THE
INTRODVCTION
.
Of
the
Conservators
of
the
Peace
.
CHAP.
1.
1.
BEfore
I
enter
into
the
handling
of
the
particulars
wherein
the
Iustice
of
Peace
is
to
exercise
his
Authority
,
it
will
not
be
amisse
in
a
generality
by
way
of
Introduction
to
set
forth
how
the
Common
Law-hath
provided
for
the
preservation
of
peace
,
and
good
government
of
the
Subjects
,
and
how
the
same
hath
from
time
to
time
beene
enlarged
by
severall
Acts
of
Parliament
.
parti
prefa●e
.
It
is
plaine
and
apparant
that
the
common
Lawes
of
England
receiving
principally
their
grounds
from
the
Lawes
of
God
and
nature
(
which
law
of
nature
,
as
it
pertaineth
to
man
,
is
also
called
the
law
of
reason
)
and
being
for
their
antiquity
those
whereby
the
Realme
of
England
was
governed
many
hundred
yeares
before
the
Norman
Conquest
;
the
Equity
and
Excellency
whereof
is
such
,
as
that
there
is
no
humane
Law
,
within
the
circuite
of
the
whole
world
,
by
infinite
degrees
,
so
apt
and
profitable
,
for
the
honourable
,
peaceable
,
and
prosperous
governement
of
the
Kingdomes
of
England
and
Ireland
,
and
so
necessarie
for
all
estates
,
and
for
all
causes
,
concerning
life
,
lands
,
or
goods
,
as
these
Lawes
beene
;
These
Lawes
,
I
say
,
even
from
their
beginning
have
continued
a
speciall
care
for
the
conservation
of
the
peace
,
and
good
governement
of
the
people
.
And
to
that
purpose
at
the
Common
Law
(
long
before
Iustices
of
the
peace
were
made
)
there
were
sundry
persons
to
whose
charge
the
maintenance
of
this
peace
was
recommended
,
and
who
with
their
other
offices
had
(
and
yet
still
have
)
the
conservation
of
the
Peace
annexed
to
their
charges
,
as
a
thing
incident
to
,
and
unseparable
from
those
offices
,
And
yet
neverthelesse
,
they
were
and
are
called
by
the
names
of
their
offices
,
onely
the
conservation
of
the
Peace
being
included
therein
.
First
,
2.
The
Lord
Chancellour
(
or
Lord
Keeper
of
the
great
Seale
)
the
Lord
high
Steward
of
England
,
the
Lord
Marshall
,
and
high
Constable
of
England
,
the
Lord
Treasurer
of
England
,
and
every
Iustice
of
the
Kings
Bench
,
and
also
the
Master
of
the
Rolls
,
have
inclosed
in
their
said
Offices
the
conservation
of
the
Peace
over
all
the
Realme
,
and
every
of
these
may
award
precepts
,
and
take
recognizance
for
the
Peace
by
vertue
of
their
places
;
and
the
like
Officers
in
Ireland
may
doe
the
like
.
Br.
peace
.
12.
3.
There
be
others
also
(
who
by
vertue
of
their
Offices
)
have
the
conservation
of
the
Peace
,
but
yet
onely
within
the
precinct
of
their
severall
Courts
,
as
namely
the
Iustices
of
the
Court
of
Common
Pleas
,
the
Barons
of
the
Exchequer
,
and
the
Iustices
of
Assise
.
4.
Also
the
Steward
of
the
Sheriffes
Turne
,
the
Steward
of
a
Leete
,
and
the
Steward
of
a
Court
of
Pypowder
,
every
of
these
are
Conservators
of
the
Peace
within
their
severall
Courts
;
for
every
of
them
may
commit
him
to
ward
,
that
shall
make
an
Affray
in
their
presence
,
whilst
they
be
in
execution
of
their
Offices
;
for
that
these
be
Courts
of
Record
:
and
so
in
all
other
Courts
of
Record
.
5.
And
as
well
the
Steward
of
the
Sheriffes
Turne
,
as
also
the
Steward
of
a
Leete
(
during
their
Courts
)
may
by
recognizance
binde
him
to
the
peace
that
shall
make
an
Affray
in
their
presence
,
Br.
Leet
.
39.
F.N.B.
82.
sitting
the
Court
;
See
Br.
Leet
.
1.
2.
14.
18.
22.
26.
7.
Coroners
also
by
the
Common
Law
,
are
Conservators
of
the
peace
,
within
the
County
where
they
be
Coroners
:
but
they
have
power
for
the
keeping
of
the
peace
,
only
as
the
Constables
have
,
and
no
otherwise
.
9.
The
high
Constables
for
hundreds
are
Conservators
of
the
peace
within
their
severall
hundreds
and
limits
.
11.
If
any
man
shall
make
an
Affray
or
assault
upon
another
in
the
presence
of
the
Constable
:
Or
if
any
man
shall
threaten
to
kill
,
beat
,
or
hurt
another
,
and
that
complaint
shall
bee
made
thereof
to
the
Constable
,
hee
may
commit
the
offendour
(
to
the
Stockes
,
or
to
some
other
safe
custodie
for
the
present
,
and
after
may
carry
him
before
some
Iustice
of
peace
,
or
to
the
Gaole
)
untill
hee
shall
finde
suretie
for
the
peace
.
12.
These
conservators
of
the
peace
(
by
the
ancient
common
Law
)
are
to
imploy
their
owne
valour
;
and
may
also
command
the
helpe
,
aide
,
and
force
of
others
,
to
arrest
and
pacifie
all
such
,
who
in
their
presence
,
and
within
their
Iurisdiction
,
and
limits
,
by
word
,
or
deed
shall
goe
about
to
breake
the
peace
.
13.
Also
these
Conservators
of
the
peace
,
if
they
have
committed
or
bound
over
,
any
such
offendours
,
it
seemeth
they
are
then
to
send
to
,
or
to
be
present
at
,
and
attend
the
next
Sessions
of
the
peace
,
or
Gaole-delivery
,
there
to
object
against
such
offendours
.
The
first
ordering
of
Iustices
of
the
Peace
,
and
their
authoritie
.
CHAP.
2.
1.
IN
Anno
Domini
1327.
Iustices
or
Commissioners
of
the
Peace
were
first
created
and
ordained
by
the
statute
of
1.
Ed.
3.
cap.
16.
by
which
statute
it
was
ordained
that
in
every
Shire
of
the
Realme
certaine
persons
should
be
assigned
(
sc.
by
the
Kings
Commission
)
to
keepe
the
peace
,
And
their
authoritie
was
after
inlarged
by
the
statutes
of
4.
Ed.
3.
cap.
2.
18.
Ed.
3.
cap.
2
:
And
34.
Ed.
cap.
1.
And
by
the
said
statute
of
34.
Ed.
3.
cap.
1.
they
were
first
(
generally
)
enabled
to
heare
and
determine
(
at
the
Kings
suite
)
all
manner
of
Felonies
and
Trespasses
;
And
each
County
had
now
its
proper
Commissioners
for
the
peace
,
whereas
before
(
it
seemeth
)
the
Commissions
to
the
Iustices
of
peace
were
not
alwayes
made
severally
into
each
shire
,
but
sometimes
joyntly
to
sundry
persons
over
sundry
shires
.
2.
But
the
statute
of
36.
Edw.
3.
cap.
12.
is
the
first
statute
that
nameth
them
Iustices
of
the
peace
:
For
the
statutes
of
2.
Ed.
3.
cap.
6.
and
25.
Ed.
3.
cap.
6.
7.
8.
speaking
of
Iustices
seeme
not
to
bee
of
our
Iustices
of
peace
;
but
that
of
2.
E.
3.
as
also
the
statute
of
Winchester
,
cap.
6.
therein
mentioned
to
bee
meant
of
Iustices
Itinerants
,
or
Iustices
in
Eyre
;
and
the
other
of
25.
E.
3.
to
bee
meant
of
Iustices
or
Commissioners
specially
assigned
for
servants
and
labourers
.
3.
They
be
called
Iustices
(
of
the
peace
)
because
they
be
Iudges
of
Record
,
and
withall
to
put
them
in
minde
(
by
their
names
)
that
they
are
to
doe
Iustice
(
which
is
to
yeeld
to
every
man
his
owne
by
even
portions
,
and
according
to
the
lawes
,
customes
,
and
statutes
,
of
this
Realme
,
without
respect
of
persons
.
)
4.
They
are
named
also
Commissioners
(
of
the
peace
)
because
they
have
authoritie
by
the
Kings
Commission
.
5.
And
here
it
shall
not
be
amisse
to
put
them
in
minde
how
that
Iustice
may
be
perverted
many
wayes
(
if
they
shall
not
arme
themselves
with
the
feare
of
God
,
the
love
of
Truth
and
Iustice
,
and
with
the
authority
and
knowledge
of
the
Lawes
and
Statutes
of
this
Realme
,
As
namely
1.
First
;
by
feare
,
when
fearing
the
power
or
countenance
of
another
,
they
doe
not
Iustice
,
Deut.
1.17
.
Yee
shall
not
feare
the
face
of
man
for
the
judgement
is
Gods
.
2.
Favour
,
when
they
seeke
to
please
their
Friend
,
neighbour
,
or
others
,
Deut.
ibid.
Ye
shall
have
no
respect
of
persons
in
judgement
.
3.
Hatred
or
malice
against
the
partie
,
or
some
of
his
,
See
Levit.
19.18
.
4.
Covetousnesse
;
when
they
receive
or
expect
gift
,
or
reward
,
for
(
as
the
wise
man
saith
)
Rewards
and
gifts
doe
blinde
the
eyes
of
the
wise
,
5.
Perturbation
of
mind
,
as
anger
,
or
such
like
passion
.
Iames
1.20
.
The
wrath
of
man
doth
not
accomplish
the
Righteousnesse
of
God
.
6.
Ignorance
,
or
want
of
true
understanding
what
is
to
bee
done
.
Ignorantia
mater
erroris
.
7.
Presumption
when
without
law
,
(
or
other
sufficient
rule
or
warrant
)
they
(
presuming
of
their
owne
wits
)
proceede
according
to
their
owne
wils
and
affections
.
There
is
more
hope
of
a
foole
,
then
of
him
that
is
wise
in
his
owne
conceit
.
Prov.
26.12
.
8.
Delay
,
which
in
effect
is
a
denying
of
Iustice
;
Negligentia
semper
habet
Comitem
infortunium
,
&
mora
trahit
periculum
.
9.
Precipitation
,
or
too
much
rashnesse
;
when
they
proceede
hastily
without
due
examination
and
consideration
of
the
fact
,
and
of
all
materiall
circumstances
,
or
without
hearing
both
parties
,
for
as
another
saith
(
qui
aliquid
statuerit
parte
inaudita
altera
aquum
licet
sta●uerit
,
haud
aquus
est
)
hee
that
shall
judge
or
determine
of
a
matter
,
the
one
party
being
unheard
,
although
he
shall
give
just
judgement
,
yet
is
he
not
a
just
Iudge
.
King
Iames
hath
shortly
,
yet
fully
observed
in
his
charge
lately
given
to
the
Iudges
of
England
(
sc.
)
charging
them
,
That
they
doe
Iustice
uprightly
and
indifferently
without
delay
,
partiality
,
feare
or
bribery
,
with
stout
and
upright
hearts
,
with
cleane
and
uncorrupt
hands
,
and
yet
not
to
utter
their
owne
consents
,
but
the
true
meaning
of
the
law
,
not
making
lawes
,
but
interpreting
the
Law
;
(
and
that
according
to
the
true
sence
thereof
,
and
after
deliberate
consultation
)
remembring
that
their
Office
is
Ius
dicere
,
and
not
Ius
dare
.
7.
According
to
this
last
also
is
the
rule
given
in
the
booke
of
Iudges
,
sc.
in
all
causes
doubtfull
first
to
consider
of
the
matter
,
8.
Yea
God
himselfe
hath
given
us
Presidents
of
such
deliberate
proceedings
,
as
you
may
see
in
Genesis
,
chap.
3.
vers.
8.
chap.
18.
vers.
21.
9.
These
are
worthy
Directions
for
all
Iustices
of
peace
,
that
they
may
carry
themselves
in
their
places
uprightly
and
indifferently
,
not
uttering
their
owne
conceites
,
nor
upon
the
sudden
to
over-rule
things
,
but
after
deliberate
consideration
and
consultation
,
then
to
proceede
to
execute
the
authority
committed
to
them
.
10.
Iustices
of
peace
are
Iudges
of
Record
,
11.
Now
first
that
the
Iustices
of
peace
are
Iudges
of
Record
,
1.
Hee
is
made
under
the
great
Seale
,
which
is
a
matter
of
Record
.
2.
Every
Iustice
of
peace
hath
judiciall
power
given
unto
him
by
the
Commission
,
sc.
in
the
first
assignavimus
.
3.
Also
by
some
statutes
they
have
judiciall
power
given
them
,
for
they
may
make
a
Record
of
a
force
by
them
viewed
,
and
may
thereupon
fine
and
imprison
the
offendors
,
yea
one
Iustice
of
peace
may
also
heare
and
determine
,
and
punish
an
offendor
(
in
some
cases
as
convicted
upon
his
owne
view
or
examination
)
as
in
cases
of
forcible
Deteyner
.
4.
His
warrant
(
though
it
be
beyond
his
authority
)
is
not
disputable
by
the
Constable
,
or
other
inferior
Minister
,
but
must
be
obeyed
and
executed
by
them
;
But
this
must
bee
understood
,
5.
Hee
may
take
a
Recognizance
(
for
the
peace
,
&c.
)
which
is
a
matter
of
Record
,
and
which
none
can
doe
,
but
a
Iudge
of
Record
,
See
Br.
Recog
.
8.
&
14.
6.
His
record
(
or
testimony
)
in
some
cases
is
of
as
great
force
,
and
in
some
other
cases
,
of
greater
force
,
then
an
Indictment
upon
the
oath
of
twelve
men
,
as
in
cases
of
Forcible
Entry
,
forcible
Deteyner
and
Riots
.
7.
Great
cause
therefore
have
the
Iustices
of
P.
to
take
heed
that
they
abuse
not
this
their
credit
and
authoritie
,
either
to
the
oppressing
of
the
subject
,
by
making
untrue
Records
,
or
defrauding
of
the
King
,
by
suppressing
true
Records
.
12.
Now
concerning
peace
,
it
is
the
amitie
,
confidence
,
and
quiet
,
that
is
betweene
men
,
and
he
that
breaketh
this
amitie
,
or
quiet
,
breaketh
the
peace
.
13.
Yet
peace
(
in
our
law
)
most
commonly
is
taken
for
an
abstinence
from
actuall
and
injurious
force
,
and
offer
of
violence
,
and
so
is
rather
a
restraining
of
hands
,
then
an
uniting
of
mindes
;
And
for
the
maintenance
of
this
peace
,
chiefly
were
the
Iustices
of
Peace
first
made
.
14.
The
breach
of
this
peace
seemeth
to
be
any
injurious
force
,
or
violence
,
moved
against
the
person
of
another
,
his
goods
,
lands
or
other
possessions
,
whether
it
be
by
threatning
words
,
or
by
furious
gesture
,
or
force
of
the
bodie
,
or
any
other
force
used
in
terrorem
populi
.
15.
The
Office
of
the
Iustice
of
Peace
is
principally
to
be
exercised
to
the
suppressing
of
such
injurious
and
unlawfull
force
,
or
violence
,
and
yet
the
Commission
of
the
P.
(
being
pro
conservatione
pacis
&
pro
quieto
regimine
&
gubernatione
populi
,
)
I
see
not
why
the
Iustices
of
Peace
should
be
restrained
from
preventing
and
repressing
such
other
offences
,
misbehaviours
and
deceits
as
may
breake
the
amitie
,
quiet
,
and
good
governement
of
the
people
;
and
whereof
discords
,
and
so
breaches
of
the
peace
doe
often
arise
;
(
though
there
appeare
neither
force
nor
violence
in
the
offence
it selfe
)
as
libellings
,
cosinages
,
and
such
other
offences
.
16.
But
it
is
no
part
of
their
office
to
forbid
lawfull
suits
;
albeit
they
shall
doe
well
to
be
mediators
of
peace
in
such
suites
and
controversies
as
shall
arise
amongst
their
neighbours
.
17.
The
Conservation
of
the
peace
(
and
therein
the
care
of
the
Iustice
of
peace
)
consisteth
in
three
things
,
viz:
1.
In
preventing
the
breach
of
the
peace
(
wisely
fore-seeing
and
repressing
the
beginnings
thereof
)
by
taking
surety
for
the
keeping
of
it
,
or
for
the
good
behaviour
of
the
offendors
,
as
the
case
shall
require
.
2.
In
pacifying
such
as
are
in
breaking
of
the
peace
.
3.
In
punishing
(
according
to
the
law
)
such
as
have
broken
the
peace
.
18.
But
of
the
three
,
the
first
;
viz.
the
preventing
part
,
is
most
worthy
to
be
commended
to
the
care
of
the
Iustices
of
Peace
.
19.
Iustices
of
peace
(
at
this
day
)
in
Ireland
are
of
two
sorts
,
and
are
appointed
or
created
by
two
severall
meanes
,
videlicet
:
The
one
by
grant
made
by
the
King
by
Charter
under
the
great
seale
,
By
Charter
.
Br.
Commiss
.
5.
as
Mayors
and
chiefe
Officers
in
divers
corporate
Townes
:
And
such
the
King
cannot
discharge
againe
at
his
pleasure
,
but
they
shall
continue
and
enjoy
their
Iurisdiction
,
according
as
their
Charters
doe
enable
them
:
And
therefore
if
the
King
grant
to
a
Mayor
or
other
head
Officer
of
a
City
,
or
corporate
Towne
,
and
to
their
Successors
,
to
bee
Iustices
of
peace
in
their
City
or
Towne
,
and
after
maketh
out
a
Commission
of
the
peace
to
others
there
,
yet
the
authoritie
and
Iurisdiction
of
the
Mayor
,
&c.
remaineth
good
,
for
that
it
was
granted
to
them
and
their
successors
,
and
is
not
revocable
at
the
Kings
pleasure
,
as
a
Commission
of
the
peace
is
.
And
such
Iustices
of
peace
by
Charter
have
thereby
the
same
power
,
that
the
Conservators
of
the
peace
had
by
the
Common
law
;
And
it
seemeth
such
power
also
as
is
given
to
the
Iustices
of
peace
(
or
to
any
one
Iustice
of
peace
)
by
expresse
words
in
any
statute
:
but
none
of
them
have
thereby
the
whole
power
which
is
ordinarily
given
to
the
Commissioners
of
the
peace
by
their
Commission
.
20.
The
other
sort
of
Iustices
of
peace
are
by
Commission
First
,
by
the
death
of
the
King
,
or
by
his
Resignation
of
the
Crowne
.
Secondly
,
at
the
Kings
pleasure
,
and
that
in
two
sorts
:
Either
by
the
Kings
pleasure
expressed
,
as
the
King
in
expresse
words
may
discharge
them
by
his
writ
under
the
great
seale
,
or
by
Supersedeas
:
Br.
Commiss
.
20.
●●
.
but
the
Supersedeas
doth
but
suspend
their
authoritie
,
which
may
be
revived
by
a
procedendo
.
Or
by
implication
(
as
by
making
other
Commissioners
of
the
same
kinde
,
and
within
the
same
limits
,
leaving
out
the
ancient
Commissioners
names
)
10.
Ed.
4.
7.
&
.
3.
Mar.
1.
21.
But
here
the
ancient
Commissioners
must
have
knowledge
of
such
new
Commission
;
for
this
determination
of
the
old
Commission
,
34.
Ass.
p.
S.
Br.
Commiss
14.
22.
24.
So
also
the
authoritie
of
the
high
Constables
and
pettie
Constables
remaineth
,
notwithstanding
the
death
of
the
King
,
&c.
for
that
their
authoritie
is
by
the
common
Law
,
and
to
their
said
Office
the
conservation
of
the
peace
remaineth
as
a
thing
incident
and
unseparable
from
the
same
.
27.
The
oath
concerning
the
office
,
seemeth
to
be
by
force
of
the
statute
made
13.
R.
2.
ca.
7.
the
forme
whereof
as
it
now
is
followeth
in
these
words
,
viz:
28.
Ye
shall
sweare
,
that
as
Iustice
of
the
peace
in
the
County
of
Dublin
in
all
Articles
of
the
Kings
Commission
to
you
directed
,
you
shall
doe
equall
right
to
the
poore
,
and
to
the
rich
after
your
running
wit
and
power
,
and
after
the
lawes
and
customes
of
the
realme
and
statutes
thereof
made
:
And
ye
shall
not
bee
of
Councell
of
any
quarrell
hanging
before
you
:
And
that
yee
hold
your
Sessions
after
the
forme
of
the
Statutes
thereof
made
.
And
the
Issues
,
Fynes
,
and
Amerciaments
that
shall
happen
to
be
made
,
and
all
Forfeitures
which
shall
fall
before
you
,
ye
shall
cause
to
be
entred
without
any
concealement
(
or
imbesilling
)
and
truely
send
them
to
the
Kings
Exchequer
;
ye
shall
not
let
for
gift
,
or
other
cause
,
but
well
and
truly
you
shall
doe
your
office
of
Iustice
of
the
peace
,
in
that
behalfe
,
and
that
you
take
nothing
for
your
office
of
Iustice
of
the
peace
to
be
done
,
but
of
the
King
,
and
Fees
accustomed
,
and
costs
limitted
by
the
statute
;
and
ye
shall
not
direct
,
nor
cause
to
be
directed
,
any
warrant
(
by
you
to
bee
made
)
to
the
parties
,
but
ye
shall
direct
them
to
the
Bailiffes
of
the
said
County
,
or
other
the
Kings
Officers
(
or
Ministers
)
or
other
indifferent
persons
to
doe
execution
thereof
.
So
help
you
God
,
&c.
29.
The
parts
of
this
Oath
are
shortly
sixe
.
1.
That
they
shall
doe
equall
right
to
rich
and
poore
,
and
according
to
the
lawes
and
statutes
of
the
realme
.
2.
That
they
shall
not
be
of
Counsell
with
any
person
,
in
any
matter
depending
before
them
.
3.
That
they
shall
keepe
their
Sessions
according
to
the
statutes
,
4.
That
all
Issues
,
Fines
,
Amerciaments
,
and
Forfeitures
which
happen
before
them
,
be
by
them
truly
entred
,
and
sent
into
the
Exchequer
.
5.
That
they
take
nothing
for
doing
their
office
,
but
of
the
King
,
and
the
accustomed
Fees
appointed
by
the
statutes
.
6.
That
they
shall
not
direct
any
their
warrants
to
the
parties
,
but
to
the
Bailiffes
of
the
County
,
or
to
other
the
Kings
Officers
,
or
other
indifferent
persons
.
26.
The
other
oath
concerning
the
Kings
supremacie
,
is
by
force
of
the
statute
,
made
secundo
Eliz.
ca.
1.
The
forme
of
which
oath
also
followeth
in
these
words
:
videlicet
.
27.
I.
R.
B.
doe
utterly
testifie
and
declare
in
my
conscience
that
the
Kings
Highnesse
is
the
onely
supreme
governour
of
this
Realme
,
and
of
all
other
his
Highnesse
Dominions
,
and
Countries
,
as
well
in
all
spirituall
and
Ecclesiasticall
things
(
or
causes
)
as
temporall
:
And
that
no
forraigne
Prince
,
person
,
prelate
,
State
,
or
potentate
,
hath
or
ought
to
have
any
Iurisdiction
,
power
,
superiority
,
preheminence
,
or
authority
Ecclesiasticall
,
or
spirituall
within
this
Realme
:
And
therefore
I
doe
utterly
renounce
and
forsake
all
forraigne
Iurisdiction
,
powers
,
superiorities
and
authorities
,
and
doe
promise
that
from
henceforth
I
shall
beare
faith
and
true
allegiance
to
the
Kings
Highnesse
,
his
heires
,
and
lawfull
Successors
,
and
(
to
my
power
)
shall
assist
and
defend
all
Iurisdictions
,
privileges
,
preheminences
and
authorities
,
granted
or
belonging
to
the
Kings
highnesse
,
his
heires
,
and
Successors
,
and
united
,
and
annexed
to
the
Imperiall
Crowne
of
the
Realme
.
So
help
me
God
,
&c.
28.
Yet
it
is
most
usuall
that
both
these
oathes
are
taken
by
a
speciall
Commission
:
viz.
by
a
writ
of
Dedimus
potestatem
,
directed
out
of
the
Chancery
to
some
ancient
Iustice
of
Peace
to
take
the
same
oathes
(
which
by
them
is
to
be
certified
into
the
same
Court
,
)
at
such
day
as
the
writ
commandeth
.
29.
If
the
Iustice
of
peace
(
or
other
person
)
to
whom
a
Dedimus
potestatem
shall
be
directed
to
take
the
oathes
of
a
new
Iustice
of
peace
,
shall
returne
the
Commission
and
the
Oathes
to
be
taken
,
when
they
were
not
taken
,
this
is
fineable
in
the
Star-chamber
.
30.
So
if
the
new
Iustice
of
peace
shall
exercise
this
office
before
he
hath
taken
both
these
Oathes
,
he
is
likewise
fineable
in
the
Star-chamber
.
31.
Also
if
a
Iustice
of
peace
shall
not
performe
his
oath
(
concerning
his
office
)
he
is
fineable
in
the
Star-chamber
,
if
the
neglect
be
of
corruption
,
or
any
sinister
affection
,
otherwise
,
it
is
if
it
be
by
Ignorance
onely
.
32.
Now
forasmuch
as
the
authoritie
of
the
Iustices
of
peace
,
ariseth
partly
out
of
their
Commission
,
and
partly
out
of
the
statutes
,
I
will
set
downe
the
forme
of
the
Commissions
now
used
in
Ireland
,
which
are
consonant
to
the
Lawes
and
statutes
,
and
to
the
politique
government
of
this
Kingdome
.
These
two
Commissions
do
somewhat
differ
in
the
second
Assignavimus
,
for
by
that
for
the
County
of
Dublin
,
the
Iustices
of
peace
have
power
to
heare
and
determine
felonyes
,
but
in
the
other
they
have
no
power
given
them
thereby
to
heare
and
determine
of
any
felonie
,
and
the
reason
of
this
difference
is
twofold
.
First
because
,
no
Iustices
of
Assise
and
gaole
delivery
go
into
the
County
of
Dublin
.
Secondly
,
because
at
the
quarter
Sessions
of
the
peace
there
is
alwayes
one
or
more
of
the
Iudges
or
of
the
Kings
counsell
present
.
Also
both
these
Commissions
do
differ
from
the
usuall
Commission
of
the
peace
in
England
in
this
particular
,
videlicet
.
By
these
Commissions
,
the
Iustices
of
peace
have
power
to
enquire
of
Treason
which
the
Iustices
of
peace
in
England
by
their
Commission
have
not
.
The
reason
is
because
many
offences
which
are
common
here
,
are
by
the
Lawes
of
this
kingdome
Treason
which
by
the
Lawes
in
England
are
but
felonie
.
33.
These
Commissions
have
two
parts
containing
the
power
of
the
Iustices
of
peace
.
35.
By
this
first
clause
in
the
Commission
,
the
Iustices
of
peace
have
aswell
all
the
ancyent
power
touching
the
peace
which
the
Conservators
of
the
peace
had
by
the
Common
law
,
as
also
that
whole
authoritie
which
the
statutes
have
since
added
thereto
.
36.
The
meanes
which
the
Iustices
of
peace
must
use
for
the
keeping
of
the
peace
,
and
for
the
execution
of
these
statutes
,
is
as
followeth
.
37.
For
to
prevent
the
breach
of
the
peace
the
Iu.
of
P.
may
send
his
warrant
for
the
party
,
and
may
take
sufficient
sureties
of
him
by
recognizance
for
the
peace
,
or
for
the
good
behaviour
,
as
the
case
shall
require
,
and
may
send
the
partie
to
the
Gaole
for
not
finding
such
sureties
.
38.
But
for
these
statutes
made
for
the
peace
,
they
are
to
be
executed
according
to
such
prescript
order
as
themselves
do
deliver
,
wherein
if
no
power
at
all
be
expressely
given
to
any
one
Iustice
of
peace
alone
,
then
can
he
not
otherwise
compell
the
observation
thereof
(
as
it
seemeth
)
then
by
admonition
onely
.
In
which
behalfe
if
he
shall
not
be
obeyed
,
he
may
preferre
the
cause
at
the
Sessions
and
to
worke
it
to
a
presentment
upon
the
statute
,
and
so
by
the
help
of
his
fellow
Iustices
to
heare
and
determine
thereof
as
law
requireth
.
39.
The
second
Assignavimus
,
in
the
Commission
doth
give
authoritie
to
any
two
Iustices
of
the
peace
,
or
more
,
the
one
being
of
the
Quorum
,
in
these
five
things
following
.
1.
To
enquire
,
by
a
Iurie
,
of
all
offences
mentioned
within
the
Commission
.
2.
To
take
and
view
all
Iudictments
and
presentments
of
the
Iurie
.
3.
To
grant
out
proces
against
the
offendors
,
except
in
cases
of
Treason
,
in
the
County
of
Dublin
,
and
cases
of
Treason
and
felonie
in
the
other
Counties
,
thereby
to
cause
them
to
come
and
answere
to
the
said
Iudictments
.
4.
To
trie
and
heare
all
such
offences
(
except
before
excepted
)
upon
any
former
or
future
indictments
taken
before
themselves
,
or
before
any
other
Iustices
of
the
peace
after
the
offendors
be
come
in
.
5.
To
determine
thereof
by
giving
Iudgement
and
inflicting
punishment
upon
the
offendors
,
according
to
the
Lawes
and
statutes
.
40.
But
all
the
busines
included
within
the
second
Assignavimus
,
belongeth
to
the
Sessions
of
the
peace
,
which
is
to
be
declared
in
the
second
part
of
this
booke
,
and
therefore
I
forbeare
to
speake
of
it
in
this
place
.
41.
Note
also
that
there
be
diverse
statutes
,
which
be
not
specified
within
the
Commission
,
and
yet
are
committed
to
the
charge
and
care
of
the
Iustices
of
peace
,
and
are
a
sufficient
warrant
and
Commission
of
themselves
,
although
they
be
not
recited
in
the
Commission
:
And
all
such
statutes
are
also
to
be
executed
,
according
as
the
same
statutes
themselves
do
severally
prescribe
and
set
downe
.
42.
And
for
that
most
of
the
busines
and
practise
of
the
Iustices
of
peace
doth
consist
and
lye
in
the
execution
of
such
statutes
,
as
are
committed
to
their
charge
(
whether
they
be
specified
in
the
Commission
,
or
not
specified
there
)
the
numbers
of
which
statutes
are
exceedingly
encreased
of
late
yeares
to
the
overburthening
of
all
the
Iustices
of
peace
(
And
the
rather
)
to
give
some
little
help
to
such
Iustices
of
peace
who
(
being
destitute
of
the
assistance
of
such
as
are
learned
in
the
Lawes
)
are
daily
to
administer
Iustice
(
and
to
execute
their
office
at
home
and
out
of
their
Sessions
)
I
have
for
their
better
case
herein
endeavored
(
in
this
treatise
)
to
set
downe
more
orderly
and
particularly
the
severall
parts
and
branches
of
every
such
statute
by
it selfe
,
under
their
proper
titles
,
with
further
referments
to
the
statutes
themselves
at
large
or
to
the
Abridgements
.
43.
The
power
and
authoritie
of
the
Iustices
of
peace
aswell
given
them
by
the
said
Commission
,
as
by
the
statutes
,
is
in
some
cases
Ministeriall
or
regular
and
limited
as
a
Minister
onely
;
And
in
some
other
cases
judiciall
or
absolute
and
as
a
Iudge
.
44.
Ministeriall
,
when
he
is
thereto
commaunded
by
a
higher
authoritie
.
45.
As
upon
A
supplicavit
out
of
the
Chancery
or
Kings
Bench
,
for
the
taking
of
suretie
for
the
peace
,
or
good
behaviour
;
and
a
Writ
upon
the
statute
of
North-hampton
,
upon
a
forceible
Entrie
.
In
the
execution
of
which
two
Writs
the
Iustice
of
peace
may
proceede
no
further
,
or
otherwise
then
hee
is
authorised
by
such
writ
,
and
is
also
to
returne
the
writ
,
and
to
certifie
his
doings
therein
,
into
the
Court
whence
the
writ
came
.
46.
But
in
all
other
cases
the
power
of
the
Iustices
of
peace
is
absolute
(
in
some
manner
)
so
as
they
,
and
every
of
them
may
of
their
owne
power
proceede
ex
officio
,
and
as
a
Iudge
;
yet
this
their
power
is
also
limited
,
for
they
may
neither
hang
a
man
for
a
trespasse
,
nor
fine
him
for
a
felony
,
but
must
proceede
in
all
things
according
as
they
are
prescribed
by
the
Commission
,
and
by
the
said
severall
statutes
.
47.
And
yet
,
for
that
all
Considerable
circumstances
can
neither
be
comprehended
in
the
Commission
,
48.
The
Commission
of
the
peace
(
in
it selfe
)
doth
leave
litle
,
or
nothing
to
the
discretion
of
the
Iustices
of
peace
,
but
doth
limit
them
to
proceede
secundum
leges
,
consuetudines
,
ordinationes
,
et
statuta
.
49.
But
by
some
late
statutes
some
things
are
therein
by
speciall
words
referred
to
the
discretion
of
the
Iustices
of
peace
,
some
out
of
Sessions
,
and
some
at
their
Sessions
.
50.
I
will
here
onely
set
downe
some
particulars
of
such
things
as
are
referred
to
their
discretions
out
of
their
Sessions
.
1.
2.
Trespassers
in
Corne
,
Orchards
,
Hedges
,
or
Woods
,
3.
4.
Two
Iustices
may
assesse
,
5.
Two
,
6.
There
be
some
other
statutes
and
some
other
cases
wherein
the
discretion
of
the
Iustices
of
peace
(
out
of
their
Sessions
)
is
tollerated
.
But
the
Counsell
of
Cicero
herein
is
to
be
observed
.
Sapientis
est
Iudicis
,
cogitare
tantum
sibi
esse
permissum
,
quantum
sit
commissum
ac
creditum
.
7.
Also
the
sayings
of
the
late
reverend
Iudge
and
Sage
of
the
Law
(
in
his
fifth
part
in
Rooks
case
,
talis
discretio
discretionem
confundit
.
And
therefore
in
both
the
recited
cases
it
was
holden
,
that
though
the
words
in
the
Commission
of
Sewers
do
give
authoritie
to
those
Commissioners
to
do
according
to
their
discretions
,
that
yet
their
discretion
and
proceedings
ought
to
be
limited
and
bounded
with
the
rules
of
reason
,
Law
,
and
Iustice
.
Againe
,
discretion
(
saith
he
)
is
scire
per
legem
quid
sit
justum
.
And
therefore
every
Iudge
,
Iustice
,
or
Commissioner
ought
to
have
duos
sales
,
viz.
Salem
sapientiae
,
ne
sit
insipidus
.
Et
salem
conscientiae
,
ne
sit
Diabolus
.
8.
And
(
as
Master
Lambert
well
said
)
no
way
better
shall
the
discretion
of
a
Iustice
of
peace
appeare
,
then
if
he
(
remembring
that
he
is
lex
loquens
)
shall
containe
himselfe
within
the
lists
of
Law
,
and
shall
not
use
his
discretion
but
only
where
both
the
Law
permitteth
and
the
present
case
requireth
.
9.
In
all
cases
therefore
where
the
statutes
do
referre
the
Triall
of
offendors
(
or
hearing
and
determining
of
offences
)
to
the
discretion
of
the
Iustice
or
Iustices
of
peace
(
out
of
Sessions
)
it
is
very
requisite
that
upon
such
tryall
or
hearing
the
said
Iustices
take
due
examination
of
the
offendors
themselves
,
or
of
credible
witnesses
,
(
aswell
concerning
the
fact
it selfe
,
as
the
circumstances
thereof
,
)
and
upon
confession
or
other
due
proofe
of
the
offence
.
Then
to
proceede
according
to
Law
and
Iustice
.
10.
Note
that
in
all
cases
where
the
statute
referreth
the
trial
,
&c.
to
the
discretion
of
the
Iustices
,
the
said
statutes
themselves
do
also
enable
the
said
Iust.
of
P.
to
take
the
examination
of
witnesses
upon
oath
.
11.
Note
further
that
the
Iustices
of
peace
out
of
their
Sessions
,
are
now
armed
with
farre
more
ample
authority
and
power
than
the
ancient
Conservators
of
the
peace
were
.
For
the
Iustices
of
peace
have
double
power
given
them
.
The
one
of
Iurisdiction
to
convent
the
offendors
before
them
by
their
warrant
(
in
diverse
cases
)
to
examine
,
heare
,
and
determine
the
cause
.
The
other
of
coertion
,
(
sc.
that
after
the
cause
hard
)
to
constraine
them
to
the
obedience
and
observance
of
their
order
and
decree
,
which
notwithstanding
must
be
according
to
the
rules
of
Law
and
Iustice
as
aforesaid
.
Whereas
the
ancient
conservatours
of
the
peace
had
no
Iurisdiction
or
authori●ie
at
all
either
to
convent
the
offendor
before
them
,
or
to
examine
,
heare
or
determine
the
cause
,
but
had
onely
coertion
,
prehension
or
punishment
of
an
offendour
,
in
some
few
cases
.
12.
But
in
other
corporate
Townes
,
which
have
not
their
proper
Iustices
of
peace
;
13.
Againe
,
if
a
parish
shall
extend
into
two
or
more
Counties
.
Or
if
part
thereof
shall
lye
within
the
liberties
of
any
City
,
or
Towne
corporate
(
which
have
their
proper
Iustices
)
and
part
without
.
Then
aswell
the
Iustices
of
peace
of
every
County
as
also
the
Iustices
,
or
officers
of
such
City
or
Towne
corporate
shall
intermedle
only
within
their
owne
proper
and
distinct
limits
&
bounds
,
sc.
within
so
much
of
the
said
parish
,
14.
Neither
shall
any
Iustice
of
peace
deale
in
,
or
punish
any
trespasse
,
15.
Neither
shall
any
Iustice
of
peace
for
the
time
that
he
shall
make
his
abode
or
be
out
of
the
County
where
he
is
in
Commission
,
exercise
his
office
:
For
being
out
of
the
County
where
he
is
in
Commission
,
he
is
but
a
private
man
.
16.
Now
my
purpose
is
to
set
downe
more
particularly
what
things
Iustices
of
peace
out
of
their
Sessions
of
the
peace
may
do
in
the
execution
of
their
Commission
,
or
of
the
statutes
wherewith
they
are
charged
.
And
herein
you
must
observe
that
some
things
are
permitted
to
be
executed
by
any
one
,
two
,
or
more
Iustices
,
either
in
regard
that
such
Iustice
or
Iustices
is
or
are
next
to
the
place
,
or
are
of
the
Quorum
,
or
the
like
.
17.
And
here
note
that
whatsoever
any
one
Iustice
of
peace
alone
may
doe
(
either
for
the
keeping
of
the
peace
,
or
in
other
execution
of
the
Commission
or
statutes
)
the
same
also
may
lawfully
be
done
and
performed
by
any
two
,
or
more
Iustices
.
18.
But
where
the
Law
giveth
authority
to
Two
,
19.
Also
when
things
by
statute
are
appropriated
to
some
one
certaine
Iustice
,
or
to
more
,
20.
21.
And
in
such
things
appropriate
to
some
one
or
more
Iustices
of
peace
,
if
without
such
Iustice
or
Iustices
,
all
(
or
any
of
)
the
residue
of
the
Iustices
of
that
County
shall
intermedle
therein
.
Such
their
doings
is
no
wayes
warrantable
,
and
in
such
their
proceedings
there
is
no
necessitie
to
obey
them
,
as
being
no
lawfull
Iudges
of
the
cause
.
22.
Now
having
made
a
briefe
declaration
of
the
office
of
Iustices
of
the
peace
in
generall
by
way
of
Introduction
I
shall
proceede
to
the
particulars
of
their
imployment
in
severall
Titles
according
to
the
Alphabet
.
Affray
.
CHAP.
1.
1.
AFfray
,
is
derived
of
the
French-word
Effrayer
,
which
signifieth
to
terrifie
,
or
bring
feare
,
and
which
the
Law
understandeth
to
be
a
common
wrong
,
and
therefore
I
will
shew
you
what
every
man
may
doe
in
such
cases
.
3.
An
Affray
being
in
the
street
,
if
any
other
shall
come
with
harnesse
or
weapon
to
joyne
with
either
part
,
every
person
present
,
or
that
seeth
it
,
may
stay
them
till
the
Affray
be
over
.
4.
Also
every
private
man
(
being
present
)
may
stay
the
Affrayors
,
untill
their
heat
be
over
,
and
then
may
deliver
them
to
the
Constable
to
imprison
them
till
they
finde
surety
for
the
peace
.
6.
The
Constable
8.
The
Constable
may
in
the
Kings
name
command
the
Affrayors
to
keepe
the
Kings
peace
.
9.
The
Constables
may
commit
the
Affrayors
to
prison
for
a
small
time
,
till
their
heat
be
over
;
yea
they
may
imprison
the
Affrayors
till
they
finde
sureties
for
the
peace
,
And
if
any
of
the
parties
hath
received
any
dangerous
hurt
in
the
Affray
,
the
Constable
ought
to
arrest
and
carry
the
offendor
to
the
gaole
(
or
to
a
Iustice
of
peace
)
to
the
end
he
may
finde
suretie
to
appeare
at
the
next
gaole
deliverie
,
and
the
Constable
may
justifie
the
beating
of
such
an
offendor
,
10.
Note
,
that
it
is
properly
no
Affray
,
unlesse
there
be
some
weapons
drawne
,
or
some
stroke
given
,
or
offred
to
be
given
,
or
other
attempt
to
such
purpose
.
For
if
men
shall
contend
onely
in
hot
words
,
this
is
no
Affray
;
neither
may
the
Constable
for
words
only
lay
hands
upon
them
,
unlesse
they
shall
threaten
to
kill
,
beat
,
or
hurt
one
another
,
and
then
may
the
Constable
arrest
such
persons
(
to
goe
before
some
Iustice
of
peace
,
to
finde
sureties
for
the
keeping
of
the
peace
)
and
yet
such
threatning
is
no
Affray
.
11.
If
the
Affray
be
in
an
house
,
and
the
doores
shut
,
the
Constable
may
breake
into
the
house
to
see
the
peace
kept
,
because
he
by
his
office
is
a
Conservator
of
the
peace
by
the
common
Law
.
12.
If
the
Affrayors
flie
into
another
mans
house
,
7.
Ed.
3.
19.
13.
If
the
Affrayors
flie
into
another
County
,
the
Constable
(
or
Iustice
of
Peace
)
seeing
this
,
may
in
fresh
suite
pursue
,
14.
15.
After
the
Affray
(
it
seemeth
)
the
Constable
without
a
warrant
cannot
arrest
the
Affrayors
,
16.
Every
Iustice
of
peace
may
do
that
,
which
every
Constable
or
private
man
may
do
by
the
common
Law
.
17.
18.
If
an
Affray
be
made
in
the
presence
of
a
Iustice
of
peace
,
he
may
lay
hands
upon
,
and
arrest
the
offendors
,
to
finde
sureties
,
&c.
and
may
take
away
their
weapons
.
19.
Every
Iustice
of
peace
(
in
his
owne
discretion
)
and
ex
officio
,
vide
tit
.
Suretie
for
the
peace
.
20.
If
any
person
be
dangerously
hurt
,
21.
If
an
Affray
,
or
assault
shal
be
made
upon
a
Iustice
of
peace
,
Armour
.
CHAP.
2.
2.
So
of
such
as
shall
carry
any
Guns
,
Dagges
,
or
Pistols
that
be
charged
,
or
that
shall
goe
apparelled
with
privy
Coates
,
or
doublets
,
the
Iustice
may
cause
them
to
finde
sureties
for
the
peace
,
and
may
take
away
such
weapons
.
3.
And
yet
the
Kings
servants
in
his
presence
,
and
Sheriffes
and
their
officers
,
and
other
the
Kings
Ministers
,
and
such
as
bee
in
their
company
assisting
them
,
in
executing
the
Kings
processe
,
or
otherwise
in
executing
of
their
office
,
and
all
others
in
pursuing
Huy
and
Cry
where
any
Treason
,
Felony
,
or
other
like
offences
against
the
peace
,
be
done
,
may
lawfully
beare
armour
or
weapons
.
4.
Also
any
Iustice
of
peace
may
command
that
weapons
be
taken
from
such
prisoners
as
at
any
time
shall
bee
brought
before
him
.
5.
Also
if
any
servant
to
husbandrie
,
or
to
any
Artificer
,
or
Victualer
,
or
any
Labourer
,
shall
beare
any
Buckler
,
Sword
or
Dagger
,
(
except
they
be
travelling
with
their
Master
,
or
in
their
Masters
message
.
)
Every
Iustice
of
peace
may
imprison
them
,
till
they
have
found
sureties
for
the
peace
,
Arrest
and
imprisonment
by
what
warrant
,
and
how
,
and
in
what
manner
it
may
be
executed
.
CHAP.
3.
2.
Imprisonment
is
where
a
man
is
arrested
against
his
will
,
and
is
restrained
of
his
libertie
,
by
putting
him
into
the
Gaole
,
cage
,
or
Stocks
,
or
into
some
house
,
or
otherwise
by
keeping
him
in
the
high
street
,
or
open
field
,
so
as
he
cannot
freely
goe
at
libertie
,
when
and
whither
he
would
.
3.
4.
The
Iustice
of
peace
(
seeing
that
he
is
a
Iudge
of
Record
)
his
precept
or
Commandement
by
word
of
mouth
,
in
some
cases
is
as
strong
as
his
precept
in
writing
.
5.
And
therefore
the
Iustice
of
peace
upon
a
Riot
done
in
his
presence
,
may
command
the
Riotters
to
be
arrested
,
and
cause
them
to
finde
sureties
for
their
good
behaviour
.
6.
So
upon
an
Affray
,
assault
,
threatning
,
or
other
breach
of
the
peace
done
in
his
presence
,
the
Iustice
of
peace
may
command
by
word
the
Officer
being
present
,
or
his
owne
servant
to
arrest
such
offendors
,
to
finde
sureties
for
the
peace
.
7.
And
where
the
Iustice
of
peace
commandeth
one
being
present
,
to
arrest
another
that
is
also
in
his
presence
,
8.
But
the
Iustice
of
peace
cannot
command
by
word
,
9.
Next
the
warrant
or
precept
of
a
Iustice
of
peace
by
writing
10.
And
if
it
be
for
the
peace
or
good
behaviour
,
or
the
like
,
where
sureties
are
to
be
found
or
required
,
There
the
warrant
ought
to
containe
the
speciall
cause
and
matter
whereupon
it
is
granted
,
to
the
intent
that
the
party
upon
whom
it
is
to
be
served
,
may
provide
his
sureties
ready
and
take
them
with
him
to
the
Iu.
of
peace
to
be
bound
for
him
.
But
if
the
warrant
be
for
Treason
,
murder
or
felony
,
or
other
capitall
offence
,
or
for
great
conspiracies
,
rebellions
,
assemblies
,
or
the
like
,
it
needs
not
containe
any
speciall
cause
,
but
there
the
warrant
of
the
Iu.
of
peace
may
be
to
bring
the
party
before
him
to
make
answere
to
such
things
or
matters
generally
as
shal
be
objected
against
him
,
on
the
Kings
Majesties
behalfe
,
11.
12.
13.
Also
the
Iustice
of
peace
may
in
some
cases
make
his
warrant
to
attach
the
offendor
to
be
at
the
next
Sessions
of
the
peace
,
there
to
answere
his
said
offence
.
15.
Also
the
Iustices
of
peace
in
diverse
cases
(
as
the
case
shall
require
)
do
use
to
grant
their
warrant
against
a
man
for
his
neglect
,
or
other
default
,
as
for
refusing
to
pay
Country
or
Towne
Rates
and
the
like
,
and
is
warranted
by
the
first
Assignavimus
of
the
Commission
,
for
it
is
pro
bono
regimine
.
16.
And
such
warrant
may
be
either
to
attach
the
offendor
to
be
at
the
next
Sessions
,
there
to
answer
&c.
or
els
to
bring
the
offendor
before
the
said
Iu.
or
any
other
Iustice
,
&c.
who
finding
cause
,
may
bind
such
an
offendor
to
appeare
at
the
next
Sessions
,
to
answer
the
said
default
.
17.
Also
wheresoever
any
statute
doth
give
authority
to
the
Iustices
of
peace
to
cause
another
person
to
do
a
thing
,
there
it
seemeth
,
they
have
power
given
them
(
of
congruity
)
to
grant
their
warrant
to
bring
such
person
before
them
,
that
so
they
may
take
order
therein
.
18.
Also
a
Iustice
of
peace
may
grant
his
warrant
to
attach
persons
suspected
of
felony
or
Treason
,
and
that
by
the
first
Assignavimus
,
in
the
Commission
,
and
by
the
true
construction
of
the
statute
of
5.
Ed.
3.
14.
19.
Againe
,
if
a
felony
or
Treason
be
committed
,
there
is
no
doubt
but
that
every
private
man
without
a
warrant
may
arrest
whomsoever
he
suspecteth
of
it
,
being
a
man
of
evill
fame
,
&c.
But
if
the
offendor
being
pursued
shall
resist
,
who
shal
be
ayding
to
a
private
man
whose
goods
are
stolne
,
and
who
suspecteth
another
to
have
stolne
them
,
either
to
search
for
his
goods
or
to
apprehend
the
party
suspected
,
if
the
Iustice
of
peace
by
this
warrant
shall
not
command
the
Constable
to
ayde
him
therein
.
If
it
be
objected
that
the
Constable
may
do
all
this
of
his
owne
authority
(
upon
request
to
him
made
by
the
party
robbed
)
it
is
true
,
and
yet
we
find
by
common
experience
that
the
Constables
wihout
the
Iustices
warrant
therein
,
are
for
the
most
part
,
both
very
fearefull
and
also
remisse
,
as
neither
knowing
their
owne
authoritie
,
nor
the
danger
.
20.
Besides
,
his
is
no
new
thing
,
for
there
is
such
a
president
in
the
old
booke
of
Iustices
of
peace
(
impress
.
1561.
F.
41.
a.
)
and
it
is
the
Common
practise
at
this
day
,
and
seemeth
to
be
very
serviceable
.
22.
But
such
offendors
ought
first
to
be
indicted
,
and
thereupon
the
ordinary
processe
from
the
Sessions
to
be
issued
by
the
Clerke
of
the
peace
,
is
to
be
awarded
against
them
,
untill
they
come
in
.
23.
in
anno
23.
Ed.
3.
Anno.
25.
lid
.
3.
ca.
6.
and
other
statutes
to
that
purpose
.
24.
25.
A
warrant
directed
by
the
Iu.
of
peace
to
the
Constable
or
other
sworne
officer
,
and
to
a
stranger
who
is
no
officer
,
26.
A
warrant
directed
by
the
Iu.
of
P.
to
the
Sheriffe
,
he
may
by
word
command
his
undersheriffe
,
Bailiffe
,
or
other
sworne
officer
to
serve
it
,
without
any
precept
by
writing
.
27.
But
if
the
Sheriffe
will
command
another
man
(
that
is
no
such
knowne
officer
)
to
serve
it
,
he
must
deliver
him
a
precept
in
writing
,
otherwise
a
writ
of
false
imprisonment
will
lye
for
the
arrest
.
28.
A
warrant
directed
by
the
Iu.
of
P.
to
the
Sheriffes
,
Baliffe
,
or
to
the
Constable
,
or
to
the
Iu.
servant
,
or
to
an
estranger
,
to
arrest
one
&c.
such
person
to
whom
that
warrant
is
made
,
must
serve
it
himselfe
,
for
these
can
command
none
other
to
do
it
neither
by
word
nor
writing
,
nor
make
any
deputy
.
29.
The
officer
to
whom
any
warrant
shal
be
directed
and
delivered
,
30.
A
sworne
and
knowne
officer
,
be
he
Sheriffe
,
31.
But
a
knowne
and
sworne
officer
,
34.
Where
they
be
two
or
three
knowne
by
the
name
of
I.
S.
of
D.
yeoman
and
upon
a
warrant
or
other
processe
granted
out
against
one
of
them
,
another
of
them
is
arrested
,
an
action
of
false
imprisonment
will
not
lye
against
the
officer
for
this
,
for
the
officer
is
not
bound
at
his
perill
,
to
take
notice
which
of
them
is
the
offendour
,
And
perhaps
no
particular
offence
is
mentioned
in
the
warrant
.
35.
Where
a
warrant
is
granted
out
against
I.
N.
the
sonne
of
W.
N.
and
the
officer
thereupon
arresteth
.
36.
The
officer
upon
any
warrant
from
a
Iustice
of
peace
for
the
peace
,
or
good
behaviour
,
or
in
any
other
case
where
the
King
is
a
party
,
may
by
force
breake
open
a
mans
house
,
to
arrest
the
offendor
.
37.
If
an
officer
or
other
person
hath
arrested
a
man
by
vertue
of
his
warrant
,
which
he
hath
from
a
Iu.
of
peace
,
and
then
taketh
his
promisse
that
he
will
come
againe
to
him
such
a
day
to
go
to
the
Iu.
with
him
according
to
his
warrant
(
and
so
letteth
the
party
goe
)
who
comes
not
againe
at
the
day
appointed
,
38.
Where
an
officer
hath
received
a
warrant
,
he
is
bound
to
pursue
the
effect
of
his
warrant
in
every
behalfe
,
or
otherwise
his
warrant
will
not
excuse
him
of
that
which
he
hath
done
.
Ass.
64.
Plo.
394.
b.
41.
If
any
man
shall
abuse
the
Iu.
of
peace
his
warrant
as
by
casting
of
it
into
the
dirt
,
or
treading
it
under
his
feete
,
he
may
be
bound
to
his
good
behaviour
and
may
also
be
indicted
and
fined
,
for
it
is
the
Kings
processe
.
42.
When
any
person
commeth
before
the
Iu.
of
peace
by
force
of
any
warrant
for
the
peace
,
good
behaviour
,
or
for
a
Riot
,
or
the
like
,
the
party
must
offer
sureties
,
or
else
the
Iu.
may
commit
him
.
43.
If
a
Iustice
of
peace
shall
grant
his
warrant
,
to
one
to
apprehend
another
for
Treason
or
felony
,
it
shal
be
safe
for
the
Iustice
upon
the
delivery
of
his
said
warrant
,
to
take
(
upon
oath
)
the
examination
of
the
said
party
that
requireth
the
warrant
,
or
at
least
,
to
bind
him
over
by
recognizance
to
give
Evidence
at
the
next
gaole
delivery
against
the
offendour
,
least
that
afterwards
when
the
offendor
shal
be
brought
,
by
the
officer
,
before
the
Iu.
upon
his
said
warrant
,
or
else
happen
to
yeild
himselfe
to
the
said
Iustice
,
then
the
party
that
procured
the
warrant
be
gone
.
44.
If
the
Constable
or
other
officer
(
upon
a
warrant
received
from
a
Iu.
of
peace
)
shall
come
unto
the
party
,
and
require
,
or
charge
,
or
command
him
to
goe
or
come
before
the
Iu.
this
is
no
arrest
or
imprisonment
,
and
upon
a
warrant
for
the
P.
the
officer
ought
first
to
require
the
party
to
goe
before
the
Iu.
before
he
may
arrest
him
.
45.
But
this
arrest
(
being
in
execution
of
the
commandement
of
some
Court
or
some
officer
of
Iustice
)
is
expressed
in
their
writs
,
precepts
,
or
warrants
,
by
these
words
,
or
the
like
,
sc.
Capias
,
Attachias
,
&c.
to
attach
,
arrest
,
take
,
bring
,
or
convay
,
or
cause
to
be
attached
,
arrested
,
&c.
All
which
words
do
imply
the
taking
,
and
laying
hold
of
the
person
.
46.
47.
But
the
Iu.
of
P.
are
not
to
grant
their
warrants
for
the
peace
or
the
like
against
any
noble
man
:
And
yet
if
a
capias
,
or
attachment
shal
be
awarded
against
a
Baron
or
Peere
of
the
Realme
from
the
K.
Iustices
at
Dublin
for
a
contempt
,
or
in
case
,
of
debt
or
trespasse
,
the
officer
without
any
offence
of
Law
,
may
execute
the
same
,
for
that
the
officer
is
not
to
dispute
the
authority
of
the
Court.
48.
Ecclesiasticall
persons
also
may
be
arrested
and
that
by
warrant
from
the
Iustices
of
peace
in
some
cases
,
see
more
hereof
in
the
Title
.
Suretie
for
the
peace
.
A
woman
covert
,
may
be
imprisoned
by
the
Iu.
of
P.
for
a
force
or
Riot
committed
by
her
.
49.
But
otherwise
of
young
Infants
in
such
cases
,
yet
if
an
Infant
of
yeares
of
discretion
cannot
find
sureties
for
the
peace
,
being
demanded
against
him
,
he
shal
be
committed
untill
he
hath
found
sureties
.
50.
The
liberty
of
a
man
is
a
thing
specially
favoured
by
the
common
Law
of
this
land
,
and
therefore
if
any
of
the
K.
subjects
shall
imprison
another
without
sufficient
warrant
,
the
party
grieved
may
have
his
Action
of
false
imprisonment
,
and
shall
recover
damages
against
the
other
,
And
the
King
also
shall
have
a
Fine
of
him
:
For
imprisonment
of
another
without
authority
of
the
Law
.
51.
Also
by
the
statute
of
Magna
Charta
made
9.
H.
3.
ca.
29.
No
freeman
shal
be
taken
or
imprisoned
&c.
but
by
the
lawfull
judgement
of
his
equals
(
sc.
by
the
verdict
of
a
Iury
of
12.
See
Co.
10.
75.
52.
Note
that
all
jurisdictions
ought
to
be
either
by
Charter
or
by
prescription
,
Co.
11.
99.
Ed.
3.
cap.
4.
&
42.
Ed.
3.
cap.
3.
No
person
shal
be
taken
,
nor
put
to
answere
,
unlesse
it
be
by
indictment
or
presentment
(
of
a
Iurie
)
before
Iustices
,
or
matter
of
record
,
or
by
due
processe
made
by
writ
originall
at
the
common
Law
,
42.
Ass.
5.
Br.
Commiss
.
15.
16.
&
Faux
Impris
.
9.
55.
Neither
shall
any
man
commit
another
to
prison
,
except
he
he
be
a
Iudge
of
Record
.
Co.
10.
103.
57.
Also
when
a
Treason
or
felony
is
committed
,
every
man
may
arrest
suspitious
persons
that
be
of
evill
fame
,
and
if
such
person
shall
make
resistance
,
the
other
may
justifie
to
beat
him
.
58.
But
for
the
arresting
of
such
suspitious
persons
,
note
that
there
must
be
some
Treason
or
felony
committed
indeed
.
59.
Also
the
party
that
shall
arrest
such
suspected
person
must
have
a
suspition
of
him
himselfe
,
and
for
the
same
Treason
or
felony
,
60.
So
that
when
any
Treason
or
felony
is
done
,
every
man
that
shall
suspect
another
to
be
guilty
thereof
may
arrest
him
,
5.
H.
7.
4.
B.
Br.
Faux
.
Imprisonment
16.
61.
Also
when
a
felony
is
committed
,
the
common
voice
and
fame
that
I.S.
did
the
felony
,
is
sufficient
cause
for
any
man
to
suspect
him
,
62.
So
when
a
felony
is
done
,
to
be
in
company
of
the
offendors
,
is
sufficient
cause
to
arrest
him
.
63.
Also
upon
Huy
and
Cry
for
goods
stolne
(
sc.
for
a
horse
or
Bullockes
,
&c.
of
such
a
colour
,
&c.
64.
If
any
man
shall
be
dangerously
hurt
in
an
Affray
,
65.
Nightwalkers
,
being
strangers
,
or
suspected
persons
,
watchmen
may
arrest
them
,
and
may
stay
them
till
the
morning
;
yea
every
man
may
arrest
such
Nightwalkers
,
for
it
is
for
the
good
of
the
Common-wealth
,
4.
H.
7.
18.
Br.
Faux
Imprisonment
15.
66.
The
Sheriffe
,
Bailiffes
,
Constables
,
and
other
the
Kings
officers
may
arrest
and
imprison
offendours
,
67.
A
Constable
being
informed
of
a
lewd
man
and
woman
that
are
together
in
incontinency
,
1.
H.
7.
7.
13.
H.
7.
16.
68.
The
Iustice
of
peace
may
arrest
and
imprison
offendours
in
all
cases
,
where
a
private
person
,
or
Constable
may
.
69.
The
Iu.
of
P.
upon
his
owne
motion
and
discretion
,
or
upon
complaint
,
may
also
grant
out
his
warrant
,
for
the
arresting
or
conventing
before
him
,
of
all
such
persons
as
shall
breake
,
or
goe
about
to
breake
the
peace
,
or
as
he
shall
suspect
to
bee
inclined
to
breake
the
peace
,
and
may
commit
them
to
prison
,
if
they
shall
refuse
to
finde
,
or
cannot
finde
sureties
for
to
keepe
the
peace
.
70.
The
Iu.
of
peace
,
in
diverse
cases
,
may
in
like
sort
grant
out
his
warrant
,
for
the
good
behaviour
,
against
offendors
,
and
commi●
them
to
prison
,
for
not
finding
sureties
accordingly
.
71.
And
these
things
the
Iu.
of
peace
may
doe
by
force
of
the
Commission
and
of
the
statutes
18.
E.
3.
ca.
2.
et
34.
Ed.
3.
cap.
1.
72.
If
one
commeth
before
the
Iustice
of
peace
upon
his
warrant
for
the
peace
,
good
behaviour
,
or
for
a
Riot
,
or
the
like
,
the
Iustice
needeth
not
to
demaund
surety
of
him
,
but
may
commit
him
,
if
he
doe
not
offer
it
Br.
peace
7.
73.
Also
the
Iustices
of
peace
upon
their
owne
view
of
the
offences
may
imprison
the
offendors
against
diverse
penall
Lawes
,
as
namely
such
as
shall
make
any
forceible
Entries
or
holdings
of
possessions
.
74.
There
be
diverse
other
offences
which
by
the
statutes
are
committed
to
the
Iu.
of
peace
(
out
of
their
Sessions
)
to
heare
and
determine
,
And
of
which
the
offendors
shal
be
convicted
sometimes
upon
their
owne
confession
,
before
the
Iu.
and
sometimes
upon
examination
and
proofe
of
witnesses
,
In
all
which
cases
the
said
Iustices
of
peace
may
convent
the
said
offendors
before
them
(
by
their
processe
or
warrant
)
and
after
such
examination
and
conviction
they
may
Imprison
or
otherwise
punish
the
offendors
according
as
they
are
limitted
by
the
said
statutes
.
75.
Wheresoever
the
Iu.
of
peace
hath
power
or
authority
given
him
by
any
statute
to
bind
over
any
man
or
to
cause
a
man
to
doe
any
thing
,
if
such
person
(
being
in
his
presence
)
shall
refuse
to
be
bound
,
or
to
doe
such
thing
,
such
Iustice
may
send
such
person
to
the
Gaole
,
there
to
remaine
,
till
he
shall
performe
the
same
.
76.
All
men
being
required
ought
to
assist
the
K.
officers
,
to
pursue
and
arrest
Traitours
,
Felons
,
and
all
other
offendors
against
the
peace
.
Ed.
4.
7.
a.
Br.
Trespas
.
296.
H.
4.
And
therefore
Iustices
of
peace
cannot
commit
felons
to
any
prisons
which
be
no
common
gaoles
,
nor
make
a
gaole
of
their
owne
houses
.
And
yet
Iustices
of
peace
may
commit
to
the
stocks
some
offendors
against
certaine
penall
statutes
.
80.
If
a
man
commit
felony
or
Treason
in
one
County
,
and
be
arrested
for
the
same
in
another
County
,
although
he
cannot
be
tryed
nor
indicted
in
the
County
where
he
was
apprehended
,
yet
he
shal
be
there
imprisoned
untill
by
the
Iustices
of
Assise
or
the
Iustices
of
the
Kings
Bench
,
he
shal
be
sent
to
the
gaole
of
the
County
where
the
fact
was
committed
.
81.
The
Constable
or
other
officer
pursuing
a
felon
into
another
County
takes
him
there
,
82.
Also
if
the
Constable
,
or
other
officer
,
shall
see
an
Affray
and
he
comming
to
arrest
them
,
the
Affrayors
doe
flie
into
another
County
,
the
officer
(
as
every
other
private
person
)
may
pursue
them
into
the
other
County
and
may
stay
or
arrest
them
there
,
but
the
officer
cannot
bring
them
out
of
that
County
,
but
must
carry
the
Affrayors
before
some
Iu.
of
peace
of
the
same
County
where
they
were
taken
&c.
But
if
the
Affray
be
in
one
Towne
,
and
the
Affrayors
doe
flie
into
a
franchise
or
liberty
within
the
same
County
,
the
officer
may
pursue
them
,
and
take
them
out
of
the
Franchise
by
fresh
suite
.
83.
84.
If
a
prisoner
that
is
taken
in
execution
shall
make
an
escape
of
his
owne
wrong
,
and
shall
flie
out
of
sight
,
and
into
another
County
where
the
Sheriffe
hath
no
power
,
yet
the
Sheriffe
,
&c.
upon
fresh
suite
may
take
him
againe
in
any
other
County
,
and
he
shal
be
still
said
to
be
in
execution
yea
without
fresh
suite
the
Sheriffe
&c.
may
take
him
againe
and
keepe
him
,
untill
he
hath
agreed
with
him
,
otherwise
if
the
escape
were
by
the
consent
of
the
Sheriffe
&c.
Co.
3.
58.
Br.
escape
.
4.
12.
85.
And
if
a
man
be
arrested
for
Treason
or
felony
,
and
the
Constable
shall
carry
him
to
the
Gaole
and
the
Gaoler
will
not
receive
him
,
H.
4.
Or
the
Constable
or
other
party
,
that
arrested
him
,
may
in
such
case
keepe
the
prisoner
in
his
owne
house
,
as
it
seemeth
.
See
.
11.
Ed.
4.
Br.
Faux
.
Impris
.
25.
But
the
usuall
and
best
course
is
to
bring
him
before
a
Iustice
of
peace
and
to
have
his
mittimus
,
and
then
the
Gaoler
may
not
refuse
him
.
When
a
statute
doth
appoint
imprisonment
,
but
limits
no
time
when
the
offendor
shal
be
imprisoned
,
86.
Also
when
a
statute
doth
appoint
imprisonment
,
but
limits
no
time
how
long
,
87.
Where
a
statute
doth
ordaine
that
an
offendour
shal
be
imprisoned
at
the
K.
pleasure
,
or
that
a
prisoner
shall
not
be
delivered
without
the
Kings
speciall
commandement
,
and
that
upon
a
Fine
to
be
made
to
the
King
,
the
Iustices
before
whom
the
record
is
,
may
assesse
the
same
Fine
and
deliver
him
.
18.
H.
8.
1.
&
Fitz.
Na.
Br.
fol.
190.
f.
And
therefore
if
the
Gaoler
shall
license
his
prisoner
to
goe
abroad
for
a
time
and
then
to
come
againe
,
Or
to
goe
abroad
with
a
keeper
,
though
he
come
againe
,
yet
these
are
escapes
,
And
if
the
prisoner
were
in
for
Treason
or
felony
,
H.
8.
much
lesse
in
cases
of
felony
or
of
higher
offences
.
ca.
11.
Accomptants
and
such
as
are
in
execution
,
the
Sheriffe
,
or
gaoler
may
put
Irons
or
fetters
upon
them
,
And
yet
if
the
Gaoler
shall
imprison
a
man
so
straitly
,
by
putting
him
in
the
Stocks
,
or
putting
more
Irons
upon
him
then
is
needful
,
90.
It
seemeth
by
Britton
fol.
17.
that
by
the
common
Law
(
before
the
statute
of
Westm.
2.
)
None
should
have
Irons
put
on
them
,
but
such
offendors
as
were
taken
for
felony
or
trepassers
in
parkes
,
But
the
words
of
the
statute
of
Westm.
2.
ca.
11.
are
generall
,
quod
carceri
manucipientur
in
ferris
,
which
word
carceri
seemeth
to
signifie
any
persons
imprisoned
for
any
cause
(
or
any
persons
worthy
of
the
,
prison
)
and
is
not
to
be
restrained
to
Accomptants
only
,
See
Coke
.
3.
44.
91.
Where
the
Iu.
of
peace
,
Sheriffe
,
or
other
Officer
,
92.
But
woemen
,
Ecclesiasticall
persons
,
and
such
as
be
decrepit
or
diseased
of
any
continuall
infirmity
shall
not
be
compelled
to
attend
them
.
93.
And
in
such
cases
,
it
is
referred
to
the
discretion
of
the
Iustices
of
peace
(
or
Sheriffe
&c.
)
what
number
they
will
have
to
attend
upon
them
,
and
how
and
after
what
manner
they
shal
be
armed
,
weaponed
,
or
otherwise
furnished
.
But
it
is
not
justifieable
for
the
Iu.
of
Peace
,
Sheriffe
,
or
other
officer
to
assemble
Posse
Comitatus
or
raise
a
power
or
assembly
of
people
(
upon
their
owne
heads
)
without
just
cause
,
and
therefore
it
is
to
be
considered
upon
what
occasion
a
Iustice
of
peace
or
other
officer
may
to
his
assistance
take
posse
Comitatus
.
94.
Any
Iustice
of
peace
or
Sheriffe
may
take
of
that
County
where
he
is
a
Iustice
,
or
Sheriffe
,
any
number
that
they
shall
thinke
meet
,
to
pursue
,
apprehend
,
arrest
and
imprison
Traytors
,
Murderers
,
Robbers
and
other
felons
or
such
as
doe
breake
or
goe
about
to
breake
or
disturbe
the
Kings
peace
in
any
outragious
manner
,
and
every
man
being
required
,
ought
to
assist
and
aide
them
.
95.
The
Iust.
of
P.
and
the
Sheriffe
or
undersheriffe
,
may
take
Posse
comitatus
,
for
the
suppressing
of
Riots
,
and
all
sorts
of
persons
(
being
able
and
required
)
ought
to
assist
them
therein
.
96.
97.
Also
in
cases
of
forceible
entry
,
any
Iustices
of
peace
may
take
Posse
comitatus
,
to
remove
such
persons
as
by
his
view
,
or
by
Inquisition
taken
before
him
,
shal
be
found
to
have
made
any
forceible
entry
(
into
other
mens
possessions
)
or
to
detaine
them
with
force
.
98.
The
Sheriffe
or
undersheriffe
,
or
Bailiffe
&c.
if
need
be
,
may
by
the
common
Law
take
the
power
of
the
County
(
what
number
they
shall
thinke
good
)
to
execute
the
K.
processe
or
writ
,
Replevin
,
Estreperment
,
Capias
,
or
other
writ
,
it
being
the
Kings
commandement
,
See
the
stat.
Westminst.
1.
17.
Westminst.
2.
39.
And
such
as
shall
not
assist
them
therein
being
required
shall
pay
a
Fine
to
the
King
.
99.
A
man
demands
the
P.
in
Chancery
against
a
great
Lord
,
and
hath
a
Supplicavit
directed
to
the
Sheriffe
,
there
if
need
shall
be
,
the
Sheriffe
may
take
his
Posse
comitatus
to
aide
him
to
arrest
such
a
Lord
.
So
it
seemeth
if
a
Supplicavit
bee
directed
to
a
Iustice
of
peace
,
the
Iustice
of
peace
,
or
the
officer
to
whom
the
Iustice
of
peace
shall
make
his
warrant
in
this
behalfe
(
upon
resistance
made
)
may
,
if
neede
be
,
take
Posse
Comitatus
to
aide
him
to
arrest
the
party
:
Quia
quando
aliquid
mandatur
,
mandatur
&
omne
per
quod
pervenitur
ad
illud
,
Co.
5.
115.
100.
But
besides
this
,
every
Sheriffe
is
enabled
by
his
writ
of
assistance
,
whereby
there
is
commandement
under
the
great
seale
to
all
Archbishops
,
Dukes
,
Earles
,
Barons
,
and
all
other
the
Kings
subjects
within
the
fame
County
to
be
aiding
to
him
in
whatsoever
belongeth
to
his
office
,
&c.
101.
The
Sheriffe
,
if
need
require
it
,
or
the
Constable
may
take
Posse
Comitatus
to
execute
the
precept
of
a
Iustice
of
peace
.
103.
Every
man
may
assemble
his
friends
and
neighbours
to
defend
his
person
,
&c.
being
in
his
house
,
against
violence
,
&c.
but
not
to
goe
abroad
with
him
in
a
Faire
or
market
.
1.
First
,
that
they
exercise
not
the
office
of
a
Iustice
of
peace
,
before
they
have
taken
the
oath
of
their
office
,
and
the
oath
of
Supremacy
.
2.
That
they
execute
not
this
their
office
in
their
owne
case
,
but
to
cause
the
offendour
to
bee
convented
before
some
other
Iustice
,
quia
iniquum
est
aliquem
sui
rei
esse
judicem
,
Co.
8.
18.
And
some
late
statutes
have
taken
speciall
care
to
prevent
this
,
as
you
may
see
by
the
statute
of
10.
Caroli
,
ca.
23.
in
hibernia
.
And
yet
if
the
Iustice
shall
deale
in
his
owne
case
,
it
seemeth
good
and
justifiable
in
divers
cases
,
as
when
a
Iu.
of
peace
shal
be
assaulted
,
or
(
in
the
doing
of
his
office
especially
)
shall
be
abused
to
his
face
,
and
no
other
Iustice
of
peace
present
with
him
,
then
he
may
commit
such
an
offendor
,
untill
he
shall
finde
sureties
for
the
peace
or
good
behaviour
,
(
as
the
case
shall
require
)
and
the
said
Iustice
in
such
case
may
himselfe
binde
the
offendor
,
and
take
his
suretie
;
but
if
any
other
Iustice
of
peace
shall
be
present
,
it
were
better
to
desire
his
aide
.
3.
That
they
be
carefull
for
the
execution
of
the
statute
of
Riots
,
and
if
upon
their
enquiry
of
a
Riot
,
the
truth
cannot
bee
found
by
reason
of
any
maintenance
,
&c.
that
they
certifie
the
same
within
one
moneth
to
the
Lord
Deputy
and
Counsell
,
according
to
the
statute
of
13.
H.
4.
ca.
7.
4.
That
upon
a
forceible
Entry
they
make
no
restitution
without
Enquiry
.
5.
That
they
be
circumspect
in
bayling
of
prisoners
:
viz.
that
they
neither
deny
it
to
such
as
are
baileable
,
nor
yeeld
it
,
where
it
is
not
grantable
.
6.
That
all
Recognisances
taken
by
them
bee
certified
at
their
next
quarter
Sessions
,
or
Gaole
delivery
:
according
as
the
case
shall
require
.
7.
Also
that
they
doe
Iustice
,
and
give
remedy
to
every
party
grieved
,
in
any
thing
that
lyeth
within
their
power
,
to
heare
,
determine
,
or
execute
,
and
that
without
respect
of
persons
,
and
according
to
the
lawes
and
statutes
of
this
Realme
.
8.
Note
that
all
these
former
matters
are
penall
to
the
Iustices
of
peace
,
if
they
shall
offend
in
any
of
them
,
and
therefore
it
is
likely
they
will
be
the
more
carefull
therein
.
But
there
are
certaine
other
things
principally
tending
to
the
publique
good
,
and
fit
to
be
commended
to
the
care
of
the
Iustices
of
peace
,
in
all
which
the
Iustices
of
peace
are
to
imploy
also
their
speciall
care
and
diligence
,
and
they
are
shortly
these
following
:
1.
The
abuses
,
disorders
in
Ale-houses
and
Innes
to
bee
reformed
.
2.
High
wayes
and
Bridges
to
be
amended
.
3.
Huy
and
Cry
,
and
fresh
suit
,
to
be
duly
made
and
pursued
,
after
Rebels
,
Robbers
,
and
other
Felons
and
Traytors
.
4.
Labourers
,
(
sc.
idle
persons
meet
to
serve
)
to
be
compelled
to
goe
to
service
,
also
negligent
Recusants
,
which
shall
not
resort
every
Sunday
to
Church
,
that
such
bee
punished
according
to
the
st●tute
,
for
the
first
meanes
to
bring
men
to
God
is
to
bring
them
to
Church
.
4.
Rogues
and
Vagabonds
to
be
duely
punished
.
5.
Houses
of
correction
to
be
mainetained
.
6.
Watch
to
be
duly
kept
.
7.
Weights
and
measures
,
the
abuses
therein
to
be
reformed
.
8.
Further
the
Iu.
of
P.
are
to
be
carefull
that
they
suffer
not
the
King
to
be
disadvantaged
where
it
lyeth
lawfully
in
their
power
to
prevent
.
9.
Also
that
they
remember
,
how
that
they
exercise
not
the
judgements
of
men
only
but
of
God
himselfe
(
whose
power
they
doe
participate
,
and
who
is
alwayes
present
with
them
)
and
therefore
must
take
heed
,
that
in
all
their
actions
they
set
God
continually
before
their
Eyes
.
10.
But
forasmuch
as
most
of
the
businesse
of
the
Iu.
of
P.
out
of
Sessions
consisteth
in
the
execution
of
diverse
statutes
committed
to
their
charge
,
which
statutes
cannot
be
so
sufficiently
abridged
,
but
that
they
will
come
short
of
the
substance
and
body
thereof
,
therefore
it
shal
be
safest
for
the
Iu.
of
Peace
,
not
to
relie
overmuch
upon
these
short
collections
thereof
,
but
to
have
an
Eye
to
the
Abridgement
of
those
Statutes
or
rather
to
the
booke
of
Statutes
at
large
,
and
therby
to
take
their
further
and
better
directions
for
their
whole
proceedings
.
For
(
as
Sir
Edw.
Coke
observeth
)
Abridgements
are
of
good
and
necessary
use
to
serve
as
Tables
,
but
not
to
ground
any
opinion
(
much
lesse
to
proceed
judicially
)
upon
them
,
Ideò
,
saith
he
,
satius
est
petere
fontes
,
quàm
sectari
Rivulos
.
Coke
.
10.
117.
b.
11.
And
lastly
for
the
better
encouragement
of
Iu.
of
P.
Constables
and
other
officers
who
(
by
causelesse
suits
commenced
by
contentious
persons
against
them
for
executing
their
offices
)
have
lately
been
discouraged
from
doing
their
offices
(
with
that
courage
,
care
&
diligence
which
is
required
at
their
hands
)
Now
for
their
case
in
pleading
they
are
by
the
statute
of
10.
Caroli
in
Ireland
allowed
to
plead
the
generall
issue
of
Not
guilty
,
and
to
give
the
speciall
matter
in
Evidence
,
and
for
their
wrongfull
vexation
double
Costs
.
Barretor
.
CHAP.
4.
2.
Now
a
common
Barretor
is
he
,
who
is
either
a
common
mover
or
stirrer
up
(
or
maintainer
)
of
suits
in
Law
in
any
Court
,
4.
In
the
Countrie
,
and
these
are
of
three
sorts
.
1.
Disturbers
of
the
peace
,
2.
Common
takers
,
or
detainers
by
force
or
subtiltie
,
of
the
possession
of
houses
,
lands
or
goods
which
beene
in
question
.
3.
Inventers
or
sowers
of
false
reports
,
5.
But
all
such
persons
must
be
common
Barretors
,
Bailement
and
Mainprise
.
CHAP.
5.
1.
BAilement
,
Mainprise
,
or
Replevin
,
is
the
saving
or
delivery
of
a
man
,
out
of
prison
,
before
that
he
hath
satisfied
the
Law
sc.
by
finding
sureties
to
answere
,
and
be
justified
by
the
Law
.
And
to
this
purpose
these
three
termes
(
Bailement
,
Mainprise
,
and
Replevin
)
be
indifferently
used
in
our
statutes
and
bookes
.
2.
He
that
is
bayled
,
See
22.
H.
6.
Br.
Surety
8.
&
Mainp.
89.
3.
By
the
common
law
the
Sheriffe
,
and
every
Constable
(
being
conservators
of
the
peace
)
might
have
bailed
a
suspect
of
felony
,
but
this
authoritie
is
taken
from
them
,
and
given
to
the
Iustices
of
peace
by
these
statutes
following
:
4.
First
by
the
statute
,
1.
R.
3.
cap.
3.
every
Iustice
of
peace
had
authority
(
by
his
discretion
)
to
let
to
bayle
persons
imprisoned
for
suspition
of
felony
.
But
forasmuch
as
after
the
making
of
that
statute
,
diverse
not
being
baileable
,
were
notwithstanding
let
to
Bayle
,
3.
H.
7.
10.
Carol.
cap.
18.
Westm.
1.
ca.
15.
requireth
that
such
as
be
bailed
,
be
let
out
by
sufficient
sureties
.
And
although
the
number
,
of
such
sureties
,
their
sufficiency
,
and
the
summe
wherein
they
shal
be
bound
,
resteth
in
some
sort
,
in
the
discretion
of
the
Iu.
yet
it
is
safe
for
them
to
take
two
sureties
,
at
the
least
,
and
those
to
be
men
of
good
ability
,
especially
if
the
prisoner
be
in
for
felony
or
suspition
thereof
;
For
if
the
Iustices
let
out
a
prisoner
upon
insufficient
sureties
that
is
committed
for
suspition
of
felony
,
and
appeareth
not
,
they
shal
be
fined
by
the
Iustices
of
Assise
and
gaole
delivery
.
7.
So
on
the
other
side
,
if
one
who
by
the
Law
,
is
not
baileable
,
shal
be
let
to
mainprise
,
this
shal
be
adjudged
a
negligent
escape
in
him
or
them
that
doe
let
him
to
main
prise
,
8.
Note
that
the
Sheriffes
and
other
officers
which
doe
let
to
baile
any
persons
forbidden
(
by
the
statute
,
3.
Ed.
1.
cap.
15.
)
to
be
bayled
shall
be
punished
by
the
Iustices
of
gaole
delivery
,
according
to
the
forme
of
the
same
statute
,
or
else
by
the
said
Iustices
they
may
be
put
to
their
fine
,
as
for
an
escape
,
punishable
at
the
common
Law
.
25.
Ed.
3.
39.
9.
Edw.
