Abjuration
.
THe
abjuration
of
a
seditious
Sectary
,
ought
to
be
made
in
open
quarter
Sessions
of
the
Peace
,
&
there
to
be
entred
of
Record
in
the
Rolls
of
the
Sessions
by
the
Clark
of
the
Peace
35
El.
cap.
1.
&
2.
Lam.
615.
Abjuration
of
a
seditious
Sectary
made
in
open
Qu.
Sessions
must
be
certified
to
the
Justices
of
Assise
at
the
next
Assises
,
95
El.
c.
1.
Lam.
590.
Justices
of
Peace
cannot
arraign
a
man
upon
his
abjuration
for
felony
,
Lam.
551.
Vide
plus
.
Recusants
.
Absolve
,
Vide
Treason
.
.
Accessary
and
Principal
.
Who
shall
be
an
accessary
before
the
fact
.
1.
Abbettor
,
Procurer
,
or
consenter
to
a
felony
,
Dal.
292
,
293.
Cro.
41.
a.
nu.
1.
Lam.
286
,
287
,
288.
Stamf.
44.
a.
2.
Commander
of
an
evil
act
is
accessary
to
the
felony
proceeding
thereof
,
as
if
death
proceed
of
beating
or
robbing
,
Lam.
286.
Dal.
293.
Cro.
43.
a.
nu.
34.
3.
Commander
of
one
felony
,
whereby
another
ensueth
,
is
accessary
to
the
second
:
as
,
A.
commandeth
B.
to
fire
the
house
of
C.
and
thereby
many
are
fired
,
Lam.
286
,
287.
Cro.
43.
b.
nu.
36.
4.
Commander
of
a
felony
,
though
it
be
executed
in
another
fashion
,
time
and
place
,
or
manner
then
was
commanded
,
Lam.
286
,
287.
Cro.
42.
a.
nu.
14.
Dal.
293.
5.
When
a
Statute
ordaineth
an
act
to
be
treason
or
felony
,
which
was
not
so
at
the
common
law
,
and
saith
not
,
that
the
abett●rs
,
aiders
,
comforters
,
or
consenters
shall
be
felons
,
yet
it
shall
be
felony
in
them
,
Dal.
292
,
297.
Lam.
285.
Who
not
.
The
felony
commanded
is
executed
on
another
person
,
the
commander
is
not
accessary
,
Lam
,
287
,
288.
The
commanded
performing
more
then
was
commanded
,
committeth
felony
,
the
command
is
not
accessary
,
Lam.
287.
The
commander
of
one
felony
to
be
done
to
a
man
,
is
not
accessary
to
another
kind
of
felony
committed
against
the
said
party
:
as
,
one
counselled
to
poison
A.
giveth
it
to
A.
and
B.
the
counseller
is
not
accessary
to
the
murder
of
B.
Lamb.
287
,
288.
Commander
or
counseller
to
a
fact
countermandeth
it
before
it
be
done
,
Lam.
289.
Dal.
293.
Cro.
42.
a
,
nu.
16.
The
knower
of
a
felony
without
consenting
,
Lamb.
280.
But
such
concealment
is
fineable
,
Cro.
41
▪
b.
nu.
●
.
Dal.
294.
One
not
party
not
privy
who
is
present
at
a
felony
,
and
doth
not
disturb
it
,
nor
pursue
the
felon
,
is
fineable
,
Lam.
289.
Dal.
292.
Accessary
after
the
fact
.
Receiver
of
a
felon
,
knowing
him
to
be
one
,
and
suffering
him
to
escape
,
whether
before
or
after
attainder
,
Crom.
41.
a.
nu.
1.
Dalt
.
294.
Receiver
or
comforter
of
a
felon
with
an
evil
intent
.
Lam.
289.
Dal.
294.
Arrester
of
a
felon
by
hue
and
cry
taketh
the
goods
and
letteth
him
go
,
Lam.
290.
One
pursuing
a
felon
for
his
own
goods
,
taketh
money
of
him
not
to
give
evidence
against
him
,
whereby
he
is
freed
,
Lam.
290.
Receiver
or
comforter
of
an
accessary
,
knowing
thereof
,
Lam.
291.
Dal.
297.
Receiver
of
ones
brother
,
knowing
him
to
be
a
felon
,
Lam.
291.
Dal.
295
,
Receiver
of
an
approver
,
or
one
attainted
or
outlawed
of
felony
,
knowing
thereof
,
Lam.
293.
To
harbour
a
felon
attainted
in
the
same
County
,
Cro.
43.
a.
nu.
31.
Dal.
294.
But
Lamb.
293.
holdeth
it
reasonable
that
he
first
have
knowledge
of
such
a
record
.
Receiver
of
stolen
goods
,
knowing
them
to
be
stollen
,
Cro.
41.
b.
nu.
3.
many
authorities
remembred
:
but
42.
a.
nu.
17.
he
saith
,
that
he
must
receive
the
felon
also
.
V●de
Cro.
&c.
Vide
Crom.
42.
b.
nu.
23.
&
43.
b.
nu.
37.
Dal.
295.
Who
not
.
Asutor
by
word
or
writing
for
the
diliverance
of
a
felon
,
knowing
thereof
,
Lamb.
289
,
290.
Dal.
294.
Pursuer
of
a
felon
for
his
own
goods
,
taketh
them
again
,
and
letteth
him
go
,
Lamb.
290.
Dal.
296.
Reliever
or
receiver
of
one
bailed
for
felony
,
Lam.
290.
Cro.
42.
b.
nu.
25
Dal.
294.
Buyer
of
stollen
goods
,
knowing
thereof
,
Lam.
291.
unless
he
receive
the
felon
,
Crom.
42.
a.
nu.
17.
Dal.
295.
The
wise
receiving
the
husband
,
knowing
him
to
be
a
felon
,
Lam.
291
,
292.
Dal.
295.
Receiver
of
the
striker
of
the
stroke
,
after
the
stroke
,
and
before
the
death
,
Lam.
292.
After
acquital
as
principal
,
one
may
be
arraigned
as
accessary
after
the
fact
,
but
not
before
the
fact
,
Lamb
,
292
,
557.
Crom.
42.
b.
nu.
18.
One
may
be
accessary
to
an
accessary
:
as
,
if
one
feloniously
receive
or
comfort
an
accessary
,
Dalt
.
297.
Lamb.
291.
Cro.
42.
b.
nu.
24.
Who
shall
be
said
a
Principal
.
Those
of
the
society
of
a
felon
,
and
present
at
the
fact
,
though
not
actors
,
Stamf
▪
40.
a.
Cro.
22.
a.
nu.
10
,
15.
Dal.
291.
An
abetter
,
procurer
,
or
receiver
of
a
woman
,
knowing
her
to
be
taken
away
contrary
to
the
Statute
,
3
H.
7.
cap.
2.
Lamb.
285.
Accessary
in
one
County
to
a
felony
done
in
another
County
,
may
be
indicted
where
he
becometh
accessary
,
2
&
3
Ed.
6.
cap.
24.
Dal.
297.
It
is
no
good
indictment
against
an
accessary
,
to
say
,
that
he
received
the
goods
,
without
saying
he
received
the
felon
,
Lamb.
500.
291.
Acquital
,
vide
Enditements
.
Additions
.
In
every
indictment
or
presentment
where
outlawry
lieth
,
the
estate
of
degree
or
mystery
,
the
county
,
town
,
hamlet
,
or
place
where
the
indicted
dwelleth
,
are
to
be
added
,
1
H.
5.
c.
5.
Lam.
488.
What
shall
be
a
good
addition
of
degree
or
estate
.
Duke
,
Marquess
,
Earl
,
Vicount
,
Archbishop
,
Bishop
,
Baron
,
Knight
,
Serjeant
at
law
,
Esquire
,
Gentleman
,
Alderman
,
Widow
,
single
Woman
,
Dean
,
Arch-deacon
,
Parson
,
Doctor
,
Clark
,
Parish-clark
,
Lam.
488
,
489
,
490.
What
not
.
Such
as
are
common
to
many
degrees
,
as
to
Gentlemen
and
Yeomen
,
are
uncertain
,
as
Farmer
,
Servant
,
Butler
,
Chamberlain
,
Lam.
489.
Cro.
109.
a.
6.
nu.
8.
What
shall
be
a
good
addition
of
mystery
.
Chopchurch
,
Merchant
,
Gro●er
,
Mercer
,
Tailor
,
Broker
,
Husbandman
,
Hostle●
▪
Lighter-man
,
Waterman
,
Labourer
,
La●
▪
489.
What
not
.
That
which
is
no
mystery
nor
degree
,
●
Citizen
;
nor
any
unlawful
trade
,
as
Extortioner
,
Maintainour
,
Vagabond
,
Heretick
,
Dicer
,
Carder
,
&c.
Lam.
489.
Addition
of
degree
or
mystery
must
be
as
the
party
then
is
.
But
addition
of
the
place
may
be
such
whereof
he
was
,
Lam.
489
,
490.
Additions
Br.
41.
Addition
of
degree
and
mystery
must
be
knit
to
the
proper
person
,
Lam.
489.
The
Statute
of
the
1
H.
5.
cap.
5.
of
additions
,
doth
not
extend
to
informations
,
Lamb.
510.
What
shall
be
a
good
addition
of
Place
.
Either
of
the
Town
or
Parish
,
if
they
be
both
of
one
name
,
Lam.
490.
Of
the
Town
onely
,
where
there
be
two
Towns
in
one
Parish
,
Lamb.
490.
Either
of
the
Town
or
Hamlet
,
if
there
be
two
Hamlets
in
one
Town
,
Lam.
490.
Of
the
Town
,
if
the
person
be
of
a
place
known
within
the
Town
,
Lam.
ibid.
Addition
must
comprehend
the
County
,
Town
,
or
Hamlet
,
whereof
the
party
is
or
was
,
Lam.
ibid.
What
not
.
Of
the
place
where
he
is
Parson
,
without
●●ming
the
place
of
his
aboade
,
Lamb.
ibid.
Affray
and
Affrayers
.
An
Affray
may
be
without
word
or
blow
:
●s
,
to
be
armed
with
armour
or
weapon
not
●sually
born
,
Lam.
126.
It
is
no
affray
properly
unless
there
be
some
weapon
drawn
,
or
stroke
given
,
or
offered
to
be
given
;
or
some
such
attempt
,
Dal.
34.
Constable
or
other
Officer
may
lay
no
hands
on
any
intending
to
make
an
affray
,
till
weapon
drawn
or
offer
of
blow
,
Dal.
34.
Lam.
132.
Cro.
146.
a.
An
affray
is
in
an
house
,
and
the
doors
are
shut
,
the
Constable
may
break
into
the
house
to
see
the
peace
kept
,
Dal.
34.
If
the
Affrayers
flie
into
another
house
,
in
to
a
Franchise
or
other
County
,
the
Constable
upon
fresh
suit
may
pursue
them
,
but
cannot
meddle
out
of
the
County
,
but
as
a
private
man
,
Dal.
34.
Affrayer
may
be
commanded
by
the
Constable
or
other
officer
to
avoid
upon
pain
of
imprisonment
:
And
if
the
affray
be
great
,
they
may
make
proclamation
,
and
command
the
parties
to
prison
for
a
small
time
,
whom
he
must
deliver
without
fine
,
Lamb.
132.
Dal.
34.
After
an
affray
,
a
Justice
of
Peace
may
commit
the
offenders
till
they
finde
sureties
(
if
the
affray
were
in
his
presence
;
)
if
out
of
his
presence
,
he
may
send
his
Warrant
,
and
commit
them
till
they
do
finde
sureties
.
Vide
Surety
of
the
peace
.
If
a
man
be
dangerously
hurt
,
and
the
wound
mortal
,
although
the
Justic●
of
Pea●
may
bail
the
offender
,
yet
it
is
the
safest
wa●
to
commit
him
till
there
appear
some
hop●
of
recovery
,
Dal.
35.
If
an
assault
or
affray
be
made
upon
Justice
or
Constable
,
they
may
defen●
themselves
.
The
Justice
may
cause
them
to
be
arrested
,
the
Constable
may
commi●
them
to
the
Stocks
,
and
after
carry
them
before
a
Justice
of
Peace
,
Dal.
35.
Vid●
Peace
.
An
affray
is
in
a
corporate
Town
(
which
hath
Justices
within
it self
)
while
the
Sessions
be
held
there
:
the
Justices
of
Peace
shall
not
meddle
there
;
but
it
is
otherwise
at
the
Assises
,
Cro.
146.
b.
Every
private
man
present
at
an
affray
,
assault
,
or
battery
,
may
part
them
,
stay
them
that
come
to
the
affray
with
weapon
,
stay
the
affrayers
till
the
heat
be
over
,
and
then
deliver
them
to
the
Constable
;
but
may
not
commit
them
,
unless
one
of
the
affrayers
be
in
peril
of
death
.
And
if
he
flie
into
a
house
,
upon
Hue
and
Cry
break
open
the
house
,
and
take
him
,
Dal.
33.
Lamb.
131.
Cro.
146.
a.
V●de
plus
Constable
.
Agnus
Dei
,
Crosses
,
Beads
,
&c.
If
any
person
to
whom
any
of
these
,
or
any
other
superstitious
things
from
the
See
of
Rome
or
authority
thereof
be
offered
.
do
disclose
the
name
,
dwelling
,
or
place
of
resort
of
such
offerer
or
deliverer
to
any
Justice
of
Peace
of
the
same
Shire
,
the
same
Justice
must
within
fourteen
daies
next
after
declare
the
same
to
some
one
of
the
privy
Councel
,
●
pain
of
Praemunire
,
13
El.
cap.
2.
Dal.
105.
●●e
plus
Treason
,
Misprision
,
and
Praemunire
.
Alehouses
.
Two
Justices
,
one
being
of
the
Quorum
,
●ay
licence
one
to
keep
a
common
Ale-●ouse
,
taking
bond
with
good
surety
for
●ood
rule
to
be
kept
in
his
house
,
5
Ed.
6
cap.
25.
And
an
Alehouse-keeper
put
down
by
two
such
,
cannot
be
allowed
by
any
other
two
but
in
open
Sessions
,
Dal.
29.
Twelve
pence
is
given
to
the
two
Justices
of
Peace
,
for
taking
a
recognizance
of
him
that
is
allowed
to
keep
a
Common
Alehouse
,
5
Ed.
6.
cap.
25.
Lam.
370.
Condition
of
a
recognizance
for
an
Alehouse
,
Lam.
354.
He
that
keepeth
an
Alehouse
of
his
own
authority
,
without
licence
of
two
Justices
,
one
being
of
the
Quorum
,
or
after
prohibition
of
two
such
Justices
,
may
by
two
such
Justices
be
committed
to
prison
for
three
daies
without
bail
,
and
till
he
be
bound
with
two
sureties
to
keep
none
after
,
Dal.
29.
Lam.
354.
Vide
Stat.
3
Car.
3.
which
alloweth
selling
of
beer
and
ale
in
Fairs
(
though
unlicensed
:
)
As
also
the
punishment
of
persons
unlicensed
.
Information
of
the
offence
,
and
recognizance
taken
by
two
Justices
,
one
being
of
the
Quorum
,
of
an
Alehouse
kept
against
the
Statute
of
5
Ed.
6.
ca.
25.
and
certified
by
them
to
the
Sessions
,
is
a
sufficient
conviction
without
further
trial
at
the
Sessions
:
and
they
may
assess
the
fine
of
20
shillings
without
making
process
against
the
offender
,
Lam.
572.
Information
made
in
Sessions
,
that
an
Alehouse-keeper
hath
done
an
act
,
whereby
he
hath
forfeited
his
recognizance
,
they
may
award
process
against
him
,
to
shew
why
he
should
not
forfeit
his
recognizance
.
Quaere
what
process
,
Lam.
524
,
529.
Enquiry
whether
Alehouse-keepers
have
forfeited
their
recognizance
,
ought
to
be
at
the
Quarter-Sessions
,
5
Ed.
6.
25.
Fines
imposed
by
the
Stat.
of
5
Ed.
6.
cap.
25.
concerning
Alehouses
cannot
be
altered
by
the
Justices
of
Peace
5
Ed.
6.
c.
25.
Lam.
578.
Justices
of
Peace
must
certifie
the
recognizance
taken
for
Alehouses
at
the
next
Quarter
Sessions
after
they
are
taken
,
or
lose
5
Marks
,
5
Ed.
6.
cap.
25.
Any
directly
or
indirectly
selling
Ale
or
Beer
unto
any
Alehouse-keeper
not
licensed
,
more
then
for
his
necessary
provision
for
his
houshould
,
shall
lose
after
the
rate
of
6
shillings
8
pence
for
every
barrel
.
For
the
levy
and
disposal
of
the
penalty
,
see
Victuals
4
Iac.
4.
Alehouse-keeper
or
Inne
keeper
suffering
any
tipling
contrary
to
the
1
Iac.
cap.
9.
4
Iac.
cap.
5.
7
Iac.
cap.
10.
21
Iac.
cap.
7.
forfeiteth
10
shillings
,
and
every
such
tipler
3
shillings
4
pence
:
for
not
ability
of
paiment
,
the
Alehouse-keepers
,
&c.
to
be
committed
to
the
Gaol
till
the
penalty
be
payed
,
which
penalty
is
to
be
paid
within
6
daies
,
or
the
distress
to
be
sold
,
1
Iac.
cap.
9.
the
tipler
to
the
tocks
for
four
hours
,
4
Iac.
cap.
5.
Dalt
.
28.
Car.
4.
Justice
of
Peace
hath
power
in
those
cases
●o
minister
an
oath
to
witnesses
,
wherein
●ath
of
one
.
witness
is
sufficient
,
1
Car.
cap.
4.
●
Iac.
9.
21
Iac.
7.
The
Constables
and
Churchwardens
neg●ecting
to
levie
,
or
to
certifie
the
cause
●hereof
by
20
daies
to
the
Justice
that
granted
the
distress
,
doe
forfeit
40
shillings
●n
default
thereof
to
be
sent
to
the
Gaol
till
paiment
be
made
,
1
Iac.
cap.
9.
Dal.
28.
Cro.
78.
a.
Alehouse
keepers
and
Inne-keepers
ought
to
lodge
travellers
.
Quaere
how
he
is
compellable
,
and
see
the
opinion
of
Sir
Iames
Ley
chief
Justice
at
Lent
Assises
,
1622.
Dal.
28.
No
Inne-holder
,
Alehouse-keeper
,
or
other
Victualler
shall
be
compelled
to
sell
victuals
to
others
,
or
to
have
lodging
,
except
the
party
first
pay
ready
money
,
Dal.
28.
Cok.
lib.
9.
fol.
87.
b.
Brook
,
action
surle
case
76.
Selling
of
less
then
a
full
Ale-quart
of
best
Beer
or
Ale
for
1
d.
and
of
2
quarts
of
small
for
1
d.
upon
oath
of
one
witness
,
the
penalty
is
20
shillings
,
1
Iac.
cap.
9.
4
Iac.
c.
5.
21
Iac.
cap.
7.
Dal.
26.
Any
tippling
in
any
Inne
,
Alehouse
,
or
Victualling-house
,
wheresoever
his
habitation
be
,
forfeiteth
3
shillings
4
pence
,
21
Iac.
cap.
7.
Dal.
28.
A
feme
covert
keepeth
an
Alehouse
,
and
selleth
Ale
,
&c.
without
license
,
contrary
to
her
husbands
will
,
the
husband
is
punish
able
,
Dal.
30.
The
voluntary
confession
before
one
Justice
of
Peace
of
any
offender
against
the
Statute
of
1
Iac.
cap.
9.
or
4
Iac.
cap.
5.
i●
sufficient
to
convince
the
party
offending
.
And
after
confession
,
the
oath
of
the
party
confessing
is
proof
against
any
other
offending
at
the
same
time
,
Dal.
26.
21
Iac.
cap.
7.
Alehouse-keepers
are
disabled
to
keep
Alehouse
for
three
years
after
;
1.
If
they
suffer
tipling
,
Dal.
31.
2.
If
they
sell
not
a
quart
of
the
best
,
and
two
quarts
of
smal
Beer
or
Ale
for
a
peny
,
Ib●d.
3.
If
they
be
convicted
by
Indictment
at
the
Assises
,
Sessions
,
or
Leet
,
for
being
drunk
,
4
Iac.
cap.
5.
or
before
one
Justice
upon
oath
of
one
witness
,
21
Iac.
cap.
7.
4.
Continue
drinking
in
another
Alehouse
,
7
Iac.
10.
4
Iac.
5.
Dal.
32.
Vide
plus
Victuallers
confession
.
In
all
these
cases
,
if
he
be
licensed
again
within
three
years
,
such
license
is
void
,
and
he
to
be
punished
as
victualling
without
licence
.
Dal.
32.
If
any
unlicensed
Alehouse-keepers
be
convicted
by
the
view
of
any
Justice
of
the
Peace
,
confession
of
the
offender
,
or
oath
of
two
witnesses
,
he
loseth
twenty
shillings
to
the
use
of
the
poor
of
the
Parish
,
to
be
levied
by
way
of
distress
by
warrant
from
the
Justice
of
Peace
convicting
,
and
within
three
daies
to
be
sold
,
3
Car.
cap.
3.
Where
there
is
no
sufficient
distress
or
non-paiment
,
within
six
daies
after
conviction
,
the
offender
is
to
be
openly
whipped
as
the
Justice
of
Peace
shall
limit
,
3
Car.
cap.
3.
The
Officer
refusing
or
neglecting
to
execute
the
Justice
his
precept
,
is
to
be
committed
to
the
Goal
,
until
he
do
or
procure
the
offender
to
be
whipped
,
or
pay
40
shillings
to
the
use
of
the
poor
of
the
said
Parish
3
Car.
c.
3.
The
second
offence
is
commitment
to
the
house
of
Correction
for
a
moneth
,
Ibid.
The
third
offence
is
to
remain
in
the
house
of
Correction
till
he
be
delivered
at
the
general
Sessions
,
Ibid.
He
that
is
punished
by
the
Act
3
Car.
3.
not
to
be
punished
by
the
Statute
,
5
Ed
6
,
cap.
25
&
è
contr
.
Alias
dictus
,
vide
Eudictment
.
Alien
and
his
trial
,
vide
Trial.
Allegiance
,
vide
Supremacy
.
.
Amerciaments
.
The
owner
of
a
beast
,
knowing
it
to
be
harmful
,
and
not
restraining
it
,
whereby
it
killeth
one
,
is
to
be
arraigned
for
his
death
,
and
amerced
for
the
King
,
Lamb.
239.
Cro.
24.
nu.
45.
Dal.
238.
Offenders
in
gathering
more
amerciaments
then
are
in
their
lawful
estreats
,
to
be
convicted
by
two
Justices
,
one
to
be
of
the
Quorum
,
appointed
by
the
Custos
Rotulorum
,
or
in
his
absence
by
the
eldest
of
the
Quorum
,
for
the
oversight
of
the
Sheriffs
,
11
H.
7.
c.
15.
Estreats
of
Amerciaments
must
be
by
Indenture
between
the
two
Justices
appointed
for
oversight
of
Sheriffs
books
,
and
the
Sheriff
or
under
Sheriff
under
their
seals
,
or
else
the
Sheriff
to
lose
40
shillings
,
11
H
7.
cap.
15.
No
amerciament
for
default
of
appearance
,
when
the
Sessions
are
not
summoned
by
precept
,
Lam.
381.
or
when
the
Summons
is
at
one
place
,
and
kept
at
another
,
Ibid.
Or
when
the
Sessions
were
the
same
time
at
two
places
,
and
the
party
appeared
at
one
of
them
,
Lam.
384.
Justices
of
Peace
cannot
amerce
their
fellow
for
absence
from
the
Sessions
:
but
a
Justice
of
Assise
may
amerce
a
Justice
of
Peace
for
his
absence
from
the
Goal-delivery
,
Lam.
385.
Clerk
of
the
Peace
,
Coronors
,
Sheriffs
,
Bailiffs
of
Franchises
,
Constables
of
Hundreds
,
may
be
amerced
for
default
of
appearance
at
Sessions
,
Lam.
395.
Amerciaments
of
Jurors
for
concealment
.
Vide
Jurors
,
Lam.
400
,
401.
3
H
7.
cap.
1.
Appearance
.
Recognizance
taken
for
the
Peace
against
all
the
Kings
people
,
and
to
appear
at
the
next
Sessions
by
Supersedeas
out
of
the
Chancery
,
testifying
surety
found
there
against
all
the
Kings
people
for
ever
,
will
discharge
the
appearance
of
the
next
Quarter
Sessions
.
Otherwise
it
is
,
if
it
be
but
untill
a
day
certain
,
Lam.
112.
Dal.
173.
Who
shall
be
amerced
for
default
of
appearance
,
and
who
not
,
vide
Amerciaments
.
Release
.
Appeachment
,
vide
Approvers
.
.
Appeal
.
Justices
of
Peace
can
take
no
appeal
of
any
felony
,
Lam.
550.
Stamf.
65.
a.
quaere
tamen
.
Appeal
of
robbery
,
vide
Attainder
.
Apprentices
.
One
thought
fit
to
be
bound
as
an
Apprentice
upon
complaint
made
,
and
refusing
to
be
bound
,
shall
be
committed
till
he
will
be
bound
,
5
El.
4.
Dal.
78.
Upon
complaint
of
an
Apprentice
,
one
Justice
may
take
order
betwixt
his
master
and
him
,
and
for
want
of
conformity
in
the
master
,
may
bind
him
to
appear
at
the
Quarter
Sessions
,
Dal.
78.
and
to
be
discharged
by
four
Justices
.
If
default
be
in
the
●pprentice
,
it
seemeth
one
Justice
may
send
him
to
the
house
of
Correction
,
Dal.
78.
Assent
of
two
Justices
is
sufficient
to
the
Churchwardens
or
Overseers
,
or
the
most
of
them
,
to
bind
as
apprentices
the
sons
of
poor
parents
,
not
able
to
keep
and
maintain
them
,
till
24
years
of
age
,
or
their
daughters
till
21
years
of
age
,
39
El.
ca.
3.
43
El.
ca.
2
Dal.
83.
Lam.
331.
21
Jac.
c.
28.
continued
by
1
Jac.
c.
25.
Disposition
of
money
given
for
putting
forth
apprentices
,
and
the
nomination
and
placing
of
them
must
be
by
the
Corporation
,
and
in
Towns
not
corporate
by
the
Parson
or
Vicar
,
Cunstable
,
Church-warden
,
and
Overseers
for
the
time
being
,
or
most
part
of
them
,
the
same
to
be
according
to
the
will
of
the
Giver
:
And
any
of
the
disposers
forbearing
and
refusing
to
dispose
of
the
money
,
whereby
it
is
not
disposed
,
shall
lose
3
pounds
6
shillings
8
pence
,
one
moiety
to
the
poor
of
the
Parish
,
the
other
to
the
Informer
7
Jac.
ca.
3.
Disposers
of
such
money
given
for
apprentices
,
are
to
take
bond
with
two
sureties
of
such
master
or
mis●ress
,
for
such
money
as
they
shall
so
receive
,
for
the
repaiment
thereof
at
the
end
of
seven
years
,
or
three
months
after
,
7
Iac.
cap.
3.
Or
if
the
apprent●ce
die
within
7
years
,
then
to
repay
the
money
within
one
year
after
such
master
or
mistress
death
,
7
Iac.
ca.
3.
The
master
or
mistress
dying
within
seven
years
,
the
disposers
are
with
the
said
money
to
put
out
the
said
apprentice
to
some
of
the
said
Trade
,
to
serve
out
the
residue
of
his
5
years
,
7
Ia.
ca.
3.
Money
given
for
putting
forth
apprentices
,
is
to
be
disposed
within
three
months
after
the
receit
,
ibid.
None
above
15
years
old
are
to
be
placed
by
the
disposers
,
and
those
to
be
of
the
poorer
sort
;
and
for
want
of
such
they
may
chuse
others
of
the
Parish
next
adjoyning
,
Ibid.
Disposers
of
money
for
Apprentices
are
to
account
before
two
Justices
next
adjoyning
yearly
in
Easter
week
,
or
within
a
moneth
after
;
and
within
ten
daies
after
such
accompt
made
,
must
deliver
all
such
mony
and
bonds
remaining
in
their
hands
,
to
such
as
succeed
in
their
rooms
,
Ibid.
He
is
no
Apprentice
,
if
he
be
not
re●ained
by
Indenture
,
and
by
the
name
of
an
apprentice
expresly
,
Cro.
185.
b.
Breakers
of
trust
for
disposing
money
given
for
apprentices
,
are
to
be
examined
and
redressed
by
Commission
out
of
Chancery
returnable
within
3
moneths
,
and
the
party
grieved
by
an
act
of
the
Commissioners
is
to
be
relieved
upon
his
Bill
in
Chancery
,
7
Jac.
cap
:
3.
Certificate
to
the
head-officer
of
City
or
Borrough
,
that
the
parents
of
an
apprentice
to
a
Merchant
,
Mercer
,
Draper
,
Goldsmith
,
Ironmonger
,
Embroderer
,
or
Clothier
,
may
dispend
40
shill.
freehold
,
must
be
under
the
hands
and
seals
of
three
Justices
where
the
land
lieth
5
El.
c.
4.
Apprentice
is
to
be
discharged
by
four
Justices
in
open
Sessions
,
Dal.
79.
The
discharge
of
an
apprentice
is
to
be
inrolled
by
the
Clarke
of
the
Peace
,
5
El.
c.
4.
Vide
plus
abourers
.
A
master
putteth
his
apprentice
into
apparrel
,
he
cannot
take
it
away
,
though
he
part
with
his
apprentice
,
Dal.
96.
Every
housholder
having
half
a
plough-land
in
tillage
may
take
an
apprentice
betwixt
the
age
of
10
and
18.
to
serve
in
husbandry
,
which
must
be
by
Indenture
,
5
Eliz.
cap.
4.
Approvers
or
Appeachers
.
Goaler
,
keeper
,
or
under-keeper
,
by
pain
compelleth
his
prisoner
to
become
an
appeacher
of
others
,
it
is
fellony
,
14
E.
3.
cap.
10.
Justices
of
Peace
can
take
no
appeal
of
an
approver
,
Lam
,
550.
Stamf.
144.
a.
Dal.
320
,
One
fellon
accuseth
another
before
the
Justices
of
Peace
;
they
may
take
his
confession
and
reprieve
him
,
and
so
proceed
against
the
other
,
Lam.
551.
Archery
.
Justices
of
Assise
,
Goal-delivery
,
and
of
the
Peace
,
and
Stewards
of
Leets
have
power
to
enquire
,
hear
,
and
determine
of
the
Statute
33.
H.
c.
9.
and
also
by
their
descretion
examine
all
persons
lacking
and
not
having
bows
,
shafts
and
arrows
,
according
to
the
form
of
the
said
Statute
,
viz.
being
under
60.
years
,
and
have
not
in
his
house
bow
and
arrows
,
or
have
not
used
shooting
.
And
every
man-child
between
7
and
17
years
of
age
,
not
having
a
bow
and
two
shafts
,
and
above
17
years
,
four
shafts
,
he
loseth
for
every
moneth
6
shill.
8.
pen.
Lam.
481.
33
H.
8.
cap.
9
Armour
.
Any
(
except
the
Kings
Officers
and
their
company
doing
their
service
)
riding
or
going
armed
,
or
bringing
force
in
a
fray
of
the
people
are
to
be
imprisoned
,
and
lose
their
armour
,
2
E.
3.
cap.
3.
Dal.
35.
Cro.
76.
a.
Justices
of
the
Peace
not
looking
to
the
execution
of
the
Statute
of
fearing
the
country
with
going
or
riding
armed
,
upon
enquiry
by
the
Judges
of
Assise
,
are
to
be
by
them
penished
,
2
Ed.
3
cap.
3.
The
counterpain
of
the
Indenture
of
armour
to
be
kept
by
the
Clark
of
the
Peace
,
4
&
5
Ph.
&
Ma.
cap.
2.
The
Statute
4
&
5
Ph.
&
Ma.
concerning
keeping
of
horses
and
armour
,
with
the
penalties
thereof
,
are
replyed
,
1
Jac.
c.
25.
Armour
and
Munition
of
a
Recusant
convicted
,
being
in
his
own
possession
,
or
at
his
dispose
,
other
then
such
as
shall
be
thought
meet
for
the
defence
of
his
person
and
house
,
by
warrant
of
four
Justices
at
the
Quarter
Sessions
are
,
to
be
seised
and
kept
at
such
place
as
the
four
Justices
at
the
Sessions
shall
appoint
,
at
the
cost
of
the
owners
;
and
they
,
concealing
or
disturbing
the
delivery
of
it
,
lose
the
armour
and
munition
,
and
by
warrant
from
any
Justice
of
Peace
,
to
be
imprisoned
3
moneths
without
bail
,
3
Jac.
c.
5.
Recusant
having
his
armour
seised
,
is
to
be
charged
with
such
armour
and
horse
,
as
he
and
other
of
his
Majesties
Subjects
shall
be
commanded
to
serve
with
at
musters
,
3
Jac.
ca.
5.
Any
Justice
of
Peace
may
arrest
any
(
except
the
Kings
officers
,
and
such
as
do
him
service
)
that
go
armed
,
and
bind
them
to
the
peace
,
or
good
behaviour
,
Cro.
76.
a.
Dal.
30.
Lam.
of
Const.
13.
A
Justice
of
Peace
may
cause
weapons
to
be
taken
from
prisoners
brought
before
him
,
Dal.
●6
.
No
servant
in
husbandry
,
artificer
,
victualler
,
or
labourer
,
shall
wear
sword
or
dagser
12
R.
2.
c.
6.
Dal.
36.
Cro.
76.
b.
Arrests
.
An
Arrest
is
a
certain
restraint
of
a
mans
person
,
depriving
it
of
its
own
will
and
liberty
,
and
binding
it
to
become
obedient
to
the
will
of
the
law
,
Dal.
343.
La.
93.
Cro.
38.
a.
nu.
1.
All
lay
persons
under
the
degree
of
a
Baron
or
Peer
of
the
Realm
,
are
subject
to
an
arrest
,
Lam.
93.
Dal.
343.
Ecclesiasticall
persons
not
attendant
upon
divine
Service
,
may
be
arrested
for
the
peace
,
Lam.
ibid.
Dal.
166.
Constable
or
Justice
of
Peace
comming
to
arrest
an
affraier
,
if
he
flie
into
another
house
,
they
may
in
fresh
suit
break
open
the
door
,
and
take
him
:
So
if
he
flie
into
another
County
,
Lam.
134
Dal.
34.
All
that
come
to
the
Sessions
for
publick
service
,
or
upon
compulsion
,
upon
complaint
and
examination
of
the
matter
by
oath
,
shall
be
freed
from
any
arrest
upon
originall
process
,
Lam.
402.
Bailiff
taking
above
4
pence
for
any
arrest
shall
forfeit
40
li.
23
H.
6.
ca.
10.
The
officer
ought
to
require
the
party
to
come
and
finde
surety
of
the
peace
,
before
he
arrest
him
,
by
the
opinion
of
5
Ed.
4.
31.
Lam.
90.
Dal.
166.
If
one
required
by
the
officer
upon
warrant
to
finde
surety
of
the
peace
,
resuse
,
the
officer
by
virtue
of
his
warrant
may
convey
him
to
prison
,
Lam.
92.
Dal.
171.
In
all
criminall
causes
where
one
incurreth
loss
of
member
,
or
of
life
,
every
man
may
arrest
him
,
whether
he
have
warrant
or
not
Dal.
344.
But
where
a
private
man
arresteth
any
in
the
cases
aforesaid
,
he
ought
to
deliver
him
to
the
constable
,
or
some
officer
Dal.
348.
When
a
felony
is
committed
.
1.
any
man
that
suspects
another
may
arrest
him
:
2.
or
if
there
be
common
fame
that
he
committed
the
felony
:
3.
or
if
he
be
prosecuted
with
hue
and
cry
:
4.
or
if
he
be
in
company
of
the
offenders
:
5.
or
he
apparantly
go
about
to
commit
a
felony
,
Dal.
345.
vide
Cro.
99.
b.
A
man
is
slain
,
or
a
felony
committed
,
and
an
innocent
party
is
arrested
for
the
same
;
he
cannot
be
delivered
but
by
order
of
law
.
Cro
,
40.
b.
n.
20.
Dal.
279
,
304.
Lam.
233.
A
Constable
taking
an
affraier
,
may
not
imprison
him
in
his
house
,
but
in
the
Stocks
,
Lam.
133.
Vide
Riot
,
Sheriff
,
Prison
.
Arraignment
.
Arraignment
is
commonly
a
compulsory
coming
of
one
indicted
of
a
matter
touching
life
or
such
hainous
offence
,
and
a
pleading
not
guilty
,
Lam
546.
One
coming
in
freely
,
and
indicted
of
an
inferiour
offence
,
may
be
arraigned
,
Lam.
●47
.
One
arra●gned
of
felony
,
if
his
case
will
serve
may
plead
a
justification
or
matter
in
law
,
Lam
547.
And
the
Court
shall
assigne
him
councell
,
Cro.
110.
nu.
5.
He
that
is
arraigned
of
felony
shall
have
leave
to
bring
him
into
the
Court
who
sold
the
thing
to
him
,
and
the
Court
shall
assign
him
councell
,
Cro.
110.
a
nu.
3.
Artificers
,
vide
Labourers
.
.
Assault
.
Assault
cannot
be
made
without
the
offer
of
some
hurtful
blow
,
or
at
least
of
some
fearful
speech
,
Lamb.
26.
To
rebuke
a
collector
with
foul
words
,
so
that
he
depart
with
fear
,
without
doing
his
office
,
was
taken
for
an
assault
,
Lamb.
ib.
To
strike
at
a
man
,
although
he
were
neither
hurt
nor
hit
with
the
blow
,
is
an
assault
,
Lamb.
ibidem
.
Maker
of
an
assault
,
battery
,
or
other
trespass
upon
the
body
of
another
,
is
to
be
fined
.
Servant
or
workman
,
convicted
by
confession
of
two
witnesses
,
before
two
Justices
of
Peace
,
of
maliciously
assaulting
Master
,
Dame
,
or
Overseer
,
is
to
be
imprisoned
a
year
,
and
any
other
corporal
punishment
saving
life
and
member
,
5
Eliz.
cap.
4
,
&
5.
Dal.
80.
Cro
84.
a.
If
another
assault
me
,
if
I
may
escape
with
my
life
,
it
is
not
lawful
for
me
to
beat
the
other
,
Dal.
210.
An
attempt
is
made
to
beat
a
man
,
his
wife
,
father
,
or-mother
,
or
any
of
his
children
within
age
,
he
may
lawfully
use
force
to
resist
it
,
and
may
justifie
the
beating
of
the
other
,
Dal.
210.
Yet
by
opinion
of
Ely●t
,
12
H.
3.
fol.
2.
b.
it
is
not
lawful
,
except
there
be
such
peril
as
another
is
like
to
perish
if
there
be
no
help
,
Dal.
184.
210.
A
man
taketh
away
my
goods
which
are
in
my
possession
,
I
may
take
them
again
with
force
,
Cro.
65.
b.
nu.
60
,
61.
&
137
a.
Dal.
181.
But
I
must
first
lay
my
hands
on
him
,
and
disturb
him
,
and
if
he
will
not
leave
then
,
I
may
beat
him
,
rather
then
he
shall
have
my
goods
,
Dal.
ibid.
Assembly
unlawful
,
vide
Unlawful
Assembly
.
.
Assize
of
Bread
and
Beer
.
Any
Brewer
,
or
Baker
,
or
Tipler
,
breaking
the
Assize
of
Bread
and
Ale
,
to
be
fined
,
13
R.
2.
cap.
8.
Lamb.
459.
Any
officer
taking
fine
for
breach
of
the
Assize
of
Bread
and
Ale
,
where
there
ought
to
be
a
corporal
punishment
,
is
to
be
fined
,
13
R.
2.
cap.
8.
Lamb.
459.
Attainder
.
One
attainted
of
felony
may
be
arraigned
for
treason
committed
before
or
after
the
attainder
,
Lamb.
557
,
558.
One
attainted
upon
an
appeal
of
robbery
may
be
arraigned
upon
an
appeal
of
robbery
at
anothers
suit
,
Lamb.
558.
One
attainted
of
felony
,
by
standing
mute
,
may
after
be
arraigned
of
another
felony
,
Lam.
558.
One
attainted
of
felony
cannot
after
be
arraigned
for
another
felony
,
so
long
as
the
first
is
unpardoned
,
unless
it
be
in
the
cases
before
,
Lam.
557.
After
the
attainder
,
the
felons
grant
of
goods
or
lands
bindeth
all
persons
,
except
the
Land-lord
,
to
whom
they
escheat
,
Dal.
303
Indictment
is
,
when
an
offence
is
found
by
the
great
Inquest
,
or
other
Jury
of
inquiry
,
Conviction
is
when
the
offender
is
found
guilty
by
a
second
Jury
,
having
put
himself
to
trial
.
Attainder
is
,
when
after
such
conviction
judgement
is
given
against
the
offende●
.
Dal.
304.
A
wait
lying
,
vid
,
Way-laying
.
.
Averments
.
No
man
shall
be
received
to
aver
or
speak
against
a
record
,
Lam.
63.
Badgers
and
Drovers
.
LIcence
to
Badgers
and
Drovers
,
and
Loaders
of
corn
,
must
be
in
open
Sessions
,
and
there
registred
and
kept
by
the
Clerk
of
the
Peace
,
5
El.
c.
12.
Lam.
610.
Offences
against
the
statute
of
Badgers
and
Drovers
may
be
enquired
of
as
well
by
examination
of
witnesses
,
as
by
presentment
,
5
El.
cap.
12.
The
forfeiture
due
to
the
informer
upon
the
Statute
of
Badgers
and
Drovers
,
is
to
be
levied
by
Fieri
facias
,
or
Capias
,
awarded
by
the
Justice
of
Peace
5
El.
cap.
12.
Clark
of
the
Peace
must
make
and
write
all
Licences
made
to
Badgers
,
Laders
,
and
Drovers
,
and
keep
a
book
to
register
the
same
,
and
the
recognizance
taken
before
the
Justices
of
Peace
,
which
recognizance
must
be
[
That
they
shall
not
do
any
thing
contrary
to
the
statute
5
Ed.
6
c.
14.
provided
against
forestallers
,
]
and
therein
write
the
names
and
surnames
and
places
of
the
licensed
,
with
a
brief
entry
of
the
licence
,
day
,
time
,
and
place
where
it
was
granted
,
and
bring
the
same
to
every
Sessions
,
taking
for
the
licence
xii
d.
for
the
recognizance
viii
d.
and
for
registring
iv
d.
5
El.
cap.
12.
Bailment
.
Bailment
,
Mainprise
,
or
replevin
,
is
the
saving
or
delivering
a
man
out
of
prison
before
he
hath
satisfied
the
law
;
so
by
finding
sureties
to
answer
,
and
to
be
justified
by
the
law
,
Lam
340.
Dal.
312.
He
that
is
bailed
,
is
delivered
into
his
sureties
hands
to
be
kept
,
Cro.
152.
b.
nu.
6.
Stum.
65.
a.
Dal.
312.
I
the
sureties
doubt
the
escape
of
the
prisoner
bailed
,
a
Justice
of
Peace
upon
prayer
may
discharge
the
sureties
,
and
commit
the
party
to
prison
,
Dal.
312.
Cro.
153.
a.
nu.
13.
&
157.
a.
A
Justice
of
Peace
may
cause
the
bailed
to
find
better
sureties
,
Cro.
152.
b.
nu.
4.
Dal.
312.
It
is
requisite
to
take
two
Subsidy-men
for
bail
,
especially
if
it
be
for
felony
,
or
suspicion
thereof
,
Dal.
313.
To
detain
a
prisoner
that
is
bailable
,
is
fineable
,
Dal.
313.
To
bail
one
not
bailable
,
is
a
negligent
escape
,
Dal.
313.
A
Justice
of
Peace
bailing
contrary
to
the
law
,
or
not
certifying
the
bail
and
examination
of
the
felon
,
is
fineable
by
the
Justices
of
Goal-delivery
,
Lamb.
345.
1
&
2
P.
&
M.
c.
13.
Cro.
167.
b.
Dal.
313.
Where
one
is
bailable
,
he
must
offer
sureties
,
Dal.
313.
For
what
offences
a
man
is
not
bailable
by
a
Justice
of
Peace
by
the
statute
of
W.
1.
3
Ed.
1.
15.
Cro.
156.
a.
Lam.
345.
-
1.
Abjured
the
Realm
,
Dal.
316.
-
2.
Approver
or
appellour
,
ibid.
-
3.
Appealed
by
an
approver
,
ibid.
-
4.
Burning
a
house
feloniously
,
ibid.
-
5.
Excommunication
taken
at
the
Bishops
request
,
ibid.
-
6.
Felon
taken
with
the
manner
,
ibid.
-
7.
A
known
thief
and
defamed
,
ibid.
-
8.
Outlawed
,
ibid.
-
9.
Prison-breaker
,
ibid.
-
10.
Traitor
to
the
King
himself
,
ibid.
-
11.
Falsifier
of
the
Kings
money
,
Dal.
317.
-
12.
Counterfeiter
of
the
seal
,
ibid.
-
13.
Attainted
or
convicted
of
felony
,
ibid.
-
14.
Accessary
to
two
felonies
,
if
one
principal
be
attainted
,
Dal.
319.
-
15.
Death
of
man
,
if
he
be
principal
,
ibid.
-
16.
Taken
upon
process
of
rebellion
issuing
out
of
Chancery
or
Star-chamber
,
Lam.
347.
Dal.
320.
-
17.
Arrested
by
Process
,
Writ
,
Bill
,
or
Warrant
,
in
an
action
personal
,
ibid.
-
18
Persons
convicted
of
felony
,
praying
Clergy
and
reprieved
,
Cro.
154.
a.
nu.
2.
Dal.
318.
For
what
other
offences
a
man
is
not
bailable
by
a
Justice
of
Peace
.
A
Justice
of
Peace
is
not
to
bail
but
in
causes
which
he
may
hear
and
determine
,
Lamb.
347.
Dal.
320.
Murder
,
or
any
other
homicide
,
Dal.
315.
Confessing
the
fault
of
manslaughter
,
ibid.
Lumb.
34.
Taken
in
the
manner
for
killing
,
ibid.
Known
to
have
killed
a
man
,
ibid.
By
the
King
or
his
privy
Councel
,
Dal.
316.
By
the
absolute
,
not
ordinary
command
of
the
Kings
Justices
,
ibid.
For
trespasses
in
the
forrest
,
West
.
1.
cap.
15.
Confessing
the
felony
whereof
he
is
accused
,
Cro.
152.
b.
Imprisoned
for
surety
of
the
peace
,
23
H.
6.
c.
10.
Lamb.
346.
Special
commandement
of
any
Justice
,
23
Hen.
6.
cap.
10.
Lamb.
ibid.
Where
Bailment
is
taken
away
by
Statute
,
vide
Lam.
349.
Dal.
320.
For
what
offences
a
man
is
bailable
.
Taken
for
light
suspicion
,
Dal.
317.
Indicted
of
petty
larceny
,
not
being
formerly
guilty
of
another
,
ibid.
Charged
,
1.
With
the
receipt
of
thieves
,
of
felons
,
Dal.
318.
2.
Of
commandment
,
force
or
aid
in
felony
done
,
ibid.
3.
With
the
trespass
that
toucheth
not
loss
of
life
or
member
,
Dal.
319.
West
.
1.
15.
(
if
not
prohibited
by
some
later
Statute
)
appealed
by
an
Approver
,
being
no
common
thief
,
nor
defamed
after
the
death
of
the
Approver
,
Dal.
320.
Indicted
of
manslaughter
,
and
acquitted
,
Lam.
347
,
Acquitted
of
murder
or
manslaughter
at
the
Kings
suit
,
bailable
during
the
year
,
3
H.
7.
cap.
1.
Lam.
347.
Imprisoned
by
process
out
of
the
Sessions
upon
penal
laws
not
forbidding
ba●l
,
bailable
out
of
the
Sessions
by
two
Justices
,
one
being
of
the
Quorum
,
Lam.
348.
Dal.
319.
Accused
of
homicides
which
are
not
felony
.
Accessary
to
felonies
,
Dal.
318.
If
they
be
found
of
good
fame
,
until
the
principal
be
convicted
or
attainted
:
but
after
the
principal
is
attainted
,
he
is
not
bailable
,
except
he
plead
not
guilty
,
or
other
plea
,
Dal.
ibid
,
&
321.
Principal
in
burglary
,
Dal
▪
ibid.
Principal
in
an
indictment
of
robbery
,
Dal.
ibid.
Principal
in
an
appeal
●f
robbery
,
Dal
,
ibid.
Attached
by
Sessions
Process
upon
indictment
of
trespass
may
be
bailed
by
one
Justice
of
Peace
to
appeare
at
the
day
to
answer
the
indictment
,
and
may
make
his
Supersedeas
,
de
cap.
indict
.
and
so
of
the
exigent
,
Dal.
319.
In
every
bailment
which
must
be
by
two
Justices
,
one
of
them
being
of
the
Quorum
,
the
Just
.
must
be
present
together
at
the
time
of
bailment
,
who
before
bail
taken
must
examine
the
prisoners
,
&
receive
the
information
of
them
that
bring
them
:
all
which
with
the
bailment
they
must
put
in
writing
,
signed
or
subscribed
with
their
own
hands
,
and
certified
at
the
next
Goal-delivery
to
be
holden
in
the
County
,
1
&
2
Ph.
&
M.
c.
13.
Dal.
314.
The
said
Justices
have
authority
to
bind
all
persons
that
can
give
evidence
,
to
appear
the
next
Goal-delivery
to
give
evidence
against
the
party
at
the
time
of
his
trial
,
Dal.
303.
Some
statutes
not
only
take
bail
from
the
offenders
thereof
upon
their
solemn
conviction
after
judgement
but
also
upon
the
record
of
one
or
two
Justices
,
or
by
examination
or
proof
of
witnesses
,
or
other
such
private
trial
had
before
them
,
Lam.
349.
For
the
form
of
bailment
,
Lam.
252.
The
form
of
the
liberate
,
Dal.
396.
Lam.
352.
Bailiffs
:
Bailiff
was
punishable
in
false
imprisonment
,
if
he
compel
the
party
to
go
before
any
other
Justice
then
he
chuseth
,
Lam.
89
,
94.
But
now
the
law
is
adjudged
to
be
,
that
the
Bailiff
or
Constable
shall
chuse
the
Justice
Dal.
59.
&
Coke
l.
5.
59.
b.
Fosters
case
.
As
the
Bailiff
may
not
compel
him
that
is
arrested
for
surety
of
the
Peace
,
to
go
before
him
that
granted
the
warrant
;
so
it
is
not
reasonable
that
the
Bailiff
shall
be
drawn
,
out
of
the
division
and
limit
where
they
both
dwell
,
Lam.
95.
Dal.
171.
A
Bailiff
arrests
a
man
without
a
warrant
for
the
Peace
,
and
afterwards
procures
one
,
he
is
punishable
in
false
imprisonment
Dal.
341.
Cro.
149.
a.
Lam.
90.
A
Bailiff
arrests
one
by
warrant
for
the
Peace
,
the
Justice
will
not
binde
the
party
,
n●
action
lieth
against
the
Bailiff
,
Dal.
1.
Lam.
9●
.
Two
Justices
of
Peace
,
one
being
of
the
Quorum
,
may
give
unto
the
Bailiffs
of
Franchises
before
they
exercise
their
offices
,
the
oaths
of
1
El.
of
supremacy
,
&
27
El.
touching
their
offices
,
27
Eliz.
cap.
12.
Bailiff
taking
above
four
pence
for
an
arrest
,
is
to
forfeit
40
li.
23
H.
6.
cap.
10.
and
lose
treble
damage
to
the
party
damnified
.
Bailiff
of
the
Hundred
that
executeth
not
a
warrant
against
any
defendant
in
the
Sheriffs
Court
,
shall
lose
40
shill.
11
H.
7.
c.
15.
Vide
plus
Warrants
.
Bakers
,
vide
Assise
of
Bread
.
.
Barettor
.
A
common
Barettor
is
he
,
who
is
either
a
common
mover
,
stirrer
up
,
or
maintainer
of
suits
in
law
in
any
court
,
or
quarrels
in
the
county
,
Dal.
36.
Lam.
440.
Cro.
84.
a.
and
is
to
be
bound
to
his
good
behavior
,
and
imprisoned
,
Lam.
440.
Vide
plus
Dal.
36.
Coke
8.
36.
Bargain
and
Sale
,
vide
Inrolement
.
Bark
of
Trees
,
vide
Leather
.
.
Bastardy
.
Two
Justices
of
Peace
,
one
being
of
Quorum
,
in
or
next
to
the
Parish
,
where
a
bastard
left
to
the
charge
of
the
Parish
,
or
likely
to
be
chargeable
,
is
born
,
are
to
take
order
for
the
relief
of
the
Parish
,
keeping
of
the
child
,
and
punishment
of
the
reputed
father
and
mother
,
18
El.
3.
7
Jac.
c.
4.
Dal.
37.
The
reputed
father
and
mother
not
performing
the
order
set
down
by
two
such
Justi●es
,
the
delinquent
is
to
be
sent
to
the
Goal
without
bail
,
except
they
put
in
sureties
to
●erform
the
order
,
or
appear
at
the
next
general
Sessions
of
the
Peace
,
Dal.
38.
If
the
Justices
of
the
Peace
do
not
agree
upon
an
order
,
it
is
to
be
referred
to
the
Bench
,
Dal.
25.
Quadraginta
septimanae
sunt
●egitimum
tempus
mulieribus
constitutum
,
Coke
Instit.
123.
Dal.
38.
The
mother
may
be
examined
upon
oath
,
concerning
the
reputed
father
,
the
time
and
other
circumstances
,
Dal.
37.
By
7
Jac.
cap.
4.
the
mother
is
to
be
committed
to
the
house
of
correction
for
a
year
:
but
not
till
after
delivery
,
and
the
child
living
,
Dal.
38.
If
she
offend
the
second
time
,
she
is
to
be
committed
to
the
house
of
correction
,
and
there
remain
till
she
find
sureties
for
her
good
behaviour
,
and
not
to
offend
again●
7
Jac.
c.
4.
Dal.
38.
All
Justices
of
Peace
in
their
several
limits
,
and
in
their
Quarter
Sessions
,
may
do
all
things
concerning
the
Statute
18
El.
for
Bastardy
,
which
is
limited
to
the
Justices
of
Peace
in
several
counties
,
3
Car.
cap.
4.
Reputed
father
to
be
bound
to
the
good
behaviour
till
the
child
be
born
,
Dal.
37.
Vide
plus
House
of
Correction
.
If
the
putative
father
shall
either
before
or
after
the
birth
of
the
child
,
by
practice
of
any
other
,
convey
himself
away
,
or
cause
the
mother
to
run
or
leave
her
child
,
such
may
be
bound
over
to
the
next
Goal-delivery
o●
Quarter
Sessions
,
Dal.
37.
Battery
lawful
,
vide
Riot
,
Assault
,
.
Breach
of
the
Peace
.
Bath
and
Buxton
,
vide
Licence
.
.
Bawdery
.
Bawdery
is
not
meerly
a
spiritual
offence
,
but
mixt
,
and
soundeth
somewhat
against
the
Peace
,
Lam.
119.
Dal.
193.
A
Constable
,
upon
information
that
a
woman
is
in
adultery
or
fornication
with
a
man
,
or
that
a
man
and
a
woman
of
ill
report
are
gone
to
a
suspected
house
in
the
night
,
may
take
company
with
him
,
and
if
he
finde
them
so
,
he
may
carry
them
to
prison
,
or
to
a
Justice
,
to
be
bound
to
their
good
behaviour
,
Dal.
193.
Resorters
to
bawdy-houses
are
to
be
bound
to
their
good
behaviour
,
Dal.
ibid.
Keepers
of
bawdy-houses
are
to
be
bound
to
their
good
behaviour
,
Dal.
ibid.
Beads
,
vide
Agnus
Dei
.
.
Bear-wards
,
vide
Licence
.
.
Beer
and
Beer-brewers
,
vide
Victual●ers
.
.
Beggers
,
vide
Rogues
and
poor
people
.
.
Blockwood
,
vide
Logwood
.
.
Bloudshed
.
Presentment
of
bloudshed
found
in
the
She●iffs
Turn
,
and
sent
to
the
Justices
of
Peace
,
an
neither
be
traversed
before
the
Just●ces
of
Peace
,
nor
at
the
Sheriffs
Turn
,
Lam.
543
,
Bonds
,
vide
Recognizances
.
.
Bowyers
,
vide
Archery
.
.
Brass
and
Pewter
.
Brazier
nor
Pewterer
may
exchange
or
sell
●ny
Brass
or
Pewter
,
but
in
open
Market
or
Fair
,
or
in
his
house
,
unless
upon
request
of
●he
buyer
,
on
pain
of
ten
pounds
for
each
offence
,
19
H.
7.
c.
6.
4
H.
8.
7.
and
inquireable
●t
the
Sessions
,
Lam.
621.
All
working
hollow
wares
of
other
lay
me●al
,
then
according
to
the
assize
of
the
lay
metal
wrought
in
London
,
or
not
setting
their
seal
on
,
lose
the
wares
.
Searchers
of
Brass
and
Pewter
must
be
appointed
by
the
Justices
of
Peace
at
Michaelmas
Sessions
,
19
H.
7.
c.
6.
4.
H.
8.
c.
7.
Lam.
621.
Breach
of
the
Peace
,
or
good
behaviour
.
What
shall
be
accounted
a
breach
of
the
Peace
.
To
threaten
one
to
his
face
to
beat
him
,
at
whose
suit
he
was
bound
,
Lam.
115.
Dal.
181.
Cro.
136.
b.
or
in
his
absence
,
if
he
after
lie
in
wait
to
do
it
,
ib●d.
To
command
or
procure
one
to
do
any
unlawful
against
the
peace
,
if
it
after
be
done
▪
Menacings
,
affaires
,
assaults
,
injurious
an●
violent
handlings
&
entreatings
,
battery
and
malicious
strikings
,
imprisonment
withou●
warrant
,
to
thrust
one
into
the
water
to
en●
danger
him
,
to
ravish
a
woman
,
to
commi●
felony
or
treason
,
Dal.
181.
Lam.
127.
A
Farmer
,
Tenant
,
or
Commoner
,
by
threats
or
blows
to
repulse
violence
offere●
his
Land
lord
or
Maior
,
Lam.
129.
Dal.
185.
What
act
soever
is
a
breach
of
the
Peace
,
the
doing
thereof
doth
beget
a
forfeiture
o●
the
recognizance
made
for
keeping
of
the
Peace
,
Dal.
181.
Lam.
114.
A
Justice
of
Peace
certifieth
into
the
Kings
Bench
,
that
such
a
man
broke
the
Peace
i●
his
presence
;
the
party
shall
be
put
to
his
fine
without
any
traverse
,
Cro.
132
a.
What
not
.
In
his
absence
to
threaten
to
beat
him
,
a●
whose
suit
he
was
bound
to
the
Peace
,
Dal.
181.
Threats
or
moderate
correction
of
the
Master
,
Schoolmaster
,
Goaler
,
to
those
under
their
command
,
of
Parents
to
the
child
within
age
,
of
the
Lord
to
his
villain
,
Lam.
127.
Dal.
183.
To
beat
with
rods
a
kinsman
that
is
mad
,
to
the
end
to
reclaim
him
,
Dal.
ibid.
Lam.
128.
Constable
,
Officer
,
or
any
of
their
company
,
to
strike
any
for
better
execution
of
their
office
,
Dal.
180.
Lam.
128.
By
threats
or
blows
to
repulse
violence
offered
to
ones
own
person
,
wife
,
father
,
mother
,
child
,
m●●●er
,
Dal.
184.
Preservation
of
his
own
goods
,
Ibid.
Lam.
129.
and
Crom.
136.
b.
affirm
that
the
Master
●ay
beat
him
that
doth
assault
or
beat
his
●ervant
:
but
Dalton
maketh
a
quaere
of
it
,
●nd
that
a
Master
may
onely
with
sword
or
●aff
defend
him
,
Dal.
185.
Pax
Reg.
5.
To
kill
or
hurt
one
at
fence
,
play
,
tilt
,
tur●ament
,
or
barriers
in
the
Kings
presence
,
or
●y
his
command
,
Dal.
184.
Lam.
129.
To
take
ones
goods
wrongfully
,
if
not
from
his
person
,
Lam.
130.
Dal.
186.
210.
is
no
forfei●ure
of
his
recognizance
,
Cro.
65.
b.
nu.
59.
8.
137.
a.
So
to
take
anothers
Ward
,
Dal.
186.
Lam.
ibid.
To
disseise
another
of
his
Ward
,
Dal.
ibid.
To
trespass
in
anothers
corn
or
grass
,
ibid.
Trespass
lieth
at
the
Common
Law
,
for
threatning
to
beat
one
.
Vide
plus
Forfeiture
.
It
is
no
breach
of
the
Peace
for
a
private
man
to
strike
or
wound
another
in
defence
of
his
own
person
from
beating
,
wounding
,
or
killing
:
but
if
he
may
escape
with
his
life
,
without
being
wounded
,
maimed
,
or
hurt
,
it
is
not
lawful
,
except
he
first
flie
as
far
as
he
can
,
Dal.
184.
Cro.
137.
a.
To
take
a
dog
of
any
kinde
,
or
other
thing
of
pleasure
from
the
person
of
another
,
or
in
his
presence
with
force
or
violence
,
amounteth
to
a
breach
of
the
Peace
,
Dal.
168.
Brewers
vide
Victuallers
.
.
Bridges
.
By
common
right
Bridges
should
be
amended
by
the
whole
County
,
for
it
is
for
the
common
ease
of
the
County
,
Cro.
187.
b.
yet
if
any
have
fishings
or
profit
in
that
river
they
are
chargeable
,
Cro.
186.
b.
A
man
voluntarily
maketh
or
amendeth
a
Bridge
:
he
is
not
compellable
to
do
the
same
again
,
unless
he
&
his
ancestors
have
used
so
to
do
time
out
of
mind
.
Dal.
41.
Cro.
186.
a.
Where
a
man
and
his
ancestors
have
used
time
out
of
mind
to
repair
a
Bridge
,
the
King
cannot
acquit
him
,
Dal.
41.
It
being
not
known
who
,
or
what
land
is
chargeable
with
the
repairing
of
a
decaied
Bridge
,
four
Justices
,
one
being
Quorum
,
may
tax
the
Inhabitants
,
and
make
Collectors
and
Overseers
for
repairing
of
it
,
and
appoint
Surveyors
,
and
exact
an
accompt
of
them
:
and
if
they
refuse
so
to
do
,
the
said
Justices
may
make
out
Process
against
them
,
by
Attachments
,
Precepts
,
or
Warrants
under
their
seals
,
returnable
at
the
Quarter
Sessions
,
and
may
allow
reasonable
costs
to
the
surveyors
and
Collectors
,
22
H.
8.
cap.
5.
Dal.
40.
A
man
and
his
ancestors
or
a
Corporation
time
out
of
mind
used
to
make
a
Bridge
,
though
they
did
it
freely
at
the
first
and
not
of
right
,
it
shall
conclude
the
heirs
&
successors
Dal.
11.
Cro.
186.
a.
b.
Prior
of
Stokes
case
.
Justice
of
Peace
where
a
decaied
Bridge
is
,
may
award
Process
into
the
County
where
the
party
or
land
chargeable
is
,
Dal.
40.
A
Bridge
lying
within
a
Corporation
,
the
Hundred
shall
not
be
charged
therewith
.
Et
i
converso
,
Dal.
40
,
41.
Cro.
187.
b.
A
Bridge
lying
in
two
several
Counties
,
either
must
repair
his
part
,
Dal.
40.
Cro.
187.
b.
A
common
Bridge
lying
within
a
Franchise
,
they
must
repair
it
,
Cro.
187.
b.
Dal.
40.
A
man
is
to
repair
some
arches
at
the
end
of
a
Bridge
:
if
the
Buttresses
be
decaied
,
he
is
to
follow
the
course
of
the
water
,
and
to
repair
the
high-way
without
leave
of
the
owner
of
the
land
,
and
lay
stones
,
&c.
necessary
,
upon
the
adjoyning
land
of
another
,
Cro.
186.
b.
Dal.
42.
He
that
is
bound
to
repair
a
Bridge
,
must
maintain
the
way
at
each
end
,
Cro.
186.
b.
Buckstalls
.
One
suspected
to
have
offended
against
the
statute
,
19
H.
7.
c.
11.
of
deer-haies
,
and
buckstalls
,
&c.
is
to
be
examined
by
two
Justices
at
Quarter
Sessions
,
&
being
convicted
by
his
own
examination
only
,
is
to
be
imprisoned
till
he
find
surety
for
the
forfeiture
,
19
H.
7.
c.
11.
Lam.
535
,
630.
the
tenth
part
whereof
the
Justices
examining
shall
have
,
ibid.
Buggery
.
The
sin
of
Buggery
with
a
man
or
beast
is
felony
,
25
H.
8.
c.
6.
5.
El.
c.
17.
Lam.
227
,
256.
421.
Bull
from
Rome
,
vide
Treasons
.
.
Burglary
.
Burglary
is
when
one
or
more
in
the
night●ime
do
break
a
dwelling-house
,
or
a
Church
,
●or
the
walls
or
gates
of
a
Citty
or
walled
Town
,
with
an
intent
to
do
felony
,
albeit
●hey
carry
away
nothing
,
Dal.
256.
Lam.
258
,
423.
Cro.
31.
a.
nu.
1.
The
night
is
from
sun-setting
to
sun-rising
,
●bid
.
Lam.
259
,
423
,
424
,
Dal.
256.
What
act
shall
make
a
burglary
without
entring
into
the
house
.
Putting
back
the
leaf
of
a
window
,
Dal.
ib.
Lam.
262.
Drawing
the
latch
of
a
door
,
Dal
▪
ibid.
Cro.
33.
b.
Lam.
ibid.
Turning
the
key
being
on
the
inside
,
Cro.
31.
b.
Dal.
ibid.
Lam.
262.
Breaking
the
glass-window
,
and
hooking
out
of
goods
,
Lam.
ibid.
Making
a
hole
in
the
wall
,
and
shooting
one
within
the
house
,
Dal.
256.
Lam.
262.
Cro.
31.
b.
nu.
7.
The
door
being
open
,
to
put
his
hand
over
the
threshold
,
and
discharge
a
dag
at
any
within
,
Dal.
ibid.
Cro.
32.
a.
nu.
11.
Lam.
263.
They
within
cast
out
their
money
for
fear
,
and
they
without
carry
it
away
,
Cro.
31.
b.
nu.
9.
Lamb.
261
,
262.
Dal.
257.
Without
breaking
the
house
.
To
set
foot
over
the
threshold
with
a
felonious
intent
,
Dal.
257.
Cro.
32.
a
nu.
13.
To
come
down
by
a
chimney
,
ibid.
To
come
in
by
help
of
a
key
,
Cro.
31.
a.
nu.
8.
Lam.
262.
Dal.
257.
To
enter
the
doors
being
open
,
&
the
owner
flying
to
his
chamber
,
to
shove
at
the
chamber
door
,
Dal.
ib.
Lam.
262.
Cro.
32.
b.
nu.
25.
If
pretending
to
be
robbed
,
by
the
help
of
the
Constable
for
search
they
rob
the
owner
,
ibid.
Lam.
263.
Dal.
257.
Cro.
32.
b.
nu.
24.
If
upon
conspiracy
with
a
servant
,
the
servant
openeth
the
door
,
and
the
thief
entreth
,
Dal.
257.
One
entring
,
and
the
rest
standing
about
the
house
,
or
not
far
off
,
ibid.
Lam.
264.
To
enter
under
the
threshold
.
What
place
makes
Burglary
.
Publick
,
as
Church
,
walls
or
gates
of
a
City
or
Town
walled
:
Private
,
as
a
dwelling-house
,
if
any
be
within
,
Dal.
257.
Cro.
33.
a.
nu.
32.
Lam.
260
,
261.
The
family
for
part
of
the
night
is
abroad
,
and
in
the
intrim
the
house
is
robbed
,
Dal.
258.
Cro.
33.
b.
nu.
40.
A
man
hath
two
dwelling
houses
,
&
dwelleth
sometimes
at
the
one
,
sometimes
at
the
other
,
and
hath
servants
at
both
,
and
the
servants
are
abroad
,
in
the
night
the
house
is
broken
,
ibid.
Cro.
33.
b.
nu.
40.
Dal.
ibid.
To
break
a
chamber
in
a
Colledge
or
Inne
of
Court
,
though
no
body
is
in
the
chamber
,
Dal.
258.
Lam.
261.
Cro.
33.
a.
nu.
29.
Breaking
a
barn
or
stable
near
to
a
dwelling
house
,
to
the
intent
to
steal
,
Dal.
ibid.
●●o
.
32.
Lam.
261.
Robbing
a
back
house
,
Dal.
ibid.
To
enter
to
ravish
a
woman
.
Quaere
,
Dal.
259.
The
Host
of
an
Inne
breaking
into
his
Guest
▪
●
chamber
to
rob
him
,
Dal.
258.
What
not
.
Entring
onely
with
intent
to
beat
,
Dal.
259.
●am.
264.
Breaking
,
and
departing
without
entring
,
Lam.
262.
but
it
is
felony
,
ib.
Lam.
261.
it
is
not
burglary
in
one
under
14
years
of
age
,
Dal.
259.
Nor
in
poor
persons
,
that
upon
hunger
break
and
steal
under
the
value
of
12
pence
,
Dal.
260.
Nor
in
natural
fools
,
or
non
compos
mentis
,
ibid.
Burning
of
houses
.
Malicious
burning
of
houses
,
being
dwelling
houses
,
or
barn
with
corn
in
it
,
is
felony
,
Dal.
273.
Lam.
266
,
424.
Cro.
31.
a.
nu.
3.
Burning
of
an
empty
barn
in
the
night
feloniously
,
if
it
be
nigh
a
dwelling
house
,
Dal.
274.
Lam.
ibid.
All
burning
that
proceedeth
of
a
former
burning
that
was
malicious
,
is
felony
,
Lam.
266.
One
intending
to
burn
anothers
house
,
fireth
it
,
and
part
onely
is
burned
and
quenched
,
it
is
felony
,
Dal.
274.
One
shooteth
unlawfully
in
a
hand-gun
,
and
the
fire
setteth
another
mans
house
on
fire
,
and
burneth
it
down
,
it
is
felony
,
Dal.
274.
Burning
of
a
stack
of
corn
feloniously
Dal.
274.
Butchers
.
Butcher
gashing
a
hide
whereby
it
is
hurt
,
loseth
20
pence
,
1
Jac.
c.
22.
Lam.
462.
Butchers
watring
any
hides
,
except
in
June
,
July
,
or
August
,
lose
3
shill.
4
d.
an
hide
,
ib.
Butcher
or
any
other
killing
calves
to
sel●
under
five
weeks
old
,
loseth
6
shill.
8
pence
a
calf
Lam.
453.
Or
killing
any
weanling
,
bullock
,
steer
,
or
heifer
,
under
the
age
of
two
years
,
Lam.
453.
24
H.
8.
c.
9.
vide
Victuallers
.
Butter
and
Cheese
,
vide
Victuals
.
.
Butts
.
Inhabitants
of
a
Town
not
continuing
their
Butts
as
they
ought
,
are
to
lose
for
every
three
months
20
shill.
33.
H.
8.
c.
9.
Lam.
481.
Buying
and
selling
,
vide
Cattel
.
Calves
and
Kine
.
ANy
killing
Calves
to
sell
under
five
weeks
old
,
lose
for
every
one
6
shillings
8
pence
,
1
Jac.
22.
Any
feeding
in
his
own
ground
fit
for
milch-Kine
,
wherein
none
hath
common
,
above
120
Sheep
more
then
for
his
own
provision
,
must
raise
one
Calf
for
every
60
Sheep
,
or
lose
20
shillings
a
moneth
for
each
Calf
,
&
keep
one
milch-Cow
for
every
ten
Oxen
,
Runts
,
&c.
so
fed
,
if
he
feed
above
twenty
.
And
for
every
two
milch-Kine
must
rear
one
Calf
yearly
,
except
it
die
,
upon
the
like
pain
,
2
&
3
P.
&
M.
c.
3.
13.
El.
c.
25.
7
Jac.
c.
8.
Lamb.
453.
Offences
against
this
statute
are
determinable
at
the
Quarter
Sessions
.
Captains
.
Any
Muster-masters
taking
reward
for
discharging
any
from
service
,
lose
ten
times
so
much
,
or
20
li.
2
E.
6.
c.
2.
Lamb.
482
,
483.
Captain●
,
or
others
,
having
the
charge
of
men
for
war
,
keeping
back
part
of
their
pa●
lose
to
their
souldier
treble
so
much
as
is
no●
pa●d
:
or
for
licencing
any
to
depart
,
lose
ten
times
the
gain
,
2
E.
6.
ibid.
Vide
plus
Travelling
.
Cattel
.
Buyer
of
live
Oxen
,
Runts
,
Steers
,
Kine
,
Calves
,
Sheep
,
Lambs
,
Kids
and
Goats
,
if
he
sell
them
within
five
weeks
after
,
loseth
the
double
,
5
E.
6.
c.
1●
.
Lam.
452
Vide
Badgers
.
Certificate
.
Recognizance
and
release
of
the
Peace
both
are
to
be
certified
at
the
next
Quarter
Sessions
,
3
H.
7.
ca.
1.
but
no
pain
by
the
Statute
to
the
Justice
if
he
do
not
,
Lam.
111.
Dal.
177.
Cro.
139.
a.
nu.
11.
One
that
is
bound
to
the
Peace
,
maketh
default
at
the
day
of
his
appearance
,
the
Recognizance
with
the
record
of
the
default
of
his
appearance
must
be
certified
into
the
●xchequer
,
Kings
Bench
,
or
Chancery
:
So
if
it
be
presented
that
he
hath
broken
the
Peace
,
Lam.
589.
Sheriff
must
certifie
to
the
Justices
at
the
next
Sessions
,
in
dictments
lawfully
found
and
taken
at
his
turn
or
law-day
,
1
E.
4.
c.
2.
the
penalty
is
40
pound
.
Clark
of
the
Crown
must
certifie
the
names
of
any
that
have
been
out-lawed
of
felony
,
or
Clarks
convicted
or
attainted
upon
the
letter
of
a
Justice
of
Peace
,
or
lose
40
shillings
34
H.
8.
c.
14.
Transcript
of
every
attainder
,
out-lawry
,
or
conviction
had
before
the
Justices
of
P.
must
be
certified
into
the
Kings
Bench
by
the
Clark
of
the
Peace
within
40
daies
after
the
attainder
if
it
be
in
Term
;
if
not
,
within
20
daies
after
the
beginning
of
the
next
Term
,
on
pain
of
40
shillings
,
34
H.
8.
c.
14.
Clark
of
the
Peace
must
certifie
to
the
Ordinary
a
transcript
of
the
Clarks
convicted
or
attainted
,
34
H.
8.
cap.
14.
Quaere
,
because
by
18
El.
c.
6
no
delivery
to
the
Ordinary
,
Lam.
588.
Custos
Rotulorum
of
the
County
where
one
is
attainted
as
principal
of
felony
,
upon
writing
of
the
Justices
of
the
Gaol-delivery
or
Oyer
&
Terminer
of
another
County
where
one
is
accessary
unto
the
other
,
must
certifie
what
is
done
with
the
principal
,
2
E.
6.
c.
24.
Lam.
588
,
589.
Where
the
Justices
are
to
receive
indictments
,
and
no
power
to
proceed
upon
them
,
they
must
certifie
them
into
the
Kings
Bench
without
Certiorari
,
Lam.
589.
Abjuration
of
a
seditious
sectary
made
in
open
Quarter
Sessions
,
must
be
certified
at
the
next
Assizes
unto
the
Justice
of
Assize
,
35
El.
c.
1.
Lam.
590.
Presentment
that
goods
and
cattles
of
one
attainted
of
felony
be
in
others
hands
,
it
is
to
be
certified
in
the
Kings
Bench
,
or
Exchequer
Lam.
590.
Recognizance
of
an
Alehouse-keeper
must
be
certified
at
the
next
Quarter
Sessions
after
the
taking
,
or
the
Justice
loseth
five
Marks
,
5
E.
6.
c.
25.
Certificates
of
dockets
of
Purveyors
,
vide
Purveyors
.
Certificates
of
transcripts
of
Records
of
the
Sessions
into
the
Kings
Bench
,
vide
Clarks
of
the
Peace
.
Certificate
of
Riots
,
vide
Riots
.
Certificate
of
Certiorari
,
vide
Certiorari
,
Certificate
of
Examinations
,
vide
Examinations
.
Vide
plus
Recognizance
.
Certiorari
.
Certiorari
is
to
remove
indictments
or
other
Records
to
be
fully
heard
,
where
the
Justices
cannot
proceed
;
or
be
reversed
,
where
they
have
proceeded
erroniously
,
Lam.
591.
A
Certiorari
issueth
out
of
the
Chancery
,
and
the
Records
are
removed
thither
,
and
sent
th●ther
by
Mittimus
to
any
other
Court
,
Lam.
591.
Certiorari
to
remove
matters
of
the
Crown
,
need
not
contain
the
cause
of
the
removing
Lam.
514.
Certiorari
into
the
Chancery
,
hath
in
Cancellaria
,
into
the
Kings
Bench
,
nobis
mittatis
,
Dal.
416.
Cro.
132.
a.
Certiorari
may
command
either
the
Record
it self
,
or
the
tenour
of
the
Record
,
Cro.
131.
b.
Lam.
515.
Dal.
416.
Certiorari
is
to
be
directed
to
the
Justices
,
Lam.
515.
Justices
of
Peace
ought
upon
Certiorari
to
remove
the
Record
,
though
the
party
that
brought
the
Certior
.
sueth
not
after
to
have
it
removed
,
Da.
416.
Cro.
132.
b.
&
133.
a.
La.
516.
An
Indictment
may
be
removed
upon
a
Certiorari
bearing
date
before
the
Indictment
was
taken
,
Dal.
417.
Cro.
132.
b.
164.
b.
167.
b.
Lam.
510.
A
certificate
of
a
Certiorari
ought
not
to
omit
that
which
did
authorize
the
Justices
to
make
the
record
,
neither
ought
they
to
certifie
more
then
the
Certiorari
warranteth
them
,
Lam.
516.
If
the
Certiorari
vary
from
the
Record
,
the
Justices
need
not
to
certifie
,
Cro.
132.
b.
Dal.
416.
A
Certiorari
is
to
send
up
the
Indictment
of
A.
in
which
others
are
joyntly
indicted
,
the
Justices
need
not
make
certificate
of
any
but
of
A.
only
,
Cro.
132.
a.
Lam.
517.
Dal.
416.
A
Justice
may
without
Certiorari
send
into
the
Kings
Bench
a
Recognizance
of
the
Peace
,
an
Indictment
found
before
him
,
or
a
force
recorded
before
him
,
Dal.
416.
Cro.
132.
b.
133.
b.
but
not
without
Certiorari
,
if
he
be
put
out
,
ibid.
No
bills
of
indictment
,
riot
,
forcible
entry
,
assault
,
or
battery
found
at
the
Quarter
Sessions
,
shall
be
removed
by
Certiorari
,
unless
it
be
delivered
in
open
Quarter
Sessions
,
and
the
indicted
bound
in
ten
pound
to
the
prosecutor
,
with
such
sureties
as
the
Justices
shall
allow
,
to
pay
within
one
moneth
after
the
conviction
of
the
indicted
to
the
prosecutor
such
costs
and
damages
as
the
said
Justices
shall
allow
,
otherwise
the
Justices
to
proceed
to
trial
,
21
Jac.
●
.
8.
Dal.
219
,
220.
Vide
plus
,
Certificate
and
Justices
of
Peace
.
Challenge
.
One
indicted
of
felony
,
may
challenge
as
many
as
he
will
,
shewing
cause
:
but
without
cause
he
may
not
challenge
above
twenty
,
22
H.
8.
c.
14
Lamb.
554.
28
H.
8.
c.
1.
What
shall
be
a
good
challenge
of
a
Juror
.
That
he
was
an
indictor
of
him
,
Lam.
554.
That
he
hath
no
lands
to
clear
yearly
value
of
40
shill.
Lam.
554.
In
Cities
and
Borroughs
,
that
he
hath
no
goods
moveables
worth
40
pound
,
Lam.
ibid.
That
he
is
not
Probus
&
L●galis
,
as
,
if
he
be
attainted
of
felony
,
forgery
,
perjury
,
&c.
Lamb.
ibid.
Champerty
.
Champerty
is
when
one
for
hope
of
having
part
of
the
thing
in
variance
,
moveth
or
causeth
the
suit
to
be
moved
at
his
own
cost
,
and
for
it
he
is
to
be
sined
,
33.
E.
c.
1.
Lam.
441.
Chance-medly
,
vide
Homicide
.
.
Chastisement
,
vide
Correction
.
.
Church
and
Church-yard
.
Maliciously
to
strike
with
a
weapon
in
the
Church
or
Church-yard
,
or
to
draw
a
weapon
to
that
end
,
is
loss
of
one
of
his
ears
,
or
having
no
ears
,
to
be
marked
on
his
cheek
with
the
letter
●●
5
Ed.
6.
4.
Lamb.
419.
To
kee●
Fair
or
Market
in
the
Church-yard
,
〈…〉
.
c.
6.
〈…〉
.
Conviction
of
any
upon
the
statute
,
5
Ed.
6.
c.
4.
may
be
by
the
Justices
of
Peace
at
their
Quarter
Sessions
,
by
verdict
,
testimony
of
two
,
or
by
confession
,
5
Ed.
6.
c.
4.
Execution
of
the
forfeiture
upon
the
stat.
of
striking
in
Church-yards
,
to
be
awarded
by
the
Justices
of
Peace
before
whom
the
conviction
,
5
Ed.
6.
c.
4.
Church-Wardens
.
Church-wardens
and
Constables
,
or
one
of
them
,
or
where
none
be
,
the
Constable
of
the
Hundred
,
must
once
every
year
present
at
the
Quarter
Sessions
the
monethly
absence
from
Church
of
Popish
Recusants
,
and
the
names
of
every
of
their
children
of
9
years
old
and
above
,
abiding
with
their
parents
,
&
as
neer
as
they
can
the
age
of
their
children
,
and
the
names
of
such
Recusants
servants
,
3
Jac.
c.
4.
Lam.
437.
penalty
20
shill.
Vide
Recusants
.
Church
wardens
are
to
gather
for
the
prisoners
.
Vide
Prisoners
.
Church
wardens
and
Overseers
of
the
poor
are
yearly
to
make
accompt
to
two
Justices
,
whereof
one
ought
to
be
of
the
Quorum
,
viz.
-
1.
Of
all
sums
received
by
them
rated
or
not
received
.
-
2.
Of
such
stock
as
they
or
any
of
their
poor
have
in
their
hands
,
43.
El.
c.
2.
-
3.
What
Apprentices
they
have
put
out
.
-
4.
What
poor
they
have
set
to
work
or
relieved
.
-
5.
What
poor
they
have
suffered
to
wander
and
beg
.
-
6.
If
they
have
monethly
met
to
take
order
〈…〉
.
-
7
If
they
have
assessed
the
inhabitants
and
occupiers
of
lands
&c.
in
their
Parish
,
and
such
as
are
of
ability
,
with
indifferency
.
-
8
If
they
have
endeavored
to
levy
and
gather
such
assessments
,
Dal.
96.
Defaults
in
any
the
premisses
is
20
shillings
,
ibid.
Two
such
Justices
may
make
their
warrants
both
to
the
present
&
subsequent
Church-wardens
and
overseers
to
levy
all
sums
and
arrerages
of
every
one
that
shall
refuse
to
contribute
according
to
the
assessment
.
And
in
default
of
distress
commit
them
to
the
Gaol
till
paiment
be
made
,
Dal.
95.
Church-wardens
and
Overseers
refusing
to
make
a
true
accompt
to
the
Justices
of
all
such
sums
of
money
,
or
denying
to
pay
the
arrerages
,
to
be
committed
to
the
Gaol
without
bail
till
accompt
made
,
and
the
arrerages
paid
,
to
the
new
Overseers
,
Dal.
96.
Church-wardens
and
Constables
yearly
upon
Tuesday
or
Wednesday
in
Easter
week
,
must
call
together
the
Parishoners
.
And
first
chuse
Surveyors
for
the
high-waies
,
Dal.
67.
3
P.
&
M.
c.
8.
2
Appoint
six
daies
for
that
purpose
,
to
be
before
Midsummer
next
following
,
Dal.
ibid.
3
Give
notice
of
the
said
six
daies
openly
in
the
Church
the
Sunday
after
Easter
,
Dal.
ibid.
Clark
of
the
Peace
.
Clark
of
the
Peace
must
be
present
at
the
Sessions
,
to
read
indictments
,
and
inroll
the
acts
of
the
Sessions
,
as
also
to
draw
Process
,
Lam.
393.
Clark
of
the
Peace
must
record
Proclamations
for
the
rates
of
servants
wages
,
and
inroll
the
discharge
of
apprentices
,
5
El.
c.
4.
ib.
He
must
keep
the
counterpane
of
the
In●enture
of
armour
,
4
&
5
P.
&
M.
c.
2.
Re●ealed
by
1.
Jac.
25.
circa
finem
.
And
the
books
of
licences
given
to
Badges
●nd
Loaders
of
corn
,
5
El.
c.
12.
Lam.
393.
And
of
those
that
are
licensed
to
shoot
in
●uns
,
2
Ed.
6.
c.
14.
He
must
certifie
into
the
Kings
Bench
tran●cripts
of
indictments
,
out
lawries
,
attainders
,
and
convictions
had
before
the
Justices
of
Peace
within
the
time
limited
,
under
the
pain
of
40
shill.
34
H.
8.
c.
14.
Lam
588
,
&
593.
Recognizance
of
the
Peace
is
brought
into
the
Custos
Rotulorum
,
and
if
the
party
grieved
will
not
sue
it
,
the
Clark
of
the
Peace
may
call
upon
it
for
the
King
,
Lam.
394.
2
H.
7
c.
1.
The
office
of
the
Clark
of
the
Peace
is
in
the
gift
of
the
Custos
Rotulorum
,
37
H.
8.
c.
1.
Lam.
394.
What
Records
the
Clark
of
the
Peace
is
bound
to
certifie
.
Vide
Certificate
.
The
Clark
of
the
Peace
his
fees
.
Vide
Fees
.
He
must
record
presentments
for
not
coming
to
Church
,
&
the
certificate
of
not
taking
the
oath
of
●llegence
,
3
Jac.
ca.
4.
Lam.
393.
Clark
of
the
Peace
is
Clark
to
the
Justices
,
as
the
Statute
12
R.
2.
cap.
10.
nameth
him
,
and
not
Clark
to
the
Custos
Rotulorum
onely
,
Lam.
394.
Clark
of
the
Peace
may
exercise
his
place
by
himself
,
or
by
his
deputy
,
sufficiently
instructed
in
the
Law
,
and
admitted
by
the
Custos
Rotul●rum
.
Lam.
ibid.
Clark
of
a
Justice
his
fees
,
v.
Fees
.
.
Clark
of
the
Crown
,
what
Records
he
ought
to
certifie
,
vide
Certificate
.
.
Clark
of
the
Market
.
Clark
of
the
Market
taking
money
to
dispence
with
faults
,
riding
with
more
then
six
horses
,
tarrying
longer
then
is
necessary
,
loseth
for
the
first
offence
100
shillings
,
for
the
second
10
pound
,
for
the
third
20
pound
,
13.
R.
2
c.
4.
Clark
of
the
Market
may
take
no
money
for
any
bills
.
He
ought
to
seal
no
Bushel
but
once
.
After
the
first
sealing
to
take
any
thing
is
extortion
,
Dal.
150.
Clergy
and
Sanctuary
.
One
Justice
of
the
Peace
may
take
out
of
the
Sanctuary
him
that
is
abjured
thither
,
being
indited
of
any
offence
punishable
by
death
done
after
he
is
become
a
Sanctuary-man
,
and
may
commit
him
to
the
Goal
in
the
County
where
the
inditement
is
found
,
till
he
be
tried
,
22
H.
8.
c.
14.
In
what
offences
Clergy
is
not
allowable
.
Breaking
a
house
by
day
,
and
taking
away
any
thing
to
the
value
of
5
shillings
,
39.
El.
c.
15.
Lam.
564.
,
56●
.
Conjurors
or
witches
,
their
aiders
and
counsellers
,
5
El.
c.
16.
Lam.
564.
1.
but
1
Jac.
c.
12.
repealeth
5
El.
c.
16.
Receivers
or
aiders
of
Seminary
Priests
or
Jesuites
,
27
El.
c.
2.
Lamb.
563.
Conspiring
to
burn
,
take
,
or
raze
any
Castel
or
Bulwork
of
the
Kings
,
14.
El.
c.
1.
Rape
or
Ravishment
,
18
El.
c.
Lam.
564.
Burglary
,
18
El.
c.
Lam.
564.
Carnally
abusing
a
woman
within
the
age
of
ten
years
,
Lam.
564.
18
El.
c.
6.
Principal
or
accessary
before
the
fact
of
taking
away
of
a
maid
,
widdow
or
wife
,
that
hath
lands
or
substance
,
&c.
3
H.
7.
c.
2.
&
39.
El.
c.
9.
Lam.
ibid.
Buggery
,
5
El.
c.
17.
Lam.
564.
Murderer
,
Lam.
ibid.
Poisoner
of
malice
prepensed
,
Lam.
ibid.
Robbing
in
day
,
or
nigh
a
high-way
,
Lam.
ibid.
Horse-stealer
,
Lam.
ibid.
Church-robber
,
Lam.
ibid.
Robbing
of
a
house
,
any
being
in
it
,
564.
Robbing
of
booth
or
tent
,
any
being
in
it
,
Lam.
ibid.
Commander
of
petty-treason
,
Lam.
ibid.
Commander
of
wilful
murder
,
Lam.
ibid.
So
of
robbery
in
any
dwelling
house
,
in
or
near
any
high-way
,
Lam.
565.
Stabbing
one
who
hath
no
weapon
drawn
,
nor
struck
first
,
if
he
die
thereof
within
six
moneths
,
1
●ac
.
c.
8.
Lam.
565.
To
burn
any
dwelling
house
or
any
part
thereof
,
Lam.
ibid.
To
burn
any
bath
having
any
corn
in
it
,
〈…〉
Reporting
false
rumours
against
the
King
,
devising
or
writing
seditious
or
slanderous
matter
against
the
King
,
23
El.
c.
2.
Souldiers
departing
without
licence
of
their
Captain
,
Lam.
565.
Souldiers
or
Mariners
which
wander
begging
,
39.
El.
c.
17.
Or
exceed
the
time
of
their
licence
,
ibid.
Or
forge
,
or
use
forged
licence
,
knowing
it
,
ibid.
The
second
conviction
for
forging
false
deeds
,
5
El.
c.
Lam.
566.
Privily
to
take
away
goods
or
money
above
12
pence
from
the
person
of
another
,
8
El.
c.
4.
Lam.
566.
Calling
himself
an
Egyptian
,
or
keeping
them
company
contrary
to
the
statutes
,
1
&
2
P.
&
M.
c.
4.
5
El.
c.
20.
Lam.
566.
A
confined
Recusant
resuseth
to
abjure
the
Realm
,
or
will
not
go
,
or
returneth
without
licence
,
35
El.
c.
1
,
2.
To
acknowledge
any
fine
,
recovery
,
deed
inrolled
,
statute
,
recognizance
,
bail
,
or
judgement
,
in
the
name
of
another
not
privy
thereunto
,
21
Jac.
c.
26.
Dal.
276.
To
what
persons
Clergy
is
grantable
.
To
a
bastard
.
To
bigamus
.
To
whom
not
grantable
.
Women
,
vide
Women
.
One
that
hath
had
it
formerly
,
except
he
be
within
holy
Orders
,
1
E.
6.
c.
12.
Lam.
563
▪
In
what
cases
Clergy
is
allowable
Clergy
shall
be
allowed
in
all
cases
,
saving
such
as
are
mentioned
1.
E.
6.
c.
12.
or
especially
●ince
that
time
taken
away
,
Cro.
118.
nu.
33.
Clergy
shall
be
allowed
but
once
,
4
H.
7
c.
13.
Lam.
563.
except
he
be
within
orders
,
Cro.
118.
a.
nu.
36.
A
Woman
convicted
of
felony
above
12
pence
,
and
under
10
shillings
,
where
in
a
man
may
have
his
Clergy
,
shall
be
burnt
in
the
hand
with
T.
and
whipped
,
21
Jac.
c.
6.
Upon
an
attainder
by
outlawry
,
Parliament
,
standing
mute
,
challenging
peremptorily
above
twenty
,
where
the
statute
taketh
it
away
upon
conviction
by
verdict
,
vide
Lam.
567.
if
Clergy
shall
be
denied
.
Justices
of
Peace
may
give
Clergy
to
a
felon
,
if
the
Ordinary
be
present
?
but
they
cannot
fine
the
Ordinary
for
his
absence
,
but
must
reprieve
the
prisoner
Lam.
551.
vide
Ordinary
.
If
the
Enditement
doth
not
directly
agree
with
the
words
of
the
statute
that
taketh
away
Clergy
,
the
prisoner
may
have
his
Clergy
,
Lam
566.
After
conviction
and
Clergy
allowed
,
and
the
party
burnt
in
the
hand
,
he
may
be
indicted
of
another
felony
,
Lam.
559.
18
Eliz.
cap.
6.
Where
any
man
hath
priviledge
of
Clergy
as
a
clerk
convict
,
&
also
in
all
cases
of
felony
wherein
the
benefit
of
Clergy
is
restrained
,
excepted
,
or
taken
away
by
statute
(
wilfull
murder
&
poisoning
of
malice
prepensed
excepted
)
any
Lord
of
the
Parliament
,
or
Peer
of
the
Realm
sitting
in
Parliament
,
shall
,
upon
his
request
and
prayer
,
alledging
that
he
is
a
Lord
or
Peer
of
the
Realm
,
though
he
cannot
read
,
without
burning
in
the
hand
,
loss
of
inheritance
,
or
corruption
of
blood
,
be
adjudged
for
the
first
time
onely
as
a
Clerk
convict
,
1
Ed.
6.
c.
12.
but
in
all
other
cases
,
wherein
Clergy
is
taken
away
by
any
statute
since
,
1
E.
6.
he
is
in
the
same
degree
as
a
common
person
,
P.
R.
213.
vide
Ordinary
.
Cloth
.
Every
Justice
beyond
Trent
hath
some
power
in
searching
out
the
deceit
of
straining
or
stretching
those
country
cloths
,
39.
El.
c.
20.
Any
Justice
of
Peace
next
unto
any
Town
corporate
or
City
beyond
Trent
,
is
to
joyn
with
the
City
or
Town
in
appointing
overseers
for
cloth
,
ibid.
Two
Justices
of
Peace
must
appoint
yearly
Overseers
of
cloth
sold
in
Towns
not
being
corporate
,
and
swear
them
to
see
execution
of
that
part
of
the
statute
which
is
yet
in
force
,
3
E.
6.
c.
2.
Lam.
359.
Dal.
42.
One
commanded
by
two
Justices
of
the
Peace
to
appear
to
be
made
an
Overseer
of
keeping
the
statute
of
clothing
,
and
without
reasonable
excuse
refusing
shall
forfeit
40
shillings
,
one
halfe
to
the
two
Justices
,
Lam.
ibid.
Two
Justices
of
Peace
may
dispose
the
mony
rising
of
deceitful
cloth
stretched
,
39
El.
c.
10.
Woollen
cloth
presented
by
a
retailer
thereof
to
two
of
the
next
Justices
of
Peace
,
as
defective
against
this
statute
,
and
the
statute
4
&
5
P.
&
M.
c.
5.
they
shall
cause
the
same
to
be
cut
into
three
equal
parts
,
whereof
one
part
to
the
King
,
one
part
to
the
presenter
,
and
the
third
part
to
the
Justices
themselves
,
5
E.
6.
c.
6.
Lam.
359.
Justices
of
Peace
faultly
in
executing
the
●tatute
against
the
deceitful
stretching
of
Northen
cloth
,
lose
5
pound
,
39.
El.
c.
20.
Clothier
must
set
his
seal
of
lead
to
the
cloth
●o
declare
the
length
,
to
be
tried
by
water
,
or
be
fined
,
3
Ed.
6.
c.
2.
Lam.
469.
Cloth
is
not
to
be
stretched
above
a
yard
and
a
halfe
in
length
,
and
halfe
a
quarter
in
breadth
,
nor
shrink
more
in
wetting
,
on
pain
of
40
shillings
,
ibid.
Browns
,
Blews
,
Pewks
,
Tawnies
,
and
Violets
,
must
be
perfectly
boiled
,
grained
,
or
maddered
upon
the
woad
,
and
shot
with
good
cork
or
orchal
,
otherwise
the
dier
loseth
20
shillings
for
every
offence
,
3
Ed.
6.
c.
2.
Lam.
469.
Wooll
for
Russets
,
Marbles
,
Graies
,
Baies
,
or
for
hats
or
caps
,
must
be
perfectly
woaded
,
boiled
,
and
maddered
,
or
lose
20
shillings
every
cloth
or
wooll
for
a
cloth
,
ibid.
Dying
with
Brazill
,
thereby
to
make
a
false
colour
,
is
loss
of
20
shillings
a
time
,
3
E.
6.
c.
2.
Lam.
469.
Putting
flax
,
chalk
,
starch
,
or
other
deceivable
things
upon
any
cloth
,
except
Devonshire
and
Cornwal
straits
,
loseth
40
shillings
a
time
,
Lam.
ibid.
Selling
cloth
by
less
measure
then
after
the
true
contents
by
the
yard
and
inch
,
loseth
six
shillings
eight
pence
a
yard
,
ibid.
Putting
to
sale-cloth
pressed
to
be
used
in
England
,
Wales
,
or
Ireland
loseth
the
cloth
or
value
,
ibid.
Refusing
to
be
searchers
of
cloth
or
neglecting
to
search
once
a
quarter
,
loseth
as
the
offenders
,
ibid.
Interrupting
the
search
of
cloth
is
loss
of
twenty
pound
,
ibid.
Kentish
cloth
above
six
pound
price
,
must
contain
betwixt
28
and
30
yards
in
length
being
wet
,
and
7
quarters
broad
within
the
lists
,
and
being
well
dressed
,
must
weigh
76
pound
,
or
lose
20
shillings
for
want
of
length
and
breadth
,
and
so
much
for
wanting
of
four
pound
of
the
weight
,
5
Ed.
6.
c.
6.
Lam.
470.
See
now
4
Jac.
c.
2.
Deceit
in
linnen
cloth
,
whereby
it
is
become
worse
for
good
use
,
is
loss
of
cloth
,
fine
and
imprisonment
for
a
moneth
,
1
El.
c.
12.
Lam.
471.
Offences
against
the
statute
concerning
the
stretching
of
Northen
clothes
,
to
be
presented
by
the
Overseers
at
the
next
Quarter
Sessions
after
the
offence
,
and
there
to
be
heard
and
determined
,
39
El.
c.
20.
Offences
of
the
Justices
of
Peace
in
neglecting
their
duty
,
by
not
executing
of
the
statute
of
deceitful
stretching
of
Northern
clothes
,
to
be
heard
and
determined
by
Just
of
Assize
,
39
El.
c.
20.
Commission
of
the
Peace
.
The
commission
of
the
Peace
is
determinable
at
the
Pr.
pleasure
,
either
by
express
word
,
implicati●
,
or
death
,
or
by
the
presence
of
higher
power
,
or
by
occasion
of
another
office
,
as
to
be
made
Sheriff
Lam
66
,
67
,
68
,
&c.
If
Just
:
sit
by
commission
and
do
not
adjourn
the
Sessions
,
the
commission
is
void
,
Brook
Commission
,
12.
Cro.
188.
a.
Commission
granted
hac
vice
tantùm
,
is
determined
after
once
sitting
,
if
they
do
not
adjourn
the
same
,
L.
71.
A
new
commission
of
the
Peace
hac
vice
tantùm
,
will
determine
the
old
,
Lam.
68.
A
commission
of
the
same
kind
in
the
same
limits
to
other
commissioners
without
word
of
discharge
,
is
a
revocation
of
the
former
by
implication
,
Cro.
189.
a.
Lam.
67.
Dal.
11.
A
proper
Justice
is
made
within
a
special
liberty
,
without
words
of
prohibition
,
the
Justices
of
the
shire
may
meddle
there
,
Lam.
68
,
69.
The
making
of
a
new
commission
is
no
determination
of
the
old
,
till
it
be
read
or
proclaimed
at
some
Session
,
or
in
a
full
County
,
or
at
the
Assizes
,
Dal.
11.
Lam.
69.
The
old
commission
determining
by
a
new
,
no
process
or
suit
hanging
before
the
old
commissioners
is
discontinued
thereby
,
Dal.
12.
Cro
189.
a.
Lam.
69.
Accession
of
a
higher
title
taketh
not
●way
the
authority
of
a
Justice
of
Peace
,
Dal.
9.
Cro.
188.
a.
Lam.
70.
A
new
commission
to
here
and
determine
felonies
,
determineth
the
old
commission
of
the
Peace
but
not
concerning
the
Peace
,
Lam.
72.
Brook
Commission
8.
A
Justice
of
Peace
,
in
making
justification
by
virtue
of
his
office
,
needeth
not
to
shew
the
commission
of
the
Peace
,
because
the
keeping
thereof
belongeth
to
the
Custos
Rotulorum
,
Lam.
387
,
388.
Cro.
120.
b.
nu.
13.
By
17
R.
2.
c.
10.
in
every
commission
of
the
Peace
,
two
men
of
law
(
amongst
others
)
are
to
be
assigned
,
viz.
to
proceed
to
the
deliverance
of
felons
,
Dal.
50.
Two
were
joynt
commissioners
,
and
it
is
presented
that
one
onely
sat
,
and
fined
the
Countrye
;
and
it
was
held
void
.
But
if
one
sit
,
and
it
is
recorded
that
it
is
done
before
both
,
it
is
good
.
So
of
Justices
of
Peace
,
Cro.
121.
a.
nu.
19.
&
189
a.
for
averment
shall
not
be
taken
against
the
act
of
the
Justices
or
Commissioners
,
Cro.
189.
a.
A
Justice
cannot
be
made
by
writ
but
by
commission
,
but
may
be
discharged
by
writ
,
which
is
in
nature
of
a
Supersedeas
,
Brook
Commis
.
nu.
18
If
the
Justices
in
Fire
,
after
Proclamation
made
,
do
come
into
the
Country
,
and
sit
there
by
vertue
of
their
authority
,
then
ceaseth
the
power
of
the
Commissioners
of
Peace
.
And
so
likewise
,
if
the
Kings
Bench
should
remove
into
the
County
,
Lam.
71.
vide
Cro.
188.
b.
&
189.
a.
Brook
Commiss
.
nu
.
18.
But
Lambert
maketh
a
Quaere
,
for
that
Justices
of
Nisi
prius
do
ordinarily
bring
a
Commission
of
Oier
and
Determiner
,
Lam.
71.
and
yet
no
determination
of
the
Commission
of
Peace
.
And
Brook
Commis
.
8.
and
Cro.
188.
b.
Vn
novel
Commission
de
oyer
&
terminer
felonies
determine
le
ancient
Com.
del
P.
quant
al
Oyer
,
&c.
felonies
,
mes
nemy
quant
al
Peace
.
Et
issint
vide
Commis
.
determine
in
part
,
&
remain
pur
le
remnant
.
Commons
.
Commons
in
Forests
and
elsewhere
must
be
driven
yearly
within
15
daies
after
Michaelmas
by
the
owner
or
officers
,
on
pain
of
40
shillings
a
time
,
32
H.
8.
c.
13.
Lam.
483.
Vide
plus
Horses
.
If
any
Minister
have
refused
to
use
the
Common
Prayer
,
or
to
minister
the
Sacra●ents
according
to
the
Book
of
Common
●rayer
,
in
such
order
and
form
as
is
mention●d
in
the
said
Book
,
or
wilfully
standing
in
●he
same
,
have
used
any
other
form
in
open
●rayer
,
or
in
administration
of
the
Sacra●ents
,
or
spoken
any
thing
in
derogation
of
●he
said
B.
or
any
part
thereof
,
for
the
first
●ffence
it
is
loss
of
his
spirituall
living
for
a
●ear
,
and
imprisonment
for
six
moneths
●ithout
bail
:
for
the
second
,
deprivation
and
●mprisonment
for
a
year
:
for
the
third
,
de●rivation
and
imprisonment
all
his
life
,
1
El.
●
2.
23
El.
c.
1.
Lam
417.
Any
having
in
play
,
song
,
or
rhyme
,
or
by
my
open
word
,
spoken
in
derogation
of
the
●ook
of
Common
Prayer
or
any
thing
there●●
contained
,
or
having
caused
or
maintained
●ny
Minister
to
say
any
other
Common
Pray●r
,
or
minister
Sacraments
in
other
manner
,
●r
interrupting
any
Minister
to
say
open
●rayer
,
or
administer
the
Sacraments
accor●ing
to
the
said
Book
,
he
loseth
100
Marks
,
●r
six
moneths
imprisonment
without
Bail
●or
the
first
offence
:
and
for
the
second
,
400
Marks
,
or
twelve
moneths
imprisonment
:
and
●or
the
third
,
all
his
goods
,
and
imprison●ent
for
his
life
,
ibid.
Concealment
,
vide
Jurors
.
.
Confession
.
After
a
free
confession
of
an
indictment
,
and
submission
to
fine
in
an
action
at
the
pa●ties
suit
,
for
the
same
trespass
,
he
shall
●●
plead
Not
guilty
:
otherwise
of
a
confessio●
Jub
modo
,
as
when
he
putteth
himself
●●
gratia
Regis
,
Lam.
530.
Quaere
whether
if
he
once
make
a
fine
,
●●
shall
not
be
estopped
to
plead
Not
guilty
.
Al●
whether
the
Justice
of
Peace
may
drive
t●●
party
either
to
an
absolute
confession
,
or
●
his
traverse
,
ibid.
The
voluntary
confession
of
an
offender
against
the
statute
,
1
Jac.
c.
9.
4
Jac.
c.
5.
befor●
a
Justice
of
Peace
is
a
conviction
,
and
afte●
confession
his
oath
is
sufficient
proof
again●●
any
other
offending
at
the
same
time
,
21
Jac
▪
c.
7.
Dal.
26.
Conjuration
.
Conjuration
of
wicked
spirits
is
felony
5
El.
c.
16.
Lam.
227.
Vide
plus
Witchcraft
,
1
Jac.
c.
12.
Conservers
of
the
Peace
.
Coroners
are
Conservers
of
the
Peace
,
and
may
in
some
cases
imprison
,
Lam.
395.
Constables
are
Conservers
of
the
Peac●
within
their
limits
,
Dal.
2.
Lam.
14.
Constables
.
Every
Constable
at
the
Common
law
before
the
statute
3
H.
7.
c.
3.
&
1
&
2
P.
&
M.
c.
13.
might
bail
one
suspected
of
felony
by
obligation
,
or
take
surety
of
the
Peace
by
obligation
,
or
commit
him
to
prison
that
made
an
affray
,
till
he
found
sureties
,
Lam.
15.
Constables
or
other
Officers
may
lay
no
hands
on
two
intending
to
fight
,
till
weapons
,
drawn
,
or
offer
of
blow
Lam.
132.
Constable
hurt
in
parting
an
affray
,
may
have
an
action
against
the
affrayer
;
so
may
any
other
officer
:
but
the
affrayer
can
have
none
against
them
,
Lam.
132
,
133.
Constable
or
Officer
presented
at
the
Sessions
for
not
endeavouring
to
part
an
affray
,
being
present
,
shall
deeply
be
fined
,
Lam.
133.
Not
so
if
he
be
told
of
it
being
absent
,
Dal.
33.
at
quaere
contra
,
Cro.
146.
b.
Two
fighting
in
a
house
,
the
doors
being
shut
,
the
Officers
may
break
open
the
doors
to
see
the
peace
kept
,
Lam.
133.
Constable
taking
an
affrayer
must
imprison
him
in
the
stocks
,
not
in
his
house
;
and
that
till
he
may
provide
to
carry
him
to
the
Goal
,
Lam.
ibid.
or
to
a
Justice
of
Peace
,
Lam.
133.
Dal.
33
,
35.
Constable
or
Justice
if
need
be
,
may
command
aid
of
the
Kings
people
for
pacifying
an
affray
,
Lam.
134.
Constable
or
Officer
may
desend
himself
,
and
apprehend
and
imp●ison
the
party
that
shall
make
an
affray
upon
him
,
Lam
ibid.
Dal.
35.
Cro.
147.
a.
One
Justice
of
Peace
may
command
that
two
Constables
be
chosen
in
each
Hundred
,
Lam.
186.
Vide
plus
Affray
,
Arrest
,
Rogues
.
High-Constables
at
their
petty
Sessions
,
for
an
affray
made
in
disturbance
of
the
Court
,
may
imprison
the
offenders
,
Dal.
3.
Cook
11
,
43
,
44.
Chusing
of
High-Constables
useth
to
be
at
the
Quarter
Sessions
;
if
out
of
Sessions
,
by
the
major
part
of
Justices
of
that
division
where
they
dwell
;
and
use
to
be
sworn
at
the
Sessons
,
or
by
warrant
from
the
Sessions
,
Dal.
46
▪
Vide
plus
Prison
.
Conventicles
.
Those
are
sometimes
called
Conventicles
wherein
many
do
impart
with
others
the●
meaning
to
kill
a
man
,
or
to
take
another
part
in
all
things
,
Lam.
173.
Champerty
also
,
maintenance
,
conspiracie●
confederacies
,
&
giving
of
liveries
,
other
the●
to
menial
servants
,
and
officers
,
be
containe●
under
the
word
Conventicles
,
Lam.
ibid.
Conies
,
vide
Hunting
.
.
Corn.
Certificate
of
one
Justice
of
Peace
,
joyne●
with
the
Customer
of
the
place
,
of
unladin●
and
selling
of
corn
,
grain
,
or
cattel
carried
b●
water
from
one
place
to
another
of
th●
Realm
,
unto
the
Customer
and
Controller
o●
the
place
where
the
same
was
imbarked
,
i●
sufficient
upon
the
statute
of
forestalling
,
5
E●
6.
c.
14.
13
El.
c.
25.
One
having
suffic●ent
corn
,
buying
seed
without
bringing
so
much
as
he
buyeth
,
to
se●
the
same
day
as
the
Market
goeth
,
loset●
double
,
5
Ed.
6.
c.
14.
Lam.
451.
Vide
plus
Transportation
.
Cutter
and
carriers
away
of
cor●
Vide
Hedge
breakers
.
.
Coroners
.
Coroners
ought
to
certifie
their
inquisitions
at
the
general
Goal-delivery
,
and
not
at
the
Sessions
,
1.
&
2
P.
&
M.
13.
Lam.
395.
Coroners
being
parties
to
the
exigents
,
and
Judges
of
the
outlawry
,
ought
to
be
present
at
the
Sessions
,
ibid.
Coroners
are
Conservers
of
the
Peace
,
and
may
in
some
cases
commit
men
to
prison
,
ib.
Coroners
may
be
convicted
of
offence
against
the
statute
of
1
H.
8.
c.
7.
by
examination
of
witnesses
,
and
touching
extortion
or
not
executing
their
offices
,
before
a
Justice
of
Peace
,
Cro.
130.
b.
Lam.
434.
Coroners
fees
,
vide
Fees
.
.
Cottages
.
Any
erecting
,
or
converting
any
dwelling
to
be
used
as
a
cottage
for
dwelling
,
unless
he
lay
four
acres
of
his
own
free-hold
inheritance
lying
near
to
the
said
cottage
,
to
be
continually
manured
therewithall
so
long
as
that
cottage
shall
be
inhabited
,
forfeiteth
ten
pounds
;
except
in
a
City
,
corporate
or
market
Town
,
or
ancient
Borough
,
or
being
the
dwelling-house
of
workers
in
minerals
,
coalmine●
,
quarries
of
stone
or
slate
,
makers
of
brick
,
tile
,
lime
,
or
coal
,
not
being
above
a
mile
from
the
works
and
onely
used
for
the
habitation
of
such
workmen
,
or
for
sailers
,
or
men
of
manual
occupation
,
for
the
making
,
furnishing
,
or
victualling
of
ships
,
and
being
within
a
mile
of
the
sea
at
the
side
of
some
navigable
river
;
or
a
cottage
for
the
keeper
of
forrests
,
chase
,
warren
or
park
;
or
cottage
for
a
common
herdsman
or
shepherd
of
any
town
,
or
wherein
any
poor
,
lame
,
sick
,
aged
,
or
impotent
person
shall
dwell
;
or
hath
been
decreed
to
continue
for
a
dwelling
by
the
Justices
of
Assise
or
of
the
Peace
in
open
Assises
or
Quarter
Sessions
,
31
El.
c.
7.
39
El.
cap.
3.
43.
El.
c.
2.
Lam.
476.
35
El.
c.
6.
for
continuing
the
cottage
40
shill.
a
moneth
.
None
to
maintain
or
uphold
any
cottage
;
not
having
four
acres
to
it
,
except
as
before
,
ibid.
Owner
or
occupier
of
a
cottage
must
not
suffer
more
housholds
then
one
to
dwell
in
a
cottage
,
31
El.
c.
7.
except
it
be
by
order
of
the
Justices
at
the
Quarter
Sessions
,
with
leave
of
the
Lord
of
the
waste
,
at
the
charge
of
the
Parish
,
Hundred
,
or
County
,
39
El.
c.
3.
43
El.
c.
2.
Lam.
611.
Offences
against
the
stat.
of
cottages
and
in
mates
,
are
to
be
heard
and
determined
at
the
Quarter
Sessions
,
31
El.
c.
7.
Lam.
614.
and
a
decree
may
be
made
at
the
Quarter
Sessions
for
continuance
of
a
cottage
that
hath
not
four
acres
of
land
,
ibid.
A
Decree
may
be
made
at
the
Quarter
Sessions
for
the
continuance
of
a
cottage
that
hath
not
four
acres
of
land
.
And
the
Justices
may
enquire
,
hear
and
determine
of
cottages
and
inmates
against
the
statute
of
31
El.
c.
7.
Lam.
614.
County
.
A
Justice
of
Peace
in
one
County
pursuing
a
selon
into
another
County
where
he
is
taken
,
he
shall
be
committed
to
the
Goal
of
the
County
where
he
was
taken
,
Dal.
297
,
298.
Cozeners
and
Cozenage
.
Any
falsly
and
deceitfully
getting
into
his
possession
money
or
goods
of
other
mens
,
by
colour
of
false
privy
tokens
of
counterfeit
letters
,
and
convicted
thereof
at
the
Quarter
Sessions
by
examination
of
witnesses
,
shall
suffer
any
corporal
punishment
except
death
,
33
H.
8.
c.
1.
Cro.
83.
a.
130.
b.
Dal.
48.
Lam.
442
,
535
,
569
,
690.
Two
Justices
of
Peace
,
one
being
of
the
Quorum
,
may
bind
over
to
the
next
Sessions
any
such
suspected
person
,
or
may
imprison
or
bail
them
until
the
next
general
Sessions
,
Dal.
48.
One
Justice
of
Peace
,
(
as
it
seemeth
)
may
binds
Cheaters
to
their
good
behaviour
,
so
to
the
Assises
or
Sessions
,
or
send
them
to
the
house
of
Correction
,
Dal.
48.
Crosses
,
vide
Agnus
Dei
.
.
Cross-bows
and
Hand-guns
:
Every
person
may
attach
an
offender
against
the
statute
33
H.
8.
c.
6.
and
carry
him
to
the
next
Justice
of
Peace
in
the
same
County
,
Dal.
65.
The
Justice
upon
due
consideration
may
send
the
offender
to
the
Goal
,
till
he
have
paid
the
penalty
of
the
statute
of
33
H.
8.
c.
6.
s●
.
10.
li.
The
particulars
of
the
said
Statute
.
1.
None
under
an
100
pounds
per
annum
may
shoot
in
,
or
keep
gun
,
dag
,
pistol
,
cross-bow
,
or
stone-bow
.
2.
No
person
may
shoot
in
,
carry
,
keep
,
use
,
or
have
any
gun
under
three
quarters
of
a
yard
in
length
:
if
it
be
shorter
,
every
one
having
an
100
pounds
per
annum
may
seize
the
gun
,
&
must
break
it
or
lose
40
shillings
,
if
he
break
it
not
within
twenty
daies
,
Lam.
296.
480.
but
may
keep
the
cross-bow
or
stone-bow
,
Dal.
65.
3.
No
person
not
having
an
100
pounds
per
annum
,
may
carry
in
his
journy
any
gun
charged
,
or
bow
bent
,
but
onely
in
time
and
service
of
war
,
or
going
to
the
musters
.
4.
None
may
shoot
in
a
gun
near
to
a
market-Town
,
but
in
defence
of
his
house
or
person
,
or
at
a
But.
5.
The
master
may
not
command
the
servant
to
shoot
,
except
at
a
But
or
Bank
of
earth
,
or
in
warre
.
Exceptions
out
of
the
Statute
.
-
1.
Shooting
at
a
But
or
Bank
of
earth
by
serving-men
,
whose
masters
are
inabled
by
statute
.
-
2.
Inhabitants
of
market
Towns
.
-
3.
Dwellers
alone
,
or
near
the
Sea-side
.
-
4.
Gun
makers
or
Gun-sellers
.
-
5.
Those
that
have
placards
may
shoot
according
to
their
placards
,
Dal.
65
,
66.
Any
under
the
value
of
100
pounds
per
annum
,
licensed
to
shoot
in
Cross-bow
or
Hand-gun
,
is
to
present
his
name
to
the
next
Justice
,
by
him
to
be
presented
and
recorded
at
the
next
Quarter
Sessions
,
or
else
the
Justice
to
lose
20
shillings
,
2
Ed.
6.
c.
14
Lam.
301.
Quaere
if
this
be
now
in
use
.
Any
licensed
at
Quarter-Sessions
to
shoot
●n
Hand-gun
or
birding-piece
,
for
Hawks-meat
is
to
shoot
only
at
fowl
not
prohibited
,
●nd
to
be
bound
in
20
li.
1
Jac.
c.
27.
Any
two
Justices
of
Peace
may
commit
to
●he
Goal
for
three
moneths
any
that
shoot
with
gun
or
bow
at
any
Patridge
,
Phesant
,
house-Dove
,
Mallard
,
or
at
such
fowl
,
or
at
●ny
Hare
,
1
Jac.
c.
27.
If
any
person
not
having
lands
,
&c.
of
the
yearly
value
of
40
li.
or
not
worth
in
goods
200
li.
shall
use
any
gun
,
bow
,
or
cross-bow
,
to
kill
any
Deer
or
Conies
(
except
such
person
shall
have
any
ground
inclosed
,
used
for
the
keeping
of
any
Deer
or
Conies
,
&c.
or
be
Keepers
or
Warreners
)
any
person
having
in
lands
100
li.
by
year
in
fee
or
for
life
,
may
take
from
such
offender
such
Guns
,
Bows
,
or
Cross-bows
,
and
keep
them
to
his
own
use
,
3
Jac.
c.
13.
Dal.
65.
Curriers
,
vide
Leather
.
.
Custos
Rotulorum
.
Custos
Rotulorum
hath
the
custody
of
tho
Records
and
of
the
Comm●ssion
,
and
ought
t●
see
that
they
be
brought
to
the
Sessions
,
Lam
387.
Custos
Rotulorum
is
alwayes
a
Justice
of
the
Quorum
,
Lam.
387.
Custos
Rotulorum
alone
cannot
summon
a
Sessions
,
seeing
that
he
hath
no
more
authority
in
that
behalf
then
any
of
his
fellows
hath
,
Lam.
382.
Taking
of
the
goods
of
another
to
the
value
of
12
d.
from
his
person
into
his
own
possession
,
without
assault
or
fear
,
is
felony
without
Clergy
,
8
El.
c.
4.
Lam.
270.
Dal.
262.
and
Lam.
422
,
566.
But
it
will
not
amount
to
felony
unto
death
,
unless
the
thing
taken
be
of
the
value
of
twelve
pence
,
Lam.
270.
Dal.
Quaere
.
The
thief
must
have
an
actual
possession
of
the
thing
severed
from
the
person
of
the
owner
,
Lam.
271.
Dal.
262.
Cro.
35.
a.
nu.
17.
Cutting
out
of
tongues
.
Cutting
out
of
tongues
,
and
putting
out
of
eyes
is
felony
,
if
it
be
done
of
set
purpose
,
5
H.
4.
c.
5.
Lam.
420.
Cutting
of
a
Pond
head
.
Destroying
of
the
head
or
damme
of
any
pond
,
moat
,
stew
,
or
several
pit
wherein
fishes
are
put
by
the
owner
thereof
,
or
wrongfully
fishing
in
any
of
the
same
,
to
the
intent
to
take
away
the
fish
against
the
owner
;
will
,
5
El.
c.
21.
Lam.
446.
See
3
Jac.
c.
13.
he
is
to
suffer
imprisonment
,
and
to
be
bound
to
his
good
behaviour
for
seven
years
.
Ecclesiastical
causes
and
persons
.
ECclesiastical
persons
are
subject
to
arrest
for
the
Peace
,
unless
they
be
attendant
on
Divine
service
,
Lam.
93.
Dal.
166.
Vide
plus
Treason
.
Eggs
of
wild-fowl
.
Eggs
of
any
wild-fowl
usually
eaten
,
taken
from
the
place
where
they
were
layed
,
or
destroyed
betwixt
the
first
of
March
&
the
last
of
June
,
one
years
imprisonment
and
lose
after
a
rate
for
each
egge
,
viz.
Egges
of
crane
or
bustard
20d
.
bittern
,
heron
or
shovelack
8
d.
mallard
,
teal
,
and
other
wild-fowl
,
one
peny
,
25
H.
8.
c.
11.
3
E.
6.
c.
7.
Lam.
453.
To
take
away
the
egges
of
any
hawk
out
of
the
woods
or
ground
of
any
other
person
,
three
months
imprisonment
,
and
bound
to
his
good
behaviour
for
seven
years
,
5
El.
c.
21
Lam.
446.
To
take
or
cause
to
be
taken
upon
his
own
or
other
mens
grounds
,
the
egges
of
any
falcon
,
goshawk
,
lanner
,
or
swan
,
one
year
and
a
daies
imprisonment
and
fine
,
11
H.
7.
cap.
17.
Lam.
ibid.
Taker
or
willing
destroyer
of
egges
of
Partridge
,
Phesant
,
or
Swan
,
upon
conviction
by
confession
,
or
oath
of
two
witnesses
before
two
Justices
of
Peace
,
where
the
offence
or
apprehension
is
,
to
be
imprisoned
three
months
,
unless
he
pay
to
the
Church-wardens
of
the
Parish
in
one
of
the
places
to
the
use
of
the
poor
20
shillings
1
Jac.
c.
27.
Vide
plus
Partridges
,
Phesants
,
and
Fowlers
.
Egyptians
.
One
Justice
of
Peace
may
within
one
moneth
after
the
arrival
seize
all
the
goods
of
any
outlandish
persons
,
calling
themselves
Egyptians
,
that
shall
come
into
the
Realm
,
or
company
with
them
,
or
disguise
themselves
like
them
,
and
keep
to
his
own
use
the
one
moity
accounting
in
the
Exchequer
for
the
other
,
restoring
to
them
again
their
goods
that
prove
by
two
witnesses
that
they
were
craftily
or
seloniously
stolen
from
them
,
upon
pain
of
forfeiture
of
double
the
value
to
the
prover
,
22
H.
8.
c.
10
Dal.
49.
Lam.
195
,
228
,
371.
427.
After
the
moneth
it
is
felony
,
and
then
they
shall
have
the
whole
,
1
&
2
Ph.
&
Ma.
4.
Quaere
,
whether
the
stat.
22
H.
8.
be
still
in
force
,
or
altered
by
the
statute
of
1
&
2
Ph.
&
Ma.
c.
4
,
Embezeling
of
Records
,
vide
Records
.
Embracer
,
vide
Maintainer
.
.
Enditements
.
Enditement
is
the
verdict
of
Jurors
that
be
charged
to
enquire
of
the
offence
that
is
presented
to
them
,
Lam.
486.
All
enditements
ought
to
contain
certainty
,
and
therefore
five
principal
things
be
requisite
in
presentments
,
Lam.
487.
-
1.
The
name
,
surname
,
and
addition
of
the
party
endited
.
-
2.
The
year
,
the
day
,
and
place
in
which
the
offence
was
done
.
-
3.
The
name
of
the
person
to
whom
the
offence
was
done
.
-
4.
The
name
and
value
of
the
thing
in
which
the
offence
was
committed
.
-
5.
The
manner
of
the
fact
,
and
the
nature
of
the
offence
;
as
the
manner
of
the
treason
,
murder
,
felony
,
or
trespass
,
Lam.
487.
Enditement
of
the
accessary
to
felony
,
must
contain
the
name
of
the
principal
,
Lam.
488.
Misnamer
in
an
Enditement
shall
not
be
made
good
by
an
ali●s
dictus
,
Lam.
490.
Where
the
name
of
the
party
offended
cannot
be
known
,
it
may
be
cujusdam
ignoti
,
because
of
the
Kings
advantage
thereby
by
forfeiture
,
Lam.
494.
Any
certainty
whereby
the
day
and
yeare
may
be
known
,
is
sufficient
,
Lam.
491.
An
offence
done
before
midnight
,
must
be
supposed
the
day
before
;
if
after
,
then
the
day
after
,
Lam.
492.
One
striketh
one
day
,
whereon
he
languisheth
,
and
died
on
another
;
the
Enditement
must
suppose
the
last
day
,
on
which
he
died
,
Lam.
491.
Enditement
supposing
the
fact
done
a
day
not
come
,
is
not
good
,
Lam.
492.
Enditement
or
presentment
for
an
omission
as
A.
hath
not
scoured
such
a
sewer
,
needs
not
to
set
down
day
nor
year
,
Lam.
492.
Enditement
supposing
an
offence
done
at
two
severall
times
,
not
good
,
Lam.
492.
Certainty
of
the
place
.
If
no
place
be
named
where
the
offence
was
done
,
or
a
place
be
named
,
whereas
in
truth
there
is
no
such
place
,
the
Enditement
is
void
,
9
H.
5.
c.
1.
18
H.
6.
c.
12.
Lam.
493.
If
the
stroke
or
poisoning
be
in
one
county
,
and
the
death
in
another
county
,
the
Enditement
in
the
county
where
the
death
is
shall
be
good
,
2
&
3
Ed.
6.
c.
24.
Lam.
493.
Certainty
of
the
person
to
whom
the
offence
is
done
,
Lam.
494.
The
goods
of
a
Parson
of
a
Church
,
Bona
Rectoris
,
Lam.
468.
The
goods
of
the
Church
,
Bona
parochianorum
in
custodia
Gardianorum
,
ib.
The
goods
of
Major
and
Communalty
,
and
●he
Major
dieth
before
the
Enditement
,
bona
●ommunitatis
.
Quaere
,
because
they
have
no
●uch
name
of
Corporation
.
Goods
taken
in
a
mans
life-time
,
and
he
●aketh
executor
and
dieth
bona
testatoris
.
Goods
taken
after
his
death
,
Testatoris
in
●ustodia
Executorum
.
Goods
hanging
over
a
Tomb
,
Executoris
.
A
Grave-stone
,
bona
Ecclesiae
.
My
goods
are
taken
by
a
trespassor
,
and
taken
from
him
again
,
the
Enditement
shall
be
bona
of
him
that
had
the
last
possession
,
Lam.
496.
Of
the
owner
in
the
keeping
of
the
bail
,
where
they
were
taken
from
the
Baily
,
Lam.
496.
Bona
capellae
in
custodia
,
or
bona
dom●s
;
or
Ecclesiae
tempore
vacationis
,
is
good
,
Lam.
ib.
The
name
of
the
thing
must
be
comprised
,
Lam.
ibid.
Bona
&
catalla
in
trespass
or
felony
is
not
good
.
If
dead
things
it
may
be
bona
&
catalla
,
expressing
the
names
thereof
in
certainty
.
If
living
things
,
it
shall
not
say
bona
&
catalla
,
but
equum
,
bovem
,
ovem
,
&c.
ibid.
The
value
is
to
be
declared
in
felony
to
make
it
appear
petty
larceny
;
in
trespass
to
aggravate
the
fault
.
Enditement
of
things
ferae
naturae
,
as
Deer
,
Hares
,
Partridges
,
or
Phesants
,
is
not
good
,
unless
they
be
taken
in
a
Park
or
a
Warren
that
be
liberties
,
Lam.
469.
497.
Charters
,
their
value
cannot
be
esteemed
,
ibid.
It
must
be
said
Pretii
,
of
living
things
,
Lam.
497.
So
of
dead
things
in
the
singular
number
,
ibid.
So
of
things
that
go
by
weight
and
measure
,
Lam.
497.
So
of
coin
not
currant
,
ibid.
It
must
be
said
,
ad
valentiam
,
of
dead
things
,
in
the
plural
number
,
not
going
by
weight
and
measure
,
Lam.
497.
Coin
counterfeited
,
ibid.
Where
the
number
ought
to
be
expressed
,
as
of
the
taking
of
Doves
in
a
Dove-house
,
or
young
Hawks
in
a
wood
,
there
it
must
be
pretii
or
ad
valentiam
,
Lam.
497.
Coin
currant
carrieth
his
value
with
it
,
ib.
The
very
manner
of
the
fact
,
and
the
nature
of
the
offence
ought
to
be
mentioned
,
Lam.
498.
Nature
of
the
offence
.
Treason
must
have
Proditorié
.
Murder
Murdravit
,
which
implieth
ex
malitia
praecogitata
,
Lam.
500.
Cro.
101.
a.
103.
b.
Burglary
,
Burglariter
.
Felony
,
felonicè
,
ib.
so
petty
larceny
,
felonicè
.
In
rape
felonicè
rapuit
,
Lam.
510.
Furatus
seemeth
good
without
felonicé
.
In
felony
,
cepit
alone
,
or
abduxit
,
or
a
sportavit
is
not
good
,
La.
510.
but
cepit
&
abduxit
.
In
trespass
or
felony
,
the
words
contra
pacem
must
be
used
,
Lam.
502.
In
forcible
entry
,
vi
&
armis
be
needless
,
ib.
Upon
a
statute
contra
formam
statuti
in
hujusmodi
casu
editi
&
provisi
,
ibid.
Where
many
Statutes
concern
one
offence
,
contra
formam
diversorum
statutorum
.
Where
after
an
acquital
one
shall
be
endited
for
the
same
felony
.
Where
the
first
inditement
was
void
for
in●fficiency
of
matter
of
felony
,
Lam.
556.
Trial
in
a
wrong
County
,
ibid.
Misprision
of
the
party
that
should
bring
●he
action
.
Where
the
first
Enditement
was
as
princi●al
,
the
second
Enditement
as
accessary
to
the
●me
felony
after
the
fact
,
Lam.
557.
Where
he
shall
not
be
again
endited
.
Where
the
Enditement
was
good
.
Though
it
were
by
another
name
,
if
he
be
●nown
by
both
,
Lam.
555.
Though
it
suppose
the
same
felony
done
in
●nother
year
,
Lam.
556.
Though
the
Process
was
erronious
,
ibid.
Enditement
at
the
Sheriffs
Turn
lawfully
●aken
,
must
be
taken
by
the
Justices
,
and
by
●hem
received
,
1
E.
4
cap.
2.
Lam.
504.
No
Enditement
can
be
taken
,
nor
enquiry
made
,
but
before
two
Justices
,
one
to
be
of
the
Quorum
,
Lam.
48.
Enditement
upon
penal
statute
,
whereof
the
King
is
only
to
reap
the
forfeiture
,
must
be
within
two
years
after
the
offence
.
And
where
a
common
person
is
,
it
must
be
within
one
year
,
except
the
statute
do
otherwise
direct
,
Lam.
487.
Constable
presents
a
fault
at
the
Sessions
,
which
belongeth
to
his
office
,
which
is
allowed
by
the
Inquest
,
it
is
good
:
Otherwise
it
shall
not
serve
for
an
Enditement
,
Crom.
123.
b.
A
man
may
be
indited
for
the
King
upon
any
penal
statute
,
Cro.
101.
a.
nu.
3.
109.
a.
nu.
3.
If
there
be
two
villages
in
one
parish
,
the
indicted
shall
be
named
of
such
a
village
i●
parochia
de
A.
and
not
of
the
parish
onely
.
But
if
there
be
but
one
village
there
,
the
name
of
the
parish
onely
,
or
the
name
of
the
village
onely
,
or
of
the
village
in
such
a
parish
is
sufficient
.
And
so
if
there
be
divers
hamlets
,
Cro.
102.
a.
nu.
16.
In
an
Enditement
,
Si
sit
de
pecunia
numerata
,
exprimere
debet
numerum
&
genus
pecuniae
:
si
massa
rudis
,
tum
valorem
:
si
formata
,
tum
qualitatem
&
pretium
:
si
sit
panus
,
tunc
colorem
,
pretium
,
&
numerum
ulnarum
:
si
animal
,
tunc
genus
,
pilum
,
&
pretium
;
&
quòd
felon●cè
cepit
illud
contra
pacem
,
Cro.
103.
a.
nu.
35.
Stam.
81.
Enquiry
.
Justices
of
Peace
may
onely
enquire
,
and
can
proceed
no
further
,
as
in
-
1.
Certain
offences
against
the
Supremacy
,
23
El.
c.
1.
-
2.
Treasons
,
and
misprisions
of
treason
made
by
the
23
El.
c.
1.
-
3.
Offences
against
the
statute
of
false
rumours
against
the
King
,
23
El.
c.
1.
Enquiry
of
a
forcible
entry
,
vide
Forcible
entry
.
Enquiry
by
presentment
,
vide
Presentment
.
.
Enquiry
by
examination
,
vide
Examination
.
.
Enquiry
by
information
,
vide
information
.
.
Escapes
.
Constable
arresteth
one
that
hath
hurt
a●other
,
and
voluntarily
suffereth
him
to
es●ape
,
and
he
that
was
hurt
dieth
thereof
within
a
year
and
a
day
;
the
Constable
shall
make
a
fine
to
the
value
of
his
goods
,
but
it
●s
no
felony
,
Lam.
134.
To
suffer
a
felon
wilfully
to
escape
,
is
felony
;
but
a
negligent
escape
is
onely
to
be
fined
,
1
R.
3
,
c.
3.
Lam.
440.
Dal.
276.
Wilfull
escape
of
one
arrested
for
larceny
,
man
slaughter
per
infortunium
,
se
defendendo
is
not
felony
;
if
the
act
were
not
felony
at
the
time
of
the
escape
,
Lam.
230.
Dal.
278.
Crom.
39.
a.
nu.
●
.
Wilfull
escape
by
the
gaoler
or
keeper
of
a
felon
,
is
felony
in
the
gaoler
,
not
in
the
felon
:
if
the
escape
be
caused
by
a
stranger
,
it
is
felony
,
Lam.
229.
Dal.
278.
Escape
suffered
by
him
that
receiveth
a
known
felon
,
is
no
felony
,
Lam.
230.
Dal.
ib.
but
shall
be
accessary
,
for
that
he
was
not
arrested
,
Cro.
39.
a.
nu.
4.
Vide
plus
Prisoners
.
A
prisoner
under
arrest
onely
escaping
,
the
escape
must
first
be
presented
,
before
he
that
suffered
the
escape
shall
answer
it
,
Dal.
278.
A
Justice
sendeth
for
a
felon
out
of
the
ga●●
and
freeth
him
without
bail
;
it
is
felony
i●
the
Justice
,
Dal.
ibid.
A
Justice
pro
defectu
scientiae
baileth
one
not
bailable
,
it
is
but
a
negligent
escape
,
Cro.
39.
b.
nu.
4.
Dal.
279.
Offender
upon
his
examination
before
a
Justice
confesseth
the
felony
,
who
letteth
him
go
without
commitment
or
bail
;
it
is
a
voluntary
escape
,
and
so
felony
in
the
Justice
,
Cro.
39.
a.
nu.
7.
44.
a.
Dal.
304.
A
Town
not
walled
must
answer
the
escape
of
a
manslayer
in
the
day
time
,
1
Cro.