1.
the
said
Iustices
of
peace
so
offending
shall
pay
such
fines
,
as
shal
be
assessed
by
the
Iustices
of
gaole
delivery
where
the
offence
shal
be
committed
,
Fitz.
251.
1.
10.
Now
to
shew
further
the
authority
of
the
Iu.
of
P.
in
this
behalfe
;
No
person
arrested
for
Manslaughter
,
or
felony
,
or
suspition
thereof
(
being
baileable
by
the
Law
)
shall
be
let
to
baile
or
mainprise
,
by
any
Iu.
of
P.
but
in
open
Sessions
,
11.
But
if
any
Iu.
of
P.
hath
taken
the
examination
of
a
felon
,
and
information
against
him
,
and
after
hath
sent
him
to
the
gaole
,
now
upon
bailement
of
him
by
other
Iustices
they
need
not
to
take
any
new
examination
of
the
prisoner
,
or
information
against
him
,
but
under
their
Recog.
(
or
together
therewith
)
to
certifie
by
what
Iu.
of
P.
the
felon
was
committed
,
to
the
end
that
at
his
hands
those
examinations
and
Informations
may
be
required
,
if
he
have
not
certified
them
,
neverthelesse
it
is
not
amisse
if
they
take
new
examinations
,
and
informations
,
for
if
the
prisoner
or
accusers
vary
in
their
examinations
,
good
use
may
be
made
thereof
for
the
discovery
of
the
truth
.
12.
14.
Next
it
followeth
that
I
shew
what
persons
be
baileable
and
what
not
,
West
.
1.
ca.
15.
but
in
these
foure
cases
following
a
man
was
not
baileable
at
the
Common
Law
.
Br.
Manip
.
47.
F.
N.
B.
66.
E.
First
no
person
taken
for
the
death
of
a
man
sc.
for
murder
,
Br.
Mainp.
60.
63.
78.
47.
16.
Also
it
seemeth
the
Iustices
of
peace
cannot
baile
him
that
hath
committed
manslaughter
,
if
either
he
hath
confessed
the
offence
upon
his
examination
,
Or
that
he
be
taken
with
the
manner
,
Or
that
it
be
apparantly
knowne
that
he
killed
the
other
,
for
then
it
is
more
then
suspition
,
but
he
that
hath
dangerously
hurt
another
may
goe
under
baile
.
17.
Likewise
no
person
taken
by
the
Kings
commandement
was
baileable
by
the
common
Law
,
but
this
must
be
intended
of
the
Kings
commadement
by
his
owne
mouth
or
by
his
privy
counsell
which
are
incorporate
to
him
,
See
Stamf.
72.
&
Br.
Mainp.
37.
47.
neither
was
any
person
taken
by
the
commandement
of
the
Kings
Iustices
baileable
by
the
common
Law
,
but
this
must
be
intended
of
their
absolute
commandement
as
if
the
Iustice
commands
one
to
prison
without
shewing
cause
why
he
doth
so
command
,
or
for
misdemeanour
done
in
his
presence
,
or
for
some
other
cause
which
lyeth
in
the
discretion
of
the
Iustices
more
then
in
his
ordinary
power
.
Caroli
.
ca.
18.
It
is
provided
that
no
Iust.
or
Iustices
of
P.
shall
let
to
baile
any
person
contrary
to
the
aforesaid
statute
of
Westm.
1.
(
made
3.
Ed.
1.
)
ca.
15.
And
so
the
said
statute
of
Westm.
1.
is
now
as
a
line
whereby
the
Iustice
of
peace
are
to
guide
themselves
in
cases
of
Bailement
,
I
will
shew
here
what
persons
are
baileable
by
that
statute
of
Westm.
1.
and
what
not
.
19.
By
the
statute
of
Westm.
1.
no
prisoner
,
shall
be
let
to
baile
,
1.
First
,
such
as
have
abjured
the
Realme
shall
not
be
bailed
.
2.
3.
Nor
he
which
is
appealed
by
an
approver
,
See
Stamf.
74.
4.
Nor
he
which
is
taken
for
burning
of
burning
of
a
house
,
&c.
feloniously
.
5.
Nor
any
excommunicate
person
taken
(
at
the
Bishops
request
)
(
sc
upon
his
certificate
)
by
the
writ
of
Excom.
capiend
.
F.
N.
B.
66.
6.
Nor
any
felon
taken
with
the
manner
,
or
taken
for
a
manifest
offence
.
7.
Nor
a
Theefe
openly
defamed
and
knowne
.
8.
Nor
he
which
is
outlawed
,
and
yet
in
some
cases
such
as
be
outlawed
,
may
be
bailed
by
the
Court
,
&c.
See
Stamf.
74.
9.
Nor
he
which
hath
broken
the
Kings
prison
.
10.
Nor
he
which
is
taken
for
Treason
.
11.
Nor
he
which
is
taken
for
falsifying
the
Kings
mony
.
12.
Nor
he
which
counterfeiteth
the
Kings
seale
,
Br.
Mainp.
59.
20.
But
by
the
same
statute
of
West
.
1.
1.
First
,
he
that
is
taken
(
or
indicted
)
for
light
suspition
of
felony
,
is
baileable
,
F.
N.
Br.
249.
g.
250.
c.
251.
f.
2.
He
that
is
taken
upon
suspition
of
burglary
,
robbery
,
or
theft
,
3.
A
man
had
stolne
certaine
hoggs
,
4.
A
man
is
arrested
for
suspition
of
felony
,
and
brought
before
the
Iustice
,
if
it
shall
appeare
there
is
no
such
felony
committed
,
5.
6.
21.
And
yet
they
shall
not
be
bailed
,
if
they
be
not
also
of
good
fame
,
22.
One
that
was
indicted
before
the
Coroner
,
that
he
had
killed
another
Se
defendendo
,
was
by
the
Iustices
of
gaole
delivery
bailed
till
the
next
Assises
to
purchase
his
pardon
,
26.
Eliz.
Cromp.
153.
de
manucaptione
F.
N.
B.
249.
g.
Also
one
that
was
indicted
of
Burglary
,
as
principall
pleaded
not
guilty
and
was
after
bailed
29.
lib.
Ass.
Fitz.
Mainp
.
9.
Another
that
was
indicted
of
Robbery
was
bailed
41.
lib.
Ass.
30.
Br.
Mainp.
61.
but
these
were
bailed
by
the
Court
and
not
by
a
Iustice
of
peace
in
the
Country
.
Westminst.
1.
that
it
doth
prohibit
the
bailement
of
such
as
be
convicted
by
verdict
,
yet
it
is
to
be
intended
that
the
statute
doth
aswell
prohibite
the
bailement
of
those
convicted
and
attainted
by
verdict
,
as
it
doth
of
them
who
be
attainted
by
Outlarie
,
And
therefore
if
a
prisoner
after
he
hath
pleaded
not
guilty
be
convicted
by
verdict
that
be
killed
a
man
Se
defendendo
,
Stamford
.
fo.
74.
that
a
writ
shall
issue
to
the
Sheriffe
to
baile
him
.
26.
The
same
reason
seemeth
to
hold
if
a
man
be
indicted
of
homicide
(
before
the
Coroner
)
yet
See
22.
Ass.
p.
94.
Br.
Cor.
90.
that
such
are
baileable
as
are
indicted
before
the
Coroner
but
of
Manslaughter
,
and
so
is
the
common
practise
at
this
day
.
27.
Also
a
man
convicted
of
felony
remaineth
in
prison
,
and
after
obtaineth
the
K.
pardon
,
the
Iust.
of
gaole
delivery
may
baile
him
till
the
next
gaole
delivery
,
that
he
may
then
come
with
his
pardon
and
plead
it
2.
E.
6.
Br.
Manip
.
94.
28.
See
more
in
Br.
Mainp.
6.
9.
22.
54.
64.
&
97.
29.
If
a
man
be
accessary
to
two
,
30.
In
felony
if
the
principall
dye
in
prison
;
or
be
attainted
of
another
felony
the
accessary
shall
be
bailed
,
F.
Coro
.
378.
Br.
Mainp.
91.
31.
Also
the
said
statute
of
Westm.
1.
cap.
15.
doth
no
more
restraine
the
principals
(
to
be
bailed
)
then
the
accessaries
in
those
cases
where
the
same
statute
doth
not
prohibite
to
let
to
Mainprise
,
Stamf.
74.
Br.
61.
75.
&
97.
Westminst.
1.
by
the
Iustices
of
peace
or
by
the
Sheriffe
,
but
the
Iustices
of
the
Kings
Bench
doe
use
to
baile
them
for
they
are
not
restrained
neither
by
the
common
Law
nor
by
the
said
statute
,
32.
Those
that
be
charged
with
(
or
guilty
of
)
any
Trespasse
that
toucheth
not
losse
of
life
,
nor
member
,
be
baileable
by
the
statute
of
Westm.
1.
15.
before
they
be
convicted
.
But
yet
let
the
Iustice
of
peace
have
a
Care
that
baile
be
not
prohibited
by
any
other
latter
statute
(
in
such
cases
of
Trespasse
.
)
33.
If
any
person
be
committed
to
prison
,
Fitz.
250.
g.
h.
i.
&
251.
c.
34.
If
proces
from
the
Sessions
shall
goe
forth
upon
any
indictment
of
Trespasse
,
35.
Also
if
a
man
be
arrested
by
force
of
any
proces
,
writ
,
bill
,
or
warrant
,
in
any
action
personall
,
the
Iustices
of
peace
are
not
to
baile
him
.
36.
Persons
condemned
in
any
of
the
Kings
Courts
,
and
by
vertue
thereof
committed
to
prison
.
And
persons
being
in
execution
upon
any
statute
or
recognisance
,
&c.
at
the
suit
of
any
person
the
Iu.
of
P.
are
not
to
baile
any
such
.
West
.
1.
38.
Note
that
a
man
cannot
become
an
Approver
,
before
a
Iustice
of
peace
;
39.
Againe
,
the
statute
of
23.
H.
6.
c.
10.
taketh
away
baile
from
all
such
as
be
in
prison
by
condemnation
,
execution
,
Capias
utlagatum
,
excommunication
,
surety
for
the
peace
,
or
by
the
speciall
commandement
of
any
Iustice
prohibiting
that
such
be
not
bailed
,
either
by
the
Sheriffe
,
or
other
officer
or
minister
.
40.
There
be
divers
other
statutes
which
doe
take
away
baile
from
the
offendours
thereof
,
and
that
not
onely
upon
their
solemne
conviction
after
publick
hearing
,
triall
,
and
judgement
,
but
also
upon
the
record
of
one
or
two
Iustices
of
peace
,
or
by
private
examination
,
and
confession
of
the
offendour
,
or
proofe
of
witnesses
,
or
such
other
private
tryall
,
had
before
the
Iustices
of
peace
out
of
their
Sessions
,
most
of
which
I
have
here
set
downe
,
whereof
the
Iustices
of
the
peace
(
as
I
said
before
)
are
to
be
carefull
.
1.
No
person
being
imprisoned
or
taken
for
any
of
the
offences
,
or
causes
here-under
mentioned
,
2.
Appellors
,
or
approvers
,
shall
not
be
bailed
.
West
.
1.
cap.
15.
Nor
he
which
is
appealed
by
an
Approver
.
Ibid.
3.
Persons
going
or
riding
armed
contrary
to
the
statute
of
Northhampton
,
and
being
thereof
convict
,
shall
bee
imprisoned
untill
they
have
paid
such
Fyne
as
shall
be
therefore
imposed
upon
them
.
4.
Breakers
of
prison
are
not
baileable
.
Westm.
1.
15.
5.
Surveyors
and
Collectors
,
6.
Burners
of
houses
,
or
Ricks
of
Corne
in
Towne
or
fields
,
7.
Constables
neglecting
to
whip
Trespassers
in
Corne
,
woods
,
or
Orchards
at
the
commandement
of
a
Iustice
of
peace
shall
be
imprisoned
untill
they
have
caused
the
offendour
to
be
whipped
.
8.
Persons
condemned
in
any
of
the
Kings
Courts
,
R.
2.
c.
12.
2.
H.
5.
c.
2.
Fitz.
N.
B.
121.
A.
9.
Conjurers
and
Witches
shall
not
be
bailed
.
10.
Counterfeiters
of
the
Kings
seale
,
or
money
,
are
not
baileable
.
West
.
1.
cap.
15.
11.
Excommunicate
persons
,
12.
Such
persons
as
are
in
execution
upon
any
statute
or
recognizance
,
or
upon
judgement
given
in
the
Kings
Courts
at
the
suit
of
any
person
,
shall
not
bee
bailed
untill
they
have
agreed
with
the
plaintiffe
.
1.
R.
2.
ca.
12.
23.
H.
6.
ca.
10.
Fitz.
N.
Br.
fol.
93.
c.
&
121
a.
13.
Felons
taken
for
murder
are
not
baileable
,
but
if
it
be
but
for
Manslaughter
they
may
be
bailed
.
But
felons
taken
with
the
manner
are
not
baileable
,
Westminster
,
1.
cap.
15.
Or
if
it
bee
apparantly
knowne
that
they
did
the
felony
,
they
are
not
baileable
.
14.
Or
if
they
confesse
the
felony
upon
their
examination
before
the
Iust.
of
P.
Cromp.
152.
B.
Or
if
he
be
a
Thiefe
openly
knowne
,
West
.
1.
15.
Or
if
he
bee
of
evill
fame
by
credible
report
.
Br.
Mainp.
75.
in
all
these
cases
they
are
not
baileable
.
15.
Yet
in
these
former
cases
of
felony
,
if
the
theft
be
not
above
the
value
of
Twelve
pence
,
the
Iustices
of
peace
may
baile
the
prisoner
,
it
being
no
felony
of
death
.
16.
Nor
hee
which
is
convict
,
or
attaint
of
felony
,
is
not
baileable
.
17.
Also
persons
convict
of
Forceible
Entry
,
or
detainer
shall
not
be
bailed
untill
they
have
paid
their
Fyne
,
or
have
found
sureties
by
recognizance
for
payment
thereof
.
18.
Forgers
of
any
deed
,
writing
sealed
,
will
,
or
Court
Roll
,
and
the
assenters
thereto
,
and
the
publishers
thereof
knowing
the
same
,
20.
Maintainers
of
houses
,
or
places
for
any
unlawfull
game
,
and
common
gamesters
,
every
Iustice
of
Peace
seeing
or
finding
any
such
may
imprison
the
offendors
till
they
finde
sureties
by
recognisance
no
more
to
offend
in
the
premises
or
for
their
good
behaviour
,
and
this
he
may
doe
by
the
common
Law
,
and
by
the
first
Assignavimus
of
the
Commission
of
the
peace
,
and
the
offendours
shall
not
be
bailed
without
finding
such
bonds
.
22.
Hunting
,
if
any
lay
man
not
having
in
lands
40.
s.
per
annum
,
Or
if
any
Priest
or
Clerke
,
not
having
10.l
.
living
per
annum
,
shall
keepe
any
hound
,
greyhound
,
or
other
dogge
for
to
hunt
,
or
any
Ferrets
,
hayes
,
nets
,
or
other
engines
to
take
or
destroy
Deare
,
Hare
,
Conyes
,
or
other
Gentlemens
game
,
and
shall
be
thereof
convicted
,
every
such
offendour
shall
be
imprisoned
for
one
whole
yeare
,
and
not
bailed
.
13.
R.
2.
ca.
13.
23.
Reporters
of
false
newes
which
may
cause
discord
betweene
the
King
and
his
people
,
and
spreaders
of
false
newes
or
lyes
of
any
of
the
Peeres
or
great
officers
of
the
Realme
if
they
be
thereof
convicted
shall
be
imprisoned
untill
they
have
brought
him
into
the
Court
who
was
first
author
of
the
tale
,
and
shall
not
be
bailed
,
3.
E.
1.
ca.
33.
2.
R.
2.
ca.
5.
25.
So
in
all
cases
,
where
a
statute
ordaineth
that
an
offendor
shall
be
imprisoned
at
the
Kings
will
and
pleasure
there
the
prisoner
cannot
be
bailed
or
delivered
untill
the
King
hath
signified
his
pleasure
of
him
(
as
if
one
be
imprisoned
for
going
or
riding
armed
contrary
to
the
statute
of
North-hampton
made
Anno
2.
E.
3.
ca.
3.
)
24.
E.
3.
f.
3.
Br.
contempts
6.
26.
And
in
such
cases
the
prisoner
is
to
redeeme
his
liberty
with
some
portion
of
money
as
he
can
best
agree
with
the
King
or
his
Iustices
for
the
same
,
And
so
it
seemeth
the
Iu.
before
whom
such
an
offendour
shall
be
convict
,
may
assesse
such
Fine
or
ransome
,
according
to
their
discretions
,
and
upon
payment
thereof
may
deliver
the
prisoner
out
of
prison
,
for
the
King
signifieth
therein
his
pleasure
by
the
mouths
of
his
Iustices
.
27.
Servants
departing
from
their
masters
without
good
cause
,
and
persons
compellable
to
serve
,
that
upon
request
made
shall
refuse
to
serve
for
the
wages
rated
and
appointed
by
proclamation
and
being
committed
for
that
cause
are
not
baileable
.
28.
Such
persons
as
at
their
proper
Costs
,
shall
buy
,
29.
Persons
taken
for
falsifying
the
Kings
money
shall
not
be
bailed
,
Westm.
1.
ca.
15.
30.
Persons
committing
perjury
by
his
or
their
deposition
in
any
Court
of
Record
,
or
Court
Baron
,
31.
Such
as
offend
against
the
statute
,
2.
Eli.
ca.
●
.
concerning
uniformity
of
common
prayer
,
and
service
in
the
Church
,
See
the
statute
2.
El.
2.
for
in
some
cases
the
offendor
shall
suffer
sixe
moneths
imprisonment
,
in
other
cases
one
whole
yeares
imprisonment
,
and
in
other
cases
imprisonment
during
life
.
32.
Purveyor
(
or
other
officer
)
of
any
noble
man
,
&c.
taking
any
thing
of
any
subject
against
his
will
,
See
ibid.
33.
Riotters
,
attainted
of
great
Riots
shall
have
one
yeares
imprisonment
without
baile
;
34.
Sheriffes
not
making
their
election
of
Knights
for
the
Parliament
in
their
full
County
,
betweene
the
houres
of
8.
and
11.
in
the
forenoone
,
35.
The
defendant
in
a
suit
for
Tithes
,
vid.
tit
.
Tithes
.
36.
Persons
committed
for
any
Treason
touching
the
King
,
they
are
not
baileable
,
Westm.
1.
ca.
15.
37.
Counterfeiters
of
money
,
or
of
the
Kings
seale
,
are
not
baileable
,
Westm.
1.
ca.
15.
Br.
Mainp.
59.
33.
H.
8.
ca.
15.
are
not
to
be
bailed
.
39.
Outlawed
persons
taken
for
the
same
are
not
baileable
,
Westm.
1.
ca
,
15.
&
23.
H.
6.
ca.
10.
40.
Falsifyers
,
or
counterfeiters
of
waights
or
measures
(
after
they
be
indicted
thereof
)
shall
bee
taken
and
imprisoned
without
baile
,
untill
they
be
acquitted
or
attainted
,
and
if
they
be
attainted
,
●hey
shall
remaine
in
prison
untill
they
have
made
Fyne
and
ransome
,
according
to
the
Iust.
discretion
,
9.
H.
5.
8.
Parl.
2.
41.
Witches
and
Sorcerers
being
of
any
of
the
said
offences
lawfully
convicted
are
not
baileable
.
42.
Taking
of
women
unmarried
,
and
under
the
age
of
16
yeares
,
out
of
the
possession
of
their
parents
,
or
other
person
having
lawfully
the
keeping
of
them
,
Bridges
,
Causeys
,
Toghers
and
High-wayes
.
CHAP.
6.
21.
Ed.
4.
46.
fol.
5.
b.
4.
Where
men
are
charged
by
their
Tenure
or
lands
every
owner
or
occupier
of
such
lands
are
to
be
charged
proportionably
to
their
said
lands
.
5.
Such
as
are
chargeable
to
repaire
such
Bridge
may
enter
upon
any
other
mans
land
or
soyle
adjoyning
,
and
may
lay
there
stone
,
43.
Ass.
7.
6.
If
a
man
maketh
a
Bridge
for
easement
to
his
Mill
and
that
dee
ayeth
,
the
party
nor
any
other
shall
be
charged
to
repaire
this
,
7.
But
now
by
a
statute
made
in
Anno.
10.
Caroli
.
ca.
26.
It
is
enacted
that
aswell
the
Iustices
of
Assize
in
their
severall
circuits
;
as
also
the
Iustices
of
peace
in
every
Shire
of
this
Realme
,
Franchise
,
Citty
,
or
Burrough
,
shal
have
power
and
authority
to
enquire
,
heare
,
and
determine
publiquely
in
the
generall
Assizes
or
Sessions
of
the
peace
respectively
,
of
all
maner
of
annoynances
of
Bridges
,
Causeys
,
&
Toghers
,
broken
or
decaied
in
the
high
waies
,
to
the
damage
of
the
Kings
liege
people
.
And
also
of
and
concerning
the
new
building
,
erecting
and
making
of
new
Bridges
,
Causeys
,
and
Toghers
,
broken
or
decayed
in
the
high-wayes
,
to
the
damage
of
the
Kings
liege
people
,
and
also
of
and
concerning
the
new
building
,
erecting
&
making
of
new
Bridges
,
Causeys
,
or
Toghers
,
in
other
places
fit
&
necessary
for
the
fame
,
and
to
make
such
processe
and
peines
upon
every
presentment
afore
them
respectively
,
for
the
reformation
of
the
same
against
such
as
ought
to
be
charged
for
the
making
or
amending
of
such
Bridges
,
Causeys
,
and
Toghers
,
as
the
Kings
Iustices
of
his
Bench
use
commonly
to
doe
,
or
as
it
shall
seeme
by
their
discretions
to
be
necessary
&
convenient
for
the
speedy
amendment
,
erecting
and
making
of
such
Bridges
,
Causeys
,
and
Toghers
,
&
every
or
any
of
them
.
And
where
in
many
parts
of
this
Realme
,
it
cannot
be
knowne
and
proved
what
County
,
Barony
,
Citty
,
Burrough
,
Towne
,
or
parish
,
nor
what
person
certaine
,
or
body
politique
,
ought
of
right
to
make
or
repaire
such
Bridges
,
Causeys
,
or
Toghers
,
by
reason
wherof
such
Bridges
,
Causeys
,
&
Toghers
,
for
lacke
of
knowledge
of
such
as
ought
to
make
or
repaire
them
,
for
the
most
part
lye
without
making
or
repairing
to
the
great
annoyance
of
the
Kings
subjects
.
It
is
further
enacted
that
in
every
such
case
the
said
Bridges
,
Causeys
,
and
Toghers
,
if
they
be
without
Citty
,
or
Towne
corporate
,
shall
be
made
by
the
Inhabitants
of
the
Shire
or
Barony
within
the
which
the
said
Bridges
,
Causeys
,
and
Toghers
shal
happen
to
be
in
decay
,
or
thought
fit
to
be
newly
erected
or
made
.
And
if
within
any
City
,
or
Towne
corporate
which
is
a
County
of
it selfe
,
then
by
the
Inhabitants
of
every
such
City
,
or
Town
corporate
wherein
such
Bridges
,
Causeys
,
&
Toghers
,
or
any
of
them
happen
to
be
in
decay
or
thought
fit
to
be
newly
erected
&
made
,
and
if
within
a
Towne
corporate
which
is
no
County
,
then
by
the
County
or
Barony
wherein
such
Bridges
,
Causeys
,
or
Toghers
shall
happen
to
be
or
thought
fit
to
be
newly
erected
;
and
if
part
of
any
such
Bridges
,
Causeys
,
and
Toghers
,
or
any
of
them
happen
to
be
in
one
County
and
the
other
part
thereof
in
another
County
that
then
in
every
such
case
,
the
Inhabitants
of
both
the
said
Counties
shall
be
charged
,
and
chargeable
to
amend
,
make
and
repaire
such
part
and
portion
of
such
Bridges
,
Causeys
,
&
Toghers
,
or
any
of
them
as
shall
lie
and
be
within
the
limits
of
the
Shire
wherein
they
be
inhabiting
and
dwelling
.
8.
And
it
is
further
enacted
that
in
every
such
case
the
said
Iustices
of
Assise
in
their
Circuits
,
and
the
said
Iustices
of
the
peace
in
the
Quarter
Sessions
respectively
,
with
the
assent
of
the
Grand
Iury
,
shall
have
power
and
authority
to
taxe
and
set
every
Inhabitant
in
any
such
County
,
Barony
,
Citty
,
Burrough
,
Towne
,
or
parish
,
within
the
limits
of
their
Commissions
and
authorities
,
to
such
reasonable
aide
and
summe
of
money
as
they
shall
thinke
by
ther
discretions
convenient
and
sufficient
,
for
the
new
building
,
repairing
,
re-edifying
and
amendment
of
such
Bridges
,
Causeys
,
and
Toghers
,
and
after
such
taxations
made
,
the
Iustices
of
Assize
,
and
Iustices
of
peace
respectively
,
shall
cause
the
names
and
summes
of
every
particular
person
so
by
them
taxed
to
be
written
in
a
Rolle
indented
,
and
shall
also
have
power
and
authority
to
make
two
Collectors
of
every
Barony
,
Citty
,
Burrough
,
Towne
,
or
Parish
,
for
collection
of
all
such
summes
of
money
by
them
set
and
taxed
,
with
Collectors
receiving
the
one
part
of
the
said
Rolle
indented
,
under
the
seales
of
the
said
Iustices
shall
have
power
and
authority
to
collect
and
receive
all
the
particular
summes
of
money
therein
contained
,
and
to
distraine
every
such
Inhabitants
as
shall
be
taxed
and
refuse
payment
thereof
in
his
lands
,
goods
,
and
Chattells
,
and
to
sell
such
distresse
,
and
of
the
sale
thereof
,
retaine
and
perceive
all
the
money
taxed
and
the
residue
(
if
the
distresse
be
better
)
to
deliver
to
the
owner
thereof
:
And
that
the
same
Iustices
of
Assize
,
and
Iustices
of
the
peace
respectively
,
within
the
limits
of
their
Commissions
and
authorities
,
shall
also
have
power
and
authority
to
name
and
appoint
two
Surveyors
which
shall
see
every
such
Bridge
,
Causey
,
and
Togher
builded
,
repaired
,
and
amended
from
time
to
time
,
as
often
as
need
shall
require
,
to
whose
hands
the
said
Collectors
shall
pay
the
said
summes
of
money
taxed
,
and
by
them
received
:
And
that
the
Collectors
,
and
Surveyors
,
and
every
of
them
and
their
Executors
,
and
administrators
,
and
the
Executors
,
and
administrators
of
them
and
every
of
them
from
time
to
time
,
shall
at
the
publique
Sessions
of
the
peace
,
make
a
true
declaration
and
accompt
to
the
Iustices
of
peace
of
the
Shire
,
Citty
,
or
Towne
corporate
,
wherein
they
shall
be
appointed
Collectors
,
or
Surveyors
,
of
the
receipts
,
payments
and
expences
of
the
said
summes
of
money
.
And
if
they
or
any
of
them
,
refuse
that
to
doe
,
that
then
the
Iustices
of
the
peace
from
time
to
time
by
their
discretions
,
shall
have
power
and
authority
to
make
processe
against
the
said
Collectors
,
and
Surveyors
,
and
every
of
them
their
Executors
,
and
administrators
,
and
the
Executors
,
and
administrators
of
every
of
them
by
Attachments
under
their
seales
,
returneable
at
the
generall
Sessions
of
the
peace
;
And
if
they
appeare
,
then
to
compell
them
to
accompt
as
is
aforesaid
,
or
else
if
they
or
any
of
them
refuse
that
to
doe
,
then
to
commit
such
of
them
as
shall
refuse
toward
,
there
to
remaine
without
baile
or
mainprise
,
till
the
said
declaration
and
accompt
be
truely
made
.
9.
And
lastly
it
is
enacted
by
the
said
statute
,
that
the
Iustices
of
Assize
,
and
Iustices
of
the
peace
respectively
,
shall
have
full
power
and
authority
to
allow
such
reasonable
costs
and
charges
to
the
said
Surveyors
,
and
Collectors
,
as
by
their
discretions
shall
be
thought
convenient
.
10.
Now
concerning
high-wayes
,
although
by
the
ancient
common
Law
,
every
Country
ought
to
maintaine
and
repaire
wayes
and
passages
betweene
Market
Townes
,
yet
for
the
better
performance
thereof
,
diverse
ancient
statutes
have
beene
made
,
viz.
the
statute
of
Winchester
in
the
time
of
E.
1.
whereby
it
is
ordained
that
the
wayes
should
be
so
inlarged
that
no
bushes
should
be
within
200.
foote
,
and
the
statute
of
11.
Iacobi
ca.
7.
11.
And
the
said
Constables
and
Churchwardens
shall
also
then
name
and
appoint
sixe
dayes
for
the
amendment
and
clearing
of
the
said
high-wayes
,
cashes
and
paces
in
the
said
severall
parishes
before
the
feast
of
Saint
Iohn
Baptist
then
next
following
,
and
shall
openly
in
the
Church
the
next
Sunday
after
Easter
,
give
notice
of
the
same
sixe
dayes
,
and
upon
the
said
dayes
the
parishioners
shall
endeavor
themselves
to
the
amendment
and
cleering
of
the
said
wayes
,
cashes
and
paces
,
and
shall
be
chargeable
thereunto
as
followeth
,
that
is
to
say
all
and
every
person
,
or
persons
for
every
plow
land
in
tillage
or
pasture
that
hee
,
shee
,
or
they
,
shall
occupie
in
the
same
parish
,
and
all
and
every
other
person
or
persons
keeping
therein
a
draught
or
plow
shall
finde
and
send
at
every
day
and
place
to
bee
appointed
for
the
amendment
of
the
high-wayes
in
that
parish
,
as
is
aforesaid
,
one
Wayne
,
or
Cart
,
furnished
after
the
custome
of
the
Country
with
Oxen
,
horses
,
or
other
Cattell
,
and
all
other
necessaries
meete
to
carrie
things
convenient
for
that
purpose
,
and
also
two
able
men
with
the
same
,
upon
paine
of
every
draught
making
default
,
twenty
shillings
.
12.
And
at
every
day
and
place
to
bee
appointed
for
the
mending
of
the
Cashes
and
clearing
of
the
said
paces
two
able
persons
furnished
with
necessarie
tooles
for
that
purpose
,
upon
paine
of
every
default
ten
shillings
,
and
every
housholder
,
and
every
cottier
and
labourer
of
that
parish
able
to
labour
,
and
being
no
hired
servant
by
the
yeare
,
shall
by
themselves
or
one
sufficient
labourer
,
for
every
of
them
upon
every
of
the
said
sixe
dayes
,
worke
and
travell
in
the
amendment
of
the
said
high-wayes
,
Cashes
,
or
paces
,
upon
paine
of
every
person
making
default
,
to
lose
for
every
day
two
shillings
.
13.
And
if
the
carriages
of
the
parish
,
or
any
of
them
shall
not
be
thought
needfull
by
the
supervisors
to
bee
occupyed
upon
any
of
the
said
dayes
for
the
amendment
of
the
said
high-wayes
,
that
then
every
such
person
that
should
have
sent
any
such
carriage
,
shall
send
to
the
said
worke
for
every
carriage
so
spared
,
two
able
men
there
to
labour
for
that
day
upon
paine
to
lose
for
every
man
,
not
so
sent
to
the
said
worke
,
two
shillings
.
14.
And
every
person
and
carriage
abovesaid
shall
bring
with
them
such
Shovels
,
Spades
,
Pickaxes
,
Mattocks
,
Axes
and
other
Tooles
and
instruments
as
shall
be
necessarie
for
the
said
worke
,
and
all
and
every
the
said
persons
and
carriages
shall
doe
and
keep
their
worke
as
they
shall
be
appointed
by
the
said
supervisors
,
or
one
of
them
,
eight
houres
of
every
the
said
dayes
,
unlesse
they
shall
bee
otherwise
licenced
by
the
supervisors
or
one
of
them
.
15.
And
further
,
that
it
shall
and
may
be
lawfull
to
all
and
singular
supervisor
,
and
supervisors
,
and
Orderers
of
the
said
worke
for
the
time
being
,
for
the
amendment
of
the
said
high-wayes
and
Cashes
,
thereunto
elected
and
appointed
as
aforesaid
,
for
the
better
repairing
and
amendment
of
the
high-wayes
,
and
making
of
Cashes
in
their
severall
parishes
and
limits
,
where
they
shall
be
so
made
supervisors
,
if
it
shall
so
to
them
be
thought
necessary
,
to
take
and
carry
away
of
the
rubbish
or
small
broken
stones
of
any
quarrie
or
quarries
,
and
to
cut
and
carrie
away
any
underwoods
,
growing
,
lying
or
being
within
the
parish
where
they
shall
be
supervisors
without
lycence
,
controlement
or
impeachment
of
the
owners
or
owner
,
so
much
as
by
their
discretion
shall
bee
deemed
and
adjudged
necessary
to
the
amendment
of
the
said
wayes
and
Cashes
,
the
owners
of
the
said
underwoods
notwithstanding
to
be
paid
for
the
same
by
the
parishes
,
as
the
same
shall
be
valued
by
the
said
supervisors
,
and
that
for
default
of
any
quarry
or
quarries
,
not
being
within
their
said
parish
or
limits
,
or
in
default
of
rubbish
not
to
be
found
in
any
such
quarry
or
quarries
,
it
shall
and
may
be
lawfull
to
any
such
supervisors
or
supervisor
for
the
use
aforesaid
,
in
the
severall
grounds
of
any
person
or
persons
being
within
the
parish
and
limits
where
they
shall
be
supervisors
,
and
nigh-adjoyning
to
the
way
or
wayes
wherein
such
reparations
shall
be
thought
necessary
to
be
made
,
where
gravell
,
sand
,
or
sinders
,
is
likely
to
be
found
to
digge
or
cause
to
be
digged
for
gravel
,
sand
,
or
sinders
,
&
likewise
to
gather
stones
lying
upon
any
lands
or
grounds
within
the
parish
,
and
meete
to
be
used
to
such
services
and
purposes
,
and
thereof
to
take
and
carry
away
so
much
as
by
the
discretion
of
the
said
supervisors
shall
be
thought
necessary
to
bee
applied
in
the
amendment
of
the
said
high-wayes
.
16.
Provided
alwayes
that
it
shall
not
be
lawfull
to
any
such
supervisor
or
supervisors
to
cause
any
rubbish
to
be
digged
out
of
any
quarry
or
quarries
,
but
onely
shall
extend
to
such
rubbish
as
shall
be
found
there
ready
digged
by
the
owner
or
owners
of
the
said
quarry
or
quarries
,
or
otherwise
by
his
or
their
lycence
and
commandement
,
nor
to
digge
or
cause
to
be
digged
any
gravell
,
sand
or
sinder
in
the
house
,
garden
,
Orchard
,
or
medow
,
of
any
person
or
persons
,
nor
to
cause
any
more
pits
to
be
digged
for
gravell
in
any
severall
or
inclosed
ground
then
one
onely
;
and
that
the
same
pit
or
hole
so
digged
for
gravell
,
as
aforesaid
,
shall
not
bee
any
way
in
breadth
and
length
above
ten
yards
at
the
most
,
and
every
such
supervisor
as
shall
cause
any
such
pit
to
be
made
and
digged
for
gravell
,
sand
or
sinder
,
as
aforesaid
,
shall
within
one
moneth
next
after
any
such
digging
,
or
pit
made
,
cause
the
same
to
bee
filled
and
stopped
up
with
earth
,
at
the
costs
and
charges
of
the
parishioners
,
upon
paine
to
forfeit
to
the
owner
,
or
owners
of
the
soile
where
any
such
pit
shall
be
made
and
digged
,
for
every
default
five
pounds
to
be
recovered
by
action
of
debt
,
as
in
other
like
cases
of
debt
have
beene
accustomed
.
17.
And
forasmuch
as
the
high-wayes
in
sundry
places
of
this
Realme
are
full
of
Bogges
,
continuall
springs
,
of
water-courses
,
by
continuall
increase
and
sinking
whereof
into
the
ground
,
the
said
wayes
are
not
onely
deepe
and
verie
dangerous
,
but
also
for
the
most
part
impossible
to
be
amended
and
repaired
in
any
good
and
sufficient
manner
,
it
is
therefore
further
enacted
that
every
such
supervisor
or
supervisors
shall
within
the
parish
or
limits
where
he
or
they
shall
be
supervisors
,
have
full
power
,
and
authoritie
,
to
make
Cashes
of
such
Bogges
,
and
to
turne
any
such
course
or
spring
of
water
being
in
any
of
the
said
high-wayes
,
into
any
ditch
or
ditches
of
the
severall
ground
or
soyle
of
any
person
or
persons
whatsoever
,
next
adjoyning
to
the
said
wayes
,
in
such
manner
and
forme
as
by
the
discretions
of
the
said
supervisors
shall
be
thought
meetest
and
most
convenient
.
18.
And
further
also
,
that
the
hayes
,
fences
,
ditches
or
hedges
next
adjoyning
,
on
either
side
,
to
any
high
or
common
or
Fairing
way
,
shall
from
time
to
time
be
ditched
,
scoured
,
repaired
,
and
kept
low
,
and
all
Trees
and
Bushes
growing
in
the
high-wayes
,
or
paces
cut
downe
by
the
owner
or
owners
of
the
ground
or
soyle
,
which
shall
bee
enclosed
with
the
said
hayes
,
Fences
,
ditches
or
hedges
aforesaid
,
whereby
the
said
wayes
may
be
open
,
and
the
people
have
more
ready
and
easie
passage
in
the
same
,
upon
paine
that
all
and
every
person
and
persons
making
default
therein
shall
forfeit
and
loose
Twenty
pounds
.
19.
And
it
is
further
enacted
that
all
and
every
person
or
persons
that
shall
occupy
or
plow
land
in
tillage
,
or
pasture
,
lying
or
being
in
severall
parishes
shall
be
chargeable
to
the
making
of
the
high
wayes
and
Cashes
:
and
cutting
or
clearing
of
Paces
within
the
parishes
where
he
dwelleth
,
as
farre
forth
and
in
such
manner
and
forme
,
as
any
person
having
a
plow-land
in
any
parish
ought
to
be
chargeable
by
the
said
Act
as
aforesaid
:
and
that
every
person
or
persons
occupying
or
keeping
in
his
or
their
hand
,
or
possession
,
severall
or
divers
plow-lands
,
as
aforesaid
,
in
severall
or
divers
parishes
,
shall
be
charged
to
finde
in
each
parish
,
where
the
plow-lands
being
in
his
occupying
doe
lye
,
one
Cart
,
Waine
,
Tumbrell
,
Dungpot
,
or
Courtslad
,
Carres
,
or
drags
furnished
,
and
two
men
and
other
things
as
before
,
for
the
amendment
and
repairing
of
the
high-wayes
,
making
of
Cashes
,
and
cleering
of
Paces
within
the
severall
parishes
where
the
said
plow-lands
doe
lye
,
in
such
manner
and
forme
as
if
hee
,
or
they
were
a
parishioner
dwelling
within
the
parishes
where
the
same
severall
plow-lands
doe
lye
.
And
for
the
better
keeping
of
the
high-wayes
passable
for
his
Majesties
subjects
:
It
is
likewise
enacted
that
no
person
or
persons
having
any
ground
by
lease
or
otherwise
,
adjoyning
to
any
high-way
or
common
fairing
way
leading
to
any
market
Towne
shall
cast
or
scoure
any
ditch
,
and
throw
and
lay
the
soyle
thereof
into
the
high
way
,
and
suffer
it
to
lye
there
by
the
space
of
sixe
moneths
,
to
the
annoyance
of
the
said
high
way
or
common
fairing
way
,
upon
paine
of
forfeiture
for
every
load
of
soyle
,
so
cast
into
the
high
way
or
common
fairing
way
,
in
ditching
or
scouring
,
twelve
pence
:
and
where
any
heretofore
have
beene
so
cast
into
the
high-wayes
,
or
common
fairing
way
,
that
there
is
a
banke
betweene
the
said
way
and
ditch
,
that
it
shall
be
lawfull
for
the
supervisors
and
workemen
appointed
for
the
amendment
of
the
said
high-wayes
to
make
sluces
,
or
other
devices
by
their
discretions
to
convay
the
water
out
of
the
said
way
into
the
ditch
,
any
Law
,
right
,
interest
,
custome
,
or
usage
notwithstanding
.
20.
And
it
is
further
enacted
that
all
and
every
Iustices
of
Assise
,
Iustices
of
Oyer
,
and
Terminer
,
and
Iustices
of
the
peace
,
in
their
Sessions
and
Stewards
of
Lectes
and
Law
dayes
in
their
Leetes
,
and
Law
dayes
,
shall
enquire
of
,
and
heare
and
determine
all
and
every
offence
,
matter
and
cause
that
shall
grow
,
come
or
arise
by
reason
of
this
Statute
,
and
to
assesse
such
reasonable
Fines
and
amerciaments
for
the
same
as
by
them
shall
be
thought
meete
,
and
that
all
and
every
penalty
,
summe
or
summes
of
money
forfeited
,
or
to
be
imposed
for
any
cause
within
this
Statute
,
shall
be
levied
within
every
parish
by
the
Surveyors
of
the
wayes
within
that
parish
for
the
time
being
,
by
distresse
and
sale
of
distresses
in
manner
and
Forme
as
Fines
and
amerciaments
in
Leets
have
beene
used
,
and
the
money
so
levyed
to
be
imployed
upon
the
high-way
or
common
fairing
way
where
the
offence
was
committed
within
one
yeare
,
and
the
said
Surveyors
shall
at
least
once
every
yeare
at
the
quarter
Sessions
to
be
holden
for
the
said
County
make
a
true
Accompt
before
the
Iustices
of
peace
there
,
or
any
two
of
them
,
whereof
one
to
be
of
the
Quorum
,
and
shall
make
payment
of
all
such
summ●
of
mony
to
the
Surveyors
to
be
appointed
for
the
yeare
next
following
as
he
or
they
shall
have
collected
upon
the
Estreares
thereof
to
be
made
unto
them
,
upon
paine
to
forfeit
for
every
time
hee
shall
not
so
doe
;
forty
shillings
sterl.
and
to
be
committed
untill
they
make
payment
thereof
,
and
the
Clerke
of
the
Crowne
,
or
of
the
peace
,
and
the
Steward
of
every
Leete
shall
make
estreate
indented
,
of
all
the
Fines
,
forfeitures
and
amerciaments
upon
the
said
defaults
,
and
shall
deliver
the
one
part
thereof
to
the
Surveyors
of
every
parish
where
the
said
offence
was
committed
yearely
within
Six
weekes
after
the
Feast
of
Saint
Michael
the
Archangell
,
and
the
said
Surveyors
upon
their
accompt
shall
have
allowed
for
every
pound
they
shall
collect
and
pay
Eight
pence
for
his
owne
paines
and
12.
d.
English
for
the
Fees
of
the
Clerke
of
the
Crowne
,
Clerke
of
the
Peace
,
or
Steward
of
the
Leete
for
the
estrates
indented
of
every
severall
parish
that
they
shall
deliver
,
as
is
aforesaid
.
21.
Note
that
the
Kings
high
way
,
(
or
Regia
vid
)
loading
either
to
the
Market
,
or
from
towne
to
towne
,
the
freehold
and
soile
thereof
,
and
the
interest
of
all
the
trees
and
other
such
profit●
thereupon
growing
,
doe
belong
to
the
Lord
of
the
soile
,
or
Lord
of
the
Mannor
,
17.
Ed.
3.
fol.
9.
Br.
Chimin
.
1●
.
●1
.
&
●7
.
H.
6.
fol.
9.
Br.
Leete●
.
And
therefore
such
Lords
are
chargeable
to
cut
downe
the
Trees
and
bushes
growing
in
such
high-wayes
,
and
yet
by
the
opinion
of
Keble
,
8.
H.
7.
fol.
5.
the
freehold
of
the
high-way
,
and
the
Trees
thereupon
growing
are
belonging
to
him
that
hath
the
land
next
adjoyning
,
Br.
Nusans
18.
but
it
seemeth
this
must
be
understood
of
common
field
wayes
,
or
other
private
wayes
,
and
not
of
the
Kings
high-way
.
See
●
.
Ed.
4.
fol.
9.
&
Britton
.
fol.
111.
22.
Note
also
that
he
which
hath
land
adjoyning
next
to
the
K.
high-way
,
by
the
common
Law
(
before
these
statutes
)
was
and
is
chargeable
and
bound
of
common
right
,
to
clense
and
scoure
the
ditches
adjoyning
to
the
said
high-way
.
8.
H.
7.
fol.
1.
A.
Br.
Nasanus
28.
23.
And
it
is
called
the
Kings
high-way
,
for
that
the
King
at
all
times
,
hath
therein
passage
for
himselfe
and
all
his
people
,
and
may
punish
all
Nufans
therein
,
though
otherwise
the
interest
thereof
be
in
the
Lord
,
to
take
all
the
Trees
and
such
other
profits
there
growing
and
to
bring
his
Action
for
digging
therein
,
or
for
any
other
like
Trespasse
there
done
.
24.
Cloth
.
CHAP.
7.
EVery
Iustice
of
peace
may
examine
and
punish
certaine
abuses
concerning
the
making
of
cloth
,
as
appeareth
by
a
Branch
of
a
statute
made
in
Anno
4.
E.
4.
ca.
1.
which
branch
followeth
in
these
words
,
viz.
1.
Therefore
it
is
ordeined
and
established
by
the
authority
aforesaid
that
every
man
and
woman
being
cloth-makers
2.
And
that
every
Fuller
3.
And
that
every
Iustice
of
peace
for
the
time
being
,
of
every
County
of
this
Realme
throughout
the
same
County
,
out
of
Cities
,
Burroughes
,
and
Townes
where
any
Maior
,
Maister
,
Warden
,
bailiffe
,
or
bailiffes
is
or
be
,
and
every
Maior
,
where
there
is
no
maister
,
and
every
maister
where
there
is
no
Maior
,
and
every
bailiffe
or
bailiffes
,
where
there
is
no
Maior
nor
maister
,
and
every
Portreve
,
where
no
Maior
,
maister
,
bailiffe
nor
bailiffes
is
or
be
,
of
every
City
Burgh
and
Towne
within
every
such
County
aforesaid
,
and
every
Constable
of
hundred
where
any
Constable
of
hundred
is
out
of
every
Citty
,
Burgh
,
and
Towne
,
where
any
Maior
,
Maister
,
Bailiffe
or
Bailiffes
,
or
portrives
is
or
be
.
And
every
Steward
keeping
or
holding
Wapentake
or
Leete
of
any
person
,
out
of
City
,
Burgh
,
or
Towne
,
where
no
Maior
,
Maister
,
bailiffe
,
or
bailiffes
,
or
portreves
is
or
be
,
shall
have
power
and
authority
by
this
ordinance
to
heare
and
determine
the
Complaints
of
every
such
cloth-maker
and
labourer
,
aswell
for
non
payment
of
the
said
labourers
wages
,
as
of
the
said
forfaiture
and
damages
by
due
examination
of
the
parties
in
this
behalfe
thereupon
,
for
non
payment
of
the
said
duties
and
forfaiture
,
and
for
the
said
damages
to
commit
the
said
offendors
in
this
behalfe
to
the
next
gaole
within
the
same
County
there
to
remaine
till
the
said
duties
,
forfaitures
and
damages
be
duely
paid
to
the
said
labourer
or
cloth-maker
.
And
also
that
every
of
the
said
Iustices
of
P.
Maior
,
Maister
,
Warden
,
bailiffe
,
or
bailiffes
,
portreve
,
and
steward
or
Wapentake
and
Leete
upon
the
information
or
complaint
of
any
other
person
,
which
is
not
grieved
in
this
behalfe
,
shall
have
power
by
the
said
authoritie
within
his
jurisdiction
to
cause
the
party
to
come
before
him
,
against
whom
such
Information
or
complaint
shall
be
made
for
offending
this
ordinance
,
and
to
examine
them
in
and
upon
the
matter
contained
in
the
same
information
or
complaint
.
And
if
the
party
by
examination
or
other
due
proofe
be
found
guilty
or
defective
,
that
then
the
same
party
,
as
often
and
for
every
time
that
he
is
so
found
guilty
or
defective
shall
forfeite
to
the
King
or
to
such
person
or
persons
which
is
or
be
intituled
,
to
have
fines
,
or
amerciaments
for
offences
done
within
there
Iurisdiction
three
shillings
and
foure
pence
.
And
that
every
of
the
said
Iustices
of
peace
and
other
officers
aforesaid
within
their
Iurisdiction
upon
every
of
the
said
Informations
or
complaints
shall
have
full
power
to
make
like
proces
against
the
party
,
upon
whom
any
such
Information
or
complaint
,
as
before
is
rehearsed
,
shal
be
made
to
cause
him
personally
to
appeare
before
him
,
thereupon
to
be
examined
as
Iustices
of
peace
have
upon
Information
or
complaint
made
to
them
for
surety
of
the
peace
without
any
Fee
or
reward
to
be
taken
or
had
by
any
of
the
said
Iustices
or
any
other
officer
in
this
party
for
the
execution
of
their
offices
in
this
behalfe
.
Constables
.
CHAP.
8.
1.
EVery
Iustice
of
peace
may
cause
two
Constables
to
be
chosen
in
each
hundred
or
barony
.
And
this
is
to
be
understood
of
the
high
Constables
of
hundreds
,
and
it
is
implyed
of
congruence
that
he
sweare
them
,
Ed.
1.
and
of
the
first
Assignavimus
of
the
Commission
of
the
peace
.
2.
Winchester
,
tempore
Ed.
1.
And
they
were
to
make
view
of
armour
twice
every
yeare
,
and
to
present
before
Iustices
assigned
,
defaults
of
Armour
,
of
Watches
,
of
high-waies
,
and
of
Huy
and
Cry
,
and
also
all
such
as
lodged
strangers
,
for
whom
they
would
not
answere
.
3.
E.
3.
as
appeareth
by
Master
Lambert
,
in
his
booke
of
the
duties
of
Constables
,
pag.
9.
4.
The
chusing
and
swearing
of
these
petty
Constables
is
reputed
properly
to
belong
to
the
Court
Leet
:
5.
And
here
for
the
better
chusing
of
these
Constables
,
you
shall
understand
that
the
law
requireth
that
every
Constable
be
Idoneus
homo
,
1.
Honestie
,
to
execute
his
office
truely
without
malice
,
affection
or
partialitie
.
2.
Knowledge
,
to
understand
what
he
ought
to
doe
.
3.
Ability
,
aswell
in
substance
or
estate
as
in
body
,
that
so
he
may
intend
and
execute
his
office
diligently
,
and
not
through
impotency
of
body
or
want
to
neglect
the
place
.
6.
And
if
any
shall
be
chosen
Constable
which
is
not
thus
inabled
and
qualified
,
he
may
by
Law
be
discharged
of
his
said
office
,
and
another
fit
man
appointed
in
his
place
.
7.
Also
by
a
statute
made
in
Ireland
in
the
fifth
yeare
of
the
Raigne
of
King
Edward
the
fourth
,
it
is
ordained
that
in
every
English
Towne
of
this
land
that
hath
more
then
three
houses
holden
by
Tenants
,
where
no
other
president
is
,
be
chosen
by
his
neighbours
,
or
by
the
Lord
of
the
same
Towne
,
one
Constable
to
be
president
and
governour
of
the
same
Towne
,
8.
Also
by
a
statute
made
in
Ireland
in
the
tenth
yeare
of
King
Henry
the
seventh
it
is
ordained
,
That
every
subject
having
goods
and
Chattels
to
the
value
of
Ten
pounds
,
have
an
English
Bow
and
a
sneafe
of
Arrowes
according
,
every
subject
having
goods
to
the
value
of
20.
l.
have
a
Iacke
,
Sallet
,
and
English
Bow
,
and
a
sheafe
of
arrowes
,
every
Freeholder
having
land
to
the
value
yearely
of
foure
pounds
,
have
his
horse
,
Iacke
,
Sallet
,
Bow
and
Sheafe
of
Arrowes
,
every
Lord
,
Knight
,
and
Esquire
within
the
said
land
have
for
every
yeoman
daily
in
their
houshold
,
Iacke
,
Salet
,
Bow
,
and
Arrowes
,
to
the
intent
that
all
the
Commons
of
the
said
land
may
be
able
to
doe
the
King
or
his
Lievetenant
service
for
their
owne
defence
and
suretie
,
And
that
if
the
foresaid
persons
or
any
of
them
doe
not
observe
and
performe
the
premises
,
as
it
is
before
specified
,
that
then
they
and
every
of
them
doe
forfeit
to
the
King
6.
s.
8.
d.
as
often
times
as
they
and
every
of
them
shall
offend
the
foresaid
ordinance
:
And
likewise
that
there
be
in
every
Barony
within
every
Shire
of
the
said
land
two
Wardens
of
peace
having
authority
,
as
it
hath
been
used
of
old
time
,
and
in
every
parish
Constables
of
able
persons
,
inhabitants
within
the
said
parishes
,
and
a
paire
of
Buts
to
be
had
within
every
of
the
foresaid
parishes
,
at
the
cost
of
the
said
parishioners
,
that
the
Commons
of
the
said
land
may
the
sooner
attaine
the
practise
and
experience
of
Archers
,
And
that
the
foresaid
Constables
in
every
parish
upon
paine
of
forfeiture
of
12.
d.
at
every
default
,
doe
call
before
them
or
one
of
them
every
holy
day
all
and
every
of
the
foresaid
persons
,
having
Bowes
and
Arrowes
,
as
afore
is
rehearsed
,
Felonie
.
CHAP.
9.
1.
EVery
Iustice
of
peace
by
force
of
the
first
Assignavimus
of
the
Commission
may
cause
fresh
suite
Huy
and
Cry
,
and
search
to
be
made
by
the
Sheriffe
,
bailiffes
,
Constables
,
and
others
,
upon
any
Treason
,
robbery
,
theft
,
or
other
felony
,
and
also
may
cause
the
Constables
to
arrest
and
to
imprison
all
such
as
shall
be
suspected
of
such
Treason
or
felony
,
or
to
be
Theeves
,
Murderers
,
or
Felons
.
2.
Also
every
Iustice
of
peace
may
and
must
take
the
examination
of
all
such
felons
or
persons
suspected
of
treason
or
felony
as
shall
be
brought
before
him
,
3.
The
Iustice
of
peace
that
taketh
the
examinations
must
by
recognisance
binde
the
Informers
that
doe
declare
any
thing
materiall
to
prove
the
felony
or
treason
,
to
appeare
and
give
evidence
against
the
felon
at
the
next
generall
gaole
delivery
,
to
be
holden
within
the
County
,
City
,
or
Towne
corporate
,
where
the
triall
of
the
said
offence
shall
be
.
E.
3.
2.
34.
Ed.
3.
1.
&
17.
R.
2.
10.
have
authority
to
heare
and
determine
all
felonies
;
for
the
words
of
the
Commission
to
that
purpose
are
,
Audiendum
&
terminandum
,
&
ad
delinquentes
castigandum
&
puniendum
.
5.
Also
there
be
divers
statutes
which
by
speciall
words
did
ordaine
that
the
Iustices
of
peace
should
have
authority
at
their
generall
quarter
Sessions
to
inquire
of
,
heare
and
determine
certaine
felonies
,
As
the
statutes
18.
H.
6.
19.
and
1.
Ed.
4.
for
felonies
presented
before
Sheriffes
in
their
Turnes
or
law
dayes
.
8.
H.
6.
But
such
offences
are
by
the
same
statute
appointed
to
be
tryed
by
a
Iury
,
whereof
the
one
halfe
shall
be
of
the
men
of
the
same
Courts
,
and
before
the
Iudges
of
the
said
Courts
of
the
one
Bench
,
or
of
the
other
.
H.
6.
and
to
be
tryed
as
aforesaid
,
Br.
Coro
.
174.
9.
Forging
of
any
deed
or
writing
sealed
,
or
of
any
Court
Roll
,
will
or
acquittance
;
Or
to
cause
or
assent
to
be
made
any
such
forged
writing
,
or
to
publish
or
shew
forth
in
Evidence
any
such
forged
writing
,
knowing
the
same
to
be
forged
.
If
any
person
being
once
lawfully
convicted
of
any
of
the
said
offences
,
shall
afterwards
commit
any
the
said
offences
againe
,
El.
ca.
24.
in
England
;
But
by
the
same
statute
such
offences
are
to
be
inquired
of
,
heard
and
determined
by
and
before
Iustices
of
Oyer
and
Terminer
,
and
Iustices
of
Assize
,
which
statute
is
enacted
in
Ireland
in
Anno
28.
El.
ca.
4.
10.
And
therefore
whereas
one
R.
Smith
was
indicted
at
the
S●ssions
of
the
peace
in
the
County
of
Oxford
upon
the
said
statute
of
5.
Elizab.
for
forging
of
a
false
deed
,
it
was
adjudged
by
the
whole
Court
in
the
K.
bench
Anno
30.
11.
The
reason
of
this
last
case
and
Iudgement
seemeth
to
hold
in
the
former
cases
,
and
in
all
other
like
cases
where
any
statute
doth
specially
give
authoritie
to
any
other
distinct
Court
,
or
to
other
Iustices
or
Commissioners
(
leaving
out
the
Iustice
of
peace
)
to
enquire
of
,
heare
and
determine
,
or
to
trie
felons
,
&c.
there
the
Iustices
of
the
peace
at
their
Sessions
cannot
enquire
thereof
,
&c.
12.
Against
servants
imbeazelling
,
or
taking
away
the
goods
of
their
deceased
maister
,
the
executors
of
the
party
deceased
may
have
a
writ
directed
to
the
Sheriffe
to
make
open
proclamation
two
market
dayes
,
that
such
offendours
shall
appeare
in
the
K.
Bench
at
a
certaine
day
,
And
if
such
writ
bee
returned
and
proclamation
is
thereupon
made
accordingly
,
then
if
the
said
persons
which
should
appeare
by
reason
of
the
said
proclamation
,
do
make
default
,
33.
Hen.
6.
So
that
such
offence
of
servants
embeazelling
their
said
masters
goods
,
beginneth
first
to
be
felony
upon
their
default
of
apparance
in
the
Kings
Bench
after
proclamation
;
Of
which
default
the
Iustices
of
peace
cannot
take
notice
,
for
that
they
have
not
before
them
the
record
of
such
default
or
not
appearing
,
and
therefore
the
Iu.
of
P.
cannot
inquire
of
such
felony
.
13.
But
in
the
former
cases
,
if
any
such
offendor
shall
be
brought
before
any
Iust.
of
peace
,
and
charged
with
any
such
felony
,
quare
how
farre
the
Iustice
of
peace
is
to
deale
or
what
he
is
to
doe
therein
,
considering
the
Iustices
of
peace
are
no
Iudges
of
such
felonies
,
neither
have
they
any
Iurisdiction
given
them
by
the
statutes
in
such
cases
.
Neverthelesse
,
I
conceive
it
to
be
both
serviceable
and
safe
for
the
Iustice
of
peace
not
onely
to
examine
the
offence
,
and
the
circumstances
thereof
,
and
then
to
certifie
those
examinations
to
such
persons
as
by
the
statute
are
made
Iudges
of
the
cause
,
but
also
to
commit
such
an
offendour
to
prison
,
10.
Caroli
ca.
18.
in
Ireland
.
14.
Againe
,
if
a
man
had
been
feloniously
stricken
,
poysoned
or
bewitched
in
one
County
,
and
after
dyed
thereof
in
another
County
,
by
the
common
Law
no
Indictment
could
be
thereof
taken
in
either
of
the
said
two
Counties
,
for
that
the
Iurors
of
the
County
where
such
party
dyed
could
not
take
knowledge
of
the
said
stroke
,
poysoning
or
bewitching
,
(
being
in
a
forraigne
County
.
)
Nor
the
Iurors
of
the
County
where
the
stroke
,
poysoning
or
bewitching
was
committed
,
could
not
take
knowledge
of
the
death
in
another
County
:
10.
Caroli
ca.
19.
an
Indictment
thereof
found
by
Iurors
of
the
County
where
the
death
shall
happen
(
whether
it
shall
be
found
before
the
Coroner
,
or
before
Iustices
of
peace
,
or
other
Iustices
,
&c.
shall
bee
good
and
effectuall
in
Law
,
and
that
the
Iustices
of
gaole
delivery
,
and
Oyer
and
Terminer
in
the
same
County
where
such
indictment
shall
bee
taken
shall
and
may
proceede
upon
the
same
,
as
if
such
stroke
,
poysoning
or
bewitching
,
and
death
had
beene
all
in
one
and
the
same
County
.
15.
Also
where
Felons
had
robbed
,
or
stolne
goods
in
one
County
,
and
after
conveyed
the
spoile
,
or
goods
so
stollen
into
another
County
to
their
adherents
there
,
16.
So
as
by
the
letter
of
this
last
recited
statute
the
jurisdiction
over
these
last
recited
felonies
,
and
over
such
Accessaries
is
not
committed
to
the
Iustices
of
peace
to
proceed
to
the
tryall
of
them
;
But
this
authority
is
committed
to
the
Iustices
of
gaole
delivery
or
of
Oyer
and
Terminer
,
yet
the
Iustices
of
peace
may
examine
these
offences
,
and
take
information
against
the
offendors
and
certifie
the
same
to
the
next
generall
gaole
delivery
and
may
bind
over
the
Informers
and
commit
the
offendors
,
Also
the
Iustices
of
peace
may
inquire
thereof
,
and
take
indictments
against
them
as
in
other
cases
of
felony
.
17.
Lastly
the
Iustices
of
peace
(
at
their
Sessions
)
cannot
make
tryall
of
such
as
be
indicted
of
Felonie
,
before
Coroners
or
before
the
Iustices
of
gaole
delivery
or
of
Oyer
and
Terminer
,
unlesse
the
same
persons
(
scilicet
,
the
said
Coroner
,
Iustices
of
Gaole
delivery
,
See
the
statute
1.
Ed.
4.
cap.
2.
for
indictments
taken
in
the
Sheriffes
Tourne
and
for
Indictments
taken
in
a
Leet
.
See
.
Br.
tit
.
Leet
.
1.
18.
But
now
to
returne
to
the
businesse
of
the
Iustices
of
peace
out
of
their
Sessions
.
If
one
shall
bring
a
man
suspected
of
Treason
or
felony
before
any
Iust.
of
P.
but
refuseth
to
be
bound
to
give
Evidence
against
the
prisoner
either
at
the
generall
gaole
delivery
,
or
quarter
Sessions
,
as
the
case
shall
require
,
If
such
bringer
hath
given
Evidence
before
the
said
Iu.
against
the
prisoner
,
or
can
declare
any
thing
materiall
to
prove
the
felony
and
will
not
,
Felonies
by
the
Common
Law
.
CHAP.
10.
1.
FElonies
by
the
Common
Law
are
of
diverse
sorts
,
as
Homicide
,
Burglarie
,
Theft
,
burning
of
houses
,
Rescous
and
escape
.
2.
Homicide
hominis
occisio
ab
homine
facta
,
for
if
a
man
be
killed
by
a
beast
(
as
a
horse
or
dogge
)
or
by
any
other
thing
or
mischance
,
although
that
be
hominis
cedium
of
which
two
words
Homicide
is
derived
,
yet
in
such
cases
it
is
not
aptly
nor
usually
said
that
homicide
is
committed
,
but
onely
a
man
is
said
to
be
slaine
.
3.
Others
doe
thus
defyne
or
describe
it
,
Homicide
is
the
felonious
killing
of
one
man
by
another
within
the
Realme
and
living
under
the
Kings
protection
.
4.
But
to
kill
a
man
beyond
the
Seas
,
or
to
strike
and
give
one
a
mortall
wound
beyond
the
Seas
,
or
upon
the
Sea
,
whereupon
he
dyeth
upon
the
land
(
within
this
Realme
)
these
homicides
are
not
punishable
as
felony
by
the
common
Law
,
for
that
they
cannot
be
inquired
of
nor
tryed
here
,
ubi
quis
delinquit
ibi
punietur
.
But
now
by
a
statute
made
in
10.
Caroli
ca.
19.
it
is
otherwise
,
and
by
that
statute
these
offences
are
felony
,
and
shall
be
tried
here
.
5.
But
whether
he
that
is
slaine
,
be
an
Alien
,
or
a
Denizen
,
an
Englishman
or
stranger
,
it
maketh
no
difference
,
if
he
live
under
the
Kings
protection
.
See
Doct.
&
Student
.
f.
133.
7.
To
kill
the
Kings
enemy
is
no
Felony
,
And
by
the
statute
of
25.
E.
3.
ca.
22.
to
kill
a
man
attainted
upon
a
praemunire
is
not
felony
,
but
by
a
statute
made
in
England
in
5.
El.
ca.
1.
it
is
declared
to
be
Felony
to
kill
one
that
is
attainted
in
a
Praemunire
.
8.
Also
to
kill
a
man
that
hath
abjured
the
realme
,
is
Felony
.
See
Co.
7.
9.
b.
and
the
Doct.
and
Student
,
fol.
133.
9.
Note
that
the
Kings
protection
belongeth
by
the
law
of
nature
to
all
these
,
Homicide
is
threefold
-
Voluntate
,
&
est
duplex
-
Murder
,
-
Manslaughter
or
Chancemedley
.
-
Casu
or
misadventure
,
this
also
is
considerable
after
two
sorts
:
sc.
whether
it
happen
in
doing
a
thing
-
lawfull
or
-
unlawfull
.
-
Necessitate
,
this
is
sometimes
-
1.
Commanded
,
sc.
in
execution
of
Iustice
.
-
2.
Tollerated
,
-
3.
Prohibited
,
-
for
advancement
of
Iustice
.
-
Se
defendendo
.
Ed.
4.
7.
are
that
debts
upon
contract
shall
not
be
forfeited
,
but
Stamford
,
fo.
188.
and
Co.
li.
4.
fo.
95.
resolve
that
debts
upon
contracts
shall
be
forfaited
.
12.
But
he
shall
not
forfeite
his
lands
:
See
Fitz.
Coron.
362.
&
426.
13.
If
a
man
doe
give
himselfe
a
deadly
wound
,
and
dyeth
thereof
within
the
yeare
and
a
day
after
,
14.
Yet
the
goods
of
felo
de
se
,
15.
If
A.
doe
strike
B.
to
the
ground
and
then
draweth
his
knife
to
kill
B.
and
B.
lying
upon
the
ground
,
See
44.
Ass.
p.
17.
Br.
Cor.
12.
&
14.
16.
If
one
that
wanteth
discretion
,
killeth
himselfe
(
as
an
Infant
,
17.
If
a
lunatique
person
killeth
himselfe
he
shall
forfeite
his
goods
(
sc.
if
he
killeth
himselfe
out
of
his
lunacy
)
otherwise
if
he
killeth
himselfe
during
his
lunacy
.
18.
The
enquiry
of
such
a
felony
,
belongeth
to
the
Coroher
;
And
yet
if
Felo
de
se
be
cast
into
the
Sea
,
Murder
.
CHAP.
11.
1.
OF
old
time
every
killing
of
one
man
by
another
was
called
Murder
Maister
Bract.
and
Britton
speake
of
it
,
For
murder
is
now
construed
to
be
,
when
one
man
upon
malice
prepensed
doth
kill
another
feloniously
,
viz.
with
a
premeditate
and
malicious
minde
whether
it
be
openly
or
privily
done
,
Anno
10.
H.
7.
it
is
high
Treason
.
2.
This
malice
precedent
or
prepensed
may
be
either
apparant
(
as
where
there
was
a
precedent
falling
out
;
Or
where
there
is
a
lying
in
waite
,
or
a
time
and
place
appointed
,
&c.
Or
it
may
be
lesse
apparant
or
manifest
,
and
yet
shall
be
implyed
presumed
,
and
taken
to
be
out
of
malice
precedent
by
the
manner
and
circumstances
thereof
.
H.
7.
is
made
high
Treason
:
as
is
before
expressed
.
5.
But
if
he
be
not
an
officer
knowne
,
he
must
shew
his
warrant
before
he
arrest
the
party
,
7.
To
kill
any
Magistrate
,
or
Minister
of
Iustice
in
the
execution
of
their
office
,
or
in
keeping
the
peace
(
according
to
the
dutie
of
their
office
,
8.
If
the
Sheriffe
,
or
Iustice
of
peace
come
to
suppresse
Riotters
,
and
one
of
the
Sheriffe
or
Iustices
company
is
slaine
by
one
of
the
Riotters
,
10.
And
in
these
cases
,
the
killing
of
such
officers
or
of
any
of
their
company
,
is
in
law
intended
to
be
of
malice
prepensed
,
sc.
that
the
murderer
had
a
malicious
resolution
in
him
to
oppose
himselfe
against
the
Law
,
the
officers
thereof
,
and
the
Iustice
of
the
Realme
.
11.
Also
if
a
Theefe
that
offreth
to
rob
a
true
man
,
Plo.
474.
Co.
9.
67.
12.
A
man
carryed
his
Father
(
being
sick
)
and
against
his
will
(
in
a
frosty
and
cold
time
)
from
one
Towne
to
another
,
13.
A
harlot
delivered
of
a
Childe
,
hid
it
in
an
Orchard
,
14.
And
in
these
two
last
cases
,
Voluntas
reputabitur
profacto
,
death
ensuing
thereupon
,
for
it
may
plainely
appeare
that
they
had
a
will
and
meaning
of
that
harme
which
followed
,
which
will
in
them
doth
amount
to
malice
,
and
so
maketh
their
offences
to
be
murder
:
And
in
such
cases
where
death
ensueth
,
Nihil
interest
utrum
quis
occidat
,
an
causam
mortis
praebeat
.
15.
A
man
dyeth
in
the
hand
of
a
Physitian
or
Surgeon
,
16.
Two
playing
at
Tables
fall
out
in
their
game
,
Maister
Crompton
reporteth
.
17.
The
husband
upon
words
betweene
him
and
his
wife
,
suddenly
stroke
his
wife
with
a
Pestell
,
whereon
she
dyed
,
W●mesly
.
43.
Eliz.
18.
A.
hath
wounded
B.
in
fight
,
and
after
they
meete
suddenly
a●d
●●●t
againe
,
and
B.
killeth
A.
this
seemeth
murder
,
and
malice
〈◊〉
intended
in
B.
upon
the
former
hurt
,
but
now
if
A.
had
killed
〈◊〉
seemeth
but
Manslaughter
in
A.
for
his
former
malice
shall
be
thought
to
be
appeased
by
the
hurt
he
first
did
to
B.
unlesse
A.
gave
the
first
assault
,
but
if
A.
made
the
first
assault
without
any
new
provocation
that
shall
be
intended
to
be
in
pursuit
of
the
former
malice
,
and
then
it
shall
be
adjudged
murder
,
so
if
two
are
in
suite
and
they
meete
suddenly
and
quarrell
about
the
suite
,
and
the
defendant
killeth
the
plaintiffe
,
this
seemeth
to
be
but
Manslaughter
and
not
murder
.
19.
Also
wilfull
killing
of
another
,
by
poison
was
and
is
murder
,
by
the
common
Law
,
See
Stamf.
21.
&
Br.
Indictment
.
41.
21.
A.
bringeth
drinke
that
was
poysoned
(
knowing
of
it
)
to
B.
who
advised
B.
to
drinke
of
it
,
23.
The
master
upon
malice
precedent
,
goeth
to
kill
another
and
taketh
his
fervants
with
him
(
but
they
know
nothing
of
their
maisters
intent
)
and
the
master
and
his
servants
doe
meet
the
other
,
24.
Note
that
when
a
man
hath
malice
to
one
,
and
intending
and
endeavouring
to
kill
him
,
vide
Plo.
101.
Dyer
128.
Fitz.
Coron.
262.
Stamf.
16.
for
his
intent
was
to
doe
murder
.
27.
Note
also
that
in
all
cases
where
a
man
commeth
or
goeth
about
to
doe
any
thing
unlawfully
,
as
to
kill
,
beate
or
disseise
another
,
or
to
doe
any
other
Trespasse
,
and
in
doing
this
,
he
killeth
any
man
,
this
is
murder
,
See
Cromp.
24.
B.
4.
Maria.
29.
Also
where
a
man
commandeth
another
to
beate
A.
and
he
beateth
him
,
so
as
A.
dyeth
thereof
,
30.
See
Stamf.
40.
Fitz.
Indictment
22.
Nay
if
they
be
not
present
,
yet
if
they
be
in
the
same
house
,
or
upon
the
same
ground
,
it
is
murder
in
them
all
.
See
the
Lord
Dacres
case
.
Crom.
25.
31.
Note
also
that
all
that
are
present
,
aiding
,
abbetting
,
See
,
morc
4.
H.
7.
18.
13.
H.
7.
10.
Fitz.
Coron.
309.
Co.
9.
67.
112.
&
115.
32.
As
if
A.
and
B.
fall
out
and
appoint
the
field
,
and
they
meete
accordingly
each
of
them
bringing
company
with
them
,
A.
killeth
B.
this
is
murder
in
all
those
that
came
with
A.
33.
Note
also
that
in
case
of
murder
,
it
is
not
materiall
who
giveth
the
first
blow
;
for
if
he
that
is
slaine
gave
the
first
blow
,
yet
if
there
were
malice
prepensed
in
the
other
,
it
is
murder
in
him
that
killeth
him
.
34.
Also
in
case
of
poysoning
,
35.
esse
(
sc.
in
rerum
natura
)
For
if
a
man
hurteth
a
woman
with
child
whereby
he
killeth
the
Infant
in
his
mothers
wombe
by
our
Law
,
this
is
no
felony
,
neither
shall
he
forfeit
any
thing
for
such
offence
,
and
whether
upon
a
blow
or
hurt
given
to
a
woman
with
child
,
the
child
dye
within
her
body
or
shortly
after
her
delivery
,
it
maketh
no
difference
,
yet
Maister
Bracton
tooke
it
to
be
homicide
,
if
the
blow
were
given
postquam
puerperium
animatum
fuerit
.
But
if
the
mother
of
the
child
dye
within
a
yeare
and
a
day
after
such
hurt
done
to
her
,
and
upon
that
hurt
,
this
is
felony
.
36.
In
cases
of
murder
or
poysoning
,
37.
Note
also
that
by
the
Law
of
God
no
recompence
was
to
be
taken
for
the
life
of
a
murderer
.
Numb.
35.31
.
38.
And
by
diverse
old
statutes
,
no
Charter
of
pardon
ought
to
be
granted
to
any
person
in
case
of
murder
,
See
P.
pardon
.
1.
See
all
the
statutes
of
6.
Ed.
1.
c.
9.
2.
E.
3.
ca.
2.
4.
E.
3.
c.
13.
&
14.
E.
3.
c.
15.
And
by
our
Law
at
this
day
a
pardon
of
all
felonies
will
not
discharge
murder
,
except
the
pardon
be
with
a
Non
obstante
or
that
murder
be
expressely
mentioned
in
the
pardon
.
Neither
will
a
pardon
of
all
felonies
discharge
a
man
that
is
attainted
of
felony
,
except
also
the
attainder
and
the
execution
be
pardoned
.
See
9.
Ed.
4.
29.
Co.
6.
13.
b.
39.
Note
that
he
which
hath
a
pardon
for
felony
,
if
he
hath
not
found
sureties
for
the
good
behaviour
,
or
if
afterwards
during
his
life
,
he
shall
breake
the
peace
,
such
pardon
shall
be
holden
for
none
,
but
that
he
may
be
hanged
,
notwithstanding
his
pardon
,
for
by
the
pardon
,
tegitur
non
tollitur
,
See
the
statute
10.
Ed.
3.
ca.
3.
P.
Pardon
.
5.
&
3.
H.
7.
7.
where
one
was
executed
upon
this
statute
,
for
making
an
Affray
after
his
pardon
.
Br.
Coron.
134.
Manslaughter
.
CHAP.
12.
1.
MAnslaughter
,
in
the
right
signification
thereof
,
implyeth
all
manner
of
homicide
and
is
the
generall
,
as
well
to
murder
as
to
the
rest
,
Neverthelesse
for
that
in
common
speech
it
is
restrained
to
Manslaughter
by
Chancemedley
alone
,
in
that
sence
I
will
here
write
of
it
.
2.
Manslaughter
,
otherwise
called
Chancemedley
,
is
when
two
doe
fight
together
upon
the
sudden
,
and
by
meere
chance
without
any
malice
precedent
,
and
one
of
them
doth
kill
the
other
,
this
also
is
felony
of
death
.
And
yet
in
case
of
manslaughter
the
offendour
shall
have
the
benefit
of
Clergy
,
and
by
the
Law
of
God
there
was
a
City
of
refuge
appointed
for
such
to
flie
unto
.
Exod.
21.13
.
Deut.
19.3.4
.
3.
Two
fall
out
upon
the
sudden
and
fight
,
and
the
one
breaketh
his
weapon
,
4.
A.
and
B.
fall
out
upon
the
sudden
,
and
fight
,
and
A.
is
so
fierce
that
he
runneth
upon
the
others
weapon
and
is
slaine
,
5.
Two
combate
together
upon
the
sudden
,
and
part
,
and
presently
after
meete
and
fight
againe
,
and
the
one
killeth
the
other
,
or
the
one
presently
fetcheth
a
weapon
,
and
commeth
and
killeth
the
other
,
these
seeme
but
manslaughter
,
for
that
it
is
done
all
in
one
continuing
fury
,
which
was
at
the
first
without
malice
,
and
could
not
in
so
short
a
time
be
appeased
,
or
asswaged
,
Cromp.
23.
b.
24.
A.
26.
A.B.
6.
So
if
two
have
borne
malice
the
one
to
the
other
and
be
reconciled
,
and
after
meeting
againe
,
they
fall
out
upon
new
occasion
and
by
agreement
immediately
they
go
into
the
field
and
fight
,
and
the
one
killeth
the
other
,
this
is
but
manslaughter
(
causa
qua
supra
)
unlesse
the
respite
or
distance
of
time
or
place
had
beene
such
that
by
reasonable
conjecture
their
heate
might
be
asswaged
.
What
persons
may
be
charged
with
homicide
,
and
what
not
.
CHAP.
13.
1.
IF
one
that
is
Non
compos
mentis
,
or
an
Ideot
,
kill
a
man
,
2.
So
it
is
if
a
Lunatique
person
killeth
another
during
his
lunacy
(
Coke
4.
125.
)
for
all
Acts
done
by
him
in
lunacye
are
as
the
Acts
of
an
Ideot
.
3.
Now
there
be
three
forts
of
persons
accounted
,
Non
compos
mentis
,
to
this
purpose
,
and
the
like
.
1.
A
foole
naturall
,
who
is
so
,
(
à
nativitate
)
from
his
birth
,
2.
He
who
was
once
of
sound
and
good
memory
,
and
after
(
by
sicknesse
,
hurt
,
or
other
accident
,
or
visitation
of
God
)
loseth
his
memorie
.
3.
A
lunatique
,
qui
gaudet
lucidis
intervallis
,
and
sometimes
is
of
good
understanding
and
memorie
,
and
sometimes
is
Non
compos
mentis
.
4.
An
Infant
of
eight
yeares
of
age
,
or
above
,
H.
7.
1.
&
12.
Stamf.
27.
Fitz
Coron.
118.
126.
&
Br.
Coron.
133.
136.
But
an
Infant
of
such
tender
yeares
,
as
that
hee
hath
no
discretion
or
intelligence
,
if
hee
kill
a
man
,
this
is
no
felony
in
him
.
3.
H.
7.
i.
b.
7.
Note
in
these
former
cases
of
homicide
committed
by
persons
being
Non
compos
mentis
,
Homicide
by
misadventure
.
CHAP.
14.
1.
HOmicide
by
misadventure
Numb.
35.15
.
&
22.
Iosh.
20.3
.
And
by
our
law
now
,
this
is
no
felony
of
death
,
for
he
shall
have
his
pardon
of
course
for
his
life
and
lands
,
but
yet
hee
shall
forfeit
his
goods
,
in
regard
that
a
subject
is
killed
by
his
meanes
.
See
Stamf.
16.
a.
b.
Fitz.
Coron.
69.
302.
354.
As
if
a
Schoole-master
,
in
reasonable
manner
beating
his
scholler
for
correction
only
,
3.
And
yet
in
cases
of
misadventure
,
as
also
where
one
killeth
another
,
Se
defendendo
by
the
common
Law
,
See
the
stat.
6.
E.
1.
c.
9.
&
2.
E.
3.
c.
2.
4.
Also
in
these
cases
of
misadventure
,
See
Stamf.
15.
t.
But
now
the
usuall
course
is
that
without
any
Certiorari
the
Iustices
of
gaole
delivery
make
a
Certificate
to
the
Lord
Chancellor
and
thereupon
the
pardon
is
granted
of
course
and
in
the
case
of
Infants
and
Non
compos
mentis
the
Iudges
receive
a
verdict
of
not
guilty
,
in
which
case
there
needeth
no
pardon
neither
is
there
any
forfeiture
of
goods
.
5.
But
if
a
man
be
doing
of
an
unlawfull
Act
,
Tempore
.
H.
8.
6.
Playing
at
hand-sword
,
Bucklers
,
foot-ball
,
7.
A
man
casteth
a
stone
at
a
Bird
,
or
beast
,
H.
7.
fol.
23.
is
that
if
a
man
cast
a
stone
over
a
house
and
killeth
a
man
,
1.
First
,
if
a
man
be
slaine
in
any
such
manner
,
yet
if
it
be
by
the
meanes
or
procurement
,
or
wilfull
default
of
another
man
,
this
shall
be
felony
in
the
party
procuring
or
causing
it
.
2.
The
thing
which
is
the
cause
of
such
casuall
death
shall
be
forfeit
to
the
King
as
a
Deodand
,
and
distributed
in
Almes
by
the
Kings
Almoner
,
but
the
Almoner
hath
no
interest
as
it
seemeth
in
such
goods
,
but
hath
onely
the
disposition
of
the
Kings
Almes
,
durante
bene
placito
,
so
that
the
King
may
grant
them
to
any
other
,
See
Co.
1.
50.
Dyer
.
77.
See
the
statute
de
officio
Coronatoris
4.
Ed.
1.
7.
And
if
a
man
that
is
unknowne
be
found
dead
in
the
field
,
his
apparell
and
money
about
him
shall
be
given
to
the
poore
,
See
Fitz.
Coron.
314.
326.
341.
342.
348.
388.
389.
398.
401.
409.
9.
If
a
man
killeth
another
with
my
sword
(
or
other
weapon
of
mine
)
my
weapon
shall
be
forfeited
as
a
Deodand
.