40.
b.
nu.
1.
Dal.
299.
The
hundred
must
answer
for
a
man
slain
out
of
the
Town
,
and
for
insufficiency
the
County
shall
be
charged
;
Dal.
ibid.
Gaoler
or
other
officer
suffereth
his
prisoner
to
go
abroad
for
a
time
;
though
the
prisoner
return
as
he
was
prescribed
,
or
let
his
prisoner
go
by
bail
or
bast
on
;
it
is
a
negligent
escape
,
and
fineable
.
But
quaere
,
for
prisoners
ought
to
be
kept
in
salva
&
arcta
custodia
,
Dal.
277.
Cro.
39.
b.
nu.
5.
A
Constable
voluntarily
suffereth
a
thief
to
drown
himselfe
,
this
is
felony
in
the
Constable
.
But
if
the
thief
(
without
the
assent
of
the
Constable
)
kill
,
hang
,
or
drown
himselfe
,
it
is
a
negligent
escape
in
the
Constable
,
Dal.
276.
Voluntarily
escape
of
one
arrested
,
or
committed
for
felony
,
is
felony
in
the
Gaoler
;
if
for
treason
,
it
is
treason
;
if
for
trespass
,
it
is
trespass
,
Dal.
278.
Escheators
other
then
those
of
a
City
or
Borough
,
that
takes
upon
him
the
office
,
not
having
lands
in
the
Shire
of
twenty
pounds
per
annum
,
or
for
life
at
least
,
or
that
hath
sold
or
set
to
farm
the
office
,
or
made
a
deputy
for
whom
he
will
not
answer
,
and
whose
name
he
doth
not
certifie
within
20
daies
into
the
Exchequer
,
shall
be
fined
40
pound
,
●2
.
E.
4.
c.
9.
Lam.
429.
Escheator
taking
for
execution
of
any
writ
●n
any
County
above
forty
shillings
,
or
forty
●hillings
where
the
land
is
not
held
incapite
,
●hall
be
fined
forty
pound
,
23
H.
6.
c.
17.
Lam.
●30
.
Escheator
taking
above
15
shillings
for
fin●ing
an
office
not
exceeding
five
pounds
a
year
,
loseth
forty
pound
,
33
H.
8.
cap.
22.
Lam.
430.
Evesdroppers
.
Evesdroppers
which
shall
by
night
evesdrop
mens
houses
are
to
be
bound
to
the
good
behaviour
,
Dal.
191.
Evidences
Justices
of
the
Peace
must
binde
over
informers
for
felony
to
appear
and
give
evidence
against
the
felon
at
the
next
general
Goal-delivery
,
Dal.
49.
Justices
of
the
Peace
must
binde
such
as
declare
any
thing
material
to
prove
the
felony
,
to
appear
at
the
next
Goal-delivery
,
and
give
evidence
,
Dal.
303.
If
he
which
giveth
evidence
of
felony
to
a
Just.
of
Peace
against
another
,
will
not
be
bound
to
give
evidence
at
the
Assises
,
he
shall
be
committed
,
or
bound
to
his
goo●
behaviour
,
Cro.
102.
b.
nu.
26.
Dal.
25.
Examination
taken
by
a
J.
of
P.
of
one
cou●ty
,
may
be
certified
into
another
county
,
an●
there
read
,
and
given
in
evidence
,
Dal.
303.
Estreats
.
Estreats
are
the
extracts
of
fines
,
forfeitures
,
and
amerciaments
made
by
the
Clar●
of
the
Peace
by
indentures
,
the
one
delivere●
to
the
Sheriff
,
the
other
to
the
Barons
of
the
Exchequer
,
Lam.
581.
Estreats
of
the
penalty
for
shooting
in
guns
,
are
to
be
recorded
and
sent
into
the
Exchequer
by
the
Justice
that
had
the
examinatio●
of
the
matter
,
Lamb.
297.
Sheriff
or
his
minister
that
shall
levy
an●
of
the
Kings
debts
,
without
shewing
the
party
the
estreats
under
the
Exchequer
seal
▪
shall
be
fined
and
pay
treble
damages
to
the
party
,
42
E.
3
c.
9.
7
H.
4.
c.
3.
Lam.
432.
He
that
estreateth
issues
of
others
then
such
who
were
chargeable
or
charged
,
loseth
five
Marks
to
the
King
,
and
as
much
to
the
party
,
27
El.
c.
7.
Lam.
432.
Examination
.
Felon
brought
before
a
Justice
,
must
be
examined
before
he
be
committed
to
Prison
,
&
the
information
of
those
that
bring
him
must
be
put
in
writing
within
two
daies
after
,
and
the
party
bound
to
appear
&
give
evidence
at
the
next
Goal-delivery
,
2
&
3
P.
&
.
M.
c.
10.
Lam.
212.
Dal.
49
,
303.
Before
the
statute
,
the
examination
of
a
felon
was
not
warranted
at
the
Common
law
;
for
nemo
tenetur
prodere
seipsum
:
but
the
offender
shall
not
be
examined
upon
oath
,
Dal.
307.
Circumstances
observable
in
examination
of
a
felon
,
Lam.
218.
Dal.
303.
Cro.
98.
a.
In
what
offences
conviction
shall
be
by
examination
,
vide
the
several
offences
.
Conviction
cannot
be
by
examination
onely
,
but
where
the
statute
giveth
it
,
either
by
referring
it
to
the
discretion
of
the
Justices
,
or
specially
limiting
it
,
Lam.
534.
Where
the
statutes
limit
conviction
to
be
by
examination
general
,
a
Just.
of
Peace
may
examine
as
well
the
offenders
as
witnesses
,
Lam.
535.
Where
the
examination
of
a
Justice
of
Peace
is
the
conviction
of
the
party
,
it
ought
to
be
upon
oath
:
but
when
it
is
but
to
inform
the
Jury
upon
that
indictment
,
it
needs
not
,
ibid.
Lam.
536.
Examination
of
witnesses
is
to
be
taken
as
well
against
as
for
the
King
,
Dal.
308.
but
quaere
whether
it
may
be
upon
oath
,
which
maketh
against
the
King
.
Confession
of
an
offender
before
a
Justice
of
Peace
is
not
conviction
,
except
he
confess
the
same
again
upon
his
trial
or
arraignment
,
Dal.
311.
Justice
of
Peace
may
examine
upon
oath
him
that
informeth
against
a
felon
:
for
the
informer
may
die
before
the
assizes
,
&
then
the
information
without
oath
is
not
●
such
validity
,
Dal.
307.
Lam.
215.
Cro.
19
▪
a.
nu.
5.
Extolling
forein
power
,
vide
Treason
.
.
Extortion
.
Ordinary
,
Archdeacon
,
Official
,
Sheri●●
Escheator
,
Coroner
,
Under-Sheriff
,
Baili●●
Goaler
,
or
other
officer
,
that
by
colour
of
h●●
office
taketh
more
then
his
fee
,
or
any
fee
●●
reward
for
expedition
,
or
unlawfully
exacteth
any
oath
or
other
undue
thing
,
La●
▪
434
,
&c.
Any
thing
taken
colore
officii
,
is
extortion
but
virtute
officii
is
allowable
,
Cro.
57.
b.
nu.
●
▪
The
Sheriff
or
Goaler
taking
any
thing
●
a
Constable
for
bringing
a
felon
to
the
Goa●
it
is
extortion
,
4
E.
3.
c.
10.
Cro.
57.
●
nu.
5.
The
Goaler
takes
8
pence
of
one
in
priso●
to
let
him
have
liberty
,
easement
or
favour
it
is
extortion
,
Cro.
59.
a.
nu.
26.
If
the
Ordinary
or
his
minister
take
any
thing
to
allow
a
Schoolmaster
to
teach
children
,
23
El.
c.
1.
Cro.
58.
a.
nu.
13.
If
the
Ordinary
take
ought
for
letters
of
administration
or
probates
of
Will
,
where
the
goods
amount
not
to
above
5li
.
wherein
the
writer
shall
have
6
d.
only
;
or
if
they
be
above
5
li.
and
not
40
li.
the
Ordinary
2
s.
6
d.
and
the
writer
12.
and
if
above
40
li.
the
Ordinary
2
s.
6
d.
and
scribe
2
s.
6
d.
or
1
d.
for
every
10
lines
ten
inches
long
,
at
the
writers
choice
,
Cro.
61.
nu.
52.
21
H.
8.
c.
6.
it
is
extortion
,
and
the
Ordinary
forfeiteth
10
li.
Vide
Fees
The
Marshal
detaining
a
Prisoner
after
he
is
discharged
by
the
Court
,
for
any
thing
due
to
him
but
his
fees
,
Cro.
ibid.
The
Ordinary
eiting
a
lay
person
to
appear
in
the
Spiritual
Court
,
to
depose
there
as
a
witness
,
Cro.
59.
b.
nu.
35
,
36
,
37.
&
60.
nu.
44
,
46
,
48.
&
231.
a.
&
Phitz
.
J.
P.
fol
penul
.
it
is
extortion
.
Vide
plus
Fees
.
A
man
prescribeth
to
have
four
pence
of
every
one
whose
beasts
are
taken
in
his
ground
,
damage
fesant
being
im●ounded
,
and
to
make
amends
to
him
at
his
will
,
it
is
extortion
if
he
take
it
,
Cro.
58.
●
.
nu.
18.
To
take
any
thing
for
a
mortuary
,
●ontrary
to
the
statute
21
H.
8.
c.
6.
where
●he
goods
come
not
to
twenty
nobles
be●ides
debts
,
or
for
married
woman
or
●nfant
,
or
one
that
keeps
no
house
,
or
●ayfaring
man
,
or
any
that
is
not
resident
where
he
died
,
is
extortion
,
Cro.
59.
a.
nu.
●7
.
21
H.
8.
c.
6.
To
take
above
3
s.
4
d.
for
a
mortuary
,
when
the
goods
amount
to
10
marks
and
under
30
li.
or
above
6
shillings
8
pence
,
where
the
goods
are
30
pounds
and
under
40
pounds
;
or
above
10
shillings
,
where
the
goods
are
above
40
pounds
,
the
the
debts
payed
,
is
extortion
,
Cro.
59.
a.
●u.
28.
21
H.
8.
c.
6.
Fairs
and
Markets
.
HE
that
keepeth
a
Fair
or
Market
in
a
Church-yard
shall
be
fined
Stat.
Wint.
13
E.
1.
c.
6.
Lam.
419.
False
imprisonment
vide
Arrest
.
False
tokens
,
vide
Cozeners
.
.
Fees
.
The
Sheriff
shall
have
upon
arrest
by
Bill
,
Writ
,
or
Warrant
,
20
pence
;
the
Bailiff
that
maketh
the
arrest
,
4
pence
;
the
Goaler
,
if
he
be
committed
,
4
pence
;
&
for
the
obligation
4
pence
and
no
more
,
on
pain
of
40
pounds
,
23
H.
6.
c.
10.
Cro.
58.
b.
nu.
18.
176.
b.
nu.
19.
Bailiffs
of
liberties
are
to
have
like
fees
as
the
Sheriffs
and
their
ministers
have
out
of
liberties
,
and
like
punishment
for
extortion
,
27
H.
8.
c.
24.
Lam.
434.
Cro.
ibid.
Clark
of
the
Peace
to
be
fined
.
For
taking
above
12d
.
for
inrolling
a
bargain
and
sale
of
lands
not
exceeding
40
shill.
a
year
,
or
2
shill.
6
pence
if
it
do
exceed
40
shill.
a
year
,
27
H.
8.
c.
16.
and
the
Justice
of
Peace
the
like
for
taking
above
the
said
sums
in
the
said
cases
,
Cro.
59.
a.
Lam.
436.
For
taking
above
12
pence
for
a
recognisance
of
one
that
taketh
a
rogue
into
his
service
for
a
year
,
14
El.
c.
5.
Lam.
ibid.
For
taking
above
2
shill.
for
a
licence
and
recognisance
of
a
Badger
,
Drover
Leader
,
or
Kidder
,
and
registring
the
license
of
them
both
,
5
El.
c.
12.
ibid.
For
taking
above
12
d.
for
a
licence
and
recognisance
to
shoot
Hawks-meat
,
1
Jac.
c.
27.
Clark
of
a
Justice
of
Peace
to
be
fined
for
taking
above
12
pence
for
a
recognisance
of
an
Alehouse-keeper
,
5
E.
6.
c.
25.
Lam.
436.
Coroner
refusing
to
do
his
office
of
one
slain
by
misadventure
without
fees
,
loseth
40
shillings
,
1
H.
8
c.
7.
Lam.
434.
Coroner
taking
above
13
shill.
4
pence
for
doing
his
office
of
one
slain
and
murdered
,
of
the
goods
of
the
slayer
and
murtherer
;
if
he
have
none
,
of
the
town
where
he
was
slain
in
the
day
,
and
was
suffered
to
escape
,
3
H.
7.
c.
1.
Lam.
ibid.
Maiors
to
have
for
sealing
.
Bushels
and
other
measures
,
a
peny
.
Weights
,
viz.
a
hundred
weight
,
1
peny
;
half
a
hundred
,
a
halfpeny
;
less
a
farthing
:
and
taking
above
,
they
lose
40
shill.
7.
H.
7.
c.
3.
11.
H.
7.
c.
4.
Lam.
437.
Parson
,
Vicar
,
or
Curate
taking
above
4.
pence
for
entring
into
the
Church-book
licence
to
eat
flesh
on
fish-daies
,
5
El.
c.
5.
Or
above
2
pence
for
the
registring
a
Testimonial
of
any
servant
going
from
one
place
to
another
,
5
El.
c.
4.
Lam.
435.
Ordinary
or
his
scribe
or
register
that
hath
taken
more
for
the
probate
of
a
testament
or
letters
of
administration
then
6
d.
for
the
scribe
for
writing
the
probate
of
the
testament
that
shall
be
brought
written
in
parchment
,
and
6
d.
for
the
administration
where
the
goods
be
not
above
5
pound
,
if
above
5
li.
not
above
40
pound
,
then
2
shillings
6
pence
for
the
Ordinary
,
&
12
pence
for
the
scribe
;
if
above
40
pound
,
2
shillings
6
pence
for
the
Ordinary
,
&
2
shill.
6
pence
for
the
scribe
,
or
1
peny
for
every
10
lines
10
inches
in
length
,
at
the
scribes
election
;
and
the
like
for
every
copy
of
a
testament
or
inventory
,
or
else
after
the
rate
of
the
lines
as
before
,
loseth
10
li.
and
so
much
as
is
taken
,
to
the
party
,
21
H.
8.
c.
6.
Cro.
61.
a.
nu.
52.
Lam.
434.
Escheators
fees
,
vide
Escheators
.
Receiver
,
Treasurer
,
or
Minister
of
the
King
that
taketh
of
any
that
hath
fee
or
pension
of
the
King
,
other
fee
then
is
given
by
ancient
laws
and
statutes
,
viz.
4
pence
for
paiment
of
every
summe
,
forfeiteth
6
shillings
8
pence
,
33
H.
8.
c.
39.
7
E.
6.
c
1.
Cro.
58.
a.
nu.
9.
Taking
above
4
pence
for
impounding
one
distress
,
loseth
5
pound
to
the
party
grieved
,
besides
such
mony
as
he
shall
take
above
the
summe
of
four
pence
,
1
&
2
P.
&
M.
c.
12.
ibid.
A
man
attainted
of
trespass
cometh
in
gratis
,
and
findeth
surety
for
his
fine
,
he
shall
pay
no
fees
to
the
Sheriff
or
Goaler
,
Cro.
176.
a.
nu.
6.
so
of
him
that
is
indicted
before
Justice
of
Peace
,
and
is
committed
till
he
pay
his
fine
.
The
officer
is
to
take
nothing
of
him
against
whom
process
is
granted
to
come
before
a
Justice
of
Peace
to
finde
surety
for
the
Peace
,
Cro.
176.
a.
nu.
8.
Fees
for
a
Justice
of
Peace
are
(
ut
dicitur
)
Cro.
176.
a.
nu.
9.
For
a
recognisance
for
the
peace
,
2
s.
For
a
recognizance
to
bail
a
prisoner
,
2
s.
For
a
Supersedeas
of
the
peace
,
2
s.
For
a
warrant
of
the
Peace
under
seal
,
2s
.
For
a
release
of
the
Peace
,
2
s.
For
a
warrant
which
concerneth
not
the
the
Peace
,
4
d.
For
the
recognizance
of
an
Alehouse-keeper
,
12
d.
Cro.
nu.
10.
5
E.
6.
c.
25.
Vide
plus
Dal.
385.
Felo
de
se
.
A
man
that
kills
himself
,
either
with
a
meditated
hatred
against
his
own
life
,
or
out
of
distraction
or
other
humour
,
is
felo
de
se
,
and
forfeiteth
his
goods
real
and
personal
,
chattels
to
the
King
,
and
debts
due
upon
specialty
,
and
also
upon
simple
contract
or
without
specialty
,
Cro.
4.
95.
a.
Dal.
240.
Two
fighting
,
the
one
of
them
falleth
on
the
ground
,
&
draweth
his
knife
,
the
other
falling
upon
him
,
doth
also
fall
on
the
knife
and
is
slain
,
he
is
in
a
sort
felo
de
se
,
Dal.
274.
Cro.
28.
a.
nu.
7.
Pax.
reg.
122.
b.
Stat.
16.
a.
An
infant
,
or
non
Compos
mentis
,
killing
himself
,
doth
not
forfeit
,
but
a
lunatick
doth
,
Dal.
ibid.
Lam.
247.
All
his
goods
shall
be
forfeited
which
he
had
at
the
time
of
the
blow
given
,
but
not
till
his
death
be
presented
&
found
of
record
,
Dal.
ib.
He
forfeiteth
no
lands
,
nor
is
his
blood
corrupted
,
Dal.
ibid.
The
enquiry
of
felo
de
se
belongs
to
the
Coroner
:
but
if
the
Coroner
cannot
have
sight
of
his
body
as
being
cast
into
the
sea
,
or
secretly
buried
,
the
Justices
of
P.
may
inquire
thereof
,
and
a
presentment
before
them
intituleth
the
King
to
his
goods
,
Dal.
ibid.
Cro.
5.
110.
b.
Felony
.
Felonies
are
either
by
the
-
Common
law
,
-
Statute
law
.
By
the
Common
law
,
all
kind
of
homicide
not
warranted
,
Burglary
,
Theft
,
Burning
of
houses
Rescous
,
and
Escapes
,
Dal.
238.
Vide
their
several
titles
.
Felonies
by
Statute
.
The
Kings
sworn
servant
conspiring
to
destroy
the
King
or
any
Lord
of
the
Realm
,
or
any
sworn
to
the
Kings
Councel
,
or
the
Steward
,
Treasurer
,
or
Controller
of
the
Kings
houshold
,
3
H.
7.
c.
14.
Dal.
275.
Breaking
of
Prison
by
one
being
therein
for
felony
,
or
a
prisoner
for
felony
,
1
E.
2.
de
prisonam
frangent
,
Dal.
ibid.
And
if
he
escape
going
to
the
Goal
,
Cromp.
40.
b.
If
under
arrest
for
felony
or
suspicion
,
whether
in
the
Goal
or
out
,
it
is
breaking
of
prison
though
he
be
not
indicted
of
felony
,
Cro.
38.
a.
nu.
1
P.
R.
147.
A
stranger
breaketh
the
prison
,
or
openeth
the
stocks
,
or
makes
rescous
of
one
imprisoned
or
arrested
for
felony
,
who
escapeth
,
it
is
felony
in
them
both
,
Dal.
275.
Cro.
38.
a.
nu.
1.
Quaere
,
if
a
stranger
disturb
the
arresting
of
a
felon
,
Dal.
ibid.
Fitz.
Just.
P.
fol.
114.
Lam.
229.
Rescuing
a
Prisoner
going
to
execution
is
felony
,
Dal.
ibid.
Goaler
,
Constable
,
or
other
having
a
prisoner
under
arrest
for
felony
,
voluntarily
suffereth
him
to
escape
,
it
is
felony
only
in
him
that
suffereth
the
escape
,
Dal.
ibid.
Lam.
229.
If
the
prisoner
escape
by
negligence
of
his
keeper
it
is
felony
onely
in
the
prisoner
,
Dal.
ibid.
Escape
before
arrest
is
no
felony
,
but
the
officer
may
be
endited
and
fined
,
Dal.
276.
Lam.
230.
Cro.
39.
a.
nu.
5.
Buggery
with
mankind
or
beast
.
Burning
of
houses
or
stacks
of
corn
.
Congregations
and
confederacies
holden
by
Masons
.
Cutting
out
of
tongues
,
or
putting
out
eyes
.
Cutting
Powdike
,
or
bank
in
Marsh-land
.
Conjuration
or
invocation
of
evil
spirits
,
1
Iac.
12.
Consultation
with
an
evil
spirit
,
&c.
Vide
1
Iac.
12.
Embezeling
the
Kings
ordnance
,
armour
,
&c.
to
the
value
of
20
shill.
though
at
several
times
,
31
El.
4.
Dal.
287.
Embezeling
of
any
record
,
writ
&c.
8
H.
6.
c.
12
Dal.
ibid.
These
two
belong
not
to
Iustices
of
the
P.
Rasing
of
a
record
is
fineable
at
the
Kings
will
,
&c.
8
R.
2.
c
4.
These
two
belong
not
to
Iustices
of
the
P.
Forging
of
evidences
,
&c.
the
second
time
,
5
El.
c.
14.
Gaoler
enforcing
his
Prisoner
to
become
an
approver
.
Hawks
embezelled
,
and
not
brought
to
the
Sheriff
.
Hawks
concealed
,
or
stollen
from
the
owner
.
Hunting
Deer
or
Conies
in
the
night
,
and
upon
examination
concealing
the
offence
,
or
disobeying
the
arrest
for
such
offence
.
Taking
a
tame
beast
or
other
thing
in
a
park
by
way
of
robbery
.
Marrying
a
second
husband
or
wise
,
the
first
living
,
1
Iac.
c.
11.
Multiplication
of
gold
or
silver
.
Infected
with
the
plague
,
going
into
company
contrary
to
command
,
1
Iac.
c.
31.
Willful
poisoning
,
if
the
party
die
within
a
year
and
a
day
after
.
To
receive
,
relieve
or
maintain
Popish
Priests
.
Recusants
refusing
to
abjure
,
or
return
after
departure
.
Purveyor
taking
for
the
Kings
house
any
thing
above
twelve
pence
.
1.
Without
warrant
under
the
great
seal
,
vide
Dal.
284.
2.
Buying
any
thing
in
any
other
manner
then
is
contained
in
their
warrant
.
3.
Taking
any
carriage
in
any
other
manner
then
is
comprised
in
their
commission
.
4.
Shall
carry
away
any
thing
against
the
owners
will
,
without
paying
or
agreeing
for
the
same
.
5.
Shall
not
make
his
provision
&
purveyance
by
the
testimony
and
apprizement
of
the
Constable
and
four
neighbours
sworn
,
if
the
purveyor
and
owner
cannot
agree
,
and
shall
not
deliver
Tales
or
Indentures
sealed
with
his
seal
touching
the
same
.
6.
Or
shall
take
more
victuales
or
carriages
then
he
shall
deliver
unto
the
Kings
house
.
7.
Or
take
sheep
in
wool
betwixt
Easter
and
Midsummer
at
small
prices
,
or
more
then
be
sufficient
for
the
Kings
house
,
and
carry
them
to
his
own
,
and
shear
them
.
In
every
of
these
cases
it
seemeth
to
be
felony
in
such
purveyor
,
their
deputy
and
servants
.
A
Chater
of
any
subject
or
officer
,
taking
any
thing
against
the
owners
consent
,
&
not
paying
presently
,
36
E.
3.
c.
6.
7
R.
2.
c.
8.
23
H.
6.
c.
14.
Dal.
287.
Cro.
48.
a.
Incorrigible
Rogues
banished
the
Realm
,
and
returning
without
licence
,
39
El.
c.
4.
Robbing
house
,
barn
,
or
stable
in
the
day
,
to
the
value
of
5
shillings
though
no
body
be
within
,
39
El.
c.
15.
no
Clergy
.
Robbing
any
house
by
day
or
by
night
,
any
person
being
therein
,
and
thereby
put
in
fear
:
ib●d.
without
Clergy
.
Robbing
any
person
in
part
of
his
dwelling
any
of
his
houshould
being
within
,
ibid.
without
Clergy
.
To
rob
any
Booth
in
Fair
or
Market
,
any
person
thereto
belonging
being
within
sleeping
or
waking
,
ibid.
sans
Clergy
.
Servant
(
other
then
an
apprentice
)
to
whom
money
,
goods
or
chattles
,
&c.
are
delivered
to
keep
by
master
or
mistress
to
the
value
of
forty
shill
,
going
away
therewith
,
or
converting
them
to
his
own
use
,
to
the
intent
to
sell
the
same
,
or
defraud
his
master
or
mistress
,
21
H.
8.
cap.
7.
5
El.
cap.
13.
Dal.
264.
Souldiers
going
out
of
the
Realm
to
serve
a
forein
Prince
,
not
having
first
taken
the
oath
of
allegeance
,
3
Jac.
c.
4.
Dal.
284.
A
Gentleman
,
or
of
higher
degree
,
Captain
,
or
other
Officer
in
camp
,
going
to
serve
a
foreiner
before
he
is
bound
with
two
sureties
to
the
King
,
not
to
be
reconciled
to
the
Pope
,
&c.
nor
to
make
nor
consent
to
any
conspiracy
against
the
King
,
3
Jac.
c.
4.
Souldiers
having
taken
prest-money
not
going
with
their
Captain
;
or
being
in
service
departing
without
licence
,
18
H.
6.
c.
19
Cook
6.
27.
7.
H.
7.
c.
2.
3
H.
8.
c.
5.
Mariners
and
Gunners
taking
prest-money
to
serve
the
King
,
and
departing
without
licence
,
5
El.
e.
5.
Souldiers
and
Mariners
which
settle
notthemselves
to
some
good
course
of
life
,
but
wander
idlely
,
39
El.
c.
17
Souldiers
and
Mariners
landing
,
and
not
having
a
Testimonial
from
some
Justice
of
Peace
near
their
landing
,
ibid.
2.
Or
exceeding
the
time
limited
wilfully
fourteen
daies
.
Vide
43
El.
c.
3.
that
they
shall
be
punished
as
Rogues
.
3.
Or
forge
,
or
have
forged
Testimonial
;
knowing
it
to
be
forged
.
4.
Or
being
retained
in
service
after
arraignment
,
doth
depart
within
the
year
without
the
Masters
licence
,
39
El.
c.
17.
In
all
these
former
cases
,
see
the
stat.
43
El.
c.
3.
That
Souldiers
and
Mariners
begging
or
counterfeiting
a
Certificate
from
their
Captain
,
&c.
shall
be
adjudged
and
punished
as
Rogues
,
Dal.
285.
Vide
Rogues
.
Transporting
live
sheep
,
the
second
offence
is
felony
,
8.
El.
c.
3.
Ravishing
a
woman
with
force
,
though
consenting
afterward
,
13
E.
1.
3.
W.
2.
18.
El.
c.
6.
All
abettors
in
rape
are
principals
,
Dal.
289.
Cro.
47.
b.
To
ravish
a
harlot
against
her
will
is
rape
,
ibid.
To
take
any
maid
,
widow
;
or
wise
having
lands
or
goods
,
or
being
heir
apparent
to
her
ancestor
,
against
her
will
,
unlawfully
.
And
to
receive
any
so
taken
knowing
thereof
,
or
to
procure
and
abet
the
same
,
3
H.
7.
c.
2.
Dal.
Cro.
ibid.
To
abuse
a
woman
carnally
under
10
years
of
age
,
18
El.
c.
6.
To
take
a
mans
wife
with
her
husbands
goods
against
her
will
,
or
her
husbands
,
13
E.
1.
34.
West
.
2.
Stamf.
94.
Dal.
290.
Cro.
35.
a.
nu.
2.
Feloniously
to
take
goods
out
of
any
Church
or
Chappel
,
Lam.
420.
A
woman
delivered
of
a
bastard
,
doth
by
drowning
or
secret
burying
thereof
by
her self
or
other
conceal
the
death
thereof
,
so
that
it
may
not
come
to
light
:
if
it
were
dead
born
or
alive
,
it
is
murder
in
the
mother
,
except
she
can
prove
by
one
witness
that
the
child
was
born
dead
,
21
Jac.
c.
27.
Dal.
290.
To
acknowledge
any
fine
,
recovery
,
deed
inrolled
,
flat
.
recog.
bail
or
judgement
in
the
name
of
another
not
privy
to
the
same
,
is
felony
without
clergy
,
21
Jac.
c.
26.
Dal.
284.
Felony
done
in
one
Kings
daies
may
be
tried
in
another
Kings
time
,
Cro.
37.
a.
nu.
31.
Dal.
297.
A
felony
is
done
in
one
county
,
and
the
felon
flieth
into
another
,
and
is
there
taken
he
is
to
be
commited
to
the
gaol
of
the
county
where
he
was
taken
,
&
be
removed
by
writ
to
the
gaol
of
the
county
where
the
felony
was
done
,
Dal.
298.
For
stealing
goods
in
one
county
,
and
carrying
them
into
another
county
,
the
felon
may
be
indicted
in
either
county
.
But
for
robbery
the
indictment
must
be
in
the
county
where
the
robbery
was
,
Dal.
298.
Bro.
cor.
140.
indict
.
26.
One
stealeth
stollen
goods
,
the
owner
may
indict
the
first
or
the
second
Dal.
298.
Any
man
may
prosecute
for
stealing
bona
ignoti
,
Dal.
ibid.
If
the
owner
will
not
charge
the
felon
,
any
other
(
after
proclamation
made
,
If
any
will
inform
for
the
King
)
may
safely
inform
,
indict
and
give
evidence
,
Dalt
.
298.
But
A
Justice
of
Peace
hearing
of
any
that
can
inform
,
may
send
for
him
,
examine
him
,
and
bind
him
to
give
evidence
,
Dal.
298.
Felony
of
his
own
goods
,
vide
Theft
.
.
Ferrets
,
vide
Hunting
.
.
Fewell
.
One
Justice
of
P.
may
set
on
the
Pillory
,
in
the
next
Market
town
to
the
place
of
offence
,
any
person
convicted
of
breaking
the
assise
of
fewel
,
and
not
able
to
pay
the
forfeiture
;
there
to
be
at
eleven
of
the
clock
on
the
Market-day
,
with
a
billet
or
faggot
bound
to
some
part
of
his
body
.
Quaere
,
whether
one
Justice
may
convict
him
alone
,
7
E.
6.
cap
7.
Lam.
196.
Fines
.
Fine
taketh
his
name
of
the
Latine
finis
,
for
that
it
maketh
an
end
with
the
King
for
the
imprisonment
laid
upon
the
offender
,
for
the
offence
committed
against
him
,
Lam.
574.
Upon
paiment
of
the
fine
,
or
upon
pledges
found
by
a
recognizance
to
pay
it
,
the
offender
ought
to
be
delivered
,
Lam.
ibid.
The
assessment
of
fine
belongeth
to
the
Justices
before
whom
the
conviction
is
lawfully
had
,
Lam.
576.
Stander
by
when
a
man
was
slain
,
is
to
be
●mprisoned
till
he
make
his
fine
,
because
he
●id
not
his
best
to
attach
the
murderer
:
so
of
●ther
felonies
,
Lam.
132
,
289.
Fine
upon
a
forcible
entry
or
detainer
up●n
offenders
convicted
of
record
by
a
Just.
of
●eace
,
and
by
him
committed
to
the
Gaol
,
●hall
be
assessed
by
the
same
Justice
,
and
upon
●onds
with
sureties
he
may
enlarge
them
,
Ta●un
quaere
;
and
estreat
it
,
and
send
it
into
the
Exchequer
:
but
it
is
best
to
leave
the
fine
to
●he
discretion
of
the
Kings
Bench
,
Lam.
158
,
159.
Dal.
58.
Upon
conviction
for
offences
,
where
no
●ine
certain
is
limited
,
no
fine
can
be
assessed
●ill
the
offender
be
brought
in
by
Capias
pro
●ine
,
or
otherwise
,
unless
it
be
for
Alehouses
and
High-waies
,
Lam.
573.
Where
any
statute
speaketh
of
fine
&
ransome
,
the
ransome
ought
to
be
at
least
treble
●he
fine
,
Lam.
575.
The
opinion
of
Sir
Edward
Coke
is
,
that
fine
and
ransome
are
all
one
,
vid.
well
discussed
,
Cok.
institut.
127.
a.
Where
the
statute
maketh
an
offence
fineable
in
general
terms
,
or
at
the
Kings
will
,
the
Justices
of
Peace
before
whom
the
conviction
●s
had
,
may
assess
the
fine
,
which
is
fittest
to
be
done
in
open
Sessions
,
Lam.
576.
Fines
upon
the
statute
of
tiles
,
of
cross-bows
&
of
alehouses
,
by
express
words
of
the
statute
,
may
not
be
altered
,
Lam.
578.
Fines
must
be
reasonable
and
just
,
according
to
the
quality
of
the
offence
,
34
Ed.
3.
cap.
1.
Lam.
577.
After
one
is
taken
by
a
Capias
pro
fine
,
the
Justices
of
Peace
are
to
assess
the
fine
by
their
discretion
,
and
to
deliver
the
party
,
Lam.
574.
Fines
of
Rioters
,
vide
Riots
.
.
Fines
of
Brewer
,
Baker
,
Tipler
,
vide
Assise
of
Bread
.
.
Fish
.
Stealers
of
fish
out
of
ponds
,
and
cutters
of
ponds
heads
,
are
to
be
bound
to
the
good
behaviour
,
and
three
moneths
imprisonment
▪
and
to
the
party
grieved
his
treble
damages
,
5
El.
21.
Lam.
446.
See
3
Jac.
13.
If
any
cast
nets
into
waters
,
by
which
the
fry
of
fish
may
be
taken
,
or
take
Salmons
betwixt
the
nativity
of
Mary
and
S.
Martin
,
or
young
Salmons
betwixt
the
midst
of
April
&
Midsummer
,
one
Just
▪
may
punish
them
for
the
first
offence
,
by
burning
their
nets
and
engines
;
for
the
second
,
by
3
moneths
imprisonment
;
for
the
third
,
by
one
years
imprisonment
;
&
for
any
of
them
,
by
fine
at
the
discretion
of
the
Just
.
17.
R.
2.
c.
9.
Lam.
190
,
454
,
576.
Forfeiture
upon
the
stat.
3
Jac.
c.
12.
where
any
offence
is
committed
,
in
destroying
the
spawn
or
brood
of
sea-fish
,
may
be
levied
by
distress
&
sale
of
the
offenders
goods
,
by
warrant
from
one
Just.
of
P.
to
the
Constables
or
Church-wardens
,
3
Jac.
c.
12.
the
forfeiture
given
is
10
s.
the
one
moiety
to
the
poor
,
&c.
the
other
to
the
person
that
shall
sue
for
the
same
.
He
that
shall
by
preaching
,
teaching
,
writing
,
or
shall
notifie
upon
open
speech
,
that
the
eating
of
fish
,
or
forbearing
of
flesh
upon
any
daies
now
usually
observed
for
fish-daies
,
is
for
necessity
of
salvation
of
souls
,
or
is
the
service
of
God
,
otherwise
then
other
publick
●aws
be
,
shall
be
punished
as
spreaders
of
false
news
are
and
ought
,
&c.
5
El.
c.
5.
1
Iac.
c.
29
,
Lam.
442.
Fish-days
.
Any
,
except
aged
,
sick
,
with
child
,
or
licensed
,
eating
flesh
in
Lent
,
or
on
fish
days
,
loseth
20
shill.
and
one
moneths
imprisonment
,
5
El.
c.
5.
27
El.
c.
11.
Lamb.
458.
35
Eliz.
cap.
7.
1
Iac.
c.
29.
Taverners
,
Inn-keepers
,
common
Tabling-house
,
Tipler
,
or
Alehouse
keeper
,
offending
againg
the
statutes
,
5
El.
c.
5.
&
1
Iac.
c.
29.
for
killing
,
dressing
,
and
eating
of
flesh
,
is
to
lose
the
flesh
,
and
the
penalty
of
5
El.
c.
5.
which
is
3
pounds
1
Iac.
c.
29
Lam.
358.
Forfeiture
upon
the
Statute
1
Iac.
c.
29
for
eating
of
flesh
,
except
such
as
be
taken
by
the
Justices
of
Peace
,
Majors
,
Bailiffs
,
head
officers
,
or
Constables
,
are
to
be
equally
divided
betwixt
the
King
and
the
Informer
,
1
Iac.
c.
29.
expired
.
Licence
granted
to
sick
persons
to
eat
flesh
on
fish
daies
,
shall
be
no
warrant
for
them
to
eat
beef
,
mutton
,
veal
,
pork
,
or
bacon
,
1
Iac.
c.
29.
expired
.
Butcher
or
other
,
though
licensed
,
killing
in
Lent
to
sell
any
oxe
,
beef
,
hog
,
calf
,
or
mutton
,
except
three
daies
next
before
Easter
,
or
oxen
or
beef
for
victualling
of
ships
,
loseth
the
meat
or
value
,
1
Iac.
c.
29.
expired
.
Justice
of
Peace
,
or
head-officers
of
corporations
,
or
Constables
of
Towns
,
may
in
lent
search
Victuallers
houses
suspected
of
dressing
flesh
;
and
finding
any
flesh
,
beef
,
hog
,
calf
,
or
mutton
,
may
seise
on
it
,
and
give
it
to
the
poor
,
1
Jac.
c.
29.
EXP.
Bishop
of
the
Diocess
,
Parson
,
Vicar
,
or
Curate
of
the
Parish
where
one
is
sick
,
may
grant
licence
for
eating
of
flesh
,
which
must
be
signed
with
the
hand
of
the
Bishop
,
Parson
,
&c.
and
endure
no
longer
then
the
sickness
,
5
El.
c.
5.
Any
person
granting
licence
without
need
loseth
five
marks
,
and
the
licence
is
void
,
ibid.
Flax.
Forefeiture
due
to
the
Informer
upon
the
statute
of
flax
and
hemp
to
be
levied
by
what
Process
the
Justice
will
,
24
H.
8.
c.
4.
Lam.
584.
but
24
H.
8.
c.
4.
is
repealed
by
35
El.
c.
7.
Flesh
,
vide
Fish-daies
.
.
Forein
power
,
vide
Treason
.
.
Forein
plea
,
vide
Trial.
.
Force
.
Every
trespass
in
judgement
of
law
is
a
force
,
and
the
action
may
be
,
quare
vi
&
armis
,
Dal.
199.
Lam.
141.
That
which
is
properly
force
,
is
either
Manu
forti
,
or
Multitudine
.
Manu
forti
,
is
violence
offered
to
the
person
of
another
by
deed
or
word
,
Dal.
199.
By
deed
,
as
actual
violence
,
or
to
be
furnished
with
offensive
weapons
not
usually
born
,
ibid.
Any
thing
which
a
man
taketh
in
his
hand
●o
throw
it
at
another
,
may
be
said
to
be
ar●our
,
Cro.
74.
b.
Multitudine
,
where
there
be
two
or
three
●●
a
company
,
or
more
,
Dal.
199.
Who
shall
be
said
to
enter
with
force
.
Forcible
entry
must
be
an
actual
entry
,
Dal.
199.
If
one
or
more
come
weaponed
,
especially
with
weapons
unufally
worn
,
&
violently
en●er
into
an
house
or
land
,
Lam.
142.
Dal.
199.
Much
more
being
entred
,
if
he
or
they
offer
●iolence
,
or
fear
of
harm
to
any
in
possession
,
●r
drive
any
out
of
possession
,
Dal.
ibid.
Lam.
142.
Many
come
to
do
a
force
,
and
one
only
useth
force
,
all
are
guilty
,
Dal.
204.
Lam
143.
To
enter
peaceably
,
and
forcibly
to
put
out
an
other
,
Dal.
ibid.
Lam.
ibid.
To
enter
peaceably
,
and
after
to
offer
violence
,
threatnings
,
or
fear
of
harm
to
one
in
possession
,
with
intent
to
get
him
out
,
though
beget
him
not
out
,
Dal.
ibid.
Lam.
ibid.
Entring
peaceably
,
&
saying
they
will
hold
,
although
they
die
for
it
,
Lam.
146
Dal.
200.
To
enter
peaceably
with
weapons
(
not
usually
born
by
them
)
to
house
open
,
or
grounds
,
Dal.
ibid.
The
Master
entring
with
moe
servants
then
usually
,
ibid.
A
trespass
made
manu
forti
,
or
cum
multitudine
,
though
it
be
to
cut
or
take
way
another
mans
corn
,
grass
,
or
goods
,
or
fell
or
crop
wood
,
or
to
do
any
other
trespass
,
though
the
party
be
not
put
out
of
possession
,
yet
it
seemeth
forcible
entry
punishable
by
the
statutes
but
otherwise
if
the
entry
be
peaceable
,
ye
it
is
disseising
with
force
,
Lam.
143.
Dal.
200
▪
To
enter
peaceably
,
and
after
entry
,
by
force
or
violence
to
cut
corn
,
grass
,
wood
,
&c.
or
carry
away
anothers
goods
,
is
force
,
Dal.
200.
Cro.
70.
a.
To
distrain
for
rent
due
or
nto
due
with
force
,
doth
countervail
a
force
,
Dal.
ibid.
Lam.
144.
Divers
enter
where
the
entry
is
not
lawful
,
and
all
save
one
demean
themselves
peaceably
,
and
one
only
entreth
with
force
,
or
after
entry
useth
force
,
it
is
forcible
entry
in
all
▪
Cro.
22.
a.
nu.
15.
24.
b.
nu.
43.
34.
b.
nu.
1●
▪
Lam.
143.
Dal.
217.
In
all
these
cases
of
trespass
only
the
Justice
o●
Peace
may
,
as
it
seemeth
,
remove
the
force
,
a●●
upon
view
imprison
and
fine
,
Dal.
200
,
202.
a●●
upon
view
the
Justice
may
instantly
commit
th●
offender
,
and
record
the
force
,
Co.
l.
8.
f.
120.
Forcible
entry
by
words
.
To
enter
peaceably
,
and
then
to
offer
b●
threatning
to
kill
the
dissessee
if
he
re-enter
▪
Dal.
200.
What
is
not
force
.
To
enter
by
fair
means
,
his
entry
being
law
▪
ful
,
and
perswade
them
within
to
come
ou●
and
the
door
being
open
,
or
shut
by
the
latch
to
enter
without
multitude
,
or
offensiv●
weapons
,
or
other
violence
,
Dal.
201.
To
enter
peaceably
and
quietly
,
gettin●
other
out
,
and
quietly
to
hold
it
,
Dal.
ibid.
To
enter
peaceably
into
a
house
,
and
find●ng
armour
or
weapons
,
not
to
remove
them
,
●am.
145.
To
take
a
man
being
out
of
his
house
,
and
●mprison
him
,
and
in
the
mean
time
to
send
●nother
peaceably
to
enter
,
is
no
force
,
Lam.
●46
.
Dal.
201.
He
that
only
agreeth
to
a
forcible
entry
made
to
his
use
,
is
only
disseisor
,
Dal.
204.
What
shall
be
said
a
forcible
detainer
.
Forcible
detainer
is
of
lands
and
tenements
not
of
the
person
,
Lam.
146.
Dal.
201.
If
entry
be
peaceable
,
and
the
detainer
forcible
,
it
is
punishable
,
except
quiet
possession
had
been
had
for
three
years
,
Dal.
ibid.
To
deny
a
Justice
of
Peace
to
enter
(
upon
supposal
of
a
forcible
detainer
)
is
forcible
detainer
,
though
it
be
but
by
one
person
,
and
no
weapons
shewed
,
Dal.
ibid.
P.
R.
41.
Lam.
145.
Cro.
70.
b.
nu.
40.
If
the
Justice
enter
,
and
findeth
any
armed
,
or
any
armour
or
unusual
weapons
lying
by
them
,
or
finde
more
then
the
ordinary
family
,
Lam.
145.
Dal.
202.
To
enter
peaceably
,
and
after
to
bring
in
more
weapons
,
or
use
the
weapons
found
in
the
house
to
defend
his
possession
,
or
place
some
with
weapons
in
an
house
adjoyning
ready
to
assail
the
enterers
,
Lam.
145.
Dal.
202.
The
disseiser
forestalleth
the
way
of
the
disseised
with
force
,
so
that
he
dare
not
come
near
,
Dal.
202.
Lam.
145.
Cro.
69.
b.
nu.
26.
To
keep
cattel
by
force
where
he
hath
no
common
,
the
Justice
may
imprison
and
fine
,
but
not
make
restitution
,
Dal.
ibid.
Cro.
●●
P.
R.
39.
To
detain
a
house
morgaged
by
force
fr●●
the
morgager
is
forcible
detainer
,
Dal.
●0●
▪
What
is
forcible
detainer
by
word●
To
enter
peaceably
,
and
after
to
thre●●
to
kill
the
disseised
if
he
come
again
,
D●●
202.
Lam.
146.
It
seemeth
to
amount
to
a
forcible
detaine●
to
threaten
to
maim
,
beat
,
or
do
bodily
hu●●
to
the
disseised
if
he
come
again
,
Dal.
ibid
▪
for
that
death
may
ensue
upon
such
beating
or
hurt
.
What
is
no
forcible
detainer
.
One
entreth
peaceably
into
a
house
,
and
finding
armour
or
weapons
,
doth
not
remove
them
,
Lam.
145.
What
is
not
force
able
detainer
by
word
.
To
threaten
to
burn
his
house
or
spoile
his
goods
,
to
deny
to
open
the
doors
,
to
deny
to
go
out
,
Dal.
202.
What
is
forcible
detainer
of
rent
.
The
tenant
resisteth
so
forcibly
,
that
the
owner
cannot
distrain
for
his
rent
,
nor
use
his
common
of
pasture
,
Dal.
203.
Lam.
146.
Cro.
70.
a.
nu.
27.
P.
R.
39.
The
tennant
forestalleth
the
way
by
force
and
arms
,
or
threatneth
him
that
hath
the
rent
or
common
,
that
he
dareth
not
distrain
or
use
his
common
,
ibid.
The
tenant
maketh
rescuous
of
the
distress
●h
force
and
arms
,
Dal.
ibid.
Cro.
69.
a.
●
.
26.
●n
these
cases
of
rent
or
common
,
the
Justice
●●
remove
the
force
,
record
it
upon
view
,
im●on
and
fine
,
but
can
award
no
restitution
,
●
.
ibid.
What
persons
may
make
a
force
.
One
alone
,
if
it
be
with
offensive
weapons
●
turbulent
behaviour
,
to
the
affray
of
o●rs
,
Dal.
●03
.
Lam.
143.
An
infant
of
the
age
of
18.
Dal.
ibid.
Cro.
69.
●nd
so
he
may
though
he
be
under
18.
A
feme
covert
may
by
her
own
act
make
●rcible
entry
or
detainer
,
and
she
may
be
●prisoned
and
fined
,
but
the
fine
cannot
be
●ied
on
the
husband
,
Dal.
204.
Consent
.
If
one
command
or
counsel
others
to
a
●ce
,
and
be
present
,
though
he
do
nothing
,
●
is
a
principal
,
Dal.
204.
but
if
absent
,
a
dis●●er
.
Divers
enter
,
one
only
committeth
force
,
●
are
guilty
,
ibid.
Cro.
22.
a.
nu.
15.
24.
b.
nu.
●
34.
b.
nu.
15.
Lam.
143.
Who
cannot
be
put
out
.
The
King
cannot
be
disseised
,
therefore
an
●dictment
upon
the
statute
8
H.
6.
for
the
●●g
is
not
good
;
neither
can
the
Kings
Far●●
preser
a
Bill
of
Endictment
upon
the
said
●ute
,
but
must
have
an
Information
in
the
●chequer
,
Dal.
205.
Cro.
69.
a.
nu.
13.
Where
one
may
hold
with
force
.
Where
one
hath
peaceably
entred
,
and
af●●
continued
in
quiet
possession
without
int●●ruption
for
3
years
together
,
Lam.
159.
D●●
210.
211.
and
may
hire
strangers
to
mainta●●
his
possession
,
and
have
his
company
in
●●mour
,
Dal.
ibid.
Cro.
71.
a.
b.
but
he
may
not
●sist
the
Justice
of
Peace
that
cometh
to
vie●
▪
Upon
inditement
of
forcible
holding
,
t●
plea
of
three
years
lawful
possession
next
●●fore
,
avoideth
imprisonment
,
fine
,
and
re●●tution
,
Dal.
211.
But
it
holdeth
not
,
1.
If
the
entry
were
forcible
,
though
t●
holding
peaceable
.
2.
If
the
holding
were
forcible
,
thou●
the
entry
peaceable
.
3.
If
a
disseiser
have
continued
peacea●
3
years
.
Quaere
if
he
shall
be
helped
,
by
8
▪
6.
or
31
El.
c.
11.
If
a
disseiser
have
forcib●
continued
his
possession
20
years
,
he
m●
be
endicted
upon
8
H.
6.
&
the
Justices
m●
make
restitution
,
14
H.
7.
c.
28.
Lam.
160.
D●●
211.
Cro
71.
a.
nu.
49.
4.
If
the
possession
of
3
years
have
been
i●●errupted
,
Cro.
71.
a.
Lam.
162.
Dal.
211.
A
disseiser
quietly
holdeth
3
years
,
a●
after
the
disseisee
entreth
or
maketh
clai●
the
disseiser
re-entring
cannot
hold
wi●●
force
,
for
he
is
in
upon
a
new
disseising
Dal.
212.
A
lawful
possessor
,
after
twenty
years
p●session
is
outed
,
he
can
neither
re-enter
,
●●
hold
with
force
,
ibid.
What
force
is
lawful
.
Force
used
by
the
Kings
Officers
for
the
●è
execution
or
advancement
of
justice
,
or
●
the
judgment
of
the
law
:
as
,
1.
To
pursue
,
apprehend
,
and
carry
to
pri●n
offenders
in
treason
,
felony
,
or
other
●eat
crimes
.
2.
A
Sheriff
or
his
Officers
to
apprehend
●
virtue
of
the
Kings
Writ
.
3.
A
Justice
removing
unlawful
entries
,
or
●lding
of
possessions
,
and
repressing
rioters
,
●al.
208.
4.
Justice
,
Sheriff
,
Constables
,
or
Coroners
,
●ay
use
force
in
apprehending
or
imprison●g
such
as
in
their
presence
attempt
to
dis●rb
or
break
the
Peace
.
5.
It
is
lawful
by
force
to
break
open
●●ors
,
to
arrest
offenders
within
,
if
the
Officer
●●nnot
otherwise
enter
.
Note
,
that
the
Officer
is
first
to
signifie
the
cause
of
his
comming
,
before
he
attempt
to
break
open
the
doors
,
Dal.
209.
as
,
First
,
for
treason
,
felony
,
or
suspition
of
fe●●ny
,
Cro.
170.
b.
2.
Where
one
hath
dangerously
wounded
●●other
,
Cro.
131.
a.
3.
An
affray
being
in
the
house
,
Cro.
146.
b.
4.
Upon
a
forcible
entry
or
detainer
found
●●
inquisition
,
Dal.
208.
5.
Upon
a
Capias
utlegatum
in
personal
act●on
,
or
Capias
pro
fine
directed
to
the
Sheriff
,
●ro
.
170.
b.
6.
Upon
Warrant
or
Process
for
attaching
a
●
Popish
Recusant
excommunicate
,
3
Jac.
c.
4.
7.
Upon
Warrant
for
the
Peace
or
good
behaviour
,
Dal.
209
,
333.
but
Cro.
176.
b.
maketh
a
Quaere
.
8.
Upon
recovery
in
a
real
action
,
or
ejectione
firmae
,
but
not
to
execute
the
Kings
Process
upon
the
body
or
goods
of
any
person
●
the
suit
of
any
subject
,
Dal.
209.
9.
In
cases
where
the
King
is
party
,
ibid.
Forcible
defence
is
lawful
.
1.
For
every
man
to
keep
his
house
to
himself
,
his
family
and
goods
,
as
his
castle
,
as
well
for
defence
against
injury
,
as
for
his
repose
,
Vide
plus
Houses
,
Dal.
209.
2.
In
defence
of
husband
,
wife
,
father
,
mother
,
or
master
,
Dal.
184.
3.
Father
or
mother
in
defence
of
the
child
within
age
,
Dal.
ibid.
4.
In
defence
of
my
goods
or
my
land
,
Dal.
ibid.
5
An
heir
or
feoffee
may
keep
possession
by
force
,
if
they
and
their
ancestors
or
feoffors
,
or
they
whose
estate
they
have
,
have
been
in
peaceable
possession
three
years
,
Dal.
210
,
In
these
cases
he
that
attempteth
may
be
disturbed
;
and
if
he
attempt
to
assault
or
lame
me
,
I
may
beat
him
again
,
as
well
in
defence
of
my
person
as
possessions
,
but
not
kill
him
,
Dal.
ibid.
If
one
will
take
my
goods
,
I
must
first
lay
my
hands
on
him
,
and
disturb
him
;
if
he
will
not
desist
,
I
may
beat
him
,
Dal.
185.
What
Justices
of
Peace
are
to
doe
in
forcible
entry
or
detainer
.
Every
Justice
upon
complaint
or
notice
given
,
ought
at
the
cost
of
the
party
grieved
to
●o
execution
:
viz.
1.
He
must
go
to
the
place
,
Dal.
57.
Lam.
147.
2.
Take
sufficient
power
of
the
County
,
or
of
the
Town
,
and
the
Sheriff
also
(
if
need
be
)
●s
well
to
arrest
offenders
,
as
also
for
remo●ing
of
the
force
,
and
for
conveying
them
to
●he
Goal
,
Dal.
ibid.
Lam.
ibid.
Whosoever
of
that
County
shall
refuse
to
give
his
attendance
,
and
assist
the
Justice
shall
be
imprisoned
,
and
make
fine
,
Dal.
56.
15
R.
2.
c.
2.
3.
Arrest
and
remove
all
offenders
,
and
take
●heir
weapons
,
and
prize
them
for
the
King
,
Dal.
ibid.
If
the
doors
be
shut
,
and
entrance
denied
,
●e
may
break
open
the
house
,
Dal.
57.
Quaere
.
The
Justice
cannot
arrest
or
remove
them
,
The
finde
no
force
,
except
by
enquiry
,
Dal.
ib.
4.
The
Justice
ought
to
make
a
record
of
●he
force
,
and
either
keep
it
by
him
or
indent
●
,
and
certifie
one
part
either
into
the
Kings
●ench
,
or
to
the
Clark
of
the
Peace
,
and
keep
●he
other
,
Dal.
ibid.
One
Justice
of
Peace
upon
his
own
view
of
forcible
detainer
,
may
record
the
s●me
by
15.
R.
2.
c.
2.
Cro.
61.
l.
nu.
9.
The
Justice
or
Justices
recording
a
force
upon
his
or
their
view
,
may
not
put
the
party
put
out
into
possession
,
but
must
first
enquire
by
a
Jury
,
and
the
force
being
found
,
put
the
party
outed
into
possession
,
Dal.
59.
The
record
of
the
Justice
is
a
sufficient
conviction
of
the
offender
,
and
is
not
traversable
,
ibid.
5.
The
Justice
ought
to
commit
immediately
to
the
next
Goal
,
those
which
he
findeth
continuing
the
force
,
until
they
pay
their
fine
,
ibid.
&
115.
or
forfeit
an
100
pounds
,
ibid.
But
such
force
must
be
in
the
presence
or
view
of
the
Justice
.
6.
The
Justices
,
or
some
of
them
that
see
the
force
,
are
the
proper
Judges
of
that
offence
,
and
may
assess
the
fine
,
but
it
must
be
upon
every
one
severally
,
Dal.
115.
and
is
to
be
st●eated
into
the
Exchequer
;
upon
which
assessing
and
estreating
the
party
is
to
be
delivered
,
Dal.
58.
Lam.
159.
And
so
upon
paiment
of
the
fine
to
the
Justice
,
or
recognizance
for
paiment
,
Dal.
58.
vide
Lam.
159.
Quaere
,
for
the
Sheriff
is
accountable
for
all
fines
:
and
Lamb.
adviseth
to
refer
it
over
to
the
Kings
Bench
,
Lam.
159.
Or
the
Justice
may
record
the
force
,
commit
the
offenders
,
and
certifie
the
record
to
the
Justices
of
Assize
,
or
to
the
Sessions
,
and
there
the
offenders
be
fined
,
Dal.
58.
But
ought
more
properly
to
be
assessed
by
them
that
record
the
force
,
Dal.
91.
and
to
be
of
value
.
Or
the
Justice
may
certifie
the
record
into
the
Kings
Bench
,
refer
the
fine
thither
,
Dal.
58.
which
Lambert
thinketh
the
best
course
▪
Lam.
159.
The
fines
must
be
reasonable
,
secund
●●
quantitatem
&
qualitatem
delicti
,
Lam.
577.
7.
The
force
ought
to
be
inquired
of
in
●ome
good
place
or
town
,
neer
where
the
●orce
was
,
Da.
58.
and
that
within
a
moneth
,
●f
it
be
a
riot
,
Dal.
115.
One
Justice
may
en●uire
,
Dal.
58.
Enquiry
may
be
though
the
offenders
be
●ot
present
,
or
though
the
Justice
go
not
to
●ee
the
place
where
the
force
is
.
Dal.
58
,
Lam●ert
152.
Without
enquiry
there
can
be
no
restitu●on
,
Dal.
59.
Cro.
161.
b.
164.
a.
Upon
enquiry
making
,
the
Justice
must
di●ect
his
precept
to
the
Sheriff
to
summon
●4
of
40
shill.
a
year
land
per
annum
,
Dal.
●13
.
vid.
the
form
,
Cro.
132.
b.
Dal.
400.
If
the
Sheriff
do
not
duely
execute
the
Justices
precept
for
the
returning
of
a
Jury
,
he
forfeiteth
10.
li.
8.
H.
6.
c.
9.
Dal.
58.
Upon
default
the
Justice
may
award
an
●lias
and
pluries
infinite
till
they
come
.
The
Sheriff
,
at
the
day
of
the
second
pre●ept
,
must
return
40
shill.
in
issues
upon
every
●ne
,
at
the
third
Writ
5
pound
,
and
at
every
●ay
after
the
double
,
8
H.
6.
c.
9.
If
any
Jurour
have
not
40
shillings
land
,
●et
the
enditement
is
good
for
the
King
.
Quare
if
there
shall
be
restitution
,
Lam.
152.
Dalton
213.
Returning
of
smaller
issues
then
the
statute
,
●indreth
not
the
inquiry
,
Dal.
ibid.
Lam.
ibid.
8.
Upon
enquiry
the
Justice
may
make
re●itution
,
wherein
the
Justice
needeth
not
to
●xamine
the
title
,
Dal.
214.
Lam.
156.
No
restitution
before
inquisition
,
ibid
Cro.
●61
.
b.
164.
a.
Dal.
214.
In
the
inditement
not
onely
the
entry
,
but
also
the
putting
out
must
be
,
and
&
adhuc
extra
tenent
,
Lam.
153.
for
lack
of
these
words
no
restitution
can
be
made
,
Dal.
214.
Cromp.
163
b.
Lam.
153.
The
inditement
must
be
good
both
in
matter
and
form
,
Dal.
215.
the
words
manis
for●i
,
or
cum
multitudine
,
are
necessary
,
ibid.
The
inditement
must
express
the
quality
of
the
thing
,
whether
messuage
,
cottage
,
&c.
tenementum
may
extend
to
either
,
and
so
incertain
,
Dal.
214.
If
restitution
be
made
by
a
Justice
upon
an
insufficient
enditement
,
the
Kings
Bench
will
restore
the
other
,
Dal
,
215.
Cro.
162.
a.
If
errour
be
in
the
enditement
,
any
two
o●
these
Justices
which
were
at
the
taking
of
the
enditement
,
upon
prayer
of
the
party
,
may
grant
a
supersedeas
to
stay
restitution
,
if
restitution
be
not
made
,
Dal.
215.
Cro.
165.
a.
But
no
Justice
not
present
can
grant
a
supersedeas
,
ibid.
The
Justice
may
make
restitution
,
or
give
warrant
to
the
sheriff
,
or
certifie
into
the
Kings
Bench
,
and
leave
the
award
of
restitution
to
that
Court
,
Dal.
216.
Lam.
156.
None
can
grant
restitution
,
but
they
before
whom
the
force
was
found
,
Dal.
216.
except
the
Kings
Bench.
None
can
personally
restore
the
party
,
but
he
that
took
the
enquiry
,
Dal.
216.
And
that
by
precept
to
the
Sheriff
,
Lam.
158.
After
enquiry
the
Justice
of
Peace
may
break
into
the
house
by
force
,
and
put
the
ejected
into
possession
,
Dal.
59.
If
restitution
be
made
without
enquiry
,
it
is
punishable
in
the
star-chamber
,
Dal.
45.
Restitution
must
only
be
made
to
him
that
was
put
out
,
Dal.
159
,
213.
Lam.
153.
Restitution
is
to
be
made
only
of
house
and
and
,
Dal.
214.
but
not
of
rent
,
common
or
●dvowson
,
Dal.
59.
Restitution
may
be
made
notwithstanding
●
traverse
,
Dal.
60.
but
upon
tender
of
traverse
,
the
safest
way
for
the
Justice
is
to
certifie
●he
presentment
into
the
Kings
Bench
,
ibid.
If
the
Justice
upon
complaint
or
notice
given
of
a
force
,
do
not
remove
the
force
,
record
it
,
and
commit
the
offenders
,
it
is
punishable
in
the
Star
chamber
,
Dal.
60.
The
offenders
being
gone
the
Justice
may
send
his
Warrant
,
and
commit
them
till
they
finde
surety
of
their
good
behaviour
Dal.
60.
If
force
be
made
by
three
,
it
is
a
riot
,
Dal.
61.
The
proceedings
upon
a
Writ
upon
the
Statute
of
Northampton
,
2
Ed.
3.
3.
1.
The
Justice
of
Peace
to
whom
this
Writ
is
delivered
,
is
but
a
minister
therein
,
and
coming
to
the
place
where
the
force
is
supposed
,
by
the
writ
he
may
cause
three
O-yes
,
and
then
make
proclamation
for
silence
,
prout
Dalton
61.
Cro.
72.
a.
b.
Lam
168.
2.
Then
may
he
read
,
or
cause
the
Writ
to
be
read
,
or
declare
the
effect
thereof
.
3.
Then
let
three
O-yes
be
made
,
and
make
proclamation
again
for
silence
,
prout
Dal.
61.
Cro.
72.
a.
Lam.
169.
4.
Either
enter
and
search
for
armour
,
or
enquire
by
Jury
,
Dal.
62.
Lam.
ibid.
All
that
remain
after
proclamation
,
are
to
be
imprisoned
,
and
the
armour
apprized
,
ibid.
If
upon
proclamation
they
depart
,
they
are
not
to
be
impr●soned
.
The
execution
of
the
Statute
of
Northampton
without
Writ
.
Every
Justice
of
Peace
may
execute
it
●●
officio
without
Writ
,
Dal.
62.
Cro.
72.
a.
The
difference
in
the
manner
of
execution
is
,
that
without
Writ
there
needeth
no
proclamation
nor
certificate
into
the
Chancery
,
but
the
Justice
may
enter
,
search
,
commit
th●
offenders
there
found
,
apprize
the
armour
record
all
what
he
shall
do
,
and
thereout
sen●
an
estreat
into
the
Exchequer
,
Dal.
62.
Cro
▪
ibid.
Lam.
171.
The
Justice
cannot
make
restitution
to
th●
party
outed
,
but
only
remove
the
force
,
ibid
Lam.
172.
Of
causes
to
stay
granting
of
restitution
,
vide
Dal.
218.
Forfeitures
of
a
Recognizance
taken
for
the
Peace
.
Whatsoever
is
a
breach
of
the
Peace
,
th●
same
is
a
forfeiture
of
the
recognizance
,
Dal
181.
as
,
-
1.
To
threaten
a
man
to
his
face
to
beat
o●
kill
him
,
Cro.
136.
b.
Lam.
115.
but
not
if
he
b●
absent
,
Dal.
152.
-
2.
To
strike
at
,
or
offer
to
strike
at
a
man●
though
he
hit
him
not
.
-
3.
All
Affraies
,
malicious
and
violent
striking
,
or
other
mis-intreatings
of
the
perso●
of
another
,
Dal.
181.
Lam.
127.
-
4.
To
go
with
company
or
weapons
unusual
,
Dal.
ib●d.
Cro.
137.
a.
Lam.
126.
-
5.
To
command
or
procure
another
to
break
the
peace
,
and
if
it
be
done
indeed
,
Lam.
115.
Dal.
182.
Cro.
137.
a.
-
6.
Imprisoning
or
arresting
another
without
warrant
,
Lam.
127.
Dal.
182.
To
thrust
one
into
the
water
,
whereby
he
is
in
danger
of
drowning
.
ibid.
To
ravish
a
woman
against
her
will
,
ibid.
To
commit
burglary
,
robbery
,
murder
,
manslaughter
,
or
do
any
treason
against
the
person
of
the
King
,
Lam.
127.
Dal.
182.
To
be
riotously
assembled
.
The
act
that
breedeth
the
forfeiture
of
a
recognizance
of
the
peace
,
must
be
done
unto
the
person
of
another
,
Dal.
182.
Vide
plus
Recognizance
,
vide
plus
Breach
of
the
Peace
,
and
Fines
.
One
committed
for
petty
larceny
and
convicted
thereof
,
shall
forfeit
his
goods
,
Lam.
273.
Dal.
234.
Cro.
36.
b.
nu.
20.
Forfeitures
upon
statutes
,
vide
Several
statutes
.
Forgery
.
Second
forgery
of
deeds
concerning
anothers
land
after
a
former
conviction
is
felony
,
5
Eliz.
14.
but
not
enquirable
by
the
Justices
of
Peace
,
Dal.
288.
Cro.
56.
b.
Lam.
549.
Forein
plea.
One
indited
of
petty
treason
,
murder
,
or
other
felony
,
pleadeth
a
forein
Plea
triable
by
Jury
;
it
shall
be
tried
before
the
Justices
before
whom
he
was
indicted
,
and
by
the
Jurours
of
the
same
County
,
22
H.
8.
c.
14.
3●
H.
8.
c.
3.
Lam.
552.
Forrester
.
Forrester
,
Warrener
,
or
Parker
,
after
Ho●
and
Cry
to
yield
,
killeth
any
man
in
his
office
making
resistance
,
it
is
justifiable
,
21
E.
1.
d●
male
factoribus
in
Parcis
,
Lam.
235.
Dal.
255.
Forestalling
and
Forestallers
.
Forestaller
is
he
that
buyeth
or
contracteth
for
any
victuals
or
wares
before
they
come
to
the
Market
,
Fair
,
or
Port
or
moveth
the
party
to
inhaunce
the
price
,
or
not
to
bring
them
to
the
Market
,
Fair
,
or
Port
,
Lam.
450.
Forestaller
convicted
before
the
Justices
of
Peace
at
the
Quarter
Sessions
by
examination
of
two
witnesses
,
or
presentment
for
forestalling
,
for
the
offence
shall
for
the
first
time
,
1.
Lose
the
goods
,
and
be
imprisoned
two
moneths
wiihout
bail
or
mainprise
.
2.
For
the
second
lose
double
the
goods
,
and
be
imprisoned
for
six
months
3.
For
the
third
lose
all
his
goods
,
stand
in
the
pillory
,
and
be
imprisoned
during
the
Kings
pleasure
,
5
E.
6.
c.
14.
Lam.
570.
The
moity
of
the
forfeiture
upon
the
Statute
of
forestallers
due
unto
the
party
,
is
to
be
levied
by
Fieri
facias
or
Capias
,
to
be
awarded
by
the
Justices
of
Peace
,
Lam.
584.
Fowlers
and
Fowling
.
Shooter
;
taker
,
or
destroyer
by
guns
,
bows
,
setting-dogs
,
nets
,
or
other
engines
of
any
Phesant
,
Partridge
,
Pigeon
,
Heron
,
Mallard
,
Duck
,
Teal
,
Wigeon
,
Growse
,
Heathcock
,
Moore
game
;
or
such
fowls
upon
conviction
by
confession
,
or
oath
of
two
witnesses
before
two
Justices
of
Peace
,
where
the
offence
or
apprehension
is
,
to
be
imprisoned
three
moneths
without
bail
,
unless
he
pay
to
the
Church-wardens
of
one
of
the
places
,
to
the
use
of
the
poor
20
shill.
for
every
Phesant
,
&
also
for
every
egge
of
Phesant
,
Partridge
,
or
Swan
taken
or
destroyed
,
or
after
one
month
of
his
commitment
become
bound
with
two
sureties
in
recognizance
of
twenty
pound
never
to
do
the
like
,
the
same
recognizance
to
be
returned
to
the
Quarter
Sessions
,
1
Jac.
c.
27.
Lam.
334.
Dal.
89.
7
Jac.
c.
11.
Vide
Partridges
and
Phesants
.
Hares
.
IF
any
have
traced
,
killed
,
or
destroyed
any
Hare
in
the
snow
,
he
loseth
6
shill.
8
pence
for
each
Hare
,
14
H.
8.
c.
10.
Lam.
447.
Buying
&
selling
of
Hares
,
vide
Partridges
.
See
that
S●at
.
1
Jac.
c.
27.
in
Fowlers
.
Harness
and
Habiliments
of
war.
To
imbezil
habiliments
of
war
,
or
victuals
provided
for
souldiers
,
mariners
,
or
gunners
,
is
felony
,
3
El.
c.
4.
Hart
proclaimed
,
vide
Deer
,
.
Harvest
.
Artificers
and
other
persons
meet
to
labour
,
are
compelled
by
one
Just.
of
P.
or
Constable
,
and
the
refuser
to
labour
in
hay-time
or
harvest
,
is
to
be
put
in
the
Stocks
two
daies
and
one
night
,
Lam.
475.
the
Constable
or
other
head-officer
to
do
it
upon
pain
of
forty
shill.
5
Eliz.
cap.
4.
Hawks
and
Hawking
.
Unlawful
taker
of
Hawks
eggs
is
to
have
three
months
imprisonment
,
there
to
remain
till
he
find
sureties
for
the
good
behaviour
for
seven
years
,
5
El.
c.
21.
Lamb.
446.
vide
3
Jac.
●
cap.
13.
Taking
of
Hawks
eggs
upon
ones
own
grounds
or
anothers
,
or
any
Eires
,
or
driving
them
out
of
their
covert
,
or
bearing
any
Hawk
of
the
breed
of
Eng.
called
a
Nyesle
,
Goshawk
,
Tassel
,
Lanner
,
Lanneret
,
to
be
imprisoned
a
year
and
a
day
,
and
to
lose
10
pounds
&
the
Hawk
,
11
H.
7.
c.
17.
Lam.
446.
Every
Justice
of
Peace
may
examine
the
offences
for
hawking
or
hunting
with
Spaniels
in
eared
or
codden
corn
,
and
bind
over
the
offender
with
sureties
to
the
next
Sessions
,
23
El.
c.
10.
Dal.
66.
Lam.
447.
Against
hawking
at
phesant
or
partridge
,
between
the
first
of
July
and
last
of
August
,
vide
7
Jac.
c.
11.
and
Partridges
.
Vide
plus
Larceny
and
Felonys
Hay
and
Oats
.
Inholder
taking
any
thing
for
litter
,
baking
horse-bread
,
except
in
Town
or
Village
,
being
a
thorow-fare
,
&
being
no
City
,
Town
corporate
,
or
Market-town
,
the
same
to
be
of
assize
and
weight
,
after
the
price
of
corn
and
grain
in
the
Market
,
or
sell
horse
bread
,
hay
,
oats
,
beans
,
pease
,
provender
,
and
all
kind
of
victuals
,
both
for
man
and
beast
,
for
reasonable
gain
;
for
the
offence
,
-
1.
Fined
.
-
2.
Imprisoned
for
a
month
without
bail
.
-
3.
Stand
on
the
Pillory
without
redemption
of
mony
.
-
4.
Fore-judged
for
keeping
Inne
again
,
21
Jac.
c.
11.
Hedge-breakers
.
Breakers
and
cutters
of
hedges
,
pales
,
rails
,
or
fences
,
cutters
and
carrier
,
away
of
corn
growing
,
robbers
of
orchards
or
gardens
,
pullers
up
of
fruit-trees
,
with
intent
to
carry
away
;
cutters
or
spoilers
of
woods
,
poles
,
or
standing
trees
,
convicted
before
a
Justice
of
that
County
where
the
offence
shall
be
done
,
by
confession
,
or
one
witness
upon
oath
,
are
to
render
such
damage
as
the
Justice
shall
limit
;
and
if
not
able
,
to
be
whipped
by
the
Constable
,
who
for
default
in
his
office
,
is
to
be
committed
without
bail
,
till
he
cause
it
to
be
done
,
43
El.
c.
7.
Lam.
302.
Dal.
143.
No
Justice
to
proceed
against
such
trespasses
for
offences
done
to
himselfe
,
without
assistance
of
another
Justice
,
ibid.
The
second
offence
is
whipping
,
43
El.
c.
7.
High-waies
.
One
Justice
may
cause
high-waies
to
Markets
to
be
enlarged
,
&
cleansed
of
bushes
and
trees
,
13
E.
I.
c.
5.
Dal.
67.
Every
Justice
may
present
upon
his
own
knowledge
in
open
general
Sessions
,
any
high-waies
insufficiently
repaired
,
or
any
default
against
the
statute
2
&
3
Ph.
&
Mar.
c.
8.
&
5
El.
c.
13.
and
such
presentment
is
as
good
as
the
presentment
of
twelve
men
;
and
thereupon
the
Sessions
may
assess
the
same
,
though
the
presented
be
absent
,
saving
to
the
offender
his
traverse
,
Dal.
67
Cro.
125.
b.
195.
a.
nu.
5.
The
defaults
contrary
to
these
Statutes
.
1.
If
the
Constables
and
Church-wardens
do
not
on
Tuesday
or
Wednesday
in
Easter
week
call
together
a
number
of
Parishioners
,
and
chuse
surveyours
for
high-waies
.
2.
If
six
daies
be
not
by
them
then
appointed
for
mending
high-wales
before
Midsummer
.
3.
If
notice
be
not
given
by
them
openly
in
the
Church
the
Sunday
after
Easter
of
the
said
six
daies
.
4.
If
he
that
hath
a
plow
land
in
tillage
,
or
pasture
,
or
draught
,
do
not
for
every
draught
or
plow-land
send
one
cart
with
two
able
men
to
work
eight
hours
of
every
of
the
said
six
daies
,
20
shill.
And
every
other
Parishioner
having
5
li.
in
goods
40
s.
in
lands
in
the
subsidy
,
must
find
every
day
two
able
men
,
or
lose
10
shill.
and
every
cottage
one
,
or
lose
12
pence
a
day
.
But
18.
El.
9.
he
that
occupeith
a
Plow-land
in
several
Parishes
,
only
where
he
dwelleth
;
and
he
which
hath
plow-land
in
several
Parishes
,
shall
be
charged
in
each
town
,
Dal.
68.
Cro.
82.
b.
5.
If
the
carriages
be
not
thought
needful
by
the
surveyors
,
then
two
able
men
for
every
●art
spared
,
upon
pain
to
forfeit
for
every
one
not
sent
12
pence
,
2
&
3
P.
&
M.
cap.
8
Cro.
82.
b.
6.
If
fences
,
hedges
and
ditches
next
adjoining
to
the
high-waies
be
not
kept
low
,
scowred
,
and
repaired
.
7.
If
all
trees
and
bushes
growing
in
the
high
waies
be
not
cut
down
by
the
owner
of
the
land
,
upon
pain
of
10
shill.
for
every
default
,
5
El.
c.
13.
18
El.
c.
9.
8.
If
any
chosen
to
be
surveyors
refuse
the
office
,
or
do
not
execute
it
,
penalty
20
shil.
2
&
3
P.
&
M.
c.
8.
6.
If
the
surveyor
do
not
within
one
month
next
after
the
offence
committed
,
present
it
to
the
next
Justice
,
he
forfeiteth
40
shil.
5
El.
c.
13.
29
El.
c.
5
10.
If
the
Bailiff
or
Constable
who
receiveth
the
estreats
,
do
not
levy
the
same
,
or
make
not
a
true
account
and
paiment
of
all
sums
levied
to
the
Constable
and
Church-wardens
,
or
the
Constables
and
Church-wardens
have
not
imploied
them
upon
the
high-waies
.
If
the
surveyors
do
certifie
the
next
Just
.
within
a
month
,
the
Justice
ought
to
certifie
the
presentment
at
the
next
Sessions
,
penalty
five
pounds
.
If
the
surveyors
present
not
till
after
the
month
,
and
the
Justices
do
certifie
it
at
the
next
Sessions
,
it
is
not
good
against
the
offenders
,
Dal.
70.
Two
Justices
,
one
being
of
the
Quorum
,
may
call
those
to
whom
the
estreats
are
delivered
,
to
their
account
,
betwixt
the
first
of
March
and
last
of
April
,
and
compel
them
to
pay
all
such
arrerages
as
they
shall
adjudge
to
the
Constables
and
Church-wardens
,
or
imprison
them
till
payment
of
such
arrerages
be
made
,
and
call
the
Surveyors
,
and
Constables
,
and
Church-wardens
to
an
account
.
All
fines
at
the
Sessions
for
high-waies
,
shall
be
levied
by
estreats
indented
,
sealed
,
and
signed
by
the
Clark
of
the
Peace
,
and
delivered
by
him
within
six
weeks
after
Michaelmas
,
Dalion
71.
as
by
statute
is
appointed
,
vide
Statute
.
The
Bishop
,
Chancellor
and
three
Justices
of
Peace
,
may
examine
the
bestowing
of
any
mony
appointed
by
any
stat.
for
the
amending
high-waies
or
Bridges
,
and
call
to
account
the
detainer
thereof
,
14
El.
c.
5.
39
El.
c.
18.
Lam.
366.
Upon
endictment
for
repair
of
bridges
in
high-waies
,
there
shall
be
like
process
as
the
Kings
Bench
useth
,
or
such
as
the
Justices
of
Peace
think
meet
,
22
H.
8.
c.
5.
Lam.
523.
High-waies
leading
from
one
Market
Town
to
another
,
shall
neither
have
dike
,
underwood
,
or
bush
,
whereby
a
man
may
lurk
to
do
hurt
,
within
two
hundred
foot
of
one
side
or
other
:
if
default
be
in
the
Lord
,
and
any
robbery
be
done
therein
,
he
must
be
answerable
for
it
;
and
the
Lord
of
a
Park
must
set
it
two
hundred
foot
on
each
side
from
the
way
,
or
a
sufficient
wall
,
dike
,
hedge
,
or
pale
,
that
the
offenders
cannot
pass
,
Dal.
133.
Homicide
.
Homicide
is
the
killing
of
a
man
by
a
man
,
Dal.
234.
It
is
no
difference
whether
the
slain
be
ali●n
,
denison
,
or
English
man
,
if
he
lives
under
●he
Kings
protection
Lam.
237.
Crom.
21.
a.
nu.
●
.
Dal.
239.
To
kill
one
attainted
of
treason
,
or
of
felony
,
●r
outlawed
for
felony
,
or
attainted
in
Pre●unire
,
is
felony
,
Dal.
239.
Cro.
24.
a.
nu.
39.
●tamford
13.
quaere
.
Homicide
is
either
killing
himselfe
,
felo
de
●e
,
or
another
.
Felo
de
se
forfeiteth
to
the
King
his
goods
●nd
chattels
real
and
personal
,
and
his
debts
●ue
by
speciality
,
Dalt
.
240.
but
no
lands
,
nor
●loud
corrupted
,
ibid.
His
goods
are
not
forfeited
till
his
death
,
●bid
.
Infant
,
or
non
compos-mentis
do
not
forfeit
;
●ut
a
lunatick
killing
himselfe
out
of
his
●unacy
,
doth
forfeit
his
goods
,
Dal.
240.
Homicide
of
another
is
-
Voluntary
,
-
Involuntary
.
Voluntary
is
-
Murder
,
vide
Murder
,
-
Manslaughter
.
Manslaughter
is
when
two
fight
together
●pon
the
sudden
,
without
malice
precedent
,
●nd
one
of
them
doth
kill
the
other
,
Cro.
26
●
.
Lam.
248.
Dal.
247.
Manslaughter
is
-
By
chance
medly
.
-
Se
defendendo
-
person
.
-
house
and
goods
,
Manslaughter
by
chance-medly
is
felony
,
but
may
have
his
clergy
,
Dal.
247.
One
fighting
breaks
his
weapon
,
a
stander
by
lends
him
another
,
whereby
the
other
is
killed
;
it
is
manslaughter
in
the
lender
,
Dal.
ibid.
Cro.
26.
b.
nu.
12.
Lam.
252.
Two
fighting
on
the
sudden
,
part
,
and
meet
again
,
one
killeth
the
other
;
it
is
a
continued
fray
,
Dal.
ibid.
Lam.
250.
Crom.
23.
b.
nu.
31.
&
24.
a.
nu.
36.
&
26
a.
nu.
9.
The
servant
fighting
in
his
masters
defence
,
though
there
were
malice
in
the
master
not
told
to
the
servant
,
Lam.
248.
so
a
stranger
suddenly
taking
part
,
Lam.
248.
it
is
chance-medly
.
Two
that
were
in
malice
are
reconciled
,
fall
out
upon
a
new
occasion
,
and
one
is
killed
;
it
is
manslaughter
only
,
Lam.
250.
Dal.
248.
Se
defendendo
,
when
one
killeth
another
in
the
necessary
defence
of
himselfe
or
his
,
thereby
to
save
himselfe
or
his
possessions
or
goods
,
or
some
other
persons
which
he
is
bound
to
defend
from
peril
,
and
it
is
either
against
a
felon
,
as
murderer
or
thief
,
or
a
loial
subject
,
Lam.
252.
Dal.
253.
Against
a
loial
subject
,
if
he
be
assailed
by
another
man
,
he
must
flie
so
much
as
he
may
till
he
be
letted
by
some
wall
,
ditch
,
hedge
,
prease
of
people
,
or
other
impediment
,
that
his
necessity
of
defence
may
seem
inevitable
,
and
he
shall
be
committed
till
the
time
of
his
triall
,
lose
his
goods
,
and
seek
his
pardon
,
Lam.
253.
Dal.
254.
It
is
not
material
though
he
strike
again
,
if
before
he
give
any
deadly
wound
he
flie
to
the
streight
.
A
man
flieth
to
a
wall
,
and
holding
out
his
weapon
,
the
other
runneth
upon
it
and
is
slain
,
it
is
se
defendendo
,
and
forfeiteth
his
goods
Dal.
274.
Cro.
28.
a
nu.
7.
But
if
he
had
fallen
on
the
ground
&
drawn
his
knife
,
and
the
other
fall
on
it
,
and
killeth
himselfe
,
he
forfeiteth
no
goods
,
for
he
could
not
flie
and
the
slain
is
in
a
sort
felo
de
se
,
ibid.
P.
R.
122.
b.
●tam
.
1●
.
a.
Neither
is
it
material
though
there
were
former
malice
,
unless
he
lie
in
wait
for
the
o●her
,
or
agree
for
the
place
of
fight
,
or
strike
●he
first
stroke
,
Lamb.
253.
Dal.
254.
Or
assaulted
in
his
own
house
upon
a
sud●en
quarrel
,
and
thereby
killeth
him
,
La.
254.
●ut
he
forfeiteth
his
goods
and
must
have
his
●ardon
of
course
,
except
the
assailant
came
with
a
felonious
intent
to
kill
or
rob
him
,
Dal.
254.
Cro.
28.
a
nu.
6.
Lam.
254.
A
man
falleth
to
the
ground
,
there
his
fly●ng
to
a
streight
is
not
necessary
,
Dal.
255.
An
officer
or
minister
of
justice
,
in
execu●ing
his
office
being
assaulted
,
is
not
bound
to
●●ie
,
Dal.
255.
Coke
9
,
98.
A
servant
killing
him
who
robbed
or
killed
his
master
,
so
it
be
done
presently
,
or
in
defence
of
his
masters
person
or
goods
,
if
it
cannot
otherwise
be
avoided
,
Dal.
ibid.
Cro.
28.
nu.
4.
Forester
,
Parker
,
or
Warrener
,
or
any
in
their
company
,
killing
an
offender
in
a
Forest
,
Park
,
or
Warren
,
after
hue
and
cry
to
keep
the
P.
,
if
they
yield
not
themselves
,
but
flie
,
or
defend
themselves
by
violence
,
is
no
felony
,
Dal.
255.
Quaere
if
there
be
no
malice
in
the
keeper
,
Cro.
30.
b.
In
defence
of
my
house
&
goods
,
it
is
justifiable
by
me
,
my
servants
or
company
,
to
kill
one
who
attempteth
feloniously
to
murder
or
rob
me
in
my
dwelling-house
,
or
in
or
near
a
high-way
,
horse-way
,
or
foot-way
,
or
burglarily
to
break
my
house
in
the
night
,
Dal.
254.
Crom.
27.
b.
nu.
1.
Vide
Lam.
240.
of
one
entring
by
force
in
the
day
,
and
killing
in
the
dark
.
To
shoot
at
him
that
cometh
to
burn
my
house
,
is
justifiable
in
me
or
my
servants
,
Dal.
ibid.
Cro.
ibid.
In
defence
of
the
possession
of
my
goods
,
I
may
justifie
to
beat
him
that
wrongfully
taketh
them
,
but
not
kill
him
,
except
he
be
a
thief
,
Dal.
255.
Vide
Assault
.
To
kill
a
true
man
,
in
defence
of
house
,
land
,
or
goods
,
is
manslaughter
,
Dal.
ibid.
Cro.
27.
b.
nu.
4.
Involuntary
homicide
is
by
Mis-adventure
,
necessity
.
By
misadventure
is
,
when
a
man
doing
a
lawful
act
,
without
any
evil
intent
,
killeth
a
man
:
this
is
not
felony
of
death
,
but
he
shall
have
his
pardon
of
course
for
life
and
lands
,
but
forfeiteth
his
goods
,
Dalt
.
249.
Lamb.
254.
A
schoolmaster
,
father
,
mother
,
or
master
,
correcting
moderately
his
scholar
,
child
,
or
servant
;
Shooting
at
pricks
,
buts
,
or
lawful
mark
;
A
workman
casting
tyle
,
timber
,
or
stone
from
a
house
,
or
any
thing
from
a
cart
and
giving
warning
,
or
doing
other
lawful
thing
,
and
giving
warning
.
Running
at
Tilt
,
or
fighting
at
Barriers
by
the
Kings
command
.
The
killing
of
a
man
in
doing
of
an
unlawful
act
,
without
evil
intent
,
is
felony
,
as
shooting
arrows
,
casting
stones
into
high-waies
or
other
place
whither
men
usually
resort
,
Dal.
250.
Fighting
at
Barriers
,
or
running
at
Tilt
without
the
Kings
command
.
Quaere
if
playing
at
hand-sword
,
bucklers
,
foot-ball
,
wrestling
and
such
like
,
whereby
a
man
is
slain
or
receiveth
hurt
,
&
dieth
within
the
year
and
day
,
be
felony
of
death
,
or
may
have
their
pardon
of
course
quaere
similiter
of
●asting
a
stone
at
bird
or
beast
.
A
man
may
be
slain
by
the
fall
of
a
house
or
tree
,
&c.
and
killed
by
a
bull
,
bear
,
horse
,
dogge
,
&c.
or
by
some
fall
which
he
taketh
,
Dal.
251.
if
it
be
through
the
wilful
default
of
●nother
,
it
is
felony
.
The
thing
which
causeth
the
death
is
a
Deo●and
,
and
so
forfeiteth
to
the
King
,
Crom.
31.
●
.
Dal.
251.
The
forfeiture
hath
relation
from
the
●roke
given
.
Deodands
are
not
forfeited
till
the
matter
●
found
on
record
,
Dal.
251.
The
Jury
which
findeth
the
death
of
a
man
,
●ust
find
and
apprize
the
Deodand
.
It
beho●eth
the
Town
to
see
it
forth
coming
,
for
the
●heriff
shall
be
charged
with
the
price
;
and
●all
levy
the
same
on
the
Town
,
Dal.
ibid.
●tam.
21.
If
the
slain
be
under
14
years
of
age
,
no●ing
is
forfeited
as
a
Deodand
,
Dal
ibid.
Stam.
●1
.
&c.
Homicide
by
necessity
is
Commanded
,
Tolerated
.
Commanded
.
An
officer
doth
execution
after
judgement
,
according
to
his
warrant
;
it
is
not
properly
homicide
but
justice
,
Lam.
234.
Dal.
252.
If
the
officer
doth
not
observe
order
of
law
,
it
is
felony
in
the
officer
,
Dal.
ibid.
Lam.
240.
Stam.
13.
If
a
stranger
,
not
lawfully
deputed
,
put
to
death
one
condemned
to
die
,
it
is
felony
,
Dal.
ibid.
Lam.
ibid.
It
is
not
lawful
for
the
Judge
,
who
codemned
him
to
be
put
to
death
,
ibid.
Tolerated
.
One
warranted
to
arrest
one
indicted
●●
felony
,
upon
resistance
killeth
him
,
Dal.
ibid.
Lam.
234.
Every
private
person
upon
hue
and
cry
t●
take
a
felon
,
if
he
resist
and
will
not
yield
may
kill
him
,
ibid.
Conducters
of
a
felon
to
the
Gaol
,
upo●
resistance
or
flight
may
kill
him
,
Dal.
253
▪
Lam.
234.
A
prisoner
in
the
Gaol
attempteth
to
e●cape
,
and
striketh
the
Gaoler
,
he
killeth
th●
prisoner
,
it
is
not
felony
,
ibid.
Rioters
,
forcible
enterers
or
detainers
,
th●
shall
resist
the
Justice
of
Peace
,
or
other
th●
Kings
officers
,
&
will
not
yield
themselves
being
slain
,
it
is
no
felony
,
Cro.
23.
b.
nu.
2●
30.
b.
158.
b.
Lam.
235.
Dal.
253.
If
an
officer
,
by
virtue
of
the
Kings
proce●●
arresting
one
for
debt
,
or
trespass
,
is
resist●●
and
killeth
the
resister
,
it
hath
been
taken
●
be
no
felony
,
Dal.
253.
Cro.
24.
a.
30.
b.
Quae●
Cok.
lib.
4.
fol.
40.
41.
To
kill
a
true
man
in
defence
of
house
,
lands
,
or
goods
,
is
homicide
by
necessity
,
Dal.
254.
In
all
these
former
cases
there
must
be
inevitable
necessity
,
that
the
offender
could
not
be
taken
without
killing
,
Dal.
253.
Horses
and
Mares
.
Any
Justice
may
hear
and
take
the
claim
of
the
owner
of
any
horse
,
&c.
which
was
stollen
within
six
months
after
the
sail
thereof
,
the
proof
to
be
made
by
two
witnesses
upon
oath
within
forty
daies
next
ensuing
the
said
claim
,
Dal.
73.
Lam.
203.
31.
Eliz.
c.
12.
The
Justice
of
Peace
may
minister
an
oath
to
the
buyer
what
money
he
paid
,
bonâ
fide
,
so
as
the
right
owner
repaying
his
mony
may
have
his
horse
again
,
Dal.
ibid.
Owner
,
officer
,
or
ruler
of
any
fair
,
is
to
appoint
an
open
place
for
sale
of
horses
,
&c.
and
a
sufficient
person
to
take
toll
,
or
lose
forty
shillings
for
every
fault
,
and
answer
the
party
grieved
,
2
,
3
P.
&
M.
c.
4.
Lam.
471.
The
sale
of
every
horse
not
being
according
to
the
stat.
in
every
point
,
is
void
,
Dal.
73.
Lam.
472.
1.
The
horse
must
be
one
hour
at
the
least
in
the
place
of
the
open
fair
.
2.
All
the
parties
to
the
bargain
being
in
●he
fair
,
must
come
with
the
horse
to
the
book-keeper
.
3.
The
book-keeper
must
take
perfect
knowledge
of
the
seller
and
of
the
voucher
,
of
the
Christian
name
,
surname
,
mystery
and
place
of
dwelling
.
4.
The
voucher
must
know
the
seller
indeed
,
and
declare
to
the
book-keeper
the
Christian
name
,
surname
,
mystery
and
dwelling
,
as
well
of
himselfe
,
as
of
the
seller
.
5.
The
book-keeper
must
make
a
true
and
perfect
entry
of
the
sellers
name
and
place
of
dwelling
,
&c.
and
of
the
true
price
,
forfeiture
,
31
El.
c.
12.
Every
contract
for
a
stollen
horse
out
of
the
fair
is
void
,
though
it
be
after
booked
,
Dal.
74.
A
sale
in
open
market
shall
not
take
away
the
owners
property
,
the
buyer
knowing
that
it
was
anothers
,
Dal.
ibid.
All
horses
,
and
all
other
goods
,
are
to
be
sold
in
such
a
place
or
shop
as
is
commonly
used
for
the
selling
of
goods
of
the
same
kind
,
to
alter
the
property
,
Dal.
ibid.
A
thief
selleth
a
stollen
horse
by
a
false
name
,
and
is
so
entred
in
the
toll-book
;
such
mis-naming
maketh
the
sale
void
against
the
owner
,
Dal.
74.
Horse-bread
.
Inholder
in
a
corporate
or
market
Town
where
there
is
a
common
baker
that
hath
been
an
apprentice
therein
seven
years
,
may
not
make
horse-bread
within
his
house
,
32
H.
8.
41.
21.
Jac.
c.
21.
Inholder
or
ostler
in
a
thorow
fair
Town
being
no
City
,
town
corporate
,
or
market
town
,
being
a
baker
,
and
one
that
hath
been
an
apprentice
therein
seven
years
,
may
make
horse-bread
within
his
house
,
21
Jac
▪
cap.
21.
The
horse-bread
must
be
sufficient
,
lawful
▪
and
of
due
assize
,
according
to
the
price
o●
corn
,
21
Jac.
21.
Penalty
-
1.
Fine
.
-
2.
Imprisonment
for
a
month
without
bail
.
-
3.
Stand
in
the
Pillory
without
redemption
of
money
.
-
4.
Forejudged
for
keeping
Inne
again
,
21
Jac.
c.
21.
Vide
Inne-holder
.
Hospital
.
The
Bishop
and
his
Chancellour
,
with
two
Justices
of
Peace
next
inhabiting
,
may
charge
●he
collectors
of
a
revenue
of
an
Hospital
,
upon
a
pain
,
presently
to
account
,
and
to
imploy
the
surplusage
to
the
use
of
the
Hospital
,
Lam.
356.
14.
Eliz.
c.
5.
39
El.
c.
18.
Hospitality
;
vide
Religious
house
.
.
House
.
1.
A
mans
house
is
his
castle
for
defence
,
Dal.
209.
2.
It
protecteth
against
any
arrest
at
the
suit
of
any
subject
,
ibid.
3.
In
some
cases
it
is
a
privilege
against
the
Kings
Prerogative
;
for
it
hath
been
adjudged
that
Salt-peter
men
may
not
digge
in
a
Mansion-house
without
the
owners
consent
,
ibid.
Coke
lib.
11.
fol.
82.
Thieves
or
murderers
attemping
to
rob
or
murder
a
man
in
his
house
,
he
may
assemble
company
and
kill
any
of
them
,
and
forfeiteth
nothing
,
ibid.
He
may
beat
him
that
will
enter
upon
h●s
possession
,
but
may
not
kill
him
.
Quaere
if
he
may
hire
strangers
to
aid
him
,
or
put
his
ordinary
company
in
armour
,
Dal.
209.
Vide
plus
Homicide
.
House
of
Correction
.
House
of
Correction
with
implements
and
backsides
fitting
for
setting
on
work
idle
persons
,
to
be
erected
and
provided
in
a
convenient
place
in
every
County
before
Michaelmas
1611.
the
same
to
be
conveyed
over
to
such
as
by
the
greatest
part
of
the
Justices
at
the
Quarter-Sessions
shall
be
chosen
to
be
imployed
for
setting
on
work
idle
and
disorderly
persons
,
on
pain
of
5
li.
for
every
Justice
of
Peace
,
the
one
moiety
to
the
informer
,
the
other
towards
the
erecting
of
the
house
,
●
Jac.
c.
4.
Master
of
the
said
house
to
be
appointed
by
most
of
the
Justices
at
the
Quarter
Sessions
,
next
after
providing
of
the
said
house
,
who
is
to
set
on
work
,
and
moderately
to
correct
by
whipping
or
fettering
,
such
persons
as
shall
be
sent
to
him
,
7
lac.
c.
4.
Master
of
the
house
of
correction
giving
sufficient
security
for
performance
and
continuance
of
his
service
,
is
to
have
yearly
such
money
as
by
most
of
the
Justices
at
the
Q.
Sessions
shall
be
thought
meet
,
to
be
paid
quarterly
by
the
Treasurer
,
or
else
the
master
to
levy
it
in
such
sort
as
the
Treasurer
may
,
7
Jac.
c.
4.
Constables
shall
appear
before
the
Justices
of
Peace
twice
in
the
year
,
and
give
account
upon
oath
of
writing
,
under
the
hand
of
the
minister
,
what
rogues
have
been
apprehended
,
and
how
many
punished
,
7
Iac
c.
4.
Constables
not
safely
conveying
to
the
house
of
Correction
such
as
by
the
Justices
of
Peace
at
their
meeting
for
the
execution
of
the
Statute
7
Iac.
c.
4.
shall
be
sent
thither
,
●o
pay
such
fine
under
forty
shillings
,
as
by
most
of
the
Justices
shall
be
assessed
,
7
Iac.
c.
4.
A
woman
having
a
bastard
which
may
be
chargeable
to
the
Parish
,
for
the
first
offence
to
be
sent
to
the
house
of
correction
one
year
,
for
the
second
offence
to
be
sent
to
the
house
of
correction
and
to
remain
there
(
as
aforesaid
)
till
she
finde
sureties
for
the
good
behaviour
,
and
not
to
offend
so
again
,
7
Iac.
c.
4.
Any
able
to
work
and
threatning
to
run
away
and
leave
their
families
upon
the
Parish
,
upon
oath
of
two
witnesses
before
two
Justices
of
the
said
division
,
to
put
in
sureties
for
discharge
of
the
Parish
,
or
to
be
sent
to
the
house
of
correction
,
7
Iac.
c.
4.
Master
of
the
house
of
correction
quarterly
at
the
Sessions
must
yield
account
of
such
as
have
been
committed
,
or
is
to
be
fined
by
most
of
the
Justices
,
7
Iac.
c.
4.
If
any
committed
become
troublesome
to
the
countrey
by
going
abroad
,
or
escape
without
lawful
delivery
,
the
Master
is
to
be
fined
by
most
of
the
Justices
at
the
Q.
Sessions
,
7
Iac.
c.
4.
All
penalties
not
limited
by
the
statute
4
Iac.
4.
shall
be
paid
to
the
Treasurer
,
and
accounted
by
him
,
7
Iac.
c.
4.
Vide
plus
Poor
people
.
Hunting
.
One
Justice
of
Peace
,
upon
information
of
any
unlawful
hunting
of
Deer
or
Conies
by
night
,
or
with
painted
faces
,
or
other
disguising
in
forrest
,
park
,
or
warren
may
make
warrant
to
the
Sheriff
,
Constable
,
Bailiff
,
or
other
officer
,
to
take
the
party
suspected
and
to
bring
him
before
him
,
or
some
other
Justice
,
to
examine
him
thereof
;
and
if
he
conceal
the
hunting
,
or
any
offender
with
him
therein
;
the
concealment
is
felony
in
the
concealer
,
but
the
truth
confessed
is
but
fineable
at
the
next
Quarter
Sessions
,
1
H.
7
c.
7.
Lam.
191.
Dal.
180.
To
disobey
such
a
warrant
,
or
make
rescous
thereupon
,
so
that
execution
of
that
warrant
be
not
had
,
is
felony
,
1
H.
7.
c.
7.
Dal.
75.
The
Justice
of
Peace
that
taketh
examination
of
the
offender
for
unlawful
hunting
in
parks
,
&c.
may
after
the
examination
bind
the
offender
to
his
good
behaviour
,
to
the
end
he
be
forth-coming
till
the
offence
and
the
offender
be
lawfully
examin'd
,
Da.
75.
76.
Unlawfully
hunting
by
three
or
more
will
prove
a
riot
,
Dal.
76.
Any
by
night
or
day
wrongfully
entring
into
any
inclosed
ground
,
kept
for
keeping
of
Deer
or
Conies
,
and
there
chasing
or
killing
of
them
,
upon
conviction
to
be
imprisoned
three
months
without
bail
,
and
there
to
continue
till
he
pay
treble
damages
and
costs
to
be
assessed
by
the
Justices
before
whom
he
is
convicted
,
or
pay
to
the
party
grieved
ten
pound
for
Deer
at
the
election
of
the
party
grieved
,
7
Iac.
c.
13.
and
find
sureties
for
his
good
behaviour
for
seven
years
,
3
Iac.
c.
13.
7
Iac.
c.
13.
Lam.
449.
The
party
grieved
or
the
Justices
of
Peace
,
upon
satisfaction
of
the
party
grieved
,
and
confession
of
his
offence
and
that
he
is
sorry
for
the
same
,
in
open
Sessions
,
may
release
the
offender
of
his
bond
for
the
good
behaviour
,
3
Iac.
c.
13.
The
statute
,
3
Iac.
c.
13.
doth
not
punish
offenders
in
parks
or
inclosed
grounds
made
after
the
statute
,
without
the
Kings
licence
,
3
Iac.
c.
13.
Enquiring
,
hearing
and
determining
of
offences
against
the
Statute
,
3
Iac.
c.
13.
may
be
made
by
the
Justice
of
Peace
and
Goal-delivery
at
the
Sessions
,
and
they
may
award
process
,
upon
indictments
,
informations
,
bills
of
complaint
,
or
other
actions
wherein
no
essoin
,
&c.
3
Iac.
c.
13.
Any
not
having
lands
of
inheritance
in
his
own
or
wives
right
of
the
clear
yearly
value
of
10
li.
or
for
term
of
life
of
30
li.
per
annum
,
or
goods
to
his
own
use
worth
200
li.
keeping
Greyhound
to
course
Deer
or
Hare
,
except
the
son
of
a
Knight
or
Baron
of
Parliament
,
or
son
and
heir
of
an
esquire
,
upon
conviction
by
confession
or
oath
of
two
witnesses
before
two
Justices
of
Peace
,
where
the
offence
is
committed
,
the
party
apprehended
to
be
imprisoned
three
months
without
bail
,
except
he
presently
pay
to
the
Churchwardens
where
the
offence
was
committed
,
or
party
apprehended
,
40.
shill.
to
the
use
of
the
poor
of
the
said
Parish
,
1
Iac.
c.
27.
Any
having
lands
in
fee-simple
,
or
fee
tail
of
100
li.
per
annum
,
finding
any
not
having
lands
of
40
li.
per
annum
,
nor
worth
200
li.
in
goods
,
to
use
any
gun
,
bow
,
dogs
,
or
engines
for
killing
of
deer
or
hare
,
except
parker
or
warrener
,
or
owners
of
either
of
them
,
or
other
grounds
inclosed
for
deer
or
conies
,
that
shall
be
yearly
worth
40
shill.
may
take
any
their
guns
,
bows
,
engines
and
dogs
,
and
keep
them
to
his
own
use
,
3
Jac.
c.
13.
Lay
person
not
having
in
lands
40
s.
per
annum
,
spiritual
person
a
benifice
not
10
li.
per
annum
,
keeping
dogs
to
hunt
,
or
using
ferrets
,
&c.
shall
be
imprisoned
for
a
year
,
13
R.
2.
c.
13.
Vide
Parks
.
Hundred
.
Hundred
with
the
liberties
therein
to
be
equally
taxed
by
two
Justices
of
Peace
,
one
to
be
of
the
Quorum
,
in
or
neer
the
hundred
,
for
relief
of
those
that
are
robbed
,
27
Eliz.
c.
13.
Dal.
132
,
299.
The
robbed
shall
not
have
his
action
upon
the
statute
of
27
Eliz.
c.
13.
except
he
first
with
all
speed
convenient
give
notice
of
the
robbery
to
some
inhabitant
neer
the
place
where
he
was
robbed
.
2.
Commence
his
suit
with
in
a
year
next
after
such
robbery
committed
.
3.
He
being
examined
upon
his
oath
within
20
daies
next
before
such
actions
brought
by
one
Justice
where
the
robbery
was
committed
,
dwelling
neer
to
the
hundred
,
if
he
knew
the
robbers
,
or
any
of
them
.
If
he
knew
any
of
the
robbers
before
such
action
,
he
shall
be
bound
before
the
said
Justice
to
prosecute
the
offenders
effectually
by
indictment
,
or
otherwise
by
course
of
law
,
Dal.
131.
The
hundred
must
answer
the
loss
,
if
the
robbers
be
not
taken
within
40
daies
,
Dal.
131
,
299.
Cro.
179.
a.
Vide
Robbery
.
A
man
is
slain
in
the
day
time
out
of
a
town
,
and
the
murderer
doth
escape
,
the
hundred
shall
be
charged
there
with
,
299
:
Jury
of
one
hundred
may
present
an
offence
done
in
another
hundred
,
Lam.
399.
Robbery
in
a
house
doth
not
charge
the
hundred
,
though
it
be
in
the
day-time
,
Dal.
133.
Robbery
in
the
night
doth
not
charge
the
hundred
,
yet
if
it
be
by
day-light
,
though
before
sun-rising
or
after
sun-setting
,
the
hundred
shall
answer
it
,
Dal.
133
Coke
l.
7.
fol.
6.
If
upon
pursuit
,
the
offenders
or
any
of
them
be
taken
,
the
hundred
shall
not
be
charged
,
Dal.
133.
If
the
party
robbed
take
any
of
the
thieves
after
Hue
and
Cry
made
,
it
excuseth
the
hundred
,
Dal.
ibid.
Cro.
179.
b.
He
which
is
robbed
shall
not
have
his
action
where
one
of
the
felons
is
taken
,
but
if
there
be
no
Hue
and
Cry
the
village
shall
be
amerced
,
though
one
of
the
felons
be
taken
,
Cro.
179.
b.
Vide
plus
Hue
and
Cry
.
Hue
and
Cry
.
For
the
apprehending
of
homicides
,
burglars
,
robbers
,
and
other
felons
,
hue
and
cry
shall
be
made
,
and
every
man
shall
follow
the
hue
and
cry
;
and
he
that
doth
not
,
shall
be
attached
to
appear
before
the
Justices
of
Goal-delivery
.
It
seemeth
any
Justice
of
Peace
may
bind
him
over
by
the
commission
,
Dal.
299.
Cro.
179.
b.
Hue
and
Cry
ought
to
be
made
from
town
to
town
,
from
country
to
country
,
by
horsemen
and
foot-men
,
13
Ed.
1.
c.
12.
27
El.
c.
13.
Dal.
75.
Cr●
.
178.
b.
179.
a.
b.
otherwise
it
is
no
lawful
pursuit
to
arraign
a
felon
.
Upon
committing
of
any
robbery
or
felony
,
the
officer
of
the
town
where
it
was
done
ought
to
send
hue
and
cry
to
every
town
round
about
him
,
Dal.
75.
Cro.
178.
b.
nu.
2.
Every
Justice
of
Peace
may
cause
hue
and
cry
,
fresh
suit
and
search
to
be
made
upon
any
murder
,
robbery
,
theft
,
or
other
felony
committed
by
force
of
the
first
assignavimus
,
Dal.
49
,
75.
Lam.
185.
By
a
false
hue
and
cry
to
enter
into
any
house
with
the
Constable
,
to
binde
and
rob
the
Constable
and
master
of
the
house
in
the
night
,
is
burglary
,
Dal.
257.
Cro.
32.
b.
nu.
24.
Lam.
263.
Vide
plus
Robbery
.
The
inhabitants
of
any
hundred
(
either
within
the
county
wherein
the
robbery
was
done
,
or
in
any
other
county
wherein
default
shall
be
of
fresh
suit
after
hue
and
cry
made
shall
satisfie
the
moiety
of
such
mony
as
shall
be
recovered
against
the
hundred
where
the
robbery
was
done
,
Dal.
132.
In
levying
hue
and
cry
it
is
necessary
to
give
notice
of
the
thing
stollen
,
as
horse
&c.
of
the
colour
and
special
marks
;
so
of
the
thieves
person
apparel
,
&c.
to
search
suspected
places
and
to
take
suspitious
persons
,
and
bring
them
before
a
Justice
of
Peace
to
●e
●xamined
.
●ro
.
178.
b.
If
any
raise
hue
and
cry
without
cause
,
be
shall
be
attached
for
disturbing
the
Peace
,
Cro.
179.
a.
Jesuites
and
Seminary
Priests
.
ANy
Justice
of
Peace
within
the
County
in
which
any
Jesuite
,
Seminary
Priests
,
or
other
Priests
,
Deacons
,
religious
or
Ecclesiastical
person
shall
arrive
or
land
,
may
within
three
daies
after
take
the
submission
,
oath
and
acknowledgement
of
him
touching
his
obedience
to
the
King
and
laws
provided
in
cases
of
religion
,
27
E●
.
c.
●
.
Lam.
198.
Dal.
104.
Every
one
understanding
that
any
such
Priest
,
&c.
shall
be
within
any
of
the
Kings
dominions
;
ought
to
discover
the
same
to
some
Justice
or
other
superiour
officer
within
ten
daies
after
such
knowledge
,
under
the
pain
of
fine
&
imprisonment
;
and
the
Justice
within
28
daies
must
give
information
thereof
to
one
of
the
privy-Councel
,
on
pain
of
200
marks
,
27
El.
c.
2.
Lam.
198.
Dal.
104.
Two
Justices
of
Peace
of
the
County
where
any
of
the
Kings
Subjects
that
are
no
Jesuites
,
&c.
brought
up
in
any
Colledge
of
Jesuites
,
or
in
Seminaries
,
shall
arrive
within
six
moneths
after
proclamation
made
to
that
end
,
may
within
two
daies
after
their
return
take
their
submission
under
the
oath
of
supremacy
,
1
El.
c.
2.
27
El.
2.
To
receive
Jesuites
or
Seminary
Priests
,
contrary
to
the
statute
,
is
felony
,
Lam.
414.
27
El.
c.
2.
Any
within
three
daies
after
the
offence
committed
,
discovering
to
any
Just.
of
Peace
,
any
Recusant
,
Seminary
,
or
Popish
●riest
or
any
Mass
to
have
been
said
(
any
of
them
then
present
there
,
(
if
by
reason
of
his
discovery
,
any
offender
be
taken
and
convicted
,
he
shall
be
freed
from
the
danger
of
the
offence
,
&
have
the
third
part
of
the
forfeiture
by
such
offence
,
3
Jac.
c.
5.
Lam.
199.
Dal.
106.
Imprisonments
,
vide
Prison
.
.
Indictments
,
vide
Enditements
.
.
Information
.
Information
against
a
felon
,
whether
if
shall
be
taken
by
oath
or
no
,
is
uncertain
,
but
Lamb.
213
,
214
,
215.
&
Dal.
307.
&
Cro.
194.
a.
nu.
5.
do
best
allow
it
by
oath
,
&
so
do
divers
Judges
in
their
circuits
.
No
process
can
be
awarded
upon
information
of
a●private
person
,
unless
where
the
statute
particularly
warranteth
inquiry
by
information
,
as
the
stat.
of
5
El.
c.
4.
of
labourers
,
5
El.
c.
21.
of
taking
of
fish
,
deer
,
or
hawks
.
Information
of
such
as
bring
a
felon
,
must
be
taken
by
a
Justice
of
Peace
:
so
much
thereof
as
is
material
he
must
put
in
writing
within
two
daies
after
the
examination
,
Lame
212.
2
&
3
Ph.
&
Mu.
c.
10.
Dal.
303.
Two
inform
against
another
in
matter
of
felony
,
and
do
vary
in
their
tales
,
viz.
in
the
day
and
place
when
and
where
it
was
committed
;
such
information
is
not
to
be
credited
,
Dal.
303.
Cro.
100.
a.
The
bringer
of
the
suspected
will
not
inform
,
it
is
meet
to
bind
him
over
to
give
evidence
,
Dal.
206.
Form
of
a
recognizance
for
the
informer
against
a
felon
,
Lam.
214
,
216.
It
is
not
necessary
in
an
information
for
the
King
to
recite
the
statute
upon
which
the
Bill
is
framed
,
but
to
say
contra
formam
statuti
in
hujusmodi
casu
editi
&
provisi
,
Cro.
104.
b.
nu.
50
,
53.
Informers
and
Promoters
.
Informer
compounding
for
any
offence
againg
a
penal
law
,
without
consent
of
some
of
the
Courts
of
Westminster
,
or
willingly
delaying
or
discontinuing
a
sult
,
loseth
10
liand
is
to
stand
in
the
pillory
being
convict
thereof
at
the
Quarter
Sessions
,
18
El.
c.
5.
27
El.
c.
10.
Lam.
439
,
609.
the
same
to
be
heard
at
the
Quarter
Sessions
.
All
actions
for
any
offences
against
any
penal
statute
,
shall
be
commenced
in
the
County
only
where
the
offence
was
committed
,
and
upon
the
defendants
pleading
Nihil
debet
,
or
Not
guilty
,
the
plaintiff
must
prove
,
1.
the
offence
,
2.
to
be
done
in
the
county
,
21
Jac.
c.
4.
No
officer
shall
receive
,
file
,
or
enter
of
record
,
any
information
,
Bill
,
&c.
untill
the
informer
hath
taken
his
oath
before
some
Judge
of
that
court
,
that
the
offence
was
done
in
the
same
county
within
a
year
before
the
information
or
suit
,
21
Jac.
c.
4.
Ingrosser
.
Ingrosser
is
he
that
by
any
contract
(
unless
by
grant
of
land
or
tithe
)
buyeth
corn
on
the
ground
or
other
dead
victuals
,
to
the
intent
to
sell
them
again
,
except
buyers
of
barley
or
oats
,
to
make
malt
or
oat-meal
.
Victuallers
not
forestalling
,
Badgers
&
Drovers
not
abusing
their
lawful
licence
,
buyers
of
forein
commodities
,
except
fish
&
salt
,
are
excepted
;
5
Ed.
6.
c.
14.
5
El.
c.
12.
13
El.
c.
25.
Lam.
451.
In-holder
In-holder
taking
any
thing
for
litter
,
or
excessively
for
hay
,
or
above
a
half
penny
a
bushel
above
the
market
for
oats
,
loseth
four
times
the
value
of
the
overplus
,
13
R.
2.
c.
8.
4.
H.
4.
c.
25.
Lam.
473.
repealed
by
21.
Jac.
c.
21.
Vide
plus
Horse-bread
.
In-holder
or
Alehouse-keeper
may
be
compelled
by
a
Constable
to
lodge
strangers
,
Dal.
28.
In-holder
that
suffereth
a
non-inhabitant
to
tipple
in
his
house
,
shall
incur
the
penalty
limited
,
1
Jac.
c.
9.
1
Car.
c.
4.
In-keeper
,
Taverner
,
Victualler
,
is
within
the
statute
,
1
Jac.
9.
c.
4.
Jac.
c.
5.
1
Car.
c.
4.
Inmates
,
vide
Cottages
.
.
Inrolement
.
One
Justice
of
Peace
may
joyn
with
the
Clark
of
the
Peace
in
taking
an
inrolement
of
an
indenture
of
bargain
and
sale
of
lands
,
&c.
lying
in
the
same
county
,
and
either
of
them
is
to
have
12
d.
if
the
land
exceed
not
in
value
40
shill.
a
year
;
and
if
it
do
,
then
2
shill.
6
pence
a
piece
,
and
taking
above
,
fined
,
27
H.
8.
c.
16.
Lam.
196
,
369
,
393
,
436.
Issues
.
The
Sheriff
that
gathereth
other
estreats
of
issues
then
of
right
are
due
,
forfeiteth
5
marks
to
the
King
,
as
much
to
the
party
,
27
El.
c.
7.
Cro.
201.
a.
Lam.
432.
Forfeitures
of
issues
by
●urors
are
to
be
levied
by
records
of
execution
awarded
by
the
Justices
of
Peace
,
27
Eliz.
c.
7.
Lam.
585.
Judgement
.
Ambiguity
arising
in
judgement
betwixt
the
Justices
of
Peace
,
they
shall
forbear
to
proceed
till
the
Judges
come
;
but
if
they
will
proceed
,
the
judgement
is
not
void
,
but
must
be
reversed
,
Lam
568.
the
commission
it self
.
Where
the
statute
appointeth
a
punishment
,
there
judgement
must
be
according
to
the
statute
,
Lam.
570.
Upon
trespass
,
riots
,
and
such
other
offences
,
where
no
forfeiture
is
prescribed
,
judgement
is
to
be
taken
and
ransomed
,
Lam.
570.
Vide
plus
the
several
offences
.
Juglers
,
vide
Licence
.
.
Jurors
.
Jurors
both
for
enquiry
and
trial
,
ought
to
be
Probi
&
legales
homine●
,
Lam.
396.
What
persons
may
not
be
Jurors
,
and
being
Jurors
make
presentments
void
,
unless
there
be
twelve
besides
.
1.
Attainted
in
conspiracy
,
2.
Attaint
,
3.
Decies
tantum
,
4.
Subornation
of
perjury
,
5.
Concealment
they
be
not
probi
,
&
their
presentment
void
unless
there
be
twelve
besides
them
that
are
not
blemished
,
Lam.
396.
6.
Outlawed
,
7.
Abjured
,
8.
Condemned
in
a
Praemunire
,
9.
Attainted
of
treason
,
10.
Felony
,
&c.
ibid.
11.
Women
,
12.
Infants
under
14
years
of
age
,
13.
Aliens
,
14.
Clergy-men
,
ibid.
Jurors
must
be
inhabitants
or
free-holders
within
the
County
,
to
the
value
of
40
s.
per
annum
,
but
in
Cities
and
Boroughs
to
the
value
of
forty
shill
,
in
goods
,
Lam.
396
,
397.
Jurors
for
trial
of
an
indictment
within
the
County
Palatine
of
Lancaster
must
have
5
pound
per
annum
,
ib.
Juror
70
years
old
or
decrepit
returned
by
the
Sheriff
must
serve
if
the
Just
.
will
;
but
he
may
sue
the
Sheriff
upon
the
Statute
of
Westminister
2.
c.
38.
Lam.
397.
Juror
exempted
by
Charter
with
these
words
Licet
tangat
nos
,
is
to
be
discharged
upon
his
appearance
,
but
he
ought
to
shew
it
to
the
Sheriff
,
ibid.
When
there
is
want
of
sufficient
Jurors
,
no
exemption
can
discharge
,
ibid.
Presentment
is
good
though
some
of
the
Jurors
be
allied
to
him
that
procureth
the
presentment
:
but
it
is
no
discretion
in
the
Justices
to
suffer
any
such
to
be
impanelled
,
Lam.
398.
If
the
particular
Juries
for
the
hundred
cannot
be
supplied
by
those
of
the
hundred
,
it
is
better
to
take
Tales
de
circumstantibus
of
other
hundreds
,
then
to
be
renewed
with
a
Tales
from
Sessions
to
Sessions
,
Lam.
398.
Jury
of
one
hundred
may
present
an
offence
done
in
another
hundred
,
Lam.
399.
Justices
may
command
the
Sheriff
to
alter
the
panel
,
&
he
refusing
forfeiteth
20
pound
,
ibid.
3
H.
8.
c.
12.
All
the
Jurors
must
be
sworn
,
otherwise
●heir
presentments
are
void
:
but
the
Record
●eing
that
all
the
Jurors
were
sworn
,
the
pre●ntments
are
good
though
all
be
not
sworn
,
●am.
399.
Juror
after
he
is
sworn
,
upon
cause
may
be
●emoved
by
the
Justices
,
Lam.
400.
Jury
after
swearing
adjourned
to
another
●ime
,
may
be
then
sworn
again
,
ibid.
Jurors
of
enquiry
must
be
twelve
,
but
there
●ay
be
more
,
and
it
is
best
to
have
them
odd
,
Lam.
400.
If
twelve
Jurors
do
agree
,
the
residue
can●ot
gain-say
,
ibid.
Juries
of
enquiry
ought
not
to
be
commit●ed
to
a
keeper
,
not
kept
without
victuals
,
nor
●arried
out
of
the
town
,
but
may
be
adjourned
to
another
place
to
give
up
their
verdict
,
Lam.
400.
Jurors
which
do
wilfully
conceal
offences
presentable
,
and
which
be
complained
of
by
bill
,
may
be
enquired
of
by
persons
whereof
every
one
may
dispend
forty
shill.
per
annum
;
and
such
concealment
being
found
within
a
year
after
,
every
Juror
shall
be
amerced
in
open
Sessions
,
3
Hen.
7.
c.
1.
Lam.
400
,
401.
Jurors
that
discover
what
they
have
done
,
are
to
be
fined
,
Lam.
402.
Juror
taking
any
thing
to
make
a
favourable
presentment
,
shall
be
imprisoned
and
ransomed
,
Lam.
441.
Cro.
84.
a.
5
Ed.
3.
c.
10.
No
Juror
to
be
returned
without
an
addition
whereby
he
may
be
known
,
27
El.
c.
7.
Lam.
432.
Vide
plus
Challenge
.
Justices
of
the
Peace
.
Justices
of
the
Peace
were
created
1
El.
3.
c.
15.
Dal.
6.
Lam.
20.
Justice
of
Peace
is
Judge
of
Record
,
Dal.
7.
Cro.
120.
a.
nu.
1.
Lam.
62.
He
may
take
a
recogniz
.
of
Peace
,
which
none
can
do
but
a
Judge
of
Record
,
Dal.
8.
Lam.
186.
Crom.
196.
a.
num.
1.
His
warrant
is
not
disputable
by
the
Constable
,
but
it
is
to
be
understood
when
the
Just.
of
Peace
hath
jurisdiction
of
the
cause
,
Dal.
8.
Cro.
147.
b.
Lamb.
65
,
91.
His
testimony
in
some
cases
is
of
as
great
force
,
and
in
some
cases
greater
then
an
indictment
of
12
men
upon
oath
,
as
in
the
cases
of
force
,
riots
,
presentments
of
high-waies
,
Dal.
9.
Lam.
65.
The
authority
granted
to
the
Justices
of
P.
by
commission
doth
determine
by
death
of
the
King
,
or
at
the
Kings
pleasure
.
As
to
be
discharged
by
Writ
under
the
great
Seal
,
2.
By
Supersedeas
.
3.
By
granting
a
new
commission
and
knowledge
thereof
,
Dal.
11.
rom.
188.
a.
Lam.
69.
2.
By
publishing
the
new
commission
at
Assizes
or
Sessions
,
or
any
County
Court
.
3.
By
holding
open
Sessions
by
virtue
of
the
new
commission
,
Dal.
11.
Cro.
188.
a.
Lam.
69.
4.
By
accession
of
another
office
;
as
being
Sheriff
or
Coroner
of
the
County
,
Cro.
121.
nu.
13
,
14.
but
so
doth
not
the
addition
of
a
greater
name
of
dignity
,
as
Knight
,
Serjeant
,
at
Law
,
Cro.
188.
a.
Exercising
the
office
of
a
Just.
of
Peace
before
oath
taken
,
is
fineable
,
Dal.
15
,
352.
Justice
of
Peace
hath
not
authority
but
in
the
County
where
he
is
Justice
,
Dal.
23.
Justice
of
Peace
is
not
to
meddle
with
offences
done
out
of
the
County
,
except
some
statute
enable
him
,
or
some
matter
of
Peace
or
Felony
,
Dal.
23.
Cro.
120.
b.
nu.
12.
Justice
of
Peace
is
not
to
intermeddle
in
any
City
or
Corporation
which
have
their
proper
Justices
,
Dal.
23.
Crom.
8.
a.
nu.
30.
181.
b.
189.
a.
Lam.
47.
Cro.
121.
a.
nu.
20.
1
&
2
P.
&
M.
c.
18.
Justices
of
P.
ought
not
to
execute
their
offices
in
their
own
case
,
Dal.
352.
Cro.
68.
a.
nu.
4.
Yet
a
Justice
of
Peace
being
assaulted
,
may
commit
the
offender
to
prison
,
Cro.
68.
a.
Lam.
134.
Dal.
352.
So
Crompt
.
thinketh
that
a
Justice
of
Peace
may
record
a
forcible
entry
made
upon
his
●own
possession
,
and
commit
the
offender
,
Cro.
67.
b.
68.
a.
nu.
4.
Justice
of
Peace
chargeth
one
that
maketh
an
assault
or
affray
,
to
keep
the
peace
;
who
answereth
he
will
not
;
the
Justice
of
Peace
may
bind
him
to
his
good
behaviour
,
Dal
195.
Justice
of
Peace
must
proceed
by
the
prescript
of
the
commission
and
statute
,
Dal.
20.
Where
the
statute
referreth
the
trial
,
&c.
10
the
Justice
of
Peace
his
discretion
,
it
seemeth
he
may
examine
upon
oath
,
Dal.
22
,
155.
One
Justice
of
Peace
ought
not
to
bind
one
to
appear
at
the
Q
Sessions
to
answer
his
fault
committed
against
a
penal
law
,
except
the
statute
of
Labourers
,
Lam.
187.
Dal.
339.
Every
Justice
of
Peace
is
a
conservatour
of
Rivers
within
his
County
,
Lam.
189.
Justice
of
Peace
not
giving
remedy
to
the
party
grieved
in
a
cause
that
may
be
heard
,
determined
,
and
executed
by
him
,
upo●
complaint
to
the
Judges
of
Assize
,
or
the
Lor●
Chancellour
,
is
to
be
put
out
of
commission
b●
the
Lord
Chancellour
,
and
punished
acco●ding
to
his
desert
,
4
H.
7.
c.
12.
Lam.
370.
Cr●
120.
b.
nu.
6.
Dal.
353.
One
Justice
of
Peace
may
command
fres●
suit
,
hue
and
cry
,
and
search
to
be
made
by
officers
and
others
,
after
thefts
,
robberies
;
injoyn
watches
for
the
arresting
of
suspecte●
persons
and
night-walkers
,
high-waies
to
b●
enlarged
,
that
two
Constables
be
chosen
in
every
Hundred
;
forbid
Fairs
and
Markets
i●
Church-yards
,
command
all
between
15
an●
60
to
be
sworn
to
the
peace
,
charge
the
Constable
to
arrest
all
such
as
be
suspected
to
b●
draw-latches
,
wasters
,
or
robbers
of
men
▪
Lam.
185.
Justices
of
Peace
taking
bond
in
his
own
name
,
and
not
Domino
Rigi
,
in
a
cause
touching
the
King
,
is
to
be
imprisoned
,
33
Hen.
8.
c
▪
39.
Lam.
102
,
143.
Justice
of
Peace
at
their
Sessions
are
of
equa●
authority
,
Lam.
385.
Vide
Cro.
122.
a.
nu.
33.
Justice
of
Peace
must
send
his
prisoner
to
th●
common
gaol
,
Lam.
133.
5
H.
4.
c.
10.
A
felon
is
brought
before
a
Justice
of
Peac●
upon
suspition
:
though
it
appear
to
the
Justic●
he
is
not
guilty
,
yet
he
may
not
set
him
at
liberty
,
but
so
as
he
may
come
to
his
trial
.
Lam
▪
233.
Dal.
279
,
304
,
353.
Cro.
40.
b.
nu.
20.
otherwise
it
will
prove
a
voluntary
escape
i●
the
Justice
;
for
he
is
not
to
be
delivered
b●
any
mans
discretion
,
Dal.
8.
Lam.
ut
supra
.
A
man
is
arrested
for
felony
by
a
Constable
or
other
,
who
afterwards
hath
knowledge
that
there
is
no
such
felony
done
,
the
opinion
of
K●ble
,
Comsby
,
and
Serjeant
Frowick
was
,
that
he
might
set
him
at
liberty
:
but
if
one
be
killed
,
and
another
be
arrested
for
suspition
,
●hough
after
he
know
the
arrested
is
guilt●ess
,
or
was
arrested
for
malice
,
he
ought
not
●o
set
him
at
liberty
,
but
must
be
delivered
by
course
of
law
,
otherwise
it
is
felony
,
Cro.
40.
nu.
20.
b.
Justice
of
Peace
dwelleth
,
or
is
in
another
county
,
he
cannot
cause
one
to
be
brought
before
him
out
of
the
county
where
he
is
Justice
into
another
county
,
Dal.
23.
Cro.
120.
b.
nu.
12.
What
things
Justices
of
Peace
ought
to
do
ex
officio
.
Record
a
demurrer
upon
the
evidence
,
Lam.
539.
Give
day
to
the
party
to
bring
in
a
Record
that
is
before
other
Justices
,
which
is
pleaded
by
way
of
justification
,
Lam.
539.
If
thinking
an
enditement
to
be
void
,
they
have
discharged
the
prisoner
,
paying
his
fees
;
yet
(
upon
change
of
their
opinion
)
they
may
stay
him
any
time
before
judgement
,
Lam.
540.
Justices
of
Peace
ought
not
to
suffer
the
King
to
be
disadvantaged
,
if
they
may
lawfully
prevent
it
,
Lam.
540.
In
absence
of
the
Kings
Atturney
,
the
Justices
of
P.
may
take
issue
with
one
that
pleadeth
a
pardon
,
that
he
is
one
of
the
parties
excepted
,
Lam.
540.
Justices
of
Peace
cannot
acquit
felons
by
proclamations
;
but
if
no
prosecution
be
,
the●
are
to
keep
them
till
the
coming
of
th●
Justices
of
gaol-delivery
,
Lam.
550.
Justices
of
P.
may
enquire
of
all
manner
o●
felonies
at
the
common
law
,
or
given
by
any
statute
,
and
of
all
manner
of
trespasse
done
against
the
peace
of
the
King
,
and
of
such
trespasser
wherein
action
of
the
case
will
lie
●●●
trespass
or
deceit
;
for
in
the
end
of
the
Wri●
grounded
upon
the
case
,
it
is
contained
contr●
pacem
nostram
,
Cro.
8.
a.
nu.
25.
Justice
of
Peace
shall
be
punished
for
conspiring
with
another
to
indict
a
stranger
a●
the
Sessions
but
not
for
a
thing
done
by
hi●
in
Sessions
as
a
Judge
,
Cro.
122.
a.
nu.
32.
One
Justice
of
Peace
rebukes
another
;
neither
he
,
nor
any
of
his
fellow
Justices
can
commit
him
,
for
all
are
by
one
authority
;
an●
therefore
hath
no
remedy
if
the
King
will
no●
remove
him
:
but
if
one
Justice
abuse
anothe●
in
open
Sessions
,
it
seems
the
rest
may
bind
him
to
the
Peace
,
Cro.
122.
a.
nu.
33.
134.
b
▪
Lam.
385.
Defaults
against
the
statute
3
Hen.
6.
c.
11.
●o●
levying
of
wages
for
Knights
of
the
shire
,
ar●
to
be
heard
and
determined
by
enquiry
fo●
the
King
,
or
action
for
the
party
before
th●
Just.
of
Peace
,
Lam.
512.
Justice
of
P.
needs
not
to
shew
his
commission
,
by
which
he
is
made
Justice
,
when
he
justifieth
the
doing
of
any
thing
as
a
Justice
;
for
he
is
Justice
of
Record
and
the
commission
remaineth
with
the
Custos
rotulorum
of
the
said
County
,
and
he
is
called
by
the
commission
in
open
Assizes
and
Sessions
,
Cro.
120.
b.
nu.
13.
Lam.
387.
Justice
of
Peace
hath
a
Record
in
his
hands
,
and
is
discharged
of
his
office
,
he
cannot
certifie
the
same
without
a
Writ
of
Certiorari
although
he
be
made
Justice
afterwards
,
Cro.
121.
a.
nu.
15.
&
132.
a.
Justice
of
Peace
may
have
his
action
of
the
Case
against
him
that
calleth
him
False
Justice
of
the
Peace
.
It
seemeth
also
that
he
may
be
indicted
:
for
they
may
enquire
of
all
trespasses
,
where
a
man
may
have
his
action
of
the
Case
,
Cro.
121.
a.
nu.
21.
&
122.
a.
nu.
29.
Quicquid
Justiciarius
fecerit
de
Recordo
,
●gnoranter
&
pro
defectu
scientiae
,
non
erit
pro
●o
punitus
.
Sicut
accidit
de
Seneschallo
liberta●is
Abbatis
de
Crowland
,
qui
colore
libertatis
de
Infangthefe
,
judicavit
hominem
mori
contra
●egem
pro
eo
libertas
seisita
fuit
in
manus
Regis
,
&
nulla
poena
Seneschallo
,
Cro.
121.
b.
nu.
24.
●usticiarius
non
potest
puniri
pro
re
per
ipsum
●acta
judicialiter
:
sed
Officiarii
,
ut
Vicecomes
,
&
alli
Officiarii
be
Recordo
erunt
puniti
,
Cro.
122.
a.
nu.
28.
Justice
of
Peace
certifieth
into
the
Kings
Bench
,
that
such
a
man
broke
the
peace
in
●is
presence
,
the
party
shall
be
put
to
his
●ne
without
any
Traverse
to
the
same
,
Cro.
●32
.
a.
Justice
of
Peace
who
is
of
the
Quorum
,
●ught
to
be
resiant
within
the
County
●here
he
is
Justice
of
the
Quorum
,
2
H.
5.
c.
●
.
Cro.
122.
a.
nu.
34.
Justice
of
Peace
was
put
out
of
Commis●ion
in
Camera
Stellata
,
for
that
he
refused
to
●ake
surety
of
the
peace
of
one
that
came
●efore
him
,
who
offered
to
find
surety
of
the
peace
;
for
that
the
Justice
which
granted
the
warrant
was
not
his
friend
,
and
thereupon
would
not
go
before
him
to
be
bound
,
Cro.
Jurisd.
of
Courts
,
31.
b.
One
Just.
of
Peace
upon
his
view
of
forcible
detainer
may
record
the
same
by
15
R.
2.
c.
2.
but
in
case
of
Riot
or
Rout
,
&c.
there
must
be
two
Justices
of
Peace
with
the
Sheriff
or
Under
Sheriff
,
13
H.
4.
c.
7.
Cro.
61.
b.
nu.
9.
Justice
of
Peace
commandeth
one
upon
pain
of
10
li.
by
his
precept
,
to
be
at
the
next
Quarter
Sessions
,
and
he
appeareth
not
No
Scire
facias
shall
go
forth
more
then
i●
there
had
been
a
Subpoena
:
but
it
seemeth
that
he
shall
be
attached
to
be
at
the
next
Sessions
,
upon
an
accompt
,
Cro.
123
,
a.
nu.
9.
An
affray
is
made
within
a
Corporate
Town
,
whilest
the
Sessions
be
held
there
●
and
that
Town
hath
Justices
within
it self
●
the
Justices
of
Peace
shall
not
intermedl●
there
:
but
otherwise
it
is
at
the
Assizes
,
Cro.
146.
b.
Laboures
and
Servants
.
ONe
Justice
of
Peace
may
cause
all
artificers
and
other
persons
meet
to
labou●
by
his
discretion
,
to
work
by
the
day
in
ha●
and
corn-harvest
time
or
imprison
the
refusers
in
the
stocks
for
two
daies
and
one
night
5
El.
c.
4.
Dal.
77.
Lam.
475.
The
Constable
refusing
to
stock
them
loseth
40.
shill.
One
Justice
of
Peace
under
his
hand
and
●eal
may
licence
labourers
in
hay
and
har●est
time
to
go
into
another
country
to
work
,
Dal.
ibid.
One
Justice
of
Peace
upon
complaint
may
●ompel
meet
persons
to
be
bound
as
appren●ices
to
husbandry
,
or
any
other
art
,
&c.
and
●or
refusal
commit
them
to
ward
,
there
to
remain
untill
they
be
bound
to
serve
according
●o
the
statute
,
Dal.
77.
5
El.
c.
4.
One
Justice
of
Peace
may
take
order
be●wixt
the
master
and
apprentice
:
for
want
of
●onformity
in
the
master
,
bind
him
over
to
●he
Q.
Sessions
,
where
four
Justices
,
one
being
of
the
Quorum
,
may
discharge
the
appren●ice
:
and
if
fault
be
in
the
apprentice
,
inflict
●ue
correction
,
Dal.