Doct.
&
Student
,
fo.
156.
B.
10.
The
inquiry
of
such
casuall
death
belongeth
also
to
the
Coroner
,
but
if
the
Coroner
cannot
have
the
sight
of
the
body
and
so
cannot
inquire
thereof
,
it
seemeth
the
King
shall
be
intituled
to
the
goods
by
a
presentment
at
the
quarter
Sessions
,
or
at
the
generall
Assizes
,
or
in
the
Kings
Bench
,
or
else
the
King
may
be
defrauded
.
Homicide
upon
necessitie
.
CHAP.
15.
1.
ordine
juris
non
observato
,
as
where
an
offendour
hath
judgement
given
upon
him
to
be
hanged
,
if
the
Sheriffe
,
or
other
officer
,
&c.
shall
be
head
him
or
by
other
meanes
put
him
to
death
,
it
is
felony
in
such
officer
,
&c.
2.
Also
if
a
stranger
,
3.
As
a
Sheriffe
,
Bailiffe
,
4.
Herewith
also
agreeth
the
Doctor
and
Student
,
lib.
2.
cap.
41.
saying
.
If
any
person
that
is
no
Officer
,
would
arrest
a
man
that
is
outlawed
,
abjured
or
attainted
of
Murder
,
or
of
any
other
felony
,
and
such
offend
or
shall
disobey
the
arrest
and
by
reason
of
that
disobedience
he
is
slaine
,
the
other
shall
not
be
impeached
for
his
death
,
For
it
is
lawfull
unto
every
man
to
arrest
and
take
such
persons
,
and
to
bring
them
forth
that
they
may
be
ordered
according
to
the
Law
.
5.
An
offendor
in
felony
or
Treason
is
led
towards
the
Gaole
and
breaketh
away
from
those
that
conduct
him
and
maketh
resistance
or
flyeth
,
his
conductors
may
justifie
to
kill
him
,
7.
Riotters
and
such
as
shall
make
any
forceible
Entrie
or
deteyner
,
12.
As
to
kill
an
offendor
,
which
shall
attempt
feloniously
to
murder
or
rob
me
in
my
dwelling
house
,
Stamf.
f.
14.
See
Co.
5.
91.
&
11.
82.
Br.
Coron.
100.
102.
13.
And
if
one
or
moe
come
to
burne
my
house
,
I
or
any
of
my
servants
,
may
justifie
to
shoot
forth
of
my
house
at
them
,
and
to
kill
them
,
for
such
intent
of
theirs
is
felonious
.
See
Cromp.
26.
B.
14.
If
one
commeth
(
in
the
day
time
or
in
the
night
)
to
enter
into
my
house
,
pretending
title
thereto
,
and
to
put
me
out
of
my
possession
,
and
I
kill
him
,
this
seemeth
to
be
manslaughter
in
me
.
15.
If
one
commeth
in
the
day
time
to
my
house
to
beat
me
,
16.
Note
if
one
kill
a
true
man
,
in
defence
of
his
person
there
ought
to
be
so
great
a
necessity
,
Co.
5.
91.
b.
17.
Stamf.
fo.
15.
It
is
holden
in
the
former
case
,
18.
But
in
the
former
case
if
B.
upon
malice
prepensed
had
first
stroken
A.
and
then
B.
flyeth
to
a
strait
or
wall
,
19.
Copstones
case
,
There
was
malice
between
Copstone
and
one
S.
and
they
had
fought
divers
times
,
H.
8.
cap.
5.
which
is
not
in
force
in
Ireland
,
and
therefore
as
the
Law
is
in
Ireland
Copstone
should
have
forfeited
his
goods
and
have
had
his
pardon
of
course
.
20.
Also
if
a
Theife
assaults
mee
to
rob
,
or
kill
mee
,
I
am
not
bound
to
flie
to
a
wall
,
21.
Also
the
servant
may
justifie
the
killing
of
another
in
defence
of
his
masters
person
,
Br.
Coron.
63.
Also
the
servant
may
justifie
the
killing
of
him
who
robbed
and
killed
his
Master
,
so
that
it
be
done
presently
,
and
by
a
statute
in
Ireland
,
made
in
Anno
28.
H.
6.
ca.
3.
It
is
lawfull
to
kill
Theeves
found
robbing
.
22.
In
the
defence
of
the
possession
of
my
goods
I
may
justifie
to
beat
him
that
shall
wrongfully
take
them
from
me
,
but
I
cannot
justifie
to
kill
him
,
except
he
be
a
Theife
.
23.
So
then
to
kill
a
true
man
in
defence
of
my
person
,
in
case
where
there
is
an
inevitable
necessity
(
sc.
that
I
first
shall
fly
so
farr
as
I
can
for
saving
my
life
,
&c.
)
this
is
no
felony
of
death
,
&c.
But
otherwise
it
is
to
kill
a
true
man
in
defence
of
my
house
,
lands
,
or
goods
,
that
is
manslaughter
(
at
least
.
)
Burglarie
.
CHAP.
16.
1.
BUrglarie
is
when
one
or
more
in
the
night
time
doe
breake
a
dwelling
house
,
or
a
Church
,
or
the
walls
or
gates
of
a
City
,
2.
First
for
the
time
,
3.
Next
,
Shard
.
27.
Ass.
38.
and
by
the
opinions
of
Sir
Anthony
Browne
,
Sir
Edward
Montague
,
and
Sir
Robert
Brooke
late
chiefe
Iustice
of
the
common
pleas
,
4.
So
likewise
(
the
doore
being
opened
by
some
of
the
house
)
if
any
the
attempters
shall
discharge
a
dag
against
any
in
the
house
,
and
in
discharging
his
dag
shall
hold
his
hand
over
the
threshold
though
he
set
no
foot
over
,
this
is
Burglary
:
So
if
upon
attempt
of
Burglary
,
they
within
the
house
shall
cast
out
their
money
for
feare
,
5.
But
if
a
Theefe
setteth
but
his
foot
over
the
threshold
or
into
any
part
of
the
house
to
commit
felony
,
this
much
more
shall
convict
him
of
Burglary
.
6.
Roger
Manwood
chiefe
Baron
,
and
yet
he
broke
not
the
house
.
7.
So
is
it
to
come
into
a
house
by
the
helpe
of
a
key
,
or
suddenly
to
come
into
the
house
by
night
,
the
doores
being
open
,
and
the
owner
flyeth
to
his
chamber
,
and
the
offendor
is
taken
shoving
at
the
chamber
doore
.
8.
So
it
is
likewise
if
Theeves
pretending
that
they
bee
robbed
,
&c.
shall
come
to
the
Constable
,
and
pray
him
to
make
search
for
the
felons
,
and
going
with
the
Constable
into
a
mans
house
to
search
they
rob
the
good
man
of
the
house
,
this
is
Burglary
.
Roger
Manwood
,
who
was
an
ingenious
and
learned
Iudge
,
and
yet
the
house
was
not
broken
in
any
of
these
cases
.
10.
But
if
one
commeth
into
a
house
in
the
day
and
there
hideth
himselfe
till
night
and
then
stealeth
any
thing
out
of
the
house
,
or
if
any
that
is
lodged
in
a
house
in
the
night
goeth
out
of
the
house
,
and
stealeth
some
of
the
goods
yet
this
is
no
Burglarie
but
only
felony
,
for
that
he
broke
not
the
house
,
the
first
of
these
two
cases
was
resolved
at
Derby
,
Ass.
32.
El.
Cromp.
34.
11.
Also
if
diverse
come
to
commit
Burglarie
,
and
but
one
of
them
entreth
and
commits
it
,
13.
So
if
a
man
hath
two
dwelling
houses
,
and
sometimes
dwelleth
at
the
one
,
38.
Eliz.
16.
At
Summer
Assizes
at
Cambridge
Anno
Domini
1616.
two
men
were
arraigned
and
condemned
for
Burglary
before
Sir
Iames
Altham
Knight
for
robbing
a
Backhouse
of
Robert
Castle
Esquire
in
the
night
,
17.
But
a
Booth
or
Tent
in
a
Faire
or
market
,
are
not
esteemed
in
Law
for
dwelling
houses
,
18.
Lastly
,
So
it
is
,
if
the
purpose
were
to
rob
,
19.
20.
And
if
the
intent
were
to
commit
a
Rape
,
it
is
Burglary
;
for
Rape
by
the
Common
Law
was
felony
,
Bracton
,
Glanvill
and
Stamford
,
that
by
the
ancient
Common
Law
it
was
felony
,
the
words
of
Maister
Bracton
lib.
2.
are
thus
,
Olim
quidem
corruptores
virginitatis
&
castitatis
suspendebantur
,
&c.
modernis
tamen
temporibus
aliter
observatur
,
qui
pro
corruptione
virginis
amittuntur
membra
,
&c.
And
a
litle
after
Adelstanus
;
raptus
mulierum
nè
fiat
,
defendit
tam
lex
humana
,
quam
divina
,
Et
sic
fuit
antiquitus
observatum
,
quod
si
quis
obviaverit
solam
,
cum
pace
dimittat
eam
,
&c.
Si
autem
contra
voluntatem
suam
,
&c.
jactat
eam
ad
terram
,
forisfacit
gratiam
suam
,
&c.
fol.
112.
Also
amongst
the
lawes
of
Saint
Edmond
sometimes
King
of
England
,
you
shall
find
this
law
,
Qui
cum
Nunna
,
vel
sanctimoniali
fornicetur
,
emendetur
sicut
homicida
,
à
multo
fortiori
,
then
saith
Maister
Stamford
,
shall
he
be
punished
,
if
he
had
ravished
her
;
So
as
Rape
at
the
first
saith
Stamford
,
West
.
1.
ca.
13.
which
gave
two
yeares
imprisonment
and
fyne
;
but
spying
the
mischiefes
ensuing
upon
the
said
law
,
at
his
next
Parliament
holden
at
West
.
called
West
.
2.
ca.
34.
he
made
the
offence
of
Rape
to
be
felony
againe
.
Br.
Coron.
204.
21.
Note
also
by
Britton
,
f.
17.
Plowdens
Commentaries
,
fo.
19.
but
if
he
that
so
entreth
taketh
away
more
than
might
suffice
to
satisfie
his
hunger
for
that
time
,
I
conceive
that
he
is
guilty
of
Burglary
.
Other
Felonies
by
the
Common
Law
,
as
Burning
houses
,
&c.
CHAP.
17.
2.
So
is
it
to
burne
a
Barne
in
the
day
time
,
having
Corne
in
it
,
though
it
adjoyne
not
to
the
dwelling
house
.
4.
Burning
of
any
other
house
,
or
of
a
stack
of
Corne
feloniously
,
West
.
1.
ca.
15.
(
which
statute
seemeth
to
be
but
a
rehersall
of
the
Common
Law
,
Br.
Mainp.
78.
)
ordaineth
that
such
as
bee
taken
for
burning
(
generally
)
feloniously
done
,
be
not
bailed
:
and
of
that
opinion
seemeth
Maister
Britton
,
Britton
fol.
16.
See
Stat.
Winchester
13.
Ed.
1.
ca.
1.
&
18.
Ed.
1.
ca.
17.
but
all
these
cases
by
a
statute
in
Ireland
are
Treason
.
5.
If
an
Indictor
(
or
Iuror
)
in
case
of
Treason
or
felony
shall
discover
the
Kings
Councell
and
his
fellowes
;
it
hath
been
adjudged
felony
in
times
past
,
but
as
the
Law
is
now
taken
,
it
is
a
misdemeanor
onely
.
7.
Also
when
a
man
hath
arrested
another
for
felony
,
and
after
letteth
him
goe
at
liberty
,
this
is
a
wilfull
escape
,
and
shall
be
adjudged
felony
in
him
that
did
so
let
him
escape
;
And
in
case
of
Treason
such
escape
is
Treason
.
per
Stamf.
fo.
32.
&
1.
H.
6.
6.
8.
Breaking
of
prison
(
before
the
statute
de
frangentibus
prisonam
made
1.
Edw.
2.
)
was
felony
by
the
Common
Law
,
for
what
cause
soever
he
were
in
prison
,
yea
though
he
had
beene
imprisoned
but
for
a
Trespasse
:
But
now
that
stat.
hath
changed
the
common
Law
therein
;
so
that
now
if
a
man
be
arrested
or
taken
for
a
Trespasse
,
and
doe
make
an
escape
,
or
be
rescued
by
a
stranger
,
this
is
but
fineable
at
this
day
.
Robberie
.
CHAP.
18.
1.
THeft
is
the
taking
away
of
another
mans
goods
with
an
intent
to
steale
them
against
the
will
,
or
without
the
knowledge
of
him
whose
goods
they
are
,
and
this
is
of
two
sorts
,
videlicet
,
Robbery
and
La●ceny
,
we
will
first
speake
of
Robbery
,
and
then
of
Larceny
,
Robbery
(
in
latine
called
Rapina
)
is
properly
the
felonious
taking
of
any
thing
from
the
person
of
another
against
his
will
,
2.
27.
Ass.
pl.
38.
&
13.
H.
4.
7.
25.
Ed.
3.
Fitz.
Coron.
106.
215.
3.
In
this
former
description
of
robbery
,
4.
5.
So
if
a
Theefe
doe
only
assault
mee
to
rob
mee
,
6.
So
if
in
flying
from
the
Theefe
I
cast
my
purse
into
a
Bush
to
save
it
,
and
the
Theefe
seeth
mee
and
taketh
it
away
,
this
is
robbery
;
7.
So
if
one
assaults
mee
to
rob
mee
,
and
I
flying
away
from
him
,
8.
So
if
a
Theefe
comes
and
biddeth
me
deliver
my
purse
(
without
drawing
any
weapon
,
10.
Also
in
the
former
description
of
Robbery
the
words
from
the
person
,
are
not
so
nicely
to
be
construed
,
that
to
make
up
robbery
the
goods
must
needs
be
annexed
to
the
body
of
the
person
;
For
in
some
cases
it
may
be
Robbery
notwithstanding
the
Theefe
doth
neither
take
the
goods
from
the
person
of
the
owner
nor
yet
assault
him
;
12.
Note
to
make
it
robbery
the
person
must
be
put
in
feare
,
for
if
a
felon
doe
take
money
from
mee
in
the
high
way
,
and
shall
not
put
me
in
feare
,
this
is
felony
but
not
Robbery
.
Cromp.
35.
P.R.
131.
Anno.
5.
Eliz.
14.
Note
also
,
if
two
Theeves
shall
attempt
to
rob
mee
,
and
I
flie
from
them
,
28.
El.
16.
So
if
one
shall
take
my
money
or
other
goods
from
my
person
secretly
without
my
knowledge
,
or
by
sleight
onely
,
I
neither
being
made
afraide
,
nor
witting
of
it
(
if
it
bee
above
xij
.
d
.
in
value
)
it
is
felony
of
death
.
Larcenie
.
CHAP.
19.
1.
LArcenie
(
being
fetched
from
the
latine
word
Latrocinium
)
is
properly
a
fraudulent
and
felonious
taking
away
of
another
mans
personall
goods
,
in
the
absence
of
the
owner
and
without
his
knowledge
.
2.
This
is
of
two
sorts
,
Grand
Larceny
which
is
felony
of
death
and
Pety
Larceny
which
is
forfeiture
of
goods
and
Chattels
,
and
corporall
punishment
at
the
discretion
of
the
Iudges
.
3.
Grand
Larceny
,
4.
And
yet
if
the
goods
stollen
be
to
the
value
of
ten
shillings
,
5.
6.
Yet
may
not
the
Iustice
of
peace
before
whom
such
an
offendor
shall
be
brought
(
out
of
the
Sessions
)
punish
by
his
discretion
the
said
offendor
for
Pety
Larceny
and
so
let
him
goe
,
but
must
commit
him
to
prison
or
baile
him
,
to
the
intent
he
may
come
to
his
triall
as
in
case
of
other
felonies
,
and
if
upon
his
triall
the
Iurie
shall
finde
the
goods
stollen
,
to
exceede
xij
.
d
.
in
value
,
the
offendor
shall
have
Iudgement
to
dye
for
the
fault
.
7.
Although
Pety
Larceny
be
not
punishable
by
death
,
felonice
cepit
,
and
he
shall
forfeite
all
his
goods
and
Chattells
for
such
a
felony
,
and
there
is
no
difference
either
in
the
nature
of
the
offence
or
in
the
minde
of
the
offendor
,
but
only
in
the
value
of
the
thing
stollen
which
maketh
the
difference
of
punishment
.
8.
If
one
shall
steale
goods
to
the
value
of
4.
10.
In
Larcenie
two
things
must
concurre
,
scil.
to
take
,
and
to
carry
away
,
Stamf.
25.
a.
Cromp.
36.
a.
11.
And
yet
in
this
last
case
there
is
besides
the
delivery
a
bargaine
and
agreement
to
carry
the
goods
,
and
the
delivery
was
only
to
that
intent
,
so
that
the
property
of
those
goods
did
alwayes
remaine
in
the
first
owner
.
But
if
A.
lendeth
his
horse
to
B.
being
a
stranger
,
who
rideth
quite
away
with
the
horse
,
this
is
no
felony
in
B.
by
reason
of
the
delivery
.
And
so
did
Sir
Iohn
Dodderidge
Knight
give
direction
at
Cambridge
Assises
,
1617.
upon
an
Indictment
of
Felony
preferred
in
such
a
case
.
12.
If
a
Clothier
shall
deliver
any
Wooll
or
Yarne
to
his
Carder
,
Spinster
,
or
Weaver
,
&c.
to
dresse
,
and
they
shall
convay
away
,
imbezell
or
sell
any
part
thereof
,
this
seemeth
to
be
no
felony
,
by
reason
of
the
delivery
.
14.
And
so
(
it
seemeth
)
if
I
deliver
mony
or
goods
to
A.
to
deliver
to
B.
and
A.
flyeth
away
with
them
,
consumeth
them
,
or
converteth
them
to
his
owne
use
,
this
is
no
felony
by
reason
of
the
delivery
.
15.
If
a
man
delivers
money
to
his
servant
to
keepe
,
H.
8.
made
,
whereby
it
was
provided
that
all
and
singular
servants
of
the
age
of
Eighteene
yeares
,
16.
And
now
upon
the
construction
of
this
stat.
diverse
new
questions
and
cases
have
since
beene
moved
.
17.
But
if
the
servant
received
of
his
master
20.
l.
in
gold
to
keep
,
18.
And
if
a
man
delivers
to
his
servant
a
horse
to
ride
to
market
,
or
money
to
carry
to
a
Faire
,
to
buy
cattell
,
or
other
things
,
19.
And
if
one
of
my
,
22.
If
a
man
delivers
to
his
servant
,
the
key
of
the
chamber
doore
,
and
the
servant
taketh
away
his
masters
goods
in
the
chamber
(
above
the
value
of
xij
.
d
.
23.
Another
felony
there
is
by
the
stat.
33.
H.
6.
c.
1.
in
the
servants
that
shall
take
away
or
spoile
the
goods
of
their
deceased
master
,
24.
The
second
thing
which
must
concurre
in
Larceny
to
make
it
felony
is
the
carrying
away
of
the
thing
so
taken
,
and
yet
it
is
not
of
necessity
that
it
be
cleane
carryed
out
of
the
house
,
or
place
where
it
was
,
but
it
sufficeth
that
it
be
so
farre
removed
that
the
evill
and
felonious
intent
of
the
taker
may
plainely
appeare
;
25.
So
is
it
if
one
taketh
a
horse
in
another
mans
close
with
an
intent
to
steale
him
,
and
he
be
apprehended
againe
before
he
hath
gotten
the
horse
out
of
the
same
close
,
this
is
felony
.
Now
it
is
necessary
in
the
next
Chapter
to
declare
of
what
things
Larceny
may
bee
committed
,
and
of
what
not
.
Of
what
things
Larceny
may
be
committed
,
and
of
what
not
.
CHAP.
20.
1.
NOte
that
the
felonious
taking
of
any
thing
,
wherein
another
hath
propertie
,
is
felony
.
22.
H.
6.
Br.
Coron.
190.
2.
And
therefore
Larcenie
may
be
committed
by
taking
of
any
the
moveable
goods
of
any
person
,
3.
It
is
also
felony
to
steale
my
horses
,
mares
,
colts
,
oxen
,
kyne
,
sheepe
,
lambes
,
swine
,
pigs
,
hennes
or
geese
,
ducks
,
turkies
,
peacocks
,
18.
H.
8.
2.
4.
It
is
Felony
also
to
take
some
things
that
be
of
wild
nature
,
5.
6.
Also
it
is
Felony
to
take
any
Swannes
that
be
lawfully
marked
,
though
they
be
at
large
;
For
a
man
hath
propertie
in
such
.
See
Co.
lib.
7.
fo.
16.
b.
17.
a.
7.
Also
for
Swannes
unmarked
,
if
they
be
domesticall
or
tame
,
sc.
kept
in
a
moat
,
or
in
ponds
neere
to
a
dwelling
house
,
and
so
bee
domui
,
or
manui
assueta
,
to
steale
such
is
felony
.
See
Coke
7.
17.
b.
8.
So
it
seemeth
of
Swannes
unmarked
,
so
long
as
they
keepe
within
a
mans
Mannor
,
or
within
his
private
Rivers
,
or
if
they
happen
to
escape
out
of
a
mans
Mannor
or
private
rivers
,
yet
if
they
shall
be
pursued
and
taken
,
and
brought
in
againe
,
to
steale
them
is
felony
.
Co.
li.
7.
fo.
16.
&
18.
9.
But
if
Swannes
that
be
unmarked
,
shall
be
abroad
,
and
shall
attaine
to
their
naturall
libertie
,
then
the
propertie
of
them
is
lost
,
And
so
long
Felony
cannot
be
committed
by
taking
of
them
.
10.
And
yet
such
unmarked
and
wilde
Swans
,
the
Kings
officer
may
seize
them
(
being
abroad
)
for
and
to
the
use
of
the
King
by
his
prerogative
,
they
being
volatilia
regalia
.
Also
the
King
by
grant
them
;
And
by
consequence
another
man
may
prescribe
to
have
them
within
a
certaine
precinct
or
place
.
For
it
may
bee
intended
to
have
a
lawfull
beginning
by
the
Kings
grant
,
Cok.
lib.
7.
fol.
16.
a.
b.
&
18.
a.
b.
11.
Also
it
is
felony
to
take
a
tame
Deere
,
12.
But
by
the
common
law
Larceny
cannot
be
committed
by
taking
of
savage
or
wilde
beasts
,
fowles
,
or
fish
,
found
in
their
wildnesse
and
abroad
,
or
at
large
,
as
Deere
,
Conies
,
Hawkes
,
Doves
,
Phesants
,
Partridges
,
Herons
,
Swans
unmarked
,
or
fish
that
are
at
liberty
,
&c.
for
no
person
can
claime
property
in
them
.
13.
See
3.
Ed.
1.
20.
&
1.
H.
7.
ca.
7.
fera
natura
,
observe
these
differences
.
fera
natura
,
a
man
hath
a
right
of
property
,
and
in
some
of
them
a
right
of
priviledge
.
17.
There
be
three
manner
of
rights
of
property
,
scil.
-
1.
Absolute
.
This
propertie
a
man
cannot
have
in
any
thing
which
is
ferae
natura
,
but
only
in
such
things
as
are
Domitae
natura
.
-
2.
Qualified
,
These
properties
a
man
may
have
in
things
ferae
natura
,
and
to
such
properties
a
man
may
attaine
by
two
meanes
,
scil.
-
3.
Possessary
,
These
properties
a
man
may
have
in
things
ferae
natura
,
and
to
such
properties
a
man
may
attaine
by
two
meanes
,
scil.
1.
By
industrie
,
and
this
may
be
,
either
by
taking
them
only
or
making
them
tame
,
scil.
mansueta
,
id
est
,
manui
assueta
,
or
domestica
,
id
est
,
domus
assueta
;
but
in
these
last
a
man
hath
but
a
qualified
property
,
scil.
so
long
as
they
remaine
tame
,
and
so
long
felony
may
be
commited
by
stealing
of
them
away
,
but
if
they
attaine
to
their
naturall
liberty
,
and
have
not
animum
revertendi
,
then
the
property
of
them
is
lost
.
2.
Ratione
impotentiae
&
loci
,
As
where
a
man
hath
yong
Goshawkes
,
or
Herons
,
or
the
like
,
which
are
fera
natura
,
and
doe
breed
(
or
ayrie
)
in
his
ground
,
he
hath
a
possessorie
property
in
them
.
So
as
if
one
takes
them
when
they
cannot
flie
,
the
owner
of
the
soyle
may
have
an
Action
of
trespasse
,
Quare
boscum
suum
fregit
,
&
tres
pullos
esperuorum
suorum
,
or
ardearum
suarum
,
pretii
tantum
nuper
in
eodem
bosco
nidificant
,
cepit
&
asportavit
.
And
to
take
these
away
is
felony
,
as
is
aforesaid
.
18.
E.
4.
fol.
8.
Stamf.
25.
c.
18.
But
when
a
man
hath
beasts
or
fowles
(
that
be
savage
and
in
their
wildenesse
)
ratione
privilegii
,
scil.
.
by
reason
of
a
parke
or
warren
,
19.
Neither
can
Larceny
be
committed
by
taking
of
dogges
of
any
kinde
,
Apes
,
Parrats
,
Squirrils
,
singing
Birds
,
or
such
like
thing
(
kept
only
for
pleasure
and
not
for
any
profit
)
though
they
be
in
the
house
,
and
made
tame
.
20.
No
not
by
taking
of
a
blood-hound
or
mastiffe
,
21.
Also
it
is
felony
to
steale
the
flesh
of
any
tame
or
wilde
fowle
,
22.
So
is
it
to
pull
the
wooll
from
the
sheepes
backe
,
23.
But
note
that
in
all
these
cases
of
felony
aforesaid
,
the
thing
so
taken
,
or
stollen
,
must
exceed
the
value
of
12.
d.
24.
Also
the
taking
of
any
reall
chartell
or
thing
,
is
no
felony
,
25.
But
if
I
gather
mine
Apples
,
or
cut
downe
a
Tree
,
26.
And
if
a
stranger
cuts
downe
my
Tree
,
12.
Ass.
P.
32.
Br.
Coron.
76.
27.
Also
to
take
lead
from
of
a
house
,
or
Church
,
28.
Also
to
take
away
the
Evidences
of
a
mans
land
,
29.
So
to
take
away
an
Infant
in
Ward
is
no
Felony
.
30.
Also
the
taking
and
carrying
away
of
such
things
whereof
the
owner
is
unknowne
,
in
some
cases
is
no
felony
;
22.
Ass.
p.
99.
Br.
Coron.
96.
31.
And
yet
where
the
goods
be
,
bona
cujusdam
hominis
ignoti
,
bona
cujusdam
mortui
,
&
ignoti
,
or
bona
parochianorum
,
or
the
goods
of
a
Church
,
or
Chappell
,
or
the
goods
of
any
corporation
in
the
time
of
vacation
,
in
these
cases
there
be
owners
of
them
to
some
purpose
and
therefore
it
is
felony
to
steale
such
goods
.
32.
One
Nottingham
digged
a
dead
body
out
of
his
grave
,
and
tooke
away
his
winding-sheete
,
Anno
1617.
36.
A
man
commeth
to
my
wife
,
or
to
my
servant
with
a
false
message
,
token
,
or
letter
made
in
my
name
,
and
thereby
getteth
my
goods
,
yet
this
is
no
felony
,
but
it
shall
be
punished
as
a
falsity
and
misdemeanor
,
and
the
offend
or
besides
a
Fine
and
imprisonment
may
be
bound
to
the
good
behaviour
by
the
Common
Law
.
What
persons
are
chargeable
in
Larcenie
.
CHAP.
21.
F.
Coron.
160.
Stamf.
26.
P.
R.
130.
Br.
Coron.
108.
Stamf.
26.
5.
But
a
woman
covert
,
alone
by
her selfe
(
the
husband
not
knowing
thereof
)
may
commit
Larceny
and
may
be
either
principall
,
P.
R.
130.
6.
Goods
are
delivered
to
the
husband
to
keepe
,
and
his
wife
stealeth
them
,
it
is
no
felony
;
Otherwise
is
it
if
the
husband
had
delivered
them
to
a
stranger
and
then
the
wife
had
taken
them
feloniously
out
of
the
possession
of
the
stranger
,
this
had
beene
felony
in
the
wife
,
Mar.
lect.
12.
7.
8.
Westminster
.
2.
cap.
34.
as
it
seemeth
,
and
so
if
a
man
takes
away
another
mans
wife
,
with
her
husbands
goods
against
the
husbands
will
,
this
is
also
felony
.
9.
And
if
the
husband
commits
Larceny
,
and
the
wife
knowing
thereof
,
doe
receive
or
reteine
him
,
&c.
shee
is
not
thereby
accessary
to
the
felony
.
10.
If
a
servant
by
the
compulsion
of
his
Master
,
11.
An
Ideot
,
Lunaticke
,
dumbe
and
deafe
person
and
an
Infant
are
chargeable
in
Larceny
after
the
same
sort
,
See
Stamf.
27.
&
3.
H.
7.
fo.
1.
b.
&
12.
b.
&
35.
H.
6.
11.
Br.
Coverture
.
80.
Felonies
by
escape
.
CHAP.
22.
1.
BReaking
of
prison
by
one
being
therein
for
felony
,
2.
Note
that
there
is
no
difference
,
Fitz.
Iust.
P.
fo.
114.
saith
that
such
disturbance
before
arrest
,
is
felony
,
which
I
conceive
cannot
be
,
for
where
there
is
no
arrest
,
there
cannot
be
any
escape
or
rescous
,
yet
neverthelesse
this
disturbance
is
a
misdemeanor
punishable
by
fine
and
imprisonment
.
5.
If
a
Gaoler
,
a
Constable
,
or
any
other
,
which
hath
a
prisoner
under
arrest
for
felony
,
9.
H.
4.
fo.
1.
Br.
Escape
43.
&
F.
Coron.
p.
76.
he
is
accessary
to
the
felony
.
8.
And
if
a
prisoner
shall
make
an
escape
(
of
his
owne
wrong
,
and
without
the
consent
of
the
Gaoler
,
Co.
3.
44.
&
52.
accordeth
in
case
of
a
prisoner
taken
in
execution
that
shall
make
an
escape
of
his
owne
wrong
.
9.
If
a
Gaoler
or
other
officer
,
&c.
shall
licence
his
prisoner
to
goe
abroad
,
10.
Note
that
the
Sheriffe
of
every
County
shall
have
the
keeping
of
and
shall
be
chargeable
and
charged
with
the
common
gaole
and
prison
of
the
same
County
,
and
of
all
the
prisoners
therein
;
And
must
put
in
such
Gaolers
or
keepers
for
whom
he
will
answer
as
appeareth
by
the
statute
14.
E.
3.
c.
10.
which
also
seemeth
to
have
beene
the
common
Law
before
,
as
you
may
see
by
the
preamble
of
the
statute
of
14.
E.
3.
&
Co.
4.
34.
And
therefore
the
high
Sheriffe
himselfe
shall
be
answerable
for
an
escape
of
a
felon
,
suffred
by
his
gaoler
,
and
may
be
indicted
for
the
same
.
And
so
the
high
Sheriffe
as
he
hath
an
office
of
great
antiquity
,
and
of
great
trust
and
authority
,
Ed.
Cooke
Reports
,
lib.
9.
fol.
98.
that
the
gaolers
who
have
the
actuall
possession
shall
be
answerable
for
escapes
if
they
have
wherewith
.
Also
Popham
chiefe
Iustice
,
did
cause
one
Staner
(
a
gaoler
at
Cambridge
)
to
be
indicted
,
11.
Now
an
escape
is
of
two
sorts
,
voluntary
and
negligent
.
12.
Voluntary
escape
is
where
one
doth
arrest
,
or
hath
imprisoned
another
for
felony
(
or
other
offence
)
and
after
letteth
him
goe
at
liberty
whither
he
will
.
13.
Negligent
escape
is
when
the
party
arrested
or
imprisoned
doth
escape
against
the
will
of
him
that
arrested
or
imprisoned
him
,
Stamf.
35.
K.
a
difference
of
the
fine
where
the
prisoner
is
attainted
,
where
but
indicted
,
and
where
only
taken
upon
suspition
.
14.
But
for
voluntary
escape
,
if
the
arrest
or
imprisonment
were
for
felony
it
shall
be
adjudged
felony
in
him
which
did
voluntarily
suffer
the
prisoner
to
escape
;
And
if
the
arrest
,
&c.
were
for
Treason
,
Fitz.
Coron.
248.
Escape
non
adjudicabitur
pro
transgressione
,
And
in
case
of
felony
there
is
no
difference
,
whether
the
felon
be
arrested
by
an
Officer
or
by
another
,
See
Br.
Coron.
112.
15.
One
Nichols
assaulted
Cholmelcy
to
rob
him
and
killed
him
,
after
Qu.
Eliz.
granted
Nichols
his
pardon
,
But
Cholmeley
his
wife
having
commenced
her
appeale
against
Nichols
he
was
still
detained
in
prison
at
the
womans
suite
,
after
the
gaoler
suffred
Nich.
voluntarily
to
goe
at
large
,
and
so
to
escape
,
by
the
opinion
of
Master
Plowden
this
was
felony
in
the
gaoler
,
although
N.
the
prisoner
were
no
felon
as
to
the
Qu.
in
regard
hee
had
obtained
his
pardon
.
Plo.
476.
b.
16.
A
prisoner
found
guilty
of
pety
Larceny
is
adjudged
to
be
imprisoned
by
the
space
of
a
moneth
,
21.
H.
7.
17.
a.
Br.
Escape
16.
17.
Note
that
a
voluntary
escape
is
no
felony
,
if
the
Act
done
were
not
felony
at
the
time
of
the
escape
made
;
H.
4.
12.
and
Stamf.
35.
h.
because
this
escape
was
voluntary
.
Cromp.
39.
but
if
the
prisoner
be
committed
for
manslaughter
or
for
felony
generally
,
it
seemeth
the
escape
wil
be
felony
,
for
the
Gaoler
is
not
to
judge
what
manner
of
felony
it
is
.
42.
Ass.
p.
5.
Br.
Escape
29.
But
the
contrary
was
after
holden
although
the
prisoner
were
taken
onely
upon
suspition
.
44.
Ass.
p.
12.
Br.
Escape
31.
but
there
it
was
holden
to
be
but
fineable
.
21.
Note
also
if
a
man
be
arrested
for
felony
by
the
Constable
or
other
person
,
23.
Felonies
by
statute
.
CHAP.
23.
1.
BUggery
committed
with
mankinde
,
2.
Congregations
and
confederacies
holden
by
Masons
,
3.
H.
6.
ca.
1.
3.
Cutting
out
of
any
the
Kings
subjects
tongues
,
or
putting
out
their
Eyes
of
malice
is
felony
.
5.
H.
4.
ca.
5.
4.
Conjuration
,
or
Invocation
of
any
evill
spirrit
,
for
any
intent
,
See
Exod.
22.18
.
5.
Also
to
use
or
practise
Witch-craft
,
Inchantment
,
Charme
,
or
Sorcery
,
whereby
any
person
shall
be
killed
,
or
to
be
counselling
,
or
ayding
thereto
is
felony
without
benefit
of
Clergy
.
6.
Also
the
second
time
to
practise
Witch-craft
,
&c.
whereby
any
chattell
,
or
goods
shall
be
destroyed
or
impaired
,
or
whereby
any
person
shall
be
hurt
or
pined
in
his
body
,
is
felony
without
benefit
of
Clergy
.
7.
Now
against
these
Witches
the
Iustices
of
peace
may
not
alwayes
expect
direct
evidence
,
seeing
all
their
workes
are
the
workes
of
darkenesse
and
no
witnesses
present
with
them
to
accuse
them
;
And
therefore
for
their
better
discoverie
,
I
thought
good
here
to
insert
certain
observations
out
of
the
book
of
discovery
of
the
witches
that
were
arraigned
at
Lancaster
.
Anno
Dom.
1612.
before
Sir
Iames
Altham
,
and
Sir
Edward
Bromeley
,
Iudges
of
Assise
there
,
which
are
these
following
,
viz.
1.
These
witches
have
ordinarily
a
familiar
or
spirit
which
appeareth
to
them
.
2.
Their
familiar
hath
some
bigg
,
or
place
,
upon
their
body
where
he
sucketh
them
.
3.
They
have
often
pictures
of
Clay
,
or
waxe
(
like
a
man
,
&c.
)
found
in
their
house
.
4.
If
the
dead
body
bleed
upon
the
witches
touching
it
.
5.
The
testimony
of
the
person
hurt
,
upon
his
death
.
6.
The
examination
and
confession
of
the
children
or
servants
of
the
Witch
.
7.
Their
owne
voluntary
confession
,
which
exceeds
all
other
Evidence
.
Hen.
6.
)
yet
if
a
Iudge
doe
imbezell
,
or
rase
a
Record
,
this
is
but
misprision
in
the
Iudge
.
2.
R.
3.
Br.
Coron.
174.
&
Treason
.
31.
10.
But
it
seemeth
the
Iu.
of
P.
cannot
enquire
of
,
nor
heare
and
determine
these
two
last
sorts
of
felonies
(
sc.
imbezeling
or
rasing
of
records
)
for
that
these
felonies
are
committed
to
other
Iudges
to
deale
with
by
the
same
stat.
of
8.
H.
6.
P.
Records
4.
but
what
is
fit
for
the
Iustice
of
peace
to
doe
herein
;
I
have
before
in
the
chapter
of
felony
declared
.
11.
Forestalling
,
or
buying
any
forraigne
Marchandises
before
they
come
to
the
Staple
,
&c.
was
made
felony
by
the
statute
27.
Ed.
3.
cap.
11.
but
by
2.
R.
2.
ca.
2.
it
was
repealed
and
made
punishable
againe
according
to
the
statute
of
25.
E.
3.
ca.
3.
which
is
by
2.
yeares
imprisonment
,
or
forfeiture
of
the
value
of
the
thing
forestalled
.
12.
Forging
of
evidences
,
sc.
of
any
deed
,
Charter
,
obligation
,
Bill
,
See
Cok.
9.
118.
b.
14.
E.
3.
10.
occiderunt
&
asportaverunt
,
&c.
See
Lambert
.
Cromp.
&
West
.
17.
Also
it
seemeth
by
the
statute
of
1.
H.
7.
ca.
7.
that
all
such
hunting
disguised
,
or
any
other
unlawfull
hunting
in
the
night
time
is
felony
,
if
the
offendor
be
not
examined
thereof
,
and
confesse
the
same
as
abovesaid
,
See
the
stat.
1.
H.
7.
c.
7.
in
fine
.
18.
If
any
person
shall
take
a
tame
beast
,
19.
If
any
person
being
marryed
,
20.
Multiplication
of
gold
,
or
silver
,
H.
4.
ca.
4.
21.
Co.
11.
31.
But
the
party
poysoned
must
dye
thereof
within
a
yeare
and
a
day
after
the
poyson
received
.
22.
Purveyors
,
sc.
if
any
Purveyor
,
Taker
,
See
the
statutes
28.
E.
3.
ca.
12.
34.
E.
3.
ca.
3.
36.
E.
3.
ca.
5.
2.
H.
4.
ca.
14.
&
20.
H.
6.
ca.
8.
23.
Or
if
such
Purveyors
shall
take
any
thing
being
above
the
value
of
40.
Br.
Puru
.
1.
P.
Puru
.
1.
See
the
stat.
23.
H.
6.
ca.
14.
26.
Robbing
in
the
day
time
of
any
dwelling
house
,
or
of
any
out
house
,
27.
If
servants
imbezell
the
goods
of
their
deceased
master
or
goe
away
with
their
masters
goods
,
See
antea
in
the
chapter
of
Larceny
,
ca.
19.
Sect.
15.
&
23.
where
this
shall
be
felony
.
See
Co.
6.
27.
that
this
statute
of
18.
H.
6.
19
is
now
of
litle
force
;
but
yet
the
departure
of
a
souldier
without
licence
is
felony
by
the
statute
7.
H.
7.
1.
which
statute
is
yet
in
force
and
perpetuall
.
Co.
ibid.
Glanvill
115.
See
the
Stat.
de
officio
Coronatoris
.
4.
E.
1.
30.
31.
All
such
as
are
present
,
abetting
,
ayding
,
32.
It
is
a
good
plea
,
in
an
appeale
of
rape
,
33.
Also
to
take
away
any
Maide
,
34.
The
taking
away
of
a
mayde
under
16
yeares
of
age
without
the
consent
of
her
parents
or
governours
,
35.
West
.
2.
cap.
34.
the
words
thereof
are
de
mulieribus
abductis
cum
bonis
virorum
suorum
,
habeat
rex
sectam
de
bonis
sic
asportatis
.
36.
But
if
the
wife
take
her
husbands
goods
,
37.
By
a
statute
made
in
Ireland
in
the
third
yeare
of
the
Raigne
of
King
Edward
the
second
,
cap.
1.
&
2.
38.
Also
by
a
statute
made
in
Ireland
in
the
fifteenth
yeare
of
the
raigne
of
King
Edward
the
fourth
,
Rot.
Parliament
.
cap.
8.
the
taking
of
a
distresse
contrary
to
the
common
law
,
that
is
to
say
,
where
no
distresse
lyeth
in
the
case
,
as
to
distrayne
for
debt
,
breach
of
Covenant
or
such
like
is
felony
;
but
to
distrayne
where
a
distresse
lyeth
in
the
case
as
for
rent
,
service
,
or
such
like
,
although
the
taking
of
the
distresse
be
unlawfull
,
because
no
rent
is
arreare
,
yet
that
is
no
felony
;
for
that
distresse
is
not
contrary
to
the
common
law
.
39.
Also
by
a
statute
made
in
Ireland
in
the
Eleventh
yeare
of
the
raigne
of
Queene
Elizabeth
.
cap.
10.
It
is
felonie
in
a
Searcher
to
conceale
the
transporting
of
wooll
and
other
prohibited
merchandises
.
Queene
Elizabeth
.
ca.
4.
it
is
ordained
that
the
shipping
,
loading
,
imbarquing
,
and
putting
into
any
ship
,
barque
,
Pickard
,
Boat
,
or
any
other
vessell
whatsoever
of
any
prohibited
merchandises
,
as
Wooll
,
woolfels
,
&c.
in
any
port
,
haven
,
harbrow
or
Creeke
within
this
Realme
before
entrie
made
of
the
same
,
and
the
customes
well
and
truely
paid
according
the
tenor
and
effect
of
another
statute
made
in
11.
Eliz.
ca.
10.
shall
be
adjudged
and
deemed
felonie
in
all
and
every
such
person
and
persons
,
their
ayders
,
consorts
,
and
assistants
,
that
will
so
ship
,
loade
,
imbarque
,
and
put
the
said
goods
into
any
Ship
,
Barque
,
Pickard
,
Boate
,
or
other
vessell
before
entrie
made
,
and
the
said
customes
paid
as
aforesaid
,
and
that
the
same
persons
their
ayders
,
consentours
and
assistants
so
to
doe
shall
have
the
same
order
of
processe
,
inquiry
,
triall
,
judgement
,
forfeiture
and
execution
as
in
cases
of
felony
is
used
by
the
common
Law
in
this
Realme
,
and
that
the
Iustices
of
peace
at
their
Sessions
,
and
all
and
every
officer
and
officers
within
Cities
and
incorporated
Townes
,
having
authoritie
to
be
Iustices
of
peace
,
or
of
gaole
deliverie
,
within
the
said
Citties
and
incorporated
Townes
shall
and
may
lawfully
inquire
,
heare
and
determine
all
and
singular
the
premisses
made
felony
by
the
said
Act.
41.
By
a
statute
made
in
Ireland
in
Anno
10.
H.
7.
ca.
11.
It
is
enacted
that
if
any
person
take
any
money
or
other
amends
for
the
death
or
murder
of
his
kinsman
or
friend
other
then
the
lawes
of
the
kingdome
will
permit
the
same
,
42.
By
a
statute
made
in
33.
H.
8.
ca.
5.
It
is
felony
for
a
servant
of
the
age
of
18.
43.
By
a
statute
made
in
10.
Caroli
ca.
20.
in
Ireland
it
is
enacted
that
the
levying
of
any
Fine
,
Accessaries
.
CHAP.
24.
Gen.
3.
The
serpent
the
procurer
of
the
first
sinne
,
by
Gods
owne
Iudgement
had
a
greater
punishment
then
the
woman
,
or
man
;
Againe
,
2.
Sam.
12.9
.
David
is
told
(
from
God
)
that
he
had
killed
Vrias
,
whereas
he
only
commanded
Ioab
to
kill
him
,
&c.
yet
in
case
of
felony
our
Law
is
otherwise
,
for
in
felonies
they
are
but
accessaries
and
not
principals
.
2.
Note
whatsoever
offence
doth
make
a
man
accessary
in
felony
,
3.
But
yet
it
seemeth
this
is
to
be
understood
of
accessaries
before
the
Treason
,
for
receiving
,
aiding
,
and
comforting
a
Traitor
after
the
offence
(
knowing
the
same
)
was
holden
to
be
but
misprision
of
treason
.
12.
&
13.
Eliz.
Dyer
296.
And
yet
by
some
other
authorities
,
and
by
the
common
experience
and
practise
the
relieving
of
Traitors
after
the
offence
,
knowing
thereof
,
is
holden
to
be
treason
,
See
3.
H.
7.
10.
Br.
Treas.
19.
per
Hussey
chiefe
Iustice
and
Cromp.
42.
b.
4.
In
cases
of
Premunire
,
there
may
be
principall
and
accessary
by
some
opinions
.
44.
E.
3.
&
8.
H.
4.
6.
b.
Br.
Premunire
4.
6.
Tamen
quaere
,
E.
3.
the
offendors
shall
forfeite
nothing
,
if
they
appeare
at
the
first
day
,
but
if
they
appeare
not
at
the
first
day
,
then
for
their
contumacy
they
shall
be
out
of
the
K.
protection
,
and
shall
forfeite
their
lands
,
and
goods
,
to
the
K.
which
are
as
a
paine
given
by
the
statute
,
but
is
no
attainder
,
also
if
the
principall
appeare
not
,
or
happen
to
be
dead
,
yet
the
other
shall
answere
,
and
therefore
it
seemeth
that
they
be
all
principals
.
Br.
4.
5.
In
petty
treason
there
is
a
principall
,
and
there
be
accessaries
,
as
there
is
in
felonies
.
6.
In
felonies
,
there
be
two
sorts
of
accessaries
.
The
one
is
accessary
before
the
felony
committed
,
the
other
is
accessary
after
the
offence
done
.
7.
But
he
that
is
present
at
the
time
of
the
felony
committed
(
be
it
in
case
of
murder
,
robbery
,
burglary
,
or
Larceny
)
is
principall
,
if
he
were
either
a
procurer
,
or
mover
,
or
be
aider
,
comforter
,
or
consenter
thereto
,
although
at
that
present
he
doe
nothing
.
Plo.
100.
a.
11.
H.
4.
Br.
Coron
188.
8.
If
one
being
present
at
the
killing
,
9.
Also
in
some
cases
a
man
may
be
a
principall
,
although
he
be
not
present
at
the
time
of
the
felony
committed
;
As
if
A.
knowing
drinke
to
be
poisoned
,
perswades
B.
to
drinke
it
,
and
after
B.
(
in
the
absence
of
A.
)
doth
drinke
it
,
and
dyeth
thereof
.
A.
is
here
a
principall
murderer
.
Co.
4.
44.
12.
But
here
note
,
some
differences
are
to
be
observed
when
the
principall
and
chiefe
offendor
or
Actor
doth
not
accomplish
the
fact
altogether
in
the
selfe
same
sort
,
as
it
was
before
hand
agreed
and
plotted
betweene
him
and
the
accessary
,
and
therefore
if
A.
command
B.
to
lay
hold
upon
C.
and
B.
goeth
and
robbeth
C.
this
is
no
felony
in
A.
(
if
he
be
absent
when
the
robbery
is
done
)
for
this
commandement
might
have
beene
performed
without
any
robbery
.
But
if
the
commandement
had
beene
to
beate
C.
and
the
party
commanded
doth
kill
C.
or
beateth
him
so
that
he
dyeth
thereof
.
13.
A.
commandeth
B.
to
rob
one
and
in
attempting
this
another
is
killed
,
14.
But
if
B.
shall
commit
the
same
felony
which
A.
did
command
or
counsell
to
be
done
,
though
he
doth
it
at
another
time
,
or
in
another
sort
than
A.
did
command
,
16.
A.
counselleth
B.
to
kill
C.
and
before
he
hath
killed
him
,
Dyer
.
186.
17.
A
man
foreknoweth
of
a
felony
intended
to
be
done
,
and
doth
conceale
it
,
and
so
suffereth
it
to
be
effected
,
this
maketh
him
no
accessary
to
the
felony
,
except
he
consenteth
thereto
,
18.
Note
that
in
manslaughter
,
19.
Accessaries
after
the
offence
,
20.
But
to
relieve
him
being
in
prison
maketh
not
a
man
accessary
.
Also
to
ayde
him
by
his
good
word
,
or
suit
,
for
his
deliverance
,
or
to
send
a
letter
for
his
inlargement
by
baile
,
21.
To
receive
,
harbour
,
22.
If
a
felon
getteth
his
pardon
such
as
shall
receive
or
relieve
him
after
,
shall
not
be
accounted
accessary
.
But
to
receive
or
relieve
him
before
his
pardon
obtained
,
is
felony
,
See
Plo.
476.
yet
upon
this
pardon
such
accessary
shall
be
discharged
,
if
the
pardon
be
pleaded
before
the
felon
be
attainted
.
23.
If
a
felon
be
attainted
,
by
verdict
,
confession
,
or
by
Vtlary
,
some
boo●es
hold
that
to
receive
,
harbour
,
or
relieve
such
a
one
,
24.
If
a
feme
covert
shall
relieve
,
or
receive
and
keepe
company
with
her
husband
,
25.
A
felon
who
fled
to
the
house
of
his
naturall
brother
,
and
the
brother
shut
the
foredoore
against
the
pursuers
,
27.
A
man
hath
a
felon
in
his
house
,
and
(
knowing
of
the
felony
)
suffreth
him
to
goe
his
way
,
28.
If
one
doe
rescue
him
that
is
arrested
for
felony
,
he
is
a
principall
felon
,
See
Cromp.
fol.
41.
42.
43.
But
herein
there
is
a
difference
between
a
buyer
being
a
stranger
to
the
felon
,
and
who
for
valuable
consideration
shall
buy
such
goods
,
and
a
receiver
or
buyer
,
who
is
an
adherent
or
companion
to
the
felon
,
or
that
by
Covin
shall
receive
or
buy
such
goods
,
for
clerely
such
receiver
as
is
last
mentioned
is
an
accessary
,
as
appeareth
by
the
preamble
of
the
statute
of
10.
Caroli
ca.
19.
in
Ireland
,
and
I
doe
not
see
in
reason
but
that
the
former
should
also
be
accessary
,
for
by
the
money
which
is
given
for
the
stolne
goods
the
felon
is
as
much
relieved
in
the
one
case
,
as
in
the
other
,
and
the
cases
as
I
conceive
in
27.
ass.
p.
69.
&
25.
E.
3.
fo.
39.
remembred
by
Maister
Stamford
,
fo.
43.
&
69.
are
not
contrary
,
if
they
be
duely
considered
,
for
the
reason
of
those
bookes
is
,
because
the
indictment
or
appeale
was
but
only
for
receiving
the
stolne
goods
without
speaking
of
relieving
the
felon
,
but
if
the
Indictment
had
beene
for
relieving
the
felon
,
the
buying
of
the
goods
,
knowing
them
to
be
stolne
,
would
have
beene
good
Evidence
to
maintaine
the
indictment
.
30.
A
man
buyeth
stolne
goods
for
5.
s.
which
are
worth
20.
s.
this
maketh
the
buyer
an
accessary
by
the
opinion
of
Maister
Crompton
,
fo.
43.
for
it
may
well
appeare
by
the
price
,
that
the
seller
came
not
truely
by
them
,
and
therefore
it
is
safe
to
lay
hold
of
such
sellers
,
as
shall
sell
any
thing
at
any
great
under
value
.
31.
Stamf.
fo.
40.
saith
,
If
he
takes
his
goods
againe
from
the
felon
to
favour
him
,
this
is
theft
boot
,
(
the
punishment
whereof
in
ancient
time
was
of
life
and
member
,
but
at
this
day
by
Maister
Stamford
fol.
40.
It
is
but
ransome
and
imprisonment
.
32.
If
the
party
robbed
,
or
if
he
that
shall
have
any
goods
stolne
from
him
,
after
complaint
by
him
made
of
the
felony
(
to
a
Iustice
of
Peace
,
or
to
the
Constable
)
shall
then
take
his
goods
againe
,
and
will
not
prosecute
this
matter
against
the
felon
any
further
,
but
will
suffer
him
to
escape
,
after
he
was
once
so
charged
,
and
perhaps
arrested
for
the
same
,
this
maketh
him
an
accessary
,
for
that
he
did
once
agere
criminaliter
,
by
complaint
made
to
the
officer
against
the
felon
,
and
in
such
case
,
the
Iustice
of
Peace
shall
doe
well
either
to
commit
,
or
at
least
to
binde
over
both
the
one
and
other
to
the
next
Goale
delivery
.
33.
But
if
upon
Huy
and
Cry
a
man
doe
arrest
a
thiefe
that
hath
stolne
another
mans
goods
,
34.
Note
,
in
all
cases
of
an
accessary
after
the
fact
,
it
is
requisite
that
the
fact
,
10.
Caroli
ca.
19.
in
Ireland
,
accessaries
may
be
to
a
felony
done
in
another
County
,
37.
A
man
may
be
an
accessary
to
an
accessary
,
as
if
hee
shall
receive
,
39.
And
if
the
principall
be
attainted
,
though
erroniously
,
that
shall
not
availe
the
accessary
,
but
he
must
answer
,
&c.
Co.
9.
68.
b.
&
119
Et
omne
accessar
.
sequitur
suum
principale
.
See
Br.
Forf
.
13.
Certaine
rules
concerning
felonies
.
CHAP.
25.
1.
IF
a
man
committeth
felony
in
the
time
of
one
King
,
2.
If
a
man
doe
commit
murder
,
steale
goods
,
or
doe
any
other
felony
in
one
County
,
and
then
flyeth
into
another
County
,
3.
If
a
man
committeth
a
robbery
,
or
stealeth
a
horse
,
4.
If
a
felon
doe
steale
another
mans
goods
,
5.
6.
Also
an
indictment
may
be
,
8.
Note
also
(
for
the
better
prevention
and
apprehending
of
felons
)
that
upon
all
homicides
,
Fitz.
Coron.
238.
293.
&
302.
Stamf.
33.
l.
3.
H.
7.
1.
P.
Coroners
13.
11.
And
if
a
man
be
slaine
in
the
day
time
,
out
of
any
Towne
;
then
the
hundred
shall
be
charged
therewith
,
and
for
the
insufficiency
of
the
hundred
all
the
County
shall
be
charged
,
&c.
Stamford
34.
f.
yet
see
Dyer
.
210.
b.
that
the
towneship
shall
be
amerced
for
the
escape
,
although
the
murder
were
committed
in
the
fields
of
the
Towne
,
or
in
a
lane
,
&c.
and
the
Iust.
of
P.
are
to
inquire
of
such
escapes
,
and
to
certifie
the
same
into
the
K.
Bench.
P.
Iustices
19.
12.
Also
every
man
is
a
sufficient
Bailiffe
and
officer
to
apprehend
him
that
is
pursued
by
Huy
and
Cry
,
13.
14.
Note
also
that
the
Kings
officer
may
breake
open
any
mans
house
,
to
apprehend
any
felon
,
15.
P.
Watch.
2.
And
every
Iu.
of
P.
may
cause
these
watches
to
be
duely
kept
.
The
forfeiture
for
Felony
.
CHAP.
26.
THe
punishment
of
felony
is
fourefold
,
sc.
1.
The
offendor
shall
lose
his
life
,
and
be
hanged
betweene
heaven
,
and
earth
,
as
unworthy
of
either
.
2.
He
shall
lose
his
blood
,
aswell
in
regard
of
his
Auncestry
,
as
of
his
posterity
,
for
his
blood
is
corrupted
,
so
as
he
hath
neither
Auncestor
,
heire
,
nor
posterity
.
3.
He
shall
forfeite
his
(
fee
simple
)
lands
wherein
the
K.
shall
have
Annum
diem
&
vastum
,
to
the
intent
that
the
offendors
wife
and
children
shal
be
cast
out
thereof
,
his
houses
razed
,
his
trees
rooted
up
,
his
meadowes
plowed
up
,
and
all
his
land
wasted
and
destroyed
;
And
after
the
yeare
,
day
and
wast
,
the
lands
shall
goe
by
Eschete
to
the
chiefe
Lord
of
the
fee
.
But
yet
the
Lord
may
fine
with
the
K.
for
all
,
and
so
have
the
land
presently
.
4.
The
offendor
shall
forfeite
and
lose
all
his
goods
.
5.
6.
By
the
common
Law
,
after
a
felon
be
found
guilty
before
the
Coroner
,
or
that
it
be
found
before
the
Coroner
that
he
did
fly
for
the
felony
,
there
the
Coroner
,
Sheriffe
,
undersheriffe
,
or
Escheator
,
&c.
may
(
for
the
King
)
seise
the
goods
of
the
felon
,
and
preise
them
by
an
Enquest
,
&c.
befo●e
his
attainder
,
for
by
such
thing
found
before
the
Coroner
,
the
goods
of
the
felon
are
forfeited
without
further
inquiry
or
tryall
of
the
felon
,
and
yet
the
officer
may
not
in
such
case
carry
the
felons
goods
away
,
but
(
after
prisement
as
aforesaid
)
must
leave
them
in
the
custody
of
the
felons
neigbours
,
See
25.
E.
3.
c.
14.
P.
indict
.
5.
1.
R.
3.
c.
3.
it
is
ordained
,
that
if
any
Sheriffe
,
&c.
or
other
person
,
doe
take
or
seise
the
goods
of
any
person
arrested
and
imprisoned
before
the
same
person
be
convicted
or
attainted
of
felony
,
or
that
the
same
goods
be
otherwise
lawfully
forfeited
,
Stamf.
fo.
193.
save
that
,
it
giveth
the
party
grieved
a
more
ample
recompence
,
and
more
speedy
remedy
than
the
common
Law
before
did
,
so
that
before
attainder
or
conviction
the
goods
of
a
felon
that
is
in
prison
ought
not
to
be
seised
,
Br.
Forf
.
44.
8.
Nay
after
attainder
if
they
shall
grant
their
goods
or
lands
,
it
shall
binde
all
persons
,
except
the
King
and
Lord
by
escheat
,
but
against
them
such
grant
is
voide
.
And
besides
as
to
the
King
or
Lord
by
escheate
,
a
man
attainted
of
treason
or
felony
is
absolutely
and
perpetually
disabled
by
the
corruption
of
his
blood
,
so
as
none
of
his
posteritie
can
claime
any
inheritance
in
Fee-simple
as
heire
to
him
,
or
to
any
other
Ancestor
paramount
him
.
Co.
11.
1.
b.
9.
After
the
conviction
of
a
felon
(
if
the
goods
were
in
the
felons
possession
at
the
time
of
his
conviction
)
the
Towne
presently
stands
charged
therewith
and
shall
answere
for
them
,
though
the
goods
were
never
seised
by
the
officer
,
nor
delivered
to
the
Towne
(
except
they
can
shew
what
other
person
hath
detained
those
goods
,
and
that
they
could
never
have
possession
of
them
,
which
exception
is
by
the
statute
of
31.
E.
3.
3.
P.
Estreates
3.
H.
6.
1.
but
in
this
case
the
towneship
is
accomptable
,
and
therefore
by
Prisots
reason
they
may
seise
such
goods
.
10.
11.
And
yet
by
diverse
statutes
you
shall
finde
that
an
offendor
may
be
convicted
(
out
of
Court
)
either
upon
the
view
and
record
of
the
Iustice
of
peace
;
Or
by
the
confession
of
the
offendor
,
or
upon
examination
of
witnesses
before
one
or
two
Iustices
of
peace
,
and
that
out
of
the
Sessions
.
12.
And
sometimes
by
confession
or
examination
of
witnesses
in
Court
without
any
verdict
taken
,
See
Crom.
130.
131.
Br.
Confes
.
32.
And
in
some
cases
conviction
shall
be
taken
for
attaineder
,
see
Co.
11.
59.
60.
13.
The
difference
betweene
attainder
,
and
conviction
,
14.
And
so
a
man
is
properly
said
to
be
indicted
,
when
the
offence
is
first
found
by
the
great
Enquest
,
or
other
Iury
of
Enquiry
.
15.
Convicted
,
when
the
offendor
is
found
guilty
by
a
second
Iury.
16.
Attainted
when
(
after
such
conviction
)
judgement
is
given
against
the
offendor
.
Examination
of
felons
and
Evidence
against
them
.
CHAP.
27.
1.
WHen
any
person
shall
be
brought
before
a
Iu.
of
P.
for
Treason
,
1.
The
examination
of
such
offendor
in
writing
,
but
not
upon
oath
.
2.
The
information
of
such
as
bring
him
viz.
he
shall
take
their
examination
and
information
of
the
fact
,
and
circumstances
thereof
upon
oath
;
And
so
much
thereof
as
shall
be
materiall
to
prove
the
felony
,
he
shall
put
in
writing
within
two
dayes
after
the
said
examination
.
3.
Also
the
same
Iu.
of
P.
shall
binde
all
such
by
recognisance
as
doe
declare
any
thing
materiall
to
prove
the
treason
or
felony
,
to
appeare
at
the
next
generall
gaole
delivery
(
to
be
holden
where
the
triall
of
the
said
felony
shall
be
)
to
give
in
evidence
against
such
offendors
.
4.
And
then
the
same
Iustice
shall
make
his
Mittimus
to
carry
the
offendor
to
the
Gaole
.
6.
And
the
said
Iu.
or
Iustices
of
P.
shall
certifie
at
the
next
generall
gaole
delivery
,
such
examination
,
information
,
recognisance
,
and
bailement
.
7.
And
if
any
Iu.
of
P.
shall
offend
in
any
thing
contrary
to
the
true
intent
and
meaning
of
this
statute
the
Iustices
of
gaole
delivery
in
their
discretions
shall
fine
every
such
Iustice
of
peace
.
8.
And
yet
for
petty
Larcenies
,
and
felonies
,
the
offendors
in
the
County
of
Dublin
may
be
tryed
at
the
quarter
Sessions
,
and
the
examinations
and
informations
may
be
certified
thither
,
and
the
Informers
bound
thither
.
9.
For
the
forme
of
the
recognisance
,
the
forme
of
the
Mittimus
,
and
the
forme
of
the
bailement
.
See
postea
in
the
title
of
warrants
and
presidents
.
10.
It
the
offendor
upon
his
examination
before
the
Iustices
of
P.
shall
confesse
the
matter
,
it
shall
not
be
amisse
that
the
offendor
subscribes
his
name
,
or
marke
,
under
such
confession
made
by
him
.
11.
If
the
offendor
confesseth
the
felony
before
the
Iustice
of
peace
and
notwithstanding
he
letteth
him
goe
,
without
committing
or
bailing
of
him
,
this
seemeth
to
be
a
voluntary
escape
and
so
felony
in
the
Iustice
,
Cromp.
39.
44.
12.
Also
if
any
person
shall
be
brought
before
a
Iustice
of
Peace
,
and
charged
with
any
manner
of
homicide
(
other
than
that
which
shall
be
done
in
the
orderly
execution
of
Iudgement
,
as
if
it
were
done
se
defendendo
,
or
by
casualty
(
which
are
not
felonies
of
death
,
or
done
by
an
infant
,
a
lunaticke
,
or
the
like
,
yet
it
is
the
Iustices
part
,
and
safest
for
him
to
commit
the
offendour
to
prison
,
or
at
least
to
joyne
with
some
other
in
the
bailement
of
him
(
if
the
cause
will
suffer
it
)
to
the
end
the
party
may
be
discharged
by
a
lawfull
tryall
.
13.
Children
may
be
examined
to
prove
a
felony
against
their
parents
,
and
bound
to
give
Evidence
;
for
the
sonne
,
and
daughter
,
of
Elizab.
Device
a
witch
,
were
not
onely
examined
by
the
Iustice
of
Peace
against
their
said
mother
,
and
the
said
examinations
certified
,
and
openly
read
upon
the
arraignement
and
triall
;
but
the
daughter
also
was
commanded
,
and
did
give
open
Evidence
against
her
mother
then
prisoner
at
the
Barre
;
And
by
the
statute
of
10.
14.
It
appeareth
in
the
booke
of
the
discovery
of
witches
,
15.
Two
informe
against
another
in
matter
of
felonie
,
See
the
storie
of
Susanna
.
16.
He
that
is
examined
,
16.
Ed.
4.
that
,
a
man
who
was
produced
as
a
witnesse
in
the
Chancery
,
in
his
deposition
was
found
to
sweare
falsely
in
part
,
and
thereupon
his
testimony
was
utterly
rejected
.
17.
A
man
attainted
of
perjurie
,
and
after
pardoned
and
restored
,
such
a
persons
information
is
not
much
to
be
credited
against
a
prisoner
,
for
the
old
saying
is
,
Once
forsworne
ever
forlorne
.
18.
A
man
attainted
of
conspiracie
or
forgerie
,
shall
not
be
received
to
give
Evidence
,
or
to
be
a
witnesse
.
See
Cromp.
127.
b.
19.
But
if
one
be
brought
before
a
Iustice
of
Peace
upon
suspition
of
felony
,
although
the
information
against
the
prisoner
shall
be
by
such
witnesses
,
yet
it
seemeth
safest
for
the
Iustices
of
peace
to
take
their
information
for
the
King
,
and
to
binde
them
over
to
give
Evidence
,
&c.
and
to
commit
the
party
suspected
:
And
upon
the
Tryall
to
informe
the
Iustice
of
Goale
delivery
concerning
the
credit
of
those
witnesses
.
22.
If
a
theefe
doe
rob
or
steale
goods
from
three
men
severally
,
and
he
be
indicted
of
the
robbing
or
stealing
from
one
of
them
,
and
arraigned
thereupon
,
in
this
case
though
the
other
two
would
give
Evidence
against
the
offendor
,
yet
shall
they
not
have
restitution
of
their
goods
by
the
meaning
of
that
statute
,
for
the
felon
is
not
attainted
of
any
other
felony
,
23.
And
if
a
man
doe
steale
goods
at
diverse
times
from
severall
men
,
quia
particeps
criminis
.
See
33.
H.
6.
7.
Co.
3.
78.
25.
A
man
shall
have
restitution
of
money
stollen
,
though
it
cannot
be
knowne
.
Br.
Restit
.
22.
26.
But
if
a
man
hath
a
horse
or
goods
stollen
from
him
and
knoweth
not
by
whom
,
or
if
he
knoweth
the
felon
,
yet
if
the
felon
waiveth
the
goods
flyeth
and
escapeth
,
and
the
Lord
of
the
Mannor
,
&c.
seiseth
them
,
the
party
robbed
shall
have
no
restitution
,
for
that
he
cannot
indite
and
attaint
the
felon
,
and
yet
if
the
felon
had
not
the
goods
in
his
possession
,
and
with
him
at
the
time
when
he
fled
(
but
had
left
them
elsewhere
)
then
are
they
not
waived
goods
nor
forfeite
,
but
that
the
owner
may
take
them
againe
wheresoever
he
findeth
them
,
without
any
restitution
awarded
.
Co.
5.
109.
27.
Examinations
taken
by
Iu.
of
P.
in
one
County
may
be
,
28.
The
offendor
himselfe
shall
not
be
examined
upon
oath
,
for
by
the
common
Law
,
Nullus
tenetur
seipsum
pr●dere
.
29.
But
it
seemeth
convenient
,
in
cases
of
felony
and
treason
especially
that
the
Information
(
of
the
bringers
and
others
)
which
the
Iu.
of
P.
doe
take
against
the
prisoner
be
upon
oath
;
Edward
Coke
late
Lord
chiefe
Iustice
(
5.
Iacobi
,
at
Cambridge
,
Summer
Assizes
)
upon
the
triall
of
a
felon
:
For
said
he
,
in
case
of
Trespasse
to
the
value
of
two
pence
,
no
Evidence
shall
be
given
to
the
Iury
but
upon
oath
,
much
lesse
where
the
life
of
a
man
is
in
question
.
30.
Also
if
the
Informers
be
examined
upon
oath
,
then
though
it
happen
they
should
dye
before
the
prisoner
have
his
Triall
,
yet
may
their
Information
be
given
in
Evidence
,
as
a
matter
of
good
credit
,
And
likewise
it
is
found
by
experience
,
that
without
oath
many
Informers
will
speake
coldly
against
a
felon
before
the
face
of
the
Iustice
of
peace
,
yea
and
will
also
speake
very
sparingly
and
coldly
upon
their
Evidence
given
before
the
Iudges
of
Assise
,
as
I
have
observed
in
some
,
had
they
not
been
urged
with
their
former
Information
taken
upon
oath
,
for
the
labouring
(
by
the
offendour
and
his
friends
)
to
such
as
are
to
informe
and
give
Evidence
(
both
before
the
matter
commeth
before
the
Iustice
of
Peace
and
after
)
is
now
growne
over-common
and
usuall
in
Ireland
,
especially
,
in
cases
of
greatest
moment
,
or
where
it
concerneth
most
notorious
malefactors
.
31.
Also
Maister
Brooke
,
(
tit
.
Examination
32.
)
is
of
opinion
that
every
examination
ought
to
be
upon
oath
,
32.
And
here
let
me
admonish
all
such
as
are
to
informe
or
beare
witnesse
against
a
prisoner
,
or
any
offendour
,
before
a
Iustice
of
peace
or
other
Magistrate
,
that
they
bee
well
advised
,
what
they
testifie
upon
their
oathes
,
knowing
that
in
such
cases
,
if
either
they
should
not
speake
the
truth
,
or
should
conceale
any
part
of
the
truth
,
they
should
offend
against
God
,
the
Magistrate
,
the
innocent
,
the
common
wealth
and
their
owne
soules
,
sc.
against
God
in
despising
of
him
,
and
belying
the
truth
.
Against
the
Magistrate
,
in
deceiving
of
him
,
and
causing
him
to
doe
Injustice
.
Against
the
Innocent
,
in
spoiling
him
of
his
Name
,
goods
,
or
life
.
Against
the
Common
wealth
,
if
the
party
be
nocent
or
guilty
,
and
he
cleares
him
by
false
witnesse
.
And
against
his
owne
soule
,
for
it
is
perjury
in
him
,
(
at
least
,
in
the
presence
of
God
and
good
men
.
)
Whether
Information
,
Evidence
,
or
proofe
of
witnesses
shall
bee
taken
against
the
King
.
CHAP.
28.
1.
IT
seemeth
just
and
right
that
the
Iustice
of
Peace
,
who
taketh
information
against
a
felon
,
or
person
suspected
of
felony
should
take
and
certifie
as
well
such
information
,
proofe
and
evidence
,
as
goeth
to
the
acquittall
or
clearing
of
the
prisoner
,
as
such
as
makes
for
the
King
,
and
against
the
prisoner
,
for
such
information
,
evidence
,
or
proofe
taken
,
and
the
certifying
thereof
by
the
Iustice
of
peace
is
only
to
informe
the
King
and
his
Iu.
of
gaole
delivery
of
the
truth
of
the
matter
,
and
such
was
the
opinion
of
Sir
Edward
Coke
,
at
Lent
Assises
at
Bury
.
Caroli
ca.
18.
2.
Upon
triall
of
felons
before
the
Iustice
of
gaole
delivery
the
said
Iu.
will
often
heare
witnesses
and
evidence
,
which
goeth
to
the
clearing
and
acquittall
of
the
prisoner
,
yet
they
will
not
take
it
upon
oath
,
but
do
leave
such
testimony
and
evidence
to
the
Iury
to
give
credit
,
or
to
thinke
thereof
as
they
shall
see
and
finde
cause
.
3.
Popham
chiefe
Iustice
(
at
Cambridge
Assises
tempore
Eli.
)
committed
one
to
prison
who
upon
the
triall
of
a
felon
called
out
,
that
he
could
give
Evidence
for
the
Queene
,
and
when
he
was
sworne
he
gave
Evidence
to
acquit
the
offendor
.
4.
In
7.
H.
4.
we
shall
finde
that
one
of
the
Serjeants
,
5.
Now
upon
the
examination
of
felons
,
-
1.
His
name
,
-
scil.
if
he
be
not
called
by
divers
names
.
-
2.
Quality
,
-
1.
His
parents
,
if
they
were
wicked
and
given
to
the
same
kind
of
fault
.
-
2.
His
ability
of
body
,
sc.
if
strong
and
swift
,
or
weake
or
sickly
,
not
likely
to
doe
the
Act.
-
3.
His
nature
,
of
civill
or
hastie
,
witty
and
subtill
,
a
quarreller
,
pilferer
,
or
bloody
minded
,
&c.
-
4.
His
meanes
,
if
he
hath
whereon
to
live
,
or
not
.
-
5.
His
trade
,
for
if
a
man
liveth
idlely
or
vagrant
(
nullam
exercens
artem
nec
laborem
)
it
is
a
good
cause
to
arrest
him
upon
suspition
,
if
there
have
beene
any
felony
committed
.
7.
Ed.
4.
20.
-
6.
His
Company
,
if
Ruffians
,
suspected
persons
,
or
his
being
in
company
with
any
the
offendors
.
-
7.
His
course
of
life
,
sc.
if
a
common
Alchouse-hanter
,
or
riotous
in
dyet
,
play
or
apparell
.
-
8.
Whether
he
be
of
evill
fame
,
or
report
.
-
9.
Whether
he
hath
committed
the
like
offence
before
,
or
if
he
hath
had
a
pardon
,
or
beene
acquitted
for
felony
before
,
Nam
qui
semel
est
malus
semper
presumitur
esse
malus
in
eodem
genere
mali
.
-
3.
Markes
or
Signes
.
-
1.
If
he
hath
any
blood
about
him
.
-
2.
If
any
of
the
goods
stollen
be
in
his
possession
.
-
3.
The
change
of
his
countenance
,
his
blushing
,
looking
downe-wards
,
silence
,
trembling
.
-
4.
His
answers
,
doubtfull
,
or
repugnant
.
-
5.
If
he
offred
agreement
or
composition
.
-
6.
The
measure
of
his
foot
,
or
horse
foot
.
-
7.
The
bleeding
of
the
dead
body
in
his
presence
.
-
8.
If
being
charged
with
the
felony
or
called
theefe
,
he
saith
nothing
.
F.
Cor.
24.
-
9.
If
he
fled
,
Fatetur
facinus
,
qui
judicium
fugit
.
-
4.
The
fact
-
1.
Place
,
sc.
if
convenient
for
such
Act
,
as
in
a
house
in
a
wood
,
Dale
,
&c.
-
2.
Time
,
the
yeare
,
day
,
and
houre
,
early
or
late
.
-
3.
Where
the
offendour
was
at
the
time
of
the
fact
,
and
where
the
day
or
night
before
,
his
businesse
,
and
company
there
,
and
witnesse
to
prove
all
these
.
-
4.
Manner
:
if
willingly
by
chance
,
or
necessitie
.
-
5.
The
cause
-
1.
If
former
malice
.
-
2.
If
to
his
benefit
,
or
what
hope
of
gaine
.
-
3.
If
for
the
eschewing
of
any
hurt
or
danger
.
-
6.
The
persons
,
-
Agens
,
if
principall
,
or
Accessary
,
Enfant
,
Lunatique
,
&c.
-
Patiens
,
if
against
the
King
,
common
wealth
,
Magistrate
,
maister
,
&c.
7.
A
man
going
to
execution
,
accuseth
another
of
felony
,
it
is
sufficient
cause
to
arrest
him
.
8.
Communis
vox
&
fama
,
that
he
did
the
offence
,
is
sufficient
cause
of
suspition
,
9.
But
yet
for
the
better
conceiving
what
may
breed
,
or
give
just
cause
of
suspition
,
marke
some
of
Master
Bractons
rules
:
Vox
populi
est
vox
Dei
,
it
should
be
,
Vox
populi
Dei
,
est
vox
Dei
.
2.
Si
furtum
in
manu
alicujus
inveniatur
,
vel
sub
potestate
alicujus
,
tunc
ille
in
cujus
domo
vel
potestate
res
furtiva
inventa
fuerit
tenebitur
,
4.
Si
quis
in
domum
suam
notum
vel
ignotum
acceperit
,
qui
unius
ingredit
visus
est
,
10.
And
yet
in
cases
of
felony
,
11.
Also
in
cases
of
secret
murders
,
and
in
cases
of
poysoning
,
witchcraft
,
and
the
like
secret
offences
,
where
open
and
evident
proofes
are
seldome
to
be
had
,
there
it
seemeth
halfe
proofes
are
to
be
allowed
,
and
are
good
causes
of
suspition
.
12.
Note
by
the
common
Law
,
13.
Also
the
defendant
must
alledge
some
speciall
matter
in
fact
,
14.
Also
by
the
opinions
of
Keble
,
Vavisor
,
and
Townsend
,
2.
H.
7.
15.
16.
Br.
Faux
.
Impris
.
14.
Keble
,
Vavisor
,
and
Townsend
,
to
be
good
Law
,
for
if
felons
may
not
be
arrested
,
or
stayed
,
but
only
by
those
that
shall
suspect
them
,
and
that
others
may
not
ayde
and
assist
the
party
,
that
shall
suspect
another
to
have
robbed
him
,
many
felons
shall
escape
and
goe
unpunished
to
the
exceeding
great
prejudice
of
the
common
wealth
.
15.
But
now
by
the
statute
of
10.
Caroli
in
Ireland
.
The
constable
,
&c.
in
the
former
cases
,
16.
Also
if
the
Constable
,
or
other
person
shall
arrest
another
upon
suspition
of
felony
by
vertue
of
a
warrant
from
a
Iust.
of
P.
such
warrant
shall
excuse
him
,
it
being
given
in
Evidence
.
Forceible
Entrie
and
Forceible
Detainer
.
CHAP.
29.
1.
Co.
3.
12.
And
yet
,
before
the
Raigne
of
King
Richard
the
second
,
the
common
Law
seemed
to
permit
any
man
to
have
entred
into
lands
and
tenements
with
force
and
armes
,
and
also
to
have
kept
and
detained
them
with
force
,
where
his
Entry
was
lawfull
.
2.
And
at
this
day
,
if
a
man
doth
enter
with
force
(
or
multitude
of
people
)
where
his
entrie
is
lawfull
,
he
is
not
punishable
by
action
either
at
the
common
Law
,
nor
(
by
action
)
upon
any
statute
,
for
where
the
title
of
the
plainetiffe
is
not
good
,
there
he
hath
no
cause
of
action
,
8.
H.
6.
or
otherwise
complaint
may
be
made
thereof
to
the
Iustices
of
peace
,
and
aswell
upon
such
indictment
,
as
upon
such
complaint
,
the
offendor
shall
be
punished
,
but
the
party
(
ousted
)
shall
not
be
restored
without
indictment
.
R.
2.
that
no
man
should
enter
into
any
lands
,
or
Tenements
,
with
force
,
or
multitude
(
though
he
had
good
right
,
or
title
to
enter
)
but
only
in
peaceable
and
lawfull
manner
.
4.
But
this
statute
provided
no
speedy
remedy
,
nor
extended
to
holding
with
force
,
15.
R.
2.
it
was
further
provided
,
that
if
any
man
should
detaine
,
or
hold
with
force
after
such
forceible
Entrie
made
,
upon
complaint
thereof
he
should
be
imprisoned
by
the
Iustices
of
peace
.
5.
Yet
neither
of
the
former
statutes
extended
to
those
that
entred
peaceably
,
H.
6.
it
was
and
is
provided
that
no
man
shall
enter
with
force
,
nor
detaine
(
or
hold
)
with
force
(
generally
.
)
6.
Now
these
two
last
statutes
.
15.
R.
2.
and
8.
H.
6.
doe
enable
any
one
Iustice
of
peace
,
to
give
present
remedy
,
viz.
to
remove
the
force
,
and
commit
the
offendors
in
cases
of
forceible
Entrie
,
or
holding
against
the
aforesaid
statutes
.
7.
Also
the
statute
of
8.
H.
6.
extendeth
further
,
reaching
the
offendors
,
if
they
were
removed
before
the
comming
of
the
Iustices
,
giving
the
Enquiry
and
restitution
,
and
also
punishing
the
Sheriffe
that
shall
not
obey
the
precepts
of
the
Iust.
in
this
behalfe
.
9.
10.
He
ought
to
arrest
,
and
remove
all
such
offendors
as
at
his
comming
he
shall
see
,
or
finde
,
touching
the
force
.
11.
If
the
doores
be
shut
,
and
they
within
the
house
shall
deny
the
Iustice
to
enter
,
he
may
breake
open
the
house
to
remove
the
force
.
12.
But
if
such
offendors
being
in
the
house
,
at
the
comming
of
the
Iustice
,
shall
make
no
resistance
,
nor
make
shew
of
any
force
,
then
the
Iustice
cannot
arrest
,
or
remove
them
,
except
upon
the
enquiry
,
a
force
be
found
,
See
Cromp.
37.
13.
Also
if
the
house
or
land
which
is
holden
with
force
shall
extend
into
two
Counties
,
14.
And
if
the
Iustice
at
his
comming
shall
see
or
finde
a
force
,
and
shall
remove
the
offendors
,
yet
he
may
not
upon
his
owne
view
,
restore
the
party
ousted
,
to
his
possession
againe
without
enquiry
first
made
of
the
force
by
a
Iury.
15.
16.
17.
The
forme
of
the
record
you
shall
finde
hereafter
in
the
Title
of
warrants
and
presidents
.
18.
19.
A●d
yet
the
words
of
the
statute
seeme
more
large
,
sc.
And
if
he
doe
finde
any
that
made
any
such
forceible
Entrie
or
that
hold
the
place
with
force
,
13.
H.
7.
Crooke
41.
20.
The
forme
of
the
Mittimus
you
may
see
afterwards
in
the
Title
of
warrants
and
presidents
.
21.
Also
the
same
Iustice
of
peace
,
or
some
of
them
that
shall
see
the
force
(
as
having
best
knowledge
of
the
matter
and
of
the
quality
of
the
offence
,
22.
Also
upon
payment
of
the
said
Fine
the
said
Iustice
may
deliver
the
offendors
out
of
prison
againe
by
some
opinions
,
23.