78.
but
if
the
first
Justice
find
fault
in
the
apprentice
,
quaere
if
he
may
●y
7
Jac.
c.
4.
send
him
to
the
house
of
Cor●ection
,
as
an
idle
disorderly
person
,
Dal.
78.
One
Justice
of
Peace
may
allow
of
the
cause
of
putting
away
of
a
servant
,
or
of
his
depar●ure
within
his
term
,
Dal.
79.
5
Eliz.
c.
4.
But
an
apprentice
must
be
discharged
by
four
Justices
of
Peace
in
open
Sessions
,
ibid.
One
Justice
of
Peace
may
command
vagrant
persons
to
prison
,
if
they
will
not
serve
,
Dal.
81.
One
Justice
of
Peace
may
make
his
War●ant
to
attach
a
servant
departing
,
to
be
at
●he
Sessions
,
or
may
send
him
to
the
house
of
Correction
,
Dal.
78.
Two
Justices
of
Peace
,
upon
complaint
that
●
servant
departed
before
the
end
of
his
term
●
except
1.
cause
be
allowed
by
one
Justice
of
Peace
;
or
2.
at
the
end
of
his
term
,
without
one
quarters
warning
before
two
witnesses
;
or
3.
hath
refused
to
serve
for
the
wages
appointed
by
proclamation
,
according
to
the
statute
;
or
4.
hath
promised
to
serve
accordingly
,
and
doth
not
)
may
examine
the
matter
,
and
may
commit
without
bail
such
faulty
person
till
he
be
bound
to
serve
and
continue
,
and
then
he
is
to
be
discharged
without
see
to
the
Goaler
,
Dal.
79.
Lam.
330.
Two
Iustices
of
the
Peace
may
imprison
the
master
for
10
daies
,
without
bail
,
and
the
servant
for
21
daies
,
that
giveth
or
taketh
greater
wages
then
are
allowed
by
stat.
Dal.
80.
Lam.
330.
and
the
master
loseth
5
li.
5
El.
c.
●
.
All
retainer
,
promise
,
or
paiment
of
wages
,
or
any
other
thing
contrary
to
statute
,
and
every
writing
and
bond
for
the
purpose
is
void
,
5.
El.
c.
4.
Dal.
79.
Two
Iustices
of
Peace
may
imprison
for
a
year
or
less
any
servant
,
workman
,
or
labourer
,
that
doth
make
assault
or
affray
upon
his
master
,
or
any
that
hath
the
charge
or
oversight
of
them
,
or
of
the
work
,
being
prove●
by
the
confession
of
the
party
,
or
oath
of
two
,
Dal.
79.
Or
the
Iustices
at
the
Sessions
may
inflict
other
punishment
.
One
Iustice
may
binde
the
offender
to
the
good
behaviour
,
and
so
to
the
next
Sessions
,
Dal.
79.
Lam.
330.
&
473.
Two
Iustices
may
compel
any
woman
of
the
age
of
12
and
under
40
being
unmarried
,
to
serve
by
the
year
,
week
,
or
day
,
for
such
wages
as
they
shall
think
meet
,
or
commit
her
to
ward
till
she
be
bound
,
Dal.
80.
Lam.
330
,
331.
The
retainer
of
any
to
serve
in
the
arts
of
●loathing
,
Wooll-weaver
,
Tucker
,
Fuller
,
Cloath-worker
,
Sheerman
,
Dier
,
Hosier
,
Tailer
,
Shoomaker
,
Tanner
,
Pewterer
,
Baker
,
Brewer
,
Glover
,
Cutler
,
Smith
,
Farrier
,
Cur●ier
,
Sadler
,
Spurrier
,
Turner
,
Capper
,
Hatmaker
,
Felt-maker
,
Bowyer
,
Fletcher
,
Arrow●ead-maker
,
Butcher
,
Cook
,
or
Miller
for
●ess
then
a
year
,
is
void
,
5
El.
c.
4.
Lam.
473.
Dal.
79.
No
person
shall
interupt
,
deny
,
let
or
disturb
any
free
or
rough
Mason
,
Carpenter
,
Bricklayer
,
Plaisterer
,
Joyner
,
Hard-hewer
,
Sawyer
,
Tiler
,
Pavier
,
Glasier
,
Lime-burner
,
Brick-maker
,
Tile-maker
,
Plumber
,
or
Labourers
born
in
the
Realm
,
or
any
Denizon
,
to
work
in
any
of
the
said
crafts
,
in
any
City
,
Borough
,
or
Town
Coporate
,
with
any
that
will
retain
him
or
them
,
though
they
do
not
inhabit
or
be
free
there
,
upon
pain
of
5
pound
the
one
moiety
to
the
King
,
the
other
to
the
informer
,
5
Ed.
6.
c.
15.
Any
unmarried
,
or
under
thirty
years
and
married
,
are
compellable
to
serve
in
any
of
the
said
arts
,
or
to
be
imprisoned
untill
they
will
serve
5
El.
c.
4.
upon
request
of
any
person
using
the
said
trades
,
except
the
person
be
lawfully
retained
with
some
other
,
or
have
40
shillings
per
annum
in
lands
,
or
40
pound
in
goods
,
or
some
farm
in
tillage
,
Lam.
473.
Dal.
79.
None
retained
in
husbandry
to
depart
at
his
time
into
any
other
limit
,
town
,
or
parish
,
without
testimonial
,
on
pain
of
21
daies
imprisoment
,
and
to
be
whipped
,
if
then
he
brings
none
;
and
receiver
of
such
loseth
5
li.
Lam.
474.
Dal.
85.
Labourers
not
working
so
many
hours
as
they
ought
,
lose
1
d.
an
hour
,
Lam.
474.
5
El.
c.
4.
Servant
falling
sick
,
or
non
potens
corpore
,
the
master
may
put
him
away
,
nor
abate
his
wages
,
Dal.
84.
Any
taking
work
by
great
,
and
departing
unlawfully
before
the
work
be
finished
,
loseth
5
li.
and
is
to
be
imprisoned
for
a
moneth
,
Lam.
474.
5
El.
c.
4.
Any
taking
an
apprentice
contrary
to
order
of
law
,
or
exercising
an
art
not
being
apprentice
therein
7
years
,
loseth
10
li.
5
E.
●
.
4.
Lam.
475.
Cro.
83.
a.
Servant
departing
into
another
shire
,
is
indicted
for
it
in
the
County
whence
he
departed
;
the
Justices
of
Peace
may
award
a
Capias
to
the
Sheriff
of
that
shire
whereunto
he
departed
,
returnable
before
themselves
,
5
El.
c.
4.
Lam.
525.
The
sufficiency
of
the
cause
of
the
masters
putting
away
of
his
servant
,
or
the
servants
departing
from
his
Master
within
his
term
must
be
proved
at
the
Quarter
Sessions
,
Lam.
610.
5
El.
c.
4.
Houshold
servant
spoileth
the
goods
of
his
deceased
master
,
and
after
proclamation
in
the
Kings
Bench
maketh
default
of
appearance
there
;
it
is
felony
,
but
not
enquirable
by
the
Justices
of
Peace
,
33
H.
6.
c.
1.
Lam.
281
,
548.
Dal.
266.
A
man
not
able
nor
sufficient
to
keep
a
servant
,
doth
retain
a
servant
;
such
retainer
i●
void
,
Dal.
82.
Retainer
of
a
servant
in
husbandry
without
expressing
any
term
,
shall
be
for
one
year
,
Crom.
184.
a.
Dal.
83.
it
is
according
to
the
statute
,
5
El.
c.
4.
One
retaineth
a
servant
for
40
daies
,
and
afterwards
another
retaineth
him
for
a
year
;
the
first
retainer
is
void
,
Cro.
184.
a.
Dal.
83.
A
servant
cannot
be
discharged
by
his
master
without
his
own
agreement
,
or
for
some
cause
allowed
by
a
Iustice
of
Peace
,
Dal.
84.
An
apprentice
cannot
be
discharged
by
his
master
but
by
writing
,
for
an
apprentice
cannot
be
but
by
writing
,
Dal.
85.
Crom.
184.
b.
185.
b.
A
servant
put
away
shall
have
his
proportional
wages
for
the
time
he
served
,
but
it
must
be
by
the
help
of
a
Iustice
of
Peace
,
Dal.
84.
A
servant
of
his
own
accord
departing
from
his
service
,
loseth
all
his
wages
,
Dal.
84.
A
servant
refusing
to
do
his
service
,
it
is
a
departure
in
law
,
though
he
stay
still
with
his
master
,
Dal.
84.
Detaining
of
wages
,
or
of
meat
and
drink
,
is
good
cause
of
departure
,
but
to
be
al.
lowed
by
a
Iustice
of
Peace
,
Dal.
84.
Cro.
185.
a.
A
woman
married
after
she
is
retained
,
must
serve
out
her
time
,
Cro.
184.
b.
Dal.
82.
No
servant
in
husbandry
,
artificer
,
or
victualler
,
nor
any
labourer
shall
carry
any
buckler
,
dagger
,
or
sword
,
on
pain
to
forfeit
the
same
,
but
for
defence
of
the
Realm
,
or
travelling
with
their
master
,
or
about
their
masters
business
,
12
R.
2
c.
6.
Cro.
185.
b.
76.
b.
Any
two
Justices
of
Peace
may
give
their
consents
with
the
Churchwardens
and
overseers
,
or
the
greater
part
with
them
,
to
bind
as
apprentices
the
children
of
poor
parents
,
till
the
age
of
the
man-child
of
24
,
and
of
the
woman
till
21
,
39
El.
3.
Lam.
331.
43
El.
c.
2.
Dal.
83.
Retainer
according
to
statute
,
though
no
wages
be
spoken
of
,
is
good
,
and
shall
have
wages
according
to
the
proclamation
,
Dal.
84.
Retainer
not
being
according
to
statute
,
is
void
,
except
it
be
by
Indenture
,
Dal.
84.
Retainer
upon
condition
is
good
,
Dal.
84.
Retainer
without
expressing
in
what
office
,
is
good
,
Dal.
84.
Retainer
for
life
is
good
,
Dal.
84.
Retainer
for
a
year
to
serve
when
he
shall
be
required
,
is
not
good
,
Dal.
84.
By
Retainer
the
servant
is
presently
in
service
,
though
he
comes
not
into
his
masters
service
indeed
,
Dal.
84.
The
executor
(
the
master
dying
)
must
pay
wages
to
the
servant
hired
according
to
statute
,
not
otherwise
,
except
it
be
by
Indenture
,
Dal.
84.
Larceny
.
Larceny
is
the
felonious
and
fraudulent
taking
another
mans
personal
goods
,
removed
from
his
body
and
person
,
without
his
will
,
to
the
end
to
steal
them
,
Lam.
272.
P.
R.
129.
Personal
goods
are
-
Wholly
anothers
-
Dead
,
-
Alive
,
-
His
own
,
yet
also
a
Property
in
another
.
-
Dead
goods
,
-
In
their
own
nature
chattels
,
as
mony
,
plate
,
houshold-stuff
,
Lam.
273.
wooll
severed
from
the
sheeps
backs
,
to
take
the
skin
and
leave
the
body
,
the
flesh
of
tame
or
wild
fowl
or
beast
,
Lambert
275.
goods
of
the
Church
,
Parish
,
or
of
an
unknown
person
,
Lam.
276.
-
Once
no
chattels
,
and
made
chattels
by
the
owner
,
as
mowed
corn
,
mowed
hay
,
wood
felled
,
apples
gathered
,
&c.
Lam.
276.
-
Alive
,
-
Tame
,
as
horses
,
beasts
,
sheep
,
swine
,
pullen
,
Lam.
273
,
274.
-
Wild
,
&
made
tame
by
-
Art
,
-
Restraint
-
of
liberty
.
By
art
,
as
-
A
tame
deer
by
common
law
,
Lam.
274.
-
By
statute
a
falcon
,
tarcelet
,
lanner
,
lanneret
,
lost
without
bringing
it
to
the
Sheriff
to
be
proclaimed
,
Lam.
274.
By
restraint
of
their
liberty
,
as
young
pigeons
,
young
herons
,
young
hawks
out
of
their
nests
,
fish
in
a
trunk
,
stew
,
or
pond
,
Lamb.
274.
A
mans
own
goods
,
-
Where
he
hath
given
a
special
property
to
another
,
as
by
bailment
,
pawning
,
&c.
and
seloniously
taketh
it
again
,
Lam.
277.
Dal.
270.
-
Where
one
coming
lawfully
to
the
possession
,
by
lending
altereth
the
property
,
a●
by
melting
of
borrowed
plate
,
and
the
lender
taketh
the
metal
feloniously
,
Lam.
277.
Dal.
270.
In
what
goods
Larceny
cannot
be
committed
.
In
goods
of
-
Profit
,
-
Pleasure
.
Goods
of
profit
,
as
where
is
-
An
owner
:
&
they
are
-
Real
.
-
Personal
▪
-
No
owner
,
as
treasure
trove
,
wrecked
,
strayed
,
Lam.
276.
Real
are
-
Distinct
from
the
free
hold
,
a●
charter
of
land
or
a
ward
,
Lam.
275.
-
Annexed
to
the
free-hold
,
a●
apples
on
the
tree
,
a
tree
growing
lead
from
a
house
or
from
a
Church
Lam.
276.
Personal
,
as
wild
things
using
their
wildness
as
pidgeons
flying
hawks
not
reclaimed
,
fishes
in
the
River
,
Lam.
274.
Phesants
,
Partridges
,
Hares
,
Conies
,
Herons
Swans
,
Deer
that
are
abroad
,
Lam.
275
Dal.
270.
Goods
of
pleasure
,
as
Dogs
,
Apes
,
Parrots
singing
birds
,
a
Diamond
,
Ruby
,
or
●the●
stone
not
set
in
Gold
or
S●lver
,
Lam.
2●5
●
Dal.
269.
Larceny
is
-
Grand
larceny
,
-
Petty
larceny
,
Grand
larceny
is
,
where
the
thing
stollen
above
the
value
of
12
d.
and
is
punishable
by
death
,
Dal.
262.
Petty
larceny
,
if
the
thing
stollen
excee●
not
12
d.
and
is
punishable
by
the
discret●o●
of
the
Justices
before
whom
he
is
a●ra●gned
,
and
forfeiteth
his
goods
,
P.
R.
129.
Dal.
●62
.
Divers
petty
larcenies
put
in
one
indictment
,
and
above
the
value
of
12
pence
,
are
punishable
by
death
P.
R.
129.
Lam.
273.
Dal.
263.
Divers
found
guilty
of
one
larceny
above
12
pence
,
they
all
must
die
for
it
,
for
that
felony
is
several
in
law
,
even
as
those
others
severed
in
act
,
Lam.
223.
Dal.
263.
What
acts
do
amount
to
larceny
.
To
carry
away
the
plate
delivered
to
me
in
a
tavern
to
drink
in
,
Lam.
278.
Cro.
35.
b.
nu.
4.
Dal.
263.
To
carry
those
things
one
is
hired
to
carry
,
to
another
place
then
he
was
hired
,
and
there
feloniously
to
convert
them
to
his
own
use
,
Lam.
279.
Dal.
264.
Cr●
.
36.
a.
nu.
10.
A
servant
not
being
an
apprentice
to
go
away
with
the
goods
of
his
master
above
40
shill.
which
were
in
his
custody
,
Lam.
279
,
280.
Dal.
264.
Carrier
to
convey
away
or
convert
to
his
own
use
the
goods
after
they
are
brought
to
the
place
appointed
by
the
owner
,
Dal.
264.
Lam.
279.
He
to
whom
the
key
of
ones
chamber
door
is
delivered
,
openeth
the
door
and
taketh
away
the
goods
,
Lam.
279.
Dal.
266.
A
servant
receiving
20
li.
in
gold
of
his
master
to
keep
,
changeth
it
into
silver
,
and
runneth
away
with
it
;
for
gold
and
silver
are
both
of
one
nature
,
viz.
money
,
Dal.
265.
Cro.
50.
a.
Lam.
280.
A
guest
is
harboured
,
who
carrieth
away
his
sheets
out
of
his
chamber
,
with
purpose
to
steal
them
,
and
is
taken
in
the
house
,
Dal.
266.
Cro.
35.
a.
nu.
2
Lam.
281.
One
servant
runneth
away
with
the
goods
of
his
master
delivered
unto
him
by
his
fellow-servant
to
the
value
of
40
shill.
or
converteth
them
to
his
own
use
,
Dal.
265.
Cro.
50.
Lam.
281.
A
Carrier
embeze's
part
of
the
goods
committed
to
his
charge
,
Dal.
264.
Cro.
36.
a.
nu.
11.
A
servant
receiveth
of
his
master
a
piece
of
cloath
to
keep
,
and
he
maketh
a
garment
therewith
,
and
goeth
away
therewith
,
Cro.
50.
a
Dal.
265
,
266.
A
servant
taketh
away
or
spoileth
the
goods
of
his
deceased
Master
;
upon
default
of
appearance
in
the
Kings
Bench
after
proclamation
,
it
is
felony
,
Dal.
266.
33
H.
6.
c.
1.
Lam.
281.
Taking
an
horse
feloniously
,
and
apprehended
before
he
get
the
horse
out
of
the
close
,
Lam.
282.
Dal.
267.
The
husband
shall
not
be
punished
for
theft
done
by
his
wife
,
he
not
knowing
thereof
,
or
if
after
knowledge
he
presently
forsake
her
and
his
house
,
Lam.
282.
What
acts
do
not
amount
to
larceny
.
One
having
goods
bailed
unto
him
,
converteth
them
all
to
his
own
use
,
Cro.
36.
a.
nu.
11.
A
Carrier
conveyeth
the
goods
to
another
place
then
he
was
hired
,
and
there
converteth
them
to
his
own
use
,
Lam.
278
Da●
.
264.
●r●
.
36.
a.
nu.
11.
An
obligation
or
wares
delivered
to
a
servant
,
who
receiveth
the
money
or
selleth
the
wares
,
and
runneth
away
with
the
money
,
Dal.
265.
Cro.
35.
b.
nu
50.
a.
Lam.
280.
A
wife
stealeth
goods
in
the
company
of
her
husband
,
or
by
his
command
;
quaere
if
it
be
without
his
compulsion
,
Lam.
282.
Dal.
272.
A
wife
stealeth
the
goods
of
her
husband
,
and
delivereth
them
to
another
that
knoweth
thereof
,
it
is
larceny
in
neither
,
Lam.
282.
Dal.
272.
Goods
stollen
by
an
infant
under
12.
a
lunatick
during
his
lunacy
,
a
mad-man
,
and
deaf
and
dumb
,
Lam.
282.
Vide
Dal.
273.
Riding
away
with
a
lent
horse
,
Dal.
264.
A
clothier
delivereth
Wooll
or
yarn
to
his
work-folks
,
who
embezel
or
sell
part
thereof
,
Dal.
264.
Goods
delivered
to
another
to
keep
,
and
he
consumeth
them
,
or
converteth
them
to
his
own
use
,
Dal.
264.
Lam.
278.
So
money
or
goods
delivered
to
one
to
deliver
to
a
third
person
,
and
the
first
receiver
fleeth
away
with
them
,
or
converts
them
to
his
own
use
,
Dal.
264.
A
servant
hath
a
horse
delivered
by
his
Master
to
ride
to
market
,
or
money
to
go
to
a
fair
to
buy
cattel
or
other
,
or
to
pay
to
another
man
,
and
the
servant
goeth
away
●herewith
;
quaere
if
it
be
felony
by
statute
,
Dal.
265.
A
receiver
receiveth
his
masters
rents
,
and
goeth
away
with
them
,
Dal.
266.
Cro.
50.
a.
Butcher
that
gasheth
,
slaughtereth
,
or
cuteth
the
hide
of
the
oxe
,
steer
,
bull
or
cow
,
whereby
it
is
impaired
,
loseth
20
pence
;
or
that
watereth
any
hide
except
in
June
,
July
,
or
August
,
or
putteth
to
sail
any
putrified
or
rotten
hide
,
loseth
for
every
hide
3s.
4
d.
1
Jac.
22.
Lam.
462.
Butcher
using
the
said
craft
and
also
the
mystery
of
tanner
,
loseth
every
day
6
shill.
8
pence
,
ib●d.
Tanner
using
also
the
mystery
of
a
shoemaker
,
currier
,
butcher
,
or
any
artificer
using
the
cutting
or
working
of
leather
,
loseth
the
hides
and
skins
tanned
,
ibid.
Every
person
,
other
then
such
as
had
a
tan-house
29
Martii
1603.
and
did
then
occup●
tanning
of
leather
,
or
hath
been
taught
as
a●
apprentice
,
or
hired
servant
7
years
in
tha●
mystery
,
or
hath
been
wife
or
son
of
a
tanne
brought
up
in
this
mystery
4
years
,
or
the
so●
or
daughter
of
a
tanner
,
or
such
as
hath
married
the
wife
or
daughter
of
a
tanner
,
havin●
left
to
them
his
tan-house
and
fats
,
that
ta●●eth
any
leather
,
or
taketh
any
profit
by
ta●●ing
,
loseth
all
the
leather
tanned
by
him
Lam.
462
,
463.
1
Jac.
22.
None
may
buy
,
contract
for
,
or
bespeak
an●
rough
hides
or
calves
▪
skins
,
but
only
tanne●
or
tawers
of
leather
,
except
salt
hides
for
t●●
necessary
use
of
ships
,
on
pain
of
6
shillin●
8
pence
for
every
hide
,
1
Jac.
22.
La●
463.
None
shall
forestal
any
hides
coming
to
f●●
or
market
,
(
except
of
such
as
kill
for
the
pr●vision
of
their
house
)
on
pain
of
6
s.
8
for
every
hide
,
1
Jac.
22.
None
may
buy
tanned
leather
nor
wrought
,
but
such
as
will
convert
the
same
into
made
wares
(
except
necks
,
and
shreds
of
saddlers
and
girdlers
)
upon
loss
of
all
the
leather
,
Lam.
463.
1
Jac.
c.
22.
Tanner
suffering
any
hide
to
lie
in
the
tanlimes
till
the
same
be
over-limed
,
or
that
putteth
any
hides
into
the
tan
fats
before
the
lime
be
perfectly
wrought
out
of
them
,
or
useth
any
thing
in
tanning
but
onely
Ash-bark
,
Oake-bark
,
Tapwert
,
Malt
,
Meal
,
Lime
.
Culver-dung
,
or
Hen-dung
,
or
hath
suffered
his
leather
to
be
frozen
,
or
to
be
parched
with
the
fire
or
summer
sun
,
or
hath
tanned
any
rotten
hides
,
or
hath
not
suffered
the
hides
for
outward
sole-leather
to
lie
in
the
woozes
twelve
months
,
and
for
the
upper
sole
leather
nine
months
,
or
hath
negligently
wrought
he
hides
in
the
woozes
,
or
hath
not
renewed
their
woozes
as
oft
as
was
requisite
,
or
hath
put
to
sail
any
tanned
leather
,
not
wrought
according
to
the
statute
,
shall
lose
the
hides
or
value
of
them
,
1
Jac.
c.
22.
Lam.
463
,
464.
Tanner
that
raiseth
with
any
mixtures
any
hides
to
be
converted
to
backs
,
bend-leather
,
clouting-leather
,
or
any
other
sole-leather
,
except
the
same
be
fit
and
sufficient
for
that
use
,
loseth
the
hides
,
1
Jac.
c.
22.
Lam.
464.
Any
that
putteth
to
sale
,
exchangeth
,
or
otherwise
departeth
with
any
tanned
leather
red
and
unwrought
,
being
in
open
fair
and
marke●
,
unless
it
be
searched
and
sealed
in
some
open
fair
or
market
,
or
putteth
to
●●●e
any
leather
not
searched
and
sealed
ac-according
to
the
statute
,
loseth
for
ever
hide
or
piece
of
leather
six
shillings
eight
pence
,
and
also
for
every
twelve
calves
skins
or
sheep-skins
,
three
shillings
four
pence
,
and
also
the
hides
and
skins
,
or
their
value
,
1
Jac.
c.
22.
Lamb.
464.
Tanner
putting
to
sale
any
leather
insufficient
,
or
not
throughly
wrought
and
tanned
,
or
not
well
and
throughly
dried
,
and
the
same
so
found
by
the
triers
appointed
,
1
Jac.
c.
22.
loseth
so
much
as
is
insufficient
,
Lam.
464.
He
that
setteth
his
fats
in
tan-hills
or
other
places
where
the
woozes
or
leather
to
be
tanned
in
the
same
may
take
any
unkind
heats
,
or
hath
put
any
leather
into
warm
woozes
,
or
hath
tanned
with
warm
or
hot
woozes
,
forfeiteth
ten
pound
,
and
is
to
stand
in
the
Pillory
three
market-daies
,
1
Jac.
cap.
22.
Lam.
464.
Felling
oaks
meet
to
be
barked
where
bark
is
worth
two
shillings
a
load
,
above
the
charges
of
barking
and
pilling
,
(
timber
for
necessary
buildings
,
and
reparations
of
ships
,
houses
,
or
mills
excepted
)
but
between
the
first
of
April
and
the
last
of
June
,
loseth
every
tree
or
double
the
value
,
1
Jac.
c.
22.
Lam.
464
,
465.
Currier
that
currieth
any
leather
but
in
his
own
house
situate
in
a
corporate
or
market-town
,
or
hath
curried
any
leather
not
well
tanned
,
or
not
throughly
dried
after
his
wet
season
,
or
hath
used
in
such
wet
season
any
deceitful
means
to
corrupt
the
same
,
or
hath
curried
any
outward
sole-leather
with
any
other
stuff
then
hard
tallow
,
or
less
of
that
then
the
leather
will
receive
,
or
inner
loose-leather
,
or
upper
leather
but
with
good
stuff
being
fresh
and
not
salt
,
or
hath
not
liquored
them
thoroughly
,
or
hath
scalded
or
shaven
too
thin
,
or
gasht
in
shaving
or
otherwise
,
or
not
wrought
sufficiently
any
leather
,
loseth
six
shillings
eight
pence
,
and
the
value
of
every
skin
marred
,
except
gashing
in
shaving
,
and
for
such
gashing
double
as
much
as
the
leather
is
impaired
,
1
Iac.
cap.
22.
Lam.
465.
Currier
that
during
the
time
that
he
useth
●urrying
,
useth
the
fear
of
a
tanner
,
cord
wainer
,
shoemaker
,
butcher
,
or
other
artificer
using
cutting
of
leather
,
loseth
6
shillings
8
pence
each
hide
,
ibid.
Currier
refusing
to
curry
within
8
daies
in
summer
,
and
16
daies
in
winter
,
perfectly
any
leather
brought
by
any
outter
of
leather
,
or
his
servant
,
bringing
with
him
good
stuff
for
perfect
liquoring
of
the
same
,
loseth
10
shillings
for
every
hide
.
Shoemaker
that
maketh
any
Boots
,
Shoes
,
Buskins
,
Startups
,
Slippers
,
or
Pantofles
,
or
any
part
of
them
of
English
leather
wet
curried
,
(
other
then
Deer
,
Calves
,
or
Goats-skins
dressed
like
Spanish
leather
)
but
of
leather
well
tanned
and
curried
,
or
well
tanned
onely
,
and
well
sewed
with
thred
well
twisted
,
waxed
,
and
rosined
,
with
the
stitches
hard
drawn
with
hand
leathers
,
without
mixing
neat
and
calves
leather
in
the
over-leather
thereof
;
or
hath
put
into
any
shoes
,
books
,
&c.
any
leather
made
of
sheep-skins
,
bull-hide
,
horse-hide
,
or
into
the
upper-leather
of
any
shoes
,
slippers
,
or
pantofies
,
or
into
the
neather
part
of
boots
,
(
the
inner
part
of
the
shoes
onely
excepted
)
any
part
of
the
womb
,
shank
,
neck
,
flank
,
pole
,
or
cheek
of
any
hide
,
or
into
the
outer
sole
other
then
the
best
of
the
oxe
or
steer
hide
,
or
into
the
inner
sole
other
then
the
necks
,
womb
,
pole
,
or
cheek
;
or
in
treswels
of
the
double-soled
shooes
other
then
the
flanks
of
any
the
said
hides
;
or
hath
put
to
fale
any
year
between
the
last
of
September
and
the
twentieth
o●
April
any
shoes
,
boots
,
&c.
meet
for
any
person
above
four
years
old
,
wherein
hath
been
any
dry
English
leather
,
other
the●
calves
or
goats-skins
dressed
like
spanish
leather
;
or
hath
shewed
for
sale
any
of
his
ware
upon
Sunday
,
loseth
3
shill.
4
pence
for
every
pair
,
and
the
just
value
,
1
Iac.
cap.
22.
Lam
▪
465
,
466.
Every
Lord
of
fair
or
market
,
that
doth
not
appoint
and
swear
yearly
two
or
thre●
honest
and
skilful
men
to
be
searche●●
and
sealers
of
leather
there
,
and
si●
honest
and
expert
men
to
try
the
sam●
leather
,
loseth
40
pound
,
Lam.
466.
Suc●
triers
as
do
not
their
duties
therein
with
out
delay
,
lose
5
pound
for
default
,
Lam
▪
467.
Searcher
or
sealer
so
appointed
,
refusin●
with
speed
to
seal
good
leather
,
or
allowin●
insufficient
leather
,
loseth
40
shill.
or
receiving
any
bribe
or
exacting
any
undue
fee
fo●
execution
of
his
office
loseth
for
every
offenc●
20
pound
;
or
refusing
to
execute
the
said
office
being
duly
elected
,
loseth
10
pound
,
Lam
▪
467.
He
that
will
not
suffer
a
searcher
to
ente●
into
any
place
to
search
tanned
leather
,
or
wrought
wares
,
or
to
seize
or
carry
away
that
which
is
insufficient
,
or
hath
put
away
any
●anned
leather
red
and
unwrought
,
without
●egistring
the
same
,
and
the
price
thereof
,
loseth
the
value
of
the
leather
,
Lam.
467.
1.
Jac.
cap.
22.
Leets
.
Steward
of
a
leet
cannot
grant
surety
of
the
Peace
,
unless
it
be
by
prescription
;
but
he
may
commit
him
to
ward
that
shall
make
an
affray
in
his
presence
whilest
he
is
in
execution
of
his
office
,
or
bind
him
to
the
peace
,
or
to
his
good
behaviour
,
Lam.
14.
He
may
also
take
presentment
of
an
offence
against
the
peace
,
ibid.
In
every
leet
or
market
,
there
ought
to
be
a
pillory
and
tumbrel
,
and
for
want
thereof
the
Lord
of
the
leet
or
market
shall
make
a
fine
to
the
King
,
Dal.
151.
Cro.
149.
Lent
,
vide
Fish-daies
.
.
Liberties
and
Franchises
.
Liberties
and
Franchises
be
such
which
have
return
of
Writs
,
and
not
such
as
are
Counties
of
themselves
,
as
London
,
York
,
Norwich
,
&c.
not
towns
which
have
by
grant
of
the
Kings
Justices
of
Peace
so
that
no
other
Justice
do
intermeddle
,
Cro.
8.
a.
nu.
30.
Dal.
23.
2
&
3
P.
&
M.
c.
18.
Justice
of
Peace
may
execute
his
authority
within
any
liberties
,
not
being
a
County
within
it selfe
,
and
it
is
good
,
but
the
liberty
may
have
their
remedy
against
him
,
Lam.
47
,
48.
Dal.
23.
Cro.
8.
a.
nu.
30.
181.
b.
189.
●
.
Libellers
.
A
man
finding
a
Libel
against
a
private
man
,
must
presently
burn
it
,
or
deliver
it
●●
some
Magistrate
,
Dal.
195.
If
against
a
Magistrate
or
publick
person
,
to
deliver
it
to
some
Magistrate
,
that
by
examination
the
author
may
be
found
out
,
Dal.
ibid.
Libellers
(
it
seemeth
)
may
be
bound
to
their
good
behaviour
as
disturbers
of
the
peace
,
whether
they
be
contrivers
,
procurers
,
or
publishers
of
the
libels
;
for
such
libelling
and
defamation
tendeth
to
the
raising
of
quarrels
and
effusion
of
bloud
,
and
special
occasions
to
the
breach
of
the
peace
,
Dal.
194.
Libelling
is
by
scandalous
writings
,
by
book
,
ballad
,
epigram
,
or
rhime
;
2.
by
scandalous
words
,
as
scoffs
,
jests
,
taunts
,
or
songs
;
3.
by
hanging
up
of
pictures
or
signs
of
reproach
neer
the
place
where
the
party
traduced
doth
converse
most
,
as
gallows
,
Cucking
stool
,
pillory
,
horns
,
or
such
like
,
Dal.
194
,
Cook
5.
fol.
125.
Licenses
.
Two
Justices
of
the
Peace
may
licence
poor
diseased
persons
to
travel
to
the
Baths
for
remedy
of
their
grief
,
so
as
they
be
provided
of
relief
for
their
travel
,
and
beg
not
,
39
El.
c.
4.
Dal.
101.
Lam.
332.
1
Iac.
c.
25.
Justice
of
Peace
dwelling
neer
where
any
person
having
suffered
ship
wrack
shall
land
,
may
and
ought
to
make
a
testimonial
under
his
hand
to
such
persons
of
the
landing
,
&c.
and
thereby
to
licence
them
to
pass
the
next
direct
way
to
their
place
of
birth
or
dwelling
,
and
limit
them
a
convenient
time
for
their
passage
,
Dal.
100
,
127.
Lam.
303.
39
El.
c.
4.
39.
El.
c.
17.
1
Iac.
c.
25.
No
Justice
or
Justices
of
Peace
(
as
it
seem●th
)
can
in
any
case
licence
any
poor
man
to
wander
,
beg
at
all
,
Dal.
101
,
127.
Lam.
303.
●9
.
El.
c.
4.
17.
Convicted
for
abusing
of
a
licence
of
transportation
of
victual
,
shall
be
committed
for
a
year
without
bail
or
mainprise
,
Lam.
349.
1
▪
2
P.
&
M.
c.
5.
Licences
for
badgers
,
drovers
,
&c.
are
to
be
granted
in
open
Quarter
Sessions
by
three
Justices
of
Peace
whereof
one
of
the
Quorum
,
and
shall
not
endure
above
a
year
,
unless
the
same
be
yearly
renewed
,
5
&
6
Ed.
●
.
14.
5
El.
c.
12.
Lam.
610.
Vide
Badgers
.
Linnen
cloth
.
He
that
causeth
to
be
used
any
racking
,
beating
,
or
casting
any
deceitful
liquor
,
or
other
means
on
any
kind
of
linen
cloth
,
whereby
it
becometh
deceitful
,
or
the
worse
for
use
,
forseiteth
such
cloth
,
&
is
to
have
imprisonment
for
a
month
at
the
least
,
and
to
be
fined
according
to
the
Justices
discretion
,
1
Eliz.
12.
Cro.
90.
a.
Lying
in
a
way
,
vide
Way-lying
.
.
Log-wood
,
alias
Block-wood
.
Suspected
to
have
offended
against
the
statute
for
Log-wood
,
upon
information
to
a
Justice
of
Peace
,
the
suspect
,
or
his
servant
or
work-man
may
be
called
by
warrant
,
and
examined
by
oath
or
otherwise
,
to
disclose
the
offence
;
and
the
offence
being
discovered
,
the
offender
and
the
examinates
shall
be
bound
over
to
the
next
Goal-delivery
or
Quarter
Sessions
,
and
there
be
judged
to
forfeit
twenty
pounds
,
and
Pillory
one
or
more
market-daies
,
or
upon
refusal
to
be
bound
to
be
committed
to
the
Goal
till
he
will
be
bound
,
39
El.
c.
11.
Lam.
613.
Dal.
48.
Any
two
Justices
of
the
Peace
,
where
any
Log-wood
shall
be
found
,
in
whose
hands
soever
it
shall
be
,
may
cause
the
same
to
be
burned
,
23
El.
c.
9.
Dal.
48.
Cro.
198.
b.
Long
bows
.
Any
above
the
age
of
24
years
shooting
at
standing
pricks
under
eleven-score
yards
with
any
prick
,
shaft
or
flight
,
loseth
six
shillings
eight
pence
,
33
H.
8.
c.
9.
Lam.
481.
Masons
.
THe
causing
of
masons
to
congregate
themselves
in
chapters
,
is
felony
,
Lam.
227.
3
H.
6.
c.
1.
Mainprise
,
vide
Bailment
.
.
Maintainers
and
Embracers
,
Maintainers
and
embracers
of
a
Jury
enquiring
of
a
riot
,
forfeit
twenty
pounds
,
and
to
be
committed
to
prison
,
and
to
remain
according
to
the
discretion
of
the
Justices
,
19.
H.
7.
c.
13.
The
Justices
which
shall
sit
upon
the
inquisition
of
riots
with
the
Sheriff
or
Under-sheriff
,
ought
to
certifie
the
names
of
the
maintainers
and
embracers
of
a
Jury
,
with
their
misdemeanours
which
they
know
,
by
which
the
truth
of
the
said
riot
is
not
found
,
upon
pain
of
20
pound
for
every
one
that
hath
not
a
reasonable
excuse
,
19
H.
7.
c.
13.
Cro.
199.
Maintainers
of
quarrels
and
embracers
of
Jurors
are
to
be
imprisoned
,
and
bound
to
the
good
abearing
,
33
H.
8.
c.
10.
37
H.
8.
c.
7.
Lam.
440.
Maintenance
is
where
any
man
giveth
or
delivereth
to
another
that
is
plaintiff
or
defendant
in
any
action
,
any
thing
to
maintain
his
plea
,
or
else
maketh
extreme
labour
for
him
where
he
hath
nothing
to
do
therewith
,
Terms
of
the
Law
.
Embracer
is
he
that
when
a
matter
is
in
trial
between
party
and
party
,
cometh
to
the
barre
with
one
of
the
parties
,
having
received
some
reward
so
to
do
,
and
speaketh
in
the
case
,
privily
laboureth
the
Jury
,
or
standeth
there
to
survey
or
overlook
them
,
thereby
to
put
them
in
fear
and
doubt
of
the
matter
;
but
men
learned
in
the
law
may
speak
in
the
case
of
their
Clients
,
Terms
of
the
Law
.
Maim
.
He
that
hath
maimed
another
of
any
member
,
whereby
he
is
less
able
to
fight
,
as
if
a
bone
be
taken
out
of
the
head
,
or
a
bone
broken
in
any
part
of
the
body
,
or
foot
or
hand
,
or
finger
,
or
joynt
,
or
if
a
foot
or
any
member
be
cut
,
or
by
some
wound
the
sinews
be
made
shrink
,
or
other
member
,
or
the
fingers
made
crooked
,
or
if
any
eie
be
put
out
,
or
the
fore-teeth
broken
or
beat
out
,
or
any
other
thing
be
hurt
in
a
mans
body
,
by
means
whereof
he
is
made
the
less
fit
to
defend
himselfe
,
or
offend
his
enemy
,
he
and
his
accessaries
shall
be
grievously
fined
,
Lam.
429.
Terms
of
Law
.
Justices
of
Peace
cannot
upon
an
endictment
of
maim
,
make
the
trial
by
their
own
view
and
inspection
,
as
the
Justices
of
the
Kings
Bench
may
do
,
Lam.
532.
If
Justices
of
Peace
stand
in
doubt
whether
the
hurt
be
a
maim
or
not
,
they
may
use
the
help
and
opinion
of
some
skilfull
Chirurgeon
to
consider
thereof
,
Terms
of
Law
.
Indictment
of
maim
Must
be
felonicè
m●kemavit
,
Cro.
101.
a.
nu.
3.
Malt.
If
any
Bailiff
or
Constable
of
any
borough
of
other
town
shall
finde
any
malt
made
contrary
to
the
Statute
,
2
&
3
E.
6.
16.
&
27
Eliz.
14.
then
with
the
advice
of
any
Justice
of
the
Peace
within
the
shire
,
he
shall
cause
the
same
to
be
sold
to
such
persons
,
and
at
such
reasonable
prices
under
the
common
price
of
the
Market
,
as
to
their
discretion
shall
seem
convenient
,
Lam.
202.
Dal.
86.
21.
Jac.
c.
28.
Any
two
Justices
of
Peace
may
duely
convict
by
two
witnesses
,
or
by
the
parties
confession
,
any
person
that
shall
disobey
the
restraint
of
malting
made
in
open
Q.
Sessions
,
and
shall
committ
him
to
prison
without
bail
or
mainprise
for
three
daies
,
until
he
become
bound
in
forty
pound
to
perform
such
restraint
,
39
El.
cap.
16.
Lam.
332
,
202.
Dal.
●6
.
The
Justices
of
Peace
or
the
greater
part
of
●hem
,
may
in
open
Quarter
Sessions
restrain
●he
converting
of
barly
into
malt
,
39
El.
c.
●6
.
Lam.
613.
Dal.
86.
Malt
must
be
three
weeks
in
the
fat
,
on
the
●oor
steeping
and
drying
,
except
in
June
,
●uly
,
August
,
and
then
17
daies
,
or
lose
20
●ence
for
every
quarter
,
Lam.
451.
Dal.
●7
.
No
insufficient
malt
mingled
with
good
●alt
must
be
put
to
sale
,
2
&
3
E.
6.
c.
16.
&
●7
El.
c.
4.
Lam.
452.
Dal.
87.
No
malt
shall
be
put
to
sale
that
is
insufficintly
trodden
,
and
out
of
which
for
every
●arter
hath
not
been
fanned
one
peek
of
●●st
,
ibid.
Manslaughter
,
vide
Homicide
.
.
Mariner
.
Mariner
coming
from
beyond
the
seas
,
or
●ea-faring
man
having
suffered
shipwrack
,
●d
in
want
,
may
be
licensed
by
the
next
Ju●ce
of
Peace
to
his
landing
,
to
ask
relief
●
his
journey
home-wards
,
39
Eliz.
4.
Lam.
●
3.
Dal.
127.
1
Jac.
c.
28.
No
fisher-man
to
be
taken
for
a
mariner
by
●
Kings
commission
,
unless
chosen
by
the
●o
next
Justices
to
the
place
where
he
is
to
taken
,
5
El.
5.
Lam.
359.
Dal.
87.
●ariner
departing
from
his
Captain
with●t
licence
,
or
wandring
idly
without
,
or
●●h
a
forged
licence
,
knowing
thereof
,
is
a
●on
,
39.
El.
17.
Lam.
227.
Any
poor
Mariner
or
Souldier
coming
from
beyond
the
seas
,
that
shall
repair
to
his
place
of
birth
,
&c.
and
cannot
there
get
work
,
two
Justices
of
the
Peace
next
adjoyning
may
take
order
to
set
him
to
work
,
and
for
want
of
work
tax
the
whole
Hundred
for
his
relief
,
till
sufficient
work
may
be
had
,
39
El
,
c.
17.
Lam.
359.
Dal.
138.
Mariner
forging
a
Testimonial
,
or
carrying
the
same
knowing
it
to
be
forged
,
it
is
felony
,
Lam.
228.
Dal.
289.
39
El.
c.
4.
&c.
1●
.
1
Jac.
c.
7.
Mariner
landing
,
and
not
having
a
Testimonial
under
the
hand
of
some
Justice
of
Peace
neer
the
place
of
his
landing
,
setting
down
1.
the
time
and
place
of
his
landing
,
2.
the
place
to
which
he
should
pass
,
3.
and
the
time
for
his
travel
,
4.
or
exceeding
that
time
14
daies
,
it
is
felony
,
39
El.
c.
17.
Dal
▪
289.
Lam.
303.
But
if
he
have
such
a
Testimonial
,
and
pursue
the
same
,
he
may
ask
and
take
such
necessary
relief
as
shall
be
given
him
,
39
El.
c.
17.
Lam.
303.
Vide
Felony
by
Statute
.
Market-overt
.
He
that
is
owner
,
&c.
of
any
fair
or
market
where
horses
,
geldings
,
mares
,
or
foles
are
to
be
sold
,
and
doth
not
yearly
assign
one
open
place
where
the
said
horses
,
&c.
shall
be
sold
,
and
one
to
take
Toll
,
who
shall
continue
there
from
10
in
the
morning
until
sun-set
forfeiteth
40
shil
.
for
every
day
,
2
&
3
P.
M.
c.
4.
Cro.
91.
a.
Lam.
471.
To
alter
the
property
of
any
stranger
righ●
in
horses
and
all
other
goods
,
they
are
to
●
sold
in
such
a
place
or
shop
as
is
commonly
used
for
selling
goods
of
the
same
kinde
,
Dal.
74.
Sale
in
fair
or
market
doth
not
take
away
●he
owners
property
,
the
buyer
knowing
that
●t
was
anothers
,
Dal.
74.
Vide
Horses
.
Marriage
.
If
any
married
person
marrieth
another
,
●he
former
wife
or
husband
being
alive
,
●xcept
the
husband
or
wife
have
been
be●ond
the
seas
seven
years
together
,
or
hath
●een
absent
within
the
Kings
Dominions
●even
years
together
,
the
one
not
knowing
●he
other
to
be
alive
,
or
was
at
such
mar●iage
lawfully
divorced
,
or
the
former
mar●iage
by
sentence
Ecclesiastical
declared
to
●e
void
,
or
was
had
within
years
of
con●ent
,
it
is
felony
,
1
Jac.
11.
Lam.
421.
Dal.
289.
Cro.
52.
a.
without
corruption
of
●loud
,
loss
of
dower
,
or
dis-inheriting
any
●eir
.
Mass
.
To
sing
Mass
,
forfeiteth
200
marks
and
●
years
imprisonment
.
To
hear
it
,
forfeiteth
●00
marks
and
like
imprisonment
,
23
El.
c.
●am.
413.
For
the
discovery
of
any
who
hath
been
●
Mass
,
v●de
Jesuites
.
Master
,
v.
Servant
and
Labourers
.
.
Measure
,
vide
Weight
.
.
Messages
false
.
Two
Justices
of
Peace
one
being
of
the
Quorum
,
may
(
as
it
seemeth
)
bind
over
to
the
next
Q.
Sessions
any
suspected
of
getting
money
or
other
thing
by
false
tokens
or
counterfeited
letters
,
or
may
imprison
such
or
bail
them
to
the
next
Q.
Sessions
,
Dal.
47.
33
H.
8.
c.
1.
Vide
plus
Cozenage
.
Milch-Kine
,
vide
Calves
.
.
Minstrels
,
vide
Rogues
.
.
Misprision
.
Misprision
is
properly
,
where
one
knowet●
that
another
hath
committed
treason
or
felony
,
but
was
not
consenting
thereto
,
and
wi●●
not
discover
the
offender
to
the
King
or
hi●
Councel
,
or
to
some
magistrate
,
but
conceal●
the
offence
,
Dal.
234.
Stam.
37.
Terms
●●
Law
,
131.
A
Chaplain
fixed
an
old
seal
to
a
new
Patent
of
non
residency
,
it
was
holden
misprision
of
Treason
,
Terms
of
Law
ibid.
Dal.
229
▪
Knowing
money
to
be
counterfeit
,
an●
bringing
it
out
of
Ireland
into
England
,
an●
uttering
it
in
paiment
,
is
misprison
of
tre●son
,
Terms
of
Law
ibid.
Cro.
44.
b.
Stamf.
3●
3
H.
7.
10.
For
misprision
of
felony
he
shall
onely
b●
fined
,
Dal.
234.
Terms
of
Law
,
ibid.
Cro.
44.
●
Misprison
of
Treason
.
To
draw
a
sword
,
or
strike
a
Justice
sitti●●
in
place
of
Judgement
,
Dal.
231.
To
strike
a
Jurior
in
presence
of
the
Ju●●ice
sitting
in
place
of
Judgement
,
Dal.
ibid.
To
strike
one
in
Westminster-Hall
,
any
of
●he
Kings
Courts
sitting
,
Dal.
ibid.
In
all
which
cases
the
offender
shall
lose
his
●ight
hand
,
and
shall
have
judgement
as
in
mis●rision
of
Treason
,
Dal.
234.
A
stranger
rescuing
one
arrested
by
a
Ju●ice
upon
an
affray
sitting
in
place
of
Ju●●ice
,
whereby
he
escapeth
,
it
is
misprision
●f
Treason
,
Dal.
231.
For
offenders
in
high
Treason
,
misprision
●f
Treason
,
Praemunire
,
though
Justice
of
●eace
cannot
meddle
in
the
very
point
of
●he
offence
,
yet
upon
complaint
to
a
Justice
●f
●eace
,
or
other
knowledge
,
he
ought
to
●ause
the
party
to
be
apprehended
,
and
joyn●ng
with
some
other
Justice
of
Peace
,
to
take
●he
offenders
examination
and
information
●pon
oath
of
such
as
bring
them
,
or
other
that
●an
prove
any
thing
material
,
and
put
it
in
●riting
under
the
hands
of
the
informers
,
●nd
commit
the
offenders
to
Goal
,
and
●ind
over
those
which
prove
any
thing
ma●●rial
to
appear
before
the
Lords
of
the
Coun●el
,
or
elsewhere
to
give
evidence
upon
rea●onable
warning
,
and
to
certifie
their
doings
●●
some
of
the
Lords
of
the
Councel
or
else●here
.
Dal.
23●
.
Willingly
to
aid
and
maintain
,
or
knowing
●ch
as
have
absolved
,
perswaded
,
or
with●rawn
any
within
the
Kings
dominions
from
●eir
obedience
,
or
Rel●gion
now
established
,
●r
the
Romish
Religion
,
or
moved
them
to
●ield
obedience
to
any
other
estate
,
or
●ractised
to
do
any
of
them
,
and
doth
not
within
20
daies
disclose
it
to
some
Justice
of
the
Peace
,
or
higher
officer
,
it
is
misprision
of
treason
,
23
El.
c.
1.
Lam.
412.
Within
six
weeks
after
any
Bull
or
other
instrument
of
reconciliation
hath
been
offered
,
not
to
reveal
it
to
some
of
the
privy
Councel
,
or
Presidents
of
the
North
,
or
Wales
,
is
misprison
of
treason
,
23
El.
cap.
1
Lam.
413.
Misprision
of
Felony
.
He
that
seeth
one
killed
by
another
,
or
robed
,
or
any
other
felony
committed
,
and
is
not
of
their
confederacy
,
and
doth
not
make
resistance
,
or
disturb
the
felon
,
or
levy
hue
and
cry
,
but
conceal
the
same
,
it
is
misprision
of
felony
,
and
fineable
,
14
H.
7.
c.
31
,
Cro.
44.
Dal.
296.
A
man
foreknoweth
of
a
felony
to
be
done
,
and
concealeth
it
,
&
it
is
effected
;
it
is
misprision
of
felony
,
quaere
Cro.
41.
b.
nu.
5.
Dal.
298.
Every
treason
or
felony
doth
include
misprision
,
so
that
where
any
hath
committed
treason
or
felony
,
the
King
may
cause
the
offender
to
be
indicted
and
arraigned
but
of
misprision
,
Cro.
44.
b.
Dal.
234.
Stamf.
37.
d.
Mitigation
of
fines
and
forfeitures
vide
Lamb
577.
.
Mittimus
.
Mittimus
must
contain
the
names
of
the
parties
,
their
offences
,
and
time
of
impisonment
,
that
it
may
appear
whether
the
prisoner
be
bailable
or
not
,
Lam.
297.
Cro.
153.
a.
nu.
11.
Dal.
315
,
396.
If
one
be
committed
without
bail
or
mainprise
,
and
the
cause
is
expressed
in
the
Mittitimus
,
and
yet
is
bailable
,
other
Justices
of
●he
Peace
may
bail
him
:
yet
Quaere
,
seeing
their
authority
is
equal
,
Dal.
315.
The
form
of
the
Mi●timus
.
To
send
felons
to
the
Goal
,
Lam.
220.
Dal.
494.
To
send
rioters
to
the
Goal
,
Lam.
321
To
send
shooters
in
peeces
,
Lam.
297.
Dal.
398.
To
send
upon
forcible
entry
,
&c.
Lam.
150.
To
send
to
the
house
of
Correction
,
Dal.
396.
To
send
an
Ale-seller
without
licence
,
Dal.
387.
To
send
a
reputed
father
of
a
bastard
,
Dal.
392.
Monasteries
,
v.
Religious
houses
.
.
Mortuaries
.
Spiritual
person
not
to
take
mortuaries
or
any
thing
for
them
,
where
they
have
not
been
used
to
be
payed
,
or
where
the
goods
of
the
dead
are
under
ten
marks
;
taking
above
3
shill.
4
pence
where
the
goods
are
under
30
pound
,
or
above
6
shill.
8
pence
where
they
are
above
30
pound
and
under
40
li.
or
above
ten
shill.
where
they
are
above
40
li.
he
shall
forfeit
all
taken
above
his
due
,
and
40
shill
to
the
party
grieved
,
21
H.
8.
c.
6.
Lam.
435
,
436.
Multiplication
of
gold
and
silver
.
To
practise
the
art
of
multiplication
of
gold
and
silver
,
is
felony
,
5
H.
4.
c.
4
,
Lam.
227
,
425.
Murder
.
Murder
is
when
one
man
upon
malice
pretended
,
prepensed
,
or
precedent
,
doth
kill
another
feloniously
that
liveth
within
the
Realm
,
or
under
the
protection
of
the
King
,
whether
it
be
openly
or
privately
,
and
whether
the
party
slain
be
English
or
alien
,
Lam.
237.
Cro.
21.
a
nu.
1.
Dal.
241
,
239.
The
killing
shall
have
relation
to
the
death
and
not
to
the
stroke
,
Cook
4.
42.
Cro.
2●
.
a.
nu.
●
.
Malice
is
-
Expressed
,
Cro.
21.
a.
Dal.
24●
.
or
-
Implied
,
Lam.
239.
Malice
is
Expressed
,
or
Implied
,
Malice
expressed
is
when
it
is
known
that
there
is
malice
between
them
,
Cro.
21.
a.
and
is
apparent
,
and
where
there
is
a
precedent
falling
out
or
lying
in
wait
,
or
time
and
place
appointed
,
Dal.
241.
Lam.
238.
Malice
implied
is
when
one
is
killed
suddenly
without
defence
,
Dal.
241
Cro.
21.
a
nu.
2
As
where
one
killeth
another
without
provocation
,
Lam.
239.
Dal.
241.
One
busied
,
as
reading
,
going
over
a
stile
,
&c.
killed
,
Cro.
27.
a.
nu.
20.
Dal.
241.
One
stabbed
,
not
having
weapon
drawn
,
1
Jac.
c.
8.
To
kill
an
officer
known
,
in
executing
process
,
Dal.
ib●d
.
To
kill
an
unknown
officer
if
he
shew
his
warrant
;
and
if
an
officer
hath
the
Kings
writ
or
lawful
warrant
,
though
it
be
errone●us
,
and
slain
in
executing
it
,
it
is
murder
,
●am.
240.
Dal.
241.
To
kill
any
magistrate
or
minister
of
Ju●●ice
in
executing
his
office
,
or
in
keeping
the
●eace
,
Dal.
242.
Cro.
25.
b.
nu.
51.
A
rioter
killeth
an
officer
or
an
assistant
●oming
to
suppress
a
riot
,
it
is
murder
in
●ll
the
rioters
,
Cro.
23.
b.
nu.
28.
Lam.
241.
Dal.
242.
A
Constable
parting
an
affray
,
or
any
of
●is
company
coming
to
aid
him
,
although
●
was
suddenly
and
in
the
night
,
Cro.
25.
a.
●u
.
51.
Dal.
241.
A
thief
killing
a
true
man
in
resisting
,
it
is
●urder
of
malice
prepensed
,
Lam.
241.
Dal.
●41
.
Cro
22.
a.
nu.
13.
1
A
man
carried
his
sick
father
into
the
●rost
,
whereby
he
died
Lam.
240.
Dal.
242.
2
An
harlot
hid
her
child
,
and
covered
it
with
leaves
,
and
a
Kite
struck
it
and
killed
●t
,
Dal.
242.
Lam.
240.
3
The
owner
knoweth
his
beast
to
be
ac●ustomed
to
hurt
,
and
doth
not
tie
him
up
,
●nd
after
the
beast
killeth
a
man
,
Lam.
239.
Dal.
242.
In
these
three
cases
,
voluntas
reputabitur
profacto
,
for
it
sheweth
that
they
had
a
will
to
hurt
,
and
the
will
doth
amount
to
mulice
,
Dal.
ib.
and
so
to
murder
.
One
having
malice
against
another
,
assaulteth
that
other
,
and
after
flyeth
to
the
wall
,
and
then
killeth
that
other
;
it
is
murder
,
for
he
slew
him
in
the
said
malice
▪
wherein
he
did
assault
him
,
Lam.
239.
One
condemned
to
die
is
killed
by
a
private
person
without
warrant
,
or
by
the
Officer
contrary
to
the
judgement
;
it
is
murder
,
Lam.
240.
Prisoner
killed
by
his
Goaler
by
over-hard
keeping
,
it
is
murder
,
Lam.
240.
One
commandeth
his
servant
to
beat
a
man
,
who
beateth
him
so
that
he
dieth
thereof
;
it
is
murder
in
the
commander
,
Dal.
245.
murder
in
both
,
if
it
be
in
the
commanders
presence
,
Lam.
241.
Many
come
to
doe
an
unlawful
act
,
and
one
in
doint
thereof
killeth
a
man
;
it
is
murder
in
all
,
although
they
did
but
look
on
,
Dal.
245
,
253.
Cro.
22.
a.
nu.
10.
24.
b.
nu.
43.
Lam.
241.
Stam.
40.
If
they
be
not
present
,
yet
if
they
be
in
the
same
house
or
upon
the
same
ground
it
is
murder
in
all
,
Dal.
245.
Cro.
25.
●
.
nu
5.
Lam.
241.
All
present
and
aiding
,
abetting
or
comforting
another
to
do
murder
,
are
principals
,
Dal.
245.
Lam.
243.
Cro.
22.
a.
nu.
15.
Two
appoint
the
field
,
and
meet
,
and
bring
company
with
them
,
and
one
of
them
is
slain
;
it
is
murder
in
all
that
came
with
the
murderer
,
Dal.
245.
Murder
is
intended
to
one
,
and
he
killeth
another
,
it
is
murder
,
Lam.
243.
Dal.
244.
A.
woundeth
B.
in
fight
,
and
after
they
meet
suddenly
and
fight
;
if
B.
kill
A.
it
is
murder
,
for
it
is
intended
malice
upon
the
former
hurt
;
but
if
A.
kill
B.
it
is
but
manslaughter
,
for
the
hurt
did
appease
his
former
malice
,
Lam.
251
,
238.
Dal
243.
Two
in
suit
meet
and
quarrel
,
and
the
defendant
killeth
the
plaintiff
;
quaere
if
it
be
murder
.
Dal.
244.
Two
fight
upon
malice
,
and
one
of
them
killeth
one
that
came
to
part
them
;
it
is
mur●er
in
both
,
Dal.
244.
Lam.
242.
The
owner
rebuked
one
stealing
his
pears
,
●ho
killed
the
owner
;
it
was
adjudged
mur●er
,
D●l
.
245.
Lam.
241.
Cro.
24.
a.
nu.
34.
Porsoning
of
another
wilfully
whereby
he
●eth
,
is
and
was
murder
by
the
common
●●w
,
Dal.
244.
The
party
poisoned
must
die
within
a
year
●nd
a
day
after
the
receiving
of
the
poison
,
●al.
246.
After
the
beating
or
hurting
another
,
to
●ake
murder
,
or
other
homicide
,
the
year
●nd
the
day
is
reckoned
from
the
stroke
gi●en
,
Dal.
246.
Cro.
23.
b.
nu.
54.
An
appeal
hath
relation
to
the
death
,
ibid.
A
●oman
delivered
of
a
bastard
,
endeavou●ing
privately
either
by
drowning
or
by
se●ret
burying
to
conceal
the
death
thereof
,
as
●hat
it
may
not
come
to
light
,
whether
it
●ere
born
alive
or
dead
,
but
be
concealed
,
●hall
suffer
death
as
in
case
of
murder
,
except
●e
make
proof
by
one
witness
that
the
child
●as
born
dead
,
21
Jac.
c.
27.
Justices
of
Peace
may
take
Endictment●
of
●urder
as
of
murder
,
Lam.
493.
A
man
hath
a
hor●e
that
will
strike
such
as
come
near
him
,
his
master
knowing
it
,
rideth
among
people
,
the
horse
killeth
a
man
,
it
is
felony
in
the
master
,
Dal.
242.
Lam.
239.
Cro.
24.
b.
nu.
45.
Indictment
of
murder
must
expresly
have
murdravit
,
for
ex
malitia
praecogitata
,
&
voluntate
,
&
felonicè
interfecit
,
is
not
sufficient
,
Cro.
101.
a.
nu.
4.
Musters
.
Convicted
before
the
Justices
of
Peace
●●
offence
against
the
Statute
of
musters
,
shal●
be
imprisoned
10
daies
without
bail
,
unless
●e
pay
the
forfeiture
being
40
s.
which
is
see
absence
without
reasonable
excuse
,
or
not
shewing
his
best
furniture
being
commanded
,
4
&
5
P.
&
M.
c.
3.
Lam.
349
,
482.
The
party
that
sueth
upon
the
Statute
of
musters
,
is
to
recover
the
forfeiture
belonging
unto
him
,
by
action
,
or
bill
of
debt
,
ibid.
L●●
.
583.
Pardon
.
AT
the
Common
Law
before
the
statute
of
13
R.
2.
stat.
2.
c.
1.
a
pardon
of
all
selonies
was
good
for
murders
,
and
so
for
pety
treasons
,
Lam.
561.
Pardon
of
all
felonies
is
not
good
for
murder
or
pety
treason
,
except
the
pardon
be
with
a
non
obstánte
,
or
that
murder
be
therein
expresly
mentioned
,
Dal.
246.
Cro.
21.
b.
nu.
7.
But
it
is
good
for
accessaries
,
both
before
and
after
.
A
pardon
of
all
felonies
will
not
discharge
a
man
that
is
attainted
of
felony
,
except
the
execution
and
attainder
be
pardoned
,
Cro.
115.
a.
nu.
1.
Lam.
562.
Dal.
245.
Breaker
of
the
peace
after
the
pardon
,
forfeiteth
the
pardon
,
and
may
be
hanged
notwithstanding
his
pardon
,
Cro.
115.
b.
nu.
16.
Dal.
247
The
King
only
can
pardon
treason
,
murder
,
or
other
felony
,
or
any
accessary
thereto
,
Dal.
247.
General
pardon
is
that
which
is
given
by
act
of
Parliament
to
all
men
,
of
which
the
Court
ought
of
duty
to
give
allowance
,
though
the
party
will
not
plead
it
nor
accept
the
benefit
thereof
,
Lam.
559.
560.
Cro.
115.
b.
nu.
13.
Pardon
of
abjuration
is
not
good
without
special
words
of
abjuration
,
Lamb.
562.
Quaere
if
a
general
pardon
for
pety
trea●on
availe
him
that
is
indicted
of
murder
,
●ithout
the
word
proditoriè
,
Lam.
560.
A
general
pardon
(
coming
betwixt
the
●roke
and
the
death
)
of
all
misdemeanors
,
●ill
avail
for
the
death
,
Lam.
560.
Quaere
if
a
pardon
of
all
offences
(
except
persons
outlawed
of
murder
)
will
avail
one
that
hath
committed
manslaughter
,
and
yet
●●dicted
and
outlawed
of
murder
,
and
after
●e
pardon
reverseth
the
outlawry
,
Lam.
60.
Cro.
116.
b.
nu.
17.
Pardon
of
attainder
and
execution
for
fe●ony
is
not
good
for
felony
,
without
words
to
●
pardon
the
felony
it self
,
Lam.
562.
Pardon
of
a
Goaler
for
escapes
of
felony
●nd
traitors
,
is
not
good
for
voluntary
●scapes
,
Lam.
562.
Pardon
of
two
for
all
felonies
done
by
●hem
,
or
either
of
them
,
will
not
serve
for
of●ences
done
by
one
of
them
alone
,
Lam.
562.
Pardon
must
agree
with
the
indictment
in
name
and
addition
of
the
party
,
and
nature
of
the
offence
;
for
a
pardon
of
all
felonies
is
not
good
for
pety
treason
,
murder
,
nor
for
one
attainted
of
felony
,
Lam.
561.
A
special
pardon
ought
to
be
pleaded
under
the
great
Seal
,
and
a
writ
of
allowance
brought
with
it
,
testifying
he
hath
found
surety
for
the
good
behaviour
,
unless
there
be
a
dispensation
by
non
obstante
,
Lam.
561.
Prisoner
pleadeth
a
pardon
,
Justice
of
Peace
in
absence
of
the
Kings
attorney
may
joyn
issue
that
he
is
one
of
the
persons
excepted
,
Lam.
540.
Stam.
103.
He
that
killeth
another
se
defendendo
,
needs
not
sue
to
the
King
for
a
pardon
,
Stam.
15.
●
.
Lam.
253.
He
that
killeth
one
by
misadventure
,
shall
have
a
pardon
of
course
without
suit
,
S●●●
.
16.
Stat.
of
Glo.
c.
9.
in
both
cases
the
goo●●
are
forfeited
.
The
manner
of
suing
a
pardon
of
course
i●
,
If
they
desire
to
purchase
their
pardon
,
they
must
upon
their
trial
plead
not
guilty
,
and
then
the
special
matter
being
found
by
verdict
,
they
shall
be
bailed
,
then
they
mu●●
sue
forth
a
Certiorari
to
certifie
the
record
●●
the
Lord
Chancellour
,
who
shall
make
the●
a
pardon
of
course
under
the
great
seal
without
suing
to
the
King
,
Stam.
15.
Dal.
250.
Park
and
Parker
.
Hunters
or
killers
of
any
Deer
or
Conies
●●
the
night
or
day-time
in
any
park
or
warren
,
or
in
any
other
inclosed
grounds
,
and
being
thereof
lawfully
convicted
,
every
such
offender
shall
suffer
three
months
imprisonment
,
and
find
sufficient
surety
for
the
go●d
behaviour
for
the
space
of
seven
years
,
or
els●
continue
in
prison
till
he
find
such
sureties
for
the
space
of
seven
years
,
and
pay
trebble
damages
,
or
(
if
it
be
for
deer
)
10
li.
to
the
party
grieved
,
at
his
election
,
5
El.
c.
21.
7
Jac.
c.
13.
Dal.
326.
Vide
Hunting
.
Parson
and
Vicar
,
vide
Ecclesiastical
causes
.
Every
Justice
of
P.
may
examine
offences
a●●inst
the
Statute
of
●3
Eliz.
cap.
10.
for
ta●●ng
of
partridges
and
phesants
in
the
night
,
and
binde
the
offenders
by
recognizance
with
good
surety
to
appear
at
the
next
Quarter
Sessions
,
&c.
And
after
conviction
and
punishment
take
bond
with
sureties
,
●hat
for
two
years
after
they
shall
not
offend
against
the
said
Statute
,
Dal.
87.
Lam.
200.
●23
El.
cap.
10.
By
1
Iac.
cap.
27.
1.
He
that
shall
shoot
at
,
●ill
,
or
destroy
with
any
gun
,
cross-bow
,
●one-bow
,
or
long-bow
,
any
partridge
,
phe●nt
,
house-dove
,
pigeon
,
heron
,
mallard
,
●uck
,
teal
,
wigeon
,
growse
,
heath-cock
,
●ore-game
,
or
any
such
fowl
,
or
hare
.
2.
Or
●hall
take
,
kill
or
destroy
any
partridge
,
phe●nt
,
house
dove
or
pigeon
with
setting-●ogges
and
nets
,
or
with
any
manner
of
nets
,
●ares
,
engines
or
instruments
.
3.
Or
shall
●ake
or
willingly
destroy
the
eggs
of
any
●hesant
,
partridge
,
or
swan
.
4.
Or
shall
●race
or
course
any
hare
in
the
snow
,
or
shall
●ake
or
destroy
any
hare
with
cords
or
such
●nstruments
.
5.