Or
the
Iustice
of
peace
,
by
some
opinions
,
may
record
such
force
and
commit
the
offendors
,
and
after
certifie
the
record
to
the
Iustices
of
Assise
,
Anno
26.
Eliz.
by
the
report
of
Master
Crompton
)
or
else
to
certifie
it
to
the
generall
Sessions
of
the
peace
,
(
as
it
seemeth
to
Master
Crompton
)
and
there
the
offendors
may
be
fined
:
For
saith
he
,
the
statute
doth
not
say
,
that
the
Fine
shall
be
assessed
by
them
that
record
the
force
,
more
than
by
other
Iustices
.
24.
Or
rather
the
Iustice
of
peace
may
certifie
,
or
deliver
the
record
by
him
made
,
and
referre
the
fine
,
and
further
proceedings
therein
to
the
K.
Bench
,
in
regard
of
their
supreame
authority
in
such
cases
.
And
this
Master
Lambert
thinketh
to
be
the
safest
course
.
26.
And
here
note
that
any
one
Iustice
of
peace
alone
out
of
the
Sessions
may
make
an
Enquiry
(
being
so
appointed
by
the
statute
)
whereas
otherwise
there
must
be
two
Iustices
at
the
least
,
to
make
an
inquiry
,
or
to
hold
a
Sessions
,
and
one
of
them
of
the
Quorum
.
27.
And
this
enquiry
ought
to
be
made
whether
the
offendors
be
present
,
or
gone
,
at
the
comming
of
the
Iustice
of
peace
,
yea
this
enquiry
the
Iustice
must
make
,
though
he
goe
not
to
see
the
place
,
where
the
force
is
,
for
without
this
enquiry
,
there
can
be
no
restitution
.
28.
The
forme
of
a
precept
to
the
Sheriffe
,
to
returne
a
Iury
,
and
the
forme
of
the
Enquiry
,
Presentment
,
or
verdict
,
you
shall
finde
in
the
Title
of
warrants
and
presidents
.
29.
And
if
upon
such
Enquiry
,
30.
But
aswell
the
putting
out
as
also
the
holding
out
must
of
necessity
be
found
and
that
by
expresse
words
in
the
Indictment
.
31.
And
this
restitution
,
the
Iustice
of
peace
may
make
himselfe
;
Or
he
may
make
his
warrant
to
the
Sheriffe
to
doe
it
:
Or
else
he
may
certifie
such
presentment
,
or
indictment
taken
before
him
,
into
the
Kings
Bench
,
and
so
leave
the
restitution
to
be
awarded
,
out
of
that
Court.
32.
But
the
Iustices
of
Assise
and
gaole
delivery
,
nor
Iustices
of
peace
at
their
generall
Sessions
,
cannot
,
as
it
seemeth
,
make
or
award
restitution
,
except
the
Indictment
were
found
before
them
,
but
the
Iustices
of
peace
only
or
some
of
them
that
were
present
at
the
enquiry
,
33.
And
therefore
if
the
record
,
sc.
the
presentment
of
such
force
shall
be
certified
by
the
Iustice
of
peace
into
the
Kings
Bench
;
Or
that
the
same
prefentment
or
indictment
shall
be
removed
thither
by
Certiorari
there
the
Iustice
of
the
Kings
Bench
may
award
a
writ
of
Restitution
to
the
Sheriffe
of
the
same
County
to
restore
possession
to
the
party
so
expelled
.
34.
After
it
shall
be
found
by
such
Enquiry
,
35.
The
forme
of
such
warrant
from
the
Iustice
of
peace
to
the
Sheriffe
to
make
restitution
you
may
see
in
the
Title
of
warrants
and
presidents
.
36.
But
the
Iustice
of
peace
may
not
,
in
any
wise
make
restitution
without
such
inquiry
first
had
,
and
such
force
thereby
found
;
And
if
the
Iustice
shall
make
restitution
without
inquiry
,
it
seemeth
to
be
punishable
in
the
Starchamber
.
37.
Also
this
restitution
ought
to
be
made
to
none
but
to
him
only
that
was
put
out
,
so
that
if
the
Father
be
put
out
by
force
and
dyeth
(
after
inquiry
and
before
restitution
)
his
heire
shall
not
have
restitution
.
38.
Also
such
restitution
must
be
made
,
only
where
a
man
is
put
out
,
or
holden
out
,
&c.
of
house
,
or
land
,
and
is
not
to
be
understood
of
a
Rent
Common
,
Advowson
,
or
such
like
.
39.
Also
the
Iustice
may
make
restitution
,
notwithstanding
any
offer
of
Traverse
,
but
yet
upon
Traverse
tendred
the
safest
way
(
for
the
Iustice
of
peace
)
seemeth
to
be
,
for
him
to
deliver
,
or
certifie
the
presentment
into
the
Kings
Bench
,
and
so
to
referre
the
further
proceedings
therein
to
them
.
40.
And
although
these
statutes
doe
inflict
no
penaltie
upon
the
Iustice
of
peace
if
they
shall
not
execute
these
statutes
,
yet
(
if
upon
complaint
or
other
notice
to
them
given
of
such
force
)
they
shall
not
at
least
remove
the
force
,
record
it
,
and
commit
the
offendors
,
they
are
punishable
in
the
Starchamber
.
41.
Although
the
Iustice
of
peace
ought
to
commit
to
the
gaole
and
may
fine
all
such
as
he
shall
see
continuing
the
force
at
his
comming
to
the
place
,
yet
upon
a
force
found
by
the
inquiry
only
,
and
not
viewed
and
seene
by
the
Iustice
,
he
may
neither
fine
,
nor
send
to
the
gaole
the
said
offendors
(
by
the
statute
of
8.
H.
6.
which
appointeth
the
inquiry
)
for
the
Iustice
hath
power
by
the
said
statute
to
make
restitution
only
as
saith
Master
Lambert
,
44.
And
though
any
one
Iustice
of
peace
may
proceede
in
every
of
these
former
cases
of
forceible
Entrie
,
or
deteiner
,
as
aforesaid
,
yet
if
two
or
more
Iustices
shall
joine
therein
together
,
it
is
the
better
,
fo●
plus
vident
oculi
,
quam
oculus
,
&
securius
expediuntur
negotia
pluribus
●●●missa
.
Co.
4.
46.
46.
47.
And
for
that
the
Iustices
of
peace
,
to
whom
this
writ
shall
be
delivered
,
is
herein
but
a
minister
,
and
is
to
certifie
that
which
he
shall
doe
therein
,
I
will
here
set
downe
the
manner
how
hee
shall
proceede
to
execute
this
writ
:
1.
When
the
Iustice
of
Peace
shall
come
to
the
place
where
the
force
is
supposed
by
this
writ
,
he
may
cause
three
Oyes
for
silence
to
be
made
,
and
then
he
may
make
Proclamation
in
the
Kings
name
to
this
effect
.
The
Kings
Majesties
Iustice
of
Peace
straightly
chargeth
and
in
his
Majesties
name
commandeth
all
and
every
person
to
keepe
silence
,
whilst
his
Majesties
writ
,
&c.
be
read
,
and
proclamation
be
thereupon
made
accordingly
.
2.
Then
may
he
read
,
or
cause
to
be
read
,
the
writ
,
or
may
declare
the
effect
thereof
.
3.
Then
let
three
other
Oyes
be
made
,
And
thereupon
make
proclamation
againe
as
followeth
:
His
Majesties
said
Iustice
doth
in
his
Highnesse
name
and
by
vertue
of
his
Majesties
writ
,
straightly
charge
and
command
that
no
manner
of
person
of
what
estate
,
degree
,
or
condition
soever
,
now
being
within
the
house
of
B.
&c.
(
named
in
the
said
writ
)
shall
goe
armed
or
keepe
force
of
armour
,
or
weapon
,
nor
doe
any
thing
there
,
or
elsewhere
,
in
disturbance
of
his
Majesties
peace
,
or
in
offence
of
the
stat.
made
at
North-hampton
,
in
the
2.
yeare
of
King
E.
3.
upon
paine
of
loosing
his
said
armour
and
weapons
,
and
of
imprisoning
his
bodie
at
his
Majesties
pleasure
.
God
save
the
King
.
4.
Then
the
Iust.
of
P.
may
enter
,
and
search
whether
there
be
any
force
of
Armour
,
or
weapon
worne
or
borne
,
against
this
proclamation
,
or
otherwise
,
he
may
inquire
thereof
by
a
Iury
,
for
so
the
writ
it selfe
doth
warrant
him
;
And
if
after
proclamation
any
such
be
found
,
he
ought
to
imprison
the
offendors
,
and
to
seise
to
the
K.
use
and
preise
(
by
the
oathes
of
some
present
)
the
armour
and
weapons
so
found
with
them
,
and
the
offendors
so
imprisoned
are
to
remaine
in
prison
untill
that
some
other
commandement
bee
given
concerning
them
from
his
Majestie
,
viz.
by
writ
out
of
the
Chancerie
.
5.
But
if
upon
the
Proclamation
made
they
doe
depart
in
peaceable
manner
,
then
hath
the
Iust.
no
warrant
by
the
writ
to
commit
them
to
prison
,
nor
to
take
away
their
Armour
.
6.
But
when
the
Iustice
hath
removed
the
force
(
upon
his
writ
)
he
may
not
put
the
party
that
was
put
out
,
48.
The
forme
of
this
writ
upon
the
statute
of
North-hampton
you
may
see
in
Fitz.
N.B.
249.
51.
The
manner
to
execute
this
statute
,
by
the
Iustice
of
peace
(
ex
officio
)
seemeth
to
be
all
one
,
as
before
,
where
he
hath
a
writ
delivered
him
,
saving
that
when
he
doth
this
ex
officio
and
without
writ
,
he
needeth
not
to
make
any
proclamation
,
nor
to
send
any
certificate
into
the
Chancery
.
But
the
Iustice
may
goe
to
the
place
where
the
force
is
,
and
if
it
be
in
a
house
may
enter
,
and
search
if
any
force
of
Armour
,
or
weapon
be
worne
and
borne
against
this
statute
.
And
if
any
such
offendors
be
found
,
he
may
commit
them
to
prison
and
may
seise
and
preise
the
Armour
and
weapon
so
found
with
them
,
and
he
ought
to
record
all
that
which
he
shall
doe
in
this
behalfe
and
the
same
to
Estreate
into
the
Exchequer
that
the
King
may
be
answered
of
the
Armour
,
or
of
the
value
thereof
.
52.
But
here
againe
the
Iustice
must
not
make
any
restitution
of
the
possession
to
the
party
ousted
but
must
only
remove
the
force
.
53.
And
concerning
the
offendors
so
found
,
and
committed
by
the
said
Iustice
of
peace
,
R.
2.
&
8.
H.
6.
Or
else
the
said
Iustice
may
record
such
force
,
and
commit
the
offendors
and
after
certifie
the
record
into
the
Kings
Bench
or
to
the
Iustices
of
gaole
delivery
,
or
to
the
generall
Sessions
of
the
peace
,
but
if
he
commit
and
fine
the
offendors
he
must
Estreate
the
same
into
the
Exchequer
.
54.
So
that
these
statutes
doe
now
give
full
remedy
,
and
doe
prohibit
,
and
are
made
against
these
three
degrees
or
sorts
of
force
,
viz.
against
2.
Such
as
enter
with
force
,
and
then
hold
peaceably
.
3.
Such
as
doe
both
enter
forceibly
,
and
hold
forceibly
.
55.
Now
it
is
requisit
to
show
how
the
Iustice
of
peace
shall
demeane
himselfe
in
the
execution
of
these
statutes
;
I
will
therefore
proceede
to
give
him
some
further
light
in
these
seven
particulars
following
:
1.
First
what
is
a
forceible
Entrie
,
and
what
is
a
forceible
holding
within
the
meaning
of
these
statutes
.
2.
Who
may
commit
a
forceible
Entrie
,
&c.
and
upon
whom
.
3.
Where
a
force
or
forceible
holding
is
justifieable
or
lawfull
.
4.
What
,
and
how
many
severall
remedies
the
party
hath
that
is
so
put
,
or
kept
out
of
his
possessions
.
5.
The
manner
of
proceeding
of
the
Iustice
of
peace
by
Enquiry
.
6.
Of
restitution
to
be
made
to
the
party
so
put
out
,
by
whom
and
to
whom
.
7.
What
causes
there
may
be
for
staying
the
Iustice
of
peace
from
making
restitution
.
What
is
a
forceible
Entrie
or
holding
within
these
statutes
.
CHAP.
30.
1.
OUr
Law
taketh
knowledge
of
two
manners
of
force
,
the
one
may
be
termed
a
force
in
judgement
of
Law
,
which
accompteth
every
private
Trespasse
to
be
a
force
,
so
as
if
I
doe
but
passe
over
another
mans
ground
without
licence
,
he
may
have
his
action
of
Trespasse
against
me
,
Quare
vi
&
armis
,
&c.
2.
The
other
manner
of
force
is
more
apparant
,
and
alwayes
carryeth
some
fearefull
shew
,
and
matter
of
terror
with
it
.
3.
This
last
sort
of
force
is
,
that
which
is
prohibited
by
these
statutes
,
and
therefore
note
that
every
force
,
punishable
by
these
statutes
must
have
one
of
these
two
badges
,
sc.
it
must
be
either
Manuforti
,
or
multitudine
.
4.
Manuforti
,
sc
.
either
with
apparent
violence
(
in
deed
,
5.
Multitudine
,
10.
H.
7.
12.
The
law
properly
calleth
it
a
multitude
,
when
there
be
three
or
moe
in
one
company
.
6.
If
therefore
one
,
7.
Much
more
if
(
being
so
entred
)
hee
or
they
shall
there
offer
violence
,
or
feare
of
harme
,
8.
So
is
it
if
one
shall
enter
peaceably
(
the
doore
being
open
,
10.
If
he
or
they
that
have
entred
peaceably
,
shall
after
use
words
to
any
in
possession
to
this
effect
,
11.
So
it
is
if
diverse
persons
shall
come
with
weapons
(
not
usually
borne
by
them
)
to
a
house
that
is
open
,
13.
Note
that
though
a
man
doe
actually
use
no
force
in
his
Entry
,
yet
if
he
doe
come
so
appointed
,
either
with
weapon
,
or
company
that
other
men
may
be
reasonably
afraid
that
he
mindeth
to
make
his
way
by
force
,
14.
Also
it
seemeth
that
every
Entrie
into
another
mans
house
,
or
ground
which
is
made
with
force
(
sc.
manuforti
,
cum
multitud
.
)
either
with
apparant
violence
offered
to
the
person
of
any
other
,
or
furnished
with
weapons
,
or
company
which
may
cause
feare
)
though
it
be
but
to
cut
,
or
to
take
away
another
mans
Corne
,
grasse
,
or
other
goods
,
or
to
fell
or
crop
wood
,
or
to
doe
any
other
like
trespasse
,
though
he
doe
not
put
the
partie
out
of
his
possession
,
yet
it
seemeth
to
be
a
Forceible
Entrie
,
punishable
by
these
statutes
.
15.
But
if
the
Entrie
were
peaceable
,
and
after
such
Entry
made
,
they
cut
or
take
away
any
other
mans
Corne
,
Br.
Forc.
1.
19.
If
a
Disseisor
hath
entred
peaceably
,
20.
But
note
,
21.
Note
also
,
if
one
that
hath
right
to
enter
upon
land
,
22.
Note
also
,
that
if
a
man
shall
enter
with
force
(
into
house
or
land
)
although
he
obtaineth
not
,
23.
If
by
faire
meanes
,
24.
So
is
it
,
if
he
shall
enter
peaceably
,
25.
So
it
is
,
if
I
shall
take
a
man
being
out
of
his
house
,
and
then
I
doe
put
or
send
into
the
house
my
servant
,
or
some
other
,
26.
So
it
is
,
if
he
whose
Entry
is
lawfull
,
27.
Forceible
Deteiner
,
28.
Note
also
,
though
the
Entrie
were
at
the
first
peaceable
,
29.
If
the
Iustice
of
peace
shall
come
to
the
place
or
house
,
that
is
supposed
to
be
holden
with
force
,
30.
So
it
is
,
if
when
the
Iustice
of
Peace
entreth
the
house
or
ground
,
33.
If
a
man
that
hath
peaceably
entred
into
an
house
,
will
bestow
men
with
force
(
scil.
with
harnesse
,
38.
And
it
seemeth
that
to
threaten
to
maime
,
beate
,
or
to
doe
other
bodily
hurt
to
B.
in
the
case
aforesaid
amounteth
to
a
forceible
Entrie
,
or
deteiner
,
for
that
death
may
ensue
upon
such
beating
,
or
hurt
,
See
39.
H.
6.
50.
7.
E.
4.
21.
40.
Also
when
B.
shall
come
to
make
his
Entrie
as
aforesaid
,
41.
So
it
is
if
A.
be
in
possession
of
a
house
,
Co.
4.
43.
42.
A
morgageth
his
house
to
B.
upon
condition
,
that
if
A.
shall
pay
to
B.
such
a
day
40.
Richard
Godfrey
in
a
case
betweene
Willowes
and
Thurger
,
which
opinion
I
conceive
to
be
good
Law
,
for
the
possession
of
the
morgager
,
after
the
morgage
by
agreement
was
in
Law
the
possession
of
the
morgagee
.
43.
44.
And
note
that
wheresoever
mine
Entrie
is
lawfull
,
45.
46.
47.
So
it
is
if
a
man
shall
distraine
for
his
rent
,
48.
And
in
these
cases
(
of
a
rent
or
common
)
the
Iustice
of
peace
upon
complaint
to
him
made
,
may
remove
such
force
,
and
upon
view
of
such
force
may
record
it
,
and
may
therefore
imprison
and
fine
such
offendors
,
but
cannot
award
restitution
,
sc.
cannot
restore
the
party
to
his
rent
or
Common
(
which
are
to
be
taken
and
used
in
another
mans
land
)
for
restitution
is
not
to
be
made
,
but
only
of
the
house
or
land
as
you
may
see
hereafter
in
its
proper
place
.
Who
may
commit
a
forceible
Entrie
,
&c.
CHAP.
31.
1.
ONe
person
alone
may
commit
or
make
a
forceible
Entrie
or
deteiner
,
See
Br.
Impris
.
43.
45.
75.
101.
3.
But
if
an
infant
commandeth
another
to
enter
or
hold
with
force
to
his
use
,
Co.
9.
72.
&
Co.
11.
61.
6.
But
if
A.
that
shall
command
or
counsell
others
thereto
,
shall
also
be
present
at
the
time
of
the
Entrie
,
7.
If
diverse
doe
come
in
one
company
,
to
enter
into
lands
,
&c.
where
their
entry
is
not
lawfull
,
8.
An
Indictment
upon
the
statute
of
8.
H.
6.
for
the
King
,
H.
6.
nor
any
other
action
which
might
prove
him
out
of
possession
of
the
land
.
9.
And
if
the
K.
termor
be
put
out
by
force
,
H.
6.
that
he
was
put
out
and
the
King
disseised
.
But
he
must
have
an
Information
of
Intrusion
in
the
Exchequer
.
10.
11.
If
a
forceible
entry
,
Caroli
ca.
13.
restitution
shall
be
made
to
Tenant
for
yeares
,
Tenant
at
will
,
Coppiholder
,
Tenant
by
Elegit
or
statute
merchant
or
of
the
staple
.
12.
Some
held
opinion
that
before
this
statute
the
Iustice
of
peace
may
put
them
in
possession
againe
,
and
of
this
opinion
was
Maister
Marrow
,
and
Maister
Lamb.
and
to
maintaine
this
opinion
these
reasons
may
be
given
.
1.
First
,
for
that
the
words
of
the
statutes
seeme
to
warrant
it
,
for
the
statute
15.
R.
2.
in
the
Preamble
thereof
,
as
also
the
stat.
8.
H.
6.
in
the
body
thereof
hath
this
word
(
possessions
)
which
word
most
properly
doth
extend
to
a
lease
for
yeares
,
&c.
2.
Again
,
that
clause
of
the
stat.
8.
H.
6.
which
provideth
for
the
restitution
is
thus
,
if
it
be
found
that
any
doth
contrary
to
this
statute
,
then
the
said
Iustice
,
&c.
shall
put
the
party
so
put
out
in
full
possession
,
&c.
13.
Now
it
cannot
be
denied
,
but
that
he
which
by
force
expulseth
Lessee
for
yeares
,
tenant
at
will
,
or
a
coppiholder
doth
contrary
to
this
statute
,
also
they
bee
the
parties
put
out
,
and
the
same
mischiefe
and
inconvenience
which
these
lawes
do
labour
to
remove
,
is
to
Lessee
for
yeares
,
tenant
at
will
,
and
to
the
coppiholder
;
Ed.
Co.
11.
34
)
maketh
every
sentence
to
have
his
operation
to
suppresse
all
the
mischiefes
before
the
said
Act
,
and
principally
those
that
are
specified
in
these
acts
.
Co.
11.
73.
b.
&
Co.
3.
7.
15.
Others
held
the
contrary
,
sc.
that
Lessee
for
yeares
,
nor
a
coppiholder
,
or
tenant
at
will
cannot
have
restitution
by
the
hands
of
the
Iustice
of
Peace
,
and
this
was
the
common
opinion
,
their
reason
is
,
for
that
the
words
in
the
statute
of
8.
H.
6.
(
in
that
clause
which
specially
provideth
for
the
restitution
)
are
thus
,
The
said
Iustices
,
&c.
shall
reseise
the
said
lands
or
tenements
,
and
thereof
shall
put
the
party
so
put
out
in
full
possession
,
&c.
which
words
(
lands
or
tenements
)
are
only
to
be
understood
of
them
that
have
inheritance
,
H.
6.
in
the
body
thereof
hath
these
words
,
where
any
doe
make
any
Forceible
Entry
into
lands
,
tenements
,
or
other
possessions
,
or
them
hold
forceibly
,
&c.
which
words
,
possessions
extendeth
to
a
lease
for
yeares
,
&c.
And
then
the
words
(
possessions
)
being
in
the
same
statute
,
we
shall
find
that
a
statute
is
to
bee
expounded
upon
all
the
parts
thereof
together
,
Edw.
Cokes
Reports
.
16.
But
it
seemeth
to
those
which
hold
this
last
opinion
,
that
if
a
Lessee
for
yeares
,
Tenant
at
will
,
or
a
Coppiholder
,
be
forceibly
put
out
,
or
held
out
by
an
estranger
,
if
they
will
have
restitution
,
their
indictment
must
be
made
and
preferred
in
the
lessor
or
Lords
name
,
Hen.
6.
for
that
they
have
no
Freehold
.
viz.
in
unum
messuag
.
apud
&c.
adtunc
existent
.
liberum
tenementum
.
M.D.
armiger
vi
&
armis
,
&c.
Manuforti
&
illicitè
tunc
inde
expulerunt
&
ejecerunt
&
pref.
M.D.
inde
injuste
dissesiverunt
.
18.
And
by
this
opinion
if
a
Lessee
for
yeares
,
tenant
at
will
,
or
a
Coppiholder
be
forceibly
put
out
by
their
Lessor
or
Lord
,
such
Lessee
or
Coppiholder
hath
no
remedy
at
all
by
indictment
upon
this
statute
,
for
they
have
no
Freehold
,
and
therefore
can
have
no
restitution
upon
this
statute
.
19.
20.
And
so
by
this
last
opinion
,
the
very
mischiefe
specified
and
intended
to
be
helped
by
these
statutes
,
should
seeme
still
to
remaine
in
all
cases
betweene
such
Lessees
,
and
Coppiholders
,
and
their
Lessors
or
Lords
,
so
as
there
can
be
no
inquiry
,
nor
restitution
,
in
cases
of
Forceible
Entry
or
detainer
betweene
them
.
21.
But
howsoever
the
law
be
taken
for
the
indictment
or
restitution
thereupon
,
yet
in
case
that
Lessee
for
yeares
,
tenant
at
will
,
or
a
Coppiholder
be
forceibly
put
out
,
or
held
out
,
either
by
a
stranger
,
or
by
their
Lessor
,
or
Lord
,
the
Iustices
of
Peace
,
15.
R.
2.
ca.
2.
may
safely
remove
the
force
upon
view
thereof
,
and
may
commit
the
offendors
to
prison
,
and
then
the
Lessee
for
yeares
,
or
Coppiholder
may
presently
reenter
,
if
peaceably
they
can
so
doe
,
and
so
may
have
his
possession
againe
without
any
restitution
made
him
by
the
Iustices
.
22.
But
these
statutes
are
now
by
a
statute
made
in
10.
Whereas
there
is
one
good
Act
made
and
established
in
England
in
the
eight
yeare
of
the
raigne
of
King
Henry
the
sixt
,
against
such
persons
as
should
make
forceible
Entries
into
lands
,
tenements
,
and
other
possessions
,
or
them
should
forceibly
hold
,
and
one
very
good
proviso
;
or
clause
in
the
said
Act
contained
,
as
ensueth
,
viz.
Provided
alwayes
that
they
which
keepe
their
possessions
with
force
in
any
lands
and
tenements
,
whereof
they
or
their
ancestors
have
continued
their
possession
in
the
same
by
three
yeares
or
more
,
be
not
endamaged
by
force
of
the
said
statute
.
And
whereas
diverse
of
the
Kings
Majesties
good
and
loving
Subjects
and
their
Ancestors
,
or
those
whose
estate
they
have
for
many
yeares
together
above
the
space
of
three
yeares
,
or
more
,
have
beene
in
quiet
possession
of
their
dwelling
houses
,
and
other
their
lands
and
possessions
,
and
now
of
late
divers
of
his
Majesties
said
Subjects
having
Entries
made
upon
their
possessions
,
having
had
such
quiet
and
long
possession
,
for
disturbing
of
such
Entries
,
and
for
keeping
of
their
possession
against
such
enterers
,
by
colour
of
Indictments
of
forceible
Entrie
or
forceible
keeping
possession
found
against
them
,
by
meanes
of
the
oathes
of
such
enterers
,
have
beene
removed
and
put
out
of
their
dwelling
houses
and
other
their
possessions
,
which
they
have
quietly
held
by
the
space
of
three
yeares
together
,
or
longer
time
,
next
before
such
indictments
found
against
them
,
against
the
true
meaning
and
intent
of
the
said
proviso
,
or
clause
contained
in
the
said
Act
,
for
remedy
of
which
inconvenience
and
for
true
declaration
and
explanation
of
the
Law
therein
,
be
it
ordained
,
declared
and
enacted
by
the
authority
of
this
present
parliament
that
no
restitution
upon
any
indictment
of
forceible
Entrie
,
or
holding
with
force
,
be
made
unto
any
person
,
or
persons
,
if
the
person
or
persons
so
indicted
hath
or
have
had
the
occupation
,
or
hath
or
have
beene
in
the
quiet
possession
by
the
space
of
three
whole
yeares
together
next
before
the
day
of
such
indictment
so
found
,
and
his
,
her
or
their
estate
or
estates
therein
not
ended
,
nor
determined
which
the
party
indicted
,
shall
and
may
alledge
for
stay
of
restitution
,
and
restitution
to
stay
,
untill
that
be
tryed
if
the
other
will
deny
or
traverse
the
same
.
And
if
the
same
allegations
be
tryed
against
the
same
person
or
persons
so
indicted
,
then
the
same
person
or
persons
so
indicted
to
pay
such
Costs
and
damages
to
the
other
party
,
as
shall
be
assessed
by
the
Iudges
or
Iustices
,
before
whom
the
same
shall
be
tryed
,
the
same
Costs
and
damages
to
be
recovered
and
levyed
as
is
usuall
for
Costs
and
damages
contained
in
Iudgement
upon
other
Actions
.
And
be
it
further
enacted
by
the
authority
aforesaid
,
that
such
Iudges
,
Iustices
,
or
Iustice
of
peace
as
by
reason
of
any
Act
,
or
Acts
of
Parliament
,
now
in
force
,
are
authorized
and
enabled
upon
enquiry
to
give
restitution
of
possession
unto
the
Tenants
of
any
estate
of
Freehold
,
of
their
lands
,
or
tenements
,
which
shall
be
entred
upon
with
force
,
or
from
them
withholden
by
force
,
shall
by
reason
of
this
present
Act
,
have
the
like
,
and
the
same
authority
and
ability
from
henceforth
(
upon
indictment
of
such
forceible
Entries
,
or
forceible
withholding
before
them
duely
found
)
to
give
like
restitution
of
possession
unto
Tenants
for
Terme
of
yeares
,
Tenants
by
Coppy
of
Court
Roll
,
Guardians
by
Knights
service
,
Tenants
by
Elegit
,
Statute
Merchants
,
and
Staple
,
of
lands
or
tenements
by
them
so
holden
,
which
shall
be
entred
upon
by
force
,
or
holden
from
them
by
force
.
And
be
it
further
enacted
by
the
authority
aforesaid
,
that
all
and
every
Iustice
and
Iustices
of
Assize
,
shall
for
ever
hereafter
in
their
severall
circuits
respectively
have
the
like
power
and
authority
,
to
all
intents
and
purposes
to
inquire
,
heare
and
determine
of
all
forceible
Entries
,
and
forceible
holding
,
and
all
other
offences
aswell
against
the
said
statute
of
Octavo
of
King
Henry
the
sixt
,
as
against
this
present
statute
,
and
to
award
restitution
of
possession
in
all
cases
,
as
any
other
Iudge
,
or
Iustice
,
or
Iustices
of
the
peace
could
,
or
may
doe
by
this
Act
,
or
by
any
other
Statute
of
force
within
this
Realme
.
23.
Now
to
shew
something
more
what
the
Law
accompteth
to
be
force
,
and
what
weapons
Omnes
illos
dicimus
armatos
,
24.
Againe
,
Si
quis
venerit
cum
armis
,
&
dejecerit
,
vis
tamen
armata
dicitur
,
sufficit
enim
terror
armorum
,
Si
quis
venerit
sine
armis
,
&
in
ipsa
concertatione
,
ligna
sumpserit
fustes
,
aut
lapides
,
vis
dicitur
armata
.
25.
And
so
to
use
casting
of
stones
,
hot
coales
,
scalding
water
,
or
lead
,
or
any
other
thing
wherewith
one
may
hurt
the
person
of
another
,
shall
be
said
to
be
vis
armata
.
26.
Next
where
a
force
,
27.
Force
being
opposed
against
the
Law
,
is
utterly
forbidden
but
being
used
in
the
maintenance
of
the
Law
,
and
with
the
warrant
of
Law
,
it
is
allowed
,
for
that
it
mainetaineth
the
peace
of
the
realme
.
28.
And
so
first
it
is
a
lawfull
force
,
29.
30.
31.
Also
it
is
a
lawfull
force
which
Iustices
of
peace
,
Sheriffes
,
32.
Also
in
these
cases
following
,
it
is
lawfull
for
the
K.
officers
,
33.
For
the
apprehending
of
any
person
for
treason
,
felony
,
13.
E.
4.
9.
Br.
Coron.
159.
E.
3.
19.
Crom.
171.
Iac.
Reg.
39.
Lastly
,
in
all
cases
where
the
K.
is
a
party
,
or
hath
Interest
in
the
businesse
,
Co.
5.
91.
And
yet
the
Sheriffe
nor
his
officers
may
not
breake
open
any
mans
house
to
execute
the
Kings
proces
,
upon
the
body
or
goods
of
any
person
at
the
suite
of
any
subject
.
Co.
5.
92.
95.
40.
But
when
a
house
is
recovered
by
any
reall
action
,
or
by
ejectione
firmae
,
there
the
Sheriffe
may
breake
the
house
and
deliver
seisin
or
possession
to
the
demandant
or
plaint
,
for
after
judgement
it
is
no
more
(
in
the
right
or
judgement
of
Law
)
the
house
of
the
tenant
or
defendant
.
Co.
5.
91.
41.
But
note
that
the
officer
,
before
he
breake
open
the
house
or
doores
of
any
person
,
1.
First
,
that
it
is
a
mans
Castle
for
his
defence
as
aforesaid
.
2.
Also
a
mans
house
hath
the
priviledges
to
protect
him
against
any
arrest
by
force
of
any
processe
at
the
suite
of
any
subject
as
aforesaid
.
Co.
11.
82.
4.
If
Theeves
shall
come
to
a
mans
house
to
rob
,
or
murder
him
,
5.
Cromp.
70.
a.
6.
Also
if
a
man
being
in
his
house
,
7.
And
yet
if
he
or
any
of
his
company
shall
kill
the
other
,
or
any
of
the
other
company
in
such
defence
of
himselfe
or
his
,
43.
But
if
a
man
be
threatned
that
if
he
come
to
such
a
place
,
44.
If
there
be
an
attempt
made
to
beat
a
man
,
his
wife
,
father
,
45.
Also
the
servant
may
justifie
to
beat
another
in
defence
of
his
master
.
Br.
Trespas
.
217.
46.
47.
Also
if
there
be
an
attempt
made
to
disseise
me
of
my
land
,
48.
A
Keeper
doth
enter
and
chase
upon
my
land
,
pretending
this
to
be
within
his
purliew
,
where
it
is
not
,
Where
Forceible
Detainer
of
possession
is
lawfull
.
CHAP.
32.
4.
But
here
it
seemeth
these
foure
diversities
are
to
bee
observed
:
8.
H.
6.
ca.
9.
2.
Secondly
,
where
the
party
in
possession
hath
continued
his
three
yeares
possession
peaceably
,
S.
H.
6.
And
three
yeares
of
such
possession
shall
not
aide
him
.
S.
H.
6.
and
by
the
statute
of
10.
Caroli
ca.
13.
and
not
removed
from
the
possession
upon
an
Indictment
,
but
if
a
disseisor
hath
continued
his
possession
forceibly
by
the
space
of
20.
yeares
together
,
yet
he
may
be
indicted
upon
the
said
statute
of
8.
H.
6.
before
a
Iustice
of
peace
,
of
the
forceible
detayning
of
the
same
,
and
the
same
being
found
the
said
Iustice
of
Peace
is
to
reseise
the
same
,
and
to
award
restitution
to
the
party
disseised
,
or
so
put
out
.
4.
Fourthly
,
where
the
party
hath
continued
such
his
possession
three
yeares
without
interruption
,
and
where
his
possession
hath
been
interrupted
or
discontinued
,
for
if
a
man
hath
been
in
peaceable
possession
of
land
,
&c.
by
the
space
of
three
yeares
and
above
,
by
a
good
title
,
and
then
is
disseised
and
expelled
by
force
,
and
the
disseisee
reentreth
peaceably
,
or
the
disseisor
is
therefore
indicted
upon
the
statute
of
8.
H.
6.
and
the
disseisee
is
thereupon
restored
,
8.
H.
6.
5.
If
a
Disseisor
hath
continued
his
possession
peaceably
three
yeares
,
and
after
the
disseisee
doth
reenter
,
6.
Also
if
he
that
hath
been
a
lawfull
possessor
of
lands
by
the
space
of
Twenty
yeares
together
,
be
once
clearely
and
wholly
removed
from
the
possession
of
the
same
land
,
hee
cannot
come
with
force
,
or
multitude
,
to
put
himselfe
in
possession
thereof
againe
,
and
to
detayne
the
same
with
force
,
because
his
possession
was
once
interrupted
,
and
if
he
be
indicted
(
upon
the
statute
of
8.
H.
6.
)
for
such
Forceible
Entry
,
he
shall
not
be
relieved
(
touching
the
restitution
)
by
the
stat.
of
10.
Carol.
for
that
hee
had
not
the
occupation
of
the
said
lands
,
nor
had
been
in
quiet
possession
thereof
by
the
space
of
three
yeares
together
,
next
before
the
day
of
such
indictment
found
.
How
many
severall
remedies
the
party
hath
which
forceibly
is
either
put
out
,
or
kept
out
of
the
possession
of
his
houses
or
lands
.
CHAP.
33.
1.
FIrst
,
the
party
so
grieved
(
having
an
estate
for
life
,
8.
H.
6.
against
such
disseisor
,
and
therein
if
the
defendant
be
attainted
of
force
,
he
shall
fyne
to
the
King
,
and
also
answere
to
the
plaintiffe
his
treble
damages
,
and
treble
Costs
of
suit
,
and
also
the
plaintiffe
shall
thereupon
have
a
writ
of
restitution
to
restore
him
to
his
former
estate
.
2.
But
this
action
being
the
suit
of
the
party
,
and
onely
for
the
right
,
Br.
Force
11.
3.
Also
the
party
so
grieved
if
hee
will
loose
the
benefit
of
his
treble
damages
and
costs
,
2.
E.
3.
cap.
3.
the
forme
of
which
writ
you
may
see
F.
N.
B.
249.
f.
H.
6.
for
such
forceible
entry
or
deteiner
,
which
being
found
there
,
6.
Also
the
party
so
grieved
,
for
a
more
speedy
remedy
,
may
complaine
to
any
one
or
more
Iustices
of
peace
of
the
same
County
of
the
said
force
,
9.
Upon
default
of
apparance
of
those
Iurors
,
the
Iust.
of
peace
may
award
an
alias
and
after
that
Pluries
in
finite
,
till
they
come
,
10.
And
although
any
of
such
Iurors
shall
not
have
40
.
s
.
land
per
annum
,
yet
their
presentment
of
such
force
is
good
for
the
King
,
so
as
the
offendors
shall
be
fined
to
the
King
.
But
the
party
shall
have
no
restitution
upon
such
a
presentment
if
it
be
pleaded
at
or
before
the
time
of
the
awarding
of
the
restitution
,
for
the
statute
of
8.
H.
6.
ca.
9.
requireth
that
such
Iuror
shall
have
40
.
s
.
freehold
per
annum
at
the
least
.
11.
If
the
Sheriffe
shall
returne
smaller
issues
upon
the
Enquirors
then
the
statute
doth
appoint
,
yet
the
party
indicted
shall
not
impeach
the
enquiry
therefore
,
neither
is
it
cause
to
impeach
the
enquiry
,
though
the
Iustice
of
peace
doe
not
goe
to
see
the
place
where
the
force
is
.
12.
And
it
is
convenient
upon
such
enquiry
that
the
Evidence
be
given
openly
to
the
Iury
,
to
the
intent
it
may
appeare
to
the
Iustices
of
peace
or
Court
,
whether
there
shall
be
reasonable
cause
to
stay
restitution
or
no
,
after
the
indictment
found
,
See
Dyer
.
122.
Of
restitution
to
be
made
to
the
party
put
out
.
CHAP.
34.
1.
I
Will
here
shortly
recite
the
words
of
the
statute
,
2.
Here
we
see
that
after
such
forceible
Entrie
,
3.
And
herein
the
Iustice
of
peace
needeth
not
to
stay
,
or
stand
upon
the
right
and
title
of
either
of
the
parties
,
as
is
said
before
.
4.
But
no
restitution
shall
be
made
,
but
where
the
forceible
entry
or
detainer
is
first
found
by
Inquisition
.
Br.
force
27.
5.
Concerning
this
Inquisition
or
Indictment
,
the
Iustices
of
peace
shall
doe
well
to
peruse
and
regard
the
same
,
7.
And
this
putting
out
,
is
to
be
understood
only
of
the
house
,
or
land
,
ca.
29.
herein
declared
.
9.
Also
the
indictment
must
have
these
words
,
sc.
adhuc
extra
tenent
,
11.
Also
one
of
these
two
words
Manuforti
or
cum
multitudine
seeme
to
be
materiall
in
the
indictment
,
H.
6.
and
concluding
contra
formam
statut
.
predict
.
or
by
some
other
words
in
the
Indictment
:
See
the
presidents
herein
in
the
title
of
warrants
and
presidents
.
14.
A
man
is
indicted
that
he
entred
with
force
,
and
held
with
force
,
and
upon
the
traverse
,
it
is
found
that
he
entred
with
force
,
15.
So
if
two
be
indicted
of
a
forceible
Entrie
,
or
deteiner
,
16.
If
it
be
found
by
one
Enquest
,
that
A.
put
me
out
by
force
,
17.
If
it
be
found
by
one
Enquest
that
A.
did
put
mee
out
by
force
,
and
by
another
Enquest
taken
at
the
same
Sessions
that
B.
did
put
me
out
by
force
,
I
may
chuse
upon
whether
of
these
indictments
I
will
be
restored
,
18.
Who
shall
award
and
make
this
restitution
.
CHAP.
35.
1.
AFter
the
force
is
found
by
the
Enquest
,
the
Iustice
of
peace
(
before
whom
the
said
force
shall
be
so
found
)
may
himselfe
put
the
party
in
possession
againe
,
2.
The
forme
of
the
precept
to
the
Sheriffe
to
make
restitution
you
may
see
postea
tit
.
of
Warrants
and
presidents
.
3.
4.
And
yet
the
Iustices
of
the
Kings
Bench
(
in
regard
of
their
supreme
authoritie
in
all
cases
of
the
Crowne
)
either
upon
certificate
(
to
them
made
by
the
Iustice
of
peace
,
6.
The
Sheriffe
,
if
need
be
may
take
the
power
of
the
County
to
execute
the
precept
of
the
Iu.
of
peace
herein
.
7.
And
if
the
Sheriffe
upon
such
a
precept
,
or
upon
a
writ
of
restitution
from
the
Sessions
,
&c.
shall
returne
that
he
cannot
make
restitution
for
resistance
,
Fitz.
Execution
147.
To
whom
restitution
shall
be
made
.
CHAP.
36.
1.
THis
restitution
ought
to
be
made
to
him
that
was
put
out
,
and
to
none
other
,
for
so
are
the
words
of
the
statute
.
3.
Also
if
after
the
death
of
the
Father
,
a
stranger
abateth
or
entreth
into
his
land
by
force
,
4.
The
disseisee
doth
put
the
disseisor
out
with
force
,
the
disseisor
shall
be
restored
,
8.
H.
6.
ca.
9.
hee
that
is
in
such
sort
,
sc.
forceibly
put
out
shall
bee
restored
.
7.
But
if
the
disseisee
shall
enter
peaceably
upon
the
disseisor
,
and
so
they
both
shall
abide
and
continue
there
together
,
8.
If
the
disseisee
shall
enter
peaceably
,
9.
But
here
the
disseisee
shall
bee
imprisoned
and
fined
for
keeping
his
possession
with
force
,
for
Forceible
keeping
or
detaining
,
is
aswell
prohibited
as
Forceible
Entrie
.
10.
And
here
note
that
the
being
of
a
mans
wife
,
children
,
11.
Also
when
two
are
in
possession
of
an
house
,
&c.
and
the
one
claimeth
by
one
title
,
and
the
other
by
another
title
,
12.
Two
Iointenants
,
or
Tenants
in
Common
,
8.
H.
6.
and
thereupon
he
shall
have
a
writ
of
restitution
to
restore
him
to
his
former
estate
;
13.
Two
Iointenants
be
put
out
with
force
,
14.
Coppiholder
,
lessee
for
yeares
,
or
tenant
at
will
,
10.
Caroli
in
Ireland
.
15.
If
Lessee
for
yeares
be
put
out
of
his
Terme
by
force
and
die
,
What
causes
there
may
bee
for
staying
the
Iustices
of
peace
from
granting
Restitution
.
CHAP.
37.
1.
ALthough
the
partie
,
thus
to
be
indicted
for
a
force
,
Dyer
.
fo.
122.
the
Iustice
may
if
he
please
examine
the
title
,
and
thereupon
stay
the
awarding
of
restitution
,
but
if
the
force
be
apparant
I
conceive
the
safest
way
and
most
agreeable
to
the
statute
is
to
award
restitution
without
examining
the
title
.
2.
Now
the
defendant
or
party
indicted
for
the
stay
of
restitution
may
at
the
time
of
the
restitution
to
be
made
,
pleade
,
or
alledge
any
of
these
things
following
:
1.
His
quiet
possession
by
three
yeares
together
.
2.
He
may
deliver
to
the
Iustice
of
peace
or
Court
,
a
Certiorari
,
and
this
is
a
supersedeas
to
them
.
3.
He
may
shew
the
insufficiency
of
the
indictment
if
there
be
any
.
H.
6.
and
that
thereupon
restitution
will
be
awarded
against
him
,
6.
H.
7.
But
Keble
held
opinion
against
him
,
and
it
seemeth
the
Iustices
of
peace
ought
ex
officio
,
to
send
the
indictment
away
,
because
they
are
commanded
so
by
the
writ
,
and
this
writ
is
a
Supersedeas
of
it selfe
to
the
Iustice
of
peace
to
stay
their
proceedings
,
and
if
they
shall
proceed
after
,
it
is
erronious
.
Br.
Iudges
17.
9.
10.
H.
6.
)
is
no
Supersedeas
but
in
discretion
,
11.
Or
else
the
Iustices
of
peace
before
whom
the
indictment
was
found
,
may
after
Traverse
tendred
,
certifie
or
deliver
the
indictment
into
the
Kings
Bench
,
and
so
referre
the
further
proceedings
therein
to
them
.
12.
But
if
the
party
indicted
shall
tender
a
Traverse
presently
,
13.
Games
unlawfull
and
Idlers
.
CHAP.
38.
1.
2.
Note
that
playing
at
Cards
,
Dice
,
and
the
like
,
are
not
prohibited
by
the
common
lawes
of
this
Realme
,
except
that
one
be
deceived
by
false
Dice
,
or
false
Cards
,
and
then
he
that
is
deceived
may
have
his
action
of
the
case
for
such
deceipt
,
neither
are
they
malum
in
se
,
or
of
their
owne
natures
,
for
then
none
might
be
tolerated
or
licensed
to
use
them
.
And
yet
good
Divines
doe
hold
diverse
of
these
recreations
to
be
altogether
unlawfull
,
as
being
Actions
wherein
we
neither
blesse
God
,
nor
looke
to
receive
a
blessing
from
God
,
nay
such
as
we
dare
not
pray
to
God
for
a
blessing
on
them
nor
on
our selves
in
the
use
thereof
,
but
especially
on
the
Sabboth
day
all
such
recreations
and
Games
are
holden
unlawfull
:
for
if
lawfull
works
be
forbidden
on
that
day
,
much
more
unlawfull
sports
,
yea
such
sports
and
games
,
which
otherwise
and
at
other
times
are
lawfull
,
See
Esay
.
58.13
.
Huy
and
Cry
.
CHAP.
39.
1.
EVery
Iustice
of
peace
may
cause
Huy
and
Cry
,
fresh
suit
and
search
to
be
made
upon
any
Treason
,
Murder
,
Robbery
,
Theft
,
or
other
felony
committed
,
and
this
he
may
doe
by
force
of
the
first
Assignavimus
of
the
Commission
and
the
Statute
of
Winchester
.
13.
Ed.
1.
ca.
1.
Ed.
3.
ca.
11.
Hunting
,
hawking
and
hawkes
.
CHAP.
40.
1.
VPon
information
given
to
any
Iustice
of
peace
of
the
County
where
any
unlawfull
hunting
of
Deere
,
or
Conies
,
by
night
or
with
painted
faces
,
or
other
disguising
,
in
any
Forrest
,
parke
,
or
warren
,
shall
be
had
of
any
person
to
be
suspected
thereof
,
that
Iustice
may
make
a
warrant
to
the
Sheriffe
,
2.
Also
to
disobey
such
a
warrant
,
or
to
make
rescous
thereupon
,
3.
The
Iu.
of
P.
that
shall
take
the
examination
of
an
offendor
for
unlawfull
hunting
in
Parks
,
&c.
as
aforesaid
,
4.
Also
such
unlawfull
hunting
,
if
it
bee
by
three
or
moe
,
5.
And
yet
hunting
and
hawking
and
such
other
pastimes
,
1.
H.
7.
7.
6.
Whosoever
findeth
any
Hawke
that
is
lost
,
and
doth
not
immediately
bring
the
same
to
the
Sheriffe
to
be
proclaimed
,
but
doth
imbezell
the
same
,
it
is
felony
.
See
more
of
Hawkes
before
in
the
chapter
of
Felony
by
statute
,
&
34.
E.
3.
ca.
21.
&
37.
E.
3.
ca.
19.
Inrolements
.
CHAP.
41.
1.
10.
Caroli
.
2.
3.
Note
herein
you
must
accompt
28.
dayes
to
every
moneth
and
not
above
,
sc.
foure
weeks
to
the
moneth
.
4.
Note
also
the
difference
,
Whereas
-
three
moneths
-
six
moneths
-
twelve
months
hath
but
-
84
-
168
-
336
dayes
.
The
-
quarter
of
a
yeare
-
halfe
of
a
yeare
-
yeare
hath
-
91
-
182
-
365
dayes
.
5.
And
as
to
these
six
houres
,
the
Law
giveth
no
regard
to
them
,
and
yet
these
six
houres
,
every
fourth
yeare
doe
make
a
day
,
and
so
make
the
leape
yeare
,
and
this
leape
yeare
containeth
in
it
366.
dayes
.
6.
Note
also
for
the
yeare
when
in
an
indictment
or
other
writing
or
deed
it
shall
be
set
downe
(
or
the
writing
shall
be
dated
)
Anno
Domini
1617.
it
must
be
accompted
according
to
the
computation
of
the
Church
of
England
,
which
beginneth
the
yeare
upon
the
25.
day
of
March.
Labourers
,
Artificers
and
Servants
.
CHAP.
42.
1.
LAbour
and
Industrie
is
the
life
of
a
common
wealth
:
It
produceth
peace
and
plenty
,
but
Idlenesse
produceth
rebellions
,
murders
,
thefts
,
breach
of
the
peace
,
Rapine
,
spoyle
,
poverty
,
and
all
manner
of
miserie
,
so
as
Idlenesse
as
it
is
a
great
sinne
before
God
,
and
a
breach
of
the
royall
law
,
so
it
is
an
offence
against
the
common
law
,
and
against
the
good
governement
of
the
people
,
and
therefore
the
Iustice
of
peace
by
the
first
Assignavimus
of
the
Commission
ought
to
imprison
such
Idlers
,
untill
they
finde
sureties
to
labour
or
for
their
good
behaviour
,
and
yet
for
the
rooting
out
of
Idlenesse
and
inforcing
of
labour
and
industry
divers
statutes
have
been
made
in
England
which
are
of
force
in
this
kingdome
of
Ireland
,
which
statutes
I
shall
here
expresse
in
order
of
time
,
and
first
in
23.
Ed.
3.
c.
1.
It
was
enacted
that
33.
H.
8.
ca.
9.
)
Provided
alwaies
that
the
Lords
be
preferred
before
other
in
their
bondmen
or
their
land
tenants
,
so
in
their
services
to
be
retained
.
So
that
neverthelesse
the
said
Lords
shall
retaine
no
more
then
be
necessarie
for
them
,
and
if
any
such
man
or
woman
,
being
so
required
to
serve
will
not
the
same
doe
,
and
that
proved
by
two
true
men
before
the
Sheriffe
,
or
Bailiffes
of
our
Soveraigne
Lord
the
King
,
or
the
Constable
of
the
Towne
where
the
same
shall
happen
to
be
done
,
he
shall
anone
be
taken
by
them
,
or
any
of
them
,
23.
E.
3.
de
servient
.
cap.
1.
2.
If
any
reaper
,
mower
,
or
other
workman
,
Anno
23.
E.
3.
cap.
2.
3.
That
no
man
pay
or
promise
to
pay
to
any
servant
any
more
wages
,
Ann.
23.
Ed.
3.
ca.
3.
Cap.
2.
Stat.
de
servient
.
4.
If
the
Lords
An.
23.
Ed.
3.
ca.
4.
But
now
the
wages
must
be
such
as
shall
be
rated
by
the
Iustices
of
peace
according
to
the
said
statute
of
33.
H.
8.
ca.
9.
5.
That
Sadlers
,
Skinners
,
Whitetawers
,
Cordwaynees
,
Taylors
,
Ann.
23.
Ed.
3.
cap.
5.
H.
8.
ca.
9.
6.
Anno
23.
Ed.
3.
de
servi
.
ca.
7.
It
was
enacted
that
all
the
forfeitures
given
by
this
statute
de
servientibus
against
Labourers
should
be
levyed
of
every
of
them
,
Anno
25.
Ed.
3.
de
servien
.
cap.
2.
But
the
wages
in
this
also
are
to
be
regulated
by
the
said
statute
of
33.
H.
8.
Anno
25.
E.
3.
cap.
3.
but
wages
in
this
case
also
is
to
be
regulated
by
the
said
statute
of
33.
H.
8.
ca.
9.
Ann.
25.
E.
3.
cap.
3.
&
33.
H.
8.
ca.
9.
in
Ireland
.
10.
Goldsmiths
,
Sadlers
,
Horsesmiths
,
Spurriers
,
Tanners
,
Curriers
,
Anno
25.
Ed.
3.
cap.
4.
the
wages
also
in
this
case
are
to
be
regulated
by
the
said
statute
of
33.
H.
8.
ca.
9.
by
the
Iustices
of
peace
in
the
Quarter
Sessions
next
after
Easter
and
Michaelmas
halfe
yearely
.
Anno
25.
Ed.
3.
ca.
6.
12.
No
Sheriffes
,
Constables
,
Bailiffes
,
Gaolers
,
Anno
25.
Ed.
3.
cap.
7.
Stat.
2.
13.
Those
that
speake
in
the
presence
of
the
said
Iustices
,
or
other
things
doe
in
their
absence
or
presence
in
incouraging
or
maintenance
of
the
said
servants
,
Anno
25.
Ed.
3.
cap.
8.
Statut.
2.
14.
The
statute
of
Labourers
of
old
time
made
,
shall
stand
in
all
points
except
the
pecuniary
paine
,
which
from
henceforth
is
accorded
,
that
the
labourers
shall
not
be
punished
by
fine
and
ransome
,
and
it
is
assented
that
the
said
statute
shall
be
inforced
in
punishment
of
labourers
in
the
forme
following
that
is
to
say
,
that
the
Lords
of
Townes
may
take
and
imprison
them
by
fifteene
dayes
,
if
they
will
not
justifie
themselves
,
and
then
to
send
them
to
the
next
goale
,
there
to
abide
till
they
will
justifie
themselves
by
the
forme
of
the
statute
,
And
that
the
Sheriffe
,
Gaoler
,
nor
other
minister
shall
not
let
them
to
no
mainprise
nor
bayle
,
and
if
he
do
,
he
shall
pay
to
the
King
ten
pounds
,
and
to
the
partie
100.
s.
Nor
that
the
Sheriffe
,
Gaoler
,
nor
other
minister
shall
take
no
Fee
,
nor
porterage
of
prison
,
neither
at
his
entring
nor
at
his
comming
out
upon
the
same
paine
,
And
that
aswell
Carpenters
and
Masons
take
from
henceforth
wages
by
the
day
,
and
that
all
Alliances
and
Covins
of
Masons
and
Carpenters
and
congregations
,
Chapiters
,
ordinances
and
oathes
betwixt
them
made
,
or
to
be
made
,
shall
from
henceforth
be
voide
,
and
wholly
adnulled
,
so
that
every
Mason
and
Carpenter
of
what
condition
that
he
be
,
shall
be
compelled
by
his
master
to
whom
he
serveth
,
to
doe
every
work
that
to
him
pertaineth
,
to
doe
either
of
freestone
or
roughstone
,
and
also
every
Carpenter
in
his
degree
:
But
it
shall
be
lawfully
to
every
Lord
or
other
to
make
bargaine
and
covenant
of
their
worke
in
grosse
with
such
labourers
,
and
Artificers
,
when
please
them
,
so
that
they
performe
such
workes
well
and
lawfully
according
to
the
bargaine
or
Covenant
with
them
thereof
made
,
Anno
34.
Ed.
3.
cap.
9.
15.
Of
Labourers
and
Artificers
that
absent
them
out
of
their
services
in
other
Townes
or
another
County
,
the
party
shall
have
the
suit
before
the
Iustices
,
and
that
the
Sheriffe
take
him
at
the
first
day
,
as
is
contained
in
the
statute
,
if
he
be
found
,
and
doe
of
him
execution
,
as
afore
is
said
,
and
if
he
returne
that
he
is
not
found
,
he
shall
have
an
Exigent
at
the
first
day
and
the
same
pursue
till
he
be
outlawed
,
and
after
the
Outlarie
a
writ
of
the
same
Iustices
shall
be
sent
to
every
Sheriffe
of
Ireland
,
that
the
party
will
sue
to
take
him
,
and
to
send
him
to
the
Sheriffe
of
the
County
where
he
is
outlawed
,
and
when
he
shall
be
there
brought
,
he
shall
have
there
imprisonment
till
he
will
justifie
himselfe
and
have
made
gree
to
the
party
,
and
neverthelesse
for
the
falsitie
he
shall
be
burnt
in
the
forehead
,
with
an
Iron
made
and
formed
to
this
letter
F.
in
token
of
falsitie
,
if
the
party
grieved
the
same
will
sue
,
but
this
burning
is
not
to
be
executed
,
unlesse
it
be
by
the
advice
of
the
Iustices
,
and
the
Iron
shall
abide
in
the
custody
of
the
Sheriffe
.
And
that
the
Sheriffe
and
some
Bailiffe
of
the
Franchise
be
attending
to
the
plaintiffe
to
put
this
ordinance
in
execution
upon
paine
aforesaid
,
and
that
no
labourer
,
servant
,
nor
Artificer
,
shall
take
no
manner
of
wages
the
festivall
dayes
,
Anno
34.
Ed.
3.
ca.
10.
16.
If
any
labourer
,
servant
,
or
Artificer
,
absent
himselfe
in
any
City
,
or
Burrough
,
and
the
party
plainetiffe
come
to
the
Mayor
,
and
Bailiffes
,
and
require
delivery
of
his
servant
,
they
shall
make
him
delivery
without
delay
,
and
if
they
refuse
to
doe
the
same
,
the
party
shall
have
his
suit
against
the
Mayors
,
and
Bailiffes
,
before
the
Iustices
of
Labourers
,
(
which
the
Iustices
of
peace
by
their
Commission
now
are
)
and
if
they
be
thereof
attainted
they
shall
pay
to
the
King
10.
l.
and
to
the
party
100.
s.
Anno
34.
Ed.
3.
cap.
11.
17.
The
statutes
and
ordinances
made
of
labourers
and
Artificers
be
holden
and
kept
and
duely
executed
,
and
thereupon
Commission
shall
be
made
to
the
Iustices
of
peace
in
every
County
,
to
heare
and
determine
the
points
of
the
said
statutes
,
and
to
award
damages
at
the
suit
of
the
party
according
to
the
quantitie
of
his
Trespasse
,
Anno
42.
Ed.
3.
cap.
6.
18.
All
the
statutes
of
Artificers
,
Labourers
,
Servants
,
and
Victualers
,
made
aswell
in
the
time
of
our
Soveraigne
Lord
the
King
that
now
is
,
as
in
the
time
of
his
noble
grandfather
(
whom
God
assoile
)
not
repealed
shall
be
firmely
holden
and
kept
and
duely
executed
,
and
that
the
said
Artificers
,
Labourers
,
Servants
,
and
Victualers
,
be
duely
justified
by
the
Iustices
of
peace
,
aswell
at
the
suit
of
the
King
,
as
of
the
party
,
according
as
the
said
Statutes
require
,
and
that
the
Mayors
,
Bailiffes
,
and
Stewards
of
Lords
and
Constables
of
Townes
doe
duely
their
offices
,
touching
such
Artificers
,
Servants
,
Labourers
,
and
Victualers
,
and
that
a
paire
of
Stocks
be
in
every
Towne
to
justifie
the
same
Servants
,
and
Labourers
,
as
is
ordained
in
the
said
statutes
;
And
moreover
it
is
ordained
and
assented
that
no
Servant
,
nor
Labourer
,
be
he
man
or
woman
,
shall
depart
at
the
end
of
his
Terme
out
of
the
hundred
,
Rape
,
or
Weapontake
,
where
he
is
dwelling
to
serve
or
dwell
elsewhere
,
or
by
colour
to
goe
from
thence
in
pilgrimage
,
unlesse
he
bring
a
letter
patent
,
containing
the
cause
of
his
going
and
the
time
of
his
Terme
,
if
he
ought
to
returne
,
under
the
Kings
Seale
which
for
this
intent
shall
be
assigned
and
delivered
to
the
keeping
of
some
good
man
of
the
hundred
,
Rape
,
Wapentake
,
City
,
or
Borrough
,
after
the
discretion
of
the
Iustices
of
peace
to
be
kept
and
lawfully
to
make
such
letters
when
it
needeth
,
and
not
in
any
other
manner
by
his
owne
Oath
,
and
that
about
the
same
Seale
shall
be
written
the
name
of
the
County
,
and
overtwhart
the
said
Seale
the
name
of
the
hundred
,
Rape
,
or
Wapentake
,
City
,
or
Borrough
,
and
also
if
any
Servant
,
or
Labourer
,
be
found
in
any
City
,
or
Borrough
,
or
elsewhere
comming
from
any
place
,
wandring
without
such
letter
he
shall
be
forthwith
taken
by
the
said
Mayors
,
Bailiffes
,
Stewards
,
or
Constables
,
and
put
in
the
Stocks
,
and
kept
till
he
hath
found
surety
to
returne
to
his
service
,
or
to
serve
or
labour
in
the
Towne
from
whence
he
came
,
till
he
have
such
letter
to
depart
for
a
reasonable
cause
,
and
it
is
to
be
remembred
that
a
Servant
or
Labourer
may
freely
depart
out
of
his
service
,
at
the
end
of
his
Terme
,
and
to
serve
in
another
place
,
so
that
he
be
in
a
certainty
with
whom
,
and
shall
have
such
a
letter
as
before
,
but
the
meaning
of
this
ordinance
is
not
,
that
any
Servants
which
shall
ride
or
goe
in
the
businesse
of
their
Lords
or
Masters
,
shall
be
comprised
within
the
same
ordinance
for
the
time
of
the
same
businesse
,
and
if
any
beare
such
letter
,
which
may
be
found
forged
or
false
,
he
shall
have
imprisonment
of
Forty
dayes
for
the
falsity
;
and
further
till
he
hath
found
surety
to
returne
or
serve
to
labour
as
is
aforesaid
,
and
that
none
receive
Servant
or
Labourer
,
going
out
of
their
hundred
,
Rape
,
or
Wapentake
,
City
,
or
Borrough
,
without
letter
Testimoniall
nor
with
letter
Testimoniall
above
one
night
,
except
it
be
for
cause
of
sicknesse
,
or
other
cause
reasonable
,
or
which
will
and
may
serve
and
labour
thereby
the
fame
Testimoniall
upon
a
paine
to
be
limitted
by
the
Iustice
of
peace
,
&
that
aswell
Artificers
,
and
people
of
mistery
,
as
servants
and
apprentices
,
which
be
of
no
great
avoyer
,
and
of
which
craft
or
mistery
a
man
hath
no
great
need
in
harvest
time
,
shall
be
compelled
to
serve
in
harvest
to
cut
,
gather
and
bring
in
Corne
,
and
that
these
statutes
be
duly
executed
by
Mayors
,
Bailiffes
,
Stewards
,
and
Constables
of
Townes
upon
paine
limitted
and
judged
by
the
said
Iustices
of
peace
in
their
Sessions
,
and
that
no
man
take
above
a
peny
for
the
making
,
Sealing
and
delivering
of
such
letter
,
Anno
12.
Ric.
2.
cap.
2.
19.
That
the
ordinances
aforesaid
of
Servants
and
Labourers
,
Beggers
,
and
Vagabonds
,
shall
hold
place
,
and
be
executed
aswell
in
Cities
and
Borroughes
,
as
in
other
Counties
and
places
within
the
Realme
aswell
within
the
Franchises
as
without
,
and
that
the
Sheriffes
,
Mayors
,
Bailiffes
,
and
keepers
of
the
Gaoles
shall
be
holden
and
charged
to
receive
the
said
Servants
,
Labourers
,
Beggers
,
Vagabonds
,
and
to
keepe
them
in
prison
in
the
forme
aforesaid
,
without
letting
to
mainprise
,
or
to
baile
,
and
without
Fee
or
any
other
thing
taking
of
them
,
by
themselfe
or
by
any
other
as
long
as
they
be
so
imprisoned
or
at
their
going
forth
upon
paine
to
pay
an
hundred
shillings
to
our
soveraigne
Lord
the
King
,
Anno
12.
R.
2.
ca.
9.
20.
That
the
Iustices
of
peace
in
every
County
,
in
two
of
their
Sessions
to
be
holden
betwixt
the
Feast
of
Easter
and
Saint
Michael
shall
make
proclamation
by
their
discretion
,
after
the
dearth
of
victuals
,
how
much
every
Mason
,
Carpenter
,
Tyler
,
and
other
Craftesmen
,
workemen
,
and
labourers
,
by
the
day
aswell
in
harvest
as
in
other
times
of
the
yeare
,
after
their
degree
shall
take
by
the
day
with
meate
and
drinke
,
or
without
meate
and
drinke
,
betweene
the
two
Sessions
aforesaid
notwithstanding
the
statute
thereof
heretofore
made
,
and
that
every
man
obey
to
such
proclamations
from
time
to
time
as
a
thing
done
by
statute
,
Anno
13.
Ri.
2.
cap.
8.
vide
33.
H.
8.
cap.
9.
in
Ireland
.
that
these
proclamations
must
be
in
the
next
Sessions
after
Easter
and
Michaelmas
.
21.
That
no
Labourer
be
retained
to
worke
by
the
weeke
,
not
that
no
Labourers
,
Carpenters
,
Masons
,
Tilets
,
Plaisterers
,
Daubers
,
Coverers
of
houses
,
nor
none
other
Labourers
,
shall
take
any
hire
for
the
holy
dayes
,
nor
for
the
Evens
of
Feasts
where
they
doe
not
labour
,
but
till
the
houre
of
Noone
,
but
only
for
the
halfe
day
;
upon
the
paine
that
such
Labourer
,
Carpenter
,
Mason
,
Tiler
,
Plaisterer
,
Dauber
,
Coverer
of
houses
,
or
any
other
Labourer
that
taketh
contrary
to
this
statute
shall
pay
to
the
King
for
every
time
that
he
doth
so
contrary
20.
s.
Anno
4.
H.
4.
ca.
14.
22.
The
statute
of
Labourers
made
at
Canterbury
,
and
all
other
good
statutes
of
Labourers
,
made
and
not
repealed
,
be
firmely
holden
and
kept
,
and
put
in
due
execution
,
and
moreover
that
the
Iustices
of
peace
have
power
to
send
their
writs
for
such
fugitive
Laborers
to
every
Sheriffe
of
the
Realme
of
England
,
and
to
make
such
processes
as
the
statute
of
Anno
34.
Ed.
3.
cap.
10.
requireth
to
bring
them
before
them
,
to
answere
to
our
soveraigne
Lord
the
King
,
and
to
the
parties
of
the
contempts
,
and
Trespasses
made
or
done
against
the
ordinances
and
statutes
aforesaid
,
in
like
manner
as
the
Iustices
have
power
to
send
to
every
Sheriffe
for
the
Theeves
before
them
indicted
;
And
also
that
all
the
statutes
and
ordinances
of
Labourers
,
servants
,
and
artificers
,
before
this
time
made
,
and
not
repealed
be
exemplified
under
the
great
Seale
,
and
sent
to
every
Sheriffe
of
the
Realme
,
thereof
to
make
Proclamation
in
full
County
,
and
after
this
Proclamation
so
made
,
that
every
Sheriffe
shall
cause
the
same
Ex-emplification
to
him
directed
to
be
delivered
to
the
Iustices
of
the
peace
in
his
County
,
named
in
the
Quorum
,
or
to
one
of
them
,
to
remaine
with
such
Iustices
which
be
or
shall
be
for
the
better
putting
of
the
aforesaid
statutes
and
ordinances
in
due
execution
;
And
also
that
the
Iustices
of
peace
from
henceforth
have
power
to
examine
aswell
all
manner
of
Labourers
and
servants
and
their
masters
,
as
Artificers
,
by
their
oathes
of
all
things
by
them
done
contrary
to
the
said
ordinances
and
statutes
,
and
upon
that
to
punish
them
upon
their
confession
,
after
the
effect
of
the
statutes
and
ordinances
aforesaid
,
as
though
they
were
convict
by
Inquest
,
and
that
the
Sheriffe
in
every
Shire
of
the
Realme
shall
doe
well
and
duely
in
his
office
in
this
behalfe
upon
paine
to
lose
and
to
forfeit
to
our
Soveraigne
Lord
the
King
Twenty
pounds
,
Anno
2.
H.
5.
cap.
4.
23.
If
any
servant
of
husbandrie
,
purposing
to
depart
from
his
Master
at
the
end
of
his
Terme
,
at
the
midest
of
his
Terme
or
otherwise
,
make
a
Covenant
before
with
another
man
to
serve
him
for
the
next
yeare
,
if
he
be
in
such
case
as
the
law
will
compell
him
to
serve
that
the
said
servant
,
and
he
which
so
shall
make
covenant
with
him
at
the
middest
of
the
said
Terme
or
before
,
shall
give
warning
to
the
master
of
the
said
servant
of
the
said
Covenant
so
newly
made
,
so
that
the
same
master
may
provide
another
servant
against
the
end
of
his
Terme
,
and
if
any
covenant
with
any
such
servant
be
otherwise
made
,
or
such
warning
in
manner
and
forme
aforesaid
not
had
,
that
the
same
Covenant
shall
be
voide
,
and
that
the
same
servant
be
compelled
to
serve
his
first
master
for
the
next
yeare
,
except
that
a
lawfull
cause
being
of
a
latter
time
require
the
contrary
,
and
if
any
person
refuse
to
serve
or
labour
for
the
wages
assessed
by
the
Iustices
of
peace
,
then
every
Iustice
of
peace
in
their
Counties
shall
have
power
at
every
time
,
to
call
them
to
examination
of
the
same
,
and
such
as
they
shall
finde
defective
to
commit
to
the
gaole
,
there
to
remaine
till
they
have
found
sufficient
surety
to
serve
,
and
labour
in
forme
by
the
law
required
;
And
if
any
servant
,
Artificer
,
workman
or
labourer
doe
contrary
to
the
premisses
or
deny
his
service
,
occupation
of
labour
,
by
reason
of
not
giving
of
salarie
or
wages
contrary
to
these
statutes
,
that
hee
shall
lose
to
the
partie
that
will
sue
in
this
behalfe
20.
s.
and
that
the
said
Iustices
of
peace
shall
have
power
to
heare
and
determine
all
manner
of
offences
done
contrary
to
the
forme
of
this
statute
,
aswell
at
the
Kings
suit
as
at
the
parties
,
And
that
every
of
the
Kings
leige
people
may
have
the
suit
against
every
person
that
shall
offend
in
any
point
against
this
statute
,
and
the
processe
shall
be
by
Attachment
,
Capias
and
Exigent
,
and
that
the
Iustices
of
peace
shall
assesse
no
fyne
upon
any
which
shall
be
convict
before
them
,
of
any
thing
done
to
the
contrary
to
any
statute
of
Labourers
or
Artificers
,
or
for
this
cause
to
put
him
in
the
good
grace
of
out
Soveraigne
Lord
the
King
under
three
shillings
foure
pence
:
And
also
that
the
Iustices
of
peace
thorow
the
Realme
two
times
every
yeare
shall
doe
openly
to
be
proclaimed
in
their
Sessions
,
all
the
statutes
of
Labourers
,
Artificers
,
Hostlers
,
Victualers
;
servants
and
Vagabonds
before
this
time
made
,
and
not
revoked
with
this
statute
;
Also
that
by
colour
of
the
Tenure
of
lesse
lands
,
then
the
husbandry
of
the
same
shall
suffice
to
the
continuall
occupation
of
one
man
,
no
man
shall
be
excused
to
serve
by
they
yeare
,
upon
the
paine
to
be
justified
as
a
Vagabond
,
also
that
Iustices
of
peace
shall
have
power
to
take
all
servants
retained
with
any
person
by
colour
of
Husbandrie
,
and
not
duely
occupied
about
the
same
,
which
servants
ought
by
the
law
to
be
servants
of
Husbandrie
,
to
such
as
shall
require
their
service
,
and
to
justifie
them
in
every
point
as
the
same
Iustices
have
power
to
justifie
Vagabonds
.
23.
H.
6.
ca.
13.
24.
And
now
because
the
rating
and
assessing
of
the
wages
of
Labourers
,
Artificers
and
Servants
by
force
of
an
Act
of
Parliament
made
in
Ireland
in
Anno
33.
H.
8.
cap.
9.
25.
Forasmuch
as
prices
of
victuals
,
cloth
,
and
other
necessaries
for
Labourers
,
Servants
at
Husbandry
,
and
Artificers
yearely
change
aswell
sometime
by
reason
of
death
and
scarcenesse
of
corne
and
victuall
as
otherwise
,
so
that
hard
it
is
to
limit
in
certaine
what
wages
Servants
at
Husbandry
should
take
by
the
yeare
,
and
other
Artificers
and
Labourers
by
the
day
,
by
reason
whereof
they
now
aske
and
take
unreasonable
wages
within
the
land
of
Ireland
.
For
reformation
whereof
,
be
it
enacted
by
authority
of
this
present
Parliament
,
that
the
Iustice
of
peace
,
in
every
County
within
this
land
of
Ireland
,
yearely
in
their
Sessions
to
be
holden
within
one
moneth
next
after
the
Feast
of
Easter
,
and
one
moneth
next
after
the
Feast
of
Saint
Michael
the
Archangell
,
shall
make
Proclamations
by
their
discretion
having
respect
to
such
prices
,
as
victuals
,
cloth
,
and
other
necessaries
then
shall
be
at
,
how
much
every
Mason
,
Carpenter
,
Sclauter
,
and
every
other
Artificer
,
and
Labourer
,
shall
take
by
the
day
aswell
in
harvest
season
as
any
other
time
of
the
yeare
,
with
meate
and
drinke
,
and
how
much
without
meate
and
drinke
,
betwixt
both
the
said
Sessions
.
And
also
at
the
Sessions
to
be
holden
next
after
the
Feast
of
Easter
how
much
every
servant
at
Husbandry
shall
take
by
the
yeare
following
with
meate
and
drinke
,
and
that
every
of
them
shall
obey
such
Proclamations
from
time
to
time
,
as
a
thing
made
and
established
by
Act
of
Parliament
for
a
law
in
that
behalfe
upon
paine
of
forfeiture
every
one
of
the
said
Carpenters
,
Sclauters
,
Artificers
,
Labourers
,
and
Servants
,
that
shall
take
any
thing
contrary
to
the
said
Proclamation
or
Proclamations
,
the
thing
so
taken
,
and
imprisonment
of
their
bodyes
,
by
the
discretion
of
the
said
Iustices
,
and
that
Iustices
of
peace
at
any
Sessions
,
shall
enquire
,
heare
,
and
determine
the
same
offences
,
and
thalffendell
of
the
said
forfeiture
to
be
to
the
Kings
highnesse
,
and
the
other
halfe
to
him
or
them
that
shall
give
information
of
the
same
forfeiture
,
and
that
all
and
every
Act
before
this
time
made
concerning
the
limitation
of
wages
for
the
said
Servants
,
Artificers
,
and
Labourers
,
be
in
that
point
only
voide
and
of
none
effect
within
this
land
,
and
this
Act
to
endure
till
the
next
Parliament
within
this
land
to
be
holden
.
Anno
11.
Eliz.
cap.
5.
is
made
perpetuall
.
27.
And
having
now
set
forth
the
statutes
concerning
Labourers
,
Artificers
,
and
Servants
,
it
will
be
necessary
for
the
better
information
of
the
Iustices
of
peace
to
make
some
exposition
of
the
said
statute
of
23.
Ed.
3.
which
is
the
ground
of
all
the
rest
,
which
I
shall
briefely
doe
in
these
eight
particulars
following
:
1.
First
,
what
the
common
Law
was
concerning
Labourers
,
Artificers
,
and
Servants
,
before
the
said
statute
.
2.
Secondly
,
who
are
compellable
to
labour
by
the
said
statute
of
23.
Ed.
3.
3.
What
is
a
good
retainer
,
within
that
statute
,
and
what
not
.
4.
What
be
good
causes
for
a
servant
to
depart
from
his
service
within
his
Terme
,
and
what
not
.
5.
How
and
in
what
manner
the
master
may
discharge
the
servant
,
apprentice
,
or
other
Artificer
of
his
service
.
6.
Sixtly
,
who
may
lawfully
take
a
servant
out
of
the
service
of
his
master
with
whom
he
is
retained
,
without
the
danger
of
the
said
statute
.
7.
Seventhly
,
In
what
cases
a
man
may
receive
or
retaine
a
servant
that
is
formerly
retained
by
another
.
8.
And
lastly
,
who
shall
in
Law
be
taken
to
be
a
servant
within
the
meaning
of
the
said
statute
of
23.
Ed.
3.
Anno.
25.
H.
6.
ca.
7.
It
was
enacted
that
the
Sonnes
of
Husbandmen
and
Labourers
should
be
Labourers
and
travellers
upon
the
ground
,
as
they
were
in
old
time
,
and
in
all
other
workes
and
labours
lawfull
and
honest
,
according
to
their
state
,
and
if
it
fortune
that
any
such
sonne
of
an
Husbandman
or
of
a
Labourer
doe
the
contrary
,
and
thereof
be
lawfully
convicted
before
any
Iudge
of
the
King
,
or
Iudge
of
Franchise
,
that
he
shall
have
the
imprisonment
of
one
yeare
,
and
over
that
he
shall
make
fyne
to
the
King
,
or
to
the
Lord
of
the
Franchise
,
according
to
the
discretion
of
the
Iudge
before
whom
he
is
convicted
.
29.
30.
Both
which
last
mentioned
statutes
are
in
a
manner
but
a
declaration
of
the
common
Law
,
for
the
constant
course
in
Ireland
hath
ever
beene
at
the
generall
Sessions
of
the
peace
and
at
the
Assises
to
enquire
of
such
Idlers
,
and
to
fine
and
imprison
them
,
untill
they
shall
finde
surety
to
betake
themselves
to
some
honest
labour
,
or
else
to
be
bound
to
their
good
behaviour
at
the
discretion
of
the
Iudge
.
31.
So
likewise
at
the
common
Law
,
if
a
man
had
taken
my
servant
from
me
,
I
might
have
had
an
action
of
Trespasse
,
Quare
vi
&
armis
,
&c.
but
if
he
had
procured
the
servant
to
depart
,
who
did
depart
accordingly
and
he
retained
him
,
or
if
he
had
departed
of
his
owne
head
,
and
another
had
retained
him
knowing
of
the
first
retainer
,
an
Action
did
not
lye
at
the
common
Law
,
Quare
vi
&
armis
,
&c.
but
an
action
upon
the
case
did
lye
upon
the
departure
by
such
procurement
,
and
in
case
where
the
servant
did
depart
without
any
such
procurement
and
was
retained
by
another
,
Ed.
3.
was
made
,
which
gives
an
action
in
these
cases
.
11.
H.
4.
21.
&
22.
Coke
lib.
11.
fo.
86.
33.
Also
by
the
common
Law
no
man
is
prohibited
to
use
diverse
misteries
or
Trades
at
his
pleasure
,
and
although
this
was
prohibited
by
the
statute
of
37.
Ed.
3.
cap.
6.
yet
shortly
after
at
the
next
Parliament
(
that
restraint
of
free
Trade
being
found
prejudiciall
to
the
common
wealth
)
it
was
enacted
againe
that
all
persons
should
be
as
free
to
use
severall
Trades
as
they
were
at
anytime
before
,
38.
Ed.
3.
ca.
2.
and
therefore
without
an
Act
of
Parliament
no
man
may
be
restrained
either
to
worke
in
any
lawfull
Trade
or
to
use
diverse
mysteries
or
Trades
,
by
any
ordinances
or
by-lawes
made
to
restraine
the
same
,
but
such
by-lawes
and
ordinances
are
meerely
voide
and
against
the
law
.
34.
Also
it
is
lawfull
for
any
person
to
use
privately
any
Trade
,
as
of
a
Cooke
,
Brewer
,
Baker
,
Taylor
,
or
such
like
,
in
his
owne
house
,
or
in
the
house
of
any
other
,
for
the
private
use
of
the
family
,
although
such
person
were
never
Apprentice
to
the
Trade
.
Ed.
3.
and
the
rest
of
the
statutes
above
mentioned
,
a
Iustice
of
peace
may
command
vagrant
persons
to
prison
if
they
will
not
serve
and
labour
,
and
they
may
command
the
Gaoler
to
let
them
at
large
without
other
writ
,
Fitz.
Na.
Br.
fo.
168
b.
23.
Ed.
3.
Fitz.
Na.
Br.
fol.
168.
i.
37.
In
an
action
upon
the
statute
of
Labourers
the
defendant
saith
that
he
holdeth
land
,
for
which
he
ought
to
doe
certaine
dayes
works
yearly
to
the
Bishop
of
D.
at
his
Mannor
of
S.
and
demands
Iudgement
if
he
shall
be
compelled
to
serve
,
and
the
plaintiffe
saith
that
he
had
but
six
acres
for
which
he
shall
pay
but
six
dayes
worke
,
upon
which
the
defendant
demurred
in
law
,
and
it
was
awarded
by
the
Court
that
the
plaintiffe
shall
be
barred
of
his
action
,
the
reason
is
,
40.
Ed.
3.
39.
Brooke
Labourers
5.
38.
An
Infant
of
the
age
of
five
yeares
is
not
compellable
to
serve
by
the
said
statute
by
reason
of
his
disability
of
body
,
potens
in
corpore
.
41.
Ed.
3.
17.
Brooke
Labourers
6.
39.
In
an
action
of
false
imprisonment
the
defendant
justifieth
(
being
Lord
of
the
tenant
)
because
the
plaintife
was
vagrant
,
and
I.N.
complained
for
lacke
of
a
servant
,
and
required
him
to
serve
,
and
he
would
not
,
wherefore
he
put
him
in
the
Stocks
,
and
the
plaintiffe
said
that
he
had
two
Acres
of
land
,
five
sheepe
and
ten
Cowes
to
the
value
of
20.
l.
to
be
occupied
,
and
the
defendant
said
that
hee
had
but
a
cottage
and
no
land
,
and
so
not
sufficient
to
be
occupied
,
and
the
other
said
and
maintained
that
he
had
sufficient
Chattels
to
bee
occupied
,
and
thereupon
the
issue
was
joyned
,
47.
Ed.
3.
18.
Br.
Lab.
14.
40.
An
action
was
brought
upon
the
statute
of
Labourers
against
a
litle
Damosell
of
the
age
of
ten
yeares
upon
retainer
and
departure
,
and
the
plaintiffe
declared
against
her
,
and
the
defendant
said
that
she
is
but
of
the
age
of
Ten
yeares
,
and
demanded
Iudgement
of
action
,
and
because
it
appeared
to
the
Court
by
inspection
that
shee
was
not
of
age
to
make
a
Covenant
,
therefore
the
writ
was
abated
,
2.
H.
4.
5.
Br.
Lab.
19.
41.
In
an
action
upon
the
statute
of
Labourers
,
Anno.
23.
Ed.
3.
cap.
1.
is
,
that
quilibet
potens
in
corpore
ought
to
serve
,
and
by
Hankford
an
Infant
of
12.
yeares
retained
ought
to
serve
7.
H.
4.
5.
Br.
Lab.
20.
42.
A
man
brought
an
Action
upon
the
statute
of
Labourers
for
taking
his
servant
out
of
his
possession
,
38.
Ed.
3.
5.
Br.
Lab.
24.
43.
An
Artificer
as
a
Carpenter
,
Taylor
,
Shooemaker
,
and
such
like
shall
not
be
compelled
to
serve
by
the
statute
of
husbandrie
,
contrarie
of
servants
of
husbandrie
,
and
therefore
in
an
action
of
debt
brought
by
the
Carpenter
,
Taylor
,
or
such
like
for
his
wages
,
the
master
may
wage
his
law
,
but
not
in
an
action
brought
by
a
servant
in
husbandrie
,
and
yet
if
a
Carpenter
,
Taylor
,
Shooemaker
,
23.
Ed.
3.
compels
servants
of
husbandrie
to
serve
,
and
the
second
Article
ordaines
that
if
any
retained
in
service
depart
from
his
master
,
an
Action
shall
lie
of
the
Departure
,
33.
H.
6.
14.
Brooke
,
Labourers
36.
44.
In
an
action
upon
the
statute
of
Labourers
,
if
the
defendant
were
vagrant
,
and
was
required
to
serve
,
and
refused
;
by
Martin
,
if
he
be
retained
with
one
to
serve
by
the
day
,
and
is
required
by
another
to
serve
by
the
yeare
,
there
he
shall
serve
the
first
the
day
which
he
was
hired
,
and
after
that
day
ended
he
shall
serve
the
other
by
the
yeare
;
but
if
he
be
retained
for
twenty
or
forty
dayes
,
and
be
required
by
another
to
serve
by
the
yeare
,
he
ought
to
serve
the
latter
,
for
a
retainer
by
twenty
or
forty
daies
is
no
usuall
retainer
,
but
otherwise
it
is
of
a
retainer
by
the
day
,
11.
H.
6.
1.
Brooke
,
Labourers
49.
45.
A
servant
shall
be
compelled
to
serve
in
Summer
in
the
place
where
hee
served
in
Winter
before
,
and
the
Lords
of
the
Towne
and
Iustices
of
peace
may
command
vagrants
to
prison
which
will
not
serve
,
Fitz.
Na.
Br.
fo.
168.
f.
Br.
Lab.
51.
46.
If
a
man
retaine
a
Labourer
to
serve
him
in
husbandrie
according
to
the
forme
of
the
statute
,
this
is
a
good
retainer
,
although
no
wages
be
mentioned
,
but
it
is
otherwise
if
a
man
retaine
a
Carpenter
to
make
a
Mill
,
or
such
like
,
for
in
the
one
case
the
wages
is
certaine
by
the
statute
and
not
in
the
other
.
3.
H.
6.
23.
Br.
Lab.
1.
47.
An
Action
upon
the
statute
of
Labourers
was
brought
against
one
which
was
retained
in
the
office
of
an
Imbroiderer
who
departed
within
the
Terme
,
E.
3.
22.
Br.
Lab.
15.
48.
An
Action
upon
the
statute
of
Labourers
was
brought
against
a
Chaplaine
who
had
covenanted
to
be
Seneschall
to
the
plainetiffe
,
and
Chaplaine
of
such
a
parish
Church
,
for
that
he
departed
within
the
Terme
,
and
as
to
the
office
of
Seneschall
it
was
adjudged
that
the
Action
is
well
brought
,
E.
3.
13.
Br.
Lab.
16.
49.
A
retainer
upon
condition
is
a
good
retainer
within
the
said
statute
.
H.
4.
42.
Br.
Lab.
23.
50.
If
a
man
that
is
insufficient
and
not
able
to
keepe
a
servant
retaine
a
servant
to
serve
him
by
the
yeare
,
this
is
no
good
retainer
.
38.
Ed.
3.
12.
Br.
Lab.
25.
51.
An
Action
upon
the
statute
of
Labourers
was
brought
,
and
the
defendant
said
that
he
was
retained
to
collect
the
rents
of
the
plaintiffe
without
that
,
that
he
was
retained
in
the
office
of
a
labourer
,
and
this
was
adjudged
a
good
plea
;
for
the
statute
is
only
of
those
which
may
be
required
to
serve
as
Labourers
,
H.
6.
53.
Br.
Lab.
28.
52.
If
a
man
retaine
a
servant
to
serve
in
his
house
,
H.
6.
9.
Br.
Lab.
29.
53.
By
Markham
and
Ascue
Iustices
,
an
Infant
may
bind
himselfe
a
Prentice
,
but
Newton
and
Paston
Iustices
say
,
that
is
by
custome
and
not
by
the
common
Law
,
and
it
is
there
agreed
that
one
may
be
constrained
by
the
statute
to
serve
but
not
to
be
an
Apprentice
,
and
by
Paston
,
if
an
Infant
be
retained
to
serve
,
&
an
Action
upon
the
statute
of
Labourers
is
brought
against
him
,
it
is
a
good
plea
for
him
to
say
that
he
is
an
Infant
,
but
by
Markham
that
is
;
H.
6.
33.
Br.
Lab.
30.
54.
If
I
retaine
a
servant
for
a
yeare
,
and
so
from
yeare
to
yeare
,
taking
for
his
wages
according
to
the
statute
,
and
if
he
serve
Eight
yeares
he
shall
have
an
Action
for
his
wages
,
and
he
may
not
depart
without
reasonable
warning
,
but
where
he
is
retained
for
one
yeare
and
continueth
for
Eight
or
Ten
yeares
,
now
the
first
retainer
shall
serve
for
all
,
and
is
but
one
retainer
within
the
statute
for
all
the
yeares
.
38.
H.
6.
14.
Br.
Lab.
36.
55.
If
I
retaine
a
servant
to
serve
me
by
the
yeare
at
any
time
that
I
shall
require
him
;
this
is
no
good
retainer
within
the
statute
.
22.
H.
6.
30.
Br.
Lab.
31.
56.
An
Action
upon
the
statute
of
Labourers
for
taking
of
the
plainetiffes
retained
servant
,
the
defendant
said
that
the
servant
made
the
Covenant
by
dures
and
was
within
age
,
and
the
defendant
had
20.
l.
land
,
and
the
servant
is
his
Sonne
and
heire
apparant
,
and
by
Babington
if
such
a
sonne
make
a
Covenant
to
serve
,
this
is
a
good
retainer
,
although
he
were
heire
apparant
to
100.
l.
land
.
And
if
he
were
of
the
age
of
discretion
and
made
such
a
Covenant
to
serve
in
Husbandry
,
that
shall
bind
him
,
and
so
it
was
agreed
by
the
Court
,
and
there
it
was
said
by
Martin
that
a
man
may
lawfully
be
imprisoned
if
he
will
not
serve
according
to
his
Covenant
,
but
this
shall
be
by
the
officers
of
the
King
and
not
by
the
party
himselfe
.
9.
H.
6.
10.
Br.
Lab.
43.
57.
If
a
labourer
be
retained
to
serve
for
Terme
of
his
life
,
this
is
no
good
retainer
within
the
statute
.
2.
H.
4.
15.
Br.
Lab.
44.
58.
Note
that
he
which
is
non
potens
in
corpore
and
he
which
hath
lands
and
a
Gentleman
,
Cooke
,
Butler
,
Chaplaine
,
Yeoman
,
and
such
like
shall
not
be
constrained
by
the
statute
to
be
retained
in
Husbandry
,
yet
if
they
will
be
retained
in
Husbandry
;
this
retainer
is
good
.
38.
H.
6.
22.
Br.
Lab.
46.
59.
The
retainer
of
a
Chaplaine
to
serve
as
a
Chaplaine
is
no
good
retainer
within
the
said
statute
,
nor
no
Action
will
lye
for
his
departure
upon
the
said
statute
,
for
it
is
intended
that
he
hath
whereof
to
live
,
although
he
be
not
alwayes
disposed
to
celebrate
divine
service
.
10.
H.
6.
8.
Br.
Lab.
47.
60.
If
a
man
retaine
an
Infant
of
the
age
of
12.
yeares
or
upward
be
it
man
or
woman
to
serve
in
Husbandry
;
this
is
a
good
retainer
by
the
said
statute
,
Fitz.
Na.
Br.
fol.
168.
d.
61.
If
a
Gentleman
which
by
the
statute
is
not
compellable
to
serve
in
Husbandry
,
or
a
Chaplaine
,
or
a
Carpenter
shall
put
themselves
by
Covenant
to
serve
in
Husbandry
,
they
shall
be
bound
thereby
,
and
this
is
a
good
retainer
by
this
statute
,
and
upon
their
departure
out
of
such
service
an
Action
lyes
against
them
upon
this
statute
,
Fitz.
Na.
Br.
fo.
168.
e.
62.
If
a
man
retaine
one
for
forty
dayes
to
serve
him
and
another
after
retaine
him
for
a
yeare
,
the
first
retainer
is
defeated
,
because
it
was
not
according
to
the
statute
;
and
so
if
one
be
retained
to
serve
at
every
time
that
he
shall
be
required
,
that
is
no
retainer
according
to
the
statute
,
but
if
it
be
by
deed
,
it
is
a
good
Covenant
upon
the
deed
,
and
without
deed
it
is
voide
,
Fitz.
Na.
Br.
fo.
168.
f.
63.
If
a
man
retaine
another
to
serve
him
and
doe
not
expresse
how
long
he
shall
serve
;
this
is
a
good
retainer
according
to
the
statute
,
and
he
shall
serve
a
yeare
,
Fitz.
Na.
Br.
fo.
168.
h.
Fitz.
Na.
Br.
168.
l.
Fitz.
Na.
Br.
fo.
168.
l.
&
q.
67.
Also
the
servant
may
depart
by
the
license
of
his
master
,
Fitz.
Na.
Br.
fo.
168.
l.
68.
But
if
a
woman
which
is
a
servant
take
a
husband
,
this
is
no
cause
to
depart
from
her
service
,
but
shee
ought
to
serve
out
the
residue
of
her
Terme
,
Fitz.
Na.
Br.
fo.
168.
n.
69.
If
the
master
will
discharge
his
servant
by
word
and
say
unto
him
that
he
shall
serve
him
no
longer
,
this
is
a
good
cause
for
the
servant
to
depart
,
6.
Ed.
4.
2.
Br.
Lab.
38.
70.
11.
H.
4.
32.
Br.
Lab.
22.
71.
In
an
Action
of
maintenance
the
defendant
justifieth
to
ayd
the
plaintiffe
,
because
he
was
his
retained
servant
,
and
the
plaintiffe
said
that
after
the
retainer
and
before
the
maintenance
,
that
is
to
say
,
at
D.
in
the
County
of
M.
the
master
him
discharged
of
his
service
whereunto
the
servant
agreed
,
whereby
it
appeareth
that
the
master
may
not
discharge
his
servant
within
the
Terme
,
except
that
the
servant
agree
thereunto
no
more
,
then
the
servant
may
depart
from
his
Master
without
the
masters
license
or
agreement
.
19.
H.
6.
30.
Br.
Lab.
27.
72.
If
a
man
retaine
a
servant
for
a
yeare
and
he
discharge
him
at
Easter
in
the
same
yeare
,
to
which
the
servant
agreeth
,
he
shall
not
have
an
Action
for
any
part
of
his
wages
for
the
service
done
before
nor
after
,
for
nothing
is
due
untill
the
end
of
the
yeare
,
for
the
contract
is
entire
and
may
not
be
severed
.
10.
H.
6.
23.
Br.
Lab.
48.
73.
If
a
servant
that
is
retained
for
a
yeare
happen
within
the
time
of
his
service
to
fall
sicke
,
or
to
be
hurt
or
lamed
,
or
otherwise
to
become
non
potens
in
corpore
,
the
master
must
not
put
such
servant
away
nor
abate
any
part
of
his
wages
for
such
time
,
Dalton
pag.
74.
74.
Fitzh
.
Na.
Br.
168.
m.
75.
In
an
Action
upon
the
statute
of
Labourers
for
taking
a
servant
out
of
his
masters
service
,
the
defendant
said
that
he
is
seised
of
the
Mannor
of
B.
to
which
the
servant
was
a
villaine
reguardant
,
wherefore
he
tooke
him
,
&c.
and
this
was
holden
no
good
plea
,
for
where
a
villaine
is
retained
in
anothers
service
,
it
is
not
lawfull
for
the
Lord
to
take
him
from
his
master
,
unlesse
the
Lord
have
need
of
such
a
servant
,
whereupon
the
defendant
said
that
the
servant
was
a
Shepheard
,
and
that
hee
having
need
of
a
Shepheard
tooke
him
,
and
this
was
holden
to
be
a
good
plea
,
for
the
statute
will
that
the
Lords
should
be
preferred
in
their
villaines
before
others
.
27.
H.
6.
2.
Br.
Lab.
3.
76.
In
an
Action
upon
the
statute
of
Labourers
for
taking
his
servant
retained
out
of
his
service
,
the
defendant
said
that
he
is
Lord
of
the
Mannor
of
W.
to
which
this
servant
was
and
is
a
villaine
reguardant
,
and
is
a
Carter
,
and
he
hath
need
of
a
Carter
,
Ed.
3.
ca.
1.
&
2.
is
quod
domini
preferantur
in
nativis
suis
,
47.
Ed.
3.
16.
Br.
Lab.
13.
50.
Ed.
3.
22.
Br.
Lab.
17.
2.
H.
4.
13.
Br.
Lab
18.
50.
Ed.
3.
22.
Fitz.
Na.
Br.
fo.
143.
i.
80.
If
a
servant
be
retained
by
one
,
and
depart
from
his
master
,
and
then
is
retained
by
another
,
it
is
lawfull
for
the
first
master
to
take
him
out
of
the
possession
of
the
second
master
,
so
as
he
give
notice
to
the
second
master
of
the
former
retainer
,
28.
H.
6.
11.
Br.
Lab.
4.
81.
If
a
man
retaine
the
servant
of
another
,
not
knowing
of
the
former
retainer
,
Fitz.
Na.
Br.
fol.
168.
b.
82.
A
servant
departeth
from
his
master
,
and
one
that
had
married
his
mother
found
him
vagrant
,
and
the
servant
came
with
him
to
his
house
and
continued
there
a
day
,
the
father
in
law
for
this
is
not
punishable
by
the
statute
:
And
likewise
in
this
case
,
if
the
father
had
brought
the
servant
to
a
schoolemaster
to
bee
taught
,
and
the
schoolemaster
receive
him
into
his
schoole
,
this
is
no
offence
in
the
schoolemaster
,
for
he
is
not
bound
to
take
notice
that
he
was
in
service
:
And
also
if
a
servant
have
broken
his
legge
or
Arme
,
or
received
any
other
hurt
that
he
cannot
goe
,
and
a
Surgeon
comes
to
him
to
cure
his
wound
,
this
is
no
offence
in
the
Surgeon
,
or
if
a
servant
come
unto
me
and
pray
me
to
receive
him
into
my
service
,
which
I
doe
,
this
is
no
offence
in
me
,
for
I
am
not
bound
to
take
notice
of
the
former
retainer
;
And
likewise
if
a
servant
come
to
mee
,
and
intreat
me
for
Gods
sake
to
give
him
lodging
,
which
I
doe
accordingly
,
this
is
justifiable
,
and
no
offence
against
this
statute
,
for
it
is
an
Act
of
Charitie
.
And
likewise
if
the
servant
of
another
man
commeth
to
labour
with
me
,
his
master
shall
have
no
action
against
me
for
this
cause
,
but
if
I
procure
him
to
come
and
labour
with
me
knowing
him
to
be
the
servant
of
another
man
,
9.
H.
4.
32.
Br.
Lab.
33.
83.
He
which
is
retained
to
serve
,
although
hee
never
come
to
his
master
,
nor
be
actually
in
his
service
,
hee
is
a
servant
within
the
intention
of
this
statute
,
and
if
he
be
retained
and
refuse
to
doe
his
labour
,
this
is
a
departure
in
law
,
and
punishable
by
this
statute
,
41.
Ed.
3.
20.
Br.
Lab.
7.
46.
Ed.
3.
4.
47.
Ed.
3.
14.
3.
H.
6.
37.
84.
An
Apprentice
is
no
servant
within
the
intention
and
meaning
of
the
statute
,
45.
Ed.
3.
13.
Br.
Lab.
8.
21.
H.
6.
33.
Br.
Lab.
30.
39.
Ed.
3.
22.
Br.
Lab.
35.
&
Fitz.
Na.
Br.
fol.
168.
g.
85.
A
Chaplaine
retained
to
say
divine
service
is
no
servant
within
the
meaning
of
the
statute
46.
Ed.
3.
14.
Br.
Lab.
10.
86.
I
have
the
more
enlarged
my selfe
upon
this
title
of
Labourers
,
because
I
see
by
continuall
experience
that
not
onely
the
Idlenesse
of
those
that
will
not
labour
,
but
also
the
excessive
wages
of
such
as
doe
labour
,
and
of
all
manner
of
artificers
is
the
most
great
and
generall
grievance
that
is
in
Ireland
,
and
thereupon
all
these
inconveniences
doe
ensue
:
videlicet
,
first
,
of
Idlenesse
ensueth
Thefts
and
Rebellions
,
for
Idlenesse
is
the
nurse
of
both
.
Secondly
,
of
the
excesse
of
wages
in
servants
and
labourers
in
husbandrie
ensueth
poverty
in
the
farmors
and
freehoulders
that
live
by
husbandrie
only
,
for
the
excesse
of
servants
and
labourers
wages
eateth
up
the
greatest
part
of
the
profit
that
may
be
raised
by
manuring
the
land
,
whereby
the
farmor
is
so
impoverished
that
he
is
not
able
to
pay
his
rent
,
and
to
beare
other
countrey
charges
,
nor
to
inclose
his
land
,
or
to
live
and
breed
his
children
in
any
decent
fashion
,
by
meanes
wherof
the
land
is
not
improved
to
the
one
halfe
of
the
value
it
might
be
at
,
and
so
the
Landlords
loose
a
great
part
of
their
revenue
,
besides
the
preventing
of
many
stealthes
which
could
not
be
so
frequently
committed
as
now
they
are
,
if
the
lands
were
inclosed
.
Thirdly
,
by
the
excesse
of
wages
in
Masons
,
Carpenters
,
and
other
artificers
,
the
farmors
and
inferior
freeholders
are
constrained
for
the
most
part
to
live
in
base
cottages
more
fit
for
hogstyes
then
for
men
to
dwell
in
,
and
no
marvell
for
by
the
negligence
of
the
Iustices
of
peace
in
not
rating
of
wages
and
putting
these
statutes
in
execution
it
is
come
to
this
passe
that
a
Ioyner
will
take
Two
shillings
sterling
per
diem
with
meat
and
drinke
for
his
Iourneyman
,
and
12.
d.
sterling
with
meat
and
drinke
,
for
a
boy
that
can
scarce
bore
a
hole
as
it
should
be
;
and
this
I
speake
of
mine
owne
knowledge
,
and
therefore
I
wish
that
the
Iustices
of
peace
would
henceforth
better
remember
their
oaths
,
the
duty
of
their
places
,
and
the
good
of
the
common
wealth
then
hitherto
they
have
done
,
but
if
the
Iustices
of
peace
shall
wilfully
continue
still
their
neglect
herein
,
I
cannot
but
let
them
know
,
that
for
this
their
neglect
they
are
(
and
that
worthily
)
for
their
neglect
to
be
punished
in
the
Starchamber
.
Misprision
.
CHAP.
43.
1.
THere
be
also
certaine
offences
which
by
the
common
Law
are
misprision
of
treason
or
felonies
,
or
at
least
punishable
in
the
same
degree
and
more
,
Eliz.
ca.
7.
enacted
to
be
misprision
of
high
treason
in
the
Actors
,
their
procurers
,
ayders
,
and
abettors
.
3.
H.
7.
fol.
10.
6.
Note
for
the
offendors
in
high
treason
,
misprision
of
treason
and
praemunire
,
that
although
the
Iu.
of
Peace
by
their
Commission
nor
by
statute
cannot
medle
with
them
in
the
very
point
of
their
offences
,
saving
in
some
particulars
,
and
that
by
way
of
inquiry
only
,
which
you
may
see
hic
antea
tit
.
felony
,
yet
for
that
all
treasons
and
such
other
offences
are
against
the
peace
of
the
King
and
of
the
Realme
,
therefore
upon
complaint
made
to
the
Iustice
of
peace
,
or
other
knowledge
had
by
him
of
any
such
offendors
,
it
shall
be
his
part
to
cause
such
offendors
to
be
apprehended
,
and
to
take
their
examinations
,
and
the
information
upon
oath
of
such
as
bring
them
or
of
others
that
can
prove
any
thing
materiall
against
them
,
and
to
put
the
same
in
writing
(
under
the
hands
of
the
Informers
)
and
then
to
commit
the
offendors
to
the
Gaole
,
Nightwalkers
.
CHAP.
44.
1.
EVery
Iustice
of
peace
(
ex
officio
)
and
by
the
first
Assignavimus
of
the
Commission
may
cause
to
be
arrested
all
Nightwalkers
,
Peace
.
CHAP.
45.
1.
EVery
Iustice
of
peace
hath
authority
and
power
given
him
,
by
the
first
Assignavimus
,
or
clause
in
the
Commission
,
2.
They
may
also
suppresse
and
bind
to
the
peace
or
good
behaviour
all
Affrayors
,
Posse
Comitatus
.
CHAP.
46.
1.
WHere
the
Iustice
of
peace
,
Sheriffe
,
or
other
officer
is
enabled
to
take
the
power
of
the
County
,
it
seemeth
they
may
command
,
and
ought
to
have
the
helpe
and
attendance
of
all
Knights
,
Gentlemen
,
Yeomen
,
Husbandmen
,
Labourers
,
Tradesmen
,
Servants
,
and
Apprentices
,
and
of
all
other
such
persons
,
being
above
the
age
of
fifteene
yeares
,
and
that
are
able
to
travell
.
2.
But
women
,
Ecclesiasticall
persons
,
and
such
as
be
decrepit
or
diseased
of
any
continuall
infirmity
,
shall
not
be
compelled
to
attend
them
.
3.
And
in
such
cases
,
it
is
referred
to
the
discretion
of
the
Iustices
of
peace
,
or
Sheriffe
,
&c.
what
number
they
will
have
to
attend
upon
them
,
and
how
and
after
what
manner
they
shall
be
armed
,
weaponed
,
and
otherwise
furnished
.
4.
But
it
is
not
justifiable
for
the
Iustices
of
peace
,
Sheriffe
,
or
other
officer
,
to
assemble
posse
comitatus
or
raise
a
power
or
assembly
of
people
(
upon
their
owne
heads
)
without
just
cause
.
What
persons
may
take
posse
comitatus
and
in
what
●ases
.
CHAP.
47.
2.
The
Iustice
of
peace
and
Sheriffe
,
or
undersheriffe
may
take
posse
comitatus
,
17.
Westm.
2.
39.
)
and
such
as
shall
not
assist
them
therein
,
being
required
,
shall
pay
a
fine
to
the
King
.
6.
(
modo
guerino
)
with
brigandines
,
jacks
,
and
guns
,
and
it
was
holden
lawfull
,
for
the
Sheriffes
officer
hath
power
to
take
assistance
aswell
as
the
Sheriffe
himselfe
,
for
that
all
is
one
office
and
one
authority
.
7.
8.
So
it
seemeth
,
if
a
supplicavit
be
directed
to
a
Iustice
of
peace
,
posse
comitatus
to
aid
him
to
arrest
the
party
,
quia
quando
,
9.
The
Sheriffe
may
take
Posse
comitatus
to
apprehend
felons
,
&c.
or
disturbers
of
the
Peace
.
10.
So
he
may
take
Posse
comitatus
to
execute
the
precept
of
the
Iustice
of
Peace
.
11.
12.
One
hath
hurt
another
,
whereby
he
is
in
perill
of
death
,
Praemunire
.
CHAP.
48.
1.
EVery
Iustice
of
peace
may
cause
all
such
as
are
suspected
to
have
fallen
into
the
danger
of
a
Praemunire
to
be
arrested
and
to
commit
the
offendor
upon
probable
proofe
thereof
,
and
this
he
may
doe
by
the
first
assignavimus
of
the
Commission
,
for
nothing
can
be
more
against
the
peace
and
good
governement
then
bringing
in
and
extolling
of
forraigne
Iurisdictions
and
authority
,
and
therefore
it
will
be
needfull
to
informe
the
Iustices
of
peace
what
offences
by
the
lawes
and
statutes
of
force
in
Ireland
will
bring
a
man
into
the
danger
of
a
Praemunire
.
2.
At
the
common
law
before
the
statute
of
25.
Ed.
3.
de
proditionibus
,
the
extolling
of
forraigne
Iurisdiction
was
Treason
,
but
by
that
statute
the
law
is
altered
,
and
as
well
in
that
Parliament
as
in
many
other
parliaments
severall
provisions
have
beene
made
against
offendors
of
this
kinde
,
the
substance
and
effect
of
which
statutes
are
here
expressed
as
followeth
,
videlicet
:
In
anno
25.
E.
3.
c.
22.
It
is
ordained
that
because
that
some
doe
purchase
in
the
Court
of
Rome
provisions
to
have
Abbies
,
and
Priories
in
the
Kings
Dominions
in
destruction
of
the
Realme
,
and
holy
Religion
,
every
man
that
purchaseth
such
provisions
of
Abbies
or
Priories
,
that
he
and
his
Executors
4.
Afterwards
in
anno
27.
E.
3.
ca.
1.
another
statute
was
made
to
this
effect
,
that
is
to
say
,
because
that
it
is
shewed
to
the
King
by
the
grievous
and
clamorous
complaints
of
great
men
and
commons
,
how
that
diverse
of
the
people
be
and
have
beene
drawne
out
of
the
realme
,
to
answer
of
things
,
whereof
the
cognisance
pertaineth
to
the
Kings
Court
,
and
also
that
the
Iudgements
given
in
the
same
Courts
be
impeached
in
another
Court
,
in
prejudice
and
disherison
of
the
King
and
of
his
Crowne
,
and
of
all
the
people
of
his
said
realme
,
and
in
the
undoing
and
destruction
of
the
common
Law
of
the
same
Realme
at
all
times
heretofore
used
,
whereupon
good
deliberation
being
had
with
the
great
men
,
and
other
of
his
said
councell
,
it
is
assented
and
accorded
by
our
soveraigne
Lord
the
Kings
,
and
the
great
men
and
commons
aforesaid
,
that
all
the
people
of
the
Kings
liegeance
,
of
what
condition
that
they
be
,
which
draw
any
out
of
the
Realme
in
plea
,
whereof
the
cognisance
pertaineth
to
the
Kings
Court
,
5.
After
this
in
Anno
38.
E.
3.
ca.
1.
another
statute
was
made
to
this
effect
following
,
videli●et
:
It
is
provided
and
ordained
,
that
all
they
which
have
obtained
,
purchased
&
pursued
personall
citations
,
E.
3.
de
prisonibus
,
and
if
any
person
defamed
ca.
4.
It
is
ordeined
that
if
any
person
of
what
estate
or
condition
that
he
be
,
by
any
manner
attempt
,
or
doe
any
thing
against
the
said
ordinances
,
or
any
thing
comprised
in
them
,
the
same
person
shall
be
brought
to
answere
in
the
manner
as
afore
is
said
,
and
if
he
be
thereof
attainted
or
convict
,
he
shall
be
put
out
of
the
Kings
protection
,
and
punished
after
the
forme
of
the
said
statute
made
the
said
27.
yeare
of
Ed.
3.
7.
Afterwards
in
anno
2.
R.
2.
ca.
3.
another
statute
was
made
to
this
effect
,
videlicet
:
that
none
of
the
Kings
liege
people
,
nor
other
person
,
of
what
estate
or
condition
soever
he
be
,
shall
take
nor
receive
within
this
Realme
procuracy
letter
of
atturney
nor
farme
,
Ed.
3.
by
the
same
processe
comprised
in
the
said
statute
,
and
by
warning
to
be
made
to
them
in
their
benefices
or
other
their
possessions
within
the
Realme
.
8.
After
this
in
anno
12.
R.
2.
ca.
15.
another
statute
was
made
to
this
●ff●●●
,
that
is
to
say
that
no
liege
man
of
the
King
of
what
estate
or
conditi●n
that
he
be
,
9.
Moreover
in
anno
16.
R.
2.
ca.
5.
it
is
ordeined
by
Parliament
at
the
prayer
of
the
commons
,
praemunire
facias
,
10.
In
anno
2.
H.
4.
ca.
4.
it
is
ordeined
that
aswell
they
of
the
order
(
of
Cisteaux
)
as
all
other
religious
or
Seculars
of
what
estate
soever
that
they
be
,
which
doe
put
any
of
the
popes
bulles
praemunire
facias
,
in
anno
16.
R.
2.
11.
In
anno
7.
H.
4.
ca.
6.
it
is
ordeined
that
no
person
religious
nor
secular
,
of
what
estate
or
condition
that
he
be
,
by
colour
of
any
buls
conteining
priviledges
to
be
discharged
of
dismes
pertaining
to
parish
Churches
,
prebends
,
hospitals
,
or
vicariges
,
purchased
before
the
first
yeare
of
King
Richard
the
second
,
or
after
not
executed
shall
put
in
execution
any
such
buls
so
purchased
,
or
any
such
buls
to
be
purchased
in
time
to
come
,
and
if
any
such
religious
Anno
32.
H.
6.
in
Ireland
it
is
ordained
and
established
that
all
the
acts
,
ordinances
and
statutes
made
against
provisors
aswell
in
England
as
in
Ireland
,
be
had
and
kept
in
force
within
this
land
of
Ireland
,
and
also
if
any
provisor
or
provisors
doe
henceforward
sue
any
provision
upon
any
man
beneficed
in
this
land
of
Ireland
,
and
because
of
the
provision
,
do
enter
into
any
benefice
or
benefices
of
the
Church
,
and
doe
take
any
goods
or
chattels
from
any
beneficer
of
the
church
against
whom
any
such
provisions
are
sued
,
that
then
the
party
grieved
may
recover
treble
damages
,
and
hee
that
taketh
such
goods
,
and
thereof
is
convicted
shall
pay
20.
l.
the
halfe
to
the
King
and
halfe
to
him
that
will
sue
.
13.
Anno
7.
Ed.
4.
it
is
ordeyned
and
enacted
that
whatsoever
manner
man
of
holy
church
purchase
any
manner
of
dignity
,
14.
Anno
10.
H.
7.
it
is
enacted
and
established
that
all
manner
of
estatutes
aswell
made
within
the
Realme
of
England
as
within
this
land
of
Ireland
against
provisors
by
the
authority
of
this
present
Parliament
be
authorished
,
15.
Anno
28.
H.
8.
ca.
5.
16.
Anno
2.
Eliz
ca.
1.
17.
And
now
I
have
set
forth
the
statutes
of
praemunire
:
I
will
here
also
set
forth
some
few
booke
cases
and
resolutions
,
for
the
better
explanation
of
those
concurrent
statutes
.
18.
In
44.
E.
3.
a
praemunire
was
brought
against
diverse
,
19.
If
a
man
lease
his
vicarige
for
yeares
or
life
paying
rent
,
20.
21.
in
curia
Romana
vel
alibi
,
which
is
intended
in
Curia
Episcopi
,
and
therefore
if
a
man
be
excommunicate
or
prosecuted
in
the
spirituall
Court
for
a
thing
which
appertaines
to
the
common
Law
,
hee
that
prosecuteth
such
sui●
is
in
case
of
a
Praemunire
.
22.
A
prohibition
lieth
often
where
a
Praemunire
lyeth
not
,
Doct.
&
Student
.
lib.
2.
ca.
24.
34.
H.
8.
Richard
Farmer
was
attainted
in
a
Praemunire
,
and
forfeited
his
Fee
simple
land
for
ever
,
for
suing
for
the
goods
of
his
Testator
in
the
spirituall
Court
.
24.
There
be
some
opinions
in
8.
ass
,
that
a
benefice
donative
by
the
patron
onely
is
a
lay
thing
,
25.
I
have
beene
more
large
in
this
Title
,
because
many
men
of
great
quality
and
good
understanding
in
Ireland
are
very
confident
that
the
papall
Iurisdiction
never
received
any
check
or
opposition
in
England
or
Ireland
before
the
time
of
King
Henry
the
Eight
,
and
therefore
to
make
it
to
appeare
to
all
men
that
will
but
open
their
Eyes
to
see
the
truth
,
I
have
set
downe
the
said
ancient
statutes
,
and
booke
cases
,
whereby
it
plainly
appeareth
that
in
the
very
height
of
poperie
,
when
prince
and
people
,
Laitie
and
Clergy
were
of
the
popes
religion
,
yet
in
all
ages
of
those
very
times
the
papall
Iurisdiction
was
mainely
opposed
and
utterly
rejected
,
and
great
and
grievous
penalties
,
videlicet
:
losse
of
lands
and
goods
and
perpetuall
imprisonment
was
inflicted
upon
all
such
as
should
uphold
or
any
wise
maintaine
that
papall
Iurisdiction
within
these
Kingdomes
of
England
and
Ireland
.
Purveyors
.
CHAP.
49.
1.
FOr
the
reformation
of
abuses
&
oppressions
committed
by
Purveyors
,
diverse
good
Lawes
and
statutes
have
beene
made
in
England
,
which
are
of
force
in
Ireland
,
and
because
that
the
Iustices
of
peace
are
enabled
to
put
many
of
those
statutes
in
execution
in
part
or
in
the
whole
,
I
shall
here
expresse
the
effect
of
so
many
of
them
as
I
conceive
the
Iu.
of
P.
have
to
doe
withall
,
which
are
these
following
,
28.
Ed.
1.
articul
.
super
cart
.
cap.
2.
It
is
enacted
amongst
other
things
,
that
if
any
make
takings
without
warrant
,
and
carry
them
away
against
the
will
of
the
owner
,
he
shall
be
immediately
arrested
by
the
Towne
where
the
taking
was
made
,
and
shall
be
sent
to
the
next
gaole
,
and
if
he
be
attainted
thereupon
,
it
shall
be
done
of
him
as
of
a
Theife
,
2.
Also
it
is
enacted
in
anno
5.
E.
3.
ca.
2.
28.
E.
1.
aforesaid
,
and
4.
E.
3.
ca.
3.
is
contained
,
and
that
betwixt
the
purveyors
,
and
them
whose
goods
shall
be
taken
,
there
be
in
the
presence
of
the
Constables
and
praisers
,
Talles
5.
E.
3.
cap.
2.
3.
Anno
14.
E.
3.
cap.
19.
in
anno
25.
E.
3.
ca.
1.
it
is
ordained
that
forasmuch
as
outragious
damage
hath
beene
done
to
the
people
by
the
Purveyors
of
victuals
for
the
houses
of
the
King
,
the
Queene
,
and
their
Children
,
it
is
,
&c.
that
the
takers
of
Corne
Anno
25.
Ed.
3.
cap.
1.
in
anno
25.
E.
3.
ca.
15.
it
is
ordeyned
that
forasmuch
as
the
takers
and
buyers
of
the
Kings
takings
doe
take
sheepe
,
Iohn
Baptist
with
their
woolls
,
and
praise
the
same
at
a
small
price
,
and
after
send
them
to
their
owne
houses
,
25.
E.
3.
cap.
15.
6.
By
another
statute
made
in
34.
E.
3.
ca.
3.
Anno
34.
Ed.
3.
ca.
3.
7.
Likewise
in
Anno
36.
E.
3.
Anno
36.
Ed.
3.
cap.
2.
super
cart
.
and
that
every
buyer
upon
his
account
shall
declare
and
divide
severally
all
the
takings
and
buyings
of
every
County
,
Anno
36.
Ed.
3.
cap.
3.
9.
No
man
of
the
said
two
houses
(
videlicet
,
the
Kings
house
and
the
Queenes
house
)
hold
more
horses
in
the
livery
,
Anno
36.
E.
3.
cap.
5.
Anno
36.
Ed.
3.
cap.
6.
11.
Anno.
7.
R.
2.
cap.
8.
12.
In
the
20.
yeare
of
H.
6.
H.
6.
And
moreover
the
King
will
and
commandeth
that
the
statute
made
the
six
and
thirtieth
of
King
Edward
late
King
of
England
after
the
conquest
touching
Purveyors
of
other
persons
then
of
the
King
,
shall
be
put
in
due
execution
,
Anno
20.
H.
6.
cap.
8.
13.
In
anno
23.
H.
6.
ca.
2.
an
.
36.
E.
3.
from
thenceforth
should
be
duely
kept
and
put
in
due
execution
,
and
moreover
that
every
purveyor
and
buyer
,
before
that
he
shall
have
any
Commission
shall
be
sworne
Anno
23.
Hen.
6.
cap.
2.
14.
If
any
buyer
or
other
officer
of
any
Lord
Anno
23.
H.
6.
cap.
14.
15.
And
lastly
by
a
statute
made
in
Ireland
in
anno
18.
H.
6.
It
is
enacted
that
from
thenceforth
no
Purveyor
,
Harbinger
,
nor
Aveyner
,
be
within
the
said
land
,
but
that
the
Iust.
of
the
said
land
of
Ireland
that
then
was
,
and
the
Leivetenants
,
Iustices
,
or
Governours
that
for
the
time
should
be
,
should
pay
or
agree
with
them
from
whom
any
goods
should
be
taken
by
their
Achators
,
and
if
the
said
Lievetenants
,
Iustices
,
or
Governours
by
their
Achators
doe
not
in
the
order
aforesaid
,
it
should
be
lawfull
to
him
whose
the
goods
are
to
make
resistance
to
such
Achators
or
officers
without
offence
or
impeachment
of
the
King
.
And
it
was
also
agreed
and
established
that
all
the
statutes
in
this
behalfe
made
within
the
Realme
of
England
be
holden
and
kept
in
all
points
and
put
in
execution
in
this
land
.
16.
These
statutes
I
have
rehearsed
the
more
at
large
to
the
end
that
it
may
thereby
appeare
what
grieveous
oppressions
have
beene
committed
in
times
past
by
Purveyors
,
and
that
every
man
may
understand
the
ease
and
benefit
which
the
subjects
of
Ireland
enjoy
by
the
royall
composition
heretofore
made
and
established
and
now
continued
in
this
kingdome
.
Riots
,
Routs
and
unlawfull
assemblies
.
CHAP.
50.
1.
ANy
one
Iustice
of
peace
alone
may
use
all
good
meanes
to
prevent
a
Riot
or
Rout
before
it
be
done
,
2.
And
yet
if
one
Iustice
of
peace
sitting
in
a
judiciall
place
(
as
in
the
Sessions
)
shall
see
a
Riot
,
3.
If
a
Iustice
of
peace
will
commit
a
man
to
ward
,
pretending
untruely
that
he
did
a
Riot
,
9.
H.
6.
60.
&
9.
E.
4.
3.
but
if
this
bee
done
of
malice
or
corruption
he
shall
be
punished
for
it
in
the
Star-chamber
.
4.
Every
Iustice
of
peace
(
being
of
,
and
in
the
County
,
and
having
notice
of
any
Riot
,
13.
H.
4.
cap.
7.
5.
And
therefore
every
Iu.
of
P.
of
the
County
,
6.
7.
So
if
the
Iu.
be
sicke
,
and
shall
heare
of
a
Riot
,
he
may
send
his
servants
(
or
other
power
of
the
County
,
if
need
be
,
as
it
seemeth
)
to
the
place
to
represse
it
,
or
to
arrest
such
offendors
,
and
to
bring
them
before
him
,
to
finde
sureties
for
the
peace
,
and
all
this
he
may
doe
,
8.
Also
any
one
Iustice
of
peace
(
by
the
first
Assignavimus
in
the
Commission
)
may
cause
to
be
kept
and
put
in
execution
all
other
statutes
made
for
the
repressing
of
Riots
,
force
and
violence
,
9.
H.
4.
7.
videlicet
,
10.
And
if
the
Riot
,
11.
If
any
other
of
the
Iustices
of
peace
of
the
County
,
13.
And
if
there
shall
bee
two
Iustices
present
,
and
neither
the
Sheriffe
nor
undersheriffe
,
H.
4.
although
he
dwelleth
next
to
the
place
where
the
Riot
is
,
and
although
he
be
in
the
Commission
of
the
peace
for
the
County
where
the
riot
is
,
as
it
seemeth
,
for
the
words
of
the
statute
are
,
the
Iustices
which
dwell
nearest
in
every
County
where
such
Riot
shall
be
,
and
not
which
dwell
neare
to
the
place
where
the
riot
shall
be
,
and
yet
it
seemeth
safe
that
such
Iustice
dwelling
out
of
the
County
upon
notice
of
such
riot
,
doe
come
into
the
County
,
and
doe
his
endevour
to
suppresse
the
same
riot
,
and
to
execute
the
statute
,
for
that
he
is
one
of
the
Iustices
of
the
County
.
15.
If
the
Sheriffe
or
undersheriffe
doe
not
come
,
the
Iustices
ought
to
send
for
them
,
as
Master
Marrow
thinketh
.
16.
And
some
seeme
to
be
of
opinion
,
that
if
the
Sheriffe
or
undersheriffe
shall
not
come
to
the
Iustices
,
17.
Now
what
the
Iustices
of
peace
may
or
ought
to
doe
therein
,
by
force
of
this
statute
13.
H.
4.
7.
without
,
or
in
the
absence
of
the
Sheriffe
and
undersheriffe
is
worthy
consideration
,
as
being
needfull
for
the
Iustices
of
peace
to
know
,
and
safe
for
them
to
performe
,
aswell
for
the
speedy
preventing
of
such
present
mischiefes
as
may
happen
to
the
common
wealth
by
such
dangerous
assemblies
,
as
also
for
their
saving
of
the
penalty
of
the
Law
,
otherwise
like
to
lye
upon
them
.
18.
19.
As
I
conceive
there
is
no
doubt
,
but
that
the
Iustices
of
peace
(
without
the
Sheriffe
or
undersheriffe
)
upon
all
riots
,
may
and
ought
first
to
goe
to
the
place
,
and
such
riotters
as
they
shall
see
or
finde
riotously
assembled
,
they
may
and
ought
to
arrest
and
to
take
away
their
armour
and
weapons
,
and
to
remove
the
riotters
,
and
may
cause
them
to
finde
sureties
for
the
peace
,
or
good
behaviour
,
and
for
want
of
such
sureties
may
commit
them
to
the
gaole
,
all
which
any
one
Iustice
of
peace
may
doe
.
20.
Also
two
Iustices
of
peace
,
after
the
riot
committed
,
21.
But
two
Iustices
of
peace
,
as
I
conceive
,
seeing
a
riot
,
may
not
record
the
same
upon
their
owne
view
,
without
the
Sheriffe
or
undersheriffe
,
and
thereupon
,
without
any
inquirie
,
fyne
them
for
the
same
,
and
commit
them
to
prison
till
they
have
paid
their
said
fyne
,
for
by
the
statute
the
Sheriffe
or
undersheriffe
are
associated
to
the
Iustices
of
peace
,
and
have
equall
and
joynt
authoritie
with
them
therein
,
and
then
consequently
the
Iustices
of
peace
alone
upon
their
owne
view
,
without
inquirie
,
can
neither
fyne
them
,
nor
imprison
them
for
their
fyne
.
22.
Yet
Fineux
chiefe
Iustice
,
saith
that
this
statute
of
13.
H.
4.
was
made
for
the
common
profit
of
the
Realme
,
and
for
a
hastie
remedie
,
and
to
avoide
a
present
mischiefe
like
to
happen
,
and
therefore
shall
be
construed
largely
for
the
common
good
,
and
in
furtherance
and
advancement
of
expedition
of
Iustice
.
23.
Also
we
see
that
any
one
Iustice
of
peace
may
doe
all
these
things
in
case
of
a
forceible
Entrie
,
for
any
one
Iu.
of
peace
may
come
with
the
power
of
the
County
,
if
need
be
,
and
may
arrest
the
offendors
,
and
may
record
the
force
by
him
viewed
,
and
this
record
shall
be
a
sufficient
conviction
,
so
that
he
may
commit
the
offendors
to
the
gaole
,
and
may
fyne
them
.
24.
Also
by
some
good
authorities
,
25.
Also
the
statute
34.
E.
3.
ca.
1.
26.
But
as
I
conceive
none
of
those
authorities
will
warrant
two
Iu.
of
P.
upon
the
statute
of
13.
H.
4.
ca.
7.
27.
And
now
to
the
particulars
of
that
which
the
two
next
Iustices
of
peace
with
the
Sheriffe
or
undersheriffe
must
doe
in
execution
of
this
statute
of
13.
H.
4.
7.
Every
one
upon
paine
of
100.l
.
29.
And
they
shall
take
the
power
of
the
County
(
if
need
be
)
sc.
they
shall
have
the
aide
of
the
Knights
and
other
temporall
persons
under
that
degree
,
that
be
above
the
age
of
fifteene
yeares
,
and
bee
able
to
travell
,
Dyer
232.
30.
But
it
is
referred
to
the
discretion
of
these
two
Iustices
,
how
many
or
few
they
will
have
to
attend
them
in
this
businesse
,
31.
Neverthelesse
,
it
is
not
good
for
the
Iustices
to
assemble
the
power
of
the
County
,
33.
Also
it
seemeth
,
that
all
such
as
came
in
the
company
with
such
rioters
,
or
in
the
company
of
any
of
them
,
if
that
the
Iustices
shall
finde
them
there
present
(
though
they
doe
nothing
,
35.
But
if
the
Iustices
doe
come
and
see
the
riot
committed
and
after
the
said
riotters
shall
escape
from
the
Iustices
at
that
time
,
yet
the
said
Iustices
shall
record
it
,
but
they
cannot
arrest
them
,
at
any
other
time
,
except
it
be
presenly
after
and
in
fresh
suite
,
neither
can
they
fine
the
offendors
nor
award
any
proces
against
them
upon
the
record
which
they
shall
make
,
and
yet
for
that
they
saw
the
riot
(
and
those
riotters
that
be
escaped
,
committing
the
riot
)
they
shall
record
it
,
but
that
record
shall
not
be
kept
amongst
the
rest
of
the
records
of
the
peace
,
but
the
said
Iustices
shall
send
the
said
record
into
the
Kings
Bench
,
that
processe
may
from
thence
be
made
upon
it
against
those
riotters
that
be
escaped
,
where
also
the
said
offendors
shall
not
be
admitted
to
any
traverse
,
but
must
of
necessity
make
fine
for
their
said
offence
.
36.
If
after
the
Iustices
and
Sheriffe
shall
see
the
riot
,
37.
Also
such
offendors
as
the
Iustices
saw
committing
the
riot
,
though
they
shall
escape
from
the
Iustices
,
38.
If
such
offendors
shall
depart
before
the
comming
of
the
Iustices
,
yet
upon
certaine
information
of
their
being
there
,
39.
Also
in
the
execution
of
this
arrest
of
the
riotters
,
40.
41.
After
the
arrest
made
,
42.
But
if
the
Iustices
of
peace
doe
not
themselves
see
the
Riot
,
See
9.
H.
6.
fo.
60.
Br.
Iudges
2.
48.
For
the
forme
of
the
record
,
vide
tit
.
Warrants
and
presidents
.
49.
The
record
ought
to
remaine
with
one
of
the
said
Iustices
of
peace
,
50.
Also
the
said
Iustices
of
peace
(
and
none
other
Iustices
of
peace
)
shall
commit
such
offendors
to
the
gaole
,
51.
Also
such
commitment
of
the
offendors
to
the
gaole
ought
to
be
done
presently
.
52.
And
the
power
of
the
County
ought
to
bee
ayding
to
the
Sheriffe
and
undersheriffe
for
the
convaying
of
them
to
the
gaole
,
53.
If
the
Iustices
of
peace
,
and
Sheriffe
or
undersheriffe
shall
record
the
riot
,
13.
H.
4.
54.
Also
the
said
Iustices
of
peace
,
and
none
other
,
shall
assesse
the
fines
upon
the
offendors
,
Co.
8.
4.
1.
a.
which
fines
by
the
statute
2.
H.
5.
8.
ought
to
be
of
good
value
that
out
thereof
the
charges
of
the
said
Iustices
and
other
officers
may
be
borne
,
sc.
their
charges
in
going
,
tarrying
,
55.
And
yet
such
fines
must
be
reasonable
and
just
and
secundum
quantitatem
&
qualitatem
delicti
,
and
not
unreasonable
or
excessive
,
(
for
excessus
in
re
qualibet
jure
reprobatur
communi
,
Co.
11.
44.
and
so
it
is
commanded
by
the
statutes
18.
E.
3.
2.
&
34.
Edw.
3.
1.
P.
Iust.
1.
&
18.
56.
Note
also
that
the
fine
assessed
in
this
and
such
like
cases
must
not
be
imposed
upon
all
the
offendors
jointly
,
but
must
be
assessed
upon
every
offendor
severally
.
Co.
11.
43.
44.
57.
And
the
said
Iustices
shall
cause
the
said
fines
to
be
estreated
into
the
Exchequer
,
58.
P.
R.
29.
59.
The
forme
of
such
enquiry
or
presentment
you
may
fee
in
the
title
of
warrants
and
presidents
.
60.
This
enquiry
shall
not
be
,
61.
62.
Although
the
words
of
the
statute
are
,
the
same
Iustices
,
63.
64.
65.
At
this
enquiry
the
Sheriffe
or
undersheriffe
ought
to
be
present
with
the
Iustices
of
peace
,
66.
If
the
Iustices
doe
assemble
themselves
,
the
Sheriffe
and
the
Iury
,
67.
And
also
the
Iustices
ought
to
make
Proclamation
,
that
if
any
man
will
give
Evidence
for
the
King
concerning
that
riot
,
or
(
generally
)
will
informe
the
Kings
Iustices
of
any
Riots
,
Routs
,
&c.
and
thereupon
some
other
persons
may
perhaps
come
forth
to
informe
them
therein
.
P.
R.
30.
72.
But
when
men
are
indicted
of
Riots
,
or
the
like
they
will
usually
yeild
themselves
,
and
pray
to
be
admitted
to
their
fine
,
in
which
case
the
Iustices
of
peace
,
commonly
doe
assesse
but
some
small
fyne
,
and
upon
the
payment
thereof
doe
discharge
the
offendor
,
and
hereby
the
offendors
are
not
imprisoned
,
which
would
worke
more
feare
in
such
offendors
then
such
fyne
,
and
therefore
it
is
behoovefull
for
the
Iustices
of
peace
to
use
good
care
and
discretion
herein
,
for
by
the
statute
the
offendors
are
aswell
to
be
imprisoned
as
fyned
,
and
it
seemeth
much
more
serviceable
and
more
agreeing
with
the
intent
of
the
Law
,
besides
this
fine
called
by
diverse
old
statutes
ransome
,
73.
2.
H.
5.
ca.
8.
to
put
in
greater
summes
then
they
were
wont
to
be
put
in
such
cases
,
for
the
bearing
of
the
charges
of
the
Iustices
and
other
officers
,
&c.
74.
At
the
common
Law
a
Riot
was
punishable
as
a
Trespasse
,
and
aswell
the
fyne
as
the
imprisonment
were
at
the
discretion
of
the
Iudges
,
and
in
the
same
manner
the
statute
of
13.
H.
4.
enableth
the
Iustices
of
peace
to
punish
such
offendors
,
but
now
aswel
the
imprisonment
as
the
fine
of
such
offendors
are
to
be
encreased
by
the
said
statute
2.
H.
5.
75.
And
therefore
where
the
Iustices
of
peace
are
remisse
herein
,
76.
Lastly
,
if
the
truth
,
Cromp.
63.
b.
&
199.
b.
77.
The
end
of
this
certificate
is
but
onely
to
put
and
force
the
offendors
to
answer
thereto
,
before
the
King
and
his
Councell
,
and
though
the
words
of
the
statute
doe
make
this
certificate
to
bee
of
the
force
of
a
presentment
of
twelve
men
against
the
offendors
,
yet
such
certificate
is
no
Conviction
,
but
that
the
offendors
may
traverse
it
by
the
words
of
the
same
statute
:
and
so
this
certificate
is
only
of
the
nature
of
a
declaration
or
indictment
at
the
common
law
,
and
therefo●e
it
ought
to
comprehend
the
certainty
of
the
time
,
place
,
persons
and
other
materiall
circumstances
.
81.
If
there
shall
be
twenty
parties
to
a
Riot
,
and
the
Iury
shall
finde
but
ten
of
them
guilty
,
83.
If
after
the
inquiry
and
before
the
certificate
,
the
Sheriffe
shall
dye
,
84.
For
the
forme
of
such
certificate
see
the
Title
of
warrants
and
presidents
.
13.
H.
4.
ca.
7.
the
party
grieved
may
have
a
Commission
13.
H.
4.
87.
And
although
that
such
writ
come
not
to
the
said
Iustices
,
Sheriffe
,
or
undersheriffe
,
yet
they
shall
not
be
excused
of
the
penalty
of
100.l
.
aforesaid
,
if
they
make
not
execution
of
the
said
statute
.
89.
The
statute
of
13.
H.
4.
2.
H.
5.
was
made
authorising
the
Lord
Chancellor
at
the
instance
of
the
partie
grieved
to
grant
a
Commission
to
inquire
of
the
defaults
of
the
two
next
Iustices
of
peace
and
Sheriffe
in
not
executing
the
aforesaid
statute
of
13.
H.
4.
and
withall
providing
how
the
charges
of
the
Iust.
spent
about
the
suppressing
and
inquirie
of
such
Riots
should
be
borne
,
and
also
limitting
what
punishment
aswell
the
offendors
of
such
riots
,
as
also
all
such
as
should
not
be
ready
to
assist
and
aide
the
said
Iustices
to
represse
such
Riotters
,
should
suffer
.
90.
So
as
now
it
appeareth
by
that
which
hath
been
said
that
the
Iustices
of
peace
are
to
be
severely
punished
if
they
shall
be
remisse
or
negligent
in
the
due
execution
of
the
said
statute
of
13.
H.
4.
and
therefore
it
will
be
requisite
in
this
place
to
set
forth
for
the
instruction
of
the
Iustices
of
peace
these
particulars
following
,
videlicet
:
1.
First
,
what
shall
be
said
to
be
a
Riot
,
Rout
or
unlawfull
assembly
and
what
not
.
2.
What
persons
may
commit
a
Riot
,
Rout
or
unlawfull
assembly
.
What
shall
be
said
to
be
a
Riot
,
Rout
or
unlawfull
assembly
within
the
meaning
of
these
statutes
.
CHAP.
51.
1.
WHen
three
persons
or
more
shall
come
or
assemble
themselves
together
,
2.
If
after
their
first
meeting
they
shall
ride
,
goe
,
3.
And
if
they
doe
execute
any
such
thing
indeed
,
then
it
is
a
riot
;
Ed.
3.
st
.
1.
speaking
of
Routs
that
are
brought
in
the
presence
of
the
Iustices
,
and
the
statute
of
7.
R.
2.
ca.
6.
treating
of
riding
in
great
Routs
.
4.
Now
in
Riots
,
Routs
or
unlawfull
assemblies
,
these
foure
circumstances
are
to
be
considered
:
1.
First
,
the
number
of
the
persons
assembled
.
2.
Secondly
,
the
intent
or
purpose
of
their
meeting
.
3.
Thirdly
,
the
lawfulnesse
or
unlawfulnesse
of
the
Act.
4.
Fourthly
,
the
manner
and
circumstances
of
the
Act.
5.
For
the
number
,
6.
But
an
assembly
of
an
hundred
persons
or
more
(
yea
though
they
be
in
armour
)
yet
if
it
be
not
in
terrorem
populi
,
and
were
assembled
without
any
intent
to
breake
the
peace
,
it
is
not
prohibited
by
any
of
these
statutes
.
8.
And
therefore
if
diverse
be
assembled
,
a●d
none
of
them
doe
know
to
what
end
or
purpose
they
are
met
,
this
can
make
no
riot
,
or
Rout
,
till
the
intent
be
knowne
.
9.
If
the
master
(
intending
to
make
a
Riot
)
taketh
with
him
his
ordinary
servants
,
and
maketh
an
affray
or
other
outrage
with
them
,
this
is
no
Riot
in
the
servants
,
10.
And
in
this
former
case
,
it
is
not
materiall
,
though
the
number
of
his
servants
which
goe
with
him
be
above
his
degree
,
so
long
as
they
be
his
houshold
servants
.
P.
R.
25.
13.
If
a
Iury
being
together
shall
fall
out
and
fight
,
14.
Also
where
there
be
three
or
more
gathered
together
,
15.
So
it
is
a
lawfull
assembly
which
is
gathered
together
to
run
at
Tilt
,
&c.
by
the
Kings
commandement
.
16.
So
the
assembly
of
people
,
and
their
use
of
harnesse
upon
usuall
dayes
in
Dublin
,
17.
Also
,
if
divers
doe
assemble
and
gather
together
,
18.
19.
20.
But
otherwise
,
if
by
agreement
they
shall
meet
againe
and
fight
afterwards
,
21.
Now
concerning
the
lawfulnesse
or
unlawfulnesse
of
the
Act
,
Br.
Riots
1.
28.
29.
And
therefore
if
diverse
in
one
company
going
to
the
church
,
2.
Ed.
3.
ca.
3.
30.
31.
One
N.
W.
together
with
fourescore
persons
,
32.
Also
a
Lord
of
a
Coppihold
,
did
enter
with
twenty
persons
,
33.
In
all
cases
where
three
,
or
more
shall
enter
into
lands
,
5.
R.
2.
prohibiteth
the
entry
with
force
,
or
with
multitude
of
people
,
although
the
entry
be
(
otherwise
)
lawfull
.
What
persons
may
commit
a
Riot
.
CHAP.
52.
1.
IF
a
number
of
women
,
(
or
children
under
the
age
of
discretion
)
doe
flocke
together
for
their
owne
cause
,
this
is
no
assemblie
punishable
by
these
statutes
,
unlesse
a
man
of
discretion
moved
them
to
assemble
for
the
doing
of
some
unlawfull
Act
as
Master
Marrow
held
,
2.
Also
women
covert
are
holden
to
be
within
the
statute
of
Mert.
ca.
6.
Westm.
1.
ca.
20.
de
malefactoribus
in
parcis
,
and
within
the
statute
of
2.
Eliz.
ca.
2.
for
recusancy
,
although
they
be
not
particularly
named
within
any
of
this
statute
.
Recognisance
.
CHAP.
53.
1.
A
Recognisance
is
a
bond
of
record
,
testifying
the
Recognisor
to
owe
a
certaine
summe
of
money
to
some
other
,
and
the
acknowledging
of
the
same
is
to
remaine
of
record
,
and
none
can
take
it
but
only
a
Iudge
or
Officer
of
record
.
2.
And
these
recog.
in
some
cases
the
Iu.
of
peace
are
enabled
to
take
by
the
expresse
words
of
certaine
statutes
,
but
in
other
cases
(
as
for
the
peace
,
and
good
behaviour
,
or
the
like
,
)
they
may
doe
it
of
congruity
,
without
any
expresse
authority
given
them
either
by
their
Commission
,
or
by
statute
.
3.
Note
wheresoever
any
statute
giveth
them
power
to
take
a
bond
of
any
man
,
or
to
binde
over
any
man
,
4.
I
will
here
set
downe
only
some
particulars
,
5.
One
Iustice
of
peace
may
take
a
recognisance
for
the
peace
.
6.
7.
8.
9.
Two
Iustices
,
&c.
may
baile
prisoners
,
which
must
be
done
by
recognisance
,
see
here
tit
.
Bailement
.
10.
Also
two
Iustices
of
peace
may
binde
by
recognisance
the
defendant
in
a
suit
of
Tithes
,
to
obey
the
sentence
of
the
Iudge
,
see
postea
tit
.
Tithes
.
11.
A
Iustice
of
peace
can
take
no
Recognisance
,
but
onely
for
such
matters
as
concerne
his
office
,
see
hereof
postea
tit
.
Surety
for
the
Peace
.
12.
Note
also
,
that
a
recognisance
taken
by
a
Iustice
is
a
matter
of
record
presently
,
so
soone
as
it
is
taken
and
acknowledged
,
although
it
be
not
made
up
,
but
only
entred
into
his
booke
,
nay
although
it
be
not
entred
,
as
it
seemeth
.
See
Stamf.
77.
&c.
Br.
record
.
58.
13.
If
a
Iustice
of
peace
shall
take
a
recognisance
,
where
he
hath
no
authoritie
,
it
is
voide
.
14.
And
these
recognisances
taken
by
the
Iustices
of
peace
are
to
be
certified
by
them
at
their
next
quarter
Sessions
,
except
recog
.
taken
for
such
as
shall
informe
against
felons
or
Traitors
,
and
upon
bailement
of
felons
,
which
by
statute
they
are
appointed
to
certifie
at
their
next
generall
gaole
deliverie
.
15.
For
the
Formes
of
recognisances
,
see
hereafter
tit
.
Warrants
and
Presidents
.
Robberie
.
CHAP.
54.
3.
The
like
taxation
,
assessement
,
levying
and
payment
shall
be
had
and
made
for
a
contribution
within
every
hundred
,
5.
Also
a
robberie
done
in
the
night
shall
not
charge
the
hundred
,
but
yet
if
it
be
in
the
day
time
,
or
by
day
light
,
6.
If
upon
pursuite
any
one
of
the
offendors
be
apprehended
,
the
hundred
shall
not
be
charged
,
7.
8.
It
is
said
by
my
Lord
Dyer
,
obitur
in
anno
.
22.
El.
that
the
statute
is
satisfied
,
if
the
names
of
the
offendors
be
discryed
,
13.
Ed.
1.
and
28.
Ed
3.
Winch.
13.
E.
1.
ca.
2.
&
28.
Ed.
3.
ca.
11.
9.
10.
11.
If
a
man
be
robbed
in
one
County
,
and
maketh
Huy
and
Cry
freshly
into
another
County
,
Fincham
15.
Ed.
4.
Br.
Dett
.
104.
12.
Highwayes
,
leading
from
one
market
Towne
to
another
,
shall
be
inlarged
,
so
that
there
be
neither
dike
,
underwood
,
nor
bush
,
whereby
a
man
may
lurke
to
doe
hurt
,
within
200.
foot
of
the
one
side
,
and
of
the
other
,
and
if
by
default
of
the
Lord
that
will
not
amend
the
wayes
,
as
aforesaid
,
any
Robberies
be
done
therein
,
the
Lord
shall
be
answerable
for
the
Robbery
,
and
if
a
parke
be
neere
the
high
way
,
the
Lord
must
set
his
parke
200.
foot
of
each
side
from
the
way
,
as
aforesaid
,
or
else
must
make
such
a
wall
,
dike
,
hedge
or
pale
,
that
such
offendors
may
not
passe
to
and
fro
,
there
to
doe
evill
,
Winch.
13.
Ed.
1.
cap.
5.
Rogues
,
Vagabonds
,
and
Beggers
.
CHAP.
55.
1.
DIverse
good
Lawes
and
statutes
have
beene
made
which
yet
are
of
force
in
Ireland
for
the
punishing
and
ordering
of
Rogues
,
Vagabonds
,
and
Beggers
,
the
substance
whereof
I
have
here
expressed
,
viz
In
anno
23.
E.
3.
ca.
3.
2.
Also
by
a
statute
made
anno
34.
E.
3.
3.
Also
by
a
statute
made
in
anno
7.
R.
2.
it
is
ordeined
that
the
statutes
made
in
the
time
of
King
Edw.
3.
4.
Also
by
a
statute
made
in
anno
12.
R.
2.
5.
Also
by
another
statute
made
in
anno
12.
R.
2.
6.
Also
by
a
statute
made
in
Ireland
in
Anno
33.
H.
8.
ca.
14.
H.
8.
as
also
by
divers
his
most
noble
progenitors
Kings
of
England
for
the
most
necessary
and
due
reformation
of
the
premisses
,
yet
that
notwithstanding
the
said
number
of
Vagabonds
and
beggars
be
not
seene
in
any
part
to
be
minished
,
but
rather
daily
augmented
and
increased
into
great
Routs
and
companies
,
the
Iustices
of
peace
of
all
and
singular
the
shires
within
the
limits
of
their
Commissions
,
and
all
other
Iustices
of
peace
,
Mayors
,
Sheriffes
,
bailiffes
,
and
other
officers
of
all
and
every
Citty
,
Borrough
,
Ridings
,
or
Franchises
within
the
realme
of
Ireland
,
within
the
limits
of
their
authoritie
shall
from
time
to
time
as
often
as
need
shall
require
,
by
their
discretions
divide
themselves
within
the
said
shires
,
Citties
,
boroughs
,
ridings
or
Franchises
,
whereof
they
be
Iustices
of
peace
,
Mayors
,
sheriffes
,
bailiffes
,
or
officers
,
and
so
being
divided
,
shall
make
diligent
search
and
enquirie
of
all
aged
,
poore
and
impotent
persons
which
live
,
or
of
necessitie
are
compelled
to
live
by
almes
of
the
charitie
of
the
people
that
be
or
shall
be
hereafter
abiding
within
every
hundred
,
rape
,
wapentake
,
Cittie
,
borough
,
parish
,
libertie
,
or
Franchises
within
the
limits
of
their
division
,
and
after
and
upon
such
search
made
,
the
said
Iustices
of
peace
,
Mayors
,
Sheriffes
,
bailiffes
,
and
other
Officers
(
that
is
to
say
)
every
of
them
in
the
limits
of
their
authorities
whereunto
they
are
divided
shall
have
power
and
authoritie
by
their
discretions
to
enable
to
begge
within
such
hundred
,
rape
or
wapentake
,
Citty
,
Towne
,
parish
or
other
limits
as
they
shall
appoint
,
such
of
the
impotent
persons
,
which
they
shall
finde
and
thinke
most
convenient
within
the
limits
of
their
division
to
live
of
the
charitie
and
almes
of
the
people
,
and
to
give
in
commandement
to
every
such
aged
and
impotent
begger
(
by
them
enabled
)
that
none
of
them
shall
begge
without
the
limits
to
them
so
appointed
,
and
shall
also
register
and
write
the
names
of
every
such
impotent
begger
by
them
appointed
in
a
bill
or
roll
indented
,
the
one
part
thereof
to
remaine
with
themselves
,
and
the
other
part
by
them
to
be
certified
before
the
I●●tices
of
peace
at
the
next
Sessions
after
such
search
had
,
to
be
holden
within
the
said
shires
,
Cities
,
Townes
,
or
Franchise
,
there
to
remaine
under
the
keeping
of
the
Custos
Rotulorum
,
and
that
the
said
Iustices
of
peace
,
Mayors
,
Sheriffes
,
bailiffes
,
and
other
officers
,
that
is
to
say
,
as
they
be
divided
shall
have
power
and
authoritie
to
make
such
and
so
many
seales
to
be
engraved
with
the
names
of
the
hundreds
,
rapes
,
wapentakes
,
Cities
,
Boroughs
,
townes
,
or
places
within
the
which
they
shall
appoint
and
limit
every
such
impotent
person
to
begge
,
and
commit
the
said
feales
to
the
custodie
of
such
of
them
,
or
to
the
custodie
of
such
a
one
as
they
shall
thinke
convenient
,
and
shall
make
and
deliver
to
every
such
impotent
persons
,
by
them
enabled
to
beg
,
a
letter
containing
the
name
of
such
impotent
person
,
and
witnessing
that
he
is
authorised
to
begge
,
and
the
limits
within
which
he
is
appointed
to
begge
,
the
same
letter
to
be
sealed
with
such
of
the
said
seales
as
shall
be
engraved
with
the
names
of
the
limit
wherein
such
impotent
person
shall
be
appointed
to
begge
in
,
and
to
be
subscribed
with
the
name
of
one
of
the
said
Iustices
or
officers
aforesaid
,
and
if
any
such
impotent
person
so
authorished
to
begge
,
doe
begge
in
any
other
place
then
within
such
limits
that
he
shall
be
assigned
unto
,
that
then
the
Iustices
of
peace
,
Maiors
,
Sheriffes
,
Bailiffes
,
Constables
,
and
other
the
Kings
officers
and
ministers
shall
by
their
discretions
punish
all
such
persons
by
imprisonment
in
the
stocks
,
by
the
space
of
two
dayes
and
two
nights
,
giving
them
onely
but
bread
and
water
,
and
after
that
,
cause
every
impotent
person
to
be
sworne
to
returne
againe
without
delay
to
the
hundred
,
rape
,
wapentake
,
City
,
Burrough
,
Towne
,
Parish
,
or
Franchises
,
where
they
be
authorised
to
begge
in
,
and
that
no
such
impotent
person
,
as
is
above
said
,
shal
begge
within
any
part
of
this
Realme
except
he
be
authorised
by
writing
under
seale
as
is
abovesaid
,
and
if
any
such
impotent
person
be
vagrant
and
going
a
begging
having
no
such
letter
under
seale
,
as
is
above
specified
,
that
then
the
Constables
and
all
other
inhabitants
within
such
Towne
,
or
Parish
,
where
such
person
shall
begge
,
shall
cause
every
such
begger
to
be
taken
and
brought
to
the
next
Iustice
of
peace
or
high
Constable
of
the
hundred
,
and
thereupon
the
said
Iustice
of
peace
or
high
Constable
,
shall
command
the
said
Constables
,
and
other
inhabitants
of
the
Towne
or
Parish
which
shall
bring
before
him
any
such
begger
,
that
they
shall
strip
him
naked
from
the
middle
upward
,
and
cause
him
to
be
whipped
within
the
Towne
where
he
was
taken
,
or
within
some
other
Towne
where
the
same
Iustice
or
high
Constable
shall
appoint
,
if
it
shall
seeme
,
to
the
discretion
of
the
said
Iustice
of
peace
or
high
Constable
,
that
it
be
convenient
so
to
punish
such
begger
to
him
brought
;
and
if
not
,
then
to
command
such
beggar
to
be
set
in
the
Stocks
in
the
same
Parish
where
he
was
taken
,
by
the
space
of
three
dayes
and
nights
,
there
to
have
only
bread
and
water
,
and
thereupon
the
said
Iustice
,
or
high
Constable
,
before
whom
such
begger
shall
be
brought
,
shall
limit
to
him
a
place
to
begge
in
,
and
give
to
him
a
letter
under
seale
in
forme
above
remembred
,
and
sweare
him
to
depart
and
repaire
thither
immediately
after
his
punishment
to
him
executed
,
and
that
if
any
person
or
persons
being
whole
and
mighty
in
body
,
and
able
to
labour
,
be
taken
in
begging
in
any
part
of
this
Realme
,
or
if
any
man
or
woman
being
whole
and
mighty
in
body
and
able
to
labour
having
no
land
,
master
,
nor
using
any
lawfull
merchandize
,
craft
,
or
mysterie
,
whereby
he
might
get
his
living
be
vagrant
and
can
give
no
reckoning
how
he
doth
lawfully
get
his
living
,
that
then
it
shall
be
lawfull
to
the
Constables
,
and
all
other
the
Kings
officers
,
ministers
,
and
subjects
of
every
Towne
,
Parish
and
Hamlet
,
to
arrest
the
said
Vagabonds
and
idle
persons
,
and
them
bring
to
any
of
the
Iustices
of
peace
of
the
same
shire
or
liberty
,
or
else
to
the
high
Constable
of
the
hundred
,
rape
,
or
wapentake
,
within
which
such
persons
shall
be
taken
,
and
if
he
be
taken
within
any
City
or
Towne
corporate
,
then
to
be
brought
before
the
Maior
,
Sheriffes
,
or
Bailiffes
,
of
every
Towne
corporate
,
and
that
every
such
Iustice
of
peace
,
high
Constable
,
Maiors
,
Sheriffes
and
Bailiffes
,
by
their
discretions
shall
cause
every
such
idle
person
to
him
so
brought
,
to
be
had
to
the
next
market
Towne
or
other
place
where
the
said
Iustices
of
peace
,
high
Constable
,
Maiors
,
Sheriffes
,
Bailiffes
,
o●
other
officers
,
shall
thinke
most
convenient
by
his
or
their
discretion
,
and
there
to
be
tyed
to
the
●nd
of
a
Cart
naked
,
and
be
beaten
with
whippes
throughout
the
●ame
market
Towne
or
other
place
till
his
body
be
bloudy
by
reason
of
such
whipping
,
and
after
such
punishment
and
whipping
had
,
the
person
so
punished
by
the
discretion
of
the
Iustice
of
peace
,
high
Constable
,
Maiors
,
Sheriffes
,
Bailiffes
,
and
other
officers
before
whom
such
person
shall
be
brought
,
shall
be
enjoyned
by
his
oath
to
returne
forthwith
without
delay
in
the
next
and
straight
way
to
the
place
,
where
he
was
borne
,
or
where
he
last
dwelled
before
the
same
punishment
by
the
space
of
three
yeares
,
and
there
to
put
himselfe
to
labour
like
as
a
true
man
ought
to
doe
,
and
after
that
done
,
every
such
person
so
punished
and
ordered
,
shall
have
a
letter
sealed
with
the
seale
of
the
hundred
,
rape
,
wapentake
,
City
,
Borough
,
Towne
,
liberty
,
or
Franchise
,
wherein
he
shall
be
punished
,
witnessing
that
he
hath
beene
punished
according
to
this
statute
,
and
containing
the
day
and
place
of
his
punishing
,
and
the
place
whereunto
he
is
limited
to
come
thither
,
within
which
time
he
may
lawfully
begge
by
the
way
,
shewing
the
letter
,
and
otherwise
not
,
and
if
he
doe
not
accomplish
the
order
to
him
appointed
by
the
said
letter
,
thereto
be
eftsoones
taken
and
whipped
,
and
so
as
often
as
any
default
shall
be
found
in
him
contrary
to
the
statute
,
in
every
place
to
be
taken
and
whipped
,
till
he
be
repaired
where
he
was
borne
,
or
where
he
last
dwelled
by
the
space
of
three
yeares
,
and
there
put
his
body
to
labour
for
his
living
,
or
otherwise
truely
to
get
his
living
without
begging
as
long
as
he
is
able
so
to
doe
,
and
if
the
person
so
whipped
be
an
idle
person
,
and
no
common
begger
,
then
after
such
whipping
he
shall
be
kept
in
the
Stocks
till
he
have
found
surety
to
goe
to
service
,
or
else
to
labour
,
after
the
discretion
of
the
said
Iustices
of
peace
,
Maiors
,
Sheriffes
,
Bailiffes
,
high
Constables
,
or
other
such
officers
,
before
whom
any
such
idle
person
,
being
no
common
begger
,
shall
be
brought
,
if
by
the
discretion
of
the
same
Iustice
of
peace
,
Maior
,
Sheriffe
,
Bailiffe
,
high
Constable
,
or
other
such
head
officer
it
be
so
thought
convenient
,
and
that
the
party
so
punished
be
able
to
finde
surety
,
or
else
to
be
ordered
and
sworne
to
repaire
to
the
place
where
he
was
borne
,
or
where
he
last
dwelled
by
the
space
of
three
yeares
,
and
to
have
like
letter
,
and
such
further
punishment
,
if
he
eftsoones
offend
this
statute
,
as
is
above
appointed
to
and
for
the
common
strong
and
able
beggers
,
and
so
from
time
to
time
,
to
be
ordred
and
punished
till
he
put
his
body
in
labour
,
or
otherwise
get
his
living
truely
,
according
to
the
statute
,
and
that
the
Iustices
of
peace
of
every
shire
,
riding
,
City
,
Towne
and
liberty
shall
have
power
and
authority
within
their
limits
of
their
Commissions
,
to
enquire
of
all
Maiors
,
Sheriffes
,
Bailiffes
,
Constables
,
and
other
like
officers
and
persons
that
shall
be
negligent
in
executing
of
this
Act
,
and
if
the
Constables
and
inhabitants
within
any
Towne
or
Parish
,
where
any
such
impotent
person
or
strong
begger
doth
happen
to
begge
contrary
to
the
forme
of
this
statute
,
be
negligent
and
take
not
every
such
impotent
and
strong
begger
,
that
so
shall
begge
against
the
forme
of
the
statute
,
and
order
and
punish
every
such
begger
,
as
is
above
limitted
,
that
then
the
Towneship
or
Parish
,
where
such
default
shall
be
,
shall
lose
and
forfeite
for
every
such
impotent
begger
that
shall
be
suffred
to
begge
within
the
said
Towneship
or
Parish
,
not
being
taken
,
ordred
and
punished
according
to
the
forme
of
this
statute
three
shillings
and
foure
pence
;
and
for
every
strong
begger
that
shall
happen
to
begge
within
any
such
Towneship
or
Parish
,
not
being
taken
and
ordered
as
is
above
limitted
by
this
statute
six
shillings
and
eight
pence
,
the
one
halfe
of
all
which
forfeitures
to
be
to
the
King
our
soveraigne
Lord
,
and
the
other
halfe
to
him
that
will
sue
for
the
same
,
by
any
bill
of
information
before
the
Kings
Iustices
of
his
peace
in
their
Sessions
to
be
holden
within
the
Shire
,
or
within
the
liberty
where
such
default
shall
happen
,
and
that
all
Iustices
of
peace
within
any
Shire
,
City
,
Borough
,
or
liberty
,
shall
have
full
power
and
authority
aswell
to
heare
and
determine
every
such
default
by
presentment
as
by
such
bill
of
Information
,
and
upon
every
presentment
afore
them
,
and
upon
every
such
bill
of
Information
to
make
processe
by
distresse
against
the
Inhabitants
of
every
such
Towne
and
Parish
where
any
such
default
shall
be
presented
or
supposd
by
any
such
Information
,
by
authority
of
which
distresse
the
Sheriffe
or
other
officer
to
whom
by
the
Law
such
distresse
shall
be
made
,
shall
distreine
the
goods
and
Chattels
of
such
one
or
two
of
the
said
Inhabitants
,
as
he
may
have
knowledge
,
were
most
negligent
and
in
default
in
the
execution
of
this
Act
,
and
the
said
distresse
retaine
till
they
finde
surety
to
appeare
at
the
next
Sessions
limitted
in
their
said
distresse
,
and
in
case
they
appeare
and
confesse
the
default
,
or
else
if
they
traverse
the
presentment
,
and
it
be
tryed
against
them
by
verdict
,
or
deny
the
Information
,
and
it
be
proved
against
them
by
sufficient
witnesse
,
then
the
said
Iustices
of
peace
in
their
Sessions
,
shall
have
power
and
authority
to
assesse
the
fines
as
beene
above
limitted
,
after
the
rates
abovesaid
,
and
to
make
processe
for
the
levying
of
the
fame
by
distresse
of
the
Inhabitants
of
such
Townes
or
Parishes
where
such
default
shall
be
tryed
or
proved
,
and
that
every
such
fyne
,
if
it
grow
by
presentment
,
to
be
only
to
the
Kings
use
,
and
if
it
grow
by
Information
,
the
moity
thereof
to
be
to
him
that
pursueth
the
information
for
the
fame
,
and
the
other
moity
thereof
to
the
Kings
use
,
as
is
aforesaid
,
and
if
any
such
person
or
persons
distrained
appeare
not
at
the
day
and
place
contained
in
such
distresse
,
then
upon
the
returne
of
the
Sheriffe
or
other
officer
to
whom
the
distresse
was
delivered
to
execute
,
that
such
person
or
persons
were
distrained
,
then
every
such
person
or
persons
so
distrained
,
at
the
first
distresse
shall
loose
40.
d.
and
at
the
second
5.
s.