Or
shall
keep
any
grey●ound
for
deer
or
hare
,
or
setting
dogges
or
●e●s
to
take
Phesants
or
partridges
,
not
ha●ing
lands
of
inheritance
of
10
pound
,
or
30
●ound
per
annum
for
life
,
or
in
goods
200
●ound
,
or
be
the
son
of
a
Knight
,
or
son
●nd
heir
apparent
of
an
Esquire
:
any
of
the
●●id
offences
being
proved
by
the
parties
con●ession
,
or
oath
of
two
witnesses
before
any
●wo
Justices
of
Peace
of
the
County
where
●he
offence
shall
be
committed
,
or
the
party
apprehended
,
shall
be
imprisonmed
for
three
moneths
without
bail
,
unless
he
forth
with
upon
his
conviction
pay
to
the
use
of
th●
poor
there
20
shill.
for
every
hare
,
fowl
,
a●●
egge
,
and
40
shill.
for
having
every
such
greyhound
,
setting-dogge
,
or
nets
,
or
after
thr●●
months
imprisonment
be
bound
with
●●
sureties
not
to
offend
in
any
the
said
partic●lars
;
which
recognizances
taken
by
two
Justices
of
the
Peace
,
must
be
returned
at
the
Quarter
Sessions
,
1
Iac.
c.
27.
Dal.
89.
Lam.
33●
▪
By
7
Iac.
c.
11.
proof
of
one
witness
is
suff●cient
for
the
taking
of
partridges
and
phesan●
with
setting-dogges
and
nets
,
or
other
ne●●
snares
,
or
engines
,
&c.
the
punishment
as
●
Iac
27.
Lam.
334.
Killer
of
partridges
or
phesants
with
haw●●
or
dogs
,
by
colour
of
hawking
,
between
th●
first
of
July
and
the
last
of
August
,
upon
conviction
within
six
months
after
the
offenc●
by
the
confession
of
the
party
,
or
oath
of
two
witnesses
before
two
Justices
of
Peace
,
is
to
be
imprisoned
one
month
without
bail
;
unle●●
he
pay
presently
to
the
Church-wardens
an●
Overseers
of
the
poor
where
he
offended
o●
was
taken
,
40
shill.
for
hawking
,
and
twenty
shill.
for
every
partridge
or
phesant
taken
,
7
Iac
▪
cap.
11.
Lamb.
335.
Dal.
88.
Taking
of
phesants
or
partridges
upon
another
mans
ground
by
ne●s
or
otherwise
,
except
unwillingly
by
low-bel
or
trammel
,
and
there
to
let
them
go
again
,
loseth
20
shill.
●
phesant
,
and
10
shill.
a
partridge
,
11
H.
7.
c.
17.
&
23
El.
c.
10.
Lam.
447.
Hawking
in
corn
before
it
be
cropped
,
without
consent
of
the
owner
,
loseth
40
shill.
ibid.
Taker
,
killer
,
or
destroyer
,
by
guns
,
bows
,
●etting-dogs
,
nets
,
or
other
engines
,
of
any
●artridge
or
phesant
,
except
the
owner
of
a
Warren
,
Lord
of
a
Mannor
,
or
having
lands
of
●●heritance
in
his
own
or
his
wives
right
of
●he
clear
yearly
value
of
forty
pound
,
or
for
●●fe
of
eighty
pound
,
or
goods
worth
400
●ound
,
and
their
houshold-servants
authori●ed
by
them
within
their
own
grounds
in
the
●ay-time
onely
betwixt
Michaelmas
and
●hristmas
,
upon
conviction
within
six
weeks
●fter
the
offence
committed
,
by
confession
or
●ath
of
two
witnesses
before
two
Justices
of
●eace
next
the
place
of
offence
or
apprehen●●on
,
to
be
imprisoned
three
months
without
●●il
,
unless
he
pay
immediately
unto
the
●hurchwardens
and
Overseers
of
the
poor
●
one
of
the
said
places
,
20
shillings
,
and
be
●and
to
the
King
by
recognizance
in
twenty
●ound
never
to
offend
again
:
the
same
to
be
●●rtified
at
the
next
general
Quarter
Sessions
,
●
Jac.
c.
11.
Buyer
or
seller
of
hare
,
deer
,
partridge
,
or
●●esant
(
except
partridges
or
phesants
bred
●o
or
brought
up
from
beyond
the
seas
)
●●seth
for
every
deer
40
shill.
phesant
20
shill.
●●e
or
partridge
10
shill.
one
moiety
to
the
●ormer
,
the
other
to
the
poor
of
the
parish
,
●
Jac.
●
.
27.
Constable
by
warrant
from
two
Justices
of
●e
Peace
may
search
the
house●
of
any
not
●owed
,
suspected
to
have
any
setting
dogs
●nets
for
partridges
,
and
finding
them
may
●●ke
,
carry
away
,
detain
,
kill
,
or
cut
in
pi●ces
●y
of
them
,
7
Jac.
c.
11.
Offences
against
the
statute
of
1
Jac.
c.
27.
punished
by
it
,
are
not
to
be
punished
by
any
former
,
and
are
to
be
heard
and
determined
by
Judges
of
Assize
in
their
Circuit
,
Justices
of
Peace
at
Quarter
Sessions
,
or
two
Justices
of
the
Peace
out
of
the
Sessions
,
1
Jac.
27.
Who
may
take
partridges
and
phesan●●
in
their
own
ground
,
and
when
,
Vide
7
Jac.
cap.
11.
Peace
.
Every
private
person
that
shall
be
present
a●
any
affray
,
assault
,
or
battery
,
ought
to
pa●
them
that
fight
;
and
if
he
take
hurt
,
he
sh●●
have
his
action
:
but
if
they
resist
him
,
●●
may
not
hurt
them
,
Lam.
131.
Dal.
33.
Every
man
may
stay
the
affrayers
,
till
the●
heat
be
cooled
,
and
then
they
may
deliv●●
them
to
the
Constable
to
imprison
them
●●
they
find
sureties
of
the
Peace
;
but
they
●●
not
imprison
them
unless
the
one
of
them
●
in
peril
of
death
by
some
hurt
,
for
then
a●
man
may
carry
the
other
to
the
Goal
till
●
be
known
whether
the
other
will
live
or
di●
Lam.
131.
Dal.
33.
Br.
Cro.
225.
He
which
hath
mortally
hurt
another
,
flie●
into
anothers
house
,
any
man
that
pursue●
him
with
hue
and
cry
,
and
break
open
t●
house
,
enter
,
and
take
him
.
Dalt
.
saith
t●
Constable
may
,
Lam.
131
,
132.
Dal.
34.
If
an
affray
,
forcible
entry
,
or
a●
thing
in
disturbance
of
the
peace
be
do●
in
the
presence
of
a
Justice
of
Peace
,
●
may
record
it
,
and
certifie
the
same
,
a●
commit
the
parties
presently
,
Dal.
89.
V
▪
Affray
.
If
the
Justice
of
Peace
certifie
into
t●
Kings
Bench
that
I.
S.
hath
broken
the
peace
,
upon
that
Certificate
I.
S.
shall
be
there
fined
,
without
allowing
him
any
traverse
,
Dal.
89.
Peers
,
vide
Noble
personages
.
.
Pedlers
,
vide
Rogues
.
.
Perjury
.
Procuring
any
unlawfully
to
commit
wil●l
perjury
in
any
case
depending
in
Court
●f
Record
,
Leet
,
Court-Baron
,
Hundred-●ourt
or
ancient
demesn
,
or
hath
corruptly
●borned
any
witness
sworn
to
testifie
in
per●tuam
rei
memoriam
,
or
if
any
have
upon
such
●●ocurement
,
or
by
his
own
act
wilfully
com●itted
such
perjury
,
the
procurer
shall
for●it
40
li.
and
if
not
worth
so
much
,
half
a
●ars
imprisonment
without
bail
,
stand
upon
●e
pillory
for
one
hour
,
and
be
disabled
for
witness
for
ever
after
,
5
El.
c.
9.
&
14
El.
●
p.
11.
The
perjured
20
li.
and
six
months
impri●nment
,
and
ever
disabled
for
a
witness
;
and
not
worth
20
li.
to
have
his
ears
nailed
to
●e
pillory
,
5
El.
c.
9.
&
14
El.
c.
11.
&
1
ac
.
25.
Lam.
416.
Cr●
.
18.
a.
b.
This
offence
be
heard
and
determined
in
the
Quarter
●●ssions
,
Lam.
609.
●xecution
of
the
forfeiture
upon
the
statute
●
perjury
,
to
be
awarded
by
the
J.
of
the
P.
●●●ore
whom
the
conviction
was
,
Lam.
585.
Committing
of
perjury
upon
answer
to
●ill
of
complaint
is
not
within
the
statute
●
5
Eliz.
but
for
a
false
deposition
upon
examination
upon
interrogatories
,
Crom.
18.
b.
nu.
3.
If
any
give
false
evidence
upon
a
bill
of
endictment
at
the
Sessions
,
it
is
held
he
shall
not
be
punished
by
the
statute
of
5
Eliz.
f●●
that
the
King
is
not
named
in
the
said
stat.
Cro.
18.
b.
nu.
5.
If
an
officer
take
other
fees
then
are
allowed
and
incident
to
his
office
,
he
comm●tteth
perjury
,
Cro.
57.
b.
nu.
7.
A
man
is
attainted
of
perjury
,
the
Kin●
pardons
and
restores
him
.
Quaere
if
his
testimony
shall
be
allowed
against
a
prisoner
for
Once
forsworn
,
ever
forlorn
,
Cro.
100.
●
Dal.
305.
Petty-treason
.
The
wilful
killing
or
joyning
in
killing
o●
the
husband
by
the
wife
,
the
master
or
●●stres●
by
the
servant
,
the
Ordinary
by
h●
clark
,
is
petty-treason
,
25
E.
3.
c.
2.
Lam.
24●
246.
Dal.
236.
Cro.
19.
b.
nu.
1.
The
child
maliciously
killeth
the
father
●
mother
it
is
petty-treason
though
the
fath●●
or
mother
at
the
same
time
give
neith●●
meat
,
drink
,
nor
wages
to
the
said
chil●
but
it
is
petty
treason
in
the
said
child
in
●●spect
of
the
duty
of
nature
violated
,
Dal.
23
▪
Cro.
19.
b.
But
Lam.
saith
it
is
not
treason
●
the
child
,
if
the
father
give
it
not
meat
n●
drink
,
as
to
a
servant
,
Lam.
245.
and
do
th●
business
for
it
is
as
a
servant
.
21
E.
3.
17.
●●
formeistre
by
Lam.
opinion
.
The
son
or
daughter
in
l●w
kill
the
fath●●
or
mother
in
law
with
whom
they
dwe●●
and
do
service
,
and
have
meat
and
drink
;
●●
petty
treason
,
though
such
child
take
no
●ages
;
but
the
inditement
shall
be
by
the
●ame
of
servant
,
Dal.
237.
Judgement
in
petty-treason
is
,
a
man
is
to
●e
drawn
and
hanged
;
if
a
woman
,
both
in
●igh
treason
and
petty-treason
,
to
be
drawn
●nd
burned
,
Lam.
570.
Dal.
237.
The
forfeiture
for
petty-treason
is
,
the
King
●●all
have
all
his
goods
,
and
for
his
lands
●nnum
,
diem
,
&
vastum
,
and
the
escheat
●●ereof
shall
be
to
every
lord
of
his
proper
●e
,
Dal.
238.
No
clergy
is
allowed
in
case
of
petty-trea●●●
.
Dal.
237.
Physician
.
One
neither
Physician
nor
Chirurgion
ta●eth
upon
him
to
cure
a
sick
or
wounded
●an
,
who
dieth
under
his
hand
,
it
was
felony
●ntil
,
34
H.
8.
c.
8.
Lam.
240.
Dal.
243.
But
if
a
smith
or
other
having
skill
onely
●
curing
and
dressing
d●seases
of
horses
,
or
o●er
cattel
,
shall
take
upon
him
cutting
or
let●ng
blood
,
or
such
like
cure
of
a
man
,
●ho
dieth
thereof
,
it
seemeth
to
be
felony
,
●al.
243.
Pictures
brought
from
Rome
vide
Agnus
Dei
.
.
Plays
and
Players
,
vide
Unlawful
games
,
vide
Rogues
.
Head-officers
and
Justices
of
Peace
in
a
corporation
,
or
in
a
priviledged
place
,
or
two
of
them
,
may
set
a
weekly
tax
on
the
inhabitants
of
the
corporation
,
or
priviledged
place
,
or
liberties
thereof
,
for
the
reasonable
relief
of
persons
infected
,
or
dwelling
is
houses
infected
within
the
said
corporation
,
or
priviledged
place
,
1
Jac.
cap.
31.
Lam.
337.
Corporation
or
priviledged
place
not
being
able
to
relieve
the
persons
infected
therein
,
upon
certificate
of
the
head
officer
,
or
Justices
of
Peace
,
or
two
of
them
to
the
two
nex●
Just.
of
the
Peace
,
the
said
two
Justices
may
assess
and
tax
the
inhabitants
of
the
county
within
5
miles
of
the
corporation
at
a
weekly
tax
for
the
relief
of
them
,
1
Jac.
c.
31.
Lam.
337.
There
being
no
Justice
of
Peace
in
the
corporation
,
or
the
infection
being
in
a
hamlet
the
two
next
Justices
of
the
county
may
assess
the
inhabitants
of
the
county
within
five
miles
of
the
place
infected
,
for
th●
reasonable
relief
thereof
,
1
Iac.
c.
31.
Lam.
338.
The
taxes
,
upon
refusal
,
to
be
raised
by
warrant
of
the
head-officers
or
Justices
upon
the
goods
of
the
refuser
,
or
upon
defaul●
of
goods
returned
,
the
party
by
anothe●
warrant
to
be
imprisoned
,
till
he
make
payment
thereof
with
the
arrerages
,
1
Jac
▪
cap.
31.
Taxes
made
for
the
relief
of
places
infected
are
to
be
certified
at
the
next
Q.
Sessions
,
an●
there
to
be
continued
,
enlarged
,
or
extende●
to
other
parts
of
the
County
,
or
determine●
●●
the
greater
part
of
the
Justices
,
1
Iac.
c.
31.
●am.
609.
Taxes
levied
of
the
county
for
the
relief
of
●●
infected
corporation
,
are
to
be
disposed
by
●e
head-officer
and
Justices
of
the
corpora●on
,
or
two
of
them
;
and
if
there
be
no
Ju●ce
,
then
by
the
Justices
assessors
,
1
Iac.
●
p.
31.
Officers
negligent
in
levying
of
the
taxes
,
●se
ten
shillings
to
be
employed
as
the
taxes
,
●
Iac.
c.
31.
Watchmen
not
to
be
impeached
for
hurt●g
those
infectious
persons
that
being
com●anded
to
keep
in
,
will
in
offering
to
come
●rth
resist
the
watchmen
,
1
Iac.
c.
31.
Any
infectious
person
commanded
to
keep
●●
,
goeth
abroad
and
keepeth
company
,
ha●ing
an
infectious
sore
uncured
,
it
is
felony
●ithout
corruption
of
blood
or
forfeiture
of
●oods
;
if
without
sore
,
to
be
punished
as
a
●agabond
by
39
El.
and
bound
to
his
good
●ehaviour
for
a
year
,
1
Iac.
c.
31.
Officers
of
a
corporation
and
Justice
of
the
●eace
in
the
county
,
may
respectively
ap●oint
,
swear
,
and
direct
searchers
,
watchers
,
●nd
buriers
of
infected
persons
and
places
,
●
Iac.
c.
31.
Lam.
197.
One
Justice
of
Peace
may
command
persons
dwelling
in
infected
houses
to
keep
in
:
and
,
if
they
go
abroad
,
violently
enforce
them
,
1
Iac.
c.
31.
Lam.
197.
Cro.
122.
b.
nu.
39.
Dal.
90.
Plaints
in
Court
.
One
Justice
of
Peace
may
upon
complaint
●xamine
the
Sheriff
or
Under
Sheriff
and
Plaintiff
concerning
the
taking
and
entring
of
plaints
in
their
County-Court
,
and
books
against
the
statute
,
or
any
Bailiff
of
the
Hundred
for
not
warning
the
defendant
in
such
a
plaint
according
to
his
precept
from
the
Sheriff
or
Under-Sheriff
;
and
if
he
thereby
find
them
faulty
,
that
shall
stand
for
a
sufficient
conviction
and
attainder
without
further
enquiry
or
examination
;
and
these
examination
▪
the
Justice
must
certifie
into
the
Exchequer
within
a
quarter
of
a
year
,
on
pain
of
forfeiture
of
40
shill
▪
for
every
default
,
11
H.
7.
15.
Lam.
201.
Dal.
137.
Sheriff
entring
plaints
in
any
mans
name
that
is
not
present
in
Court
,
nor
hath
any
sufficient
attorney
or
deputy
,
loseth
40
shill.
Lam.
431.
So
if
he
enter
more
plaints
then
the
plaintiff
supposeth
he
hath
cause
of
action
for
,
11.
H.
7.
c.
15.
Lam.
431.
Pond
and
Pond-heads
,
vide
Fish
.
.
Poisoning
,
vide
Murder
.
.
Pope
.
To
extol
the
power
of
the
●ope
by
writing
,
cyphering
,
printing
,
preaching
,
or
any
speech
,
open
deed
or
act
advisedly
holden
or
stood
with
,
to
extol
or
defend
the
power
of
the
Bishop
of
Rome
or
of
his
See
heretofore
claimed
and
usurped
within
this
Realm
,
or
to
abet
,
procure
,
counsel
aid
,
or
comfort
such
,
is
tre●son
,
for
the
second
offence
;
for
the
first
offence
,
Praemunire
,
Dal.
231.
Lam.
411.
●●
El.
c.
1.
Presentment
at
the
Quarter
Sessions
for
ex●olling
the
power
of
the
Pope
of
Rome
,
must
●e
certified
by
the
Justices
of
Peace
before
whom
it
was
taken
into
the
Kings
Bench
,
●ithin
40
daies
after
,
if
the
term
open
;
if
●ot
,
then
the
first
day
of
the
next
term
,
or
e●ery
Justice
lose
100
pound
,
5
El.
c.
1.
Popish
books
.
Printer
,
buyer
,
seller
,
or
bringer
from
be●ond
the
sea
of
any
Popish
primer
,
Lady-●alters
,
&c.
in
any
language
,
or
other
super●●itious
books
in
English
,
loseth
40
shill.
a
●ook
,
whereof
one
part
to
the
King
,
another
●o
the
informer
,
a
third
to
the
poor
of
the
pa●ish
where
the
book
shall
be
found
,
3
Ia.
c.
5.
Two
Justices
of
the
Peace
may
search
the
●ouse
or
lodging
of
a
popish
Recusant
,
or
●hose
wife
is
such
,
for
popish
books
and
re●ques
,
and
finding
any
unmeet
for
them
to
●se
,
must
deface
and
burn
them
,
or
being
of
●alue
deface
them
and
restore
them
to
the
●wner
,
3
Iac.
c.
5.
Poor
people
.
Traveller
with
wife
and
children
not
being
●rogne
,
dieth
or
runneth
away
,
the
Town
●here
that
happeneth
is
not
bound
to
keep
●hem
,
where
they
die
,
nor
send
them
away
,
●ut
only
in
char●ty
,
except
they
become
●andring
rogues
,
Lam.
208.
Resol.
7.
Parents
able
to
work
are
to
finde
their
chil●●en
by
their
labour
,
and
not
the
Parish
,
Re●●l
.
8.
None
is
to
be
removed
out
of
the
Town
where
he
dwelleth
,
or
sent
to
the
place
of
birth
or
last
habitation
,
but
a
vagrant
,
nor
found
by
the
Town
except
he
be
impotent
,
Resol.
9.
Persons
destitute
of
houses
by
expiration
of
term
,
or
servants
out
of
service
,
must
provide
houses
for
themselves
and
services
,
Resol
.
9.
Dal.
99.
Able
bodies
,
yet
idle
refusing
to
work
,
and
no
wanderers
,
are
not
to
be
sent
to
the
place
of
birth
or
last
habitation
,
but
to
the
house
of
correction
,
Resol.
10.
by
such
Justice
of
Peace
as
may
appoint
overseers
for
the
poor
,
43
El.
c.
2.
Lam.
209
,
&
295.
Dal.
99.
Able
bodies
,
yet
idle
and
refusing
to
work
▪
having
any
lawful
means
to
live
by
,
are
not
to
be
sent
to
the
house
of
correction
,
Resol
.
10.
Lam.
ibid.
Dal.
97.
It
is
fineable
to
remove
or
put
any
out
o●
the
parish
,
who
are
not
to
be
put
out
and
such
may
be
sent
back
,
Resol
.
11.
Dal.
98.
None
may
take
relief
at
any
mans
door
in
the
parish
,
but
by
the
appointment
of
the
overseers
nor
begge
in
the
high-waies
in
their
parish
,
Resol.
15.
Parsons
,
vicars
,
farmers
,
or
owners
of
impropriations
,
cole-mines
,
or
saleable
woods
,
are
to
be
charged
with
the
relief
of
the
poor
▪
Resol.
18
,
19.
Bishop
and
his
Chancellour
and
three
Justices
of
Peace
have
power
to
examine
how
money
for
the
relief
of
the
poor
appointed
by
the
statute
is
bestowed
,
and
to
call
to
account
the
detainers
thereof
,
14
Eliz.
c.
5.
&
39
Eliz.
c.
18.
Lam.
366.
Justice
of
Peace
proved
before
the
●udges
of
Assize
by
two
witnesses
to
be
in
default
about
the
execution
of
the
statute
for
the
poor
loseth
5
li.
14
El.
c.
5.
Lam.
372.
Parents
at
the
Q.
Sessions
appointed
to
keep
their
children
,
or
children
their
parents
,
and
have
not
relieved
them
at
their
own
charges
lose
20
shill.
a
moneth
,
Lam.
445.
39
El.
cap.
3
,
4.
In
disability
of
the
parish
or
hundred
to
relieve
the
poor
,
the
greater
part
of
the
Justices
at
the
Qu.
Sessions
may
rate
any
other
parish
or
hundred
thereto
,
39
El.
c.
3.
&
43.
El.
c.
2.
Lam.
611.
Beggars
children
at
the
Qu.
Sessions
may
be
bound
to
serve
any
subject
in
an
honest
calling
,
14
El.
c.
5.
&
18.
El.
c.
3.
Lam.
614.
Performance
,
or
not
performance
of
so
much
of
the
statute
of
14
El.
c.
5.
for
the
poor
as
is
not
altered
by
39
Eliz.
c.
3.
or
43.
El.
c.
2.
1
Iac.
c.
25.
is
to
be
yearly
examined
at
Faster
Sessions
,
Lam.
620.
Overplus
of
the
stock
for
maimed
souldiers
is
to
be
imployed
by
the
greater
part
of
the
Justices
at
the
Q.
Sessions
to
be
such
charitable
uses
as
are
set
down
in
the
statute
for
the
Poor
,
except
by
them
it
be
reserved
for
future
pension
,
43
El.
c.
3.
Young
children
the
parents
being
dead
,
are
to
be
set
on
work
and
relieved
by
the
Town
where
they
dwelled
at
the
death
of
their
parents
,
and
not
sent
to
the
place
of
their
birth
.
Dal.
96.
The
Justices
may
compel
such
as
be
of
ability
,
to
take
poor
children
apprentices
,
and
may
binde
such
masters
refusing
over
to
the
next
goal-delivery
:
so
said
Sir
Henry
Mountague
at
Cambridge
Assizes
1618.
and
the
statute
of
43
El.
c.
2.
seemeth
to
warrant
as
much
,
the
words
whereof
are
to
this
effect
:
It
shall
be
lawful
for
the
Churchwardens
and
Overseers
,
or
the
greater
part
of
them
,
by
the
assent
of
two
Just●ces
of
the
Peace
to
bind
any
such
children
to
be
apprentices
where
they
shall
see
convenient
cause
,
Dal.
93.
or
the
Churchwardens
or
Overseers
,
with
the
assent
of
two
such
Justices
,
may
impose
a
competent
summe
of
money
upon
such
refuser
for
putting
out
such
an
apprentice
,
and
upon
refusal
to
levy
it
upon
the
Justice
of
Peace
his
warrant
by
distress
and
sale
of
the
offenders
goods
,
Dal.
93.
If
the
Parents
without
good
cause
shewed
,
refuse
to
suffer
their
children
to
be
apprentices
,
the
Justices
may
binde
them
over
to
answer
their
contempt
;
if
the
child
refuse
,
send
him
to
the
house
of
correction
,
quousque
,
&c.
Dal.
93.
A
master
putteth
his
apprentice
into
apparel
,
he
cannot
take
it
away
though
he
part
with
the
apprentice
,
Dal.
96.
Two
Justices
of
Peace
,
one
being
of
the
Quorum
,
may
send
to
the
house
of
correction
or
gaol
such
as
imploy
not
themselves
in
work
being
appointed
,
43
El.
c.
2.
Possession
actual
and
in
Law
.
If
after
the
death
of
A.
another
man
abateth
or
entreth
into
his
house
forcibly
before
the
heir
of
A.
hath
gotten
any
actual
possession
indeed
,
the
heir
of
A.
shall
have
no
restitution
,
because
he
had
a
possession
in
law
onely
,
Lam.
153.
Dal.
217.
Information
of
ariot
is
a
sufficient
cause
to
●aise
the
power
of
the
county
,
though
indeed
●here
were
none
,
Lam.
315.
Dal.
114.
Cro.
62.
●
.
nu.
22.
&
64.
b.
nu.
49.
Power
of
the
county
is
raised
without
●nowledge
or
information
of
a
riot
;
if
when
●hey
come
they
finde
one
,
it
is
lawful
,
and
●hey
may
proceed
to
punish
it
,
Lam.
316.
Dal.
●14
.
Cro.
62.
b.
nu.
20.
Power
of
the
county
in
suppressing
a
riot
,
●
de
Riot
.
The
Justices
of
Peace
,
Sheriff
,
or
Unde●heriff
,
in
levying
power
of
the
County
,
may
●ave
the
aid
of
all
the
Knights
,
and
other
●emporal
men
under
that
degree
that
are
a●ove
the
age
of
15.
and
able
to
travel
,
upon
●ain
of
imprisonment
,
fine
,
and
ransome
to
●he
King
,
Dal.
113.
Lam.
315.
Cro.
157.
b.
But
it
●s
referred
to
the
discretion
of
the
Justices
how
●any
or
how
few
they
will
have
,
and
in
what
●ort
they
shall
be
armed
,
Dal.
113.
Lam.
315.
Cro.
64.
b.
nu.
49.
One
Justice
of
Peace
may
take
power
of
the
●ounty
,
to
suppress
rioters
,
and
need
not
tar●y
till
his
fellows
come
,
Cro.
157.
b.
Dal.
110.
Lam.
181.
Constable
may
take
the
aid
of
his
neighbour
to
arrest
another
upon
an
affray
,
Cro.
●58
.
a.
Lam.
134.
Sheriff
upon
a
writ
of
execution
returned
●hat
he
could
not
execute
it
for
resistance
,
and
was
amerced
20
marks
because
he
took
●ot
the
power
of
the
county
,
Cro.
158.
a.
Lam.
●57
.
Dal.
216.
Preacher
.
He
that
disturbeth
a
Preacher
of
purpose
maliciously
or
contemptuously
in
Sermon-time
,
is
to
be
bound
to
his
good
behaviour
have
three
months
imprisonment
,
Lam.
416.
1
M.
c.
3.
If
the
disturber
of
any
Preacher
be
arrested
and
brought
before
any
Justice
of
Peace
,
upo●
due
accusation
&
examination
heard
,
either
by
the
arrester
or
other
person
,
he
shall
forthwith
commit
the
party
so
taken
to
custody
by
his
discretion
;
and
within
six
daies
after
another
Justice
joyning
in
examination
,
the●
upon
confession
of
the
party
,
or
conviction
o●
two
witnesses
,
may
commit
him
to
prison
for
three
months
,
Lam.
195
,
333.
1
Mar.
c.
3.
Quaere
if
all
the
statute
of
1
Mar.
3.
be
no●
repealed
by
the
general
words
at
the
latte●
end
of
the
statute
1
Eliz.
c.
2.
Dalt
.
103
,
104.
Sir
Nich.
Hides
opinion
cited
that
it
was
wholly
repealed
.
Precept
,
vide
Warrant
.
.
Praemunire
.
Refusal
to
take
the
oath
of
the
Kings
supremacy
,
the
first
offence
is
praemunire
,
th●
second
treason
,
5
El.
c.
1.
Lam.
411.
23
El.
c.
1
▪
To
aid
,
comfort
,
or
maintain
one
that
hath
committed
treason
in
using
of
bulls
,
is
praem●nire
,
23
El.
c.
1.
Lam.
413.
Vide
Treason
.
To
hold
,
set
forth
,
or
defend
the
power
spiritual
of
any
forein
Prince
or
person
heretofore
claimed
,
used
,
or
usurped
within
th●
Kings
dominions
by
writing
,
printing
,
preaching
,
express
deed
or
act
maliciously
or
directly
,
or
to
put
in
use
or
execute
any
thing
to
that
end
,
the
first
offence
is
praemunire
,
the
second
treason
,
1
El.
c.
1.
&
5
El.
c.
1.
enquirable
by
words
of
23
El.
c.
1.
&
Lam.
411.
He
which
aideth
any
person
that
putteth
in
●ure
any
bull
,
writing
,
or
instrument
of
absolution
gotten
from
the
Bishop
or
See
of
Rome
,
&c.
to
the
intent
to
uphold
the
authority
of
the
See
of
Rome
,
incurreth
praemunire
,
13
El.
c.
2.
&
23
El.
c.
1.
Lam.
413.
To
bring
from
the
Bishop
or
See
of
Rome
,
or
any
claiming
authority
from
it
,
Agnus
Dei
,
crosses
,
pictures
,
beads
,
grains
,
or
such
like
superstitious
things
,
or
to
deliver
or
offer
them
,
or
cause
to
be
delivered
or
offered
to
any
of
the
Kings
subjects
to
use
or
wear
in
any
wise
,
or
receive
them
to
such
intent
,
and
not
to
apprehend
the
offender
,
or
within
three
daies
disclose
him
to
the
Ordinary
or
other
Justice
of
Peace
,
or
within
one
day
deliver
the
things
received
to
a
Justice
of
Peace
,
13
El.
c.
2.
&
23
El.
c.
1.
Lam.
414.
The
forfeiture
in
cases
of
Praemunire
upon
the
Statute
of
16
R.
2.
is
to
forfeit
his
lands
and
tenements
in
fee
for
ever
,
his
lands
in
tail
for
his
life
,
and
all
his
goods
and
chattels
,
and
to
have
a
perpetual
imprisonment
,
and
to
be
out
of
the
Kings
protection
,
Cro.
14.
a.
Dal.
234
,
235.
But
quaere
if
he
be
attainted
upon
27
of
E.
3.
1.
if
he
appear
at
the
day
of
the
praemunire
returned
,
Dal.
ibid.
Br.
Praemunire
6.
Coo.
11.
34.
Instit.
129.
&
130.
at
large
.
A
man
may
not
kill
him
which
is
attainted
in
the
praemunire
by
5
El.
c.
1.
but
before
he
might
,
for
they
were
out
of
the
Kings
protection
,
Cro.
15.
a.
b.
One
lawfully
imprisoned
untill
the
next
Sessions
,
for
refusing
the
oath
of
Allegeance
,
and
there
again
refusing
it
,
incurres
a
praemunire
,
except
married
women
,
who
are
onely
to
be
imprisoned
without
bail
,
3
Jac.
c.
4.
&
7
Jac.
cap.
6.
Just.
of
P.
not
disclosing
nor
certifying
within
14
daies
the
name
of
him
which
bringeth
any
Agnus
Dei
,
crosses
,
or
pictures
,
to
one
of
the
Kings
Councel
,
13
El.
c.
2.
is
pramunire
,
Lam.
195
,
372.
Broakers
of
bargains
contrary
to
the
statute
of
37
H.
8.
c.
9.
provided
against
usury
,
shall
be
punished
as
Councellors
,
Attorneys
or
Advocates
in
case
of
praemunire
,
39
El.
c.
18.
13
▪
El.
cap.
8.
Delivering
or
sending
any
relief
to
a
Jesuite
,
Priest
,
or
other
remaining
in
any
Colledge
of
Jesuites
,
incurreth
praemun●re
,
27
El●z
.
cap.
2.
Presentment
.
Presentment
is
a
declaration
of
the
Jurors
or
Officers
without
any
bill
offered
before
,
Lam.
485.
It
differeth
from
an
indictment
,
which
is
the
verdict
of
the
Jurors
that
be
charged
to
enquire
of
that
offence
which
is
offered
,
Lam.
486.
What
shall
be
a
good
Presentment
.
Presentment
at
a
Sessions
where
the
style
is
in
the
name
of
three
,
and
the
presentment
taken
by
two
,
Lam.
383.
Presentment
where
some
of
the
Jurors
be
●llied
or
of
blood
to
him
that
procureth
the
●ndictment
;
but
it
is
no
discretion
in
the
Ju●tices
to
suffer
such
to
be
impanelled
,
Lam.
●98
.
Presentment
of
a
Jury
of
an
hundred
,
of
an
offence
done
in
another
hundred
,
Lam.
399.
Constable
presents
a
fault
at
the
Sessions
which
belongeth
to
his
office
,
which
is
allowed
by
the
Enquest
,
it
is
good
:
otherwise
it
shall
not
serve
for
an
End●ctment
,
Cro.
25.
b.
Constables
,
Churchwardens
,
Aleconners
,
Sides
▪
men
,
may
present
all
offences
contrary
to
4
Jac.
c.
5.
Presentment
where
all
were
not
sworn
,
if
●he
Record
be
that
all
were
sworn
,
Lam.
●99
.
Where
the
declaration
of
the
Offi●ers
of
the
Sessions
shall
have
the
force
of
a
Presentment
.
A
Justice
of
Peace
upon
his
own
knowledge
of
offences
against
the
statute
of
2
&
3
P.
&
M.
c.
8.
&
5
El.
c.
13.
of
high-waies
,
Dal.
67.
Cro
125
b.
195.
a.
nu.
5.
Searchers
appointed
to
examine
the
true
making
of
tile
,
17
Ed.
4
c.
1.
Lam.
508.
Constable
for
sundry
points
in
the
statute
of
Winchester
,
13
Ed.
1.
Lam.
ibid.
Amendment
of
a
presentment
,
vide
V●nire
facias
.
Priests
,
vide
Jesuites
.
.
Principal
and
Accessary
,
vide
Accessary
.
Imprisonment
,
is
the
putting
of
a
person
from
his
liberty
unto
the
custody
of
the
Law
,
to
answer
to
that
which
shall
be
objected
,
Lamb.
228.
Dal.
343.
A
man
is
in
prison
so
long
as
he
is
in
sigh●
of
his
Gaoler
,
though
he
break
away
,
Dal.
276.
No
man
shall
commit
another
to
prison
,
except
he
be
a
Judge
of
Record
,
Dal.
344.
Constable
imprisoning
a
suspect
for
felony
;
may
lock
the
stocks
,
and
put
irons
on
him
,
and
in
conveying
him
to
the
Justice
or
gaol
,
may
pinion
him
,
or
otherwise
make
him
sure
that
he
cannot
escape
,
Dal.
350.
One
committed
to
prison
for
refusing
to
find
sureties
for
the
peace
,
shall
remain
there
till
he
freely
offer
and
find
them
,
Lam.
93.
Dal.
171.
One
committed
for
denying
to
find
sureties
for
the
peace
,
may
not
be
delivered
upon
the
death
or
release
of
the
party
,
without
help
of
the
Sessions
or
gaol-delivery
,
Lam.
93.
Quaere
.
One
was
imprisoned
till
he
made
fine
for
that
he
stood
by
whilest
one
was
slain
,
because
he
did
not
his
best
to
attach
the
murderer
,
Lam.
132.
The
Sheriff
or
gaoler
may
imprison
in
his
house
,
or
in
the
common
gaol
at
pleasure
,
Dal.
347.
Quaere
Cro
169.
b.
Lam.
133.
Constable
cannot
imprison
in
his
house
but
in
the
stocks
,
and
that
but
until
he
may
provide
convenient
aid
to
convey
him
to
the
Justice
of
Peace
or
to
the
Gaol
,
Dal.
348.
Lam.
133.
Just.
of
Peace
cannot
commit
felons
to
prisons
which
be
not
common
gaols
,
nor
make
gaol
of
their
own
houses
,
Lam.
133.
5
H.
4.
c.
●0
.
Cook
9.
119.
b.
23
H.
8.
c.
2.
Dal.
347.
Justice
of
Peace
may
commit
to
the
stocks
●ome
offenders
against
certain
penal
statutes
,
Dal.
347.
Breach
of
prison
is
the
escape
of
a
Felon
,
●hough
not
indicted
,
out
of
the
gaol
,
stocks
,
●r
possession
of
any
keeper
,
Lamb.
229.
Dal.
●75
.
One
imprisoned
upon
a
capias
pro
fine
is
to
●e
delivered
upon
payment
thereof
,
Lam.
574.
●r
upon
pledges
by
Recognizance
for
payment
thereof
,
Lamb.
ibid.
Prisoners
.
Every
one
who
is
under
arrest
for
felony
,
●s
a
prisoner
as
well
without
prison
,
as
in
the
●tocks
,
in
the
high-way
,
or
in
the
poss●ssion
of
him
that
arrested
or
hath
the
keeping
of
him
,
Dal.
275
,
343.
To
break
prison
is
felony
,
being
committed
for
felony
,
Lam.
228
,
424.
It
is
no
matter
whose
prison
is
broken
,
whether
the
Kings
or
other
persons
,
whether
it
be
common
or
private
gaol
,
or
the
Constables
house
,
or
others
house
who
hath
the
custody
of
him
for
felony
,
Dalt
.
275.
Stam.
31.
Rescous
to
help
a
prisoner
comm●tted
for
felony
to
get
away
,
is
felony
,
Lam.
229
,
424.
If
an
officer
or
other
whatsoever
by
his
wilfull
default
suffer
a
prisoner
to
escape
,
it
is
felony
,
Lam.
229
,
424.
Prison-breach
is
to
escape
out
of
the
stocks
,
or
out
of
any
mans
possession
,
Lam.
229.
A
Constable
voluntarily
suffereth
a
thief
to
drown
himself
;
it
is
felony
in
the
Constable
,
Dal.
276.
but
if
the
thief
kill
,
hang
,
or
drown
himself
,
it
is
a
negligent
escape
,
Dal.
Ibid.
Prisoner
of
sufficient
ability
shall
bear
his
own
charges
,
and
of
them
that
shall
be
appointed
to
guard
him
to
the
gaol
,
and
he
refusing
,
the
Constable
of
the
parish
where
he
dwelleth
,
by
warrant
from
the
Justice
that
committed
him
,
may
levy
the
same
by
distress
and
sale
of
his
goods
after
apprizement
by
four
of
the
parish
,
the
overplus
to
be
delivered
to
the
owner
,
3
Jac.
c.
10.
Prisoner
not
of
ability
,
and
those
that
guard
him
,
to
have
their
charges
from
the
place
of
apprehension
to
the
gaol
born
by
the
parish
where
he
is
apprehended
,
the
same
to
be
equally
taxed
by
the
Constables
and
Church
wardens
,
and
two
or
three
of
the
Inhabitants
,
and
allowed
by
the
Justice
of
Peace
,
3
Jac.
c.
10.
Any
lawfully
taxed
for
the
charge
of
bringing
a
prisoner
to
the
gaol
,
and
refusing
to
pay
it
to
the
Constable
or
other
officer
of
the
parish
,
by
warrant
from
the
Justice
of
P.
that
committed
him
,
may
levy
the
same
by
distress
,
and
▪
after
apprizement
by
four
of
the
parish
)
sale
of
the
goods
,
giving
the
owner
the
overplus
,
3
Jac.
c.
10.
Defendant
in
any
action
of
a
distress
taken
by
force
of
the
statute
of
3
Jac.
c.
10.
may
plead
not
guilty
,
and
give
the
special
matter
in
evidence
,
and
upon
recovery
or
non-suit
shall
have
treble
damages
,
3
Iac.
c.
10.
Prisoners
discharged
by
Justices
of
Peace
who
take
the
indictment
to
be
void
,
may
be
stayed
if
they
change
their
opinion
before
●udgement
,
Lam.
540.
A
man
outlawed
for
felony
is
imprisoned
amongst
traitors
,
and
breaking
prison
setteth
them
loose
,
this
is
rescous
of
a
traitor
,
and
treason
,
Cro.
35.
a.
nu.
5
,
6.
Privy
Sessions
,
vide
Sessions
.
.
Process
.
Process
hath
the
name
because
it
proceedeth
or
goeth
out
upon
former
matter
either
original
or
judicial
,
Lam.
519.
Suggestions
and
informations
,
whether
by
word
or
writing
,
are
but
to
stir
up
the
Justices
to
commend
the
cause
to
the
Inquest
,
and
not
to
award
process
upon
them
,
Lam.
509.
unless
it
be
in
certain
causes
where
it
is
especially
given
them
by
statute
,
ibid.
Authority
to
make
process
upon
endictments
is
given
to
the
Justices
by
words
of
their
commission
,
or
by
implication
where
the
power
of
hearing
and
determining
is
given
by
their
commission
,
Lam
520.
Process
ought
alwaies
to
be
in
name
of
the
King
with
Non
omittas
,
&c.
with
Teste
of
any
two
Justices
under
their
hands
sitting
in
Court
,
Lam.
520.
Dal.
412.
No
process
,
plea
,
or
suit
,
is
to
be
discontinued
by
making
a
new
commission
of
the
Peace
.
11.
H.
6.
c.
6.
&
1
Ed.
6.
c.
7.
Lam.
520
See
the
end
of
1
E.
6.
c.
7.
Process
upon
all
endictments
of
trespass
against
the
Peace
or
upon
special
statute
is
Venire
facias
;
and
if
he
be
thereupon
returned
sufficient
,
then
a
Distringas
Infinitè
;
if
he
be
returned
Nihil
habet
,
then
Capias
alias
,
pluries
,
Exigent
.
Lamb.
522
,
523.
Dal.
412.
Process
upon
the
stat.
of
unlawful
games
,
liveries
,
maintenance
,
archery
,
&c.
Venire
facias
,
Capias
,
Exigent
,
33
H.
8.
c.
10.
Quaere
if
it
be
not
repealed
by
37
H.
8.
c.
7.
Lam.
523.
Process
upon
the
statute
of
Victuals
,
at
tachments
,
Capias
,
Exigent
,
Lam.
523
,
524.
Process
upon
depraving
the
Sacrament
is
two
,
Capias
,
Exigent
,
Capias
,
utlegatum
,
and
may
be
sent
by
any
three
Justices
into
any
shire
,
one
being
of
the
Quorum
,
Lam.
524.
Justice
of
Peace
may
award
process
into
a
forein
county
against
an
accountant
for
money
levied
for
making
a
gaol
,
25
H.
8.
c.
5
▪
5
El.
c.
24.
Lam.
525.
Justices
of
Peace
where
the
servant
departed
,
may
award
a
Capias
to
the
Sheriff
of
the
shire
whereinto
he
departed
,
returnable
before
themselves
.
5
El.
c.
4.
So
where
a
decaied
bridge
is
in
one
county
,
and
the
party
or
land
chargeable
do
lie
in
another
county
,
Lam.
525.
22
H.
8.
c.
5.
One
indicted
of
treason
or
trespass
in
one
county
,
is
imprisoned
in
another
;
the
Justices
may
award
Habeas
Corpus
to
remove
him
before
themselves
,
Lam.
526.
Process
upon
indictment
of
felony
may
be
sent
into
any
forein
county
,
5
E.
3.
c.
11.
Lam.
527.
Process
upon
indictment
of
felony
is
two
Capias
and
an
Exigent
,
23
E.
3.
cap.
14.
Lam.
528.
Indictment
of
treason
,
felony
,
or
trespass
in
one
county
nameth
the
indicted
to
be
of
another
;
the
first
process
shall
goe
into
the
county
where
he
is
indicted
,
the
second
to
the
county
where
he
is
named
,
to
be
returnable
●hree
months
after
:
and
if
he
be
not
to
be
found
there
,
then
that
Sheriff
to
make
pro●lamation
at
two
County
Courts
before
the
●eturn
,
that
he
appear
before
the
Justices
of
●he
County
where
the
indictment
is
at
the
lay
in
the
Capias
;
and
if
he
appear
not
,
an
Exigent
to
be
awarded
,
8
H.
6.
c.
10.
Lamb.
525
,
●26
.
The
two
Justices
of
the
Peace
which
have
●he
over-sight
of
the
Sheriffs
books
and
of
the
●merciaments
,
upon
suggestion
may
make
process
as
in
an
action
of
trespass
against
the
offenders
of
that
stat.
to
answer
before
them
,
●
1
H.
7.
c.
15.
Lam.
360.
No
process
is
to
be
awarded
by
the
Justi●es
after
outlawry
,
but
they
are
to
certifie
the
●utlawry
into
the
Kings
Bench
,
Lam.
521
,
522.
Process
upon
informations
must
be
such
●s
the
statute
whereupon
they
are
grounded
doth
appoint
,
Lam.
528.
The
Sheriff
or
his
minister
that
hath
arrested
,
or
caused
any
fine
,
ransome
,
or
a
merciament
to
be
levied
by
reason
of
indictment
or
presentment
at
the
Sheriffs
turn
or
law-day
without
process
from
the
Justices
,
loseth
40
pound
,
1
E.
4.
c.
2.
Lam.
431
,
521.
Informations
made
in
the
Sessions
that
an
alehouse
keeper
hath
done
any
thing
whereby
he
hath
forfeited
his
recogniz
.
the
Justices
of
P.
may
award
process
against
him
,
to
shew
cause
why
he
should
not
forfeit
his
recognizance
,
Lam.
524.
but
quaere
what
process
,
Lam.
524.
Process
cannot
be
awarded
by
the
Justice●
of
Peace
upon
any
forfeited
recognizance
,
except
ale-houses
,
but
they
must
certifi●
them
to
the
higher
Courts
,
Lam.
ibid.
Proclamation
.
Justices
of
Peace
cannot
acquit
felons
by
Proclamation
,
or
without
sufficient
acquital
;
an●
if
they
cannot
indict
them
,
they
must
remain
till
the
gaol-delivery
,
Lam.
549
,
550.
The
form
of
Proclamations
to
remove
●
force
upon
a
writ
upon
the
statute
of
Northbampton
,
vide
Lam.
168
,
169.
Dal.
61
,
62
,
Constable
,
if
any
affray
be
dangerous
,
may
make
proclamation
,
Lam.
132.
Dal.
33.
maketh
a
quaere
.
One
Justice
of
Peace
may
make
a
proclamation
in
the
Kings
name
to
stay
a
riot
.
Lam.
183.
Quaere
for
the
statutes
,
1
M.
12.
1
El.
cap.
19.
are
expired
.
Justices
of
Peace
at
every
Sessions
use
to
make
proclamation
,
that
if
any
will
inform
for
the
King
,
he
shall
be
heard
,
Lam.
520.
Proclamation
annexed
to
the
statute
of
4
▪
H.
7.
c.
12.
is
to
be
read
every
Q.
Sessions
,
or
every
Justice
present
loseth
20
shill.
4
H.
7.
12.
Lam.
633.
Quaere
if
of
force
now
.
Promoters
,
vide
Informers
.
.
Prophesying
.
Prophesier
with
intent
to
make
rebellion●
dissention
,
loss
of
life
,
or
other
disturbance
●n
the
Realm
,
being
convicted
thereof
before
the
Justices
of
Peace
shall
be
imprisoned
one
year
without
bail
for
the
first
offence
,
and
forfeit
also
ten
pound
;
for
the
second
offence
imprisoned
all
his
life
,
and
lose
all
his
goods
and
●hattels
real
and
personal
,
and
to
be
impeach●d
within
six
months
,
5
El.
c.
15.
Lam.
415
,
●16
.
Purveyors
.
If
purveyors
,
caterers
,
or
servants
of
any
●an
but
the
King
,
take
any
thing
without
●he
owners
will
,
or
as
they
can
agree
and
●ake
present
paiment
it
is
felony
,
Lam.
231.
Dal.
282.
Cro.
48.
a.
Purveyor
shall
not
take
cart
or
other
pro●ision
of
any
Prelate
or
Clerk
.
Purveyor
,
his
deputy
undertaker
,
or
ser●ant
,
maketh
purveyance
without
warrant
●f
any
thing
above
12
pence
,
without
con●●nt
of
the
owner
,
it
is
felony
,
2
&
3
P.
&
M.
●6
.
Lam.
422.
Dal.
286.
Cro.
48.
a.
Purveyor
taking
any
carriage
in
other
●anner
then
is
comprised
in
his
commission
,
is
felony
,
36
Ed.
3.
cap.
2.
Lam.
423
,
Dal.
●86
.
Or
any
purveyance
without
commission
●nder
the
great
Seal
,
Dal.
ibid.
Cro.
48.
b.
it
is
●●lony
.
Or
make
purveyance
of
goods
above
12
●ence
,
without
testimony
and
apprizment
of
●●e
Constable
and
four
honest
men
of
the
own
,
and
without
delivering
tales
or
Inden●ures
under
his
seal
testifying
his
purvey●nce
,
it
is
felony
,
Lam.
423.
Dal.
286.
Quaere
if
it
be
but
of
the
value
of
40
shill.
●r
under
.
Quaere
by
whom
the
apprizement
●hall
be
made
,
and
between
whom
the
Inden●ures
shall
be
made
,
Dal.
287.
To
take
more
victuals
or
carriages
for
the
Kings
house
,
then
he
shall
deliver
to
the
same
house
,
is
felony
,
Dal.
287.
To
take
sheep
in
their
wools
betwixt
Easter
and
Midsummer
at
small
prices
,
and
t●
carry
them
to
his
own
house
to
shear
them
Lam.
423.
Dal.
286.
23
E.
3.
cap.
15.
is
felony
.
Quaere
if
the
felony
of
purveyours
by
36.
E
▪
3.
c
,
6.
be
not
altered
by
23
H.
6.
1
&
2.
Purveyour
taking
any
thing
of
the
value
o●
40
shillings
or
under
,
without
present
paiment
,
loseth
double
the
value
of
the
thi●
taken
;
and
the
Constable
upon
request
made
not
aiding
him
to
resist
the
purveyour
●●
taking
,
loseth
double
damages
.
And
any
of
the
Kings
officers
procurin●
any
to
be
arrested
or
vexed
for
such
res●stance
,
loseth
20
pound
,
20
H.
6.
c.
8.
&
2●
H.
6.
c.
2.
Lam.
439.
Purveyour
taking
any
thing
of
any
man
t●
spare
him
,
is
to
be
imprisoned
two
years
,
pa●
treble
damages
,
and
ransome
,
Lam.
439.
Purveyour
taking
corn
by
other
measur●
then
the
stricken
bushel
,
or
by
any
mor●
then
eight
such
bushels
to
the
quarter
,
an●
that
hath
taken
carriages
therefore
witho●●
making
ready
paiment
,
is
to
be
imprisone●
one
year
,
and
pay
five
pound
unto
the
Ki●●
and
5
pound
unto
the
party
,
25
E.
3.
c.
1.
3●
E.
3.
c.
3
&
1
H.
5.
c.
10.
Lam.
439.
Purveyor
of
timber
or
his
deputy
,
causin●
any
timber
to
be
felled
fit
for
barking
,
b●
only
in
barking
time
,
except
trees
for
building
or
repairing
the
Kings
ships
or
houses
,
o●
having
taken
any
profit
by
the
lops
,
tops
,
o●
barks
of
any
trees
,
or
having
taken
from
the
owner
any
more
of
any
tree
then
onely
the
timber
,
loseth
40
shill.
for
every
tree
,
Lam.
438
,
439.
1
Jac.
c.
22.
Dockets
of
Purveyours
ought
to
be
deliverd
over
to
the
Justices
of
Peace
at
the
next
general
Sessions
,
and
by
the
Justices
to
be
certified
to
the
Treasurer
of
the
Kings
houshold
,
2
&
3
P.
&
M.
c.
6.
Lam.
614.
Purveyour
taking
any
provision
for
the
Kings
house
by
force
of
his
commission
,
and
●elling
away
the
same
,
his
first
taking
is
extor●ion
,
and
he
is
punishable
as
a
trespasser
,
if
not
●s
a
felon
,
Dal.
287.
Undertakers
,
deputies
,
servants
,
and
all
o●her
which
under
colour
of
the
Kings
Commission
,
to
the
Kings
Purveyors
,
do
take
any
victuals
against
the
statute
,
are
liable
to
the
pains
therein
mentioned
against
purveyours
,
2
&
3
P.
&
M.
c.
6.
Cro.
48.
b.
Justices
of
Peace
are
to
certifie
to
the
Trea●urer
of
the
Kings
houshould
the
dockets
of
purveyours
(
brought
to
their
Sessions
by
Constable
)
that
the
serving
of
such
Commissions
and
the
true
answering
of
purveyance
may
be
better
examined
thereby
,
Lam.
590.
2
&
3
P.
&
M.
c.
6.
Upon
malice
prepensed
to
put
out
any
ones
eyes
,
is
felony
,
5
H.
4.
c.
5.
Cro.
49.
a.
Lam.
256
,
420.
Dal.
280.
Rape
,
or
Ravishment
.
DEflowring
of
a
maid
under
ten
years
o●
with
,
or
without
consent
,
is
felony
wi●●out
Clergy
,
18
El.
c.
6.
Lam.
256
,
421.
D●●
290.
Cro.
47.
b.
Ravishing
of
a
woman
against
her
w●
without
consent
either
before
or
after
●●
fact
,
or
being
with
force
,
though
after
●●
do
consent
,
is
felony
without
Clergy
,
We●●
c.
34.
18
El.
c.
6.
Lam.
256
,
241.
Cro.
47.
b.
D●●
290.
To
be
present
and
aiding
the
ravisher
,
rape
,
Lam.
258.
Cro.
47.
b.
Stam.
24.
Dal.
29
▪
No
rape
where
the
party
deflowered
conc●●veth
with
child
,
Lam.
257.
Dal.
289.
Cro.
●●
b.
Stam.
24.
Deflowering
of
one
kept
as
the
deflower●●
concubine
,
is
a
good
plea
upon
an
appeal
t●●
it
is
no
rape
;
otherwise
of
another
mans
cocubine
,
Lam.
257.
Cro.
47.
b.
Stam.
24.
D●●
290.
Force
without
carnal
knowledge
is
no
ra●●
Lam.
257
,
258.
See
the
statute
de
Officio
Coronatorii
m●●
4
E.
1.
Complaint
must
be
made
within
sodaies
,
but
otherwise
in
an
appeal
.
A
woman
that
is
ravished
ought
presen●
to
levy
hue
and
cry
,
and
to
complain
the●
presently
to
some
credible
persons
;
Dal.
●●
Cro.
100.
a.
Stam.
22.
indictment
of
rap●
no
time
to
be
observed
.
To
ravish
a
woman
who
consenteth
●
fear
of
death
,
&c.
is
ravishment
;
for
cons●●
ought
to
be
voluntary
and
free
,
Dal.
290.
●
.
48.
a.
Consenting
after
rape
doth
not
hinder
●ut
that
the
husband
,
and
if
she
have
no
●usband
,
the
father
or
next
of
bloud
may
●ursue
the
ravisher
,
to
have
him
convicted
,
●
.
R.
1●3
.
Rates
,
vide
Taxation
.
.
Rebellious
assemblies
.
The
statutes
1
M
12.
and
1
Eliz.
are
dis●●tinued
,
Dal.
222.
Recognizance
.
Recognizance
is
a
bond
of
Record
testify●●g
the
Recognizer
to
owe
a
certaim
sum
of
●●ny
to
some
other
,
and
the
acknowledge●ent
of
the
same
is
to
remain
of
record
,
and
●ne
can
take
it
but
onely
a
Judge
or
Officer
●
Record
,
Dal.
334.
Every
Recognizance
taken
by
a
Justice
of
●●ace
,
must
be
made
by
these
words
,
Domino
●egi
,
upon
pain
of
imprisonment
of
any
per●●n
that
shall
take
it
otherwise
,
33
H.
8.
c.
●
.
Cro.
196.
b.
nu.
11.
Lam.
162.
Dal.
175
,
●9
.
Sureties
in
Recognizances
ought
to
be
Sub●●dy-men
,
and
they
must
be
two
besides
the
●●rty
himself
,
Lam.
101.
Dal.
175.
It
is
in
the
discretion
of
a
Justice
of
Peace
,
●he
take
a
recognizance
ex
officio
,
to
appoint
●●
allow
the
number
of
the
sureties
,
their
suf●●ciency
in
goods
and
lands
,
the
sum
of
mo●ey
,
and
how
long
he
shall
be
bound
,
Dal.
174.
●am.
100.
If
a
Justice
of
Peace
be
deceived
in
the
ability
of
the
sureties
,
he
may
compel
the
party
to
put
in
another
,
Lam.
100.
Dal.
178.
Recognizance
of
the
Peace
,
without
expressing
in
the
condition
that
it
was
for
keeping
of
the
peace
,
seemeth
void
,
Lam.
103.
Dal.
175.
So
it
is
if
a
recognizance
be
,
that
a
recognizer
shall
not
maim
or
beat
A.
without
expressing
keeping
the
peace
,
Lamb.
103.
Dal.
175.
Recognizance
comprehending
no
time
o●
appearance
,
but
generally
to
keep
the
peace
,
is
good
,
Lam.
103.
Dal.
176.
Recognizance
for
the
peace
upon
a
supp●cavit
,
is
not
of
necessity
to
be
returned
until
●ertiorari
,
Lam.
109.
Dal.
177.
Recognizance
taken
to
keep
the
peace
against
one
especially
,
quaere
if
it
be
good
,
Lam.
104.
Dal.
176.
Recognizance
taken
to
belevied
only
of
the
goods
or
only
of
the
lands
of
the
cognizer
,
seemeth
to
be
good
enough
,
Lam.
104.
Dal.
167.
Wife
or
insant
under
the
age
of
discretion
are
to
be
bound
to
the
peace
by
their
sureties
only
,
Lam.
101.
Recognizance
taken
ex
officio
,
if
default
of
appearance
be
made
,
may
be
removed
by
Certiorari
,
Lam.
109.
Dal.
178.
Recognizance
not
forfeited
is
discharged
by
the
death
of
the
King
,
of
the
cognizer
o●
the
party
suing
for
it
,
if
it
were
against
him
alone
,
Lam.
113.
Dal.
141.
The
sureties
dying
,
the
recognizance
is
good
against
the
executors
,
Lam.
113.
Dal.
●41
.
Recognizances
taken
are
to
be
certified
not●ithstanding
the
death
of
the
King
,
Lam.
103.
●
of
the
recognizer
,
or
of
the
party
at
whose
it
it
was
granted
,
Lam.
113.
The
Recognizance
being
forfeited
,
the
Ju●ces
shall
in
discretion
require
new
sure●s
,
or
commit
him
to
prison
,
Lam.
114.
Dal.
●3
.
Recognizance
of
the
peace
brought
into
●e
Custos
Rotulorum
,
and
not
pursued
by
●e
party
,
may
be
called
upon
for
the
King
●
the
Clark
of
the
Peace
,
ibid.
Justices
of
the
Peace
cannot
award
process
●●on
a
forfeited
Recognizance
,
but
it
must
●
certified
into
the
higher
Court
,
except
re●gnizance
for
alehouses
,
Lam.
589.
Dal.
●7
.
Cro.
167.
a.
&
196.
b.
nu.
9.
and
the
cause
●
the
forfeiture
,
Dal.
177.
Recognizances
or
examinations
taken
con●erning
suspects
or
felons
,
are
to
be
certified
●
the
next
general
goal-delivery
,
2
&
3
P.
●
M.
c.
10.
Lam.
212.
Recognizances
taken
by
a
Justice
of
Peace
●
officio
,
are
to
be
brought
into
the
Custos
Ro●lorum
at
the
next
general
Sessions
,
Lam.
●9
.
Dal.
177.
Cro.
139.
a.
but
no
pain
by
●●e
statute
of
3
Hen.
7.
1.
if
he
do
not
,
Br.
●eace
11.
None
but
the
King
can
pardon
a
Recogni●nce
once
forfeited
,
Lam.
111.
Cro.
140.
b.
●al.
181.
Recognizance
taken
where
the
Justice
hath
no
authority
,
is
void
.
And
taken
by
authority
,
if
the
Justice
insert
other
matter
●it
is
vo●d
,
Cro.
196.
b.
nu.
7.
A
Recognizance
taken
by
a
Justice
of
Peace
is
a
matter
of
Record
so
soon
as
i●
taken
and
acknowledged
,
although
it
b●
not
made
up
,
but
entred
into
his
book
,
nay
,
although
it
be
not
entred
,
Dal.
336.
Sta●
▪
77.
b.
E.
Brook
Record.
58.
Reconciliation
,
vide
Treason
.
.
Records
.
Records
be
nothing
else
but
memorials
o●
monuments
of
things
done
before
Judge●
that
have
credit
in
that
behalf
,
Lam.
63.
If
a
Record
say
any
thing
,
no
man
shall
b●
received
to
aver
or
speak
against
it
,
●●●
63.
The
Judges
may
correct
or
amend
any
Record
in
the
term
wherein
the
Record
is
to
be
made
,
but
after
they
have
no
power
at
al●
over
them
,
Lam.
64.
The
Record
or
Testimony
of
a
Justice
o●
Peace
is
in
some
cases
of
greater
force
the●
an
endictment
of
a
Jury
,
and
against
it
the
party
shall
not
be
admitted
to
traverse
,
Lam.
65.
Embezelling
of
a
record
is
felony
,
but
no●
to
be
dealt
withal
by
Justices
of
Peace
,
Lam.
231
,
549.
Precepts
for
surety
of
the
Peace
,
special
Records
for
conviction
of
forcible
entries
,
made
out
of
the
Sessions
,
are
not
records
of
Sessions
,
Lam.
389.
Records
of
causes
determinable
at
the
Sessions
taken
by
the
Justices
of
Assize
at
their
Goal-delivery
as
Justices
of
Peace
,
are
to
be
left
with
the
Clark
of
the
Peace
to
be
brought
to
the
next
Sessions
of
the
Peace
,
Lam.
391.
One
pleadeth
a
record
before
other
Justi●es
by
way
of
justification
,
the
Justices
ought
●
give
him
day
to
bring
in
the
record
,
Lam.
●65
.
A
Justice
of
Peace
upon
a
Commission
●eing
convicted
by
oath
of
twelve
men
of
●mbezeling
,
wilful
rasing
of
an
indictment
,
●●
maliciously
enrolling
that
for
an
indict●ent
which
was
not
found
,
or
changing
an
●●dictment
of
trespass
into
an
indictment
of
●●lony
,
loseth
his
office
,
and
shall
be
fined
and
●●prisoned
according
to
his
offence
,
Lam.
●31
.
To
rase
a
record
is
felony
;
yet
if
a
Judge
do
embezel
or
rase
a
record
,
it
is
but
mispr●sion
in
a
Judge
,
Dal.
283.
Br.
Coron.
174.
&
Treason
31.
Embezeling
of
any
record
,
writ
,
return
,
panel
,
process
,
or
warrant
of
Attorney
●n
Chancery
,
Kings
Bench
,
Exchequer
,
Common
pleas
,
or
Treasury
,
is
felony
in
the
parties
,
their
counsellers
,
procurers
,
or
abetters
,
Dal
ibid.
But
it
seemeth
that
Iustices
of
Peace
have
●●ot
to
do
with
these
felonies
,
Lam.
5
▪
9.
Cro.
56.
8.
H.
6.
c.
12.
Dal.
283.
for
that
these
records
●●de
not
remain
with
the
Iustices
of
Peace
,
Cro.
●
ibid.
Recusants
.
Wilfully
absenting
themselves
from
Church
●
2
moneths
,
contrary
to
1
El.
c.
2.
and
convi●ted
,
being
of
16
years
of
age
,
are
to
be
bound
●o
the
good
behaviour
,
upon
certificate
of
●ne
Justice
of
Peace
to
the
Kings
Bench
,
1
El.
●
.
besides
other
penalties
,
23
El.
Dal.
104.
Every
Justice
of
Peace
may
give
notice
to
any
person
to
forbear
to
receive
or
keep
such
as
shall
obstinately
refuse
to
come
to
the
Church
by
the
space
of
a
moneth
together
,
35
Eliz.
cap
1.
Heir
of
a
Recusant
being
a
Recusant
at
his
Ancestours
death
,
conforming
himselfe
,
and
taking
the
oath
of
supremacy
made
1
Eliz.
before
the
Archbishop
or
Bishop
of
the
Diocess
,
shall
be
free
from
penalties
for
the
recusancy
of
his
ancestour
,
1
Jac.
c.
4.
Heir
of
a
Recusant
being
under
16
years
at
the
death
of
his
ancestour
,
at
or
after
16
years
becomes
a
Recusant
,
he
is
not
to
be
freed
of
his
ancestours
penalties
for
recusancy
,
till
conformity
as
aforesaid
,
1
Jac.
cap.
4.
Two
parts
of
Popish
Recusants
lands
being
seised
for
the
paiment
of
20
li.
a
moneth
,
the
third
is
not
to
be
charged
with
it
,
but
is
to
descend
to
his
heir
,
and
the
two
parts
to
remain
in
the
Kings
hands
till
he
be
satisfied
thereof
both
for
the
ancestour
and
heir
,
1
Jac.
cap.
4.
Any
sending
his
children
beyond
the
sea●
out
of
the
Kings
dominions
to
any
religious
house
,
to
be
instructed
or
strengthened
in
Popery
,
loseth
100
pounds
,
and
the
person
so
going
,
or
being
there
,
and
not
returning
within
one
year
,
and
submitting
,
is
disabled
to
inherit
,
purchase
,
or
take
any
lands
o●
goods
in
his
Majestie
,
dominions
,
till
conformity
,
1
Iac.
cap.
4.
Estates
in
trust
for
benefit
of
any
sent
beyond
the
sea
to
any
religious
house
to
be
instructed
in
Popery
,
are
void
,
1
Iac.
c.
4.
Justice
of
Peace
not
certifying
at
the
next
Q.
Sessions
the
oaths
taken
of
any
reconciled
to
the
See
of
Rome
,
upon
his
submission
,
returning
into
the
Realm
,
doth
forfeit
40
pounds
,
3
Jac.
c.
5.
Lam.
633.
Forfeitures
upon
the
statute
of
1
Jac.
c.
4.
against
Popish
Recusants
,
half
to
the
King
,
and
half
to
the
suer
in
any
the
Courts
of
Record
at
Westminster
by
action
of
debt
,
&c.
1
Jac.
c.
4.
Popish
Recusant
conforming
himself
in
coming
to
Church
according
to
the
law
,
and
after
convicted
for
not
receiving
the
Sacrament
once
every
year
,
loseth
for
the
first
year
20
pound
,
for
the
second
year
40
pound
,
for
the
third
year
60
pound
:
And
if
after
conformity
in
receiving
the
Sacrament
,
●he
offend
therein
,
he
loset●
,
for
every
offence
60
pound
,
one
moity
to
the
King
,
the
other
●o
the
informer
,
to
be
recovered
in
any
of
●he
Kings
Courts
at
Westminster
or
before
the
●udges
of
Assize
,
or
Justices
of
the
Peace
at
●heir
Quarter
Sessions
by
action
of
debt
,
&c
,
●
Jac.
c
4.
Lam.
418.
Constables
and
Churchwardens
,
or
,
for
want
of
them
,
the
high
Constable
once
every
●ear
,
are
to
present
the
monethly
absence
of
●opish
Recusants
from
Church
,
with
the
●ames
of
the
servants
and
children
above
●ine
years
old
,
or
lose
20
shillings
for
every
●ffence
,
&
upon
their
conviction
to
have
40
●hill
.
out
of
their
goods
,
3
Iac.
c.
4.
Lam.
616.
Clark
of
the
Peace
is
to
record
the
Presentment
of
Constables
and
Church
wardens
for
●onthly
absence
from
Church
,
without
fee
,
●1
loseth
40
shill.
3
Iac.
c.
4.
Offences
upon
any
statute
for
not
going
to
Church
or
receiving
the
Sacrament
,
may
be
heard
and
determined
by
the
Justices
of
Peace
at
their
Quarter
Sessions
,
as
Justices
of
Assize
might
before
,
3
Iac.
c.
4.
Lam.
617.
Upon
an
indictment
for
not
coming
to
Church
,
or
not
receiving
the
Sacrament
,
Justices
of
the
Peace
at
their
Qu.
Sessions
may
by
proclamation
command
the
indicted
to
render
his
body
to
the
Sheriff
before
the
next
Qu.