8.
d.
and
so
to
be
doubled
upon
every
distresse
in
such
cases
to
be
awarded
,
till
apparance
may
be
had
by
one
of
the
Inhabitants
of
such
Towne
or
Parish
,
to
deny
traverse
;
or
confesse
the
presentment
or
information
exhibited
against
any
such
Towne
or
Parish
,
to
the
intent
that
upon
tryall
or
proofe
thereof
the
fynes
above
limitted
may
be
assessed
and
levyed
of
the
Inhabitants
of
every
such
Towne
or
Parish
,
as
is
above
rehearsed
,
and
that
Schollers
of
the
universities
that
goe
about
begging
,
not
being
authorised
under
the
seale
of
the
universities
by
the
Commissary
,
Chancellor
,
or
Vice-chancellor
of
the
same
,
and
all
and
singular
shipmen
pretending
losses
of
ther
ships
and
goods
of
the
Sea
,
going
about
the
Countrey
begging
without
sufficient
authority
witnessing
the
same
,
shall
be
punished
,
and
ordered
in
manner
and
forme
as
is
above
rehearsed
of
strong
beggers
,
and
that
all
proctors
and
pardoners
going
about
in
any
Countrey
or
Countreyes
,
without
sufficient
authority
,
and
all
other
idle
persons
going
about
in
any
Countrey
or
abiding
in
any
City
,
Borough
,
or
Towne
,
some
of
them
using
diverse
and
subtile
,
crafty
and
unlawfull
gaines
and
playes
,
and
some
of
them
faining
themselves
to
have
knowledge
in
Physicke
,
Phisnomy
,
Palmestry
,
and
other
crafty
sciences
,
whereby
they
beare
the
people
in
hand
that
they
can
tell
their
destines
,
diseases
,
and
fortunes
,
and
such
other
like
fantasticall
imaginations
,
to
the
great
deceit
of
the
Kings
subjects
shall
upon
examination
had
before
two
Iustices
of
peace
,
whereof
the
one
shall
be
of
the
Quorum
,
if
he
by
proveable
witnesse
be
found
guilty
of
any
such
deceits
,
be
punished
by
whipping
at
two
dayes
together
,
after
the
manner
before
rehearsed
,
and
if
he
eftsoones
offend
in
the
said
offence
or
in
the
like
offence
then
to
be
scourged
two
dayes
and
the
third
day
to
be
put
upon
the
pillory
from
9.
of
the
clocke
till
11.
before
noone
of
the
same
day
,
and
to
have
one
of
his
Eares
cut
of
,
and
if
he
offend
the
third
time
,
to
have
like
punishment
with
whipping
,
standing
on
the
pillory
,
and
to
have
his
other
Eare
cut
of
,
and
that
Iustices
of
peace
have
like
authority
in
every
liberty
and
franchise
within
their
Shires
where
they
be
Iustices
of
peace
for
the
execution
of
this
Act
in
every
part
thereof
as
they
shall
have
without
their
liberty
or
franchise
,
and
that
this
Act
shall
every
yeare
be
read
in
open
Sessions
,
to
the
intent
that
the
statute
shall
be
the
more
feared
,
and
the
better
put
in
execution
,
and
furthermore
be
it
enacted
,
that
if
any
person
or
persons
,
at
any
time
hereafter
give
any
harbour
,
money
,
or
lodging
,
to
any
beggers
being
strong
and
able
in
their
bodies
to
worke
,
which
order
themselves
contrary
to
the
forme
of
this
statute
,
that
every
such
person
so
doing
,
being
sufficiently
proved
or
presented
before
any
Iustice
of
peace
,
shall
make
such
fine
to
the
King
as
by
the
discretion
of
the
said
Iustices
of
peace
at
their
generall
Sessions
shall
be
assessed
;
and
if
any
person
or
persons
doe
disturbe
or
let
the
execution
of
this
Act
in
any
manner
wise
,
or
make
rescous
against
any
Maior
,
sheriffe
,
bailiffe
,
or
other
person
that
shall
endeavour
himselfe
for
the
due
execution
thereof
,
that
then
every
such
person
and
persons
,
for
every
such
offence
doing
,
shall
loose
100.
s.
and
over
that
to
have
imprisonment
at
the
Kings
will
,
the
one
halfe
of
which
forf
.
if
such
offence
be
committed
in
any
Citie
or
towne
corporate
,
to
be
to
the
Maior
,
Sheriffe
,
Bailiffe
,
or
other
head
Officers
of
such
Towne
or
City
corporate
,
where
any
such
offence
shall
be
done
,
to
the
use
of
the
commonaltie
of
every
such
Citie
of
towne
corporate
,
and
if
it
be
committed
out
of
the
Cittie
or
Towne
corporate
,
then
the
said
one
halfe
to
be
to
the
Lord
of
the
Leere
or
Law
day
where
such
offence
shall
be
done
,
and
the
other
halfe
of
every
such
forf
.
to
be
to
the
King
,
for
the
which
forf
.
of
5.
l.
recoverie
shall
be
had
by
action
of
debt
,
Bill
,
or
plaint
,
or
information
in
any
of
the
Kings
Courts
,
in
which
suits
the
defendants
shall
not
wage
their
Law
,
nor
have
any
essoigne
or
protection
allowed
:
And
it
is
ordeined
and
enacted
that
the
seales
above
rehearsed
shall
be
made
at
the
costs
and
charges
of
the
Iustices
of
peace
,
Maiors
,
Sheriffes
,
Bailiffes
,
and
other
officers
above
written
(
that
is
to
say
)
that
every
of
them
should
doe
the
said
seales
,
to
be
made
within
the
limits
of
their
divisions
,
jurisdictions
and
authorities
:
And
it
is
also
ordeined
and
enacted
,
that
every
letter
to
be
made
,
by
the
authoritie
of
this
Act
,
whereby
any
impotent
begger
shall
be
authorised
and
assigned
to
begge
,
shall
be
made
in
this
forme
ensuing
,
viz:
Dublin
.
ss.
Memorandum
that
A.
B.
of
dale
for
reasonable
consideration
is
licensed
to
begge
within
the
hundred
of
P.
K.
and
L.
in
the
said
County
,
given
under
the
seale
of
that
limit
,
tali
die
&
anno
.
And
that
every
such
letter
that
shall
be
made
and
delivered
to
such
begger
or
Vagabond
,
after
he
hath
beene
whipped
by
authority
of
this
Act
shall
be
made
in
this
wife
following
.
Dublin
.
I.
S.
whipped
for
a
vagrant
strong
begger
,
at
Dale
in
the
said
County
according
to
the
Law
,
the
28.
day
of
Iuly
in
the
13.
yeare
of
King
Charles
,
&c.
was
assigned
to
passe
forthwith
,
and
directly
from
thence
to
sale
in
the
County
of
Meath
,
where
he
saith
he
was
borne
,
(
or
where
he
last
dwelled
by
the
time
of
three
yeares
)
and
he
is
limitted
to
be
there
within
14.
dayes
next
ensuing
at
his
perill
(
or
within
such
number
of
dayes
as
to
him
shall
be
limitted
by
the
discretion
of
him
that
maketh
the
said
letter
)
In
witnesse
wherof
the
seale
of
the
limit
of
the
said
place
of
his
punishment
hereunto
is
set
.
7.
And
it
is
enacted
,
that
every
such
letter
shall
be
made
at
the
equall
costs
of
such
the
said
Iustices
,
mayors
,
sheriffes
,
bailiffes
,
and
other
officers
within
whose
Iurisdictions
,
powers
and
authorities
,
the
said
begger
or
Vagabond
shall
be
whipped
or
limitted
to
begge
in
,
by
authoritie
of
this
Act
,
and
every
such
letter
shall
be
subscribed
with
the
hand
of
one
of
the
Iustices
,
Maiors
,
sheriffes
,
bailiffes
,
or
other
officers
,
in
this
forme
following
,
Per
me
A.
B.
unam
Iusticiariorum
pacis
,
or
majorem
civitatis
,
or
ballivum
villae
or
constabularium
talis
hundredi
,
or
else
in
like
forme
in
English
.
8.
And
it
is
further
enacted
,
that
every
such
person
or
persons
,
that
have
the
custodie
of
any
gaoles
within
any
shire
,
City
,
borough
,
or
towne
corporate
shall
doe
,
make
a
seale
engraved
with
the
name
of
the
Castle
,
prison
or
gaole
which
he
keepeth
,
and
in
case
any
person
or
persons
that
shall
be
delivered
out
of
any
gaole
or
prison
for
suspition
of
felony
by
proclamation
,
or
be
acquit
of
any
felony
,
and
hath
no
friends
to
pay
his
fees
,
nor
was
borne
within
the
hundred
or
place
where
he
shall
happen
to
be
so
delivered
,
nor
can
get
him
no
master
there
to
abide
and
worke
with
,
shall
have
libertie
to
begge
for
his
Fees
by
the
license
of
his
Keeper
by
the
space
of
six
weekes
next
after
such
deliverance
,
and
after
that
to
be
compelled
to
goe
to
the
hundred
where
he
was
borne
,
or
last
dwelled
for
the
space
of
three
yeeres
,
within
such
time
as
shall
be
limited
to
him
by
one
of
the
Iustices
of
peace
,
Mayors
,
sheriffes
,
bailiffes
or
other
officers
where
such
deliverance
shall
be
had
:
And
it
is
enacted
,
that
every
such
person
so
delivered
,
shall
have
a
letter
made
to
him
by
the
Clarke
of
the
peace
of
the
shire
,
within
the
which
he
was
delivered
if
he
be
delivered
within
the
shire
,
and
if
he
bee
delivered
within
any
Towne
,
Citie
,
borough
,
corporate
,
then
he
to
have
a
letter
of
the
common
Clerke
of
every
such
City
,
borough
or
towne
corporate
,
where
he
is
delivered
,
every
such
letter
witnessing
the
day
of
his
deliverance
,
and
the
place
where
he
was
delivered
,
and
before
whom
,
and
the
time
appointed
when
he
shall
begge
for
his
Fees
,
and
the
place
to
the
which
he
shall
be
assigned
to
repaire
unto
,
in
case
he
can
get
no
master
to
fall
to
worke
where
he
was
delivered
,
and
to
every
such
letter
the
gaoler
or
keeper
of
the
prison
out
of
which
the
person
shall
be
delivered
,
shall
put
the
seale
limitted
to
be
made
,
as
is
aforesaid
,
for
the
said
prison
,
and
that
every
such
letter
shall
be
made
in
this
wise
following
:
Dublin
.
ss
.
the
20.
day
of
Iuly
Anno
regni
regis
Caroli
I.
S.
was
delivered
for
felony
our
of
the
gaole
of
D.
in
the
said
County
at
the
Sessions
holden
afore
A.B.
and
his
fellowes
at
Sale
,
the
day
and
yeare
aforesaid
,
and
is
allowed
to
begge
for
his
Fees
by
the
space
of
six
weekes
,
and
in
case
he
can
get
no
master
to
worke
with
in
the
said
terme
,
then
he
is
assigned
to
goe
directly
to
D.
in
the
county
of
Meath
,
wherein
he
saith
he
was
borne
,
or
last
dwelled
by
the
space
of
three
yeares
,
and
he
is
allowed
14.
dayes
next
after
the
six
weeks
for
his
passage
thither
(
or
such
number
of
daies
as
to
him
shall
bee
limited
by
the
discretion
of
the
maker
of
the
said
letter
)
In
witnesse
whereof
the
seale
of
the
prison
from
the
which
hee
was
delivered
thereunto
is
set
,
and
in
such
shires
where
no
gaole
is
the
sheriffe
therof
for
the
time
being
shall
cause
a
seale
to
be
engraved
with
the
name
of
the
shire
,
and
shall
order
and
use
the
same
seale
to
and
for
such
persons
so
delivered
,
as
is
aforesaid
,
after
like
maner
and
forme
as
the
Gaoler
and
keeper
of
the
gaole
is
limitted
and
appointed
to
doe
by
this
Act.
And
it
is
also
enacted
that
every
Clerke
of
the
peace
of
the
Shire
within
the
which
such
person
shall
be
delivered
,
and
every
common
Clerke
of
every
Citie
,
borough
,
or
towne
corporate
within
the
which
any
such
person
shall
bee
delivered
shall
make
for
every
such
person
as
shall
be
so
delivered
where
they
be
such
officers
,
the
said
letter
in
forme
abovesaid
,
without
any
Fee
taking
for
the
same
,
and
shall
deliver
every
such
letter
to
the
Gaoler
or
keeper
of
the
prison
from
the
which
such
person
shall
be
delivered
,
and
if
there
be
no
Gaole
there
,
then
to
the
Sheriffe
of
the
shire
,
where
such
deliverance
shall
be
had
within
one
day
next
after
the
end
of
the
Sessions
,
where
any
such
deliverance
is
had
,
upon
paine
to
loose
and
forfeit
for
the
default
of
every
letter
12.
d.
to
the
Kings
Majestie
,
and
that
the
Gaoler
or
Keeper
of
the
prison
from
the
which
the
person
shall
be
so
delivered
,
and
in
case
there
be
no
Gaole
,
then
the
Sheriffe
of
the
shire
where
any
such
deliverance
shall
be
had
,
shall
not
suffer
any
such
person
to
goe
abroad
to
begge
for
his
fees
,
nor
depart
out
of
prison
,
except
it
be
to
service
or
labour
,
unlesse
the
said
Gaoler
or
sheriffe
first
deliver
to
the
said
person
the
said
letter
containing
his
name
,
sealed
with
the
seale
of
the
prison
,
from
the
which
he
shall
be
delivered
,
or
else
with
the
seale
engraved
with
the
name
of
the
shire
,
if
there
be
no
prison
,
upon
paine
for
every
default
to
loose
12.
d.
to
the
Kings
highnesse
.
And
it
is
enacted
that
if
any
person
or
persons
so
being
delivered
out
of
prison
,
at
any
time
after
the
said
feast
doe
begge
,
not
having
the
letter
aforesaid
sealed
in
forme
abovesaid
,
or
begge
contrary
to
the
tennor
of
the
said
letter
,
that
then
he
shall
be
taken
,
ordered
and
whipped
in
every
behalfe
,
like
as
is
above
appointed
for
strong
beggers
,
and
that
to
bee
done
and
executed
by
such
as
be
above
limitted
to
doe
the
same
upon
strong
beggers
,
and
in
such
wife
,
and
upon
such
paine
,
as
is
above
limitted
,
for
non
execution
of
the
punishment
of
strong
beggers
,
provided
alway
that
it
be
lawfull
to
every
person
and
persons
,
being
bounden
by
reason
of
any
foundation
or
ordinance
to
give
or
distribute
any
money
in
Almes
,
and
also
to
every
person
and
persons
at
common
doles
,
used
at
burials
or
obytes
,
to
give
and
dispose
in
Almes
any
money
to
every
person
and
persons
commīng
to
such
Almes
or
Doles
after
like
forme
and
manner
as
they
have
beene
accustomed
to
doe
in
that
behalfe
,
before
the
making
of
this
Act
,
without
any
danger
or
penaltie
of
this
statute
,
any
thing
contained
in
this
present
statute
to
the
contrary
hereof
notwithstanding
,
provided
also
that
it
be
lawfull
to
all
masters
and
Governours
of
hospitals
,
to
lodge
and
harbour
any
person
or
persons
of
charitie
or
Almes
,
according
to
the
foundation
of
such
hospitals
,
and
to
give
money
in
Almes
,
in
as
large
manner
and
forme
as
they
are
bounden
,
or
owen
to
doe
any
thing
in
this
statute
to
the
contrary
hereof
notwithstanding
.
And
lastly
in
anno
11.
Caroli
ca.
4.
in
Ireland
it
is
ordeined
,
for
the
better
suppressing
of
Rogues
,
Vagabonds
,
and
other
idle
and
disorderly
persons
that
before
the
Feast
of
Saint
Michael
the
Archangell
which
shall
be
in
the
yeare
of
our
Lord
God
,
one
thousand
six
hundred
thirty
and
six
,
there
shall
be
erected
,
built
,
or
otherwise
provided
within
every
County
of
this
realme
of
Ireland
,
one
or
more
fit
and
convenient
house
or
houses
of
correction
,
with
convenient
backside
thereunto
adjoyning
,
together
with
Mils
,
working
cards
,
and
other
necessary
implements
,
to
set
the
said
Rogues
,
and
other
idle
and
disordered
persons
on
worke
,
the
same
houses
to
be
built
,
erected
or
provided
in
some
convenient
place
or
Towne
in
every
County
,
which
houses
shall
be
purchased
,
conveyed
or
assured
unto
such
person
or
persons
,
as
by
the
Iustices
of
peace
,
or
the
more
part
of
them
in
their
quarter
Sessions
of
the
peace
,
to
be
holden
within
every
county
of
this
Realme
of
Ireland
shall
be
thought
fit
upon
trust
,
to
the
intent
that
the
same
shall
be
used
and
imployed
for
the
keeping
,
correcting
,
and
setting
to
worke
of
the
said
Rogues
,
Vagabonds
,
sturdie
beggers
and
other
idle
persons
.
And
it
is
further
enacted
by
the
authoritie
aforesaid
(
that
if
the
said
house
and
houses
respectively
so
to
be
erected
,
purchased
or
provided
shall
not
be
erected
,
built
or
otherwise
provided
before
the
said
feast
of
Saint
Michael
,
that
then
every
Iustice
of
peace
,
resident
and
dwelling
within
any
County
of
this
realme
,
where
such
house
and
backside
shall
not
be
so
erected
and
provided
shall
forf
.
for
his
neglect
Five
pounds
sterling
,
and
so
for
every
yeare
which
shall
ensue
after
the
Feast
of
Saint
Michael
,
wherein
the
said
house
and
backside
shall
not
be
erected
and
provided
every
such
Iustice
of
peace
,
as
is
aforesaid
,
shall
forf
.
5.l
.
sterling
,
the
one
moitye
of
the
said
forfeitures
,
to
be
unto
him
or
them
that
will
sue
for
the
same
,
by
action
of
debt
,
Bill
,
plaint
,
or
information
,
in
which
suit
no
protection
,
essoine
or
wager
of
law
shall
be
admitted
,
and
the
other
moitie
thereof
to
be
imployed
and
bestowed
towards
the
erection
,
building
,
procuring
,
or
providing
the
same
houses
and
backsides
respectively
,
and
such
necessary
imployments
as
aforesaid
,
and
by
the
said
Act
it
is
further
ordained
that
the
Iustices
of
peace
in
every
County
within
this
Realme
,
or
the
more
partie
of
them
shall
have
power
at
any
their
quarter
Sessions
of
the
peace
within
the
said
County
to
make
such
orders
,
as
to
them
or
the
more
part
of
them
from
time
to
time
shall
be
thought
fit
,
for
the
raising
of
money
upon
the
inhabitants
of
the
said
County
for
erecting
,
or
providing
the
said
houses
,
and
for
the
government
and
ordering
the
said
houses
respectively
,
or
for
stocks
of
money
for
the
setting
to
worke
such
persons
as
shall
be
committed
to
the
same
,
or
for
the
yearely
payment
of
such
officers
,
as
hereafter
by
this
present
Act
shall
bee
appointed
for
governor
or
governors
of
the
said
house
or
houses
,
and
for
such
other
as
they
shall
thinke
fit
to
be
imployed
therein
,
and
that
the
said
Iustices
at
their
said
Quarter
Sessions
,
wherein
they
shall
set
such
order
for
the
raising
of
money
,
as
aforesaid
,
shall
then
and
so
yearely
afterwards
nominate
and
appoint
one
sufficient
man
,
inhabiting
in
the
said
County
to
be
and
be
called
the
treasurer
of
the
receiving
and
paying
out
of
such
monies
as
shall
be
collected
for
the
said
houses
,
or
for
the
use
of
them
,
and
the
said
treasurer
so
elected
to
continue
for
the
space
of
one
whole
yeare
in
this
office
,
and
then
to
give
up
his
charge
,
with
a
due
accompt
of
his
receipts
and
disbursements
at
the
quarter
Sessions
to
be
holden
next
after
the
Feast
of
Saint
Michael
every
yeare
in
the
presence
of
two
Iustices
of
peace
,
to
such
other
as
shall
be
from
yeare
to
yeare
successively
elected
treasurer
,
and
if
any
man
chosen
,
as
aforesaid
,
shall
refuse
to
accept
or
execute
the
said
office
of
treasurership
,
that
then
it
shall
be
lawfull
for
the
Iustices
of
peace
in
their
quarter
Sessions
,
or
in
their
defaults
for
the
Iustices
of
Assise
at
the
Assises
to
be
holden
in
the
same
County
to
fyne
the
said
treasurer
by
their
discretion
,
the
same
fyne
not
to
be
under
three
pounds
sterling
,
which
shall
be
levyed
by
sale
of
his
goods
,
by
vertue
of
a
warrant
to
be
given
for
that
and
by
the
said
Iustices
,
to
such
person
or
persons
as
they
shall
thinke
fit
,
which
fyne
so
levyed
,
to
be
to
the
use
and
towards
the
maintenance
of
the
said
house
of
correction
.
And
it
is
further
enacted
that
the
Iustices
of
peace
of
every
County
within
the
realme
of
Ireland
at
their
quarter
Sessions
of
the
peace
to
be
holden
for
their
severall
Countyes
(
next
after
the
erecting
,
providing
,
or
building
of
the
said
house
or
houses
,
and
so
from
time
to
time
)
or
the
most
part
of
them
,
shall
elect
,
nominate
and
appoint
,
at
their
will
and
pleasure
,
one
or
more
honest
,
fit
person
or
persons
,
to
be
governor
or
master
of
the
said
house
,
or
houses
,
so
to
be
purchased
,
erected
,
built
,
or
provided
,
which
person
or
persons
so
chosen
by
vertue
of
this
present
Act
,
shall
have
power
and
authority
to
set
such
Rogues
,
Vagabonds
,
idle
and
disorderly
persons
as
shall
be
brought
and
sent
unto
the
said
house
to
worke
and
labour
(
being
able
)
from
time
to
time
for
such
time
as
they
shall
continue
and
be
remaining
in
the
said
house
of
correction
,
and
to
punish
the
said
Rogues
,
Vagabonds
,
idle
and
disorderly
persons
,
by
putting
fetters
or
ginnes
upon
them
,
and
by
moderate
whipping
of
them
,
and
that
the
said
Rogues
,
Vagabonds
,
and
idle
persons
,
during
such
time
as
they
shall
remaine
in
the
said
house
of
correction
,
shall
in
no
sort
be
chargeable
to
the
Countrey
,
for
any
allowance
either
at
their
bringing
in
or
going
forth
,
or
during
the
time
of
their
abode
there
,
but
shall
have
such
and
so
much
allowance
as
they
shall
deserve
by
their
owne
labour
and
worke
;
And
for
that
it
is
convenient
that
the
masters
and
governors
of
the
said
houses
of
correction
,
shall
have
some
fit
allowance
and
maintenance
for
their
travaile
and
care
to
be
had
in
the
said
service
,
as
also
for
the
releiving
of
such
as
shall
happen
to
be
weake
and
sicke
in
their
custody
.
It
is
therefore
enacted
that
the
masters
or
governors
of
the
said
houses
of
correction
shall
have
such
summe
of
money
paid
him
yearely
as
shall
be
thought
meete
by
the
most
part
of
the
Iustices
of
peace
within
the
said
County
at
their
quarter
Sessions
of
the
peace
,
the
same
to
be
paid
quarterly
before
hand
,
by
the
treasurer
aforesaid
,
during
the
time
that
the
said
masters
or
governors
shall
be
imployed
in
the
service
,
the
said
master
or
governor
giving
sufficient
securitie
for
the
continuance
and
performance
of
the
said
service
,
which
if
the
Treasurer
shall
neglect
or
refuse
to
performe
,
then
the
said
master
or
governor
of
the
said
house
of
correction
,
shall
by
warrant
from
any
two
Iustices
of
the
peace
of
the
said
County
levye
such
summe
or
summes
of
mony
as
ought
to
be
paid
to
the
said
master
or
governor
,
by
distresse
and
sale
of
so
much
of
the
said
treasurers
goods
,
as
the
said
money
which
shall
be
behind
doth
amount
unto
,
rendring
to
the
said
treasurer
the
overplus
,
if
any
shall
remaine
;
and
in
defect
of
such
distresse
,
it
shall
be
lawfull
for
any
two
Iustices
of
peace
as
aforesaid
to
commit
the
said
treasurer
to
the
County
gaole
of
the
County
,
there
to
remaine
without
baile
or
mainprise
,
untill
payment
be
had
of
such
summes
as
is
behind
to
the
said
master
and
governor
,
provided
alwayes
that
before
any
such
warrant
be
granted
for
distraining
of
the
said
treasurers
goods
,
or
committing
of
his
body
,
that
it
shall
appeare
before
the
said
Iustices
of
peace
,
either
by
confession
of
the
party
,
or
by
testimony
of
two
sufficient
witnesses
in
the
presence
of
the
treasurer
,
that
he
hath
so
much
money
in
his
hands
appertaining
to
the
said
uses
as
may
satisfie
the
said
masters
or
governor
,
and
because
there
shall
be
the
more
care
taken
by
all
such
masters
of
the
houses
of
correction
,
that
when
the
Countrey
hath
beene
at
trouble
and
charge
to
bring
all
such
disorderly
persons
,
as
aforesaid
,
to
their
safe
keeping
,
that
then
they
shall
performe
their
dueties
in
that
behalfe
;
It
is
therefore
enacted
that
if
they
shall
not
every
quarter
Sessions
yeeld
a
true
and
lawfull
accompt
to
the
Iustices
of
peace
of
all
such
persons
as
have
beene
committed
to
their
custody
,
or
any
of
them
shall
be
troublesome
to
the
Countrey
by
going
abroad
,
or
otherwise
shall
escape
away
from
the
said
house
of
correction
,
before
they
shall
be
from
thence
lawfully
delivered
,
that
then
the
said
Iustices
shall
set
downe
such
fynes
and
penalties
upon
the
said
masters
and
governors
,
as
the
most
part
of
them
in
their
quarter
Sessions
shall
thinke
fit
and
convenient
,
and
all
fynes
and
penalties
not
herein
before
limitted
shall
be
paid
unto
the
treasurer
and
accompted
for
,
by
the
treasurer
aforesaid
,
and
further
that
the
said
Iustices
of
peace
of
every
County
,
or
any
two
or
more
of
them
,
twice
in
every
yeare
at
the
least
,
and
oftner
if
there
be
occasion
,
shall
assemble
and
meet
together
,
for
the
better
execution
of
this
statute
,
and
that
some
foure
or
five
dayes
before
their
assembly
and
meeting
,
the
said
Iustices
or
the
more
part
of
them
,
shall
by
their
warrant
,
command
the
Constables
of
every
Barony
,
Towne
,
Parish
,
Village
,
and
hamlet
,
within
the
said
County
,
or
so
many
of
them
,
as
they
in
their
discretions
shall
thinke
fit
,
which
shall
be
assisted
with
sufficient
men
of
the
same
places
,
to
make
a
generall
privy
search
in
one
night
,
within
their
said
Barronies
,
Townes
,
Parishes
,
villages
,
and
hamlets
,
for
the
finding
out
,
and
apprehending
of
the
said
Rogues
,
Vagabonds
,
wandring
and
idle
persons
,
and
that
such
Rogues
,
Vagabonds
,
wandring
and
idle
persons
as
they
shall
then
finde
and
apprehend
in
the
said
search
,
shall
by
them
be
brought
before
the
said
Iustices
,
at
their
said
assembly
and
meeting
there
,
to
be
examined
of
their
idle
and
wandring
life
,
there
to
be
punished
according
to
a
statute
in
the
33.
yeare
of
King
H.
8.
in
this
kingdome
,
against
Vagabonds
,
or
otherwise
by
their
warrant
,
to
be
sent
or
conveyed
unto
the
said
house
or
houses
of
correction
within
the
said
County
,
appointed
and
prefixed
,
there
to
be
delivered
to
the
master
or
governor
of
the
said
house
,
or
to
his
Deputie
or
assignee
,
to
be
set
to
labour
and
worke
,
at
which
dayes
and
times
of
assembly
and
meeting
,
so
to
be
held
by
the
said
Iustices
of
peace
,
the
Constables
of
the
said
Barronies
,
Parishes
,
Townes
,
Villages
,
and
hamlets
,
shall
then
appeare
before
the
said
Iustices
of
peace
,
at
the
said
assemblies
or
meetings
,
and
there
shall
accompt
and
reckon
upon
oath
in
writing
what
Rogues
,
Vagabonds
,
and
wandring
disorderly
persons
they
have
apprehended
both
in
the
same
search
,
and
also
betweene
every
such
assemblies
and
meetings
,
and
how
many
have
beene
by
them
punished
,
or
otherwise
sent
unto
the
houses
of
correction
,
which
if
the
said
Constables
shall
neglect
to
performe
,
as
also
to
convey
safely
all
such
Rogues
,
with
all
other
idle
or
disorderly
persons
,
at
the
charge
of
the
Constablewicke
as
by
the
Iustices
of
peace
warrants
,
shall
be
sent
unto
the
houses
of
correction
in
the
same
County
,
that
then
they
shall
forfeite
such
further
fynes
,
paines
and
penalties
,
as
by
the
said
Iustices
of
peace
or
the
most
part
of
them
shall
be
thought
fit
and
convenient
,
not
exceeding
the
summe
of
Forty
shillings
for
every
offence
:
And
it
is
further
enacted
that
all
persons
calling
themselves
schollers
,
going
about
begging
,
all
idle
persons
going
about
in
any
Countrey
,
either
begging
or
using
any
subtill
craft
,
or
unlawfull
games
or
playes
,
or
feigning
themselves
to
have
knowledge
in
Phisiognomie
,
Palmestry
,
or
other
like
crafty
science
,
or
pretending
that
they
can
tell
destinies
,
fortunes
,
or
other
like
phantasticall
imaginations
,
all
persons
that
be
,
or
utter
themselves
to
bee
proctors
,
procurers
,
patentgatherers
,
or
collectors
for
gaoles
,
prisons
,
or
hospitals
,
all
Fencers
,
Bearewards
,
common
players
of
enterludes
and
minstrels
wandring
abroad
,
all
Iuglers
,
all
wandring
persons
and
common
labourers
,
being
persons
able
in
body
,
using
loytering
,
and
refusing
to
worke
for
such
reasonable
wages
as
is
taxed
and
commonly
given
in
such
parts
,
where
such
persons
doe
,
or
shall
happen
to
abide
or
dwell
,
not
having
living
otherwise
to
mainetaine
themselves
,
all
persons
delivered
out
of
gaoles
,
that
begge
for
their
fees
,
or
otherwise
travell
begging
,
all
such
persons
as
shall
wander
abroad
,
pretending
losse
by
fire
,
or
otherwise
,
all
such
as
wandring
pretend
themselves
to
be
Egyptians
,
or
wander
in
the
habite
,
forme
or
attire
of
counterfeit
Egyptians
,
shall
be
taken
,
adjudged
and
deemed
Rogues
,
Vagabonds
,
and
sturdy
beggers
,
and
shall
sustaine
such
punishments
,
as
are
appointed
by
the
said
statute
made
in
the
three
and
thirtieth
yeare
of
King
Henry
the
Eighth
,
cap.
15.
in
this
kingdome
,
against
Vagabonds
,
or
be
otherwise
dealt
withall
,
by
sending
them
to
the
house
of
correction
in
the
County
where
they
shall
be
found
,
as
to
the
Iustices
of
peace
of
the
said
County
,
or
to
any
one
,
or
more
of
them
shall
be
thought
fit
,
and
for
that
many
wilfull
people
,
finding
that
they
have
children
,
have
some
hope
to
have
reliefe
from
the
Parish
wherein
they
have
dwelled
,
and
being
able
to
labour
,
and
thereby
to
relieve
themselves
and
their
families
,
doe
neverthelesse
runne
away
out
of
their
Parishes
;
and
leave
their
families
upon
the
Parish
,
for
remedy
whereof
it
is
enacted
that
all
such
persons
so
running
away
shall
be
taken
and
deemed
to
be
incorrigible
Rogues
and
endure
the
paines
of
incorrigible
rogues
,
and
if
either
such
man
or
woman
being
able
to
worke
and
shall
threaten
to
run
away
and
leave
their
families
,
as
aforesaid
,
the
same
being
proved
by
two
sufficient
witnesses
,
upon
oath
,
before
two
Iustices
of
peace
in
the
County
where
they
dwell
or
whither
they
runne
,
that
then
the
said
person
so
threatning
shall
by
the
Iustices
of
peace
be
sent
to
the
houses
of
correction
,
unlesse
he
or
shee
can
put
in
sufficient
sureties
for
the
discharge
of
the
Parish
,
there
to
be
dealt
with
as
a
sturdy
and
wandring
Rogue
,
and
to
be
delivered
by
the
said
Iustices
at
any
of
their
meetings
,
or
at
their
quarter
Sessions
,
and
not
otherwise
.
And
it
is
further
enacted
that
if
any
Action
of
Trespasse
,
or
other
suite
,
shall
happen
to
be
attempted
and
brought
against
any
person
or
persons
for
taking
of
any
distresse
,
making
of
any
sale
,
or
any
other
thing
doing
by
authority
of
this
present
Act
,
the
defendant
or
defendants
in
any
such
Action
or
suite
,
shall
and
may
either
plead
not
guilty
,
or
otherwise
make
avowry
,
cognisance
,
or
justification
for
taking
of
the
said
distresse
,
making
of
sale
,
or
other
thing
doing
by
vertue
of
this
Act
,
alledging
in
such
avowry
,
cognisance
or
justification
,
that
the
said
distresse
,
sale
,
trespasse
,
or
other
thing
whereof
the
plainetiffe
or
plainetiffes
complained
,
was
done
by
authority
of
this
Act
,
and
according
to
the
tenor
,
purport
and
effect
of
this
Act
without
any
expressing
or
rehearsall
of
any
other
matter
or
circumstance
contained
in
this
present
Act
,
to
which
avowry
,
cognisance
,
or
justification
the
plainetiffe
shall
be
admitted
to
reply
,
that
the
defendant
did
take
the
said
distresse
,
made
the
said
sale
,
or
did
any
other
Act
of
Trespasse
supposed
in
his
declaration
of
his
owne
wrong
,
without
any
such
cause
alledged
by
the
defendant
,
whereupon
the
issue
in
every
such
Action
shall
be
joyned
,
to
be
tryed
by
verdict
of
twelve
men
,
and
upon
the
tryall
of
that
issue
,
the
whole
matter
to
be
given
on
both
parties
in
Evidence
,
according
to
the
very
truth
of
the
same
,
and
after
such
issue
tryed
,
for
the
defendant
or
nonsuite
of
the
plainetiffe
,
the
sad
defendant
shall
recover
treble
damages
,
by
reason
of
his
wrongfull
vexation
in
that
behalfe
,
with
his
costs
also
in
that
part
sustained
,
and
that
to
be
assessed
by
the
same
Iury
,
or
by
writ
to
enquire
of
damages
as
the
same
cause
shall
require
.
And
it
is
further
enacted
that
the
Iustices
of
Assize
,
in
their
severall
circuits
,
shall
have
full
power
to
enquire
of
all
defects
,
defaults
,
and
negligences
of
any
Iustice
of
peace
,
or
any
other
officer
,
person
or
persons
whatsoever
,
in
the
not
due
execution
of
this
Law
,
and
also
of
all
offences
done
contrary
to
the
intent
and
true
meaning
thereof
,
and
to
punish
the
same
by
fyne
or
imprisonment
,
or
otherwise
according
to
their
discretions
.
Suretie
for
the
peace
.
CHAP.
56.
1.
2.
This
surety
for
the
peace
,
3.
First
,
as
a
Minister
,
commanded
thereto
by
a
higher
authority
,
as
when
a
writ
of
supplicavit
,
directed
out
of
the
Chancery
or
Kings
Bench
,
is
delivered
to
his
hands
,
upon
this
writ
,
that
Iustice
of
peace
,
only
(
to
whom
such
writ
was
delivered
)
is
to
direct
his
warrant
to
cause
the
party
to
be
brought
before
him
alone
,
to
finde
sureties
for
the
peace
,
and
therein
the
said
Iustice
is
to
doe
in
every
behalfe
,
according
as
the
writ
doth
direct
him
.
4.
Secondly
,
as
a
Iudge
,
(
and
by
vertue
of
his
office
)
and
of
his
owne
power
derived
from
his
Commission
,
he
may
command
this
surety
of
the
peace
to
be
found
,
and
that
either
of
his
owne
motion
and
discretion
,
or
else
at
the
request
or
prayer
of
another
.
5.
The
Iustice
of
peace
upon
his
owne
motion
and
discretion
may
(
if
he
see
cause
)
command
surety
for
the
peace
to
be
found
or
may
bind
a
man
to
the
peace
(
and
that
against
all
the
Kings
subjects
,
6.
One
that
maketh
an
assault
,
or
affray
upon
the
Iustice
of
peace
himselfe
,
the
Iustice
of
peace
may
commit
him
to
prison
,
7.
So
of
such
as
in
his
presence
shall
make
an
affray
upon
another
,
8.
So
he
may
doe
of
such
as
in
his
presence
and
hearing
shall
threaten
to
kill
,
beat
or
hurt
another
,
or
to
burne
his
house
.
9.
So
likewise
may
he
doe
of
such
as
in
his
presence
,
shall
contend
in
hot
words
,
20.
R.
2.
ca.
1.
12.
If
(
out
of
the
presence
of
the
Iustice
of
peace
)
any
man
shall
threaten
to
kill
,
13.
If
any
Constable
shall
perceive
any
other
persons
,
in
his
presence
,
14.
If
the
Constable
shall
learne
that
certaine
persons
be
fighting
or
quarrelling
in
a
house
,
16.
If
one
hath
received
a
wound
the
Iustice
of
peace
may
take
surety
of
the
peace
of
the
one
,
3.
Iacobi
.
17.
All
such
as
shall
goe
or
ride
armed
offensively
in
faires
,
markets
,
18.
Also
the
Iustice
of
peace
(
upon
his
discretion
)
may
bind
to
the
peace
a
common
Barretor
,
19.
If
he
that
standeth
bound
to
keepe
the
peace
hath
broken
,
20.
So
it
seemeth
if
the
Iustice
of
his
owne
knowledge
know
that
the
party
which
was
bound
hath
sithence
his
entring
into
bonds
broken
the
peace
,
he
shall
be
bound
of
new
,
and
if
he
refuse
to
finde
new
sufficient
sureties
he
shall
be
committed
to
prison
,
Cromp.
141.
&
Br.
recog.
21.
21.
Also
he
that
standeth
bound
to
keepe
the
peace
,
22.
And
in
many
of
the
former
cases
,
the
Iustice
of
peace
ought
(
of
duty
,
or
at
least
in
good
discretion
)
to
command
the
surety
for
the
peace
although
the
same
be
not
required
by
any
other
person
,
and
if
any
such
person
shall
refuse
to
give
such
surety
,
the
Iustice
of
peace
ought
to
send
him
to
prison
,
there
to
remaine
untill
he
shall
finde
such
surety
.
23.
See
9.
H.
6.
fo.
60.
&
9.
Ed:
4.
fo.
3.
Br.
Iudges
2.
10.
24.
A
Iustice
of
peace
may
perswade
a
man
to
require
the
surety
of
peace
against
another
,
and
he
himselfe
may
grant
a
warrant
for
it
,
25.
Also
at
the
request
or
prayer
of
another
,
26.
But
here
the
Iustice
of
peace
must
and
ought
to
take
an
oath
of
the
party
that
demandeth
the
peace
,
27.
So
as
he
that
shall
be
threatned
to
be
hurt
in
his
body
,
scil.
to
be
beaten
,
29.
So
if
a
man
doe
feare
that
another
will
burne
his
house
.
30.
So
if
a
man
doe
feare
that
one
will
procure
or
cause
any
such
hurt
to
be
done
him
by
another
,
non
faciet
neque
fieri
procurabit
.
Cromp.
135.
39.
H.
6.
Br.
Duress
.
9.
35.
If
a
man
will
require
the
peace
,
because
he
is
at
variance
or
in
suite
with
his
neighbour
,
it
shall
not
be
granted
by
the
Iustice
of
peace
.
37.
And
as
for
a
battery
or
other
like
trespasse
that
is
past
,
38.
If
the
Iustice
of
peace
shall
perceive
that
this
surety
for
the
peace
is
demanded
meerely
of
malice
or
for
vexation
only
,
39.
The
Law
hath
conceived
such
an
opinion
of
the
peaceable
disposition
of
noble
men
,
Br.
contempts
6.
24.
Ed.
3.
3.
and
17.
Ed.
4.
4.
40.
And
therefore
if
a
man
shall
have
cause
to
have
the
surety
of
the
peace
against
a
Lord
of
the
Parliament
,
or
such
great
and
noble
personage
,
he
shall
not
have
a
warrant
from
the
Iustices
of
peace
to
that
purpose
,
nor
yet
have
a
supplicavit
out
of
the
Chancery
directed
to
the
Iustices
of
peace
therefore
,
but
if
there
be
cause
he
may
have
a
Sub
poena
out
of
the
Chancery
,
of
common
right
,
as
it
seemeth
,
and
there
such
Lord
or
noble
man
shall
be
bound
to
the
peace
,
and
yet
if
such
Lord
will
not
appeare
upon
the
Sub
poena
served
,
Cromp.
fo.
134.
b.
saith
that
it
was
held
in
the
case
of
the
Lord
Cromwell
in
the
Chancery
about
18.
Eliz.
that
an
attachment
lieth
not
against
a
Lord
where
he
maketh
default
upon
a
Sub
poena
against
him
out
of
the
Chancery
,
Dyer
315.
seemeth
to
accord
,
but
I
conceive
that
this
opinion
is
no
Law
,
but
that
for
a
personall
contempt
in
a
noble
man
an
attachment
lyeth
,
or
he
may
be
fined
by
the
Court
for
his
contempt
.
an
alias
plur
.
attachment
lieth
against
him
,
est
character
indelebilis
.
44.
And
yet
by
the
curtesie
of
England
,
if
women
get
to
any
degree
of
estate
,
they
never
lose
it
by
marriage
,
but
doe
still
take
place
according
to
the
estate
of
their
first
husband
;
but
this
matter
of
curtesie
hath
no
place
in
legall
proceedings
.
5.
Ed.
3.
5.
P.
Arrests
1.
See
the
stat.
1.
R.
2.
cap.
15.
47.
Surety
of
the
peace
may
be
granted
against
the
Sheriffe
,
48.
One
Iustice
of
peace
may
grant
this
surety
to
any
man
,
inter
pares
non
est
potestas
.
49.
One
Iustice
of
peace
may
demand
this
surety
of
the
peace
at
the
hands
of
his
fellow
Iustice
against
another
man
.
50.
The
wife
may
demand
this
surety
against
her
husband
,
Fitz.
Na.
Br.
fo.
238.
fo.
Br.
peace
23.
51.
52.
53.
An
Infant
under
the
age
of
14.
yeares
may
demand
this
surety
,
54.
55.
56.
57.
If
a
man
be
of
non
sanae
memeriae
,
58.
A
man
that
is
lunaticke
,
(
scil.
who
at
some
seasons
hath
the
use
of
reason
,
and
at
other
times
not
)
it
seemeth
this
surety
of
the
peace
may
be
granted
against
him
,
and
also
that
he
may
demand
the
same
against
another
.
60.
A
man
that
is
deafe
,
dumbe
,
and
blind
,
shall
not
have
this
surety
,
61.
A
man
that
is
borne
dumbe
and
blind
,
may
have
understanding
,
62.
But
a
man
that
is
borne
dumbe
and
deafe
can
hardly
have
understanding
,
for
though
the
sight
be
the
chiefest
sence
,
yet
by
hearing
we
come
chiefely
to
knowledge
,
and
therefore
it
seemeth
not
grantable
to
him
or
against
him
.
63.
And
this
surety
of
the
peace
may
be
granted
against
an
impotent
person
,
although
he
be
such
a
one
as
is
not
like
to
breake
the
peace
himselfe
,
but
he
may
procure
another
to
kill
,
or
beate
one
,
and
the
common
forme
of
recognisance
is
to
bind
a
man
from
procuring
hurt
,
aswell
as
from
doing
hurt
.
65.
A
man
excommunicate
may
have
this
surety
granted
to
him
or
against
him
.
66.
So
also
of
a
man
that
is
abjured
the
Realme
,
for
notwithstanding
the
abjuration
,
he
oweth
the
King
his
legeance
and
remaineth
within
the
Kings
protection
,
and
the
King
may
pardon
and
restore
him
againe
,
qui
abjurat
regnum
,
amittit
regnum
non
regem
,
Co.
7.
9.
b.
67.
A
man
attainted
in
a
praemunire
may
not
have
this
surety
granted
to
him
in
Ireland
,
but
in
England
he
may
have
it
,
for
by
a
statute
made
in
England
in
anno
5.
El.
ca.
1.
It
is
ordained
that
it
shall
not
be
lawfull
to
kill
such
a
one
,
but
this
statute
is
not
of
force
in
Ireland
.
70.
Who
shall
be
said
to
be
an
Alien
,
See
Co.
7.
16
,
17.
71.
In
Calvins
case
,
6.
Iac.
reg
.
there
is
a
difference
taken
betweene
antenati
and
postnati
,
in
Scotland
,
where
it
is
holden
that
antenati
in
Scotland
,
sc.
such
as
were
borne
there
before
that
Kings
happy
comming
to
the
crowne
of
England
are
here
aliens
borne
,
the
reason
is
,
for
that
at
the
time
of
their
birth
they
were
under
the
legeance
of
another
King
,
and
he
could
not
be
a
Subject
borne
of
the
Kingdome
of
England
,
that
was
borne
under
the
legeance
of
a
King
of
another
Kingdome
,
and
yet
it
is
manifest
that
antenati
being
the
Kings
Subjects
,
are
herein
provided
for
,
by
the
Commission
it selfe
,
the
words
whereof
are
,
&
ad
omnes
illos
qui
alicui
vel
aliquibus
de
populo
nostro
,
&c.
of
which
number
antenati
be
,
so
as
they
may
and
ought
to
have
this
suretie
granted
them
as
well
as
any
other
Subjects
,
See
Dyer
fo.
304.
72.
But
it
may
be
questioned
,
whether
an
infidell
,
pagan
,
or
Iew
,
12.
H.
8.
4.
73.
A
villaine
may
have
this
suretie
of
the
peace
against
his
Lord
,
and
the
Lord
may
have
it
against
his
villaine
,
and
yet
it
maketh
no
manuimission
,
although
it
were
demanded
by
the
Lord
without
any
protestation
,
&c.
How
this
Suretie
of
the
peace
may
be
commanded
,
and
how
the
same
commandement
shall
be
executed
.
CHAP.
57.
1.
THe
Iustice
of
peace
may
command
this
suretie
of
the
peace
,
either
by
word
only
or
by
writing
.
2.
By
word
only
the
party
being
in
his
presence
,
as
if
in
the
presence
and
hearing
of
the
Iust.
of
peace
one
man
doth
threaten
another
,
or
shall
make
an
affray
,
or
assault
upon
another
,
3.
Also
if
one
shall
demand
this
surety
against
another
,
4.
And
the
Iustice
of
peace
in
such
cases
,
5.
By
precept
or
warrant
in
writing
and
under
seale
,
and
this
must
be
directed
to
some
officer
or
other
indifferent
person
,
See
postea
tit
.
Warrants
and
Presidents
.
8.
But
if
the
partie
shall
yeeld
to
goe
and
finde
sureties
,
then
the
officer
may
not
absolutely
arrest
him
,
but
yet
the
officer
is
not
bound
to
goe
up
and
downe
with
him
to
finde
sureties
,
but
may
keepe
the
party
untill
he
can
procure
sureties
to
come
to
him
,
yet
if
afterwards
the
party
shall
make
any
resistance
,
or
shall
offer
to
goe
his
way
,
then
the
officer
may
arrest
him
,
and
by
vertue
of
that
warrant
,
may
carrie
him
to
the
gaole
,
and
may
also
imprison
him
in
the
stockes
,
untill
he
can
provide
aide
to
convey
him
to
the
gaole
.
10.
Also
after
that
the
party
shall
be
brought
before
the
Iustice
,
if
before
him
he
shall
refuse
to
finde
sureties
,
the
officer
without
any
new
warrant
or
commandement
may
carry
the
party
to
prison
,
11.
If
the
officer
doe
arrest
the
party
,
21.
H.
7.
23.
a.
See
3.
H.
7.
fo.
3.
b.
Bryan
.
12.
And
if
the
party
be
imprisoned
for
default
of
sureties
,
and
after
he
that
demanded
the
peace
against
him
happen
to
dye
,
or
shall
release
the
party
,
it
seemeth
in
these
cases
the
Iustice
of
peace
may
make
his
liberate
or
warrant
for
the
delivery
of
such
prisoner
,
for
after
such
death
,
or
release
,
there
seemeth
no
cause
to
continue
the
other
in
prison
,
also
any
Iustice
of
peace
may
upon
the
offer
of
such
prisoner
,
take
surety
of
him
for
the
peace
,
&c.
and
may
thereupon
deliver
him
.
13.
It
seemeth
by
some
opinions
,
14.
If
the
party
hath
gotten
sureties
,
then
if
the
warrant
proceed
ex
officio
(
and
not
upon
the
writ
of
supplicavit
)
and
be
a
generall
warrant
,
scil.
to
come
before
me
,
or
some
other
Iustice
,
15.
If
the
other
Iustice
of
peace
,
before
whom
the
party
so
attached
shall
come
,
shall
refuse
to
accept
and
take
such
surety
being
offered
to
him
,
this
is
punishable
in
the
Starchamber
,
for
such
Iustice
of
peace
ought
to
take
of
him
such
sureties
,
and
to
binde
him
by
recognisance
,
but
yet
that
must
be
done
in
such
sort
in
all
points
,
as
the
forme
of
the
former
precept
doth
require
,
19.
The
forme
of
a
Supersedeas
granted
by
a
Iustice
of
peace
you
may
see
,
postea
tit
.
Warrants
and
Presidents
.
20.
And
this
Supersedeas
is
sufficient
,
though
it
never
name
the
sureties
,
nor
containe
the
fummes
wherein
they
are
bound
,
but
yet
it
is
the
better
forme
to
expresse
them
both
.
21.
The
forme
of
a
Supersedeas
for
the
peace
out
of
the
Kings
Bench
,
See
lib.
Intr.
454.
22.
For
the
forme
of
a
Supersedeas
for
the
peace
,
out
of
the
Chancery
,
See
Fitz.
Na.
Br.
238.
c.
and
Register
89.
23.
Note
that
this
Supersedeas
out
of
the
Chancery
may
be
procured
at
any
time
in
the
vacation
,
and
out
of
the
terme
,
Fitz.
Na.
Br.
236.
a.
24.
If
the
Iustice
of
peace
shall
not
furcease
,
after
a
Supersedeas
(
out
of
the
Chancery
,
or
Kings
Bench
)
to
him
delivered
,
an
attachment
will
lye
against
him
for
such
contempt
,
a●●
besides
he
may
be
fyned
and
imprisoned
for
it
.
25.
Yea
such
a
Supersedeas
,
comming
out
of
those
high
Courts
to
the
Iustices
of
peace
,
they
ought
thereupon
to
surcease
,
although
such
a
Superdeas
should
be
awarded
against
Law
.
26.
If
such
Supersedeas
shall
be
directed
to
the
Iustices
of
peace
and
Sheriffe
,
that
Iustice
to
whose
hands
it
shall
be
delivered
,
may
keepe
it
and
may
deliver
the
labell
to
the
party
.
27.
And
in
these
and
like
cases
,
28.
29.
But
if
the
party
were
bound
(
before
the
Iustice
of
peace
)
to
keepe
the
peace
against
all
men
during
his
life
,
and
not
to
appeare
,
30.
Now
concerning
the
recognisance
for
the
peace
.
CHAP.
58.
1.
THis
recognisance
Fitz.
Na.
Br.
82.
a.
7.
H.
7.
34.
2.
And
this
recognisance
for
the
peace
,
if
the
Iustice
of
peace
doth
take
it
,
by
force
of
the
writ
of
supplicavit
,
then
he
ought
to
execute
it
,
and
to
doe
in
all
things
as
the
writ
directeth
him
,
but
where
such
writ
prescribeth
〈◊〉
the
same
,
&c.
or
such
like
,
that
resteth
in
his
owne
discretion
.
3.
But
if
he
taketh
the
recog.
ex
officio
,
and
by
force
of
the
Commission
(
and
so
is
a
Iudge
,
not
as
a
minister
)
then
it
resteth
in
the
discretion
of
the
same
Iustice
of
peace
wholly
to
appoint
and
allow
the
number
of
sureties
,
their
sufficiency
in
lands
or
goods
,
the
summe
of
money
wherein
they
shall
be
bound
,
and
to
limit
the
time
how
long
the
party
shall
be
bound
,
and
such
other
circumstances
.
7.
H.
4.
fo.
34.
you
shall
finde
the
principall
to
be
bound
in
1000.
l.
and
foure
sureties
,
every
one
of
them
in
one
thousand
marks
before
Iustices
of
peace
for
the
keeping
of
the
peace
.
5.
The
Iustice
of
peace
may
examine
upon
their
oathes
the
sureties
concerning
their
sufficiency
,
Cromp.
194.
6.
The
most
usuall
manner
,
and
safest
way
for
the
Iustice
of
peace
is
to
take
two
sureties
at
the
least
(
and
those
subsidie
men
)
besides
the
party
himselfe
,
and
to
bind
them
by
recognisance
to
the
King
,
viz.
domino
Regi
,
and
it
must
alwayes
be
for
the
keeping
of
the
peace
.
H.
7.
)
a
Iustice
of
peace
might
have
taken
this
surety
by
a
gage
pawned
to
him
only
,
but
this
is
not
the
course
at
this
day
,
but
the
security
ought
to
be
by
recognisance
.
8.
Also
by
his
opinion
a
Iustice
of
peace
might
have
taken
this
surety
by
an
obligation
made
to
himselfe
by
the
name
of
a
Iustice
of
peace
but
this
course
is
not
now
in
use
,
and
the
safest
way
is
by
recognisance
,
which
is
the
usuall
way
,
for
via
trita
is
via
tuta
,
and
to
ground
his
proceeding
upon
conceits
.
9.
Yet
if
a
Iustice
of
peace
had
enjoyned
a
man
upon
paine
of
20.
l.
to
keepe
the
peace
,
this
had
beene
nothing
worth
,
but
in
this
,
10.
A
Iustice
of
peace
may
take
a
recognisance
(
and
thereby
may
binde
the
party
)
to
keepe
the
peace
for
one
yeare
,
or
for
a
longer
time
(
by
his
discretion
)
yea
he
may
binde
the
party
during
his
life
,
upon
reasonable
cause
.
11.
If
the
recognisance
be
made
to
keepe
the
peace
(
generally
)
without
any
day
or
time
limited
,
it
shall
be
construed
to
bee
during
the
parties
life
.
12.
A
Iustice
of
peace
intending
to
take
a
recognisance
for
the
peace
,
and
yet
maketh
no
mention
therein
,
13.
If
the
Recognisance
be
,
that
the
party
bound
shall
not
beat
nor
maime
A.
yet
it
is
not
good
,
14.
If
the
Recognisance
doe
not
limit
any
time
of
apparance
,
but
be
generally
to
keepe
the
peace
,
yet
it
is
good
,
for
the
time
of
apparance
is
referred
to
the
discretion
of
the
Iustice
,
and
the
chiefe
scope
is
,
the
keeping
of
the
peace
by
Master
Marrow
.
15.
Also
,
by
his
opinion
,
if
the
Recognisance
doe
limit
a
time
of
apparance
,
but
therein
is
no
person
named
,
before
whom
the
party
so
found
shall
appeare
,
then
may
he
appeare
where
he
will
,
before
that
Iustice
of
peace
which
tooke
the
recognisance
,
ibidem
.
but
in
that
case
I
thinke
the
Condition
is
voide
by
reason
of
the
incertainty
.
16.
But
in
the
two
last
cases
,
if
a
recognisance
should
be
taken
in
such
maner
at
this
day
,
I
should
thinke
it
safe
for
the
party
to
appeare
at
the
next
Sessions
for
the
peace
,
and
there
to
record
his
apparance
,
but
to
avoide
these
doubts
,
let
the
Iustice
of
peace
expresse
that
the
party
shall
appeare
before
his
Majesties
Iustices
of
peace
at
the
next
generall
Sessions
of
the
peace
to
be
holden
in
that
County
,
or
at
the
next
generall
Assise
and
gaole
delivery
before
his
Majesties
Iustices
of
gaole
delivery
in
that
County
,
and
in
so
doing
these
scruples
are
avoyded
.
17.
If
the
Recognisance
be
to
appeare
at
any
other
Sessions
after
(
and
not
at
the
next
Sessions
)
yet
the
Recognisance
is
good
,
3.
H.
7.
cap.
1.
It
is
enacted
that
every
Recognisance
taken
for
the
peace
,
by
the
Iustice
of
peace
ex
officio
shall
bee
certified
(
sc.
sent
or
brought
in
)
at
the
next
Sessions
of
the
peace
,
and
there
delivered
to
the
Custos
Rotulorum
,
or
else
the
Iustice
of
peace
is
fineable
,
but
it
doth
not
therefore
follow
that
every
Recognisance
taken
for
the
peace
ought
to
be
to
appeare
at
the
next
Sessions
,
but
that
it
ought
to
be
brought
in
,
and
then
the
party
may
be
called
at
the
time
expressed
in
the
Recognisance
and
not
before
.
18.
If
the
Recognisance
be
in
Twenty
pounds
to
be
levied
of
his
lands
only
,
or
of
his
goods
only
,
yet
it
is
good
,
and
these
words
(
only
may
seeme
voide
)
for
the
acknowledgement
of
the
Recognisance
(
before
a
competent
Iudge
)
both
maketh
it
a
debt
,
19.
If
the
Recognisance
be
to
keep
the
peace
towards
the
King
,
and
all
his
people
,
but
not
towards
any
person
certaine
,
yet
it
is
good
.
20.
So
if
the
Recognisance
be
to
keepe
the
peace
towards
A.
only
,
21.
But
the
best
forme
is
to
bind
the
party
to
keepe
the
peace
towards
the
King
and
all
his
people
,
for
first
the
words
of
the
Commission
are
to
finde
suretie
,
erga
nos
&
populum
nostrum
,
and
againe
,
the
common
usage
is
so
,
and
besides
it
may
prove
dangerous
to
the
party
who
hath
cause
to
crave
this
surety
of
the
peace
,
for
the
other
party
who
shall
give
just
cause
to
crave
this
surety
against
him
(
because
he
will
not
be
bound
to
the
peace
towards
him
that
prayeth
it
)
he
will
perhaps
pray
to
bind
himselfe
to
the
peace
to
A.
who
is
his
Companion
,
and
then
if
the
Iustice
of
peace
shall
so
bind
him
,
then
may
he
and
A.
goe
to
another
Iustice
of
peace
(
and
that
peradventure
within
one
weeke
)
and
there
A.
may
release
him
of
the
peace
,
and
so
the
party
that
first
prayed
the
peace
,
trusting
that
hee
is
still
bound
,
may
be
after
beaten
,
maimed
,
or
slaine
by
him
or
by
his
procurement
.
22.
So
then
though
the
Recognisance
being
taken
in
any
maner
or
sort
aforesaid
may
prove
sufficient
to
bind
the
party
to
the
King
,
yet
peradventure
it
will
not
excuse
the
Iustice
of
peace
from
blame
,
and
therefore
it
is
safest
for
the
Iustice
of
peace
to
follow
the
received
forme
.
23.
The
forme
of
the
Recognisance
for
the
Peace
you
shall
see
postea
tit
.
Warrants
and
Presidents
.
24.
The
Recognisance
for
the
peace
being
thus
taken
,
if
it
were
by
a
writ
of
supplicavit
,
the
Iustice
ought
to
returne
the
writ
,
and
to
certifie
,
under
his
Seale
,
his
doing
therein
into
the
Court
from
whence
the
supplicavit
proceeded
,
and
he
may
also
send
such
Recognisance
,
so
taken
by
him
,
with
this
certificate
,
or
else
he
may
keepe
the
Recognisance
in
his
hands
still
,
untill
he
shall
receive
a
Certiorari
out
of
the
Chancerie
directed
to
him
for
removing
of
this
Recognisance
.
25.
But
if
this
recognisance
for
the
peace
were
taken
by
the
Iustice
of
peace
ex
officio
,
26.
If
the
Iustice
of
peace
shall
not
certifie
such
recog.
at
the
next
Sessions
by
the
said
stat.
3.
H.
7.
ca.
1.
he
is
to
be
fined
at
the
discretion
of
the
Court
,
and
yet
see
Brooke
tit
.
Peace
11.
that
the
Iustice
shall
forfeit
10.
l.
if
hee
shall
not
certifie
the
Recog.
of
the
peace
at
the
next
Sessions
,
but
Brooke
there
mentioneth
the
stat.
3.
H.
7.
ca.
3.
which
stat.
of
3.
H.
7.
ca.
3.
was
only
for
bailement
of
prisoners
and
certifying
the
same
,
and
not
for
Bonds
of
the
peace
.
27.
28.
29.
If
the
Iustice
of
peace
were
deceived
in
the
sufficiency
of
the
sureties
,
ad
inveniendum
sufficientem
securitatem
,
but
if
the
sureties
dye
,
the
party
principall
shall
not
be
compelled
to
find
new
sureties
.
What
thing
shall
discharge
this
Recognisance
(
of
the
peace
)
or
the
party
of
his
apparance
at
the
Sessions
.
CHAP.
59.
1.
A
Supersedeas
out
of
the
Chancerie
,
&c.
will
not
discharge
the
party
of
his
apparance
,
but
he
ought
to
appeare
and
shew
the
Supersedeas
in
Court
,
and
thereupon
he
shall
be
discharged
,
as
is
before
declared
in
this
Title
.
2.
He
that
is
bound
to
the
peace
,
and
to
appeare
at
a
certaine
day
,
3.
And
if
a
man
be
bound
to
keepe
the
peace
towards
the
King
,
and
all
his
people
,
but
not
towards
any
certaine
person
,
and
to
appeare
at
such
a
Sessions
,
the
Court
at
that
Sessions
may
make
Proclamation
,
&c.
and
if
no
person
commeth
to
demand
the
peace
against
him
,
then
the
Court
may
discharge
him
,
but
if
a
man
be
bound
as
aforesaid
,
and
especially
to
keepe
the
peace
towards
A.
there
though
A.
commeth
not
in
,
to
desire
that
the
peace
may
be
continued
,
yet
the
Court
by
their
discretion
shall
doe
well
to
bind
him
over
till
the
next
Sessions
,
and
that
may
be
,
to
keepe
the
peace
against
A.
onely
if
they
shall
thinke
good
,
for
it
may
be
that
A.
who
first
craved
the
peace
is
sicke
,
or
otherwise
letted
,
so
as
he
cannot
come
to
that
Sessions
,
to
demand
the
continuance
of
the
peace
.
4.
If
the
Iustice
of
peace
shall
not
certifie
the
recog.
to
the
Sessions
,
yet
the
party
ought
to
appeare
,
and
to
record
his
apparance
,
for
if
a
Sheriffe
arrest
one
upon
a
capias
,
and
take
bonds
for
his
apparance
,
at
the
day
the
writ
is
returneable
,
and
the
Sheriffe
returnes
not
his
writ
,
&c.
yet
the
party
must
appeare
to
save
his
bond
18.
Ed.
4.
18.
Br.
peace
17.
8.
The
Iustice
of
peace
who
upon
his
owne
discretion
hath
compelled
him
to
finde
sureties
of
the
peace
untill
a
certaine
day
,
and
hath
taken
recog.
for
his
appearing
,
&c.
may
upon
the
like
discretion
release
the
same
before
the
day
,
and
such
a
release
will
discharge
the
recog.
taken
by
that
Iustice
if
it
were
not
forfeited
before
,
but
yet
the
Iustice
of
peace
ought
to
certifie
the
Recognisance
together
with
his
release
,
and
this
certificate
will
discharge
the
apparance
of
the
party
.
9.
If
a
Iustice
of
peace
shall
grant
the
peace
at
the
request
of
another
(
scil.
at
the
suite
of
A.
)
and
the
recognisance
be
taken
to
keepe
the
peace
against
B.
only
,
then
before
the
next
Sessions
may
B.
only
release
it
,
and
none
other
,
and
that
release
being
certified
with
the
recognisance
at
the
next
quarter
Sessions
,
will
discharge
the
party
so
bound
of
his
apparance
,
so
as
he
shall
not
be
called
upon
his
recog.
for
that
release
being
so
certified
,
is
now
become
of
record
aswell
as
the
recognisance
.
10.
versus
cunctum
populum
,
&
precipuè
versus
A.
yet
may
the
same
A.
release
it
,
for
although
this
may
seeme
popular
,
and
that
all
others
should
have
interest
therein
aswell
as
A.
yet
it
appeareth
by
the
word
precip●●è
that
it
was
especially
taken
for
his
safety
,
but
the
contrary
was
holden
by
all
the
Iustices
21.
Ed.
4.
40.
saith
Master
Lambert
,
neverthelesse
the
usage
now
is
a●d
long
hath
beene
that
A.
may
release
the
peace
,
but
having
perused
the
booke
in
21.
Ed.
4.
fo.
40.
I
find
the
word
precipue
is
not
there
,
but
it
is
toward
A.
&
cunctum
populum
;
So
as
that
opinion
may
be
Law
,
and
yet
not
contrary
to
the
common
usage
,
for
the
word
precipuè
doth
appropriate
the
recognisance
to
be
chiefly
for
the
safety
of
him
that
prayeth
the
peace
.
11.
But
(
in
those
former
cases
)
although
this
surety
of
the
peace
be
released
,
yet
the
recog.
shall
not
be
cancelled
by
the
Iustice
of
peace
,
for
peradventure
the
recog.
was
forfeited
before
such
release
was
made
,
and
therefore
the
Iustice
of
peace
shall
doe
best
to
certifie
such
recog.
with
the
release
together
to
the
next
quarter
Sessions
.
12.
The
forme
of
the
release
of
the
Iustice
of
peace
,
and
the
forme
of
the
release
of
the
party
you
may
see
postea
in
the
title
of
Warrants
&
Presidents
.
13.
Note
that
the
party
that
first
demanded
the
peace
,
may
release
the
same
,
either
before
the
same
Iustice
of
peace
that
tooke
the
recog.
or
before
any
other
Iustice
of
peace
.
14.
Note
also
that
to
release
such
surety
of
the
peace
by
deed
under
his
hand
and
seale
is
nothing
worth
,
but
it
must
be
by
acknowledgement
before
a
Iustice
of
peace
.
15.
Note
also
that
the
King
cannot
release
or
pardon
the
surety
of
the
peace
nor
such
recog.
taken
in
the
behalfe
of
any
of
his
subjects
,
untill
it
be
forfeited
,
for
the
mischiefe
that
may
come
to
the
party
thereby
,
but
being
forfeited
,
then
the
King
and
none
other
may
release
and
pardon
the
forfeiture
.
16.
But
the
death
or
resignation
of
the
King
dischargeth
this
surety
of
the
peace
taken
by
his
subject
,
17.
Also
the
death
of
the
Recognisor
(
scil.
the
party
principall
that
is
bound
)
dischargeth
this
surety
of
the
peace
,
and
the
recog.
if
it
were
not
forfeited
before
his
death
.
18.
Also
the
death
of
the
party
,
at
whose
suit
the
peace
was
taken
,
dischargeth
the
recog.
if
it
were
to
keep
the
peace
against
him
alone
,
if
it
were
not
forfeited
before
his
death
.
19.
But
yet
in
these
three
former
cases
,
such
death
should
not
discharge
the
recog.
if
it
were
forfeited
before
,
and
therefore
it
shall
be
best
for
the
Iustice
of
peace
to
send
to
the
next
Sessions
such
recog.
(
notwithstanding
such
death
)
else
the
King
may
be
defrauded
of
a
forfeiture
if
any
were
before
.
20.
The
death
of
the
sureties
shall
not
discharge
the
recog.
neither
shall
the
party
principall
be
compelled
to
finde
new
sureties
after
their
death
,
What
Act
shall
be
(
or
makes
)
a
forfeiture
of
the
Recognisance
taken
for
the
peace
.
CHAP.
60.
1.
WHatsoever
Act
is
an
expresse
breach
of
the
peace
,
the
same
is
a
forfeiture
of
this
recognisance
.
2.
And
first
this
breach
of
the
peace
may
be
committed
by
using
any
fearefull
or
threatning
speeches
to
another
,
3.
So
also
to
strike
at
,
or
offer
to
strike
at
a
man
,
although
he
never
hurt
nor
hit
him
,
5.
The
difference
of
these
three
,
viz.
menacing
,
assaulting
and
beating
,
6.
If
he
that
is
bound
doe
but
command
or
procure
another
to
breake
the
peace
,
and
that
it
be
indeed
done
,
this
is
a
forfeiture
of
this
Recog.
Br.
Peace
20.
7.
All
imprisonment
or
arresting
of
another
without
warrant
,
is
a
forfeiture
of
this
Recognisance
.
8.
So
to
thrust
another
into
the
water
,
whereby
hee
is
in
danger
of
drowning
.
9.
So
to
ravish
a
woman
against
her
will
.
10.
So
to
commit
any
Burglary
,
robbery
,
murder
,
or
manslaughter
,
all
which
are
to
the
person
of
another
,
or
to
procure
the
same
,
all
,
and
every
of
these
are
forfeitures
of
this
recog.
11.
So
to
commit
any
Treason
against
the
person
of
the
King
.
2.
H.
7.
importeth
as
much
,
saying
,
that
this
surety
of
the
peace
is
not
broken
without
an
affray
,
fighting
,
beating
,
or
the
like
.
13.
Also
to
be
riotously
assembled
,
14.
Also
to
weare
armour
,
or
weapons
not
usually
worne
,
or
to
goe
with
an
unusuall
number
of
attendants
,
seeme
also
to
be
a
breach
or
meanes
of
a
breach
of
the
peace
,
and
a
forfeiture
of
this
recog.
for
the
peace
,
for
these
stricke
a
feare
and
terrour
in
the
people
,
and
be
in
effray
del
pais
,
See
Br.
Suretie
12.
15.
He
that
is
bound
to
the
peace
ought
to
carry
himselfe
well
in
his
behaviour
and
company
,
yet
the
having
of
weapons
or
company
unusuall
are
in
some
cases
allowed
,
and
lawfull
,
and
are
no
breach
of
the
peace
,
as
in
executing
of
any
legall
authority
by
magistrates
or
by
any
other
of
the
Kings
officers
or
ministers
of
Iustice
.
16.
17.
And
therefore
the
parent
,
with
moderation
may
chastice
the
child
within
age
.
18.
So
may
the
master
his
servant
,
or
apprentice
.
19.
So
may
the
schoolemaster
his
schollers
.
20.
So
may
the
Gaoler
,
or
his
servant
by
his
commandement
,
his
unruly
prisoners
.
21.
So
may
any
man
his
kinseman
that
is
madd
,
&c.
and
none
of
these
shall
be
in
perill
therefore
to
forfeit
any
recog.
of
the
peace
.
22.
And
where
the
servant
shall
be
negligent
in
his
service
or
shall
refuse
to
doe
his
worke
,
&c.
there
the
master
may
chastice
his
servant
for
such
negligence
or
refusall
,
so
as
he
doth
not
it
outragiously
.
23.
But
if
the
servant
shall
depart
out
of
his
masters
service
,
See
anteà
tit
.
Labourers
.
24.
And
as
the
Master
without
the
breach
of
the
peace
,
cannot
by
beating
or
force
compell
his
servant
to
serve
against
his
will
,
no
more
can
a
Lord
,
25.
Also
the
schoolemaster
may
chastice
his
scholler
with
a
rod
,
which
is
carelesse
and
negligent
of
his
learning
,
26.
Also
it
is
lawfull
for
the
parents
,
kinsemen
,
or
other
friends
of
a
man
that
is
madd
or
franticke
(
who
being
at
liberty
attempteth
to
burne
a
house
,
or
to
doe
some
other
mischiefe
,
or
to
hurt
himselfe
or
others
)
to
take
and
put
him
into
an
house
,
to
bind
or
chaine
him
,
and
to
beate
him
with
rods
,
and
to
doe
any
forceible
Act
to
reclaime
him
or
to
keepe
him
so
as
he
shall
doe
no
hurt
.
25.
Ed.
3.
42.
2.
H.
4.
8.
33.
H.
6.
18.
Br.
trans
.
28.
71.
Cromp.
137.
29.
If
two
or
more
doe
agree
together
to
play
at
Barriers
,
Back-sword
,
Bucklers
,
Football
,
or
the
like
,
and
one
of
them
doth
wound
or
hurt
the
other
,
the
party
hurt
shall
have
no
Action
of
Trespasse
against
the
other
,
for
that
it
was
by
consent
,
and
to
try
their
valour
,
and
not
to
breake
the
peace
,
Fitz.
Barr.
244.
30.
Yet
if
such
a
man
were
before
bound
to
the
peace
,
such
Act
seemeth
to
be
a
forfeiture
of
his
recog.
See
Br.
Coron.
229.
for
although
such
sports
be
suffred
,
yet
they
are
not
lawfull
.
32.
So
if
the
wife
shall
beat
him
that
assaulteth
,
and
would
beat
or
evill
intreate
her
husband
,
this
is
justifieable
.
33.
So
if
the
father
,
or
mother
,
shall
beat
him
that
assaulteth
,
and
would
beat
or
evill
intreat
their
childe
being
then
within
age
and
not
able
to
defend
it selfe
.
34.
But
though
the
servant
may
lawfully
beat
him
that
doth
assault
,
and
would
beat
,
or
evill
intreate
his
master
or
mistrisse
,
yet
the
servant
cannot
justifie
the
beating
of
another
in
defence
of
the
father
,
mother
,
brother
,
sister
,
sonne
,
or
daughter
of
his
master
or
mistrisse
,
for
he
oweth
no
obedience
to
any
of
them
.
35.
By
some
opinions
the
master
cannot
justifie
the
beating
of
him
that
doth
assault
,
and
would
beat
his
servant
,
36.
37.
38.
The
same
Law
is
in
every
case
,
39.
The
same
Law
is
also
in
every
case
,
where
any
offendour
is
by
order
of
Law
punished
by
whipping
,
stocks
,
pillory
,
or
otherwise
for
any
offence
by
him
committed
contrary
to
the
Lawes
or
statutes
of
this
Realme
,
there
is
no
peace
broken
nor
any
recog.
of
the
peace
forfeited
,
by
him
or
them
which
shall
lawfully
execute
any
such
punishments
.
40.
Note
further
that
there
are
diverse
offences
for
which
an
indictment
contra
pacem
,
will
lye
,
and
yet
the
committing
of
such
offence
shall
be
no
forfeiture
of
the
recog.
for
the
peace
,
for
that
the
Act
that
shall
breed
a
forfeiture
of
such
a
recog.
must
be
done
or
intended
unto
the
person
,
as
aforesaid
,
or
in
terrorem
populi
.
41.
Therefore
to
enter
into
the
lands
,
Cromp.
136.
or
to
doe
a
trespasse
in
another
mans
corne
or
grasse
,
or
to
take
away
another
mans
Ward
,
to
take
away
another
mans
goods
wrongfully
,
so
it
be
not
from
his
person
,
or
to
steale
another
mans
horse
,
or
other
goods
feloniously
being
not
from
his
person
,
these
will
make
no
breach
of
this
recog.
43.
Note
also
that
the
sureties
may
plead
,
that
the
party
principall
hath
not
broken
the
peace
,
although
upon
issue
the
same
shall
be
found
against
the
said
principall
,
for
they
are
estrangers
thereto
,
Fitz.
averment
46.
Concerning
the
writ
of
supplicavit
.
CHAP.
61.
1.
THe
formes
of
this
writ
out
of
the
Chancery
are
of
diverse
sorts
,
as
you
may
see
,
Fitz.
Na.
Br.
80.
d.
2.
By
which
formes
of
the
writ
,
it
appeareth
,
that
it
may
be
directed
to
the
Iustices
of
peace
,
or
to
one
of
them
,
or
to
the
Sheriffe
,
or
to
every
of
them
,
to
cause
the
party
that
is
to
be
bound
,
to
come
before
him
,
or
them
,
to
finde
surety
of
the
peace
,
and
this
writ
may
be
that
the
principall
shall
be
bound
in
such
a
summe
,
and
the
sureties
in
such
a
summe
certaine
,
(
and
also
it
may
be
in
what
certaine
summes
the
demandant
will
)
or
the
summes
may
by
the
writ
be
referred
to
the
Iustice
of
peace
,
&c.
with
this
clause
therein
contained
,
pro
qua
respondere
volueris
,
and
the
said
writ
is
further
,
that
if
the
party
shall
refuse
,
&c.
that
they
shall
commit
him
to
the
gaole
,
quousque
,
&c.
and
that
when
they
have
taken
such
surety
,
they
doe
certifie
the
recog.
(
which
they
have
so
taken
)
under
their
seales
,
and
returne
the
writ
into
the
Court
whence
the
same
was
awarded
,
and
that
without
delay
.
3.
And
for
that
this
writ
is
of
diverse
formes
,
the
Iustice
of
peace
must
have
a
care
that
he
doe
execute
the
same
in
every
behalfe
as
the
same
writ
shall
direct
him
.
4.
When
the
writ
doth
referre
the
summe
,
wherein
the
principall
and
his
sureties
shall
be
bound
,
to
the
Iustice
,
&c.
then
it
resteth
in
their
discretion
,
but
yet
it
is
then
safe
for
them
to
take
good
sureties
,
and
to
bind
them
in
good
summes
,
and
the
rather
when
that
clause
is
in
the
writ
,
pro
qua
respondere
volueris
.
6.
The
forme
of
a
warrant
for
the
peace
,
upon
a
supplicavit
you
may
see
,
postea
tit
.
Warrants
and
Presidents
.
7.
Also
the
same
Iustice
of
peace
after
such
surety
taken
,
may
make
the
party
a
supersedeas
to
discharge
him
from
any
other
arrest
,
or
to
deliver
him
being
in
prison
,
for
the
peace
,
(
at
any
other
mans
suit
as
it
seemeth
)
Cromp.
237.
b.
8.
The
forme
of
the
supersedeas
you
may
see
after
tit
.
of
Warrants
and
Presidents
.
9.
The
party
who
is
attached
upon
this
writ
of
supplicavit
,
10.
The
Iustice
,
or
Sheriffe
,
to
whom
this
writ
shall
be
delivered
may
make
a
Deputy
therein
,
Br.
office
39.
11.
If
the
party
shall
make
resistance
upon
the
execution
of
this
writ
,
it
seemeth
the
officer
may
take
posse
comitatus
to
aid
him
to
arrest
such
party
.
12.
13.
But
yet
at
this
day
it
is
used
otherwise
,
14.
Also
by
this
writ
of
supplicavit
the
party
(
against
whom
the
writ
is
sued
forth
)
shall
be
bound
to
the
peace
for
ever
(
if
he
be
taken
)
for
the
writ
containeth
or
mentioneth
not
that
he
shall
be
bound
to
keepe
the
peace
untill
any
certaine
time
but
generally
(
ad
sufficientem
securitatem
inveniend
.
sub
poena
,
&c.
)
and
therefore
to
prevent
this
the
party
(
before
he
be
attached
)
may
come
into
the
Chancery
,
and
there
finde
sureties
,
and
be
bound
untill
a
certaine
day
that
he
shall
doe
no
hurt
unto
the
party
that
sued
forth
the
supplicavit
,
and
thereupon
he
shall
have
a
supersedeas
out
of
the
Chancery
directed
to
the
Iustices
of
peace
and
to
the
Sheriffe
,
commanding
them
to
surcease
to
arrest
the
said
party
,
or
to
compell
him
to
finde
any
sureties
,
&c.
and
that
if
they
have
arrested
him
for
this
cause
,
and
none
other
,
that
then
they
deliver
him
,
&c.
Fitz.
81.
a.
16.
Also
if
the
party
happen
to
be
arrested
and
imprisoned
upon
this
writ
,
yet
if
he
can
procure
a
supersedeas
out
of
the
Chancery
it
seemeth
(
by
the
words
in
the
end
of
the
supersedeas
)
that
this
will
discharge
him
of
the
arrest
,
or
imprisonment
.
17.
Note
after
the
party
is
arrested
and
imprisoned
,
(
upon
this
writ
)
the
meanes
for
him
to
procure
a
supersedeas
out
of
the
Chancery
,
must
be
.
18.
Either
to
get
some
of
his
friends
to
be
bound
in
the
Chancery
for
him
and
they
to
get
a
supersedeas
,
ut
supra
.
19.
Or
else
to
get
a
certificate
to
the
Lord
Chancellor
,
from
3.
or
4.
Iustices
of
peace
in
his
behalfe
.
20.
This
writ
of
supplicavit
is
granted
,
or
to
be
granted
in
the
Chancery
or
Kings
Bench
,
Edward
Coke
speaking
of
such
as
malitiously
shall
purchase
out
any
such
speciall
supplicavit
or
latitat
of
the
peace
,
(
and
that
by
fraud
and
malice
to
inforce
the
other
party
ad
redemendam
vexationem
,
to
give
them
money
or
to
yeild
the
other
composition
)
brandeth
them
as
Barreters
,
and
notable
oppressors
of
their
neighbours
,
oppressing
the
poore
and
innocent
,
by
colour
and
countenance
of
Law
,
which
was
ordeined
to
protect
the
innocent
from
all
oppression
and
wrong
,
neither
is
this
a
wrong
only
to
the
party
thus
malitiously
vexed
,
but
also
to
all
the
Iustices
of
peace
resident
in
that
County
,
taxing
them
(
tacite
)
as
though
the
demandant
could
not
have
Iustice
at
their
hands
in
such
a
case
,
whereas
perhaps
the
demandant
never
demanded
the
same
at
any
of
their
hands
,
and
besides
the
Iustices
of
peace
having
,
in
all
likelihood
,
knowledge
of
each
party
and
of
their
behaviours
,
or
any
one
of
them
,
might
and
would
no
doubt
,
yea
and
ought
to
have
yeelded
the
demandant
upon
request
and
just
cause
shewed
to
them
,
as
sufficient
and
good
surety
in
the
Countrey
every
way
,
22.
Where
one
hath
procured
a
supplicavit
out
of
the
Chancery
or
Kings
Bench
against
another
,
if
he
hath
not
before
demanded
this
surety
of
the
peace
at
the
hands
of
some
Iustice
of
peace
in
the
Countrey
,
or
that
the
party
against
whom
he
hath
procured
the
supplicavit
,
be
one
of
such
condition
and
sort
as
that
in
likelihood
the
Iustices
of
peace
in
the
Countrey
,
will
not
deny
to
grant
such
surety
against
him
,
then
if
three
or
foure
of
the
next
Iustices
of
peace
in
the
Countrry
,
shall
certifie
to
the
Lord
Chancellor
(
if
the
supplicavit
proceeded
out
of
the
Chancery
)
that
the
party
plainetiffe
never
demanded
the
peace
in
the
Countrey
,
and
further
that
the
plainetiffe
is
a
contentious
man
,
and
the
other
party
of
good
fame
,
upon
such
certificate
(
as
is
said
)
they
will
discharge
the
party
or
grant
a
supersedeas
.
23.
Note
to
conclude
this
businesse
,
if
the
surety
of
the
peace
be
taken
by
vertue
of
a
supplicavit
,
then
must
the
Iustice
of
peace
make
returne
of
the
writ
,
and
certificate
of
his
doings
under
his
seale
into
the
Court
from
whence
the
supplicavit
did
proceed
,
which
may
be
done
in
this
manner
.
24.
First
let
him
write
upon
the
backe
of
the
supplicavit
thus
.
25.
Executio
istius
brevis
,
26.
Then
may
the
certificate
27.
Ego
I.
S.
Miles
unus
custodum
pacis
domini
Regis
in
comitatu
Dublin
certifico
in
Cancellarium
dicti
domini
regis
me
virtute
istius
brevis
(
mihi
per
A.
B.
in
eodem
brevi
nominatum
,
primo
deliberat
)
personaliter
coram
me
(
tali
die
&
loco
)
venire
fecisse
.
F.
R.
in
dicto
brevi
nominatum
,
ac
eundem
F.
adsufficientem
securitatem
,
&
manucaptores
pacis
inveniendum
secundum
formam
dicti
brevis
,
viz
,
&c.
(
as
the
writ
shall
appoint
)
compulisse
,
In
cujus
rei
testimonium
huic
praesenti
certificationi
meae
sigillum
meum
apposui
,
datum
apud
D.
praedictum
,
in
comitatu
praedicto
16.
die
Ianuarij
anno
Regni
domini
nostri
Caroli
dei
gratia
regis
,
&c.
28.
29.
30.
Write
upon
the
backe
of
the
Certiorari
thus
,
Virtute
istius
brevis
ego
I.
S.
Miles
unus
custodum
pacis
domini
regis
in
Comit.
Dublin
tenorem
securitatis
pa●is
,
31.
And
then
write
the
recog.
verbatim
,
in
this
manner
hereunder
following
,
32.
Memorandum
quod
16.
die
Ianuarij
,
&c.
(
reciting
the
whole
recog.
to
the
end
)
In
cujus
rei
testimonium
ego
praedictus
I.
S.
sigillum
meum
apposui
datum
,
&c.
33.
And
file
this
scedule
,
or
note
of
the
recog.
to
the
backe
of
the
Certiorari
.
34.
The
forme
of
the
Certiorari
you
may
see
,
Fitz.
Na.
Br.
81.
c.
vide
postea
tit
.
Warrants
and
Presidents
.
36.
And
if
the
Iustice
of
peace
shall
not
returne
the
supplicavit
,
nor
certificate
of
his
doings
therein
,
37.
Also
if
the
supplicavit
be
against
diverse
,
and
the
demandant
will
release
his
prayer
of
the
peace
against
one
of
them
,
then
that
release
ought
to
be
certified
for
him
,
and
the
writ
must
be
served
and
executed
for
the
rest
,
or
else
non
est
inventus
,
may
be
certified
for
him
,
and
the
writ
executed
for
the
rest
.
Suretie
for
the
good
behaviour
.
CHAP.
62.
1.
THis
surety
for
the
good
behaviour
,
or
good
abearing
is
granted
by
the
Iustice
of
peace
aswell
by
authority
of
the
Commission
of
the
peace
,
34.
Ed.
3.
ca.
1.
2.
And
this
surety
for
the
good
behaviour
is
of
great
affinity
with
that
of
the
peace
,
and
is
provided
and
ordeined
chiefely
for
the
preservation
of
the
peace
(
as
that
other
is
)
as
you
may
observe
out
of
the
usuall
formes
of
the
recog.
yea
by
some
opinions
it
differeth
in
litle
or
nothing
from
that
of
the
peace
,
but
that
there
is
more
difficulty
in
the
performance
thereof
,
and
the
party
so
bound
,
may
sooner
fall
into
the
danger
of
it
then
of
his
recog.
for
the
peace
,
3.
By
the
extraordinary
number
of
the
people
attending
upon
the
party
bound
.
4.
Or
by
his
wearing
of
harnesse
,
or
other
weapons
,
more
then
usually
he
hath
done
,
or
more
then
be
meet
for
his
degree
.
5.
6.
Or
by
doing
any
other
thing
which
shall
tend
to
the
breach
of
the
peace
,
or
to
put
the
people
in
dread
or
feare
,
although
there
be
no
actuall
breach
of
the
peace
.
7.
Yet
note
these
foure
last
matters
,
as
they
are
breaches
of
the
good
abearing
,
so
are
they
causes
also
to
bind
a
man
to
the
peace
,
and
a
forfeiture
of
the
recog.
for
the
peace
.
8.
The
booke
2.
H.
7.
fo.
2.
concludeth
,
that
the
Iust.
were
not
all
certainely
advised
how
those
words
,
de
se
bene
gerendo
,
should
be
taken
,
M.
Bro.
abridging
thereof
tit
.
Suretie
12.
saith
,
that
it
was
holden
that
he
who
is
bound
to
the
peace
ought
to
demeane
himselfe
well
in
his
part
(
sc.
behaviour
)
and
company
,
and
not
doing
any
thing
that
may
be
the
cause
of
the
breach
of
the
peace
,
or
to
put
the
people
in
feare
or
trouble
,
yet
the
booke
seemeth
to
meane
this
of
the
good
behaviour
.
9.
But
though
this
extraordinary
number
of
attendants
,
and
wearing
of
harnesse
,
&c.
are
breaches
aswell
of
the
peace
as
of
the
good
behaviour
,
yet
it
may
seeme
that
this
for
the
good
behaviour
,
doth
include
the
peace
,
and
besides
importeth
some
greater
or
other
matters
of
misbehaviour
,
and
for
which
the
surety
of
the
peace
is
not
to
be
granted
(
although
they
also
are
against
the
peace
,
and
quiet
and
good
governement
of
the
land
)
and
you
shall
finde
that
this
surety
of
the
good
behaviour
is
grantable
in
other
diverse
cases
,
in
which
the
surety
of
the
peace
is
not
grantable
.
10.
This
surety
of
the
good
behaviour
is
to
be
granted
at
the
suit
of
diverse
,
and
those
being
men
of
credit
,
and
to
provide
for
the
safety
of
many
,
whereas
the
surety
of
the
peace
is
usually
granted
at
the
request
of
one
,
and
for
the
preservation
of
the
peace
chiefely
towards
one
.
11.
Also
this
surety
of
good
abearing
,
is
most
commonly
granted
,
either
in
open
Sessions
of
the
peace
,
or
out
of
the
Sessions
,
by
two
or
three
Iustices
of
peace
,
whereas
that
of
the
peace
is
usually
granted
by
one
Iustice
of
peace
,
and
out
of
Sessions
.
12.
And
yet
by
the
words
of
the
Commission
,
13.
But
this
is
not
usuall
,
unlesse
it
be
to
prevent
some
great
and
sudden
danger
,
especially
against
a
man
that
is
of
any
good
estate
,
carriage
or
report
.
14.
Also
this
surety
may
be
granted
at
the
suit
of
one
person
.
15.
But
the
more
difficult
and
dangerous
this
surety
is
to
the
party
bound
,
the
more
regard
there
ought
to
be
taken
in
the
granting
of
it
,
and
therefore
it
shall
be
good
discretion
in
the
Iustices
of
peace
,
that
they
doe
not
command
or
grant
it
,
but
either
upon
sufficient
cause
seene
to
themselves
,
or
upon
the
suit
and
complaint
of
diverse
others
,
as
aforesaid
,
and
the
same
very
honest
and
credible
persons
.
16.
Also
this
surety
of
good
abearing
,
is
often
taken
by
the
Iustice
of
peace
by
vertue
of
a
speciall
writ
in
nature
of
a
supplicavit
,
mutatis
mutandis
,
vide
ante
tit
.
Suretie
for
the
peace
and
supplicavit
.
17.
Master
Dalton
affirmeth
that
he
once
received
out
of
the
Chancery
,
34.
Ed.
3.
)
commanding
them
and
every
of
them
to
take
foure
sureties
(
besides
the
party
)
whereof
every
one
of
them
should
have
lands
of
such
a
yearely
value
,
or
goods
of
such
a
value
,
and
to
bind
the
sureties
every
of
them
in
such
a
summe
,
quod
ipse
boni
gestus
de
cetero
erit
,
erga
nos
&
cunctum
populum
nostrum
,
&
quod
nihil
in
contrarium
statuti
pradicti
attemptabit
,
&c.
and
therein
he
proceeded
as
a
minister
onely
.
18.
The
party
against
whom
such
a
supplicavit
for
the
good
behaviour
shall
be
granted
out
,
before
he
be
attached
thereupon
,
may
goe
,
or
send
up
,
and
give
sureties
in
the
Chancery
as
here
before
is
said
for
the
peace
,
and
thereupon
he
shall
have
a
supersedeas
out
of
that
Court
directed
to
the
Iustices
of
peace
,
and
Sheriffe
,
and
to
every
of
them
,
commanding
every
of
them
to
surcease
to
arrest
the
said
party
,
or
to
doe
any
other
execution
of
the
said
writ
of
supplicavit
and
that
if
(
before
the
comming
of
the
said
supersedeas
)
they
have
taken
any
such
security
,
for
the
good
behaviour
of
the
party
,
that
then
they
presently
release
the
party
of
such
surety
found
by
him
,
the
former
writ
of
supplicavit
notwithstanding
.
For
what
cause
this
suretie
of
the
good
behaviour
shall
be
granted
.
CHAP.
63.
1.
IT
is
chiefely
to
be
granted
(
by
the
Iustices
of
peace
out
of
their
Sessions
)
in
these
cases
following
,
viz.
against
common
Barretors
,
common
Quarrellers
,
and
common
breakers
or
perturbers
of
the
peace
.
2.
Also
it
is
grantable
against
Rioters
,
see
hereof
before
tit
.
Riots
.
3.
Also
against
such
as
shall
lye
in
wait
to
rob
,
or
shall
be
suspected
to
lye
in
wait
to
rob
,
or
shall
assault
,
4.
Also
against
such
,
as
be
generally
feared
,
or
suspected
to
be
Robbers
by
the
high
way
.
5.
Also
against
such
as
are
like
to
commit
murder
,
homicide
,
6.
Also
against
such
as
shall
practise
to
poyson
another
.
7.
One
had
bought
Ratsbane
,
and
mingled
the
same
with
corne
,
and
then
wilfully
did
cast
the
same
amongst
his
neighbours
poultry
,
8.
9.
10.
Also
against
the
maintainers
of
houses
commonly
suspected
to
be
houses
of
common
Bawdrie
.
11.
Wray
,
Anderson
,
and
Manwood
.
28.
El.
12.
Also
against
common
whoremongers
,
and
common
whores
,
13.
Upon
information
given
to
a
Constable
,
14.
Also
against
night-walkers
,
that
be
suspected
to
be
pilferers
,
or
otherwise
like
to
disturbe
the
peace
,
or
that
be
persons
of
evill
behaviour
,
or
of
evill
fame
or
report
generally
,
or
that
shall
keep
company
with
any
such
,
or
with
any
other
suspitious
persons
in
the
night
.
13.
H.
7.
10.
15.
Against
such
as
be
Evesdroppers
,
that
is
to
say
,
that
in
the
night
shal
harken
neare
the
wals
of
mens
houses
to
heare
what
is
spoken
within
,
and
to
make
use
thereof
to
breed
discord
or
dissention
amongst
neighbours
.
16.
Against
Night-walkers
that
shall
cast
mens
gates
or
Carts
into
ponds
,
&c.
or
shall
commit
other
misdemeanors
or
outrages
in
the
night
time
.
17.
Against
suspected
persons
who
live
idly
,
and
yet
fare
well
,
or
are
well
apparelled
,
having
nothing
whereon
to
live
,
(
except
upon
examination
,
they
shall
give
accompt
of
such
their
living
.
)
18.
Against
common
Haunters
of
Alehouses
or
Tavernes
,
but
more
specially
if
they
have
not
whereon
to
live
,
and
also
against
common
Drunkards
and
Prophaners
of
the
Sabbath
,
and
against
common
Gamesters
and
Keepers
of
common
gaming
houses
whereby
mens
servants
and
children
are
drawne
to
Unthriftinesse
,
and
also
against
Alehouse-keepers
and
Inne-keepers
that
maintaine
misorder
in
their
houses
,
and
especially
on
the
Sabboth
day
.
19.
Against
such
as
shall
use
to
goe
in
the
message
of
Theeves
,
See
stat.
18.
Ed.
2.
P.
Leete
1.
20.
All
these
former
offendors
,
and
the
like
,
are
evill
members
in
the
common
wealth
,
and
such
their
demeanor
and
living
is
greatly
to
be
suspected
(
and
besides
doe
seeme
to
be
more
properly
said
against
the
peace
of
the
land
,
then
Avowtrey
,
in
the
case
before
.
1.
H.
7.
7.
)
and
therefore
it
seemeth
reasonable
,
just
,
and
expedient
that
the
Iustices
of
peace
upon
their
discretion
should
convent
such
persons
before
them
and
their
courses
of
life
,
and
if
they
cannot
yeild
a
good
reason
and
accompt
of
such
their
courses
,
then
to
bind
them
to
their
good
behaviour
.
21.
Also
the
good
behaviour
seemeth
grantable
against
such
as
shall
make
false
outcries
,
or
shall
raise
Huy
and
Cryes
without
cause
,
for
these
are
disturbances
of
the
peace
.
Cromp.
179.
22.
If
two
men
doe
levie
Huy
and
Cry
one
upon
another
without
cause
,
both
of
them
may
be
attached
and
bound
over
,
as
disturbers
of
the
peace
.
P.
R.
156.
23.
Also
Cheators
and
Cozoners
may
be
bound
to
the
good
behaviour
.
25.
Also
it
seemeth
grantable
against
unlawfull
hunters
in
parks
,
after
their
examination
taken
,
vide
antea
tit
.
Hunting
.
26.
Also
it
shall
be
granted
against
him
that
shall
abuse
a
Iustice
of
peace
(
Constable
or
other
officer
of
the
peace
)
in
executing
of
their
office
.
29.
Nay
it
seemeth
that
he
which
shall
use
words
of
contempt
,
or
contra
bonos
mores
,
against
a
Iustice
of
peace
,
though
it
be
not
at
such
time
as
he
is
executing
his
office
,
yet
hee
shall
be
bound
to
his
good
behaviour
.
30.
If
a
Citizen
or
free
man
of
a
Citty
,
contra
bonos
mores
,
against
the
chiefe
officer
of
the
City
,
or
Towne
,
or
his
brethren
,
they
are
good
causes
to
commit
him
to
prison
untill
he
shall
finde
sureties
for
his
good
behaviour
,
for
obedience
and
reverence
ought
to
be
yeelded
to
the
magistrate
,
for
that
they
derive
their
authority
from
the
King
.
31.
Also
he
that
shall
abuse
a
Iustice
of
peace
his
warrant
may
be
bound
to
his
good
behaviour
.
32.
A
man
complaineth
of
a
Riot
or
a
forceible
Entry
,
so
that
the
Iustices
of
peace
are
assembled
to
enquire
therof
,
and
then
the
party
that
complained
will
not
prosecute
the
matter
,
it
seemeth
the
said
Iustices
of
peace
may
bind
him
to
his
good
behaviour
,
for
his
deluding
them
.
33.
And
so
of
such
as
shall
charge
another
with
felonie
,
before
a
Iust.
of
Peace
,
and
yet
will
not
give
Evidence
,
&c.
34.
A.
is
bound
to
keepe
the
peace
against
B.
only
,
35.
He
that
hath
a
pardon
for
any
felony
,
36.
Also
he
that
is
acquitted
of
felonie
,
if
he
be
of
evill
fame
,
or
of
evill
behaviour
,
it
seemeth
the
Iustices
of
peace
upon
their
discretion
may
bind
him
to
his
good
behaviour
.
37.
The
forme
of
a
warrant
for
the
good
behaviour
,
vide
postea
tit
.
Warrants
.
38.
The
forme
of
the
Recog.
for
the
good
behaviour
,
vide
postea
tit
.
Recognisance
.
39.
Whether
the
suretie
of
the
good
behaviour
(
taken
upon
complaint
)
may
be
released
by
any
speciall
person
,
some
do
doubt
it
,
40.
It
seemeth
also
a
Supersedeas
41.
Swearing
and
Cursing
.
CHAP.
64.
1.
FOrasmuch
as
all
prophane
swearing
and
cursing
is
forbidden
by
the
Word
of
God
,
in
anno
10.
Caroli
ca.
1.
that
no
person
or
persons
shall
prophanely
sweare
or
curse
,
and
that
every
person
or
persons
that
shall
at
any
time
or
times
offend
herein
either
in
the
hearing
of
a
Iustice
of
peace
,
bailiffe
,
or
any
other
head
officer
of
any
Citty
or
Towne
corporate
,
where
such
offence
is
or
shall
be
committed
,
or
shall
be
thereof
convicted
by
the
oathes
of
two
witnesses
,
or
by
confession
of
the
party
,
before
any
Iustice
of
Peace
of
the
County
,
or
head
officer
or
Iustice
of
Peace
in
the
Citty
or
towne
corporate
,
where
such
offence
is
or
shall
be
committed
,
to
which
end
every
Iustice
of
peace
,
and
every
such
head
officer
,
have
power
by
that
Act
to
minister
the
same
oath
,
that
then
every
such
offendour
shall
,
for
every
time
so
offending
,
forfeit
and
pay
to
the
use
of
the
poore
of
that
parish
,
where
the
same
offence
is
or
shall
bee
committed
,
the
summe
of
Twelve
pence
,
and
it
shall
also
be
lawfull
for
the
Constables
and
Church-wardens
,
or
any
one
of
them
,
by
warrant
from
such
Iustice
of
peace
or
head
officer
,
to
levie
the
same
summe
or
summes
of
money
,
by
distresse
and
sale
of
the
offendours
goods
,
rendring
to
the
party
the
overplus
,
and
in
defect
of
such
distresse
,
the
offendor
,
if
he
or
she
be
above
the
age
of
Twelve
yeeres
,
shall
,
by
warrant
from
such
Iustice
of
Peace
,
or
head
officer
,
be
set
in
the
stocks
for
three
whole
houres
,
but
if
the
offendor
be
under
the
age
of
Twelve
yeares
,
and
shal
not
forthwith
pay
the
said
summe
of
12.
d.
then
he
or
she
by
the
warrant
of
such
Iustice
of
P.
or
head
officer
,
shall
be
whipped
by
the
Constable
,
or
parents
or
master
in
his
presence
.
And
be
it
further
enacted
that
if
any
such
offendor
shall
commence
any
suite
in
Law
against
any
officer
or
other
,
for
such
distraining
sale
of
goods
,
whipping
or
setting
in
the
stocks
,
the
defendant
or
defendants
may
pleade
the
generall
issue
,
and
give
the
speciall
matter
in
evidence
to
the
Iury
at
the
triall
,
and
if
it
be
found
against
the
plaintiffe
,
or
that
the
plaintiffe
be
non-suite
,
the
defendant
or
defendants
shall
be
allowed
good
costs
,
to
be
taxed
by
the
Court
,
provided
neverthelesse
,
that
every
offence
against
this
law
,
shall
be
complained
of
,
and
proved
as
abovesaid
,
within
twenty
dayes
after
the
offence
committed
.
And
it
is
also
enacted
that
the
said
Act
shall
be
read
in
every
parish
Church
,
by
the
minister
thereof
vpon
Sunday
after
the
Evening
Prayer
twice
in
the
yeare
.
Treason
.
CHAP.
65.
BEfore
the
making
of
the
statute
of
25.
Ed.
3.
ca.
2.
de
prodicionibus
,
there
was
great
ambiguity
and
diuersity
of
opinions
what
offence
should
be
adjudged
Treason
,
for
clearing
whereof
the
said
statute
was
made
,
whereby
it
is
declared
that
these
offences
following
should
be
adjudged
Treason
,
viz.
1.
To
compasse
or
Imagine
the
death
or
destruction
of
the
King
,
the
Queene
or
the
Prince
.
2.
To
deflowre
the
Queene
or
the
eldest
daughter
of
the
King
not
marryed
,
or
the
wife
of
the
eldest
sonne
and
heire
of
the
King
.
3.
To
levie
warre
against
the
King
in
his
Realme
or
to
be
adherent
to
the
Kings
enemies
in
his
Realme
giving
them
ayd
or
comfort
in
his
Realme
or
elsewhere
.
4.
To
counterfeite
the
Kings
great
seale
or
privy
seale
,
or
his
money
.
5.
To
bring
false
money
into
this
kingdome
like
to
the
Kings
money
(
knowing
the
same
to
be
false
)
to
merchandise
or
make
payment
in
deceit
of
the
King
and
his
people
.
6.
To
kill
the
Cancellor
,
Treasurer
or
Iustices
of
the
King
of
the
one
Bench
or
the
other
,
Iustices
in
Eire
and
of
the
Assises
,
and
all
other
Iustices
of
Oyer
and
Terminer
being
in
their
places
doing
their
offices
.
2.
All
these
offences
are
by
the
said
statute
declared
to
be
Treasons
which
extend
to
the
King
and
his
Royall
Majestie
,
for
which
the
King
shall
have
the
Escheate
aswell
of
the
lands
holden
of
others
as
of
himselfe
.
3.
Also
there
be
other
offences
by
the
said
statute
declared
to
be
petty
Treasons
which
doe
not
extend
to
the
Kings
Majestie
,
as
where
the
wife
doth
murder
her
husband
,
the
servant
his
master
,
or
the
Clerke
his
Ordinary
,
in
which
cases
the
chiefe
Lords
had
the
Escheates
,
but
now
by
a
statute
made
in
this
kingdome
of
Ireland
,
in
10.
H.
7.
ca.
21.
aswell
these
offences
of
pettie
Treason
as
also
those
which
at
the
common
Law
were
murder
of
malice
prepensed
are
made
high
Treason
,
both
in
the
Actors
and
procurers
,
and
by
a
statute
made
in
28.
H.
8.
ca.
7.
in
Ireland
,
all
escheats
for
any
manner
of
Treason
are
given
to
the
King
.
4.
By
another
statute
made
in
3.
H.
5.
ca.
6.
It
is
declared
that
washing
,
fyling
or
clipping
of
money
shall
be
high
Treason
.
5.
By
another
statute
made
in
4.
H.
7.
ca.
16.
the
coyning
of
forraigne
coyne
which
is
permitted
to
passe
in
this
Realme
is
Treason
.
6.
By
another
statute
made
in
Ireland
in
anno
13.
H.
8.
ca.
1.
willfull
burning
of
houses
or
Rickes
of
Corne
in
the
field
or
in
the
Townes
is
made
Treason
.
7.
By
another
statute
made
in
Ireland
in
11.
Eliz.
ca.
1.
for
the
attainder
of
Shane
ô
Neale
the
assuming
of
the
name
or
dignity
of
O
Neale
,
or
taking
any
thing
by
colour
of
that
name
,
is
made
Treason
.
8.
By
a
statute
enacted
in
anno
10.
H.
6.
ca.
3.
in
Ireland
,
for
Cessing
of
horsemen
or
footmen
upon
the
Kings
subjects
,
without
their
good
wils
,
the
offendor
shall
be
adjudged
as
a
traitour
.
9.
By
another
statute
made
in
Ireland
in
anno
18.
H.
6.
ca.
2.
It
is
enacted
that
putting
into
Comricke
,
and
the
granting
of
such
Comricke
or
safeguard
shall
be
Treason
aswell
in
the
giver
as
in
the
taker
.
10.
By
another
statute
made
in
Ireland
in
anno
10.
H.
7.
ca.
13.
It
is
enacted
that
to
cause
assembly
or
insurrection
,
conspiracies
,
or
in
any
wise
to
procure
or
stirre
Irishry
or
Englishry
to
make
warre
against
the
Kings
authority
,
that
is
to
say
,
his
Lievetenant
or
Deputy
,
or
Iustices
,
or
else
in
any
manner
to
procure
or
stirre
the
Irishry
to
make
warre
upon
the
Englishry
shall
be
high
Treason
.
11.
By
another
statute
in
Ireland
made
in
28.
H.
8.
ca.
7.
It
was
enacted
amongst
other
things
that
if
any
person
shal
malitiously
wish
,
will
or
desire
by
words
or
writing
,
or
by
craft
imagine
,
invent
,
practise
or
attempt
any
bodily
harme
to
be
done
to
the
King
,
the
Queene
or
their
heires
apparant
,
or
to
deprive
them
or
any
of
them
of
the
dignity
,
title
,
or
name
of
their
Royall
estates
,
or
publish
or
pronounce
by
expresse
writing
or
words
that
the
Kings
Majestie
is
an
Hereticke
,
Schismaticke
,
Tyrant
,
Infidell
,
or
Usurper
of
the
Crowne
,
or
shall
rebelliously
detaine
or
withhould
from
the
King
,
his
heires
or
successors
any
of
his
or
their
ships
,
ordinances
,
artillery
,
and
other
munition
of
warre
,
and
shall
not
deliver
up
the
same
within
six
dayes
after
they
shall
be
required
by
Proclamation
under
the
great
seale
,
the
offendors
,
Ayders
,
Counsellers
,
Consenters
,
and
Abettors
,
shall
be
adjudged
Traitours
of
high
Treason
.
12.
Having
now
briefely
declared
the
statutes
which
are
of
force
in
this
kingdome
of
Ireland
concerning
Treasons
,
I
will
returne
backe
to
the
exposition
of
the
said
statute
of
25.
Ed.
3.
de
prodicionibus
.
13.
That
statute
of
25.
Ed.
3.
doth
not
make
any
offence
to
be
Treason
which
was
not
Treason
by
the
common
Law
before
,
neither
doth
it
alter
any
offence
of
Treason
at
the
common
Law
into
a
lesser
offence
,
but
onely
declareth
the
common
Law
in
some
particular
cases
,
and
therefore
it
will
be
necessary
to
set
forth
what
offences
have
beene
adjudged
to
be
Treason
at
the
common
Law
,
both
before
and
sithence
the
making
of
that
statute
.
14.
Treasons
at
the
common
Law
I
finde
thus
defined
by
Glanvill
li.
14.
ca.
1.
cum
quis
itaque
de
morte
Regis
vel
seditione
Regni
vel
exercitus
infamatur
,
&c.
And
afterward
in
the
same
chapter
are
these
words
,
viz.
ipsum
accusatum
machinatum
fuisse
,
vel
aliquid
fecisse
,
in
mortem
Regis
vel
seditionem
Regni
vel
exercitus
,
vel
consensisse
,
vel
consilium
dedisse
,
vel
authoritatem
prestitisse
,
&c.
15.
Also
I
finde
in
Bracton
li.
2.
Titulo
de
crimine
lesae
majestatis
,
Treason
to
be
thus
defined
,
videlicet
:
Si
quis
ausu
temerario
machinatus
sit
,
in
mortem
Regis
aut
aliquid
egerit
vel
agi
procuraverit
ad
seditionem
Dom.
Regis
vel
exercitus
sui
,
vel
procurantibus
auxilium
;
&
consilium
,
prestiterit
,
aut
consensum
,
licet
id
quod
in
voluntate
habuit
non
produxerit
ad
effectum
.
Tenetur
tamen
crimine
laesae
majestatis
.
16.
Also
Britton
fo.
16.
saith
that
it
is
high
Treason
to
compasse
the
death
of
the
King
or
to
disinherit
him
of
his
Realme
or
to
falsifie
his
seale
or
to
counterfeite
or
clip
his
money
.
And
in
this
Bracton
in
the
said
title
de
crimine
laesae
majestatis
agreeth
with
Britton
,
and
these
writers
were
all
before
the
statute
de
25.
Ed.
3.
de
prodicionibus
.
17.
If
this
compassing
of
the
death
of
the
King
,
&c.
may
appeare
either
by
words
,
writing
or
by
any
other
meanes
,
it
sufficeth
to
make
it
Treason
as
appeares
by
the
booke
in
29.
H.
6.
fo.
47.
&
Stamford
fo.
2.
18.
The
words
of
the
statute
of
25.
Ed.
3.
de
prodicionibus
,
maketh
not
any
mention
of
the
consenters
and
ayders
to
the
counterfeiting
of
the
great
seale
or
privy
seale
or
of
the
Kings
money
,
yet
this
is
high
Treason
by
Stamford
fo.
3.
&
19.
H.
6.
fo.
47.
and
the
booke
in
3.
H.
7.
fo.
9.
is
not
to
the
contrary
if
it
be
well
observed
,
for
there
the
Indictment
wanteth
the
word
proditoriè
,
and
this
is
by
the
rule
of
the
common
Law
.
19.
Also
the
taking
of
waxe
imprinted
with
the
great
seale
and
fixing
of
that
to
a
counterfeite
or
forged
writing
made
in
the
name
of
the
King
is
high
Treason
,
and
yet
it
is
not
within
the
words
of
the
statute
de
prodicionibus
,
and
so
it
is
adjudged
in
2.
H.
4.
fo.
32.
&
Stamford
fo.
3.
saith
it
hath
beene
so
adjudged
in
his
time
and
with
him
agreeth
Britton
fo.
10.
so
as
this
appeareth
to
be
Treason
at
the
common
Law
.
20.
Likewise
if
a
man
counterfeite
the
Kings
money
,
although
he
doe
not
utter
it
,
yet
that
is
high
treason
by
Stamford
fo.
3.
6.
H.
7.
fo.
13.
&
1.
R.
3.
fo.
1.
but
if
false
money
be
made
within
this
kingdome
and
another
knowing
it
to
be
false
utter
it
in
payment
,
this
is
not
Treason
by
Stamford
fo
3.
but
it
is
misprision
.
21.
If
many
conspire
to
commit
Treason
as
in
levying
of
warre
and
any
one
of
them
doth
it
,
this
is
treason
in
all
by
the
common
law
.
Dyer
fo.
98.
pl.
56.
22.
If
the
servant
kill
the
master
by
the
procurement
of
the
wife
,
this
before
the
statute
of
10.
H.
7.
whereby
all
killing
of
malice
prepensed
is
made
high
treason
was
pettit
Treason
in
both
,
but
now
in
Ireland
by
the
said
statute
it
is
high
treason
in
both
,
and
so
it
is
if
the
husband
had
beene
killed
by
a
stranger
by
the
procurement
of
the
wife
.
16.
El.
Dyer
fo.
332.
pl.
25.
23.
To
conspire
with
the
Prince
or
governor
of
another
Realme
to
invade
any
of
the
Kings
dominions
is
treason
,
although
there
be
no
such
Invasion
offered
or
openly
attempted
.
13.
El.
Dyer
fo.
298.
pl.
29.
24.
To
compasse
or
imagine
the
death
of
the
King
,
although
he
were
an
usurper
is
Treason
.
9.
Ed.
4.
fo.
12.
25.
One
outlawed
for
felony
was
in
prison
where
traitours
were
,
he
broke
the
prison
,
whereby
the
traitours
escaped
,
this
was
adjudged
Treason
.
1.
H.
6.
fo.
6.
26.
These
words
to
compasse
or
Imagine
the
death
or
destruction
of
the
King
are
words
of
large
extent
,
for
he
that
by
words
or
otherwise
deviseth
or
adviseth
any
meanes
how
the
King
may
come
to
his
death
,
that
is
Treason
,
although
it
take
no
effect
,
also
to
intend
to
deprive
the
King
,
by
that
intention
the
death
of
the
King
is
intended
,
&
so
the
same
is
Treason
by
the
declaration
of
the
said
statute
,
and
also
the
detaining
of
a
Castle
or
Fortresse
or
such
like
is
levying
of
warre
against
the
King
,
Br.
Treason
24.
27.
To
runne
into
Rebellion
and
stand
upon
their
keeping
and
to
rob
and
spoile
the
Kings
subjects
hath
alwayes
beene
adjudged
to
be
high
Treason
in
Ireland
,
and
to
be
a
levying
of
warre
against
the
King
.
28.
Also
to
kill
the
Kings
messenger
or
any
that
is
comming
to
ayd
the
King
against
his
enemies
is
Treason
.
29.
To
set
at
large
unlawfully
any
that
is
committed
for
Treason
is
Treason
by
the
common
Law
,
Dalton
fo.
225.
30.
It
is
to
be
observed
that
in
high
Treason
,
there
be
no
accessaries
as
in
felony
,
but
aswell
all
procurers
or
abettors
before
the
Treason
committed
as
releivers
of
the
traitours
after
the
Treason
committed
,
knowing
the
same
,
are
principall
traitours
and
not
accessaries
.
Trespasse
.
CHAP.
66.
in
10.
Caroli
ca.
23.
all
and
every
lewd
person
which
shall
unlawfully
cut
,
or
take
away
any
corne
growing
,
or
rob
any
Orchards
or
Gardens
,
or
breake
or
cut
any
hedge
,
pale
,
rayle
,
or
fence
,
or
digge
,
pull
up
,
or
take
away
any
fruit
trees
,
in
any
Orchard
or
garden
or
elsewhere
to
the
intent
to
take
or
carry
the
same
away
,
or
shall
barke
any
trees
that
are
growing
or
shall
cut
or
spoile
any
woods
or
underwoods
,
pailes
or
trees
standing
not
being
felony
,
and
their
procurers
or
receivers
knowing
the
same
being
thereof
convict
,
by
confession
of
the
party
,
or
by
the
testimony
of
one
sufficient
witnesse
upon
oath
before
any
one
Iustice
of
peace
(
where
the
offence
shall
be
committed
,
or
the
offendor
apprehended
)
shall
for
the
first
fault
give
the
party
wronged
such
recompence
,
and
within
such
time
as
by
any
one
Iustice
of
peace
(
of
the
County
where
such
offence
was
done
)
shall
be
appointed
,
and
if
such
offendor
shall
be
thought
(
in
the
discretion
of
the
said
Iustice
)
not
able
or
doe
not
make
satisfaction
accordingly
,
then
the
said
Iustice
shall
commit
the
said
offendor
to
some
Constable
or
other
inferiour
officer
where
the
offence
shall
be
committed
,
or
the
offendour
apprehended
to
be
whipped
.
2.
Also
for
the
second
fault
,
and
every
other
offence
whereof
such
offendour
shall
be
after
convicted
in
forme
aforesaid
,
such
offendour
shall
be
whipped
as
aforesaid
,
ibid.
3.
If
any
Constable
or
inferior
officer
doe
refuse
,
or
doe
not
at
the
commandement
of
a
Iustice
of
peace
,
by
himselfe
or
by
some
one
by
him
to
be
appointed
,
execute
upon
the
offendor
the
punishment
aforesaid
,
the
said
Iustice
of
peace
may
commit
the
said
Constable
,
&c.
to
the
common
gaole
,
there
to
remaine
without
baile
,
untill
the
said
offendor
be
,
by
the
said
Constable
or
by
some
other
,
by
his
procurement
,
whipped
as
aforesaid
.
4.
But
no
Iustice
of
peace
shall
execute
this
statute
for
any
of
the
offences
aforesaid
done
unto
himselfe
,
unlesse
he
be
assotiated
or
assisted
with
one
or
moe
other
Iustices
of
peace
whom
the
offence
doth
not
concerne
.
Tyles
.
CHAP.
67.
1.
BY
a
statute
made
in
anno
17.
Ed.
4.
it
is
enacted
that
all
and
every
person
or
persons
that
shall
use
the
occupation
of
making
of
any
Roofe
tyle
,
Crest
tyle
,
common
tyle
or
gutter
tyle
shall
make
it
good
,
seasonable
,
sufficient
and
throughly
whited
and
anealed
,
and
that
the
ground
whereof
any
such
tyle
shall
be
made
shall
be
digged
and
cast
up
before
the
first
day
of
November
next
before
that
they
shall
be
made
,
and
that
the
same
earth
be
stirred
and
turned
before
the
first
day
of
February
then
next
following
,
and
not
wrought
before
the
first
of
March
then
next
following
,
and
that
the
same
ground
before
it
be
put
to
making
of
tyle
,
be
truely
wrought
and
tryed
of
stones
,
and
also
that
the
vaines
called
malyne
or
marle
and
chalke
,
lying
commonly
in
the
ground
neere
to
the
earth
convenient
to
make
tyle
,
after
the
digging
of
the
said
ground
whereof
any
such
tyle
shall
be
made
,
shall
be
well
and
truely
severed
and
cast
from
the
earth
whereof
any
such
tyle
shall
be
made
,
and
that
every
such
plaine
tyle
so
to
be
made
,
shall
containe
in
length
ten
Inches
and
a
halfe
,
Anno
17.
Ed.
4.
cap.
4.
Tythes
.
CHAP.
68.
1.
IF
sentence
definitive
be
given
for
Tithes
by
any
Ecclesiasticall
Iudge
,
in
Anno
33.
H.
8.
ca.
12.
Watch.
CHAP.
69.
1.
EVery
Iustice
of
peace
may
cause
night
watch
to
be
duely
kept
for
the
arresting
of
persons
suspected
,
and
night-walkers
bee
they
strangers
or
others
that
be
of
evill
fame
or
behaviour
,
and
this
they
may
doe
by
force
of
the
first
Assignavimus
of
the
Commission
,
and
of
the
statute
of
Winchester
,
and
by
the
said
statute
this
Watch
is
to
be
kept
yearely
from
the
Feast
of
the
Ascention
untill
Michaelmas
in
every
Towne
,
and
shall
continue
all
the
night
(
scil.
)
from
the
Sun-setting
to
the
Sun-rising
,
and
by
another
statute
made
in
anno
5.
E.
4.
ca.
5.
in
Ireland
,
the
Watch
is
to
bee
kept
in
every
Towne
from
Michaelmas
untill
Easter
:
so
as
by
both
these
statutes
watch
is
to
be
kept
all
the
yeare
saving
onely
betweene
Easter
and
Ascention
day
.
2.
All
such
strangers
or
persons
suspected
as
shall
in
the
night
time
passe
by
the
watchmen
(
appointed
thereto
by
the
towne
Constable
or
other
officer
)
may
bee
examined
by
the
said
watchmen
whence
they
come
,
and
what
they
be
,
and
of
their
businesse
,
Waxe
.
CHAP.
70.
Weights
and
Measures
.
CHAP.
71.
1.
BY
a
statute
made
in
England
in
anno
9.
H.
5.
ca.
8.
the
Iustices
of
peace
have
power
to
take
and
imprison
all
falsifiers
and
Counterfeiters
of
false
weights
,
and
to
hold
them
in
prison
without
mainprise
untill
they
be
acquitted
or
attainted
,
and
if
they
be
attainted
their
bodies
shall
abide
in
prison
untill
they
have
made
fynes
and
Ransomes
at
the
discretion
of
the
said
Iustices
.
2.
By
another
statute
made
in
England
in
anno
34.
E.
3.
ca.
6.
Iustices
of
peace
have
power
to
enquire
of
weights
and
measures
,
and
to
punish
the
offendors
,
and
therefore
it
is
necessary
for
them
to
know
what
weights
and
measures
by
the
lawes
and
statutes
of
force
in
this
Kingdome
,
ought
to
be
observed
.
14.
Ed.
3.
ca.
12.
27.
Ed.
3.
10.
13.
R.
2.
9.
8.
H.
6.
5.
and
7.
H.
7.
ca.
3.
as
thereby
appeareth
.
4.
And
yet
notwithstanding
all
these
statutes
,
there
alwayes
hath
been
two
kinds
of
Weights
used
in
England
and
both
warrantable
,
the
one
by
law
and
the
other
by
Custome
(
as
it
seemeth
)
but
they
are
for
severall
sorts
of
wares
or
commodities
,
for
there
is
Troy
weights
and
Averdepois
.
6.
Averdepois
weight
is
by
Custome
,
yet
confirmed
also
by
statute
,
and
thereby
are
weighed
all
grossery
wares
,
phisicall
drugges
,
7.
And
this
hath
to
the
pound
sixteene
Ounces
or
25.
s.
old
sterling
weight
.
Also
in
this
Averdepois
weight
unto
every
hundred
is
allowed
twelve
pounds
weight
.
Averdepois
.
-
Averdepois
weight
.
-
14.
ounces
and
an
halfe
,
and
2.
pence
weight
Troy
doe
make
16.
ounces
of
Averdepois
.
-
7.
-
pounds
,
or
-
pints
Averdepois
make
the
Gallon
of
Wheate
,
&c.
-
14.
-
pounds
,
or
-
pints
,
Averdepois
make
the
Pecke
of
Wheate
,
&c.
-
56.
-
pounds
,
or
-
pints
Averdepois
make
the
Bushell
of
Wheate
,
&c.
|
Pints
or
pounds
.
|
5120
|
512
|
256
|
64
|
16
|
8
|
4
|
Troy
weight
.
|
|
Quarts
.
|
2560
|
256
|
128
|
32
|
8
|
4
|
2
|
|
|
Pottles
.
|
1280
|
128
|
64
|
16
|
4
|
2
|
1
|
|
|
Gallons
.
|
640
|
64
|
32
|
8
|
2
|
1
|
|
Measures
of
Corne
according
to
Troy
weight
.
|
|
Pecks
.
|
320
|
32
|
16
|
4
|
1
|
|
|
|
Bushels
.
|
80
|
8
|
4
|
1
|
|
|
|
|
Coombes
.
|
20
|
2
|
1
|
|
|
|
|
|
|
Quarters
.
|
10
|
1
|
Ten
Quarters
of
corne
is
a
Last
.
|
|
|
|
Beere
measures
.
|
Ale
measures
.
|
|
|
Pints
|
288
|
144
|
72
|
8
|
4
|
2
|
256
|
128
|
64
|
8
|
Measures
of
Beere
&
Ale
.
|
|
Quarts
|
144
|
72
|
36
|
4
|
2
|
1
|
128
|
64
|
32
|
4
|
|
Pottles
|
72
|
36
|
18
|
2
|
1
|
|
64
|
32
|
16
|
2
|
|
|
Gallons
|
36
|
18
|
9
|
1
|
|
|
32
|
16
|
8
|
1
|
|
|
Firkins
|
4
|
2
|
1
|
|
|
|
4
|
2
|
1
|
|
|
|
Kilderkins
|
2
|
1
|
|
|
|
|
2
|
1
|
|
|
|
|
Barrels
|
1
|
|
|
|
|
|
1
|
|
|
|
|
See
for
Corne
,
Beere
,
and
Ale
,
more
fully
in
that
which
followeth
.
Troy
Weight
,
15.
H.
3.
-
32.
Wheat
Cornes
taken
in
the
midst
of
the
Eare
,
weigheth
1.d
.
sterling
.
-
Twenty
pence
old
sterling
make
the
ounce
Troy
.
-
12.
Ounces
make
in
-
weight
j.
li.
Troy
.
-
measure
j.
pint
.
-
Two
pints
or
pounds
make
the
quart
.
-
Two
quarts
make
the
Pottle
.
-
8.
pints
make
the
Gallon
.
-
4.
quarts
make
the
Gallon
.
-
2.
Pottles
make
the
Gallon
.
-
Eight
quarts
make
the
Pecke
.
-
64.
pints
-
32.
quarts
-
8.
gallons
-
4.
peckes
-
make
the
-
Bushell
or
-
Firkin
.
-
Sixteene
gallons
-
Two
Firkins
-
make
the
-
Kilderkin
.
-
halfe
Barrell
.
-
Rondlet
.
-
256.
pints
-
128.
quarts
-
32.
gallons
-
4.
firkins
-
2.
kilderkins
-
4.
bushels
-
make
the
-
Coombe
or
-
Barrell
.
-
512.
pints
-
256.
quarts
-
64.
gallons
-
8.
firkins
-
4.
kilderkins
-
2.
barrels
-
8.
bushels
-
make
the
-
Quarter
or
-
Hogshead
.
So
the
-
Pint
and
pound
-
Firkin
and
bushell
-
Barrell
and
coombe
-
Hogshead
&
quarter
are
of
like
content
.
Measures
of
Corne.
2.
By
statute
the
bushell
must
containe
eight
gallons
or
sixty
foure
pounds
or
pints
of
wheate
.
31.
Ed.
1.
3.
And
yet
by
the
booke
of
the
Assise
imprinted
Anno
Domini
1597.
the
bushell
is
to
containe
56.
pounds
or
pints
of
Averdopois
weight
(
which
is
three
pounds
or
three
pints
,
and
eight
ounces
Troy
more
then
the
statute
or
Troy
weight
)
for
56.
pounds
or
pints
Averdepois
weight
,
and
67.
pounds
8.
ounces
Troy
weight
doe
justly
agree
.
Also
every
measure
of
Corne
shall
be
stricken
without
heape
and
all
purveyance
shall
be
by
such
measure
.
25.
Ed.
3.
ca.
10.
4.
Water
measure
(
sould
within
Shipboard
)
shall
containe
five
pecks
stricken
to
the
bushell
.
5.
No
person
shall
buy
or
sell
with
a
Bushell
except
it
be
sealed
and
marked
by
the
officer
,
and
according
to
the
Kings
Standerd
.
6.
All
sorts
of
bread
ought
to
be
weighed
by
Troy
weight
.
7.
Post
septem
dies
panis
non
ponderetur
.
8.
The
Baker
shall
not
sell
to
any
victualler
,
&c.
to
be
retayled
but
onely
thirteene
peny
worth
for
twelve
pence
,
aswell
mans
bread
as
horsebread
.
9.
The
punishment
of
the
Bakers
for
their
unlawfull
breads
is
that
that
the
Iustices
of
peace
or
sworne
officers
in
Leets
may
take
away
their
unlawfull
bread
,
and
give
it
amongst
the
poore
,
as
officers
in
corporate
Towes
are
enabled
to
doe
,
as
it
seemeth
in
the
end
of
the
booke
of
Assise
imprinted
anno
1597.
and
all
Iustices
of
peace
are
there
willed
and
required
to
be
ayding
and
assisting
to
the
said
officers
therein
,
but
by
the
statute
51.
H.
3.
Lambard
62.
)
or
to
some
other
correction
.
Measures
of
Wine
,
Beere
and
Ale
,
&c.
Wine
,
Oyle
and
Honey
:
their
measure
is
all
one
,
sc.
the
-
Rondlet
,
16.
&
di
.
-
Barrell
,
31.
-
Hogshed
,
63.
-
Pipe
,
126.
-
Tunne
,
252.
gallons
.
1.
Cheese
:
A
weigh
of
Cheese
must
containe
32.
cloves
,
2.
Beefe
,
and
other
flesh
are
16.
ounces
Averdepois
to
the
pound
,
3.
Also
sixscore
herrings
shall
goe
to
the
hundred
,
ten
hundred
to
the
thousand
,
and
ten
thousand
to
the
last
.
31.
Ed.
3.
ca.
2.
4.
Wooll
14.
pounds
weight
goeth
to
the
stone
of
wooll
,
and
26.
5.
Of
Sugar
,
Spices
,
and
waxe
8.
pounds
maketh
the
stone
and
13.
stone
and
a
halfe
or
a
hundred
and
eight
pound
maketh
the
hundred
,
see
the
statute
,
de
composit
.
ponder
.
Rast
.
weights
8.
6.
Of
hops
fivescore
and
12.
pounds
maketh
the
hundred
.
7.
Of
lead
,
the
formell
containeth
six
stone
wanting
two
pounds
,
and
30.
8.
The
content
of
the
Dicker
of
hyds
is
10.
skins
,
&
20.
dickers
make
a
last
.
9.
For
the
contents
of
Iron
,
glasse
,
linnen
cloath
and
diverse
other
things
,
see
the
statute
,
de
composit
.
ponder
.
Rast.
8.
10.
All
other
commodities
of
tale
or
number
,
are
sould
by
the
hundred
whereof
Cattell
and
fish
are
sould
sixscore
to
the
hundred
,
and
yet
the
hundred
of
hard
fish
must
containe
eightscore
.
Rast.
8.
all
headed
things
,
as
nayles
,
pins
,
&c.
are
sould
sixscore
to
the
hundred
,
and
all
other
things
have
but
fivescore
to
the
hundred
.
11.
Timber
well
hewen
and
squared
perfectly
fifty
foot
thereof
maketh
the
load
.
12.
Lath
shall
containe
in
length
five
foot
,
in
bredth
two
Inches
,
and
in
thicknesse
halfe
an
Inch.
13.
Of
Tyle
the
Assise
thereof
in
the
length
,
breadth
,
and
thicknesse
appeareth
before
in
the
title
of
Tyle
.
14.
A
Bale
of
paper
is
ten
Reame
,
a
Reame
20.
quires
of
paper
,
a
quire
is
25.
sheetes
.
15.
A
Rowle
of
parchment
is
5.
dozen
,
or
60.
skins
.
2.
Fower
Inches
3.
Twelve
Inches
make
the
foot
.
4.
Three
foot
make
the
yard
.
5.
Three
foot
and
9.
Inches
make
the
Ell.
6.
Seven
foot
make
the
fadome
.
7.
Five
yards
and
a
halfe
(
which
is
sixteene
foot
and
a
halfe
)
make
the
pole
,
8.
And
yet
by
the
usage
of
many
Countreyes
the
pole
doth
vary
,
for
in
some
places
it
is
eighteene
foot
,
and
in
some
places
20.
foot
and
most
places
in
Ireland
21.
Consuetudo
loci
est
observanda
.
9.
Forty
pole
in
length
make
a
furlong
.
10.
Eight
furlongs
(
or
320.
pole
)
make
an
English
mile
.
11.
Forty
pole
in
length
,
and
foure
in
breadth
,
doe
make
an
Acre
.
Stat.
Composit
●ulnarum
.
&
Stat.
34.
Ed
1.
Cambden
fol.
339.
and
Hollingshed
pag.
13.
impress
.
1586.
In
anno
8.
H.
6.
ca.
5.
It
is
enacted
as
followeth
,
videlicet
.
whereas
by
the
great
Charter
of
the
liberties
of
the
Realme
of
England
and
by
a
statute
made
the
xxvij
.
yeare
of
King
Edward
the
third
it
was
ordeined
and
by
a
statute
made
the
xiij
.
yeare
of
King
Richard
the
second
confirmed
,
that
one
weight
and
one
measure
should
be
through
all
the
Realme
of
England
aswell
out
of
the
staple
as
within
;
And
in
the
same
statute
of
the
said
noble
King
Edward
,
it
is
ordained
that
the
weight
called
auncell
for
the
great
damage
&
subtill
deceits
done
by
the
same
measure
to
the
common
people
,
14.
There
is
another
statute
made
in
Ireland
in
anno
12.
El.
ca.
3.
concerning
measures
of
Corne
,
whereby
it
was
enacted
that
two
measures
of
brasse
should
be
made
at
the
Queenes
cost
,
one
for
wheat
,
Rye
,
Maslen
,
Beanes
,
and
Peese
,
and
another
for
Malt
,
Oates
,
and
Barley
,
which
shall
bee
the
Standerds
for
the
Shires
of
the
City
of
Dublin
,
the
county
of
Dublin
,
Kildare
,
Catherlagh
,
Wexford
,
Meath
,
the
Towne
of
Drogheda
,
Westmeath
,
Louth
,
Kings
County
,
and
Queenes
County
,
within
this
Realme
,
and
that
the
same
being
marked
with
the
Crowne
and
letters
of
her
majesties
name
,
should
remaine
and
be
as
her
highnesse
Standerds
for
the
Shires
aforesaid
,
in
her
Majesties
Exchequer
of
this
Realme
,
in
the
custody
of
the
Lord
Treasurer
of
this
Realme
,
or
of
the
under
Treasurer
for
the
time
being
,
and
that
unto
the
Knights
,
Citizens
and
Burgesses
of
every
the
Shires
,
Cities
,
and
Townes
,
before
named
,
assembled
in
the
same
Parliament
,
and
to
certaine
Burgesses
of
the
Borough
Townes
in
the
same
Shires
should
be
delivered
one
measure
of
every
such
measures
which
her
Majestie
should
cause
to
be
made
according
to
the
tenor
of
the
said
Act
for
the
common
wealth
of
her
highnesse
subjects
within
this
Realme
of
Ireland
,
according
to
her
Majesties
Standerd
of
her
Exchequer
in
this
Realme
,
by
Indenture
thereof
to
be
made
betweene
the
Lord
Treasurer
of
this
Realme
,
or
the
under
Treasurer
for
the
time
being
,
at
the
cost
and
charges
of
the
said
Shire
,
City
,
Towne
,
or
Borough
,
and
that
the
said
Knights
,
Citizens
,
and
Burgesses
,
to
whom
the
said
measure
shall
be
delivered
,
as
is
aforesaid
,
shall
surely
and
safely
convey
,
or
cause
the
same
to
be
conveyed
by
the
said
Citizens
to
their
Cities
,
and
by
the
said
Knights
or
Burgesses
unto
such
Borough
,
or
Towne
corporate
,
or
market
Towne
within
the
Shire
,
for
which
they
have
beene
elected
as
hereafter
shall
be
appointed
in
this
Act
,
for
the
good
custody
of
the
same
measures
withall
convenient
speed
and
expedition
,
there
to
remaine
for
ever
in
the
keeping
of
the
Maior
,
Bailiffe
,
Soveraigne
,
Portriffe
,
or
other
head
officer
for
the
time
being
of
the
same
City
,
Borough
,
or
Towne
,
as
her
Majesties
Standerds
of
measure
,
and
that
the
Inhabitants
of
all
Cities
,
Boroughes
,
or
market
Townes
within
every
of
the
said
Shires
should
with
all
convenient
speed
after
the
same
Standerds
so
delivered
as
is
before
prescribed
,
make
or
cause
to
be
made
common
measures
,
according
to
the
measures
aforesaid
to
remaine
in
the
said
Cities
,
Boroughes
,
and
market
Townes
,
and
every
of
them
,
and
the
measures
to
be
viewed
,
examined
,
printed
,
signed
,
and
marked
,
by
the
Mayor
,
Bailiffe
,
Soveraigne
,
Portriffe
,
or
other
head
officer
,
in
whose
possession
the
said
Standerd
shall
remaine
or
by
his
officer
appointed
in
that
behalfe
,
and
that
every
of
the
aforesaid
Maiors
,
Bailiffes
,
Soveraignes
,
Portriffes
,
or
head
officers
having
the
said
measures
printed
,
and
signed
under
the
signe
and
print
for
the
same
,
with
the
letters
of
her
Majesties
name
Crowned
,
should
have
authority
and
power
to
make
,
signe
and
print
like
measures
unto
every
of
her
Majesties
subjects
duely
requiring
the
same
,
taking
for
marking
of
every
bushell
two
pence
,
lawfull
money
of
Ireland
,
and
that
no
Merchant
nor
other
person
or
persons
within
any
City
,
or
market
Towne
in
any
the
Shires
before
specified
,
shall
buy
,
sell
,
or
receive
any
graine
,
or
corne
,
with
any
measure
,
except
it
be
marked
,
signed
,
and
printed
in
manner
and
forme
aforesaid
,
nor
any
other
person
or
persons
in
any
Shires
before
specified
out
of
the
said
Cities
,
Boroughes
,
and
market
Townes
,
except
it
be
like
and
equall
with
the
Standerd
,
ordained
and
made
for
the
said
Shire
,
precinct
or
place
,
where
any
such
person
shall
so
sell
,
buy
,
or
receive
any
such
graine
,
or
corne
,
and
that
every
person
aswell
without
Cities
,
Boroughes
,
and
market
Townes
,
as
within
in
every
of
the
Shires
above
specified
shall
buy
,
sell
,
and
receive
,
and
deliver
with
a
bushell
sealed
,
signed
,
and
marked
,
after
the
forme
aforesaid
,
and
no
otherwise
,
upon
forfeiture
of
the
graine
,
and
corne
so
sold
,
bought
,
received
and
delivered
,
halfe
to
the
Queenes
Majestie
,
her
heires
and
successors
,
and
the
other
halfe
to
the
party
grieved
and
that
will
sue
for
the
same
by
Action
of
debt
after
the
course
of
the
common
lawes
of
this
realme
,
wherein
no
essoyne
protection
nor
wage
of
Law
to
be
admitted
or
allowed
,
and
that
all
the
Maiors
,
Bailiffes
,
Soveraignes
,
Portriffes
,
and
other
head
officers
,
of
every
City
,
Borough
,
or
market
Towne
,
within
every
the
Shires
above
said
,
shall
cause
twice
in
the
yeare
or
oftner
,
as
they
shall
thinke
necessary
all
measures
within
the
said
Cities
,
Boroughes
,
or
market
Townes
to
be
brought
afore
them
,
and
to
be
duely
viewed
and
examined
,
and
such
as
they
shall
upon
examination
finde
defective
immediately
to
be
broken
and
burnt
,
and
the
party
or
parties
which
in
that
behalfe
hath
offended
,
and
be
found
defective
shall
forfeite
six
shillings
eight
pence
,
the
forfeiture
thereof
to
be
unto
the
said
Maior
,
Bailiffe
,
Soveraigne
,
Portriffe
,
or
other
having
Iurisdiction
or
correction
in
that
behalfe
,
and
at
the
second
time
the
said
offendors
to
forfeite
thirteene
shillings
foure
pence
,
and
at
the
third
time
likewise
to
forfeite
twenty
shillings
the
same
forfeitures
to
be
to
the
head
officers
,
as
afore
is
said
,
and
for
further
punishment
to
be
set
upon
the
pillory
to
the
example
of
others
,
and
that
the
Iustices
of
peace
in
every
Shire
of
this
Realme
of
Ireland
,
have
full
power
and
authority
to
enquire
,
heare
and
determine
the
said
defaults
,
and
that
the
said
Iustices
of
peace
above
said
have
authority
to
make
like
processe
against
all
persons
found
as
is
above
said
defective
,
and
for
such
fynes
and
amerciaments
as
upon
them
shall
be
assessed
,
as
if
they
were
endicted
afore
them
,
for
breaking
of
the
Queenes
peace
,
provided
alwayes
that
the
examination
of
the
defaults
abovesaid
,
and
punishments
of
the
offendours
of
every
offence
committed
hereafter
within
any
City
,
or
Towne
corporate
of
this
Realme
,
that
have
by
grant
or
Charter
the
office
of
Clerke
of
the
Market
,
or
of
Iustices
of
peace
and
their
authorities
,
or
that
have
by
grant
or
Charter
fines
,
amerciaments
,
or
forfeitures
growing
within
their
City
or
towne
shall
be
had
,
done
and
ministred
by
the
head
officers
,
Clerke
of
the
market
or
Iustices
of
peace
within
the
same
Cities
,
or
Townes
incorporate
for
the
time
being
,
and
by
none
other
,
the
premisses
notwithstanding
,
and
the
same
Maiors
,
Bailiffes
,
Soveraignes
,
Portriffes
,
or
other
head
officers
and
their
successors
,
shall
take
,
perceive
,
and
retaine
,
all
and
singular
the
fynes
,
amerciaments
,
forfeitures
,
and
penalties
,
to
grow
by
any
offence
to
bee
committed
against
any
branch
or
article
of
this
Act
within
their
severall
Iurisdictions
and
authorities
in
like
manner
as
they
should
,
mought
or
ought
to
have
any
forfeitures
,
fynes
,
amerciaments
,
and
penalties
within
the
severall
Iurisdictions
and
authorities
,
by
reason
of
any
grant
or
Charter
made
to
them
,
before
the
making
of
this
Act
any
thing
therein
contained
,
or
any
Law
,
prescription
,
custome
,
or
usage
,
to
the
contrary
hereof
in
any
wise
notwithstanding
.
And
forasmuch
as
great
inconveniences
and
intollerable
damage
have
and
doth
ensue
by
the
occasion
of
diversity
of
measures
within
the
Shires
above
mentioned
,
&
thereby
amongst
other
hatefull
evils
men
are
moved
to
buy
in
one
market
,
and
sell
the
same
graine
in
another
to
the
great
subvertion
of
good
orders
in
markets
,
it
was
enacted
and
established
that
the
several
Standerds
to
be
made
by
her
Majestie
for
the
severall
Shires
,
Cities
,
and
Townes
,
before
named
shall
keepe
and
hold
the
quantities
hereafter
following
,
that
is
to
say
,
the
bushell
for
the
Wheat
,
Rye
,
Maslen
,
Beanes
,
and
Peese
,
shall
containe
16.
Ale
gallons
,
and
the
bushell
for
the
Mault
,
Oates
,
and
Barley
,
shall
containe
20.
Ale
gallons
,
and
that
the
same
Standerds
and
measures
shall
be
kept
and
remaine
in
the
Townes
and
places
hereafter
appointed
in
this
Act
as
her
Majesties
Standerds
for
ever
,
and
that
every
bushell
of
Wheat
Corne
,
shall
be
received
,
stricked
,
without
heape
,
and
the
bushell
of
Mault
,
Corne
,
shall
be
layed
and
pressed
downe
just
with
the
brim
of
the
bushell
after
the
accustomed
manner
of
measuring
Mault
,
and
not
in
other
manner
upon
forfeiture
of
the
Corne
received
contrary
to
the
tenor
hereof
or
of
the
just
value
and
price
thereof
.
The
Names
of
the
Townes
limitted
for
the
Custodie
of
Measures
according
to
the
Queenes
Standard
appointed
by
the
said
Act
for
the
Shires
in
the
same
Act
mentioned
.
|
1.
County
of
the
Citty
of
Dublin
,
and
the
County
of
Dublin
.
|
1.
|
The
Citty
of
Dublin
.
|
|
2.
The
County
of
the
Towne
of
Drogheda
.
|
2.
|
The
Towne
of
Drogheda
.
|
|
3.
The
County
of
Catherlagh
.
|
3.
|
The
Towne
of
Catherlagh
.
|
|
4.
The
County
of
Lowth
.
|
4.
|
The
Towne
of
Dundalke
.
|
|
5.
The
Kings
County
.
|
5.
|
The
Towne
of
Phillipstowne
.
|
|
6.
The
County
of
Meath
.
|
6.
|
The
Towne
of
Tryme
.
|
|
7.
The
County
of
Kildare
.
|
7.
|
The
Towne
of
Kildare
.
|
|
8.
The
County
of
Wexford
.
|
8.
|
The
Towne
of
Wexford
.
|
|
9.
The
County
of
Westmeath
.
|
9.
|
The
Towne
of
Molingare
.
|
|
10.
The
Queenes
County
.
|
10.
|
The
Towne
of
Maryborough
.
|
These
two
last
statutes
I
have
rehearsed
at
large
because
upon
them
two
,
the
authority
of
the
Iustice
of
peace
out
of
the
Sessions
chiefely
dependeth
.
Warrants
and
Presidents
.
CHAP.
72.
1.
WArrants
and
presidents
which
concerne
the
exercise
of
the
office
of
a
Iustice
of
peace
out
of
the
generall
Sessions
,
are
of
severall
sorts
,
viz.
they
concerne
either
Treasons
,
Felonies
,
Misprisions
,
Praemunires
,
forcible
Entries
,
forceible
detainers
,
Riots
,
Routs
,
and
unlawfull
assemblies
,
security
of
the
peace
,
and
good
behaviour
,
or
other
misdemeanors
or
offences
of
severall
sorts
.
2.
As
concerning
Treasons
,
and
felonies
,
upon
information
made
of
any
Treason
or
felon
commited
,
any
one
Iustice
of
peace
may
direct
his
warrant
to
the
Sheriffe
or
to
the
high
Constables
or
petty
Constables
,
or
to
all
or
any
of
them
to
make
search
for
the
traitours
or
felons
,
and
also
for
the
stolne
goods
.
A
warrant
to
apprehend
a
Traitour
may
be
thus
.
2.
3.
The
like
warrant
may
be
made
for
the
apprehension
of
felons
,
mutatis
mutandis
.
A
warrant
to
search
for
stolne
goods
may
be
thus
.
5.
When
any
of
the
said
felons
,
or
traitours
shall
be
so
arrested
and
brought
before
the
Iustice
of
peace
,
the
Iustice
must
take
the
examination
of
the
traitours
or
felons
,
in
writing
but
not
upon
oath
,
and
must
examine
them
upon
all
circumstances
,
whereof
he
shall
receive
information
from
the
accusers
,
and
upon
such
other
circumstances
as
he
in
his
owne
discretion
shall
thinke
fit
,
for
the
discovery
of
the
Treason
or
felony
.
The
forme
of
the
Examinations
may
be
thus
.
6.
The
Examination
of
A.B.
&c.
taken
before
me
R.B.
one
of
his
Majesties
Iustices
of
peace
in
the
County
of
M.
the
first
day
of
February
in
the
xiij
.
yeare
of
the
Raigne
of
our
soveraigne
Lord
Charles
by
the
grace
of
God
King
of
England
,
Scotland
,
France
,
and
Ireland
defendor
of
the
faith
,
&c.
The
said
examinat
.
being
duely
examined
saith
,
&c.
and
so
set
downe
every
particular
answer
that
the
prisoner
shall
make
,
to
the
questions
that
shall
be
demanded
of
him
.
7.
This
being
done
,
the
Iustice
of
peace
must
take
the
examinations
of
the
accusers
,
and
such
other
as
can
give
any
evidence
materiall
against
the
prisoner
,
and
their
examinations
must
be
taken
in
writing
severally
and
that
upon
oath
.
The
forme
whereof
may
be
thus
.
8.
The
examination
of
A.B.
&c.
taken
before
me
C.B.
Esquire
one
of
his
Majesties
Iustices
of
peace
,
in
the
County
of
Dublin
the
first
day
of
March
in
the
xiij
.
yeare
of
the
Raigne
of
our
soveraigne
Lord
Charles
by
the
grace
of
God
King
of
England
,
Scotland
,
France
,
and
Ireland
defendor
of
the
faith
,
&c.
This
examinat
.
being
duely
sworne
upon
the
holy
Evangelist
and
examined
upon
his
oath
,
saith
,
&c.
and
so
set
downe
at
large
all
the
materiall
circumstances
that
he
shall
declare
to
prove
the
treason
or
felony
.
9.
This
being
done
the
Iustice
of
peace
must
make
a
Mittimus
to
convay
the
prisoner
to
the
County
Gaole
.
The
Mittimus
may
be
in
this
forme
.
10.
11.
I
doe
not
like
of
the
Mittimus
commonly
used
in
Ireland
that
is
to
send
the
prisoner
from
Constable
to
Constable
,
for
I
finde
by
experience
that
thereby
many
notable
offendors
doe
escape
,
and
then
many
times
goe
into
Rebellion
to
the
great
prejudice
of
the
common
wealth
,
but
I
like
better
that
he
should
be
convayed
to
the
Gaole
by
the
Constable
of
that
Constablewicke
where
he
was
apprehended
,
and
that
by
a
sufficient
guard
at
the
charge
of
the
Constablewicke
,
for
which
the
Iustices
of
peace
shall
doe
well
to
conceive
a
generall
order
at
their
generall
Sessions
of
the
peace
.
12.
This
being
done
the
Iustice
of
peace
must
take
a
severall
Recognisance
of
every
one
of
the
accusers
,
and
of
every
one
that
can
give
evidence
against
the
prisoner
,
the
forme
of
which
Recognisance
may
be
thus
.
The
condition
of
the
above
Recognisance
is
such
that
whereas
one
A.B.
late
of
C.
labourer
was
this
present
day
brought
before
me
,
and
was
charged
with
the
felonious
stealing
of
one
blacke
horse
of
the
goods
of
the
above
named
B.E.
and
thereupon
was
sent
by
me
the
above
named
Iustice
of
peace
,
to
the
Kings
Majesties
gaole
of
the
said
County
of
Dublin
:
If
therefore
he
the
said
B.
E.
shall
and
will
at
the
next
generall
gaole
delivery
to
be
holden
in
the
said
County
,
preferre
or
cause
to
be
framed
and
preferred
a
bill
of
indictment
of
the
said
felony
against
the
said
A.B.
and
shall
and
will
then
also
give
evidence
there
concerning
the
same
aswell
to
the
Iurors
that
shall
then
make
enquiry
of
the
said
felony
as
also
to
them
that
shall
passe
upon
the
tryall
of
the
said
A.
B.
That
then
the
said
Recognisance
shall
be
voyd
,
or
else
,
&c.
14.
The
like
Recognisance
must
be
taken
severally
of
all
such
as
can
give
any
materiall
evidence
against
the
prisoner
with
the
like
condition
.
15.
And
in
cases
of
Treason
the
like
Recognisance
must
be
taken
as
in
felony
mutatis
mutandis
.
16.
Also
the
Iustice
of
peace
ought
to
returne
the
said
examinations
and
Recognisances
at
the
next
gaole
delivery
or
else
he
is
to
be
fyned
.
17.
Now
concerning
Misprisions
and
Praemunires
,
the
Iust.
of
peace
may
make
out
a
warrant
to
apprehend
offendours
in
this
forme
following
,
viz.
A.B.
Esquire
one
of
his
Majesties
Iustices
of
peace
within
the
County
of
Lowth
,
These
are
in
his
Majesties
name
streightly
to
charge
and
command
you
,
and
every
of
you
,
within
your
severall
Bailiwickes
,
Hundreds
,
Baronies
,
and
Constablewickes
,
to
make
diligent
search
for
the
body
of
O.D.
late
of
E.
in
the
County
aforesaid
labourer
,
and
him
so
found
to
attach
and
arrest
and
presently
without
delay
to
bring
him
before
me
at
my
house
in
Dale
in
the
said
County
to
answere
to
such
matters
as
on
his
Majesties
behalfe
shall
be
objected
against
him
,
hereof
you
may
not
faile
at
your
perill
.
Sealed
with
my
seale
and
dated
,
&c.
18.
And
in
all
cases
where
the
prisoner
is
baileable
which
you
may
finde
in
the
Chapter
of
Baile
and
Mainprise
the
prisoner
may
be
bailed
by
two
Iustices
of
peace
whereof
one
to
be
of
the
Quorum
,
the
forme
of
which
baile
may
be
as
followeth
,
viz.
Memorand
.
quod
vicessimo
die
mensis
Iulij
Anno
Regni
Domini
nostri
Caroli
Dei
gratia
,
Angliae
,
Scotiae
,
Franciae
,
Or
thus
if
the
prisoner
be
indicted
.
Memorand
.
quod
secundo
die
mensis
Septembris
anno
Regni
Domini
nostri
Caroli
dei
gratia
,
Angliae
,
Scotiae
,
Franciae
,
&
Hiberniae
,
R.
B.
de
L.
in
Com.
predict
.
gener
.
viz.
quilibet
eorum
corpus
pro
corpore
,
quod
idem
R.
B.
personaliter
comperebit
coram
Iusticiarijs
dicti
Domini
Regis
ad
gaolam
deliberand
.
assignatis
,
ad
proximam
gaolae
deliberationem
in
Com.
predict
.
tenend
.
ad
standum
recte
in
Curia
,
si
quis
versus
eum
loqui
voluerit
,
de
diversis
felonijs
&
transgressionibus
unde
Idem
R.B.
indictatus
existit
ut
dicitur
,
&
ad
respond
.
dicto
dom.
regi
de
ijsdem
prout
debet
.
datum
sub
sigillis
nostris
,
&c.
19.
Note
that
upon
this
last
president
the
mainperners
shall
be
fyned
at
the
discretion
of
the
Iustices
,
if
the
prisoner
make
default
to
appeare
.
20.
These
bailes
must
be
returned
by
the
Iustices
of
peace
at
the
next
gaole
delivery
,
or
otherwise
they
are
fyneable
.
The
forme
of
the
warrant
to
enlarge
the
prisoner
that
is
bailed
as
aforesaid
may
be
thus
.
21.
The
forme
of
the
Record
of
a
force
may
be
thus
.
C.
D
de
Killmainham
predict
.
&
nonnulli
alij
pacis
dicti
Domini
Regis
preturbatores
ignoti
in
domum
mansionalem
ipsius
A.B.
in
Killmainham
predict
.
manuforti
ingressi
sunt
,
&
ipsum
A.B.
inde
disseisiverunt
ac
eandem
manuforti
et
armata
potentia
adhuc
tenent
ac
proinde
petijt
à
me
sibi
in
hac
parte
remedum
apponi
,
quaquidem
quaerimonia
et
petitione
audita
ego
prefatus
Iohannes
Stile
ar.
immediatè
ad
dictam
domum
mansionalem
personaliter
accessi
,
ac
in
eadem
domo
adtunc
inveni
prefatum
C.D.
et
quosdam
E.F.
et
G.H.
&c.
domum
illum
vi
et
armis
manuforti
et
armata
potentia
,
viz.
arcubus
et
sagittis
,
gladijs
pugionibus
et
alijs
armis
tam
offensivis
quam
defensivis
contra
formam
statuti
in
Parliamento
Domini
Richardi
nuper
Regis
Angliae
secundi
anno
Regni
sui
xv
.
to
tento
provisi
,
ac
contra
formam
diversorum
aliorum
statutorum
in
hujusmodi
casu
editorum
et
provisorum
,
ac
proptereà
ego
prefatus
Iohannes
Stile
predict
.
C.D.E.F.
et
G.H.
adtunc
et
ibidem
arrestavi
proximoque
gaoli
dicti
Domini
Regis
apud
Killmainham
predict
.
in
dicto
Com.
duci
feci
ut
de
dicta
manuforti
tentione
per
visum
et
Recordum
meum
convictos
,
ibidem
morituros
quosque
fines
dicto
Domini
Regi
pro
trangressionibus
suis
predictis
fecerint
.
datum
apud
Sale
in
Com.
predicto
sub
sigillo
meo
die
&
Anno
supradictis
.
The
forme
of
the
Mittimus
to
the
Gaoler
may
be
thus
.
24.
Upon
this
recording
of
the
force
,
the
Iustice
of
peace
may
not
restore
the
possession
to
the
party
that
was
put
out
,
without
first
making
enquiry
by
a
Iury
,
and
to
that
end
he
must
make
a
precept
to
the
Sheriffe
in
nature
of
a
venire
facias
.
The
forme
of
the
precept
may
be
thus
.
25.
Iohannes
Stile
armiger
unus
Iusticiariorum
Domini
Regis
,
If
upon
the
returne
of
this
precept
a
full
Iury
doe
not
appeare
an
alias
may
be
awarded
and
after
that
a
pluries
infinite
till
they
come
but
so
that
at
the
day
of
the
returne
of
the
second
precept
there
must
be
returned
40
.
s
.
in
Issues
upon
every
Iuror
that
makes
default
,
and
at
the
returne
of
the
pluries
5.l
.
and
at
every
day
after
the
issues
are
to
be
doubled
untill
a
full
Iury
appeare
,
and
after
that
a
full
Iury
hath
appeared
the
Iustice
of
peace
must
sweare
twelve
or
more
of
them
and
give
them
in
charge
to
enquire
of
that
particular
forceible
Entrie
or
detainer
.
The
Enquiry
or
verdict
of
the
Iurors
may
be
thus
.
A.
B.C.D.E
F.
&c.
(
and
so
name
all
the
Iurors
that
are
sworne
)
coram
me
Iohanne
Stile
Ar.
uno
Iusticiariorum
dicti
Domini
Regis
ad
pacem
in
dicto
Comitatu
conservandam
nec
non
ad
diversa
felonias
transgressiones
et
alia
malefacta
in
eodem
Comitatu
perpetrata
audiendum
et
terminandum
assignat
.
Qui
dicunt
super
sacramentum
suum
predictum
quod
C.D.
de
Swords
predict
.
Yeoman
,
diu
legitime
et
pacifice
sesitus
fuit
in
dominico
suo
ut
de
feodo
de
et
in
uno
messuagio
,
&c.
cum
pertinentijs
in
Swords
predict
.
et
possessionem
ac
seisinam
suam
predictam
sic
continuavit
,
quosque
A.B.
de
Swords
predict
.
Or
thus
upon
the
statute
of
8.
H.
6.
Or
thus
upon
the
statute
.
5.
R.
●
.
28.
Inquiratur
.
pro
Domino
Rege
,
T.H.
de
I.
in
Com.
predicto
Yeoman
et
alij
,
&c.
stat.
predict
.
minimè
ponderant
.
2.
die
Martij
Anno
Regni
Domini
Iacobi
,
&c.
vi
et
armis
,
viz.
baculis
,
gladijs
,
falcastris
,
et
bifurcis
,
in
unum
clausum
I.C.
militis
jacent
.
apud
Dale
in
Com.
predicto
in
quodam
loco
ibidem
vocat
H.
super
possessionem
ejusdem
I.C.
militis
ubi
ingressus
eis
,
aut
eorum
alicui
non
datur
per
legem
ingressum
fecerunt
,
et
cent
porticas
sepium
vivar
.
ipsius
I.
militis
,
adtunc
et
ibidem
crescent
radicaverunt
evulserunt
,
et
spoliaverunt
in
dict.
Domini
Regis
nunc
contemptum
et
ad
grave
damnum
ipsius
I.C.
militis
et
contra
formam
statuti
predict
.
&c.
For
a
Lessee
for
yeares
that
is
put
out
the
forme
upon
the
statute
of
10.
Caroli
may
be
thus
.
29.
Inquisitio
pro
Domino
Rege
capt.
apud
B.
in
Com.
predict
.
primo
die
Iulij
Anno
Regni
Domini
nostri
Caroli
Dei
gratia
,
Angliae
,
Franciae
,
et
Hiberniae
,
Regis
fidei
defensoris
decimo
tertio
per
sacramentum
A.B.C.D.E.F.
&c.
coram
Iohanne
Myles
armigero
uno
Iusticiar
.
dicti
Domini
Regis
ad
pacem
in
dicto
Com.
conservandum
nec
non
ad
diversa
felonias
transgressiones
,
et
alia
malefacta
in
eodem
Com.
perpetrata
audiendum
et
terminandum
assignatorum
,
qui
dicunt
super
sacramentum
suum
predictum
quod
A.B.
de
C.
in
Com.
predicto
gener
.
seisitus
fuit
in
dominico
suo
ut
de
feodo
,
de
et
in
uno
messuagio
,
&c.
cum
pertinentijs
,
in
Dale
in
Com.
predicto
,
et
sic
sesit
.
existent
.
primo
die
August
.
Anno
Regni
dicti
Domini
Regis
nunc
decimo
apud
Dale
predict
.
demisit
.
et
ad
firmam
tradidit
predictum
messuagium
cum
pertinentijs
cuidem
C.D.
de
Dale
predict
.
Yeoman
pro
termino
vigint
.
et
unius
annorum
ex
tunc
proximè
sequentium
plenare
complendorum
et
quod
virtute
ejusdem
dimisionis
idem
C.D.
postea
,
sc.
secundo
die
Augustij
Anno
Regni
dicti
Domini
Regis
nunc
decimo
supradicto
,
in
predictum
messuagium
,
&c.
intravit
et
fuit
inde
possessionatus
,
reversione
inde
predicto
A.B.
expectante
,
et
predictus
C.D.
possessionem
suam
predictam
inde
quiete
et
pacifice
continuavit
,
quosque
E.F.
de
Dale
predict
.
Yeoman
,
decimo
die
Augustij
Anno
Regni
dicti
Domini
Regis
nunc
Angliae
,
Scotiae
,
Franciae
,
et
Hiberniae
,
tertio
,
in
predictum
messuagium
,
&c.
cum
pertinentijs
vi
et
armis
intravit
et
ipsum
C.D.
à
possessione
sua
inde
manuforti
et
vi
armata
ejecit
et
expulsit
,
et
ipsum
C.D.
sic
ejectum
et
expulsum
ab
eodem
messuagio
,
&c.
cum
pertinentijs
à
predicto
secundo
die
August
.
anno
supradicto
usque
ad
diem
captionis
hujus
Inquisitionis
cum
hujusmodi
fortitudine
et
potentia
armata
,
extratenuit
et
adhuc
extratenet
.
in
magnam
pacis
dicti
Domini
Regis
perturbationem
ac
contra
formam
statut
.
in
tali
casu
edit
.
et
provis
.
The
forme
of
the
Inquisition
for
Tenant
by
Elegit
that
is
forceibly
put
out
may
bee
thus
.
30.
Inquisitio
pro
Domini
Rege
,
&c.
as
in
the
next
precedent
president
,
Qui
dicunt
super
sacramentum
suum
quod
cum
A.B.
de
C.
in
Comitatu
predicto
Yeoman
coram
Iusticiarijs
Domini
Regis
nunc
de
Banco
in
Termino
sancta
Trinitatis
Anno
Regni
sui
decimo
per
judicium
ejusdem
curia
recuperavit
versus
C.D.
de
Dale
in
Com.
predict
.
Yeoman
quoddam
debitum
et
damna
attingentia
ad
viginti
libras
ster
.
et
predictus
A.B.
in
curia
predicta
pro
satisfactione
ejusdem
summae
facienda
elegit
omnia
bona
et
catalla
predict
.
C.D.
preter
boves
et
afros
de
carruca
,
sua
necnon
medietatem
omnium
terrarum
,
et
tenementorum
ejusdem
C.D.
juxta
formam
statuti
inde
edit
.
et
provis
.
sibi
liberari
cumque
etiam
T.K.
miles
nuper
vicecomes
Com.
predicti
virtute
brevis
dicti
Domini
regis
de
Elegit
ex
parte
dicti
A.B.
eidem
tunc
vicecomiti
Com.
predict
.
direct
.
gerent
.
dat
.
primo
die
Iunij
anno
supradicto
secundum
exigentiam
ejusdem
brevis
deliberabat
predicto
A.B.
unum
messuagium
in
Dale
predict
.
annui
valoris
viginti
solidorum
existent
.
medietatem
omnium
tertarum
et
tenemen
.
de
quibus
predict
.
C.D.
tempore
judicij
predict
.
redit
.
aut
unquam
postea
fuit
sesitus
in
Com.
predicto
Tenendum
sibi
et
assignatis
suis
ut
liberum
tenementum
suum
juxta
formam
statut
.
in
hujusmodi
casu
provis
.
donec
idem
A.B.
predict
.
viginti
libras
juxta
valorem
predict
.
de
messuagio
predicto
levaverit
,
virtute
cujus
predict
.
A.B.
in
messuagium
predict
.
cum
pertinentijs
intravit
et
fuit
inde
possessionatus
,
ut
tenens
per
Elegit
,
et
possessionem
suam
inde
quietè
et
pacificè
continuavit
quousque
R.G.
de
D.
&c.
et
alij
malefactores
ignoti
primo
die
Septembris
ultimo
preterito
vi
&
armis
,
viz.
baculis
,
gladijs
,
arcubus
,
et
sagittis
in
messuagium
predictum
,
&c.
intraverunt
,
et
ipsum
A.B.
manuforti
et
vi
armata
à
possessione
sua
predict
.
inde
ejecerunt
,
et
expulerunt
,
et
eundem
A.B.
sic
expulsum
et
ejectum
ab
eodem
messuagio
,
&c.
a
predicto
primo
die
Septembris
usque
ad
diem
captionis
hujus
Inquisitionis
cum
hujusmodi
fortitudine
et
potentia
armata
,
extratenuerunt
et
adhuc
extratenent
in
magnam
pacit
dicti
Domini
regis
perturbationem
,
ac
contra
formam
statut
.
in
hujusmodi
casu
edit
.
et
provis
.
The
like
president
may
be
made
for
Tenant
by
statute
merchant
or
of
the
staple
,
or
upon
a
Recognisance
mutatis
mutandis
.
The
forme
of
the
Inquisition
of
forceible
Entrie
for
gardian
in
Chivalrie
may
be
thus
.
31.
Inquisitio
,
&c.
ut
supra
,
qui
dicunt
super
sacramentum
suum
predictum
quod
A.B.
nuper
de
C.
in
Com.
Dublin
predict
.
Yeoman
seisitus
fuit
in
dominico
suo
ut
de
feodo
de
et
in
uno
messuagio
,
&c.
in
Dale
in
Com.
predicto
,
et
sic
seisit
.
existent
.
obijt
inde
seisit
.
post
cujus
mortem
predict
.
messuagium
,
&c.
discendebat
E.B.
filio
et
heredi
suo
,
qui
quidem
E.B.
tempore
mortis
patris
sui
predicti
fuit
et
adhuc
est
infra
etatem
viginti
et
unius
annorum
,
et
quod
custodiam
terrae
et
haeredis
predicti
A.B.
pertinet
.
ad
G.H.
Armiger
.
Eo
quod
predictus
A.B.
terram
suam
predict
.
tenuit
.
de
prefat.
G.H.
per
servitium
militare
,
virtute
cujus
idem
G.H.
in
messuagium
predictum
,
&c.
intravit
,
et
fuit
inde
possessionatus
ut
gardianus
per
servitium
militare
et
possessionem
suam
predict
.
inde
diu
pacificè
et
quiete
continuavit
quousque
I.K.
de
Dale
predict
.
Yeoman
decimo
die
die
Augusti
,
&c.
in
mess
.
pred
.
&c.
vi
et
armis
intravit
et
ipsum
G.H.