Sessions
or
Assizes
,
and
in
default
of
appearance
,
then
the
same
to
be
a
sufficient
conviction
,
3
Iac.
c.
4.
Lam.
616.
Popish
Recusant
convicted
of
not
coming
to
Church
according
to
law
,
shall
in
Easter
or
Michaelmas
term
next
after
the
conviction
,
pay
into
his
Majesties
receit
after
the
rate
of
20
pound
a
month
,
and
so
to
continue
without
any
other
indictment
,
till
he
conform
himself
;
and
in
default
of
payment
,
all
his
goods
and
two
parts
of
his
lands
to
be
seised
till
conformity
,
leaving
the
mansion-house
to
the
third
part
,
3
Iac.
c.
4.
The
King
seising
two
parts
may
not
let
it
to
any
Recusant
,
nor
for
their
use
,
and
the
lessee
must
give
security
to
the
King
not
to
commit
waste
,
3
Iac.
c.
4.
Indictments
against
Popish
Recusants
are
not
to
be
avoided
for
want
of
form
until
conformity
,
3
Iac.
cap.
4.
Justices
of
Peace
may
hear
and
determine
,
all
offences
against
the
statute
3
Iac.
c.
4.
except
treason
,
3
Iac.
c.
4.
Lam.
617.
Attainder
of
felony
upon
the
statute
of
3
Iac.
c.
4.
of
Popish
Recusants
,
barreth
not
dower
,
nor
corrupteth
bloud
,
3
Iac.
c.
4.
Any
pursued
for
doing
any
thing
warran●ed
by
the
statute
of
3
Iac.
c.
4.
may
plead
the
●eneral
issue
,
and
give
the
special
matter
in
●vidence
,
3
Iac.
c.
4.
Husband
is
not
chargeable
with
the
forfei●ure
of
the
wife
upon
the
statute
of
3
Iac.
c.
4.
●r
not
receiving
the
Sacrament
,
nor
the
wife
●fter
his
death
.
Popish
Recusant
convict
,
coming
to
the
Court
where
the
King
or
his
heir
apparent
●s
,
without
the
Kings
command
,
or
warrant
●n
writing
from
the
Councel
,
loseth
100
li.
●
Iac.
c.
5.
the
one
half
to
the
prosecutor
.
Recusants
convicted
or
other
forbearing
●or
three
months
to
hear
divine
service
,
now
●welling
in
London
or
within
ten
miles
(
ex●ept
tradesmen
having
no
other
dwelling
)
●re
to
depart
within
forty
daies
,
and
if
they
●ome
to
dwell
there
within
three
months
,
●hen
to
depart
within
ten
daies
after
conviction
,
and
to
deliver
their
names
to
the
Maior
of
London
or
the
next
Justice
of
the
County
,
or
lose
100
pound
,
3
Iac.
c.
5.
the
moiety
to
●he
prosecutor
.
Every
one
not
repairing
every
Sunday
to
some
usual
place
appointed
for
Common-prayer
,
there
to
hear
divine
service
,
upon
conviction
within
one
month
after
default
,
upon
consession
,
or
oath
of
one
witness
,
one
Justice
;
of
Peace
may
call
the
offender
before
him
,
and
if
he
cannot
satisfie
the
Justice
by
excuse
for
his
absence
;
the
Churchwardens
by
warrant
from
the
Justice
of
Peace
,
may
levy
12
pence
for
every
default
by
distress
and
sale
of
the
offenders
goods
;
and
in
default
of
distress
the
Justice
may
commit
him
till
he
pay
it
,
which
is
to
be
imployed
for
the
poor
,
3
Iac.
c.
4.
Dal.
105.
Coke
11.
61.
b.
They
which
harbour
within
their
houses
any
(
except
parents
or
others
to
whose
custody
they
are
committed
)
or
knowing
the
same
,
retain
in
their
service
any
absenting
themselves
a
month
together
from
Church
without
reasonable
excuse
,
lose
ten
pound
a
month
,
3
Iac.
c.
4.
The
King
or
five
Lords
of
the
Privy
Councel
may
by
writing
under
the
hands
of
the
Privy
Councel
licence
a
Popish
Recusant
confined
five
miles
to
travel
out
of
his
compass
for
such
time
as
is
contained
in
the
licence
,
without
inserting
any
cause
,
3
Jac.
cap.
5.
Popish
Recusant
confined
to
five
miles
,
informing
upon
oath
four
Justices
of
Peace
that
he
hath
necessary
occasion
to
travel
farther
,
and
that
he
will
make
no
causses
staies
,
they
with
the
asse●t
of
the
Bishop
of
the
Diocess
,
Lieutenant
or
his
Deputy
,
under
their
hands
and
seals
,
and
specifying
in
their
licence
the
cause
and
time
of
travel
,
may
by
licence
under
their
hands
and
seals
give
liberty
to
him
to
travel
forth
of
his
compass
,
all
other
licences
to
be
void
;
and
any
travelling
without
such
licence
,
not
having
taken
such
o●th
,
shall
forfeit
as
a
Recusant
convicted
by
the
statute
of
35
Eliz.
cap.
2.
3
Iac.
cap.
5.
Dal.
109.
Lam.
365.
and
any
one
of
the
four
Justices
may
minister
the
oath
,
3
Iac.
cap.
5.
Lam.
296.
Statute
35
El.
c.
2.
confining
Popish
Recusants
to
certain
limits
is
hereby
confirmed
,
and
the
proviso
for
licensing
them
to
goe-beyond
their
limits
is
hereby
repealed
,
3
Jac.
cap.
5.
Popish
Recusants
convicted
are
not
to
practise
the
common
or
civil
law
,
not
physick
,
nor
to
execute
any
offices
,
places
,
or
trades
belonging
to
any
of
them
,
nor
to
be
Minister
or
Officer
in
any
Court
,
nor
to
have
any
place
of
command
,
or
office
in
warre
,
nor
any
office
or
charge
in
any
ship
,
castle
or
fortress
of
the
Kings
,
on
pain
of
100
pound
,
one
moiety
to
the
King
,
the
other
to
him
that
will
sue
3
Jac.
cap.
5.
Popish
Recusant
convicted
,
or
whose
wife
is
a
Popish
Recusant
,
during
recusancy
not
to
execute
any
publick
office
or
charge
in
the
Realm
,
3
Iac.
c.
5.
Married
woman
being
a
Recusant
convicted
,
whose
husband
is
not
convicted
not
conforming
her selfe
according
to
law
,
forfeiteth
to
the
King
two
parts
of
her
dower
or
joynture
,
and
is
disabled
to
be
executrix
or
administratrix
to
her
Husband
,
3
Iac.
c.
5.
Popish
Recusant
upon
conviction
is
to
be
adjudged
excommunicate
to
all
intents
,
except
in
being
able
to
sue
for
or
concerning
his
lands
and
leases
not
seised
by
the
King
,
3
Iac.
cap.
5.
Recusant
convicted
,
married
otherwise
then
by
a
minister
lawfully
authorized
,
and
according
to
the
orders
of
the
Church
,
is
disabled
to
be
tenant
by
courtesie
,
or
in
dower
,
or
by
joynture
,
or
to
have
widows
estate
,
or
frank-bank
,
or
any
part
of
her
husbands
goods
;
and
marrving
any
,
by
whom
he
is
not
intituled
to
be
tenant
by
the
cou●tesie
,
loseth
100
pound
,
one
moiety
to
the
King
,
the
other
to
him
that
will
sue
3
Iac.
c.
5.
Child
of
a
Popish
Recusant
not
baptized
according
to
the
orders
of
the
Church
within
one
moneth
after
the
birth
,
the
father
or
mother
,
if
he
die
within
the
moneth
,
loseth
100
pound
,
whereof
one
third
part
to
the
King
,
another
to
the
poor
of
the
parish
,
and
the
third
to
him
that
will
sue
,
3
Iac.
c.
5.
Popish
Recusants
not
excommunicated
,
buried
otherwise
then
according
to
the
orders
of
the
Church
,
his
executors
or
administrators
knowing
it
or
causers
of
it
,
lose
20
pound
,
one
third
part
to
the
King
,
one
third
part
to
the
poor
of
the
parish
,
and
one
third
part
to
him
that
will
sue
for
it
,
3
Jac.
c.
5.
Popish
Recusant
convicted
,
during
his
conviction
,
to
be
from
the
ending
of
that
Parliament
disabled
to
grant
any
advowson
,
&c.
or
to
present
or
nominate
to
any
spiritual
living
,
the
same
to
remain
to
the
Chancellors
,
of
the
Universities
of
Oxford
and
Cambridge
,
according
to
their
several
shires
limited
in
that
statute
,
so
that
they
present
none
having
a
former
benefice
with
cure
,
if
they
do
,
the
same
to
be
void
,
3
Jac.
c.
5.
Penalties
upon
the
statute
of
3
Jac.
c.
5.
against
Recusants
to
be
recovered
in
any
his
Majesties
Courts
of
Record
by
action
of
debt
,
bill
,
plaint
,
or
information
,
without
essoin
,
protection
,
or
wager
of
law
,
3
Iac.
cap.
5.
Marr●ed
woman
under
Baroness
,
convicted
of
not
coming
to
Church
,
and
of
not
receiving
the
Communion
,
who
doth
not
within
three
months
after
conform
her selfe
,
to
be
committed
by
two
Justices
of
the
Peace
one
being
of
the
Quorum
,
until
conformity
,
unless
her
husband
pay
10
pound
a
month
to
the
King
,
or
the
third
part
of
his
lands
,
7
Iac.
●
.
6.
The
penalty
of
12
pence
,
and
of
20
l.
a
month
,
shall
be
both
of
them
paid
by
a
Recu●ant
convict
,
Dal.
106.
Cro.
11.
63.
b.
Two
Justices
of
the
Peace
may
require
a
convicted
Recusant
of
small
ability
,
who
repaireth
not
to
the
place
of
his
dwelling
,
or
place
of
his
birth
,
there
to
notifie
himselfe
to
the
Minister
and
Constables
according
to
the
statute
of
35
Eliz.
or
afterwards
removeth
five
miles
from
the
same
,
(
if
upon
apprehension
he
conform
not
himselfe
within
three
months
)
to
abjure
the
Realm
,
and
assigne
him
his
time
and
haven
,
35
El.
c.
2.
Dal.
109.
The
form
of
the
Oath
.
Tou
shall
swear
you
shall
depart
this
Realm
of
England
,
and
all
other
his
Majesties
dominions
,
and
that
you
shall
not
return
hither
or
come
again
into
any
of
his
Majesties
dominions
without
licence
of
our
Soveraign
Lord
the
King
or
of
his
heirs
;
so
help
you
God
,
Dal.
109.
Stam.
119.
Every
such
Recusant
that
refuseth
to
absure
,
or
after
abjuration
doth
not
within
the
time
appointed
go
to
such
haven
and
depart
,
or
after
such
abjuration
returneth
without
his
Majesties
special
licence
,
in
every
such
case
shall
be
adjudged
a
selon
,
35
El.
c.
2.
Dal.
109.
Lam.
419.
1
Iac.
c.
25.
The
Justice
of
P.
before
whom
such
abjurations
shall
be
made
,
must
presently
cause
the
same
to
be
entred
of
Record
before
them
,
and
certifie
it
at
the
next
general
gaol-delivery
in
the
said
county
,
ibid.
The
Bishop
of
the
Diocess
or
any
one
Just.
of
Peace
,
or
Minister
of
the
parish
where
such
convicted
Recusant
shall
be
,
may
require
his
submission
,
ibid.
Justices
of
Peace
at
their
Quarter
Sessions
may
inquire
,
hear
and
determine
of
all
Recusants
both
for
not
coming
to
Church
,
and
not
receiving
the
Sacrament
according
to
law
,
as
Justice
of
Assize
and
gaol-delivery
may
do
,
and
at
the
Sessions
(
in
which
such
Indictment
shall
be
taken
)
make
proclamation
to
render
their
bodies
to
the
Sheriff
,
and
before
the
next
Q.
Sessions
,
at
which
if
the
offender
make
not
appearance
of
Record
,
it
shall
be
a
conviction
,
3
Iac.
cap.
4.
Lam.
616.
Popish
Recusant
convicted
is
disabled
to
be
executor
,
administrator
,
or
guardian
:
the
guardianship
to
go
to
the
next
of
kin
to
whom
the
land
should
not
come
,
being
no
Recusant
;
and
he
to
accompt
to
the
heir
,
as
the
case
shall
require
,
3
Iac.
cap.
5.
Recusants
armour
,
gun-powder
and
munition
,
by
warrant
of
four
Justices
of
the
P.
at
their
general
Sessions
,
shall
be
taken
from
them
,
(
other
then
necessary
weapons
allowed
by
the
said
Justices
for
their
defence
)
and
kept
at
the
Recusants
costs
,
where
the
Justices
shall
appoint
.
And
the
Recusant
,
refusing
to
tell
what
armour
he
hath
,
or
disturbing
the
delivery
thereof
forfeiteth
the
armour
,
and
is
to
be
imprisoned
for
three
months
without
bail
,
3
Iac.
c.
5.
La.
617
,
618.
Regrator
.
Regrator
is
he
that
buyeth
live
or
dead
victuals
,
tallow
,
or
candles
in
the
market
,
and
●elleth
the
same
there
,
or
within
4
miles
,
●3
El.
c.
25.
Lamb.
450.
5.
Ed.
6.
c.
14.
5.
El.
c.
12.
Release
.
Just.
of
P.
compelleth
one
of
his
own
motion
●o
give
surety
of
the
peace
untill
a
certain
day
,
●●e
may
by
like
discretion
release
it
before
●he
day
,
Lam.
110.
Cro.
139.
b.
nu.
16.
Dal.
179.
Party
bound
generally
to
keep
the
peace
without
any
day
limited
,
it
is
for
life
,
and
no
man
can
release
it
,
Lam.
110.
Dal.
179.
Cro.
142.
●●
,
Brook
Peace
17.
Recognizance
is
taken
at
the
suit
of
A.
to
keep
the
peace
against
him
onely
,
A.
may
re●ease
it
before
the
same
Justice
or
any
other
that
will
cert●fie
it
,
Lam.
110.
Dal.
179.
Cro.
●39
.
b.
nu.
10.
169
a.
That
release
being
cer●ified
at
the
next
Quarter
Sessions
will
dis●harge
the
party
bound
of
his
appearance
,
so
●hat
he
shall
not
be
called
upon
for
his
recog●●zance
,
Dal.
ibid.
Cro.
139.
b.
nu.
15.
Recognizance
is
taken
versus
cunctum
po●●lum
,
praecipu●
versus
A.
yet
A.
may
release
it
before
any
Justice
:
tamen
quaere
,
Lam.
110.
Cro.
142.
b.
Bro.
Peace
17
Dalt
.
180.
Recognizance
is
taken
by
discretion
or
upon
suit
,
the
King
cannot
release
or
pardon
it
before
forfeiture
,
Lam.
111.
Cro.
140.
b.
141.
a.
Dal.
180.
The
peace
being
released
,
the
recogniz
.
must
not
be
cancelled
,
but
certified
at
the
Sessions
with
the
release
,
lest
peradventure
the
peace
was
broken
before
the
release
made
,
Lam
111.
Dalt
.
ibid.
Cro.
139.
b.
nu.
16.
169.
a.
Whether
the
good
abearing
taken
upon
complaint
may
be
released
by
any
special
person
,
Quaere
Lam.
123.
Dal.
197.
Neither
the
Justice
of
the
Peace
,
nor
the
party
can
discharge
a
recognizance
of
the
Peace
by
the
release
out
of
the
Sessions
;
for
first
the
recognizance
is
made
to
the
King
▪
and
therefore
none
but
the
King
can
release
o●
discharge
it
.
Secondly
,
the
recognizance
i●
taken
for
the
parties
appearance
,
and
the
release
cannot
discharge
the
appearance
,
Dalt
.
180.
Brook
.
Peace
17.
The
appearance
is
requisite
notwithstanding
any
release
made
;
first
,
for
the
safety
of
the
recognizance
;
secondly
,
that
others
may
object
in
open
Sessions
,
if
he
have
broken
the
Peace
,
that
he
may
be
indicated
thereupon
,
Dal.
180.
E
contra
Cro.
If
the
Justice
of
Peace
at
the
Sessions
do
certifie
the
release
,
by
this
the
obliged
is
discharged
,
and
shall
not
be
called
upon
for
his
recognizance
,
nor
his
default
recorded
;
for
the
principal
cause
of
the
recognizance
was
the
keeping
of
the
Peace
,
the
which
is
discharged
by
the
release
which
is
certified
at
the
Sessions
,
and
then
the
appearance
is
but
accessary
to
the
same
,
and
the
intent
is
onely
that
then
he
should
finde
new
surety
if
the
party
will
not
release
;
and
this
is
the
common
usage
,
Cro.
139.
nu.
15.
Vide
plus
Recognizance
,
&
Forfeiture
.
Religious
Houses
.
The
owner
of
the
site
of
a
religious
house
dissolved
,
in
yearly
value
under
200
pound
,
must
keep
a
continual
house
there
,
or
lose
20
nobles
a
moneth
,
to
be
enquired
of
and
determined
at
the
Quarter-Sessions
,
27
H.
8.
c.
22.
5
El.
c.
2.
Lam.
471.
Replevin
,
vide
Bailment
.
.
Rescous
of
a
Felon
.
Rescous
is
to
help
a
prisoner
to
get
away
;
and
if
it
be
a
felon
,
it
is
felony
,
Lam.
229.
Dal.
274
,
275.
Rescous
of
a
felon
before
arrest
is
no
felon
,
other
wise
after
arrest
,
Lam.
230.
Dal.
276.
Quaere
Stam.
31.
Rescuing
a
prisoner
going
to
the
gallows
is
felony
,
Dal.
276.
A
warrant
being
granted
by
a
Justice
of
the
Peace
for
unlawful
hunting
of
Deer
or
Conies
,
to
make
rescous
thereupon
is
felony
,
Dal.
75.
Rescous
against
an
officer
or
person
authorized
to
execute
the
statute
of
39
El.
c.
4.
loseth
5
pound
,
and
is
to
be
bound
to
his
good
behaviour
,
Dal.
128.
If
a
stranger
take
one
out
of
prison
with
the
prisoners
assent
,
if
he
be
in
for
felony
,
it
is
felony
by
the
common
law
in
the
rescuer
,
and
he
is
a
principal
by
the
statute
De
prisonam
frangentibus
,
Cro.
38.
a.
nu.
2.
One
is
in
the
stocks
for
suspition
of
felony
,
and
is
let
out
by
a
stranger
;
it
is
felony
,
although
the
party
who
escaped
is
not
indicted
,
Cro.
35.
a.
nu.
3.
Restitution
of
Possession
.
None
shall
have
restitution
but
such
as
are
put
out
of
house
or
land
,
Dal.
214.
Cro.
162.
b.
Lamb.
153.
If
it
be
found
upon
enquiry
that
any
have
entred
or
held
with
force
,
contrary
to
the
statute
8
H
6.
c.
9.
the
Justice
of
Peace
may
re-seise
and
put
the
party
so
put
out
in
full
possession
,
Cro.
161.
b.
Dal.
214.
but
the
puttin●
out
must
first
be
found
,
Lam.
152.
Cro.
ibid.
The
Justice
of
Peace
needeth
not
to
stay
o●
stand
upon
the
right
or
title
of
either
party
▪
Dal.
214.
Cro.
164.
a.
No
restitution
is
to
be
made
where
there
was
only
a
possession
in
law
,
Lam.
153.
Dal
▪
217.
In
a
restitution
it
is
not
enough
that
th●
putting
out
be
found
,
unless
the
indictment
d●
also
contain
in
it
adhuc
extra
tenet
,
Dal.
214
▪
Cro.
163.
b.
Lam.
153.
Restitution
ought
to
be
made
to
none
other
then
the
party
put
out
,
Dal.
214.
Cro.
162
▪
b.
Lam.
153.
After
the
entring
or
detaining
with
forc●
found
,
the
Justice
of
Peace
may
by
himself●
or
precept
to
the
Sheriff
under
the
test
.
o●
himselfe
alone
restore
the
party
grieved
to
hi●
possession
,
Dal.
216.
Lam.
156.
None
can
make
restitution
but
they
before
whom
the
Indictment
is
found
,
but
the
Justices
of
the
Kings
Bench
,
either
upon
certificate
made
by
the
Justice
of
Peace
before
whom
i●
was
found
,
of
the
presentment
,
or
if
the
said
presentment
or
indictment
be
removed
by
Certiorari
,
Dal.
216.
Lam.
157
,
158.
If
the
Sheriff
return
upon
a
precept
or
wri●
of
restitution
that
he
cannot
make
restitutio●
for
resistance
,
he
shall
be
amerced
,
for
he
may
take
the
power
of
the
county
,
Dal.
216.
Lam.
158.
C●o.
163.
b.
Justice
of
Peace
before
whom
the
presentment
was
made
,
dieth
before
restitution
;
quare
,
whether
the
Justices
at
the
Sessions
can
award
it
,
Lam
157.
Justices
of
Peace
ought
not
to
award
restitution
where
the
indictment
is
insufficient
in
Law
,
either
in
matter
or
form
,
Dalton
.
215.
In
the
indictment
,
1.
not
only
an
entry
must
be
,
but
also
a
putting
out
:
2.
the
Indictment
must
express
the
quality
of
the
thing
,
(
viz.
)
whether
it
be
messuage
,
cottage
,
meadow
,
pasture
,
wood
,
or
land
arable
:
3.
it
must
say
,
Et
adhuc
extra
tenent
:
4.
Expule●●nt
&
adhuc
extra
tenent
:
5.
one
of
these
two
words
,
manu
forti
,
or
cum
multitudine
,
Dal.
214
,
215.
Cro.
169.
b
,
163.
b.
Lam.
153.
If
error
or
insufficiency
be
in
the
Indictment
taken
before
Justices
of
Peace
,
and
restitution
awarded
,
any
two
Justices
of
those
that
were
present
at
the
taking
thereof
may
at
another
Sessions
,
or
without
Sessions
grant
a
supersedeas
,
if
the
Sheriff
have
not
made
restitution
before
,
Dal.
214.
Cro.
162.
a.
If
restitution
be
made
by
Justices
upon
an
insufficient
indictment
,
and
it
be
removed
into
the
Kings
Bench
,
the
Court
will
restore
the
party
put
out
by
the
Justice
of
Peace
,
Dal.
215.
Cro.
168.
a.
Causes
to
stay
restitution
.
1.
No
restitution
upon
an
Indictment
to
be
made
,
if
the
party
indicted
hath
had
the
occupation
,
or
been
in
quiet
possession
three
years
together
,
next
before
the
day
of
the
indictment
found
,
and
his
estate
not
ended
,
which
the
party
may
alledge
for
stay
of
restitution
,
until
it
be
tried
,
if
the
other
will
traverse
or
deny
the
same
,
31
Eliz.
cap.
11.
Dal.
219.
2.
Certiorari
.
3.
A
traverse
:
quaere
Lam.
158.
4.
Insufficiency
of
the
indictment
.
5.
Insufficiency
of
the
Jurors
not
having
4●
shill
.
land
by
the
year
,
Dal.
218.
Lam.
152
▪
Cro
▪
165.
b.
Quaere
.
Justice
of
Peace
upon
indictment
found
may
give
restitution
as
formerly
to
free-holders
,
to
tenants
for
years
by
copy
of
Cou●●
guardians
in
Knights-service
,
tenants
by
E●git
,
stat.
Merchants
or
Staple
,
Dal.
207.
21
●●●
c.
15.
The
disseisee
outeth
the
desseisor
by
forc●
the
desseisor
shall
be
restored
,
Lam.
148.
D●●
217.
Upon
traverse
the
Justice
may
stay
resttution
,
Dal.
ibid.
The
disseisee
entreth
peaceably
,
and
keepeth
out
the
disseisor
by
force
;
the
disseiso●
shall
not
be
restored
,
because
the
disseiso●
had
the
younger
title
.
But
the
disseisee
sha●●
be
imprisoned
and
fined
,
because
he
hel●
with
force
,
Cro.
162.
b.
&
164.
b.
Dal.
217.
The
disseisee
entreth
quietly
upon
th●
disseisor
,
and
so
abide
together
divers
daies
&
then
the
disseisee
putteth
out
the
disseiso●
by
force
,
the
disseisor
shall
not
be
restored
Dal.
217.
Cro.
163.
a.
b.
Wife
,
children
,
and
servants
do
preserve
possession
,
but
cattel
on
the
ground
do
not
Dal.
ibid.
Cro.
164.
b.
Two
are
in
possession
by
several
titles
i●
one
house
,
the
law
judgeth
him
in
possessio●
who
hath
the
best
right
to
the
possession
As
A.
enters
wrongfully
upon
B.
and
bot●
do
continue
in
the
house
;
afterwards
F.
pu●
out
A.
with
force
;
A.
shall
not
be
restored
for
A.
never
gained
possession
by
his
entry
,
Dal.
217.
Cro.
163.
b.
‛
Two
are
joynt-tenants
or
tenants
in
common
,
whereof
one
forcibly
putteth
the
other
out
of
possession
:
Quaere
what
a
Just.
of
Peace
may
do
therein
,
for
that
his
entry
and
possession
is
lawful
,
Dal.
217.
Pax
regis
39.
Restitution
of
stoln
goods
.
He
that
hath
goods
stoln
,
if
the
felon
be
●hereof
indicted
and
arraigned
,
and
found
●uilty
thereof
,
or
otherwise
attained
by
rea●on
of
evidence
given
by
the
party
robbed
,
●r
the
owner
of
the
goods
,
or
other
by
their
●rocurement
,
then
the
goods
shall
be
restored
●●ough
they
never
made
fresh
suit
,
Dal.
306.
●●o
.
191.
a.
Lam.
586.
And
the
Justices
have
power
to
award
writs
●
restitution
,
21
H.
8.
c.
11.
Lam.
586.
Cro.
●1
.
a.
Br.
Restitution
22.
Dal.
306.
Executors
shall
have
restitution
after
at●inder
or
conviction
upon
evidence
by
●●eir
means
given
,
Dal.
306.
Three
are
robbed
,
restitution
shall
be
one●●
to
such
for
whose
goods
the
felon
was
in●●cted
,
Dal.
306.
Cro.
191.
a.
A
felon
stealeth
from
several
men
,
is
attain●d
only
at
the
suit
of
one
;
the
King
shall
●ave
the
goods
of
those
at
whose
suit
he
was
●ot
attainted
,
Dal.
306.
There
be
divers
thieves
,
and
onely
one
●rincipal
is
attainted
,
the
robbed
shall
have
●●stitution
,
Dal.
307.
If
the
felon
sold
the
stoln
goods
in
market
●vert
,
or
in
a
fair
,
no
restitution
,
except
he
that
bought
them
were
privy
to
selony
,
ibid
Cro.
191.
a.
No
restitution
of
stolen
goods
,
if
he
know
not
the
felon
,
Dal.
307.
No
restitution
if
the
felon
leaveth
th●
goods
and
escapeth
,
and
the
Lord
of
th●
Manour
seiseth
them
,
Dal.
307.
If
the
felon
had
not
the
goods
in
his
posse●sion
when
he
fled
,
but
left
them
elswhere
they
are
not
waived
,
but
the
owner
m●●
take
them
wheresoever
he
findeth
them
;
●●
5.
109.
Dal.
307.
A
man
had
his
horse
stoln
,
and
so
he
pu●lished
it
,
but
knew
not
who
stole
it
,
so
th●
he
could
not
indict
him
,
&c.
It
seemeth
th●
he
shall
not
have
his
horse
again
,
for
it
w●
his
folly
to
publish
that
it
was
stoln
,
●●
he
might
have
demanded
it
as
lost
.
A●
when
he
knew
who
took
his
horse
,
might
afterwards
indict
him
,
Cro.
191.
b.
Return
.
Recognizance
taken
by
the
Justice
of
Pea●
ex
officio
,
ought
to
be
returned
at
the
next
●●
Sessions
,
Lam.
109.
Dal.
173.
Cro.
139.
a.
S●plicavit
is
to
be
returned
into
the
Co●
whence
it
came
,
Lam.
107.
Dal.
177.
Return
of
a
Recognizance
upon
a
Suppl●vit
,
is
not
of
necessity
till
Certiorari
,
Lam.
10
Return
of
Jurors
,
vide
Jurors
.
Vide
Recognizance
,
&
Release
,
&
Certcate
.
Riots
.
Riot
is
where
three
or
more
persons
disorderly
ass●mbled
to
commit
with
fo●
any
unlawful
act
,
and
do
accordingly
execute
or
attempt
the
same
,
Lam.
176.
Cro.
61.
a.
nu
.
2.
Dal.
221.
Three
or
more
enter
into
land
with
force
,
&c.
where
their
entry
is
lawful
,
it
is
a
riot
,
Dal.
226.
Cro.
64.
a.
nu.
49.
What
Assemblies
shall
not
be
said
a
Riot
.
1.
Sheriff
or
Bailiff
levy
people
to
serve
the
Kings
Writs
,
Lam.
178.
Dal.
223.
2.
Constable
gathereth
assistance
of
men
with
weapons
to
part
an
affray
,
Lam.
178.
3.
A
man
threatned
to
be
beaten
in
his
house
,
assembleth
company
with
force
,
otherwise
of
a
threatning
to
be
beat
as
he
goeth
to
market
,
Lam.
179.
Dal.
224.
Cro.
64.
a.
nu.
42.
4.
Many
assemble
together
,
and
they
know
not
to
what
end
,
Lam.
179.
Cro.
61.
b.
nu.
7.
Dal.
222.
5.
Many
assemble
at
a
Church-ale
,
or
at
a
Christmas
dinner
,
and
they
suddenly
fall
out
and
sight
,
Lam.
179.
Dal●
.
maketh
quaere
223.
6.
A
number
of
women
and
children
under
the
age
of
discretion
flock
together
for
their
own
cause
,
unless
moved
by
a
man
of
discretion
to
do
some
unlawful
act
,
Lamb.
180.
Dal.
226.
7.
To
gather
meet
company
to
carry
away
a
piece
of
timber
which
will
not
be
moved
without
a
good
many
,
whereto
I
pretend
right
,
though
in
law
it
be
anothers
,
I
am
.
178.
yet
if
he
use
threatning
words
,
as
to
say
he
will
have
it
in
spight
of
the
other
,
or
though
he
die
for
it
,
his
doing
may
then
become
a
riot
,
Dal.
225.
Lam.
ibid.
8.
To
meet
to
drink
at
an
ale-house
,
to
play
at
foot-ball
,
bucklers
,
bear
or
bull-baiting
,
dancing
,
bowls
,
cards
or
dice
,
or
such
like
disports
,
Dal.
223.
Lam.
178.
Cro.
61.
b.
nu.
7.
9.
To
use
harness
on
Midsummer-day
at
night
in
London
,
or
on
May-day
in
the
countrey
,
Lam.
178.
Cro.
64.
a.
nu.
43.
Dal.
223.
The
master
intending
a
riot
,
taketh
with
him
his
ordinary
servants
,
who
know
not
his
intent
,
it
is
no
riot
in
the
servants
,
Lam.
179.
Cro
61.
b.
62.
a.
nu.
13.
Dal.
222.
A
Jury
falleth
out
and
fighteth
,
it
is
no
riot
,
Dal.
222.
Lam.
180.
If
any
assemble
for
any
disports
,
as
aforesaid
,
with
intent
to
break
the
peace
,
and
make
an
affray
,
or
do
other
outrage
,
it
seemeth
to
be
a
riot
in
so
many
as
come
with
such
intent
,
Dal.
223.
Quaere
if
falling
out
suddenly
at
such
a
meeting
,
and
then
falling
to
take
parts
,
be
a
riot
,
Dal
▪
223
,
224.
But
if
by
agreement
they
meet
again
and
fight
,
it
is
a
riot
,
ibid.
Vide
Dal.
224.
Cro.
61.
b.
nu.
12.
It
can
be
no
riot
,
except
there
be
an
intent
precedent
to
do
some
unlawful
act
with
force
,
Dal.
222.
Cro.
62.
a.
nu.
13.
Yet
if
a
man
go
to
Sessions
or
market
with
his
servants
in
harness
,
though
there
be
no
intent
to
commit
a
riot
,
yet
the
manner
maketh
a
riot
,
Cro.
61.
a.
Vide
2
E.
3.
cap.
3.
Dal.
225.
What
one
Justice
of
Peace
is
to
do
in
case
of
Riots
.
He
may
prevent
a
riot
before
it
be
done
,
or
stay
it
in
the
doing
,
and
in
the
doing
may
take
and
imprison
the
rioters
,
and
bind
them
to
their
good
behaviour
,
Dalt
.
109.
Lam.
181.
A
riot
being
done
,
Justices
of
Peace
can
neither
record
the
riot
,
nor
make
enquiry
,
nor
assess
the
fine
,
nor
award
process
,
nor
meddle
with
it
,
but
only
as
a
trespass
against
the
peace
,
or
upon
the
statute
of
Northampton
of
forcible
entry
,
Dal.
110.
Lam.
181.
Justices
of
Peace
sitting
in
a
judicial
place
,
and
seeing
a
riot
,
may
command
them
to
be
arrested
,
and
record
it
,
and
it
concludeth
the
offenders
,
Dal.
110.
Cro.
65.
nu.
54.
Lam.
385.
But
a
Justice
of
Peace
in
ano●her
place
seeing
a
riot
,
and
recording
it
,
the
parties
may
traverse
it
,
ibid.
Cro.
65.
a.
nu.
53.
Lam.
386.
Every
Justice
of
Peace
being
of
and
in
the
county
,
having
notice
of
any
riot
,
ought
to
have
a
care
to
execute
the
statute
13
H.
4.
c.
7.
viz.
that
the
rioters
be
arrested
,
&c.
and
removed
,
otherwise
the
next
Justices
for●eit
an
hundred
pound
a
piece
,
and
every
other
Justice
in
whom
there
shall
be
default
,
fineable
in
the
Star-Chamber
,
Dal.
110.
Cro.
124.
a.
nu.
22.
One
Justice
of
Peace
may
arrest
rioters
,
enforce
them
to
find
sureties
for
the
peace
or
good
behaviour
,
or
in
default
commit
them
to
prison
,
Dal.
112.
Cro.
157.
b.
Lam.
181.
A
Justice
of
Peace
not
finding
the
rioters
come
to
the
place
,
may
leave
his
servants
to
restrain
the
rioters
when
they
come
,
or
else
arrest
them
if
they
offer
to
break
the
peace
,
Dal.
110.
Lam.
181.
Br.
Peace
7.
If
the
Justice
of
Peace
be
sick
,
he
may
send
his
servant
to
repress
a
riot
,
or
to
arrest
such
offenders
,
and
bring
them
before
him
to
find
sureties
for
the
peace
,
and
his
command
by
word
is
sufficient
,
Dal.
110.
Cro.
64.
a.
nu.
45.
&
148.
b.
One
Justice
of
Peace
may
cause
all
statuts
for
suppressing
of
riots
to
be
put
in
execution
,
Dal.
111.
If
the
riot
be
notorious
,
it
is
not
safe
to
stay
complaint
or
information
,
Dal.
111.
What
two
Justices
of
Peace
may
do
in
a
Riot
They
ought
to
send
for
the
Sheriff
or
Under-sheriff
,
if
none
of
them
come
,
Dalt
.
112.
Lam.
327.
If
one
or
two
next
Justices
do
come
,
and
not
the
Sheriff
or
Under
sheriff
,
such
as
come
shall
be
excused
of
their
fine
of
100
pound
,
Dal.
111.
Lam.
327
Cro.
63.
b.
nu.
35.
If
one
Justice
of
Peace
in
the
county
shall
execute
the
statute
of
13
H.
4.
c.
7.
it
shall
excuse
the
next
Justices
,
Dal.
112.
Lam.
326
,
327.
Two
Justices
of
Peace
present
without
the
Sheriff
,
are
fineable
if
they
do
not
all
which
by
the
statute
of
13
H.
4.
c.
7
ought
to
be
done
,
Dal.
112
,
Lam.
327.
If
two
Justices
of
Peace
(
without
the
Sheriff
or
Under-Sheriff
)
See
persons
committing
a
Riot
,
they
may
cause
them
to
be
arrested
,
and
record
it
,
Lam.
319.
Quaere
.
The
particulars
which
the
two
next
Justices
of
Peace
with
the
Sheriff
or
Vnder-Sheriff
must
do
upon
the
statute
of
13
H.
4.
c.
7.
Dal.
113.
1.
They
must
go
to
the
place
where
the
riot
is
,
Dal.
113.
2.
They
shall
take
the
power
of
the
county
(
viz.
)
all
above
15
years
of
age
,
under
the
degree
of
Barons
,
upon
pain
of
imprisonment
,
fine
and
ransome
,
Dal.
114.
Cro.
157.
b.
Lam.
314
,
315.
It
is
not
good
to
raise
the
power
of
the
county
without
certain
information
and
knowledge
,
yet
they
may
do
it
upon
information
,
(
though
it
be
false
,
)
and
be
excused
,
or
without
information
,
if
when
they
come
they
find
one
,
Dal.
114.
Lam.
315
,
316.
Cro.
64.
b.
nu.
49.
3.
They
shall
arrest
all
such
offenders
,
or
cause
them
to
be
arrested
,
and
remove
the
force
,
commit
to
prison
the
rioters
,
and
take
away
their
weapons
,
Dal.
114.
Lamb.
316
,
317.
And
all
such
as
come
into
the
company
,
if
they
be
present
,
shall
be
arrested
,
imprisoned
,
and
fined
,
as
it
seemeth
,
Dal.
115.
Such
as
they
meet
coming
from
the
place
riotously
arraied
,
they
may
arrest
and
imprison
,
but
cannot
record
any
riot
done
by
them
,
but
after
enquiry
may
fine
them
,
Dal.
114.
Lam.
316.
Cro.
63.
a.
nu.
32.
The
Justices
see
the
riot
committed
,
and
the
rioters
escape
;
they
must
record
it
,
and
cannot
arrest
them
but
upon
fresh
suit
,
which
record
must
be
sent
into
the
Kings
Bench
,
that
process
may
come
from
thence
,
Dal.
115.
Lam.
318.
The
Justices
may
grant
a
warrant
for
such
as
they
saw
escaping
,
to
be
bound
to
the
good
behaviour
,
Dal.
115.
Cro.
196.
a.
nu.
27.
And
so
they
may
do
upon
information
,
but
it
is
best
to
do
it
upon
inquiry
,
and
so
to
fine
them
,
Dal.
115.
In
execution
of
the
said
arrest
of
rioters
,
the
Justices
may
justifie
the
beating
,
wounding
,
or
killing
of
any
the
rioters
which
resist
or
will
not
yield
,
Dal.
115.
Lam.
316.
Cro.
62.
b.
nu.
20.
&
158.
b.
4.
After
arrest
the
Justices
,
Sheriff
or
Under
sheriff
shall
record
the
riot
in
writing
,
(
viz.
)
all
that
shall
be
done
in
their
presence
against
law
,
which
ought
to
be
formal
and
certain
,
as
time
,
place
,
number
,
weapons
,
manner
,
&c.
Dal.
119.
Cro.
63.
a.
nu.
31.
Lam.
316
,
317.
The
form
of
the
record
,
v
de
Dal.
401.
La.
220.
If
in
going
to
see
a
riot
,
another
riot
happen
in
their
presence
they
may
record
it
,
arrest
and
imprison
the
offenders
,
Dal.
115.
Lam.
318.
If
the
rioters
make
a
riot
upon
the
Justices
,
they
may
record
it
also
,
Dal.
115.
Justices
record
a
riot
,
and
upon
examination
it
appears
no
riot
,
or
saw
it
not
,
or
there
was
no
riot
,
yet
the
parties
are
concluded
,
Dal.
116.
Cro.
63.
a.
nu.
33
,
65.
a.
nu.
56
,
130.
a.
Lam.
317.
5.
The
Justices
are
presently
to
commit
rioters
to
the
goal
,
and
the
power
of
the
county
ought
to
be
aiding
to
the
Sheriff
or
Under-sheriff
,
Dal.
116
,
117.
None
may
commit
the
rioters
but
the
Justices
who
had
the
view
,
Dal.
116.
If
the
Justices
and
Sheriff
or
Under-sheriff
commit
to
prison
the
offenders
,
and
do
not
record
the
riot
,
every
one
of
them
loseth
100
pound
,
or
do
record
the
riot
,
and
do
not
commit
the
offenders
,
Dal.
117.
Cro.
61.
●
.
nu.
10.
6.
The
said
Justices
and
none
other
shall
assess
the
fine
upon
the
offenders
,
which
by
the
statute
of
1
H.
5.
c.
8.
ought
to
be
of
good
value
,
that
thereout
the
charges
of
the
Justices
and
other
officers
may
be
born
,
yet
must
it
be
reasonable
and
just
,
Dal.
116.
Lam.
●17
.
Cro.
161.
a.
nu.
45.
The
fines
must
be
imposed
upon
every
offender
severally
,
Dal.
117.
Co.
lib.
11.
43
,
44.
The
fine
must
be
estreated
into
the
Exche●uer
,
Dal.
117
and
then
to
deliver
the
offen●er
as
it
seemeth
,
ibid.
The
Justices
,
as
it
seemeth
,
may
out
of
the
●ines
pay
the
charges
of
the
said
Justices
,
●nd
of
the
Jury
who
made
the
enquiry
,
for
●heir
diet
,
and
the
Sheriffs
fees
;
and
the
Ju●ices
Cla●k
who
maketh
up
the
record
,
may
●ave
his
fees
out
of
that
money
,
or
rather
●ay
take
of
every
offender
12
pence
when
●hey
pay
their
fines
,
Dal.
119.
Or
the
Justices
may
record
the
riot
,
commit
the
offender
,
and
after
certifie
the
recordto
the
Assizes
,
Sessions
,
or
Kings
Bench
,
Dal.
11●
.
The
record
may
be
delivered
at
the
Sessions
to
the
Clark
of
the
Peace
,
together
with
the
residue
of
the
money
remaining
of
the
fine
,
Dal.
119.
Where
the
Justices
of
Peace
are
remiss
in
punishing
the
rioters
,
the
Lords
in
the
Star-chamber
may
&
do
often
assess
greater
fines
for
the
same
riot
,
Dal.
120.
Cro.
63.
a.
nu.
30.
7.
If
the
riot
was
not
committed
in
the
presence
of
the
Justices
,
or
the
rioters
gone
before
their
coming
,
two
Justices
at
least
within
one
moneth
next
after
must
enquire
thereof
by
a
Jury
returned
by
the
Sheriff
,
and
record
the
riot
being
found
,
which
is
to
remain
with
one
of
the
said
Justices
,
Dal.
117.
Lam.
321.
The
form
of
such
enquiry
,
vide
Dal.
402.
Lam.
329.
Enquiry
shall
not
be
unless
the
rioters
be
gone
,
Dal.
117.
It
is
not
necessary
that
one
of
the
Justices
of
Peace
be
of
the
Quorum
,
Dal.
118.
Cro.
62.
b.
nu.
25.
The
enquiry
may
be
made
at
any
time
after
the
moneth
;
but
if
it
be
not
within
the
moneth
,
the
Justices
are
in
danger
to
lose
100
pound
:
yet
if
the
Jury
be
charged
within
the
moneth
,
and
have
day
after
to
give
up
the
verdict
,
the
statute
is
not
broken
,
Dal.
118.
Lam.
322.
At
the
enquiry
the
Sheriff
or
Under-sherif
must
be
present
,
but
then
as
Ministers
onely
,
Dal.
118.
Lam.
321.
The
Justices
assemble
to
enquire
within
the
moneth
,
the
parties
agree
,
and
the
Justices
dismiss
there
upon
the
Jury
,
the
Justices
shall
be
fined
,
though
none
will
solicite
the
Inquest
,
or
give
evidence
to
the
Jury
;
for
the
Justices
ought
to
proceed
ex
officio
,
seeing
some
of
the
Jury
may
have
knowledge
of
the
riot
,
and
they
ought
to
make
proclamation
if
any
will
give
evidence
,
Dal.
118.
Lam.
322.
If
at
the
parties
request
the
Justices
dismiss
the
Jury
without
enquiry
,
they
are
sineable
in
the
Star
Chamber
to
the
King
,
Dal.
118.
P.
R.
29.
The
Justices
may
bind
to
the
good
behaviour
the
parties
complaining
of
the
riot
,
who
caused
them
to
meet
,
and
will
not
prosecute
for
the
King
,
but
have
agreed
it
,
Dalton
118.
Though
the
Justices
go
not
to
see
the
riot
,
yet
they
may
enquire
within
a
month
after
,
Lam.
321.
8.
After
enquiry
had
and
the
riot
found
,
the
Justices
have
power
to
hear
and
determine
the
same
,
(
viz.
)
First
to
make
out
process
against
the
offenders
under
their
own
test
.
Secondly
,
to
assess
the
fine
.
Thirdly
,
to
commit
till
they
have
paid
the
fine
.
Fourthly
,
to
deliver
them
after
paiment
of
their
fine
,
or
sareties
taken
by
recognizance
,
or
otherwise
they
may
receive
their
traverse
,
if
the
matter
will
serve
,
and
dismiss
them
,
Dal.
119.
Lam.
323.
Br.
Impris.
100.
But
the
Justices
should
send
such
Indictment
or
inquisition
to
the
next
Quarter
Sessions
,
or
into
the
Kings
Bench
together
,
with
the
said
traverse
,
there
to
be
tried
,
P.
R.
30.
Dal
,
119.
9.
If
the
riot
upon
enquiry
cannot
be
found
,
the
Justices
and
Sheriff
must
certifie
into
the
Star-Chamber
,
or
Councel-Board
,
or
Kings
Bench
,
the
whole
fact
and
circumstance
,
with
the
names
of
the
offenders
sub
poena
,
Dal.
120.
Lam.
323
,
324.
Praemunire
Br.
1.
The
certificate
must
be
made
within
a
moneth
after
the
enquiry
,
or
else
it
is
of
no
force
,
Dal.
121.
Lam.
344.
Though
two
Justices
with
the
Sheriff
see
the
riot
,
yet
two
other
Justices
may
make
the
enquiry
,
and
they
all
together
,
or
the
first
two
,
or
last
two
,
with
the
Sheriff
or
Under-sheriff
,
may
make
the
certificate
,
Dal.
121.
Lam.
325.
Where
the
several
certificates
be
made
,
or
certificate
and
enquiry
do
disagree
,
the
best
for
the
King
shall
be
preferred
,
Dal.
121.
Lam.
325.
If
the
Jury
find
but
some
guilty
,
the
Justices
may
certifie
the
rest
,
Dal.
121.
Lam.
325.
Any
material
thing
left
out
in
the
inquisition
,
may
be
supplied
in
the
certificate
,
Dal.
121.
Quaere
if
after
enquiry
and
before
certificate
the
Sheriff
die
,
or
one
of
the
Justices
be
put
out
of
Commission
,
whether
a
certificate
can
be
made
,
Dal.
121.
Vide
Lam.
326.
Upon
the
certificate
of
two
Justices
and
the
Sheriff
,
the
Lord
Chancellour
may
grant
a
Capias
to
attach
the
offenders
,
Dal.
121.
Lam.
313
,
Upon
default
of
the
Justices
and
Sheriff
in
not
executing
the
statute
13
H.
4.
c.
7.
the
party
grieved
may
have
a
Commission
out
of
the
Chancery
,
to
enquire
of
the
riot
,
as
also
of
the
Justices
and
Sheriffs
default
,
Dalton
121.
Also
the
Lord
Chancellour
may
send
his
writ
to
the
Justices
and
Sheriff
to
execute
the
statute
of
13.
H.
4.
c.
7.
Dal.
121.
The
Justices
and
other
officers
shall
do
their
offices
at
the
Kings
charge
in
going
,
carrying
and
returning
,
in
doing
of
their
said
offices
,
by
paiment
thereof
to
be
made
by
the
Sheriff
for
the
time
being
,
by
Indenture
betwixt
him
and
the
said
Justices
and
other
officers
aforesaid
to
be
made
of
the
paiment
thereof
,
whereof
the
Sheriff
upon
his
account
in
the
Exchequer
shall
be
allowed
,
2
H.
5.
c.
8.
The
Sheriff
is
to
return
24
,
whereof
every
one
hath
lands
and
tenements
within
the
same
shire
of
20
s.
per
ann
.
of
charter
lands
,
or
26
s.
8
d.
of
copyhold
,
or
of
both
ultra
reprisas
;
and
must
return
for
issues
upon
every
one
at
the
first
day
20
s.
at
the
second
40
s.
if
they
do
not
appear
and
be
sworn
the
first
day
.
And
the
Sheriff
or
Under-sheriff
not
returning
persons
sufficient
,
loseth
for
every
one
20
li.
to
the
King
,
19
H.
7.
cap.
13.
If
the
riot
,
rout
,
or
unlawful
assembly
be
not
found
by
the
Jury
by
reason
of
any
maintainance
or
embracery
of
the
Juries
,
the
Justice
,
Sheriff
,
or
Under-sheriff
,
(
besides
such
certificate
to
be
made
by
13
H.
4.
)
shall
in
the
same
certificate
,
certifie
the
names
of
the
maintainers
or
embracers
,
upon
pain
of
every
Justice
,
Sheriff
,
or
Under-sheriff
20
li.
(
if
they
have
not
reasonable
excuse
)
which
certificate
shall
be
of
force
,
as
if
the
matter
therein
found
were
found
by
the
verdict
of
twelve
men
.
And
every
maintainer
and
embracer
forfeiteth
twenty
pound
,
and
to
be
committed
to
ward
,
to
remain
during
the
discretion
of
the
Justices
,
19
H.
7.
c.
13.
Indictment
of
a
riot
is
not
good
unless
it
say
contra
formam
statuti
inde
editi
&
prov●si
,
Cro.
102.
a.
nu.
19.
Rivers
.
Every
Justice
of
Peace
is
a
conservatour
of
rivers
within
his
county
,
and
may
survey
the
wears
in
rivers
that
they
be
of
reasonable
wideness
,
Lam.
189.
Robbery
.
Robbery
is
a
violent
taking
away
of
any
goods
from
any
mans
person
,
with
intent
to
steal
them
,
and
putting
him
in
fear
thereby
,
though
the
thing
taken
be
but
to
the
value
of
an
half-peny
,
Cro.
33.
b.
nu.
1.
Lam.
267.
Dal.
260.
But
if
a
felon
take
money
from
me
in
the
high-way
,
and
shall
not
put
me
in
fear
,
it
is
not
robbery
,
Dal.
260.
Cro.
34.
b.
nu.
12.
Lam.
266.
If
a
thief
take
nothing
from
my
person
,
but
assaulteth
me
,
whereby
he
getteth
any
thing
from
me
,
it
is
robbery
,
Dal.
260.
As
,
1.
I
cast
my
purse
on
the
ground
,
and
he
taketh
it
away
,
Lam.
268.
Dal.
261.
2.
After
assault
he
prayeth
me
to
give
him
a
penny
,
and
I
do
so
,
Dal.
261.
3.
If
upon
assault
I
deliver
my
purse
,
Dal.
261.
Cro.
34.
b.
nu.
10.
Lam.
267
,
268.
4.
If
flying
from
a
thief
,
I
cast
my
purse
into
a
bush
,
and
he
doth
afterwards
take
it
away
,
Dal.
261.
Cro.
35.
a.
nu.
10.
Lam.
268.
5.
If
upon
assault
I
flie
away
,
and
my
hat
fall
,
and
the
thief
carry
it
away
,
Cro.
35.
a.
nu.
18.
Dal.
261.
6.
If
a
thief
bid
me
deliver
my
purse
,
(
without
any
force
used
)
and
I
deliver
it
,
and
he
finding
but
two
shillings
in
it
,
delivers
it
again
,
Cro.
34.
b.
nu.
10.
Dal.
261.
7.
If
by
threats
he
compel
me
to
swear
to
bring
him
mony
,
and
afterward
I
bring
him
the
mony
accordingly
,
Dal.
ibid.
Lamb.
268.
In
some
cases
it
is
robbery
,
though
the
thief
neither
take
it
from
my
person
,
nor
assault
me
.
As
,
1.
A
thief
taketh
my
goods
openly
in
my
presence
against
my
will
,
the
fear
is
the
like
as
if
it
had
been
from
my
person
,
Cro.
34.
a.
nu.
5.
Lam.
269.
Dal.
261.
2.
To
take
a
horse
or
a
beast
out
of
my
pasture
,
I
looking
on
,
if
the
felon
put
me
in
fear
,
Dal.
ibid.
Cro.
34.
b.
nu.
5.
3.
To
make
it
robbery
,
the
person
must
be
put
in
fear
,
Cro.
34.
b.
nu.
12.
Dal.
261.
4.
Two
come
to
rob
me
,
and
one
acteth
it
,
being
out
of
the
sight
of
the
other
,
who
after
returneth
to
him
;
it
is
robbery
in
both
,
Cro.
34.
a.
nu.
●0
.
Lamb.
270.
28.
El.
Pudseys
case
,
Dal.
262.
To
assault
one
to
rob
him
without
taking
any
thing
,
is
not
robbery
,
Cro.
34.
a.
nu.
9.
Dal.
261.
After
a
robbery
committed
,
the
Hundred
must
answer
the
loss
,
if
the
robbers
be
not
taken
within
40
daies
:
if
it
be
done
in
the
division
of
two
Hundreds
,
both
Hundreds
and
the
franchises
within
them
must
be
answerable
,
and
the
hundred
wherein
defect
of
fresh
suit
is
,
the
one
moity
,
Dal.
131.
27
El.
c.
13.
No
person
robbed
shall
bring
any
action
upon
the
statute
of
Hue
and
Cry
,
except
he
be
first
examined
within
20
daies
next
before
the
action
brought
,
upon
his
corporal
oath
before
some
one
Justice
of
Peace
of
the
County
where
the
robbery
was
committed
,
whether
he
doth
know
any
of
them
that
did
the
robbery
;
upon
which
examination
,
if
he
confess
he
knoweth
any
of
them
,
then
shall
he
before
such
action
brought
,
enter
into
recognizance
before
the
said
Justice
,
effectually
to
prosecute
such
persons
by
Indictment
or
otherwise
according
to
the
due
course
of
the
laws
of
this
Realm
,
27
El.
c.
13.
Lam.
202.
Da.
ib.
After
robbery
committed
,
the
robbed
shall
not
recover
against
the
Hundred
,
except
1.
with
all
convenient
speed
he
give
notice
of
the
robbery
to
some
inhabitant
neer
to
the
place
where
the
robbery
was
committed
.
2.
He
commence
his
action
within
a
year
and
a
day
next
after
such
robbery
committed
.
3.
He
be
examined
ut
suprà
,
before
a
Just.
of
Peace
,
Dal.
131.
Any
two
Justices
of
Peace
in
the
Hundred
,
one
being
of
the
Quorum
,
may
assess
all
towns
and
parishes
in
the
said
Hundred
and
Liberties
therein
,
upon
recovery
and
execution
had
against
any
of
the
Hundred
,
towards
●●equal
contribution
;
which
mony
the
Constable
must
deliver
to
the
same
Justices
within
ten
daies
after
collection
,
and
they
up●n
request
,
to
those
to
whose
use
it
was
col●ected
,
Dal.
132.
Cro.
197.
a.
And
the
Hundred
shall
be
assessed
in
like
●ort
in
default
of
pursuit
of
fresh
Hue
and
Cry
,
Dal.
ibid.
Robbery
in
a
house
doth
not
charge
the
●undred
,
whether
it
be
done
in
the
day
or
in
●he
night
,
ibid.
The
Hundred
is
discharged
upon
taking
of
●ny
of
the
offenders
by
pursuit
,
Dal.
133.
so
if
●he
party
robbed
take
any
of
the
offenders
af●er
Hue
and
Cry
made
,
Dal.
ibid.
Robbing
of
an
house
.
1.
Robbing
a
house
or
any
out-house
,
as
a
barn
or
stable
in
the
day
,
to
the
value
of
5
●hill
.
2.
Robbing
a
house
by
day
or
by
night
,
any
person
being
therein
,
and
thereby
put
in
fear
.
3.
Robbing
any
person
in
any
part
of
his
dwelling-house
,
the
owner
or
dweller
,
wife
children
,
or
servants
being
in
any
place
within
the
precinct
of
the
same
,
sleeping
or
waking
.
4.
Robbing
any
Booth
or
tent
in
fair
or
marke●
,
the
owner
,
his
wife
,
children
or
servants
being
in
the
same
,
sleeping
or
waking
.
A●l
these
are
as
penal
as
Burglary
,
Dal.
287
,
Lam.
265.
39
El.
c.
15.
21
H.
8.
c.
1.
5
E.
6.
c.
9
Rogues
.
All
persons
here
under
mentioned
,
being
above
the
age
of
7
years
,
may
be
punished
as
Rogues
,
Dal.
123.
39
El.
c.
4.
1.
All
going
about
begging
upon
any
pretence
or
colour
,
though
licensed
by
any
subject
,
except
in
some
particular
cases
after
mentioned
,
Dal.
ibid.
Lam.
442.
2.
All
going
about
the
country
using
any
subtile
craft
or
unlawful
games
,
as
fortune-tellers
,
juglers
,
Dal.
ibid.
3.
All
proctours
,
patent-gatherers
,
or
collectors
for
prisons
and
hospitals
,
Lam.
442.
Dal.
ibid.
4.
All
fencers
,
bear-wards
,
common-players
of
interludes
,
and
minstrels
wandring
abroad
,
Dal.
ibid.
Lam.
443.
1
Jac.
c.
7.
5.
All
pedlers
,
pety-chapmen
,
tinkers
,
and
glass-men
wandring
abroad
,
1
Jac.
c.
7.
Dalt
.
ibid.
Lamb.
443.
21
Jac.
c.
28.
6.
All
wandring
labourers
able
in
body
,
refusing
to
work
for
reasonable
wages
,
having
nothing
but
labour
to
maintain
themselves
,
Dal.
124.
Lam.
443.
But
such
as
are
of
any
parish
,
able
to
work
,
and
do
not
wander
,
but
refuse
to
work
for
the
usual
wages
taxed
in
those
parts
,
are
to
be
sent
to
the
house
of
correction
,
Dal.
ibid.
7.
Poor
of
the
parish
begging
otherwise
then
is
appointed
them
,
or
begging
by
high-waies
,
ibid.
are
to
be
sent
to
the
house
of
correction
.
8.
All
pretending
to
be
Aegyptians
,
not
being
felons
.
Dal.
ibid.
Lam.
443.
9.
Soldiers
or
mariners
that
begg
,
except
soldiers
or
mariners
having
a
testimonial
from
a
Justice
of
Peace
near
the
place
of
their
landing
,
with
the
place
of
their
dwelling
or
birth
to
which
they
are
to
pass
,
and
a
convenient
time
limited
for
their
travel
,
and
pursuing
the
said
licence
39
Eliz.
c.
4.
or
do
counterfeit
any
certificate
from
their
General
,
Governour
,
Captain
,
Lieutenant
,
Marshal
,
Deputy
or
Admiral
,
Dal.
124.
10.
Diseased
persons
travelling
to
the
Baths
and
licensed
,
if
they
beg
,
or
not
licensed
by
two
Justices
,
or
not
returning
as
they
are
comited
,
Dal.
124.
Lam.
443.
11.
A
rogue
once
whipped
,
not
performing
●e
order
appointed
by
his
testimonial
,
Dal.
●4
.
12.
A
rogue
going
with
a
general
passport
,
●ot
directed
from
parish
to
parish
,
Dal.
ibid.
So
a
rogue
carrying
his
own
passport
with●●t
a
guide
,
Dal.
124.
13.
Servant
departing
out
of
service
with●ut
testimonial
,
5
El.
c.
4.
or
taken
with
coun●rfeited
testimonial
,
Dal.
124.
14.
Persons
infected
with
the
plague
,
or
●welling
in
infected
houses
,
going
abroad
●ontrary
to
order
,
1
Jac.
c.
31.
Dal.
ibid.
15.
Persons
able
to
labour
and
relieve
●hemselves
and
families
,
that
run
away
,
or
●hreaten
to
run
away
and
leave
their
charge
●o
the
parish
,
7
Jac.
c.
4.
Dal.
125.
21
Jac.
c.
●8
.
16.
Any
calling
himselfe
a
scholar
,
that
●ath
gone
about
begging
,
Lam.
443.
17.
Any
pretending
loss
by
fire
or
otherwise
,
that
wandring
beggeth
,
Lam.
443.
18.
Any
delivered
out
of
gaol
,
that
hath
begged
for
fees
,
Lam.
443.
Any
Justice
of
Peace
may
appoint
any
person
to
be
openly
whipped
naked
,
even
unto
bleeding
,
that
shall
be
taken
begging
,
wandring
,
or
misordering
himself
,
and
is
d●clared
by
the
statute
39
El.
4.
to
be
a
rogu●
vagabond
,
or
sturdy
beggar
,
and
shall
ca●
him
so
whipped
to
be
sent
from
parish
to
p●●ish
by
the
officers
of
the
same
,
the
next
w●
to
the
parish
where
such
person
was
born
,
it
can
be
known
;
if
not
,
to
the
parish
whe●
such
rogue
last
dwelt
before
the
punishme●●
by
the
space
of
a
year
,
there
to
labour
;
●
not
being
known
where
he
was
born
●
dwelt
,
then
to
the
parish
through
which
●●
last
passed
without
such
punishment
,
●
whom
the
Justice
shall
under
his
hand
a●
seal
make
a
testimonial
witnessing
his
punis●ment
,
day
and
place
thereof
,
and
whither
●●
is
limited
to
travel
,
and
by
what
time
.
A●●
in
case
such
place
of
birth
and
last
dwellin●●e
not
found
nor
known
,
then
such
perso●
shall
,
by
the
officer
of
such
village
throug●
which
he
last
passed
without
punishment
,
b●
conveyed
to
the
house
of
correction
of
th●
limit
,
or
to
the
common
gaol
,
39
Eliz.
c.
●
there
to
remain
in
work
until
such
person
b●
placed
in
service
for
one
years
continuance
or
not
being
able
of
body
,
till
such
person
b●
placed
in
some
alms-house
of
that
place
o●
county
,
Lam.
204
,
205.
The
like
may
be
done
by
Constable
a●●●sted
with
the
advice
of
the
Minister
,
and
on
other
of
the
parish
,
39
Eliz.
c.
4.
He
is
an
incorrigible
rogue
that
misreport
the
place
of
his
birth
,
and
is
to
be
sent
to
th●
house
of
correction
in
the
county
to
whic●
he
is
sent
;
and
if
there
be
none
there
,
then
t●
the
gaol
untill
the
next
Sessions
:
so
if
he
misreport
the
place
of
his
last
dwelling
by
th●
space
of
a
year
,
if
it
appear
not
where
he
was
●rn
,
Lam.
207.
Res.
1
,
2.
Dal.
128.
Husband
and
wife
having
an
house
,
rogue
●out
,
they
must
be
sent
to
the
town
where
●t
house
is
;
and
so
of
an
inmate
,
Lam.
207.
●s
.
3.
Dal.
125.
Wife
,
and
children
under
7
years
being
va●●nt
,
are
to
be
placed
with
the
husband
;
if
the
●●band
be
dead
,
then
where
they
were
born
,
●
dwelt
last
,
Lam.
ibid.
Res.
4
,
9
,
10.
Dal.
125.
Children
vagrant
above
7
years
old
must
●
sent
to
the
place
of
their
birth
,
Dal.
125.
●●m.
207.
Res.
4.
Vagrant
parents
,
with
their
children
un●●
7
years
of
age
,
being
once
placed
at
the
●ce
of
birth
of
their
parents
or
last
dwel●g
,
the
parents
dying
after
,
or
running
a●y
,
the
children
once
settled
must
still
re●in
there
,
Dal.
125.
Res
.
4.
Lamb.
207.
Wife
vagrant
is
to
be
sent
to
her
husband
●ugh
he
be
but
a
servant
,
Lam.
208.
Res
.
5.
●●
.
125.
Rogue
,
whose
place
of
birth
or
dwelling
●not
be
known
,
hath
wife
,
and
children
●der
7
years
of
age
,
they
must
be
sent
with
●
husband
to
the
place
where
they
were
●
suffered
to
pass
unpunished
,
and
the
chil●n
must
be
relieved
by
the
work
of
the
pa●ts
,
though
the
parents
be
sent
to
the
house
●orrection
,
Lam.
208.
Res.
6.
Rogue
sent
to
a
town
,
and
refused
by
the
●urch-wardens
and
Overseers
to
whom
he
●o
be
offered
,
is
a
forfeiture
of
5
pound
in
●
refuser
,
Lam.
210.
Resol.
12
,
14.
Dalt
.
128.
Any
hindering
the
execution
of
the
law
●
39
Eliz.
or
any
part
thereof
for
the
conveying
of
Rogues
,
forfeiteth
five
poun●
And
any
two
Justices
may
bind
such
offe●der
to
the
good
behaviour
,
and
upon
co●fession
of
the
offender
or
oath
of
two
may
●
warrant
under
their
hands
and
seals
ca●
the
said
sum
of
five
pound
to
be
levied
●
distress
and
sale
of
the
offenders
goods
,
D●●
128.
39
El.
cap.
4.
Rogue
sent
from
the
place
where
he
is
●ken
,
by
a
general
pasport
,
without
conve●ing
him
from
parish
to
parish
,
is
a
let
in
●●
conveying
of
rogues
,
and
a
forfeiture
of
pound
,
Lam.
210.
Res
.
13.
Dal.
128.
Rogue
going
with
such
a
pasport
,
co●tinuing
a
rogue
,
is
to
be
punished
by
whi●ping
,
ibid.
By
parents
is
to
be
understood
father
●
grand-father
,
mother
or
grand-mother
,
b●ing
able
persons
,
Lam.
210.
Res.
16.
By
children
,
any
child
or
grand-child
,
b●ing
unable
,
Lam.
210.
Res.
15.
Diseased
persons
living
of
alms
,
and
trav●lers
to
Bath
or
Buxton
for
remedy
,
are
to
●
licensed
thereto
by
two
Justices
of
Peace
,
●
Eliz.
cap.
4.
Lam.
332.
yet
may
not
beg
,
b●
must
be
provided
of
maintenance
for
th●
travel
,
Dal.
124.
Forfeiture
of
offences
against
the
stat●
39
El.
c.
4.
upon
conviction
by
confession
●
by
two
witnesses
before
two
Justices
of
Peac●
they
may
cause
the
same
to
be
levied
by
wa●rant
under
their
hands
and
seals
,
by
distr●●
and
sale
of
the
offenders
goods
,
39
El.
c.
●
Lam.
331.
See
1
Iac.
cap.
7.
Dal.
129.
All
questions
growing
upon
the
statute
●
rogues
,
may
be
heard
and
determined
by
t●●
Justices
of
Peace
whereof
one
of
the
Quorum
,
Dal.
129.
39
Eliz.
cap.
4.
Constable
or
Tithing-man
not
doing
his
endeavour
to
apprehend
rogues
within
their
●imits
,
or
wilfully
suffering
them
to
escape
unpunished
,
forfeiteth
20
shill.
for
every
offence
,
Dal.
128.
and
5
pound
if
they
do
not
convey
them
away
towards
their
dwelling
or
place
of
birth
,
39
Eliz.
cap.
4.
Lam.
444.
1
Jac.
cap.
7.
Dal.
129.
Minister
of
the
parish
not
keeping
a
register
of
the
testimonial
of
rogues
punished
in
his
parish
,
and
conveyed
thence
,
loseth
for
every
default
5
shill.
39
El.
c.
4.
Dal.
129.
Every
one
is
to
carry
to
the
Constable
such
beggers
as
they
shall
know
to
come
to
their
doors
for
alms
,
or
lose
10
shillings
,
1
Iac.
c.
7.
Dal.
129.
Justices
of
Peace
are
to
meet
twice
a
year
at
the
least
,
and
oftner
if
occasion
be
,
in
their
several
divisions
,
for
the
executing
of
the
statute
against
vagabonds
,
and
four
or
five
daies
before
by
warrant
to
command
the
Constables
of
hundreds
or
towns
,
by
assistance
of
some
of
every
town
,
to
make
a
general
privy
search
by
night
for
finding
and
apprehending
rogues
to
be
brought
before
the
Justices
at
their
meeting
by
them
,
and
punished
,
or
sent
to
the
house
of
correction
,
7
Iac.
c.