à
possessione
sua
inde
manuforti
et
vi
armata
expulit
et
ejecit
,
et
ipsum
G.H.
sic
expulsum
et
ejectum
ab
eodem
messuagio
,
&c.
à
predicto
primo
die
Augusti
anno
supradicto
usque
ad
diem
captionis
hujus
Inquisitionis
cum
hujusmodi
fortitudine
,
et
potentia
,
armata
extratenuit
et
adhuc
extratenet
,
in
magnam
pacis
dicti
Domini
Regis
perturbationem
ac
contra
formam
statut
.
in
hujusmodi
casu
edit
.
et
provis
.
The
forme
of
the
Inquisition
for
Tenant
by
Coppy
of
Court
Roll
may
be
thus
.
32.
Inquisitio
capta
,
&c.
vt
supra
,
qui
Iurat
.
super
sacramentum
suum
predict
.
dicunt
.
quod
A.B.
de
C.
in
Com.
predict
.
Yeoman
seisitus
et
possessionatus
fuit
in
dominico
suo
ut
de
feodo
,
ad
voluntatem
Domini
secundum
consuetudinem
manerij
de
Dale
in
Com.
predict
.
de
uno
mess
.
&c.
in
Dale
predict
.
ut
tenens
per
copiam
Rotulorum
curiae
ejusdem
manerij
et
sic
seisitus
et
possessionatus
existen
.
seisinam
et
possessionem
suam
predict
.
diu
pacifice
et
quiete
continuavit
quousque
E.F.
de
Dale
predict
.
in
Com.
pred
.
labourer
primo
die
Augusti
anno
,
&c.
in
mess
.
pred
.
&c.
vi
et
armis
,
&c.
intravit
et
ipsum
A.B.
à
possessione
et
seisina
sua
pred
.
inde
manuforti
et
vi
armat
.
expulit
et
amovit
et
ipsum
sic
expulsum
et
amotum
ab
eodem
mess
.
&c.
à
predicto
primo
die
Augusti
anno
supradict
.
usque
ad
diem
captionis
hujus
Inquisitionis
cum
hujusmodi
fortitudine
et
potentia
armat
.
extratenuit
et
adhuc
extratenent
in
magnam
pacis
dicti
Domini
Regis
perturbationem
ac
contra
formam
statuti
in
hujusmodi
casu
provis
.
The
warrant
to
the
Sheriffe
for
making
of
restitution
of
possession
may
be
thus
.
33.
Iohannes
Cotton
Miles
unus
Iusticiar
.
&c.
assignat
.
vicecom
.
ejusdem
Com.
salutem
.
Cum
per
quandam
Inquisitionem
patriae
coram
me
apud
B.
in
Com.
predicto
19.
die
Iulij
,
&c.
super
sacramentum
A.B.G.D.E.F.
&c.
ac
per
formam
statut
.
de
ingressibus
manuforti
factis
in
tali
casu
provis
.
compertum
fuit
,
quod
C.D.
&c.
et
alij
,
&c.
primo
die
Septembris
,
&c.
in
quodam
messuagio
,
&c.
A.B.
&c.
in
W.
predict
.
vi
et
armis
ingressi
sunt
ac
ipsum
A.B.
inde
tunc
manuforti
disseisiverunt
,
et
expulerunt
,
et
predictus
A.B.
sic
expul
.
à
pred
.
messuag
.
&c.
à
predict
.
primo
die
Septemb.
&c.
usque
ad
diem
captionis
Inquisitionis
pred
.
manuforti
,
et
cum
potentia
,
armat
.
extra
tenuerunt
,
prout
per
Inquisitionem
pred
.
plenius
liquet
de
Recordo
,
Ideo
ex
parte
dicti
Domini
Regis
tibi
mando
et
precipio
quod
(
ad
hoc
debite
requisitus
)
una
cum
posse
comitatus
tui
(
si
necesse
fuerit
)
accedas
ad
mess
.
et
cetera
premissa
,
ac
eadem
cum
pertinentijs
reseisire
facias
,
et
prefat.
A.B.
de
et
in
plenam
possessionem
suam
inde
,
prout
ipse
ante
ingress
.
pred
.
fuerat
seisitus
restitui
et
mitti
,
facias
,
juxta
formam
dict.
statut
.
Et
hoc
nullatenus
omittas
periculo
incumbente
,
Teste
me
prefat.
Io.
Cotton
,
&c.
34.
The
like
warrant
may
be
made
for
Lessee
for
yeares
,
Tenant
per
Elegit
,
statute
merchant
or
the
statute
gardian
in
Chivalry
and
Coppiholder
mutatis
mutandis
.
35.
A
Certificate
of
the
presentment
,
or
verdict
of
the
Iury
may
be
made
into
the
Kings
Bench
whereof
vide
antea
tit
.
forceible
Entry
.
36.
The
like
certificate
may
be
made
into
the
Kings
Bench
of
the
Record
of
a
force
viewed
by
the
Iustice
,
whereof
vide
antea
title
forceible
Entrie
.
37.
These
two
former
certificates
(
and
the
like
)
may
be
done
and
made
by
the
Iustice
of
peace
by
way
of
a
letter
inclosing
therein
the
said
presenment
of
the
Iury
,
or
the
said
Record
of
the
Iustice
,
except
the
same
be
removed
thither
by
a
Certiorari
,
and
then
may
the
Iustice
returne
them
in
such
manner
as
appeareth
hereafter
title
Certiorari
with
some
litle
alteration
.
38.
Or
the
Iustice
of
peace
may
himselfe
deliver
into
the
Kings
Bench
such
presentment
found
before
him
or
such
Record
made
by
him
,
and
that
without
Certiorari
,
for
that
he
is
a
Iudge
of
Record
.
The
forme
of
proceeding
upon
the
statute
of
North-hampton
made
in
Anno
secundo
Ed.
3.
ca.
3.
the
effect
of
which
statute
is
as
followeth
,
viz.
39.
No
man
whatsoever
(
except
the
Kings
servant
and
Ministers
in
his
presence
,
or
in
executing
his
precepts
or
their
offices
,
and
such
as
shall
assist
them
,
and
except
it
be
upon
Cry
or
Proclamation
made
for
Armes
,
to
keepe
the
peace
,
and
that
in
places
where
such
Acts
doe
happen
)
be
so
hardy
to
come
before
the
Kings
Iustices
,
or
other
his
Ministers
doing
their
offices
with
force
and
Armes
,
nor
bring
any
force
in
Affray
of
the
countrey
,
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
any
place
elsewhere
,
upon
paine
to
forfeit
his
armour
to
the
King
,
and
his
bodie
to
imprison
at
the
Kings
pleasure
.
2.
Ed.
3.
cap.
3.
40.
Upon
this
statute
,
he
that
is
put
out
,
or
holden
out
of
his
land
with
force
,
useth
to
have
at
this
day
a
writ
directed
out
of
the
Chancerie
,
either
to
the
Sheriffe
only
(
as
Master
Fitzh
.
in
his
Na.
Br.
fol.
149.
rehearseth
it
,
for
I
finde
it
not
in
the
Register
of
writs
)
or
else
custodibus
pacis
ac
vicecomiti
&
eorum
cuilibet
(
as
the
common
manner
is
)
commanding
that
Proclamation
be
made
upon
the
statute
,
and
that
if
any
be
afterwards
found
offending
against
the
same
,
they
shall
be
committed
to
prison
,
there
to
remaine
untill
some
other
commandement
be
given
concerning
them
)
and
that
their
armour
and
weapon
shall
be
prised
,
and
the
same
answered
to
the
use
of
the
Kings
Majestie
.
41.
But
forasmuch
as
that
Iustice
of
peace
,
(
to
whom
this
writ
shall
be
delivered
)
is
to
make
execution
of
the
same
,
as
a
minister
only
,
and
is
to
certifie
his
doing
therein
,
I
thinke
good
to
lend
these
few
helpes
towards
it
.
42.
At
his
comming
to
the
place
,
where
the
force
is
supposed
by
this
writ
,
he
may
cause
three
O
yes
for
silence
to
be
made
with
this
or
such
another
Proclamation
.
43.
The
Kings
Majesties
Iustice
of
his
peace
straightly
chargeth
,
and
in
his
Maj●sties
name
commandeth
all
and
every
person
to
keepe
silence
,
whilest
his
Majesties
writ
upon
the
statute
made
at
North-hampton
,
in
the
second
yeare
of
King
Edward
the
third
his
noble
Progenitor
(
delivered
to
the
said
Iustice
)
be
read
and
Proclamation
be
made
thereupon
accordingly
.
44.
Then
may
he
read
the
writ
,
or
declare
the
effect
thereof
in
English
.
45.
After
that
let
three
other
O
yes
be
made
,
and
thereupon
may
this
Proclamation
follow
.
46.
His
Majesties
said
Iustice
doth
in
his
Highnesse
name
,
and
by
vertue
of
his
said
writ
straightly
charge
and
command
that
no
manner
of
person
,
of
what
estate
,
degree
,
or
condition
soever
,
now
being
within
the
house
of
B.
&c.
named
in
the
said
writ
,
shall
go
armed
,
nor
keepe
force
of
armour
or
weapon
,
nor
doe
any
thing
there
or
elsewhere
in
disturbance
of
his
Majesties
peace
,
or
in
offence
of
the
said
statute
upon
the
paines
of
loosing
his
said
armour
and
weapon
and
of
imprisoning
his
body
at
his
Majesties
pleasure
.
God
save
the
King
.
47.
This
done
the
Iustice
may
enter
,
and
search
whether
there
be
any
force
of
armour
,
or
weapon
worne
or
borne
against
this
Proclamation
,
or
otherwise
he
may
enquire
thereof
by
a
Iury
,
for
so
the
writ
it selfe
doth
warrant
him
to
doe
,
and
if
any
such
be
found
hee
ought
to
imprison
the
offendors
,
and
to
seise
and
apprise
the
Armour
and
weapon
so
found
with
them
,
but
if
(
upon
the
Proclamation
made
)
they
doe
depart
in
peaceable
manner
,
then
hath
hee
no
warrant
by
the
writ
to
commit
them
to
prison
.
48.
But
now
let
me
shew
him
a
forme
of
Certificate
(
or
returne
)
of
this
writ
into
the
Chancery
,
and
then
make
an
end
.
49.
Upon
the
back
of
the
writ
these
words
may
be
endorced
,
viz.
50.
Executio
istius
brevis
patet
in
quadam
scedula
eidem
brevi
consuta
.
The
scedule
may
be
thus
.
51.
Ego
Iohannes
Twysden
armiger
.
unus
custodum
pacis
Domini
Regis
in
Com.
Dublin
certifico
,
in
Cancellariam
dicti
Domini
Regis
,
quod
virtute
istius
brevis
mihi
primo
deliberati
,
decimo
die
Aprilis
,
Anno
,
&c.
publicè
proclamari
ex
parte
dicti
Domini
Regis
feci
,
apud
B.
Cujus
in
dicto
brevi
fit
mentio
prout
in
dicto
brevi
precipitur
,
&
quod
quidem
A.
&
D.E.
de
F.
in
Com.
praedict
.
Labourers
.
predictam
Proclamationem
parvi
pendentes
post
Proclamationem
predictam
ibidem
sic
factam
armati
iverunt
,
as
armatam
potentiam
ibidem
duxerunt
,
scilicet
.
duas
galeas
,
unum
arcum
et
decem
sagittas
,
duos
gladios
et
totidem
pugiones
in
perturbationem
pacis
dicti
Domini
Regis
,
ac
terrorem
populi
sui
necnon
in
contemp
.
statut
.
in
dicto
brevi
specificati
manifestum
.
Ac
proinde
dict.
A.C.
et
D.E.
unacum
armaturis
suis
predict
.
arrestavi
ac
seisivi
et
eorum
corpora
ad
proximam
prisonam
dicti
Domini
Regis
in
Com.
pred
.
duci
feci
,
ibidem
moratus
,
donec
aliud
à
dicto
Domino
Rege
pro
ipsorum
deliberatione
habuero
in
mandatis
,
armaturas
etiam
eorum
predictorum
appretiari
feci
per
A.B.C.D.
et
E.F.
de
B.
predict
.
Yeomen
ad
hoc
juratos
.
Qui
dicunt
super
sacramentum
suum
pred
.
quod
predictae
duae
galea
valent
decem
solid
.
et
quod
dict
arcus
et
decem
sagitti
valent
sex
sol
.
et
quod
gladij
predicti
valent
viginti
sol
.
et
quod
dicti
pugiones
valent
quinque
solid
.
et
sic
quod
armatura
pred
.
valet
.
in
toto
quadraginta
et
unum
solid
.
de
quibus
paratus
sum
respondere
secundum
tenorem
dicti
brevis
,
In
cujus
rei
testimonium
huic
presenti
certificationi
mea
sigillum
meum
apposui
dat
.
apud
B.
pred
die
et
anno
supradictis
.
52.
By
this
you
have
seene
,
what
one
Iustice
of
the
peace
ought
to
doe
in
the
execution
of
this
statute
as
a
Minister
,
and
by
the
same
you
may
also
see
,
what
he
may
doe
therein
of
himselfe
ex
officio
as
a
Iudge
,
and
without
any
writ
brought
unto
him
.
53.
For
not
onely
by
the
plaine
words
of
the
statute
of
Northhampton
,
the
wardens
of
the
peace
have
power
(
within
their
wards
)
and
are
commanded
to
execute
this
Act
upon
a
paine
,
but
also
by
good
implication
in
the
Commission
it selfe
,
every
Warden
of
the
peace
hath
the
statute
of
Northhampton
committed
to
his
charge
,
so
that
both
in
the
matter
and
manner
,
the
doing
is
all
one
saving
that
,
if
he
doe
it
as
a
Iudge
,
he
needeth
not
to
make
any
Proclamation
(
the
statute
being
a
prohibition
in
it selfe
)
nor
yet
to
send
any
certificate
into
the
Chancery
but
onely
to
make
his
owne
Record
of
that
which
he
shall
doe
in
this
behalfe
,
and
thereout
to
send
an
estreate
into
the
Exchequer
,
that
the
King
may
be
answered
of
the
armour
,
or
of
the
value
thereof
.
54.
And
here
(
perhaps
)
the
redemption
of
the
imprisonment
may
be
at
the
discretion
of
the
same
Iustice
,
even
as
in●●●
statutes
of
15.
R.
2.
and
8.
H.
6.
it
seemeth
to
be
,
but
therein
my
adv●
shall
be
the
same
that
I
gave
them
before
;
Adjoyning
this
that
in
〈◊〉
execution
of
this
statute
of
Northhampton
,
the
Iustice
of
the
peace
hath
to
doe
with
the
removing
of
the
force
only
,
and
may
not
medle
with
any
restitution
of
the
possession
.
Riots
.
The
forme
of
the
Record
of
a
Riot
,
viewed
by
the
Iustices
and
Sheriffe
or
Undersheriffe
may
be
thus
.
55.
Memorandum
quod
vicessimo
die
Ianuarij
anno
Regni
Domini
nostri
Iacobi
Dei
gratia
,
&c.
Nos
Iohannes
Cuts
miles
&
Iohannes
Cage
Miles
duo
Iusticiar
.
dicti
Domini
regis
ad
pacem
in
Com.
predict
.
&c.
assign
.
&
Gulielmus
Wyndie
Miles
adtunc
vicecomes
ejusdem
Com.
ad
gravem
quarimoniam
&
humilem
petitionem
A.
B.
de
C.
in
dicto
Com.
Yeoman
,
in
proprijs
personis
nostris
accessimus
ad
domum
mansionalem
ipsius
A.B.
in
C.
predict
.
ac
adtunc
&
ibidem
invenimus
D.
E.
F.
G.
&
H.I.
de
C.
predict
.
Labourers
ac
alios
malefactores
,
ac
pacis
dicti
Domini
Regis
perturbatores
ignotos
ad
numerum
decem
personarum
modo
guerrino
armatos
,
viz.
gladiis
,
pugionibus
,
galeis
,
arcubus
&
sagittis
,
illicitè
&
riotosè
agrogatos
&
eandem
domum
obsidentes
,
multa
mala
in
ipsum
A.B.
comminantes
,
in
magnam
pacis
dicti
Domini
regis
perturbationem
ac
populi
sui
terrorem
ac
contra
formam
statut
.
in
hujusmodi
casu
edit
.
et
provis
.
ac
propterea
nos
prefat.
Iohan.
Cuts
,
Iohan.
Cage
,
et
Willielmum
Wendye
predict
.
D.E.F.
G.H.I.
&c.
tunc
et
ibidem
arrestari
ac
proximum
gaolae
dicti
Domini
Regis
in
Com.
pred
.
duci
fecimus
per
visum
et
recordum
nostrum
de
illicita
congregatione
et
riot
.
pred
.
convictos
,
ibidem
moraturos
quousque
finem
dicto
Domino
Regi
proinde
fecerint
,
In
cujus
rei
testimonium
huic
presenti
Recordo
nostro
sigilla
nostra
apposuimus
,
dat
.
apud
C.
pred
.
die
et
anno
,
&c.
57.
The
Mittimus
,
The
precept
(
to
the
Sheriffe
)
to
returne
a
Iury
for
an
Inquiry
upon
a
Riot
.
Iohannes
Cuts
miles
,
et
Iohannes
Cage
miles
duo
Iusticiar
.
&c.
assign
.
viceco●
.
ejusdem
com
.
salutem
,
Ex
parte
dicti
Domini
regis
tibi
precipimus
,
quo●●enire
facias
coram
nobis
apud
I.
in
com
.
pred
.
xvj
.
die
Ianuarij
prox
.
futuro
〈◊〉
.
probos
sufficientes
et
legales
homines
,
de
Com.
pred
.
quorum
quilibet
ha●●●t
terras
et
tenementa
,
infra
dict.
Com.
liberi
tenementi
per
chartam
ad
ann.
valorem
vigint
.
solid
.
aut
per
copiam
rotulorum
curiae
ad
ann.
valorem
viginti
sex
solidorum
et
acto
denar
.
aut
per
utrunque
,
ultra
omnes
reprisas
,
ad
inquirendum
pro
dicto
Domino
rege
,
ac
pro
indemnitate
nostra
,
in
hac
parte
super
sacram
.
suum
de
quibusdam
illicitis
aggregationibus
&
riotis
apud
C.
in
Com.
predict
.
nuper
commissus
ut
dicitur
,
Et
hoc
nullatenus
omittas
sub
poena
vigint
.
librarum
,
quam
incursurus
es
,
si
in
executione
premissor
.
defeceris
,
&
habeas
ibi
tunc
nomina
Iuratorum
predict
.
Et
hoc
preceptum
dat
.
sub
sigillis
nostris
primo
die
Ianuarij
Anno
Regni
Dom.
nostri
Caroli
13.
&c.
The
forme
of
the
Enquirie
,
Endictment
,
or
Presentment
of
the
Iury
may
be
thus
.
Inquisitio
pro
Domino
Rege
,
&c.
(
as
before
in
forceible
Entries
,
)
coram
Iohanne
Cutts
Milite
&
Iohanne
Cage
Milite
duo
Iusticiar
.
&c.
qui
ad
hoc
Iurati
&
onerati
dicunt
super
sacramentum
suum
predict
.
quod
D.E.F.G.
&
H.I.
simul
cum
alijs
malefactoribus
&
pacis
dicti
.
domini
regis
perturbatoribus
ignotis
ad
numerum
septem
personarum
,
modo
guerrino
arraiat
,
vi
&
armis
,
viz.
hawberdis
,
gladiis
,
arcubus
,
&
sagittis
primo
die
mensis
Ianuarij
ultimam
preterit
.
apud
C.
in
Com.
predict
.
inter
horas
octava
.
et
nonam
post
meridiem
ejusdem
diei
,
domum
mansionalem
A.B.
de
C.
pred
.
Yeoman
,
scituat
.
in
C.
pred
.
riotose
fregerunt
et
intraverunt
,
et
in
ipsum
A.B.
tunc
et
ibidem
in
sultum
fecerunt
,
ac
ipsum
tunc
et
ibidem
verberaverunt
,
vulneraverunt
et
male
tractaverunt
ita
quod
de
vita
ejus
desperabatur
,
in
magnam
pacis
dicti
Domini
Regis
perturbationem
et
populi
terrorem
,
ac
contra
formam
statut
.
de
Riotis
,
Routis
,
et
congregationibus
gentium
illicitis
in
hujus
.
casu
edit
.
et
provis
.
60.
As
for
the
certificate
A
Traverse
to
an
endictment
of
a
Riot
,
and
the
record
thereupon
.
61.
Alias
,
A.
M.
qui
pro
Dom.
rege
in
hac
parte
sequitur
similiter
,
&c.
Ideò
veniat
inde
Iurata
,
cora
.
Iusticiarijs
dicti
Domini
Regis
ad
pacem
in
Com.
predicto
assignat
.
&c.
ad
sessionem
pacis
apud
Killmainham
in
Com.
predict
.
die
Martis
proxim
.
post
Epiphaniam
Domini
tunc
proxim
.
futur
.
tenend
.
Et
qui
,
&c.
ad
recognoscend
.
&c.
quia
tam
,
&c.
idem
dies
datus
est
tam
presato
A.M.
qui
sequitur
.
&c.
quam
prefatis
I.L.R.M.
et
T.L.
&c.
ad
quam
quidem
sessionem
tent
.
apud
Killmainham
predict
.
in
Com.
pred
.
die
,
&c.
coram
T.P.G.N.
et
H.P.
Mil.
et
sotijs
Iusticiar
.
dicti
Domini
Regis
,
ad
pacem
in
Com.
predicto
conservand
.
necnon
ad
diversa
felonias
,
transgressiones
et
alia
malefacta
,
in
eodem
Com.
perpetrata
,
audiendum
et
terminandum
,
assignatis
venerunt
,
tam
prefatis
A.M.
qui
sequitur
,
&c.
quam
prefati
I.L.R.M.
et
T.L.
in
proprijs
personis
suis
,
Et
Iuratores
predict
.
per
vicecomitem
Com.
predict
.
ad
hoc
impanellati
et
exacti
,
viz.
I.F.I.G.
&c.
similiter
vener
.
Qui
ad
veritatem
de
premissis
dicendam
triati
et
Iurati
dicunt
super
sacramentum
suum
quod
predict
.
I.L.
R.M.
et
T.L.
culpabiles
sunt
,
et
eorum
quilibet
culpabilis
est
,
de
trangressione
contemptu
,
et
riot
.
pred
.
in
indictamento
predicto
superius
specificat
.
modo
et
forma
prout
superius
versus
eos
supponitur
,
ideo
concessum
est
per
curiam
quod
pred
.
I.L.
R.M.
et
T.L.
capiantur
ad
satisfaciendum
dicto
Domino
Regi
de
finibus
suis
occasione
transgressionis
contemptus
et
riotti
predict
.
qui
quidem
I.L.
R.M.
et
T.L.
adtunc
et
ibidem
presentes
in
Curia
petierunt
se
ad
separales
fines
suas
cum
dicto
Dom.
Rege
occasione
pred
.
admitti
,
et
inde
ponunt
se
seperatim
in
misericordia
Dom.
Regis
,
et
assessatur
fines
ejusdem
I.L.
per
Iusticiar
.
pred
.
ad
tres
libras
sex
solid
.
et
octo
denar
.
et
finis
ejusdem
R
M.
assessatur
ad
vigint
.
solid
.
et
assessatur
finis
ejusdem
T.L.
ad
quinque
libr.
bonae
et
legalis
moneta
,
ad
opus
et
usum
dicti
Domini
Regis
.
Rules
and
observations
concerning
aswell
Indictments
of
forceible
Entries
and
Riots
as
other
Inditements
and
presentments
.
For
the
forme
of
indictments
,
in
cases
of
forceible
Entrie
and
Riots
I
have
here
before
set
you
downe
presidents
:
Neverthelesse
for
that
these
indictments
be
the
chiefe
foundation
whereupon
the
whole
businesse
and
triall
is
after
to
be
grounded
and
built
,
I
thought
it
not
amisse
to
observe
here
these
few
generall
rules
,
aswell
concerning
the
matter
as
the
forme
of
these
,
and
all
other
indictments
or
presentments
to
be
taken
before
Iustices
of
the
peace
.
1.
First
in
these
indictments
of
forceible
Entry
,
and
Riots
,
(
as
also
in
all
other
endictments
of
felony
or
trespasse
)
it
is
good
to
say
contra
pacem
,
or
other
words
to
that
effect
.
2.
Also
these
words
,
vi
et
armis
,
viz.
gladijs
,
&c.
are
of
necessity
to
be
used
in
Ireland
,
especially
if
the
circumstances
of
the
fact
doe
require
them
,
for
these
circumstances
doe
either
aggravate
or
diminish
the
offence
,
Stamf.
fo.
94.
because
the
statute
of
37.
H.
8.
ca.
8.
vi
et
armis
,
&c.
are
needlesse
in
an
Indictment
of
forceible
Entry
,
because
they
are
implyed
in
the
word
force
.
3.
Also
in
indictments
founded
upon
statutes
,
it
is
not
needfull
,
4.
Yet
the
offence
against
the
statute
must
be
certainely
described
in
the
indictment
,
and
the
materiall
words
in
such
statute
must
be
fully
set
downe
therein
.
Plow.
97.
5.
Also
all
indictments
and
presentments
being
in
the
nature
of
declarations
for
the
King
against
the
offendors
,
ought
to
containe
certainety
,
and
therefore
six
principall
things
be
most
commonly
requisite
in
all
presentments
before
the
Iustices
of
peace
,
viz.
1.
The
names
and
surnames
aswell
of
the
parties
indicted
,
as
of
the
parties
offended
,
with
the
addition
of
the
degree
or
mystery
and
dwelling
place
of
the
party
endicted
.
Yet
in
some
cases
,
an
endictment
,
quod
procuravit
personas
ignotas
,
or
quod
bona
cujusdam
ignoti
cepit
,
&c.
or
the
like
,
may
be
good
,
See
Br.
Indictments
6.
10.
11.
2.
The
time
,
scil.
the
day
and
yeare
when
the
offence
was
done
.
3.
The
place
,
scil.
the
Towne
and
County
where
it
was
done
,
4.
The
name
er
quality
of
the
thing
in
which
the
offence
is
committed
,
viz.
of
dead
things
,
it
may
be
bona
,
et
catalla
,
expressing
them
certainely
,
of
live
things
equum
,
bovem
,
ovem
,
&c.
but
not
bona
,
et
catalla
,
so
of
entry
,
&c.
into
lands
,
&c.
to
expresse
certainely
whether
it
bee
a
house
,
land
,
medow
,
pasture
,
wood
,
&c.
5.
Also
the
value
or
price
of
the
thing
,
is
commonly
to
be
set
downe
,
to
aggravate
the
fault
.
6.
The
manner
of
the
fact
,
Also
indictments
ought
to
be
framed
so
neere
the
truth
as
may
be
,
and
the
rather
for
that
they
are
to
be
found
by
the
Iury
upon
their
oathes
.
7.
Yea
an
endictment
being
veredictum
,
id
est
,
Processe
.
1.
The
forme
of
Processe
upon
indictments
of
Trespasse
,
which
also
the
Iustices
of
peace
out
of
sessions
may
in
some
few
cases
make
out
against
offendors
as
it
seemeth
.
2.
As
the
authority
of
making
processe
upon
endictments
,
is
given
by
expresse
words
in
the
Commission
to
the
Iustices
of
peace
in
their
Sessions
,
so
is
it
given
by
expresse
words
in
some
statutes
to
the
Iustices
of
peace
(
yea
to
one
Iustice
of
peace
)
out
of
their
sessions
to
make
processe
upon
endictments
found
,
(
before
them
)
against
offendors
,
or
upon
information
against
them
,
as
if
they
were
endicted
of
Trespasse
in
Sessions
,
as
in
cases
of
forceible
Entrie
,
&c.
3.
Also
in
some
other
cases
,
and
by
some
other
statutes
this
authority
of
making
out
processe
(
against
offendors
)
by
the
Iustice
of
peace
out
of
their
Sessions
seemeth
to
be
implyed
of
congruence
,
or
rather
of
necessity
,
as
where
any
statute
doth
give
power
and
authority
to
the
Iustices
,
or
Iustice
,
of
peace
out
of
their
Sessions
,
to
enquire
,
heare
,
and
determine
,
(
as
hic
tit
.
Riots
)
tit
.
Tyle
,
and
tit
.
Weights
,
in
these
and
in
all
other
such
cases
where
the
Iustice
may
enquire
,
heare
,
and
determine
there
,
after
indictment
or
presentment
of
the
offence
,
the
said
Iustice
may
make
out
processe
against
such
offendors
,
to
cause
the
offendors
to
come
and
answere
,
for
unlesse
the
offendors
doe
come
in
,
either
gratis
or
by
processe
,
the
Iustices
cannot
proceed
to
heare
,
and
determine
,
againe
in
the
former
cases
of
Tyle
and
Weights
,
as
also
in
all
other
cases
where
any
statute
doth
give
power
to
the
Iustices
of
peace
,
out
of
their
Sessions
,
to
heare
and
determine
,
either
upon
the
confession
of
the
offendors
,
or
upon
examination
of
witnesses
,
in
all
such
cases
it
seemeth
,
the
Iustices
of
peace
may
grant
out
their
warrant
against
such
offendors
to
appeare
before
them
,
to
answere
to
their
said
offences
,
and
thereupon
may
proceed
to
examine
,
heare
,
and
determine
the
offence
,
as
being
convict
thereof
,
upon
such
confession
,
or
examination
without
any
indictment
or
processe
.
Now
these
processe
may
be
as
followeth
.
First
if
the
offendor
be
absent
,
a
venire
facias
1.
H.
7.
20.
Br.
Imprisonment
100.
Also
these
processe
shall
be
alwayes
directed
to
the
Sheriffe
who
is
the
immediate
minister
and
officer
of
the
King
,
to
execute
all
processe
,
except
the
Sheriffe
himselfe
,
or
his
officers
be
parties
,
but
if
the
Iustice
of
peace
be
to
grant
out
processe
against
the
Sheriffe
,
under-sheriffe
,
or
other
officers
,
offending
contrary
to
the
statute
8.
H.
6.
ca.
9.
It
seemeth
such
processe
shall
be
directed
to
the
Coroners
of
the
County
and
shall
be
served
by
them
,
and
so
are
diverse
bookes
,
as
2.
H.
6.
fo.
12.
8.
H.
6.
fo.
30.
9.
H.
6.
11.
and
18.
Ed.
4.
fo.
7.
and
others
,
and
so
also
the
oath
of
the
Iustice
of
peace
seemeth
to
bind
them
.
Note
also
that
this
Processe
ought
alwaies
to
be
made
in
the
name
of
the
King
,
and
for
that
the
King
is
a
party
,
If
the
offendour
be
within
any
liberty
or
Franchise
,
yet
the
Sheriffe
is
to
enter
the
Franchise
,
and
to
execute
the
Processe
himselfe
,
and
not
to
write
to
the
Bailiffe
of
the
Franchise
,
because
the
King
is
a
party
,
see
41.
Assise
p.
17.
Br.
Franch
.
18.
31.
The
formes
of
these
Processe
to
be
made
by
the
Iustice
of
Peace
out
of
the
Sessions
seeme
to
be
as
followeth
.
The
Venire
facias
thus
.
Iacobus
Dei
gratia
Angliae
,
Scotiae
,
Franciae
&
Hiberniae
Rex
Fidei
Defensor
.
&c.
vicecom
.
Com.
Dublin
salut
.
precipimus
tibi
,
quod
non
omittas
propter
aliquam
libertatem
in
balliva
tua
,
quin
venire
facias
A.B.
de
C.
in
dicto
Com.
tuo
Yeoman
coram
R.
M.
Milite
&
M.
D.
armigero
duobus
Iusticiar
.
nostr
.
ad
pacem
conservand
.
nec
non
ad
diversa
felonias
,
transgressiones
,
&
alia
malefacta
in
dicto
Com.
perpetrat
.
audiend
.
&
terminand
.
assignat
.
apud
Killmainham
in
Com.
tuo
_____
die
Maij
proxim
.
futurum
ad
respondend
.
nobis
super
quibusdam
articulis
super
ipsum
A.B.
presentat
.
&
habeas
ibi
tunc
hoc
praeceptum
.
Teste
R.M.
apud
Killmainham
die
,
&c.
The
Distringas
thus
.
Iacobus
Dei
gratia
Angliae
,
Scotiae
,
Franciae
&
Hiberniae
Rex
fidei
Defensor
.
&c.
vicecom
.
Civitatis
Dublin
salut
.
praecipimus
tibi
quod
non
omittas
propter
aliquam
libertatem
in
balliva
tua
,
quin
eam
ingrediaris
&
distringas
A.B.
de
C.
in
Com.
tuo
Yeoman
per
omnia
terras
&
tenementa
&c.
et
quod
de
exitibus
eorum
respondeas
,
&c.
et
quod
habeas
corpus
ejus
coram
,
&c.
Iustic
.
&c.
ad
respondend
.
&c.
Teste
.
&c.
The
writ
of
Capias
thus
.
Iacobus
Dei
gratia
Angliae
,
&c.
vicecom
.
Com.
Dublin
salutem
,
praecipimus
quod
non
omittas
propter
aliquam
libertatem
in
balliva
tua
,
quin
cam
ingrediaris
&
capias
I.
D.
de
A.
in
Com.
tuo
Yeoman
,
&c.
si
inventus
fuerit
in
balliva
tua
,
&
eum
solvo
custod
.
facias
.
Ita
quod
habeas
corpus
ejus
coram
R.M.
Milite
&
M.
D.
Armigero
duobus
Iusticiar
.
nostr
.
ad
pacem
conservandam
,
necnon
ad
diversa
felonias
,
transgressiones
,
&
alia
malefacta
in
eodem
Com.
tuo
perpetrata
,
audiend
.
et
terminand
.
assign
.
apud
L.
in
Com.
tuo
die
Martis
proxim
.
futur
.
ad
respondend
.
nobis
de
diversis
transgressionibus
contempt
.
&
offens
.
de
quibus
ipse
indictatus
existit
&
habeas
ibi
tunc
hoc
breve
,
Teste
R.M.
apud
Lynton
sexto
die
Ian.
&c.
Anno
regni
nostri
,
&c.
Ad
quem
diem
Willielmus
Wendy
Miles
vicecom
.
predict
.
retorn
,
quod
ipse
non
est
inventus
in
balliva
sua
,
et
ipse
non
venit
ideo
praeceptum
est
sicut
alias
,
&c.
The
Capias
alias
.
Iacobus
,
&c.
vic
.
&c.
praecipimus
tibi
sicut
alias
tibi
praecipimus
quod
non
omittas
,
&c.
verbatim
ut
supra
.
Ad
quem
diem
,
&c.
ut
supra
,
&
ipse
non
venit
ideò
preceptam
est
vicecom
.
sicut
pluries
,
&c.
The
party
may
appeare
gratis
,
and
so
avoide
the
Attachment
,
or
arresting
of
his
body
,
and
that
is
the
cause
that
the
Entry
is
made
,
&
ipse
non
venit
.
The
Pluries
capias
.
Iacobus
,
&c.
vicecom
.
&c.
salut
.
precipimus
tibi
sicut
pluries
preciperimus
,
quod
non
omittas
,
&c.
ut
supra
.
Ad
quem
diem
Willielmus
Wendy
Mil.
vicecom
.
predict
.
retur
.
quod
predict
.
C.D.
non
est
inventus
,
&c.
&
ipse
non
venit
,
Ideò
preceptum
est
quod
exigi
facias
,
&c.
The
Exigent
.
Iacobus
,
&c.
vicecom
.
&c.
salut
.
praecipimus
tibi
quod
exigi
fac
.
C.D.
de
A.
in
Com.
tuo
Yeoman
,
quousque
secundum
legem
&
consuetudinem
regni
nostri
Angliae
,
utlagatur
si
non
comparuit
,
&
si
compar
.
tunc
cum
capias
&
salvo
custodiri
fac
.
Ita
quod
habeas
corpus
ejus
coram
R.M.
Mil.
et
M.D.
ar.
duobus
Iusticiar
.
ad
pacem
nostram
conservand
.
nec
non
ad
diversa
felonias
,
transgress
.
et
alia
malefacta
in
Com.
tuo
perpetrat
.
audiend
.
et
terminand
.
assig
.
apud
L.
in
Com.
tuo
_____
die
Septembris
prox
.
futur
.
ad
respondendum
nobis
de
diversis
transgr
.
contempt
.
et
offensis
de
quibus
ipse
indictatus
existit
,
et
habeas
ibi
tunc
hoc
breve
,
Teste
R.
M.
apud
L.
octavo
die
Septembris
,
Anno
Regni
nostri
,
&c.
Ad
quem
diem
Willielmus
Wendey
miles
vicecom
.
predict
.
retorn
.
quod
ad
Com.
tentum
apud
Killmainham
die
_____
Anno
regni
Domini
regis
nunc
,
&c.
et
sic
ad
quatuor
alios
Com.
tunc
prox
.
sequent
.
ibid.
tent
.
predict
.
C.
D.
exactus
fuit
,
et
non
comparuit
.
Ideò
utlagatus
fuit
.
These
Processe
are
sent
forth
to
the
end
that
either
the
party
shall
come
,
or
be
brought
in
to
make
his
answere
,
Also
all
such
Processe
(
aswell
of
capias
,
&c.
as
of
Outlawry
)
may
be
stayed
by
a
supersedeas
,
Note
that
this
authority
of
the
Iustice
of
Peace
in
sending
out
these
Processe
,
being
out
of
their
sessions
is
beyond
the
bounds
of
their
Commission
,
and
againe
by
the
Commission
Traverse
.
After
that
such
Processe
,
ad
respondend
.
be
awarded
against
the
party
,
it
seemeth
he
may
come
and
yeeld
himselfe
to
pay
his
fyne
,
or
else
he
may
offer
his
Traverse
to
the
indictment
found
against
him
before
the
Iustice
of
Peace
,
and
the
Iustice
ought
to
allow
him
his
Traverse
against
it
,
which
traverse
is
to
take
issue
upon
the
chiefe
matter
of
the
indictment
,
or
to
deny
the
point
of
the
indictment
.
But
although
the
Iustices
of
Peace
have
power
in
some
cases
as
aforesaid
(
out
of
their
generall
Sessions
)
to
take
indictments
,
and
after
such
indictment
found
to
award
processe
ad
respon
.
against
offendors
,
and
to
heare
,
and
determine
thereof
,
and
the
offendors
also
have
liberty
to
come
in
and
to
speake
,
and
answere
for
themselves
,
and
may
offer
their
Traverse
,
and
that
the
Iustices
of
peace
are
to
allow
of
and
to
receive
the
same
,
yet
quaere
whether
the
Iustices
of
peace
out
of
their
generall
Sessions
may
try
such
traverse
being
tendred
to
them
,
without
which
tryall
all
the
rest
may
seeme
idle
,
or
that
upon
the
traverse
tendred
they
must
certifie
or
send
the
Inquisition
or
indictment
so
found
before
them
into
the
Kings
Bench
,
or
unto
their
quarter
or
generall
Sessions
of
the
peace
,
there
to
be
tryed
and
determined
,
howsoever
it
is
safest
(
after
such
traverse
tendred
)
to
certifie
or
deliver
such
Inquisition
or
indictment
into
the
Kings
Bench
or
to
their
next
quarter
Sessions
,
and
so
to
referre
the
tryall
of
the
traverse
and
further
proceedings
therein
to
them
.
Certiorari
.
The
returne
of
a
Certiorari
,
sent
to
remove
an
endictment
may
be
thus
.
First
upon
the
backside
of
the
writ
of
Certiorari
endorse
these
or
the
like
words
.
Executio
istius
brevis
patet
in
quadam
scedula
eidem
brevi
annexa
.
And
that
schedule
may
be
thus
.
Ego
Mich.
Dalton
unus
Custod
.
pacis
,
ac
Iusticiar
.
Dom.
Regis
ad
pacem
in
dict.
Com.
Dublin
conservand
.
necnon
ad
diversa
felonias
,
transgr
.
et
alia
malefacta
in
eodem
Com.
perpetrata
,
audiend
.
et
terminan
.
assig
.
virtute
istius
brevis
mihi
deliberati
indictam
.
illud
(
unde
in
dicto
brevi
fit
mentio
)
una
cum
omnibus
idem
indictamentum
tangent
.
in
Cancellar.
dicti
Domini
Regis
distincte
et
apertè
sub
sigillo
meo
certifico
,
In
cujus
rei
testimonium
,
ego
prefatus
M.D.
his
presentibus
sigillum
meum
apposui
.
Datum
_____
die
mensis
_____
Anno
Regni
,
&c.
Then
take
the
record
of
the
indictment
and
close
it
within
the
schedule
and
seale
,
and
send
them
up
both
together
.
Now
to
shew
what
is
further
meet
for
the
Iustices
of
peace
to
know
concerning
this
writ
of
Certiorari
,
and
their
certifying
or
returne
thereof
.
After
an
endictment
found
before
Iust.
of
peace
,
a
Certiorari
is
procured
by
the
meanes
of
some
party
indicted
or
grieved
,
thereby
to
remove
such
indictment
from
the
said
Iust
.
and
to
convey
it
to
Iust.
of
a
higher
authority
,
to
the
end
the
party
may
either
traverse
such
endictment
above
,
or
may
there
avoyd
it
for
insufficiency
of
forme
or
matter
.
If
it
be
returneable
into
the
Chancery
then
are
the
words
in
Cancellaria
nostra
,
and
if
into
the
Kings
Bench
,
then
the
words
are
coram
nobis
ubicunque
&c.
mittatis
.
The
Certiorari
may
be
sometimes
to
remove
,
If
there
be
variance
betweene
the
Certiorari
,
A
Iustice
of
peace
may
deliver
,
See
8.
H.
4.
fo.
5.
Br.
Record
64.
If
a
Certiorari
be
to
send
up
the
indictment
of
A.
in
which
endictment
some
others
be
endicted
together
with
the
same
A.
yet
need
not
the
Iustices
of
peace
to
make
certificate
concerning
any
but
A.
for
although
they
be
named
joyntly
,
yet
be
they
indicted
severally
,
and
the
King
may
pardon
A.
without
forgiving
the
other
.
6.
E.
4.
5.
If
a
Certiorari
shall
come
to
the
Iustices
to
remove
an
endictment
and
the
party
sueth
not
to
have
it
removed
,
but
suffereth
it
to
lye
still
,
And
albeit
the
Certiorari
be
a
supersedeas
of
it selfe
,
Fitzh
.
fo.
237.
in
which
place
also
he
doubteth
whether
the
Iustices
of
peace
themselves
ought
not
of
duty
to
award
their
owne
supersedeas
to
the
same
effect
,
after
that
the
writ
of
Certiorari
is
brought
to
their
hands
.
If
a
Certiorari
come
to
the
Iustice
of
peace
to
remove
an
endictment
and
in
truth
the
indictment
was
not
taken
till
after
the
date
of
the
Certiorari
,
yet
if
the
endictment
be
removed
thereby
,
(
1.
R.
3.
4.
)
and
in
such
case
it
is
now
usuall
to
remove
it
.
All
the
higher
Courts
at
Dublin
may
write
to
the
Iustices
of
peace
to
certifie
their
Records
,
that
doe
make
for
the
tryall
of
causes
in
them
depending
,
as
you
may
reade
19.
H.
6.
19.
where
they
of
the
common
place
did
send
to
the
Iustices
of
peace
for
an
endictment
,
because
in
a
writ
of
conspiracy
brought
before
them
,
it
was
materiall
to
have
it
.
In
some
cases
the
Iustice
of
peace
may
certifie
a
Record
by
him
made
,
In
other
cases
he
must
of
duty
certifie
the
proceedings
,
but
may
spare
to
certifie
the
Record
untill
a
Certiorari
come
to
him
for
it
,
see
hereof
antea
title
Suretie
for
the
peace
.
For
the
manner
of
the
writ
of
Certiorari
,
to
remove
Records
from
one
Court
to
another
,
or
from
the
Iust.
of
peace
or
other
officers
of
Record
,
to
any
the
higher
Courts
of
Dublin
,
&c.
there
are
diverse
formes
and
sorts
thereof
,
as
you
may
see
in
Fitz.
Na.
Br.
fo.
242.
&c.
I
will
onely
set
you
downe
one
forme
for
all
.
The
forme
of
a
Certiorari
out
of
the
Chancery
,
to
certifie
a
Recog.
taken
by
a
Iustice
of
peace
in
the
Country
,
for
the
keeping
of
the
peace
.
Iacobus
Dei
gratia
,
Angliae
,
Scotiae
,
Franciae
,
et
Hiberniae
,
Rex
fidei
defensor
,
custodibus
pacis
nostrae
in
Com.
Dublin
.
et
eorum
cuilibet
salutem
,
volentes
certis
de
causis
Certiorari
,
super
tenorem
cujusdam
securitatis
pacis
,
vel
boni
gestus
qua
.
A.H.
ar.
invenit
coram
vobis
vel
aliquo
vestrum
,
de
eo
quod
ipse
damnum
vel
malum
aliquod
R.S.
vel
alicui
alij
de
populo
nostro
,
de
corpore
suo
nec
faceret
,
nec
fieri
procuraret
quovismodi
vobis
mandamus
quod
tenorem
securitatis
pacis
sive
boni
gestus
predict
.
nobis
in
Cancellar.
nostr
.
in
octabis
purificat
.
beatae
Mariae
virginis
prox
.
futur
.
ubicunque
tunc
fuerit
,
sub
sigill
.
vestr
.
vel
unus
vestrum
distincte
et
apertè
sine
dilatione
mittatis
et
hoc
sub
poena
centum
librarum
nullatenus
omittatis
nec
aliqu
.
vestr
.
omittat
.
Teste
meipso
apud
Dublin
_____
die
Novembris
Anno
Regni
nostri
,
&c.
The
returne
hereof
,
See
antea
titulo
Surety
for
the
peace
.
21.
H.
7.
fol.
20.
the
forme
of
which
precept
or
warrant
may
be
thus
in
English
.
George
Multon
one
of
the
Iustices
of
peace
of
our
soveraigne
Lord
the
Kings
Majestie
,
within
the
County
of
Dublin
,
Know
yee
that
I
have
received
the
commandement
of
our
said
soveraigne
Lord
the
King
by
his
Majesties
writ
of
supplicavit
,
to
compell
A.
B.
of
D.
in
the
said
County
Yeoman
to
finde
sufficient
sureties
for
his
Majesties
peace
by
him
to
be
kept
toward
C.D.
of
the
same
Towne
of
Dale
in
the
said
County
Taylor
,
and
therefore
on
the
behalfe
of
our
said
soveraigne
Lord
I
command
and
charge
you
joyntly
and
severally
that
immediately
upon
the
receipt
hereof
you
cause
the
said
A.B.
to
come
before
me
at
my
house
in
Dale
in
the
County
aforesaid
,
to
finde
sufficient
surety
and
mainprise
for
the
peace
to
be
kept
towards
our
said
soveraigne
Lord
,
and
all
his
liege
people
and
especially
towards
the
said
C.D.
and
if
the
said
A.B.
shall
refuse
thus
to
doe
,
that
then
you
him
safely
convey
,
or
cause
to
be
safely
conveyed
,
to
his
Majesties
gaole
in
the
said
County
,
there
to
remaine
untill
he
shall
willingly
doe
the
same
,
so
that
he
may
be
before
the
Iustices
of
the
peace
of
our
soveraigne
Lord
within
the
said
County
at
the
next
generall
Sessions
of
the
peace
to
be
holden
for
the
said
County
,
there
to
answere
to
our
said
soveraigne
Lord
,
for
his
contempt
in
this
behalfe
,
and
see
that
you
certifie
your
doings
in
the
premisses
,
to
the
said
Iustices
at
the
said
Sessions
bringing
then
thither
this
precept
with
you
,
Given
at
dale
under
my
seale
the
fourth
day
of
,
&c:
The
forme
of
the
Recog.
of
the
peace
to
be
taken
upon
the
said
writ
of
Supplicavit
.
Memorandum
quod
quarto
die
Iulij
anno
Regni
Domini
nostri
Caroli
Dei
gratia
,
Angliae
,
Scotiae
,
Franciae
,
et
Hiberniae
,
Regis
fidei
defensoris
,
&c.
or
otherwise
as
the
writ
of
supplicavit
shall
require
)
quam
quidem
summam
viginti
librarum
pred
.
A.B.
et
quilibet
manucaptorum
predictorum
pred
.
seperales
summas
decem
librarum
separatìm
recognover
.
se
debere
dicto
Dom.
Regi
de
terris
et
tenementis
bonis
&
catallis
quorumlibet
et
cujuslibet
eorum
ad
opus
dicti
Domini
Regis
haeredum
et
successorum
suorum
fieri
et
levari
,
ad
quorumcunque
manus
devenerint
si
contigerit
ipsum
A.B.
premissa
vel
eorum
aliquod
in
aliquo
infringere
et
inde
legitimo
modo
convinci
.
In
cujus
rei
testimonium
ego
pred
.
I.L.
sigill
.
meum
apposui
datum
,
&c.
And
this
may
be
done
also
by
a
single
Recognisance
in
latine
with
a
Condition
added
or
endorsed
in
english
in
manner
following
.
Memorandum
quod
_____
die
,
&c.
Anno
Regni
,
&c.
virtute
brevis
Domini
Regis
huic
Recognitioni
annexat
.
apud
T.
in
Com.
Dublin
The
Condition
of
this
Recognisance
is
such
that
if
the
above
bounden
I.S.
shall
keepe
the
peace
of
our
soveraigne
Lord
the
King
,
towards
the
Kings
Majestie
and
to
all
his
liege
people
,
and
especially
towards
A.B.
of
C.
aforesaid
Yeoman
,
that
then
the
said
Recognisance
to
be
voyd
or
else
,
&c.
This
Recognisance
of
the
peace
being
thus
taken
by
vertue
of
a
supplicavit
,
the
Iustice
of
peace
being
in
this
case
but
a
Minister
,
and
not
a
Iudge
,
must
make
returne
of
the
writ
and
a
certificate
of
his
doing
therein
into
the
Court
from
whence
the
supplicavit
did
issue
in
this
forme
following
,
viz.
upon
the
backe
of
the
writ
of
supplicavit
,
he
must
write
thus
.
Executio
istius
brevis
patet
in
quadam
scedula
eidem
brevi
annexa
,
and
then
subscribe
his
name
to
it
.
The
schedule
may
be
thus
,
which
must
be
fixt
to
the
writ
of
supplicavit
.
Ego
T.F.
miles
unus
custodu
.
pacis
Dom.
Regis
in
Com.
Dublin
certifico
in
Cancellariam
dicti
Domini
Regis
,
me
virtute
istius
brevis
mihi
per
A.B.
in
eodem
brevi
nominat
,
primo
deliberat
.
personaliter
coram
me
_____
die
,
&c.
apud
Dale
in
Com.
pred
.
venire
fecisse
T.R.
in
dicto
brevi
nominat
.
ac
eundem
T.
ad
sufficientem
securitatem
et
manucaptores
pacis
inveniendam
secundùm
formam
dicti
brevis
,
viz.
ad
pacem
Domini
Regis
erga
ipsum
Dom.
Regem
et
cunctum
populum
suum
et
precipuè
,
&c.
(
as
the
writ
shall
appoint
)
compulisse
,
In
cujus
rei
testimonium
huic
presenti
certificationi
sigillum
meum
apposui
,
datum
apud
D.
in
Com.
pred
.
_____
die
,
&c.
Anno
Regni
dicti
Dom.
Regis
,
&c.
The
like
certificate
may
be
made
into
the
Kings
Bench
if
the
writ
of
supplicavit
issue
out
of
that
Court
mutatis
mutandis
.
And
if
a
Certiorari
be
directed
out
of
the
Chancery
to
the
Iustice
of
peace
,
for
removing
this
Recog.
because
it
was
not
sent
up
together
with
the
certificate
as
there
is
no
necessity
it
should
be
,
then
that
writ
must
be
returned
in
this
manner
,
viz:
Upon
the
backe
of
the
writ
the
Iustice
of
peace
must
write
thus
.
Virtute
istius
brevis
,
Ego
P.H.
unus
custodum
pacis
Domini
Regis
,
in
Com.
Dublin
,
tenorem
securitatis
pacis
unde
infra
fit
mentio
,
dicto
Domino
Regi
in
Cancellariam
suam
sub
sigillo
meo
distinctè
et
apertè
mitto
,
prout
patet
in
schedula
huic
brevi
consuta
:
And
the
Iustice
must
hereunto
subscribe
his
name
.
The
schedule
must
be
thus
.
Memorandum
quod
vicessimo
die
Iulij
,
&c.
reciting
the
whole
Recog.
de
verbo
in
verbum
,
and
then
conclude
,
in
cujus
rei
testimonium
ego
predictus
P.H.
sigillum
meum
apposui
dat
.
&c.
The
like
may
be
made
into
the
Kings
Bench
mutatis
mutandis
,
if
the
writ
issue
out
of
that
Court.
If
the
supplicavit
be
against
diverse
,
and
the
party
that
prosecuteth
the
same
,
will
release
his
prayer
of
the
peace
against
one
of
them
,
then
the
release
ought
to
be
certified
for
him
,
and
the
writ
must
be
served
for
the
rest
,
or
else
non
est
inventus
may
be
certified
for
him
that
is
released
,
and
the
writ
served
for
the
rest
.
The
forme
of
the
Release
may
be
thus
.
Memorandum
quod
primo
die
Augusti
,
in
brevi
de
supplicavit
huic
Relaxationi
annex
.
nominat
,
venit
coram
me
P.
H.
un
.
Iusticiar
.
ad
pacem
in
Com.
predict
.
conservand
.
&c.
et
gratis
remisit
et
relaxavit
quantum
in
se
est
securitat
.
per
ipsum
coram
me
versus
supra
nominatum
C.D.
petitam
.
In
cujus
rei
testimonium
ego
prefatus
P.H.
sigillum
meum
apposui
datum
,
&c.
The
forme
of
a
supersedeas
(
by
a
Iustice
of
peace
)
upon
a
writ
of
supplicavit
against
an
Infant
.
A.B.
armiger
,
unus
Iusticiar
.
Dom.
Regis
Caroli
Dei
gratia
,
&c.
ad
pacem
in
Com.
Dublin
de
,
&c.
I.S.
de
,
&c.
et
prefat
.
C.A.
coram
me
prefato
A.B.
personaliter
comparuer
.
et
predictus
I.B.
et
I.S.
manuceperunt
pro
predicto
C.A.
qui
infra
aetatem
21.
annorum
existit
,
viz.
quilibet
manucaptor
.
predictor
.
in
20.
l.
quas
recognover
.
se
deber
.
dicto
Domino
Regi
,
ac
concess
.
de
terris
et
tenementis
,
bonis
,
et
catallis
suis
,
ad
opus
dicti
Domini
regis
levand
.
viz.
quod
predict
.
C.A.
damnum
vel
malum
aliquod
,
alicui
de
populo
dicti
Domini
Regis
de
corpor
.
suis
,
vel
de
incendio
domor
,
suarum
non
faciet
nec
fieri
procurabit
quevismodo
ideo
ex
parte
dicti
Domini
regis
vobis
et
cuilibet
vestrum
mando
,
quod
de
coarctan
.
aut
attachand
.
dictum
C.A.
ad
inveniendam
aliquam
securitatem
pacis
per
ipsum
observand
.
erga
dict.
Dom.
Regem
,
et
cunctum
populum
suum
,
seu
alicui
de
eodem
populo
suo
,
coram
vobis
seu
aliquo
vestrum
inveniend
.
supersed
.
seu
supersed
.
fac
.
omninò
&
si
ipsum
C.A.
occasione
predict
,
&
non
alia
ceperitis
seu
capi
mandaveritis
,
&
in
prisona
ipsius
Dom.
regis
sub
custodia
vestra
detineritis
,
tunc
ipsum
à
prisona
in
qua
detinetur
sine
dilatione
deliber
.
fac
.
Teste
me
praefat.
A.B.
20.
die
Novembris
,
Anno
regni
dicti
Dom.
regis
,
&c.
A
Iustice
of
Peace
may
also
by
vertue
of
his
office
,
and
as
he
is
a
Iudge
command
this
surety
to
be
found
,
and
this
hee
may
doe
either
of
his
owne
motion
and
discretion
,
or
else
at
the
request
and
prayer
of
another
.
When
it
is
at
the
Prayer
of
another
he
may
make
out
his
precept
or
warrant
in
this
forme
following
.
Charles
by
the
grace
of
God
King
of
England
,
Scotland
,
France
and
Ireland
Defendor
of
the
Faith
,
&c.
To
our
Sheriffe
of
the
County
of
Dublin
,
Forasmuch
as
A.
B.
of
Kilmainham
,
yeoman
,
hath
personally
come
before
George
Bring
of
the
said
Towne
Esquire
,
one
of
our
Iustices
of
the
peace
within
the
said
County
,
and
hath
taken
a
corporall
oath
that
hee
is
afraid
that
one
C.D.
of
Killmainham
in
the
said
County
yeoman
,
will
beat
,
maime
,
wound
or
kill
him
,
or
burne
his
houses
,
and
hath
therewithall
prayed
surety
of
the
peace
against
the
said
C.
D.
Therfore
we
command
and
charge
you
joyntly
and
severally
that
immediately
upon
the
receipt
hereof
you
cause
the
said
C.D.
to
come
before
the
said
G.B.
or
some
other
of
our
Iustices
of
the
said
County
to
finde
sufficient
sureties
and
mainprise
aswell
for
his
appearance
at
the
next
quarter
Sessions
of
our
peace
to
be
holden
in
the
said
County
,
as
also
for
our
peace
to
be
kept
towards
us
,
and
all
our
liege
people
and
chiefly
towards
the
said
A.B.
that
is
to
say
,
that
he
the
said
C.D.
shall
not
doe
,
nor
by
any
meanes
procure
or
cause
to
be
done
any
of
the
said
evils
to
any
of
our
said
people
,
and
especially
to
the
said
A.
B.
And
if
the
said
C.D.
shall
refuse
thus
doe
,
that
then
immediately
without
expecting
any
further
warrant
,
you
him
safely
convey
or
cause
to
be
conveyed
to
our
common
gaole
in
the
said
County
,
there
to
remaine
untill
he
shall
willingly
doe
the
same
,
so
that
he
may
bee
before
our
said
Iustices
at
the
said
next
generall
Sessions
of
the
peace
to
be
holden
in
the
County
aforesaid
,
then
and
there
to
answere
unto
us
for
his
contempt
in
this
behalfe
;
And
see
that
you
certifie
your
doing
in
the
premisses
to
our
said
Iustices
at
the
said
Sessions
,
bringing
then
thither
this
precept
with
you
:
witnesse
the
said
G.B.
at
Killmainham
aforesaid
the
fourth
day
of
August
.
&c.
The
like
warrant
may
be
in
the
name
of
the
Iustice
of
peace
himselfe
in
this
forme
following
,
viz.
A.
B.
Knight
,
Forasmuch
as
B.A.
the
wife
of
W.A.
of
D.
in
the
said
County
Labourer
hath
required
suretie
of
the
peace
against
T.B.
of
the
said
Towne
of
D.
Butcher
,
and
withall
hath
taken
her
corporall
oath
before
me
,
that
shee
requireth
the
same
not
for
any
private
malice
,
hatred
,
or
evill
will
,
but
simply
that
she
is
afraid
of
her
life
,
or
the
hurting
or
mayming
of
her
body
or
the
burning
of
her
houses
;
These
are
therefore
to
will
and
require
you
,
and
in
his
Majesties
name
to
charge
and
command
you
,
that
immediately
upon
the
sight
hereof
,
you
or
one
of
you
require
the
said
T.B.
to
come
before
me
,
or
some
other
of
the
Kings
Majesties
Iustices
within
the
said
County
to
finde
sufficient
sureties
,
aswell
for
the
appearance
at
the
next
generall
quarter
Sessions
of
the
peace
to
be
holden
for
the
said
County
,
as
also
that
the
said
T.B.
shall
in
the
meanetime
keepe
the
Kings
Majesties
peace
,
aswell
towards
his
said
Majestie
,
as
towards
all
his
liege
people
,
and
especially
towards
the
said
B.A.
and
if
he
shall
refuse
so
to
doe
,
that
then
immediately
you
doe
arrest
and
convey
the
said
T.B.
or
cause
him
to
be
conveyed
to
his
Majesties
gaole
of
the
said
County
,
there
to
remaine
untill
he
shall
willingly
doe
the
same
,
and
see
that
you
certifie
your
doings
in
the
premisses
to
the
Iustices
at
the
said
Sessions
,
and
have
you
there
this
warrant
dated
at
,
&c.
The
forme
of
the
Recognisance
of
the
peace
may
be
thus
.
Memorand
.
quod
die
Anno
regni
Domini
nostri
Caroli
Dei
gratiâ
,
&c.
R.
P.
de
E.
in
Com.
Dublin
.
praedict.
Yeoman
,
Or
the
like
may
be
upon
a
single
Recognisance
with
a
Condition
in
forme
following
.
Memorand
.
quod
die
Anno
Regni
Domini
nostri
Caroli
Dei
gratia
,
&c.
venerunt
coram
me
M.D.
uno
Iusticiar
.
&c.
assignat
.
T.H.
de
W.
in
praedicto
Com.
Dublin
de
ijsdem
villa
&
Comitatu
Husbandman
&
manuceperunt
&
uterque
eorum
separatìm
manucepit
sub
poena
quinque
librarum
legalis
monetae
Angliae
pro
W.S.
de
W.
praedict
.
Taylor
,
Et
praedictus
W.S.
assumpsit
pro
seipso
sub
poena
decem
librarum
consimilis
monetae
Angliae
,
quas
quidem
seperales
summas
recognoverunt
&
quilibet
eorum
ut
predicitur
recognovit
se
debere
dicto
Domino
Regi
de
terris
&
tenementis
,
bonis
&
Catallis
suis
fieri
&
levari
,
si
predictus
W.S.
deficerit
in
performatione
conditionis
subsequentis
.
The
Condition
of
this
Recognisance
is
such
,
that
if
the
above
bounden
W.S.
shall
personally
appeare
before
the
Iustices
of
our
said
Soveraigne
Lord
the
King
at
the
next
generall
Sessions
of
the
peace
to
be
holden
in
the
said
County
of
Dublin
,
to
doe
and
receive
that
which
by
the
Court
shall
be
then
and
there
enjoyned
him
,
and
in
the
meanetime
doe
keepe
the
peace
of
our
said
Soveraigne
Lord
the
King
towards
the
Kings
Majestie
and
all
his
liege
people
,
and
especially
towards
A.
B.
of
C.
in
the
County
aforesaid
Yeoman
,
That
then
the
said
Recognisance
to
be
voide
,
or
else
,
&c.
The
forme
of
a
Supersedeas
for
the
peace
may
be
thus
.
Forasmuch
as
A.B.
of
&c.
Yeoman
hath
personally
come
before
me
at
,
&c.
and
hath
found
sufficient
surety
(
that
is
to
say
,
C.D.
and
E.F.
&c.
Yeomen
,
The
forme
of
the
precept
or
warrant
for
the
good
behaviour
may
be
thus
.
I.
S.
Knight
,
one
of
the
Iustices
of
peace
of
our
Soveraigne
Lord
the
Kings
Majestie
,
within
the
County
of
Dublin
,
To
the
Sheriffe
of
the
said
County
,
and
to
all
high
Constables
,
petty
Constables
,
and
to
all
and
singular
Bailiffes
,
and
other
his
Majesties
Officers
,
and
Ministers
aswell
within
liberties
as
without
,
in
the
〈◊〉
County
and
to
every
of
them
greeting
.
Forasmuch
as
A.B.
〈◊〉
in
the
said
County
labourer
is
not
of
good
name
or
fame
,
nor
of
honest
conversation
but
an
evill
doer
,
a
Riotter
,
Barretor
,
and
perturber
of
the
peace
of
our
said
soveraigne
Lord
,
I
command
you
and
every
of
you
,
that
immediately
upon
sight
hereof
,
you
cause
the
said
A.B.
to
come
before
me
,
or
some
other
of
my
fellow
Iustices
to
finde
sufficient
surety
and
mainprise
aswell
for
his
good
abearing
towards
our
said
soveraigne
Lord
,
and
all
his
liege
people
untill
the
next
generall
Sessions
of
the
peace
to
be
holden
in
the
said
County
,
as
also
for
his
apparance
then
and
there
,
and
if
he
shall
refuse
so
to
doe
,
that
then
immediately
,
without
expecting
any
further
warrant
,
you
him
safely
convey
or
cause
to
be
safely
conveyed
to
his
Majesties
gaole
in
the
said
County
,
thereto
remaine
untill
he
shall
willingly
doe
the
same
,
so
that
he
may
be
before
his
Majesties
Iustices
at
the
said
next
generall
Sessions
of
the
peace
to
be
holden
in
the
said
County
,
then
and
there
to
answere
for
his
contempt
in
this
behalfe
,
and
see
that
you
certifie
your
doings
in
the
premisses
to
the
said
Iustices
,
at
the
said
Sessions
,
bringing
then
thither
this
precept
with
you
dated
at
,
&c.
Or
it
may
be
thus
.
I.
S.
Esquire
,
one
of
his
Majesties
Iustices
,
&c.
(
as
in
the
next
precedent
president
)
Forasmuch
as
I
have
beene
credibly
informed
that
A.B.
of
C.
in
the
said
County
labourer
,
is
a
man
of
evill
behaviour
,
one
that
dayly
moveth
discord
,
strife
,
and
dissention
amongst
his
neighbours
,
and
a
common
perturber
of
his
Majesties
peace
:
These
are
therefore
in
the
Kings
Majesties
name
to
command
you
,
&c.
as
in
the
former
president
.
This
warrant
for
the
good
behaviour
,
although
it
may
be
granted
by
one
Iustice
of
peace
alone
,
yet
it
is
usually
granted
by
two
and
may
be
also
in
Latine
in
this
forme
following
.
Iohannes
Payton
Miles
et
Willielmus
Woodhouse
Miles
Iusticiarij
Dom.
Regis
nunc
ad
pacem
in
Com.
Dublin
conservandam
assignat
.
vicecom
.
Com.
predict
.
nec
non
omnibus
et
singulis
Ballivis
,
Constabularijs
ceterisque
dicti
Domini
regis
ministris
,
tam
infra
libertat
.
quam
extra
,
in
eodem
Comitat.
salutem
.
Quia
datum
est
nobis
intelligi
per
relationem
et
testimonium
multorum
fide
dignorum
Com.
predict
.
quod
A.B.
de
C.
in
Com.
pred
.
generosus
,
et
C.A.
de
eadem
Yeoman
non
sunt
bonorum
nominis
,
et
famae
nec
conversationis
honestae
sed
malae
famae
et
mali
gestus
,
ac
malae
dispositionis
,
Barratores
,
et
pacis
dicti
Domini
Regis
perturbatores
,
Ita
quod
veresimilis
sit
murderum
,
homicidium
,
lites
,
discordias
et
alia
gravamina
et
damna
,
interligeos
dicti
Domini
Regis
,
de
corporibus
suis
pretextu
,
premissorum
in
dies
oriri
,
Ideo
ex
parte
dicti
Domini
Regis
,
vobis
et
cuilibet
vestrum
precipimus
,
quod
non
omittat
.
propter
aliquam
libertatem
in
Com.
pred
.
quin
attachatis
,
seu
unus
vestrum
attachiat
,
prefat.
A.B.
et
R.A.
Ita
quod
habeat
,
eos
coram
nobis
seu
alijs
sociorum
nostrorum
Iusticiariorum
dicti
Domini
Regis
ad
pacem
in
Com.
predict
.
conservandam
,
ad
proximam
generalem
sessionem
pacis
in
eodem
Com.
tenend
.
ad
inveniend
.
tunc
coram
nobis
(
vel
dictis
Iusticiarijs
)
sufficientem
securitatem
de
se
bene
gerend
.
erga
dict.
Dom.
Regem
et
cunctum
populum
suum
,
juxta
formam
statut
.
inde
edit
.
et
provis
.
sub
certa
poena
eis
per
nos
vel
per
prefat.
Iusticiar
.
tunc
imponend
.
Et
hoc
nullatenus
omittatis
periculo
incumbente
.
Et
habeat
,
coram
nobis
vel
dictis
Iusticiarijs
apud
sessiones
predict
.
hoc
preceptum
.
Testibus
nobis
pred
.
I.P.W.W.
ultimo
die
Iulij
anno
regni
dicti
domini
nostri
Caroli
Dei
gratia
Angliae
,
&c.
Upon
good
sureties
taken
for
the
good
behaviour
,
a
Supersedeas
may
be
granted
for
the
good
behaviour
aswell
as
for
the
peace
,
and
the
same
may
be
in
the
same
forme
,
as
the
supersedeas
for
the
peace
is
mutatis
mutandis
.
Many
other
Supersedeasses
may
be
granted
by
the
Iustice
of
peace
out
of
Sessions
for
otherwise
it
were
mischievous
for
the
party
,
aswell
by
reason
of
his
imprisonment
as
also
for
that
otherwise
he
may
be
outlawed
before
the
Sessions
,
if
the
Iustice
of
peace
,
might
not
take
sureties
of
him
for
his
appearance
.
And
Master
Crompton
is
of
opinion
that
these
may
be
granted
by
any
one
Iustice
of
peace
,
with
whom
agreeth
the
booke
of
Entries
,
but
Master
Lamberd
thinketh
it
not
in
the
power
of
any
one
Iustice
of
peace
,
to
grant
such
supersedeas
at
this
day
,
but
that
it
must
be
done
by
two
Iustices
at
the
least
,
and
the
one
being
of
the
Quorum
,
neverthelesse
for
that
I
finde
the
old
presidents
to
run
in
the
name
of
one
Iustice
of
peace
alone
,
I
have
drawne
these
accordingly
,
notwithstanding
I
would
advise
the
joyning
of
two
Iustices
herein
,
the
one
to
be
of
the
Quorum
,
if
they
may
conveniently
begotten
.
A
Supersedeas
de
capias
indictatum
de
transgressione
.
Iohannes
Richardson
sacrae
Theologiae
doctor
,
unus
Iusticiar
.
dom.
Alias
quia
invenit
plegios
pro
fine
.
Samuel
Collins
sacrae
Theologiae
doctor
unus
Iusticiar
.
dicti
dom.
A.
B.
de
S.
in
Com.
predicto
Yeoman
,
si
inventus
fuerit
in
eodem
Comitatu
&
ipsum
salva
custod
.
Ita
quod
haberetis
seu
unus
vestrum
haberet
corpus
ejus
coram
custodibus
pacis
,
ac
Iust.
dicti
Domini
regis
ad
pacem
in
Com.
predicto
(
necnon
ad
diversa
felonias
,
transgress●ones
,
&
alia
malefacta
in
eodem
Com.
audiend
.
&
Terminand
.
assignat
.
)
apud
Killmainham
tali
die
ad
respondend
.
dicto
domino
regi
de
contemptibus
&
transgressionibus
unde
,
coram
dictis
Iusticiariis
indictatus
existit
,
quia
modo
predictus
A.
B.
apud
Dale
in
Com.
predict
.
venit
coram
me
&
invenit
sufficientem
plegios
pro
fine
suo
,
cum
dicto
domino
Rege
pro
premissis
faciend
.
Ideo
ex
parte
dicti
domini
regis
vobis
conjunctim
&
divisim
mando
,
quod
ad
executionem
brevis
predicti
ulterius
fac
.
supersedeas
omninò
,
&
si
ipsum
A.B.
ea
occasione
&
non
alia
ceperitis
,
&
in
prisona
dicti
Domini
regis
detineritis
tunc
ipsum
sine
dilatione
ab
eadem
deliber
.
fac
.
seu
unus
vestrum
deliber
.
faciat
.
&
habeatis
seu
unus
vestrum
habeat
hoc
preceptum
ad
sessionem
predictam
.
Dat.
&c.
die
August
.
Anno
regni
Domini
nostri
Caroli
dei
gratiâ
,
&c.
Another
Supersedeas
de
capias
pro
fine
.
A
Supersedeas
de
Capias
indictat
,
de
felonia
.
A.
B.
ea
ex
causa
supersed
.
omnino
.
dat
.
&c.
Carolus
,
&c.
vic
.
Com.
Dublin
,
salutem
.
Quia
C.
D.
de
A.
in
com
.
tuo
Yeoman
,
venit
coram
E.
F.
&c.
invenit
sufficien
.
manucaption
.
essendi
coram
custod
.
pacis
nostrae
apud
C.
tali
die
tenend
.
ad
respond
.
nobis
de
quibusdam
felonijs
unde
indictatus
est
,
Ideò
tibi
praecipimus
quod
de
ulterius
exig●nd
.
praefat.
C.
D.
ad
aliquod
Comitat.
tuum
,
vel
imprisonand
.
five
ipsum
ea
occasione
aliqualiter
molestand
.
omninò
supersed
.
&
habeas
ibi
tunc
hoc
breve
.
Teste
Roberto
Castle
apud
H.
tali
die
&
anno
.
Severall
other
Presidents
.
A
generall
warrant
for
misdemeanor
.
To
the
Constables
of
,
&c.
These
are
to
will
and
require
you
,
I.
H.
of
your
said
Towne
Butcher
,
before
me
to
answere
unto
such
matters
of
misdemeanor
,
as
on
his
Majesties
behalfe
shall
be
objected
against
him
.
And
hereof
faile
ye
not
at
your
perill
.
Dated
at
,
&c.
Another
for
Misdemeanor
.
These
are
to
w●●●
and
require
you
,
&c.
A
warrant
for
one
who
hath
dangerously
hurt
another
.
Forasmuch
as
I
am
credibly
informed
,
that
I.
B.
A
warrant
for
a
generall
search
for
Rogues
.
To
the
high
Constables
of
the
Barony
of
,
&c.
These
are
in
the
Ki●gs
Majesties
name
to
charge
and
command
you
,
Note
,
that
all
Rogues
These
are
in
the
K.
Majesties
name
,
to
charge
and
command
you
,
that
you
together
with
the
petty
Constables
of
the
severall
Townes
,
Parishes
,
and
Hamlets
,
within
your
Barony
(
taking
sufficient
assistance
out
of
the
said
Townes
)
doe
make
a
generall
privy
search
within
every
of
the
said
severall
Townes
,
Parishes
,
and
Hamlets
,
upon
_____
at
night
next
comming
,
for
the
finding
out
,
and
apprehending
of
all
Rogues
,
Vagabonds
,
and
wandring
idle
persons
in
or
about
their
said
severall
Townes
,
and
that
such
as
shall
be
found
and
apprehended
,
you
doe
cause
them
to
be
punished
in
every
severall
Towne
or
Parish
where
they
shal
be
so
apprehended
,
by
the
petty
Constables
of
every
severall
Parish
respectively
,
and
by
them
also
further
to
be
conveyed
according
to
the
statute
.
And
if
any
of
the
said
Rogues
shall
appeare
to
be
dangerous
or
incorrigible
,
that
then
you
cause
such
to
be
brought
before
me
,
or
any
other
of
his
Majesties
Iustices
of
peace
,
to
be
further
dealt
withall
according
to
the
statute
in
such
cases
provided
,
dated
,
&c.
Afterwards
any
one
of
these
Iustices
may
take
the
examination
of
,
or
proofe
against
such
dangerous
Rogues
,
&
finding
cause
,
may
then
commit
such
Rogues
to
the
gaole
,
and
from
thence
he
may
by
two
Iustices
of
peace
be
sent
to
the
house
of
correction
.
A
warrant
for
a
fugitive
servant
.
Iohn
Cuts
Knight
one
of
the
Iustices
of
the
peace
of
our
soveraigne
Lord
the
King
,
&c.
To
the
Baliffes
of
the
Barony
of
C.
and
to
T.H.
Constable
of
M.
in
the
County
of
Dublin
Or
thus
in
Latine
.
Iohannes
Cutts
Miles
,
unus
Iusticiar
.
Domini
Regis
,
&c.
I.
T.
recessit
(
ut
dicitur
)
ideo
ex
parte
Domini
Regis
vobis
et
cuilibet
vestrum
praecipio
,
quod
praef.
E.L.
ad
praefat.
I.T.
magistrum
suum
deserviend
.
deliberar
.
faciat
.
Another
for
the
same
.
Simon
Steward
Knight
one
of
the
Iustices
of
the
peace
of
our
soveraigne
Lord
the
King
,
&c.
To
the
Sheriffe
of
the
County
of
Dublin
Or
thus
in
Latine
.
I.
B.
Constabular
.
vill
.
de
B.
et
R.
N.
ballivo
itineranti
in
eodem
Com.
et
eorum
cuilibet
salutem
.
Ex
parte
dicti
Domini
Regis
vobis
et
cuilibet
vestrum
mando
,
A
warrant
for
one
refusing
to
serve
.
Roger
Millisent
Knight
one
of
the
Iustices
of
the
peace
of
our
soveraigne
Lord
the
King
,
&c.
To
R.L.
Bailiffe
of
S.
in
the
County
of
Dublin
Or
thus
in
Latine
.
Rogerus
Millisent
miles
,
A
warrant
for
the
suppressing
of
an
Alehouse
.
Iohn
Cage
Knight
,
and
Edward
Hinde
Knight
two
of
the
Kings
Majesties
Iustices
of
the
peace
within
the
said
County
of
Dublin
,
A
warrant
for
the
removing
of
a
petty
Constable
and
for
the
swearing
of
another
.
Carolus
Dei
grat
.
&c.
vic
.
Com.
Dublin
.
et
eorum
cuilibet
salut
.
Quia
W.
P.
et
R.S.
subconstabular
.
villae
de
C.
et
K.
(
certis
de
causis
nos
moventibus
)
ab
officio
suo
amoveri
et
exonerari
fecimus
,
Ideo
vobis
et
cuilibet
vestrum
conjunctim
et
divisim
praecipimus
et
mandamus
quod
I.F.
et
R.M.
ad
omnia
et
singula
eidem
officio
incumbentia
bene
et
fidelitèr
exercenda
et
exequenda
,
prout
ipsi
nobis
inde
respondere
voluerint
coram
aliquo
Iusticiar
.
nostr
.
ad
pacem
in
Com.
pred
.
conservand
.
jurare
faciatis
.
dictisque
W.P.
et
R.S.
similiter
injungentes
quod
ipsi
de
dicto
offic.
ulterius
exercendo
et
exequendo
nullatenus
se
intr●mittant
,
quousque
aliud
de
nobis
habuerint
in
mandatum
,
et
quicquid
inde
feceritis
,
Iustic
.
nostris
ad
pacem
nostram
in
dicto
Com.
conservand
.
assign
.
ad
prox
.
general
.
sess.
pacis
apud
C.
in
dicto
Com.
tenend
.
certificetis
,
hoc
precept
.
nostrum
tunc
et
ibid.
remittentes
.
Test
.
I.R.
Milite
,
uno
Iustic
.
nostrorum
praed.
tali
die
,
&c.
This
authority
of
removing
petty
Constables
and
of
chusing
and
swearing
new
,
is
reputed
properly
to
belong
to
the
Leete
(
it
being
one
of
the
most
ancient
Courts
in
the
Realme
Br.
Leet
.
14.
)
and
if
the
new
elect
be
not
present
at
the
Leet
to
take
his
oath
accordingly
,
then
upon
certificate
or
notice
thereof
to
any
Iu.
of
P.
of
that
County
,
the
Iust.
doth
use
to
send
his
warrant
for
the
party
so
chosen
and
to
give
them
their
oath
.
Also
in
default
of
the
Leet
,
or
otherwise
,
where
there
shall
be
just
cause
,
every
Iust.
of
peace
(
ex
officio
as
it
seemeth
)
may
remove
the
old
Constables
,
and
may
chuse
and
sweare
new
,
which
also
we
see
to
be
warranted
by
common
experience
.
And
I
have
seene
some
presidents
to
such
purpose
as
followeth
.
To
our
loving
friend
A.
B.
of
W.
Yeoman
.
These
are
in
his
Majesties
name
to
charge
and
command
you
,
to
make
your
repaire
unto
us
,
or
to
some
other
Iust.
of
P.
of
this
County
,
to
take
the
oath
of
a
Constable
to
serve
his
Majesty
within
the
Towne
of
W.
according
to
the
choice
made
of
you
by
the
Iury
at
the
last
Leet
holden
in
your
Towne
.
And
hereof
faile
you
not
,
dated
&c.
The
forme
of
the
oath
concerning
the
office
of
a
Constable
.
You
shall
sweare
that
you
shall
well
and
truely
serve
our
soveraigne
Lord
the
King
in
the
office
of
a
Constable
:
you
shall
see
and
cause
his
Majesties
peace
to
be
well
and
duely
kept
and
preserved
according
to
your
power
,
you
shall
arrest
all
such
persons
,
as
in
your
sight
and
presence
shall
ride
or
goe
armed
offensively
,
or
shall
commit
or
make
any
Riot
,
Affray
,
or
other
breach
of
his
Majesties
peace
you
shall
doe
your
best
endeavor
(
upon
complaint
to
you
made
)
to
apprehend
all
Traitours
,
Felons
,
Barretors
,
and
Riotters
,
or
persons
riotously
assembled
,
and
if
any
such
offendour
shall
make
resistance
(
with
force
)
you
shall
levy
Huy
and
Cry
,
and
shall
pursue
them
untill
they
be
taken
,
you
shall
doe
your
best
endeavor
that
the
watch
in
your
Towne
be
duely
kept
and
that
Huy
and
Cryes
be
duely
pursued
according
to
the
statute
of
Winchester
.
And
that
the
statutes
made
for
the
punishment
of
Rogues
and
Vagabonds
,
and
night
walkers
,
and
such
other
idle
persons
comming
within
your
bounds
or
limits
,
be
duely
put
in
execution
,
you
shall
have
a
watchfull
eye
to
such
persons
as
shall
maintaine
or
keepe
any
common
house
or
place
where
any
unlawfull
game
is
or
shall
be
used
.
As
also
to
such
as
shall
frequent
or
use
such
places
or
shall
use
or
exercise
any
unlawfull
games
there
or
elsewhere
,
contrary
to
the
Lawes
and
statutes
of
this
Kingdome
,
you
shall
well
and
duely
execute
all
precepts
and
warrants
to
you
directed
from
the
Iustices
of
P.
of
this
County
,
and
you
shall
well
and
duely
according
to
your
knowledge
power
and
ability
doe
and
execute
all
other
things
belonging
to
the
office
of
a
Constable
so
long
as
you
shall
continue
in
this
office
.
So
helpe
you
God
.
This
oath
I
have
set
downe
the
more
largely
,
thereby
to
shew
the
principall
matters
whereof
the
Constables
are
chiefely
to
have
care
.
Libri
primi
Finis
.