4.
Dal.
130.
21
Iac.
c.
28.
Constables
at
every
meeting
of
the
Justices
of
Peace
for
the
execution
of
the
statute
of
rogues
,
are
to
give
an
account
upon
oath
in
writing
,
and
under
the
hand
of
the
Minister
of
the
parish
,
what
rogues
,
&c.
they
have
apprehended
both
in
the
same
search
,
and
also
between
every
meeting
,
and
how
many
hav●
been
punished
by
them
,
or
sent
to
the
house
o●
correction
;
and
in
default
thereof
,
be
fine●
under
40
shill.
as
by
the
most
of
the
Just
.
sha●
be
assessed
,
7
Iac.
c.
4.
Dal.
130.
No
man
is
to
be
put
out
of
the
town
whe●
he
dwels
,
or
sent
to
his
place
of
birth
or
la●
habitation
,
but
onely
a
vagrant
rogue
,
Da●
126.
Res
.
9.
Lam.
209.
So
of
them
whose
terms
of
their
houses
ar●
expired
,
and
servants
whose
times
of
servic●
are
ended
;
for
they
must
provide
themselve●
houses
anew
,
if
they
be
not
impotent
,
Dal
▪
126.
Dangerous
rogues
are
to
be
banished
,
o●
condemned
to
the
gallies
by
the
Justices
a●
their
Quarter-Sessions
,
39
El.
c.
4
Lam.
427.
Dal.
287.
Rogues
by
judgement
of
most
of
the
Justices
of
Peace
in
open
Sessions
adjudged
incorrigible
,
ought
to
be
branded
on
the
left
shoulder
with
the
letter
R.
and
then
to
be
sent
to
their
dwelling
;
if
they
have
none
,
then
to
their
last
dwelling-place
where
they
dwelt
for
a
year
;
or
if
that
cannot
be
known
,
to
their
places
of
birth
,
1
Iac.
cap.
7.
If
he
offend
again
in
begging
or
wandring
,
it
is
felony
without
clergy
,
1
Iac.
c.
7.
Lam.
428.
Dal.
287.
Souldiers
and
mariners
having
a
testimonial
under
the
hand
of
the
Just
.
next
to
his
landing
place
,
of
the
time
and
place
of
his
landing
,
limiting
the
place
to
which
he
is
to
pass
,
and
the
time
;
if
he
pursue
the
said
licence
,
he
may
ask
and
take
such
necessary
relief
as
any
will
give
him
,
39
El.
c.
17.
Lam.
303.
Dal.
126.
Two
Justices
of
P.
may
send
to
the
house
of
correction
,
as
a
sturdy
rogue
,
a
person
able
to
work
,
threatning
to
run
away
and
leave
his
family
upon
the
parish
,
being
proved
by
the
oath
of
two
before
the
said
Justices
,
unless
he
can
put
in
sufficient
bond
for
discharge
of
the
parish
,
7
Iac.
c.
4.
Lam.
331.
He
which
runneth
away
and
leaveth
his
charge
to
the
parish
,
is
an
incorrigible
rogue
,
7
Iac.
c.
4.
Rome
,
vide
Pope
,
Co.
11.
36.
.
Rout.
Rout
is
where
three
or
more
persons
be
disorderly
assembled
to
commit
any
act
with
●orce
,
whether
they
put
in
execution
their
purpose
or
no
,
if
they
so
do
go
,
ride
,
or
move
forward
after
their
first
meeting
,
Lam.
176.
Dal.
221.
A
rout
is
only
by
some
opinions
,
where
three
or
more
do
assemble
for
their
own
common
quarrel
:
As
,
the
inhabitants
of
a
town
assemble
to
pull
down
a
house
,
wall
,
pale
,
ditch
,
or
other
inclosur●
,
pretending
to
have
title
of
common
,
or
a
way
there
,
or
to
beat
a
man
that
hath
done
some
publick
offence
,
Dal.
221
,
222.
Sacriledge
.
SAcriledge
is
the
felonious
taking
of
goods
out
of
any
Church
or
Chappel
,
Lam.
420.
Sacraments
.
Three
Justices
of
Peace
may
take
accusation
by
oath
of
two
witnesses
against
such
a●
deprave
the
Sacrament
of
the
Supper
,
and
examine
what
witnesses
were
by
,
and
binde
them
all
to
give
evidence
at
the
day
of
trial
▪
and
they
being
found
guilty
shall
be
imprisoned
and
fined
,
1
Ed.
6.
c.
1.
Dal.
134.
Quaere
Lam.
416
,
366.
Three
Justices
of
Peace
,
one
being
of
th●
Quorum
,
may
award
against
one
indicted
upon
the
statute
of
1
E.
6.
c.
1.
for
depraving
th●
Sacrament
,
a
Capias
,
Exigent
,
and
Capias
,
●tlegat
.
into
any
shire
,
1
Ed.
6.
c.
1.
Justices
of
Peace
in
their
Q.
Sessions
may
enquire
,
hear
and
determine
of
all
recusant●
and
offences
,
as
well
for
not
receiving
th●
Sacrament
according
to
3
Jac.
c.
4.
as
no●
repairing
to
Church
.
And
in
their
Session●
(
wherein
there
shall
be
indictment
take●
for
not
repairing
to
Church
,
or
not
receiving
the
Sacrament
)
to
make
Proclamatio●
to
render
their
bodies
to
the
Sheriff
befor●
the
next
Sessions
,
and
in
default
,
a
conviction
,
3
Jac.
c.
4.
Lam.
616.
Salt-peter-men
.
Salt-peter-men
cannot
dig
in
the
mansion
house
of
any
subject
without
his
assent
,
in
regard
of
the
danger
that
may
happen
thereby
in
the
night-time
to
the
owner
,
his
family
and
goods
,
by
thieves
and
other
malefactors
,
Co.
11
,
82.
Dal.
209.
Vide
House
.
School-master
.
To
keep
or
maintain
a
School-master
which
resorteth
not
to
Church
,
or
is
not
al●owed
by
the
Bishop
or
Ordinary
of
the
Dio●ess
,
the
maintainer
forfeits
10
pounds
for
●ach
month
,
and
the
School-master
to
be
●mprisoned
for
a
year
without
bail
,
and
dis●bled
,
23
El.
c.
1.
Lam.
419.
Any
keeping
a
School
,
or
being
a
School-master
out
of
the
University
,
except
in
pub●ick
Grammer-school
,
and
except
in
such
No●lemen
and
Gentlemens
houses
as
are
not
Re●usants
,
and
licensed
by
the
Arch-bishop
or
Guardian
of
the
Diocess
,
both
keeper
and
School-master
forfeits
40
s.
a
day
,
1
Jac.
c.
4.
Seditious
Sectaries
.
One
Justice
of
Peace
may
within
three
months
after
the
conviction
of
any
seditious
Sectary
or
Popish
Recusant
described
in
the
●tatute
of
35
El.
c.
1.
require
the
submission
of
him
to
conformity
,
and
in
default
of
such
submission
,
may
require
him
to
abjure
the
Realm
;
and
if
he
refuse
,
or
after
return
without
licence
,
it
is
felony
,
35
El.
c.
1
,
&
2.
Lam.
204.
Sermon
,
vide
Preaching
.
.
Servants
,
vide
Labourers
and
Apprentices
.
.
Serving-men
,
vide
Testimonial
.
The
Sessions
of
the
peace
is
an
assembly
of
any
two
or
more
Justices
of
Peace
,
one
being
of
the
Quorum
,
at
a
certain
day
and
place
within
the
limits
of
their
Commission
,
appointed
to
enquire
by
a
Jury
or
otherwise
to
take
knowledge
,
and
thereupon
to
hear
and
determine
according
to
their
power
of
causes
within
the
Commission
and
statute
referred
to
their
charge
,
Lam.
378.
Sessions
held
without
summons
are
good
,
but
then
none
shall
lose
any
thing
for
default
of
appearing
,
Lam.
380
,
381.
Summons
of
the
Sessions
is
usually
by
precept
written
to
the
Sheriff
,
and
by
him
to
be
returned
at
the
Sessions
,
Lam.
381.
Precept
for
summoning
the
Sessions
may
be
mad-by
any
two
Justices
of
Peace
,
one
being
of
the
Quor
.
but
not
the
Custos
Rotulorum
alone
;
and
summons
cannot
be
discharged
by
Supersedeas
of
all
the
other
Justices
,
but
by
Supersedeas
out
of
the
Chancery
,
Lam.
382
,
383.
Sessions
held
by
one
Justice
of
Peace
is
not
good
,
although
it
were
summoned
by
two
and
styled
by
their
names
;
but
by
two
sufficient
Justices
it
is
good
,
though
it
be
styled
by
the
name
of
three
,
Lam.
383.
Quarter
Sessions
are
to
be
held
four
time
in
the
year
,
(
v.
z.
)
the
first
week
after
S.
Michael
,
the
Epiphany
,
the
clause
of
Easter
after
the
translation
of
S.
Thomas
the
Martyr
,
which
is
J.
July
,
2
H.
5.
c.
4.
Lam.
597.
The
Easter
Sessions
by
33.
H.
8.
c.
10.
an●
to
be
holden
the
Tuesday
next
after
Low
Sunday
,
Lam.
605.
Justices
of
Peace
shall
hold
their
Sess●ons
four
times
in
the
year
,
viz.
Once
within
the
Octaves
of
the
Epiphany
:
the
second
,
in
the
second
week
of
Lent
:
the
third
,
between
the
Feasts
of
Pentecost
and
St.
John
Baptist
:
the
fourth
within
the
Octaves
of
St.
Michael
,
36
Ed.
3.
c.
12.
Cro.
123.
b.
nu.
16.
Where
Crompton
noteth
,
that
by
12
R.
2.
c.
10.
it
is
ordained
that
the
Quarter
Sessions
should
be
held
every
quarter
of
a
year
at
the
least
,
and
three
daies
if
need
be
;
by
which
it
appeareth
that
the
usual
day
is
not
of
necessity
,
so
it
be
kept
within
a
quarter
of
a
year
,
Cro.
ibid.
By
the
statute
2
H.
5.
c.
4.
Justices
of
Peace
shall
keep
their
Sessions
four
times
in
the
year
,
viz.
in
the
first
week
after
S.
Michael
,
in
the
first
week
after
the
Epiphany
,
in
the
first
week
post
claus.
Paschae
,
and
in
the
first
week
after
the
Translation
of
St.
Thomas
the
Martyr
,
which
is
the
7
of
July
,
and
oftner
if
need
be
,
Cro.
123.
b.
nu.
17.
Cro.
123.
b.
nu.
18.
saith
,
that
upon
the
stat.
of
17
R.
2.
c.
9.
(
which
permitteth
to
keep
Sessions
so
oft
as
is
expedient
,
)
in
Kent
they
keep
their
Sessions
at
other
times
then
the
times
appointed
by
2
H.
5.
c.
4.
and
that
it
is
good
.
The
place
where
the
Sessions
are
to
be
holden
is
a●b●trable
,
and
therefore
though
by
summons
they
be
to
be
kept
in
one
place
,
yet
they
may
be
kept
in
another
;
but
then
there
can
be
no
amerciament
for
default
of
appearance
,
Lam.
383
,
384.
Two
Sessions
at
one
time
for
one
County
law●ully
summoned
at
two
places
,
both
are
good
,
and
appearance
at
one
shall
excuse
default
of
appearance
at
the
other
,
and
presentments
taken
before
either
of
them
shall
be
good
,
Lam.
384.
At
a
general
Sessions
all
matters
enquirable
by
Justices
of
Peace
,
either
by
their
Commission
or
by
statute
,
ought
to
be
given
in
charge
,
otherwise
at
a
special
Sessions
,
Lam.
623.
and
may
be
held
three
dayes
,
606.
12
R.
2.
c.
10.
Two
sorts
of
men
owe
their
ordinary
attendance
at
the
Qu.
Sessions
,
(
viz.
)
officers
and
ministers
of
the
Court
,
and
Jurors
of
the
County
,
Lam.
386.
Officers
are
the
Custos
Rotulorum
,
where
he
ought
to
attend
by
himself
or
his
deputy
,
Lam.
327.
The
Clark
of
the
Peace
,
Lam.
393.
The
Sheriff
,
Lam.
395.
The
Coroners
,
Lam.
394.
Ministers
,
as
Bailiffs
of
Franchises
,
Constables
of
Hundreds
,
the
Ordinary
,
Lamb.
395.
Jurors
for
enquiry
and
trial
,
Lam.
396.
The
Justices
of
Peace
if
need
require
,
may
keep
a
special
Sessions
by
virtue
of
their
commission
,
or
by
the
statute
2
H.
5.
c.
4.
Lam.
623.
Summons
of
a
special
Sessions
is
for
the
most
part
for
some
special
enquiry
,
and
not
to
the
general
service
of
the
commission
,
Lam.
623.
All
matters
within
the
commission
or
statute
may
at
a
special
Sessions
of
the
Peace
be
given
in
charge
,
yet
they
are
at
liberty
to
give
in
charge
either
all
or
any
of
them
,
Lam.
623
,
624.
If
two
Justices
of
the
Peace
,
one
being
of
●he
Quorum
,
make
a
precept
to
the
Sheriff
for
the
holding
a
Sessions
at
such
a
place
and
day
,
and
to
return
a
Jury
before
them
,
other
Justices
cannot
by
their
Supersedeas
to
the
Sheriff
inhibit
him
,
Cro.
122.
b.
but
the
King
by
his
writ
of
Supersedeas
may
discharge
it
,
ibid.
A
man
is
bound
to
appear
before
a
Justice
of
Peace
within
forty
daies
after
,
in
the
mean
time
a
general
Sessions
is
kept
,
he
ought
to
appear
before
the
Justices
at
the
Sessions
,
Cro.
123.
a.
nu.
8.
A
Justice
commands
one
on
pain
of
10
li.
by
his
precept
to
appear
at
the
next
Sessions
,
and
he
doth
not
,
no
Scire
facias
shall
go
against
him
more
then
upon
a
Sub
poena
,
but
it
seemeth
he
may
be
attached
upon
a
contempt
,
Cro.
123.
a.
nu.
9.
All
that
come
to
the
Sessions
for
publick
service
,
or
upon
compulsion
,
upon
complaint
and
examination
of
the
matter
upon
oath
shall
be
freed
from
any
arrest
upon
Original
process
,
Lam.
402.
Cro.
190.
b.
Justice
of
Peace
may
record
a
force
,
if
he
be
disturbed
in
coming
to
the
Sessions
,
so
that
he
dare
not
go
to
the
Sessions
,
and
they
shall
be
convicted
by
that
record
,
Cro.
190.
b.
Sewers
.
Commission
of
Sewers
being
expired
,
six
Justices
of
Peace
,
two
being
of
the
Quorum
,
may
for
one
year
after
execute
the
laws
of
Commissioner
of
Sewers
,
unless
a
new
be
published
,
13
El.
c.
9.
Sheep
.
To
transport
sheep
beyond
the
seas
without
licence
,
or
to
procure
the
same
,
is
felony
for
the
second
offence
,
23
H.
8.
c.
16.
8
Eliz.
c.
3.
Lam.
227
,
425.
Any
bringing
,
sending
,
or
receiving
into
any
bottom●
any
sheep
alive
out
of
the
Kings
dominions
,
or
procuring
the
same
,
loseth
his
goods
,
is
to
be
imprisoned
for
a
year
,
and
then
in
open
market
to
lose
his
left
hand
,
8
Eliz.
c.
3.
Lam.
456
,
457.
Any
keeping
at
one
time
above
2000
sheep
of
all
sorts
against
the
purport
of
the
statute
,
loseth
3
shill.
4
pence
for
every
sheep
above
2000.
28
H.
8.
c.
13.
Sheriff
.
The
Custos
Rotulorum
,
or
eldest
of
the
Quorum
in
his
absence
,
is
to
appoint
at
Michaelmas-Sessions
,
two
Justices
of
Peace
,
whereof
one
of
the
Quorum
,
to
have
the
oversight
and
controlement
of
the
Sheriff
,
Under-sheriff
,
their
officers
and
deputies
,
and
of
their
books
and
amerciaments
in
their
County
Courts
:
and
either
of
these
two
Justices
,
or
one
Justice
of
the
Peace
,
may
exam●ne
the
Sheriff
or
Under-sheriff
and
plaintiff
concerning
the
taking
and
entring
plaints
in
their
Courts
and
books
against
the
statute
,
11
H.
7.
c.
15.
Dal.
136.
Lam.
201
,
295
,
600.
The
particulars
are
,
Dal.
137.
Lam.
431.
1.
If
any
plaints
be
entred
in
their
books
in
any
mans
name
,
the
plaintiff
or
sufficient
Attourney
not
being
in
Court
.
2.
If
the
Plaintiff
find
not
pledges
to
pursue
his
plaint
;
viz.
such
as
are
known
in
that
County
.
3.
If
they
enter
more
plaints
then
one
for
one
trespass
or
contract
.
4.
If
they
enter
more
plaints
then
the
plaintiff
supposeth
he
hath
cause
of
action
for
against
the
defendant
.
If
upon
examination
the
Justices
finde
any
default
,
it
shall
stand
for
conviction
without
further
enquiry
or
examination
,
and
they
forfeit
40
shill.
to
the
King
and
to
the
informer
for
every
default
,
and
the
Justices
must
certifie
the
examination
to
the
Exchequer
within
a
quarter
of
a
year
,
on
pain
of
40
shill.
Dal.
137.
The
like
for
Bailiffs
of
Hundreds
in
not
warning
the
defendants
to
appear
,
Dalt
.
ibid.
Sheriff
shall
make
no
estreats
to
levy
their
Sheriffs
amerciaments
untill
the
two
Justices
have
had
a
view
and
oversight
of
the
books
,
&
the
said
estreats
shall
be
indented
betwixt
the
said
Justices
and
Sheriff
,
or
Under-sheriff
,
under
their
seals
,
Dal.
ibid.
The
said
two
Justices
or
one
of
them
may
examine
the
defaults
of
collectors
of
Sheriffs
amerciaments
,
whose
finding
of
default
is
a
sufficient
conviction
and
forfeiture
of
forty
shillings
,
the
examination
to
be
certified
into
the
Exchequer
,
Dal.
ibid.
The
said
Justices
upon
information
of
the
party
grieved
,
may
make
like
process
as
in
action
of
trespass
against
the
Sheriff
,
&c.
to
appear
then
to
answer
the
said
information
or
suggestion
,
Dalt
.
138.
Sheriff
ought
to
be
at
the
Sessions
to
return
his
precept
,
and
keep
the
prisoners
,
Lam.
395.
In
these
cases
following
the
Sheriff
,
&c.
doth
forfeit
40
pounds
,
and
treble
damages
to
the
party
grieved
,
23
Hen.
6.
c.
10.
Lam.
430
,
431.
-
1.
Sheriff
that
letteth
his
Bailiwicks
or
any
of
his
hundreds
.
-
2.
Or
returneth
in
any
panels
any
Bailiffs
,
officers
,
servants
,
or
servants
servants
.
-
3.
Or
refuseth
to
bail
those
that
are
bailable
,
offering
sufficient
surety
.
-
4.
Or
taketh
any
obligation
by
colour
of
his
office
,
but
onely
to
himself
,
and
upon
the
name
of
his
Office
,
and
upon
condition
only
to
appear
according
to
the
writ
or
warrant
.
-
5.
Or
having
taken
for
an
arrest
above
20
pence
.
-
6.
Or
above
4
pence
for
any
obligation
,
warrant
or
precept
.
-
7.
Or
he
or
any
other
minister
having
taken
any
thing
for
making
any
return
or
pannel
.
-
8.
Or
above
four
pence
for
the
copy
of
a
pannel
.
-
9.
Bailiff
for
taking
above
four
pence
for
making
an
arrest
.
-
10.
Goaler
taking
above
four
pence
of
any
committed
to
his
ward
upon
arrest
or
attachment
.
-
11.
Sheriff
or
his
ministers
that
shall
levy
any
of
the
Kings
debts
,
without
shewing
●he
party
the
estreats
under
the
Exchequer
●eal
,
shall
be
fined
and
pay
treble
damages
to
the
party
,
7
H.
4.
c.
3.
42
Ed.
3.
c.
9.
Lamb.
432.
-
12.
Sheriff
or
other
his
minister
arrest●ng
,
imprisoning
,
ransoming
of
,
or
levying
any
amerciaments
by
reason
of
any
Indictments
or
presentments
made
in
the
Sheriffs
turn
,
without
process
first
obtained
from
the
●ustices
of
Peace
,
or
that
hath
not
brought
●n
such
indictments
and
presentments
to
the
Justices
of
the
Peace
at
the
next
Sessions
,
lo●eth
10
pound
,
Lam.
431.
1
Ed.
4.
c.
2.
Sheriff
or
any
other
who
may
make
return
of
any
writ
,
that
returneth
any
Juror
,
without
true
addition
of
the
place
of
his
aboad
,
or
within
a
year
next
before
,
or
without
some
addition
by
which
the
Juror
might
be
well
known
,
loseth
5
marks
to
the
King
,
and
●●
marks
to
the
party
,
27
El.
c.
7.
Lam.
432.
Sheriff
or
goaler
denying
to
receive
felons
by
the
delivery
of
any
Constable
or
Township
,
or
having
taken
any
thing
for
receiving
such
,
is
fineable
,
4
E.
3.
c.
10.
Lam.
434.
Sheriff
,
Bailiff
,
or
other
officer
or
person
,
refusing
to
pay
over
to
the
Churchwardens
,
&c.
the
moiety
of
the
forfeitures
by
the
statute
of
4
Jac.
against
uttering
of
beer
or
ale
to
ale-house-keepers
unlicensed
,
forfeiteth
double
value
,
4
Jac.
c.
4.
Lam.
434.
Justice
of
Peace
being
chosen
Sheriff
,
his
authority
of
Justice
is
suspended
during
his
Sheriffwick
;
but
after
another
is
chosen
and
sworn
,
his
authority
as
a
Justice
of
Peace
is
as
it
was
before
without
any
new
oath
,
except
he
be
left
out
of
the
commission
,
Dal.
11
▪
&
12.
Cro.
121.
a.
nu.
13
,
14.
Shoes
.
Making
shoes
,
pantofles
,
&c.
contrary
to
the
rules
prescribed
in
the
stat.
loseth
3
shill.
4
pence
for
every
pair
of
shoes
,
&c.
and
the
value
of
them
,
1
Jac.
c.
22.
Lam.
465.
Shewing
of
boots
,
&c.
on
the
Sunday
,
with
intent
to
sell
them
,
loseth
3
shill.
4
pence
and
the
value
of
them
,
1
Jac.
c.
22.
Lam.
466.
vide
Leather
.
Shooting
.
Any
under
the
degree
of
a
Lord
of
the
Parliament
shooting
within
any
City
or
Town
at
any
fowl
or
other
mark
upon
any
Church
or
dove-coat
,
or
any
shooting
in
any
place
any
hail-shot
or
moe
pellets
then
▪
one
at
a
time
,
every
time
offending
forfeiteth
10
pound
,
and
imprisonment
for
three
mon●ths
,
2
Ed.
6.
c.
14.
Vide
Archery
,
Cross-bows
,
Partridges
.
Souldiers
.
Souldier
serving
the
King
by
sea
or
land
,
doth
willingly
give
,
purloin
,
or
put
away
any
horse
or
harness
wherewith
he
was
set
forth
,
(
or
being
taken
from
other
souldiers
was
appointed
to
him
,
)
upon
complaint
thereof
to
a
Justice
of
Peace
,
he
shall
be
committed
without
bail
,
till
he
have
made
satisfaction
,
unless
he
have
been
formerly
punished
by
the
General
or
other
,
or
shew
forth
in
writing
under
seal
the
lawful
loss
thereof
,
2
&
3
Ed.
6.
c.
1.
Lam.
194.
Souldiers
passing
out
of
the
Realm
to
serve
any
forein
Prince
,
not
having
before
their
passage
taken
the
oath
of
allegiance
before
the
officer
appointed
thereunto
,
it
is
felony
,
3
Jac.
c.
4.
Dal.
288.
Souldier
being
a
Gentleman
,
or
of
a
higher
degree
,
or
Captain
,
or
other
Officer
in
Camp
,
passing
to
serve
any
forein
Prince
,
&c.
before
they
be
bound
to
the
King
with
two
sureties
before
the
officer
appointed
not
to
be
reconciled
to
the
Pope
,
&c.
or
to
consent
to
any
conspiracy
against
the
King
,
but
to
disclose
all
conspiracies
upon
knowledge
thereof
,
&c.
it
is
felony
,
ibid.
Souldier
entred
upon
record
,
and
having
taken
press-money
,
and
that
departeth
without
licence
,
it
is
felony
,
7
H
7.
c.
1.
3
H.
8.
c.
5.
Dal.
288.
or
if
they
depart
without
licence
after
they
have
served
in
the
Kings
wars
,
2
Ed.
6.
c.
2.
Dal.
ibid.
So
of
marriners
and
gunners
that
have
taken
press-mony
to
serve
the
King
on
the
sea
,
and
come
not
unto
,
or
depart
from
the
Captain
without
l●cence
,
it
is
felony
,
5
El.
c.
5.
Dal.
288.
In
these
cases
following
,
by
the
statute
of
39
El.
c.
17.
souldiers
and
mariners
do
become
felons
,
Dal.
288.
Such
which
set
not
themselves
to
some
lawful
course
of
life
,
but
wander
up
and
down
idly
,
not
having
a
lawful
testimonial
(
if
they
come
from
beyond
sea
)
from
some
Justice
of
Peace
near
the
place
of
their
landing
,
expressing
the
place
and
time
of
their
landing
,
the
place
to
which
they
are
to
pass
,
and
a
time
limited
for
their
passage
,
or
having
such
a
testimonial
,
if
they
shall
exceed
the
time
limited
.
To
forge
or
counterfeit
such
testimonial
,
or
to
have
a
forged
testimonial
,
knowing
that
it
is
forged
.
Or
being
retained
in
service
after
his
arraignment
,
&c.
if
he
depart
within
the
year
without
licence
of
his
master
.
Poor
souldier
,
or
mariner
,
or
sea-faring
man
suffering
shipwrack
,
may
have
a
licence
from
a
Justice
of
Peace
next
to
his
landing
,
to
pass
to
the
place
of
his
repair
,
and
may
ask
and
receive
necessary
relief
in
his
direct
passage
,
within
the
time
limited
to
him
,
39
El.
c.
4.
39
El.
c.
17.
Dal.
126.
Lam.
303.
21
Jac.
c.
28.
Every
parish
is
to
be
taxed
to
the
relief
of
disabled
souldiers
,
by
the
greater
part
of
the
Justices
at
their
Quarter
Sessions
next
after
Easter
,
so
as
no
parish
be
above
ten
pence
,
nor
under
two
pence
weekly
to
be
paid
,
so
as
the
total
sum
in
any
County
where
there
shall
be
above
fifty
parishes
,
do
●ot
exceed
six
pence
every
parish
,
43
Eliz.
●ap.
3.
The
said
taxation
to
be
assessed
within
●hemselves
,
and
in
default
thereof
by
the
Church-wardens
and
petty
Constables
or
●he
greater
part
of
them
,
in
default
thereof
●y
the
Justices
or
Justice
of
Peace
dwelling
in
●he
same
parish
,
or
,
if
none
be
there
,
in
the
●arish
next
adjoyning
,
43
El.
c.
3.
In
default
of
payment
of
the
same
assess
,
●he
Church-wardens
and
petty
Constables
may
levy
it
by
distress
and
sale
,
&c.
and
in
their
default
the
aforesaid
Justices
or
Justice
of
Peace
,
43
El.
c.
3.
The
Church-wardens
and
petty
Constables
are
to
pay
over
their
collections
to
the
high
Constable
ten
daies
before
every
Quarter
Sessions
,
and
the
high
Constables
at
every
Quarter
Sessions
are
to
pay
it
over
to
the
Treasurer
,
ibid.
If
any
of
them
make
default
,
then
the
Church-wardens
or
petty
Constables
forfeit
●o
shillings
,
and
every
high
Constable
40
shillings
,
to
be
levied
by
the
Treasurer
by
distress
and
sale
for
augmentation
of
the
stock
,
●3
El.
c.
3.
Treasurer
for
maimed
souldiers
must
be
●en
pound
in
lands
,
or
fifty
pound
in
goods
●n
the
subsidy
,
and
continue
but
for
a
year
,
●nd
within
ten
daies
after
Easter
Sessions
fol●owing
to
give
account
to
his
successor
;
in
●efault
thereof
or
for
other
misdemeanour
in
●is
office
,
to
be
fined
five
pound
or
above
by
●he
more
part
of
the
Justices
of
Peace
,
43
El.
●ap.
3.
Souldier
or
mariner
sick
or
maimed
b●
service
in
his
Majesties
pay
,
upon
lawful
certificate
thereof
by
the
general
muster-maste●
or
receiver
of
the
muster-rolls
,
Treasurer
,
o●
Controller
of
the
Navy
under
his
hand
,
is
to
come
to
the
Treasurer
of
the
County
wher●
he
was
prest
,
or
if
he
were
not
pressed
,
then
to
the
Treasurer
of
the
County
where
he
wa●
born
or
last
dwelt
three
years
,
if
he
be
able
to
travel
so
far
,
or
otherwise
to
the
Treasurer
o●
the
County
where
he
landed
,
by
him
to
be
relieved
according
to
h●s
discretion
till
the
next
Qu.
Sessions
,
at
which
time
the
more
part
of
the
Justices
may
according
to
their
discretions
grant
him
a
pension
during
his
life
,
i●
the
said
pension
be
not
duly
revoked
or
altered
,
43
El.
c.
3.
Treasurers
are
to
make
payment
quarterly
of
such
pensions
as
shall
be
granted
by
the
most
of
the
Justices
at
the
Qu.
Sessions
under
their
hands
,
and
by
them
to
be
fined
if
they
refuse
to
pay
them
,
43
El.
c.
3.
Pensions
of
souldiers
and
mariners
,
not
having
born
offices
,
are
not
to
be
above
10
l.
under
the
degree
of
a
Lieutenant
1●
l.
a
Lieutenant
20
l.
43
El.
c.
3.
Pensions
are
revocable
or
alterable
at
the
discretion
of
the
Justices
in
the
Quarter-Sessions
,
43
El.
c.
3.
Treasurer
where
any
maimed
souldier
or
mariner
shall
arrive
upon
certificate
,
though
not
allowed
)
may
give
a
testimonial
of
his
own
allowance
,
and
convenient
relief
to
carry
him
to
the
next
County
,
leading
him
to
the
place
where
the
general
muster-master
shall
be
:
and
so
may
the
Treasurer
of
each
County
,
leading
him
thither
,
and
from
thence
to
the
County
where
he
is
to
have
his
pension
,
43
●l
.
cap.
3.
Treasurer
is
to
enter
in
to
a
book
mony
re●eived
and
disbursed
,
with
the
parties
names
●nd
certificate
to
whom
it
was
paid
,
43
El.
cap.
3.
Treasurer
not
allowing
a
certificate
in
the
●ct
of
43
El.
c
,
3.
expressed
,
must
endorse
the
●ause
thereof
on
the
certificate
,
43
El.
c.
3.
Souldier
or
mariner
counterfeiteth
a
cer●ificate
,
or
having
a
pension
beggeth
,
he
shall
●●ose
his
pension
,
and
be
adjudged
a
rogue
,
●
3.
El.
cap.
3.
Souldier
or
mariner
that
cannot
be
relieved
in
the
County
where
he
was
pressed
,
by
reason
that
the
whole
taxation
is
imploied
,
●hall
be
relieved
where
he
was
born
or
dwelt
●he
last
3
years
,
at
his
election
,
43
El.
c.
3.
Overplus
of
the
stock
for
maimed
souldiers
is
to
be
imploied
by
the
greater
part
of
●ustices
at
the
Qu.
Sessions
,
to
such
charitable
uses
as
are
set
down
in
the
statute
for
poor
,
except
it
be
by
them
reserved
for
future
pensions
,
43
El.
c.
3.
Star-chamber
.
The
experience
of
the
Star
chamber
is
the
best
guide
and
direction
for
a
Justice
of
P.
Lamb.
175.
Stolen
goods
.
After
attainder
upon
evidence
by
the
owner
,
the
stoln
goods
are
to
be
restored
to
the
owner
by
writ
of
restitution
awarded
by
the
Justices
before
whom
the
attainder
was
,
21
H.
8.
c.
11.
Lam.
586.
Da.
306.
Cro.
191.
a.
Vide
Re●titution
of
stolen
goods
.
Stewards
of
the
Sheriffs
turn
,
Leet
,
or
P●●
powders
,
cannot
grant
surety
of
the
peace
u●less
it
be
by
prescription
,
but
every
of
the●
may
commit
him
to
ward
that
shall
make
●
assray
in
their
presence
whilest
they
be
i●
execution
of
their
office
,
which
the
stewa●●
in
a
Court
Baron
cannot
do
,
Lamb.
14.
Dal.
●
10
H.
6.
c.
7.
Br.
Leet
36.
Stock
of
the
shire
.
The
parishioners
,
and
in
their
default
th●
Churchwardens
and
Constables
,
are
to
asse●
the
tax
imposed
upon
the
parish
by
the
Justices
at
Easter
Sessions
,
towards
the
relief
of
th●
prisoners
in
the
Kings
Bench
,
Marshalse●
Hospitals
,
and
other
losses
by
fire
,
&c.
In
default
of
them
,
any
Justice
of
Peace
dwellin●
in
that
parish
,
or
(
if
none
dwel
there
)
th●
next
Justice
may
assess
the
same
;
and
the
sam●
Justice
of
Peace
or
any
other
Justice
of
Peac●
in
that
limit
,
in
default
of
the
Churchwarde●
and
Constables
,
may
levy
the
same
by
distre●
and
sale
of
the
offenders
goods
,
rendring
t●
the
party
the
overplus
,
and
in
default
of
distress
may
commit
such
persons
without
batill
they
pay
the
same
43
El.
c.
2
Dal.
139.
In
all
taxations
observe
these
rules
,
Da●
ibid.
1.
The
most
reasonable
taxation
of
land
i●
by
the
yearly
value
,
not
the
quantity
.
2.
He
that
occupieth
lands
in
his
ow●
hands
in
several
parishes
,
shall
be
charged
i●
every
parish
proportionably
for
his
lan●
there
.
3.
The
farmer
shall
be
rated
for
the
land
and
not
the
lessor
.
4.
A
man
is
not
to
be
rated
for
his
farm●●s
,
for
that
the
occupier
of
the
lands
is
argeable
for
the
same
.
By
goods
in
most
cases
a
man
may
be
ra●●
,
as
well
as
by
lands
,
but
not
both
by
goods
●●d
lands
.
6.
A
man
shall
be
charged
for
goods
only
that
town
where
the
goods
be
at
the
time
assessment
:
the
Constable
and
major
part
the
Parishioners
,
upon
warning
given
in
Church
,
may
make
such
taxations
by
law
,
5
,
67
Br.
Quin.
4.
&
6.
Dal.
140.
The
like
may
be
done
by
the
Churchwar●●ns
and
the
greater
part
of
the
Parishioners
●●r
Church
charges
,
Dal.
ibid.
If
the
greater
part
will
not
meet
,
the
offi●●rs
and
such
as
will
meet
may
tax
,
Dal.
ibid.
Where
a
man
is
charged
by
goods
,
they
●ust
be
bona
notabilia
,
Dal.
140.
Vide
Taxation
.
Subsidy
.
Upon
proof
before
two
Just.
of
Peace
that
subsidy-man
by
covin
hath
escaped
taxa●●on
,
they
shall
charge
him
at
double
the
●alue
of
so
much
as
he
ought
to
be
taxed
at
,
●●d
he
shall
be
further
punished
at
the
dis●●etion
of
the
said
Justices
,
Lam.
336.
Dal.
141.
Suggestion
,
vide
Information
.
.
Summons
of
the
Sessions
,
vide
Sessions
.
.
Sunday
.
All
persons
shall
diligently
and
faithfully
●esort
to
their
Parish
Church
or
Chappel
accustomed
,
or
upon
reasonable
let
to
som●
usual
place
where
Common
prayer
shall
b●
used
,
upon
every
Sunday
and
other
day
ordained
and
used
to
be
kept
holy-day
,
and
th●●
and
there
to
abide
orderly
and
soberly
during
the
time
of
common-prayer
,
preaching
or
other
service
of
God
,
or
lose
twelve
penc●
for
every
offence
,
to
be
levied
by
the
Church-wardens
there
,
to
the
use
of
the
poor
,
by
way
of
distress
,
1
El.
cap.
2.
Dal.
105.
though
he
b●
Popish
Recusant
convict
or
not
convict
,
ibid.
If
any
subject
do
not
resort
and
repair
ever●
Sunday
to
some
Church
or
Chappel
,
or
som●
usual
place
appointed
for
Common-prayer●
and
there
heare
divine
Service
,
according
t●
the
statute
1
El.
cap.
2.
it
shall
be
lawful
for
●
Justice
of
Peace
of
that
limit
,
upon
proof
by
confession
of
the
party
,
or
oath
of
witness
,
to
call
the
party
before
him
;
and
if
he
or
they
make
not
a
sufficient
excuse
,
to
the
satisfaction
of
the
said
Just
▪
then
to
give
warrant
to
th●
Church
wardens
of
the
said
parish
under
hi●
hand
and
seal
to
levy
twelve
pence
by
distres●
to
the
use
of
the
poor
for
every
default
,
and
for
want
of
distress
,
to
commit
the
offender
to
prison
;
every
offender
to
be
called
in
question
within
one
moneth
after
the
offence
,
3●
Iac.
c.
4.
Lam.
418.
None
punished
according
to
the
branch
of
the
statute
of
3
Jac.
cap.
4
shall
be
punished
by
1
El.
c.
2.
for
the
same
offence
,
3
Iac.
c.
4.
There
shall
be
no
meeting
,
assemblies
or
concourse
of
people
for
any
sports
or
pastime
out
of
their
own
parishes
on
the
Lords
day
;
nor
Bear-baiting
,
Bull-baiting
,
Interludes
,
common
plaies
,
or
other
unlawful
exercises
within
their
own
parishes
,
upon
forfeiture
of
shillings
4
pence
to
the
use
of
the
poor
,
up●n
view
of
one
Justice
of
Peace
,
confession
of
●he
party
offending
,
or
oath
of
one
witness
,
to
●e
levied
by
warrant
of
the
said
Justice
under
●is
hand
and
seal
to
the
Constable
and
Church-wardens
;
in
default
of
distress
,
the
●ffender
to
sit
in
the
stocks
three
hours
.
The
●ffender
to
be
questioned
within
one
month
,
●
Car.
c.
1.
Dal.
63.
Carriers
,
waggoners
,
wayn-men
,
drovers
,
●hall
not
travel
with
horse
,
wagons
,
carts
,
or
●attel
upon
Sunday
upon
pain
of
twenty
shill.
●or
every
offence
.
Neither
shall
any
Butcher
kill
or
sell
any
victual
upon
Sunday
,
on
pain
of
6
shillings
8
pence
,
upon
view
of
one
Just.
of
Peace
,
confession
of
the
party
or
oath
of
two
witnesses
;
the
penalty
to
be
levied
by
the
Constable
or
Church-wardens
to
the
use
of
the
poor
by
warrant
of
any
Justice
of
Peace
by
distress
,
or
by
any
that
will
sue
for
the
same
at
the
Qu.
Sessions
in
the
same
County
within
six
months
,
his
reward
not
to
be
above
the
third
part
,
1
Car.
c.
1.
Dal.
134.
Shewing
of
Boots
on
the
Sunday
,
with
intent
to
sell
them
,
loseth
3
shillings
4
pence
,
and
the
value
of
the
Boots
,
1
Jac.
c.
22.
Lam.
466.
Supersedeas
.
Supersedeas
is
sufficient
,
though
it
neither
name
the
sureties
,
nor
contain
the
sum
wherein
they
are
bound
;
but
it
is
better
if
it
do
both
,
Lam.
96.
Dal.
172.
Supersedeas
delivered
to
the
officer
,
if
he
●rge
new
sureties
,
the
party
may
refuse
;
and
if
he
be
committed
,
he
may
have
his
actio●
▪
Lam.
99.
Dal.
172.
Supersedeas
out
of
the
Chancery
will
discharge
surety
of
the
P.
in
the
Kings
Bench
,
and
either
of
them
a
precept
for
the
peace
awarded
by
a
Justice
of
Peace
;
and
an
attachment
lieth
against
him
if
he
surcease
not
,
and
he
may
be
imprisoned
and
fined
for
it
,
Lam.
99.
Dal.
172
,
173.
Supersedeas
received
by
a
Justice
of
Peace
out
of
an
higher
Court
,
he
should
forbear
to
make
any
warrant
,
or
if
one
be
made
,
to
send
out
his
Supersedeas
to
the
Sheriff
,
or
other
officer
,
to
desist
to
put
it
in
execution
,
Lam.
99.
Dal.
172.
Supersedeas
out
of
the
Chancery
is
to
be
certified
at
the
next
Sessions
,
together
with
the
Recognizance
,
for
the
Peace
;
if
the
Supersedeas
do
testifie
that
he
hath
found
surety
in
the
Chancery
onely
unto
a
certain
day
,
which
day
is
after
those
Sessions
,
if
the
Supersedeas
come
to
his
hands
after
his
Recognizance
taken
Dal.
173.
Lam.
113.
for
peradventure
the
recognizance
was
broken
before
the
Supersedeas
purchased
.
Supersedeas
for
the
good
abearing
,
quaere
if
it
may
be
granted
by
a
Justice
of
Peace
,
Lam.
123.
Dalt
.
affirmeth
it
,
197.
A
Supersedeas
made
by
a
Justice
of
Peace
,
and
returned
under
his
seal
,
is
a
sufficient
record
to
prove
a
recognizance
taken
for
the
Peace
,
and
warrant
to
call
the
party
bound
,
and
if
he
make
default
,
to
record
the
same
,
Lam.
97.
If
a
Justice
of
P.
will
by
a
Supersedeas
discharge
a
Precept
for
the
Peace
awarded
by
another
by
virtue
of
his
office
,
and
not
by
●upplicavit
,
the
recognizance
would
be
taken
●ccording
to
the
form
of
the
Precept
,
Lam.
96.
Dal.
172.
Certiorari
to
remove
a
record
is
in
it selfe
a
●upersedeas
to
the
Justices
,
yet
the
party
may
●ave
a
Supersedeas
to
the
Sheriff
that
he
arrest
●im
not
upon
the
Justices
record
,
Lam.
515.
Whether
the
Justices
ex
officio
after
a
Certio●ri
ought
to
award
their
Supersedeas
,
to
stay
●roceeding
upon
the
record
,
quaere
Lam.
ibid.
An
Exigent
awarded
against
one
indicted
of
●
trespass
before
the
Justices
of
Peace
,
may
be
●ayed
by
Supersedeas
out
of
the
Chancery
,
●pon
surety
found
there
to
appear
at
the
day
●
the
Writ
,
though
he
be
taken
upon
it
,
Lam.
526
,
527.
So
by
Supersedeas
granted
by
two
Justices
of
●eace
,
one
being
of
the
Quorum
,
testifying
●hat
he
hath
found
sureties
,
de
fine
assidendo
,
Lam.
ibid.
Yet
Dal.
and
Cro.
say
,
by
one
Justice
of
P.
Dal.
319.
Cro.
234.
a.
If
a
Supersedeas
be
directed
to
the
Justices
of
Peace
and
Sheriff
,
the
Justice
to
whose
hands
●t
shall
be
delivered
,
may
keep
it
,
and
deliver
●he
label
to
the
party
,
Dal.
173.
Supersedeas
granted
for
the
Peace
,
or
good
●ehaviour
,
out
of
the
Chancery
or
K.
Bench
,
●s
void
,
unless
it
be
upon
motion
in
open
Court
,
and
upon
sureties
of
five
pounds
in
●ands
,
or
ten
pounds
in
goods
in
subsidy
,
and
unless
it
appear
to
the
Court
that
such
process
of
P.
or
good
behaviour
is
prosecuted
against
the
desirer
of
such
Supersedeas
bona
fide
by
some
grieved
in
that
Court
out
of
which
the
Supersedeas
is
desired
,
21
Jac.
●
▪
8.
Dal.
174.
Whether
the
party
bound
,
sending
●●
Supersedeas
to
the
Sessions
,
be
discharged
●●
his
appearance
there
,
quaere
Da.
173.
Lam.
11●
▪
the
precedents
are
,
that
the
party
appeare●
and
prayed
allowance
,
&c.
Supplicavit
.
He
onely
to
whom
the
Writ
of
Supplicav●●
is
delivered
,
must
execute
it
,
Dal.
186.
The
Justice
that
receiveth
the
Writ
,
ma●
make
the
warrant
to
the
Constable
or
othe●
party
indifferent
;
and
if
he
refuse
to
find●
sureties
,
to
carry
him
to
prison
,
Dal.
186.
The
party
attached
can
be
bound
onely
●●
fore
him
that
sent
out
the
Warrant
,
Dal.
186
▪
The
Justice
is
to
execute
the
Supplicavit
a●
it
directeth
,
Dal.
187.
If
the
sums
be
left
to
discretion
,
it
is
safe
t●
take
good
summes
,
Dal.
ibid.
After
sureties
taken
,
the
Just
.
may
make
him
a
Supersedeas
,
Dal.
187.
The
Justice
needs
not
return
the
Supplicavit
,
nor
make
certificate
,
until
a
Certiorarid●
come
to
him
,
Lam.
109.
Dal.
190.
Supremacy
.
To
refuse
the
oath
of
supremacy
,
the
fir●●
offence
is
Praemunire
,
the
second
Treason
,
●●
Eliz.
cap.
1.
Surety
of
the
P.
is
the
acknowledgement
of
a
recognizance
to
the
King
(
taken
by
a
competent
Judge
of
record
)
for
the
keeping
of
the
Peace
,
Dal.
161.
Lam.
75.
Every
Justice
of
Peace
may
take
and
com●and
the
Peace
either
as
a
Judge
or
a
Mini●●er
,
Da.
ibid.
Justice
of
Peace
may
command
surety
of
●e
Peace
,
either
of
his
own
discretion
,
●●
at
the
prayer
of
another
.
In
what
cases
a
Justice
of
Peace
may
command
surety
of
the
Peace
by
his
own
discretion
,
Dal.
162.
1.
One
that
maketh
an
affray
upon
the
Ju●●ice
himself
,
or
an
assault
.
2.
Such
as
in
his
presence
make
an
affray
●pon
another
,
or
offer
to
strike
another
.
3.
Such
as
in
his
hearing
shall
threaten
to
●ill
,
beat
,
or
hurt
another
,
or
to
burn
his
house
.
4.
Such
as
in
his
presence
contend
only
in
●ot
words
.
5.
Such
as
in
his
presence
go
or
ride
armed
●ffensively
,
or
with
unusual
number
of
ser●ants
or
attendants
;
and
servants
and
la●ourers
that
bear
any
weapons
contrary
to
●he
statute
of
12
Ric.
2.
c.
6.
6.
Any
person
by
him
suspected
to
be
in●lined
to
break
the
Peace
.
7.
If
the
Constable
bring
one
before
him
●hat
shall
threaten
to
kill
,
maim
,
or
beat
ano●●her
.
8.
If
the
Constable
bring
one
who
in
his
presence
attempted
to
break
the
Peace
by
drawn
weapon
striking
or
assaulting
another
.
9.
Whom
the
Constable
findeth
fighting
or
quarrelling
in
a
house
,
he
may
break
open
●he
door
,
and
bring
them
before
a
Justice
of
Peace
to
be
bound
.
10.
He
may
make
his
warrant
for
such
●
have
made
an
affray
,
and
bind
them
to
th●
peace
.
11.
If
one
have
received
a
wound
,
he
ma●
bind
the
one
and
the
other
till
the
wound
b●
cured
,
and
the
malice
over
.
12.
Such
as
go
or
ride
armed
offensivel●
to
fairs
or
markets
,
or
wear
or
carry
dags
o●
pistols
charged
.
13.
Common
Baretors
,
Dal.
163.
14.
Rioters
.
15.
Him
that
standeth
bound
to
keep
th●
peace
,
and
hath
forfeited
his
recognizance
b●
breach
of
the
peace
;
but
not
till
he
be
conv●cted
,
and
the
forfeiture
levied
,
Dal.
163.
Y●
Cro.
141.
saith
,
that
he
may
be
bound
●
new
if
he
be
only
convict
for
breaking
th●
peace
.
16.
Him
that
standeth
bound
,
if
his
sureti●
be
insufficient
.
Just.
of
Peace
is
to
send
to
prison
him
th●
refuseth
to
give
sureties
,
until
he
find
sur●ties
,
Dal.
163.
Cro.
138.
b.
nu.
8.
Justice
of
Peace
may
cause
one
to
be
a●rested
to
finde
surety
of
the
peace
against
another
,
and
grant
a
warrant
for
it
,
for
●●
might
have
bound
him
of
his
own
authorit●
Dal.
163.
Justice
of
Peace
may
perswade
a
man
●
require
surety
of
the
peace
against
an●ther
,
and
grant
a
Warrant
for
it
:
for
●●
might
have
bound
him
of
his
own
auth●rity
,
Lam.
78.
Dal.
162
,
336.
At
the
request
of
another
●e
may
comman●
surety
of
the
peace
,
but
must
first
take
an
o●●
of
the
party
that
demandeth
the
peace
,
th●
●
standeth
in
fear
of
his
life
,
or
of
some
bodi●
hurt
,
or
to
have
his
house
burnt
,
Lam.
●
.
Dal.
163.
Sureties
in
a
recognizance
ought
to
be
●wo
,
and
registred
in
Subsidy
:
for
though
●ome
may
be
sufficient
which
were
not
as●essed
,
yet
it
standeth
not
well
together
,
that
●e
should
be
bound
to
the
King
in
10
li.
or
●o
li.
that
in
Subsidy
was
not
found
worth
●ny
thing
,
Dal.
175.
Justices
of
Peace
in
Sessions
may
exa●ine
sureties
upon
oath
of
their
sufficiency
,
Dal.
175.
●uses
to
require
surety
of
the
Peace
.
1.
He
that
is
threatned
to
be
hurt
in
body
,
●●o
be
beaten
,
wounded
,
maimed
,
or
killed
,
●●l.
164.
2.
He
that
feareth
another
will
beat
,
●und
,
maim
,
or
kill
him
,
Dal.
ibid.
3.
He
that
feareth
another
will
burn
his
●use
,
Dal.
ibid.
4.
He
that
feareth
that
A.
will
procure
a●her
to
hurt
him
in
his
body
,
or
burn
his
●use
,
Dal.
164.
5.
If
a
man
lie
in
wait
to
beat
,
kill
,
or
hurt
●other
,
Dal.
ibid.
Quaere
,
if
he
threaten
to
burn
his
goods
.
In
what
cases
a
man
shall
not
have
the
Peace
granted
.
1.
To
threaten
one
to
imprison
him
,
Dal.
●4
.
Lam.
82.
Cro.
135.
a.
Quaere
tamen
.
Br.
●ace
.
22.
2.
Where
one
is
in
fear
that
a
man
will
hurt
his
servant
,
cattel
,
or
other
goods
,
Dal.
16
▪
Cro.
138.
a.
Lam.
83.
but
he
may
have
a
wr●●
out
of
the
Chancery
.
Dal.
seemeth
to
be
●
the
other
opinion
,
164.
3.
Because
he
is
at
variance
with
●●
neighbour
,
Dal.
164.
Lam.
83.
4.
Where
there
is
no
fear
of
present
future
danger
,
Dal.
164.
Lam.
84.
5.
For
a
battery
past
:
yet
a
Justice
,
if
●
see
cause
,
may
bind
over
the
affrayers
,
D●●
165.
Pax
Regis
14.
Justice
of
Peace
may
deny
to
grant
sure●
of
the
peace
,
if
it
be
upon
meer
vexatio●
yet
if
the
party
will
take
his
oath
,
it
is
n●
safe
to
deny
it
,
Dal.
165.
yet
afterwards
pe●ceiving
it
to
be
of
malice
,
and
for
vexa●●on
,
he
may
bind
the
party
so
requiring
it
his
good
behaviour
.
Against
whom
surety
of
the
Pea●●
may
be
granted
.
Against
a
Knight
,
or
any
person
under
●
degree
of
a
Baron
,
Dal.
166.
Against
Sheriff
,
Coroner
,
Escheator
,
●
other
officer
of
Justice
.
But
it
is
not
go●
to
bind
them
versus
cunctum
populum
,
D●●
166.
Lam.
80
,
81.
Against
any
Ecclesiastical
person
not
●●ing
divine
Service
in
the
Church
or
Chur●●yard
,
or
other
place
dedicated
to
God
,
D●●
166.
50
Ed.
3.
c.
5.
1
R.
2.
c.
15.
One
Justice
of
Peace
may
grant
the
sur●
of
the
peace
against
his
fellow
Justices
,
tho●
sitting
in
Sessions
,
Cro.
134.
b.
Dal.
1●
Lam.
80.
One
Justice
of
Peace
may
demand
the
●eace
against
another
man
,
Lam.
81.
Dal.
67.
The
wife
may
demand
the
peace
against
●er
husband
,
if
he
threaten
to
kill
her
,
or
●utragiously
beat
her
,
or
she
have
notorious
●●use
to
fear
it
;
and
the
husband
may
crave
●e
peace
against
his
wife
,
Dal.
167.
Lam.
78.
●●o
.
133.
b.
The
peace
may
be
granted
to
a
feme
covert
,
●●
an
infant
under
the
age
of
14
years
,
if
he
●ave
discretion
to
crave
the
peace
,
but
they
●ust
be
bound
by
sureties
,
and
an
infant
un●er
that
age
may
demand
it
,
Dal.
167.
La.
79.
A
Lunatick
may
crave
the
peace
,
and
have
●
granted
him
,
Dal.
167.
Lam.
79.
It
may
be
granted
against
one
attainted
●●ther
of
treason
or
of
felony
,
or
convict
of
●eresie
,
Dal.
168.
and
they
may
demand
it
,
●am.
79.
It
may
be
had
against
an
excommunicate
●erson
,
Dal.
168.
and
an
abjured
person
,
ibid.
It
may
be
had
against
one
attainted
in
Prae●unire
,
and
against
an
alien
,
either
made
de●ison
or
living
in
England
,
Dal
ibid.
It
may
be
had
against
one
dumb
and
blind
,
●●
against
an
impotent
person
,
Dalt
.
168.
●am.
79.
Against
whom
the
Peace
cannot
be
granted
.
1.
It
cannot
be
granted
against
any
Noble-●an
,
or
Noble-woman
,
Dal.
165.
2.
Against
one
non
sanae
memoria
,
unless
he
●ave
lucida
intervalla
,
Dal.
167.
Lam.
79.
3.
Against
one
born
dumb
and
deal
;
but
if
he
become
dumb
and
deaf
,
or
made
blin●
and
deaf
accidentally
,
he
may
have
understanding
,
and
the
Peace
may
be
granted
●●
him
or
against
him
,
Dal.
168.
How
the
surety
of
the
Peace
is
to
be
commanded
and
executed
.
A
Justice
of
Peace
may
command
the
Peace
by
-
word
-
writing
.
By
word
.
The
party
being
present
in
the
presence
●●
the
Justice
of
Peace
,
threatneth
another
,
o●
maketh
an
assault
or
affray
upon
another
,
o●
doth
any
other
act
tending
to
the
breach
o●
the
Peace
,
Dal.
169.
Cro.
138.
b.
nu.
8.
La●
84
,
85.
One
demandeth
the
surety
of
the
Peace
being
present
,
and
taketh
his
oath
he
is
affrayed
,
&c.
the
Justice
may
command
th●
other
to
find
surety
,
Dal.
169.
Cro.
138.
Lam
▪
ibid.
The
Justice
in
such
cases
may
command
the
Constable
or
other
known
officer
,
or
his
own
servant
being
present
,
to
arrest
such
party
to
find
surety
of
the
Peace
,
and
may
commit
to
the
Goal
such
party
refusing
to
find
surety
,
Dal.
Cro.
Lam.
ibid.
By
writing
.
The
Justice
by
precept
or
warrant
in
writing
under
his
seal
directed
to
some
known
officer
,
or
other
indifferent
person
,
containing
the
cause
and
at
whose
suit
,
to
the
end
the
parties
may
provide
the
sureties
,
and
take
them
with
them
,
Lam.
87.
Dal.
170.
The
Justice
may
make
his
warrant
to
bring
the
party
before
him
,
but
the
usual
manner
is
●o
bring
the
party
before
the
same
Justice
,
●r
some
of
the
Justices
of
the
County
,
Dal.
●●0
.
Who
may
serve
the
Warrant
,
vide
Warrant
.
The
Constable
is
first
to
acquaint
the
party
with
the
matter
in
the
Warrant
;
and
if
he
refuse
to
go
before
the
Justice
to
finde
sureties
,
he
may
arrest
him
and
carry
him
to
the
Goal
,
without
carrying
him
to
the
Justice
,
Lam.
90.
Dal.
170.
Br.
Faux
Impris.
18.
If
the
party
yield
to
find
surety
,
the
officer
is
not
bound
to
go
up
and
down
with
him
,
but
may
keep
him
until
he
can
procure
sureties
to
come
to
him
;
if
afterward
he
make
resistance
,
or
offer
to
go
away
,
he
may
by
his
warrant
carry
him
to
the
Goal
,
and
set
him
in
the
stocks
till
he
can
get
aid
to
convey
him
to
the
Goal
,
Dal.
170.
Lam.
92.
The
arrest
is
not
justifiable
except
the
Officer
do
carry
him
to
the
Goal
that
refuseth
to
finde
sureties
,
Cro.
171.
b.
Dal.
171.
The
party
may
go
before
any
other
Justice
(
if
the
warrant
proceed
ex
officio
)
to
offer
the
sureties
,
but
cannot
force
the
Officers
to
travel
out
of
the
division
where
they
dwell
.
Nay
it
is
at
the
election
of
the
officer
to
carry
the
party
to
any
other
Justice
,
rather
then
to
give
the
election
to
the
delinquent
,
Dal.
171.
Lam.
94.
The
party
coming
before
the
Justice
is
to
offer
his
sureties
,
or
else
the
Justice
is
to
commit
him
,
for
the
Justice
needeth
not
to
demand
them
,
Dal.
171.
If
the
party
refuse
before
the
Justice
of
Peace
to
finde
sureties
,
the
Officer
by
the
first
Warrant
may
commit
him
,
Dal.
171.
Lam.
92
▪
The
Officer
is
fineable
if
he
arrest
the
party
,
and
do
not
carry
him
before
a
Justice
of
Peace
,
if
he
be
willing
to
finde
sureties
;
secondly
,
if
upon
refusal
they
arrest
him
,
and
do
not
carry
him
to
the
Goal
,
Dal.
171.
The
party
being
imprisoned
,
the
Justice
of
Peace
may
make
him
his
L●berate
;
first
,
if
the
complainant
die
;
secondly
,
if
he
do
enter
surety
of
the
Peace
,
Dal.
171.
If
the
imprisoned
have
a
suit
depending
in
the
common
Pleas
,
by
some
opinions
,
the
imprisoned
may
be
discharged
by
a
Writ
of
priviledge
.
Quaere
tamen
,
Dal.
171.
Lam.
94.
Cro.
138.
a.
nu
4.
A
sworn
&
known
officer
needeth
not
to
shew
his
Warrant
,
but
the
servant
of
the
Justice
must
shew
it
if
it
be
required
,
Lam.
89.
Dal.
340.
If
Husband
and
Wife
be
bound
to
appear
,
and
in
the
mean
time
to
keep
the
Peace
,
and
the
Husband
onely
appeareth
,
the
recognizance
is
not
forfeited
,
Dal.
179.
Quaere
Cro.
144.
b.
Suspicion
and
sus●ects
of
felony
.
A
suspect
of
felony
ought
not
to
be
arrested
by
a
Warrant
from
a
Justice
of
Peace
,
unless
he
be
indicted
before
:
for
if
the
Bailiff
which
serveth
the
Warrant
doth
suspect
him
,
he
may
do
it
of
himself
without
a
Warrant
;
and
without
suspicion
the
Justices
Warrant
is
no
Warrant
,
Lam.
188.
Dal.
339.
Cro.
147.
b.
148.
b.
197.
a.
nu.
21.
Quaere
Dal.
339.
Br.
Faux
Impris.
8.
Suspicion
only
without
felony
committed
,
is
no
cause
to
arrest
another
,
Cro.
154.
a
nu.
28.
Dal.
331.
Brook
ibid.
1
,
4.
A
felony
being
committed
,
every
man
may
arrest
suspicious
persons
that
be
of
evil
fame
,
&c.
and
if
such
person
make
resistance
,
the
other
may
justifie
to
beat
him
,
Dal.
345.
The
Constable
or
other
person
that
arresteth
one
for
felony
or
suspicion
,
must
himself
suspect
,
Dal.
311
,
345.
Cro.
99.
b.
nu.
43.
In
an
arrest
for
suspicion
of
felony
,
the
party
that
causeth
the
arrest
must
suspect
him
,
and
also
shew
some
cause
of
supicion
:
otherwise
every
man
may
arrest
another
for
felony
done
,
Cro.
99.
b.
nu.
44.
Dal.
311
,
312.
where
he
maketh
a
quaere
.
Swans
.
Taking
away
from
his
own
or
another
mans
grounds
Swans
eggs
of
another
mans
,
upon
conviction
and
examination
of
witnesses
is
imprisonment
for
a
year
and
day
,
and
loss
of
ten
pound
,
Lam.
446.
To
steal
Swans
unmarked
,
if
they
be
domi●i
,
and
kept
in
a
mans
manour
or
private
rivers
,
is
felony
,
Dal.
267.
Swearing
.
He
that
sweareth
or
curseth
,
being
convicted
by
hearing
of
any
Justice
of
the
Peace
,
or
by
oath
of
two
witnesses
,
or
confession
of
the
party
before
a
Justice
of
Peace
,
loseth
12
perce
to
the
poor
,
where
the
offence
shall
be
committed
,
to
be
levied
by
distress
,
the
offence
being
proved
within
twenty
daies
;
or
for
default
of
a
distress
to
be
set
in
the
stocks
three
hours
,
21
Jac.
c.
20.
&
3
Car.
c.
4.
The
Warrant
for
distress
is
to
be
made
to
the
Constable
,
Churchwardens
,
and
Overseers
of
that
parish
where
the
offence
is
committed
,
21
Jac.
c.
20.
The
offender
being
under
twelve
years
of
age
,
and
not
forthwith
paying
his
twelve
pence
,
by
warrant
of
a
Justice
of
Peace
,
or
head-officer
,
is
to
be
whipped
by
the
Constable
,
or
by
the
parent
or
master
in
his
presence
,
ibid.
Taxations
vide
Stock
of
the
shire
.
TAxations
made
for
a
Common-wealth
,
as
making
or
mending
of
bridges
,
high-waies
,
causeys
,
sea-banks
,
&c.
shall
be
upon
all
persons
though
they
assent
not
,
Dal.
141.
Coke
5
,
63.
Br.
Customs
6.
A
town
is
amerced
,
and
by
assent
of
neighbours
,
every
inhabitant
is
assessed
,
and
they
appoint
I.
S.
to
collect
it
,
and
,
for
non-payment
such
a
day
,
to
distrein
:
such
a
distress
taken
by
I.
S.
for
rates
is
good
,
Dal.
141.
Brook
Customs
6.
Coke
5
,
63.
Doctor
&
Student
74.
b.
Tale-bearers
,
vide
News
.
.
Tanners
,
vide
Leather
.
.
Tavern-keeper
.
Assignment
of
such
as
shall
keep
a
Tavern
to
utter
wine
,
is
to
be
made
at
the
general
Sessions
,
unless
it
be
otherwise
by
especial
grant
,
7
Ed.
6.
c.
5.
Lamb.
614.
Testimonial
.
Testimonial
under
the
hand
of
one
Justice
of
Peace
sealed
,
is
sufficient
to
pass
in
hay-time
and
harvest
time
from
one
County
to
another
,
Lam.
190.
In
all
testimonials
and
passports
some
assured
marks
of
the
party
,
by
which
he
may
infallibly
be
distinguished
and
known
from
others
,
are
fit
to
be
specified
,
Lam.
206.
Testimonial
for
a
serving-man
turned
from
his
masters
service
,
or
whose
master
is
dead
,
ought
to
be
made
by
two
Justices
of
Peace
,
27
E●
.
cap.
11.
Lam.
331.
Dal.
127.
maketh
a
Quaere
.
None
retained
in
husbandry
is
to
depart
without
Testimonial
at
the
end
of
his
term
,
5
El.
c.
4.
Vide
Servants
.
Theft
.
Theft
is
a
fraudulent
and
felonious
taking
of
another
mans
personal
goods
,
in
the
absence
of
the
owner
,
and
without
his
knowledge
,
Lam.
272.
Dal.
262.
Theft
is
either
Grand-larceny
,
or
Petty
,
larceny
.
Grand-larceny
is
when
goods
stollen
are
above
12
pence
,
and
it
is
felony
of
death
,
except
the
party
be
saved
by
his
book
,
Dal.
263.
Yet
if
the
goods
be
of
more
value
,
and
the
Jury
find
it
did
not
exceed
12
pence
,
it
is
not
Grand-larceny
,
Dal.
ibid.
Petty
larceny
is
if
the
goods
do
not
exceed
12
pence
,
and
is
not
felony
of
death
,
but
imprisonment
for
some
time
,
or
whipping
,
or
some
other
punishment
by
the
discretion
of
the
Justices
before
whom
the
party
is
arraigned
,
Dal.
ibid.
For
petty-larceny
,
the
Justice
of
Peace
before
whom
the
offender
shall
be
brought
is
not
to
punish
him
,
but
either
to
send
him
to
the
house
of
correction
,
or
to
bail
him
,
Dal.
ibid.
Petty-larceny
is
forfeiture
of
goods
and
chattels
.
Six
pence
,
four
pence
,
and
three
pence
,
being
taken
by
one
at
several
times
from
one
and
the
same
person
,
may
be
put
together
in
one
indictment
,
Dal.
263
Lam.
273
Stam.
24.
If
two
or
more
steal
above
12
pence
from
one
,
it
is
felony
of
death
in
every
one
,
Dal.
ibid.
Lam.
273.
The
manner
.
To
make
an
act
larceny
,
there
must
be
first
a
taking
,
secondly
,
a
carrying
away
,
Lam.
277.
Dal.
263.
Yet
it
may
be
felony
though
the
offender
came
to
it
by
the
delivery
of
the
owner
,
Lam.
278.
As
,
A
Taverner
setteth
plate
before
his
guests
to
drink
in
,
and
his
guests
carry
it
away
;
it
is
felony
,
Dal.
264.
Lam.
278.
Cro.
35.
b.
nu.
4.
A
Carrier
carrieth
goods
to
him
delivered
to
the
place
appointed
,
and
there
breaketh
them
up
,
and
embezelleth
them
;
it
is
felony
,
Dal.
264.
Cro.
36.
a.
nu.
13.
Lamb.
279.
A
carrier
taketh
out
parcels
of
the
goods
to
him
delivered
;
it
is
felony
,
Dal.
264.
Cro.
36.
a.
nu.
11.
A
Carrier
conveyeth
them
to
another
place
,
and
there
breaketh
them
up
,
and
conveyeth
part
or
all
to
his
own
use
;
it
is
felony
,
Dal.
264.
Lam.
278.
Where
,
after
delivery
,
the
imbezelling
is
no
felony
.
A
Carrier
imbezelling
the
whole
,
Lam.
278.
Cro.
36.
A
stranger
borroweth
a
horse
,
and
rifleth
away
.
A
Clothier
delivereth
his
wool
to
his
work-folk
.
One
delivereth
his
goods
to
another
to
keep
.
One
delivereth
money
,
to
A.
to
pay
B.
Felony
in
servants
by
force
of
the
statute
5
El.
c.
10.
Servant
of
the
age
of
18
years
(
other
then
an
apprentice
)
to
whom
any
money
,
goods
,
or
chattels
,
&c.
by
his
master
or
mistress
shall
be
delivered
to
keep
,
of
the
value
of
40
shill.
or
above
;
if
he
go
away
with
,
or
convert
the
same
to
his
own
use
,
with
intent
to
steal
the
same
,
or
to
defraud
his
master
or
mistress
,
it
is
felony
,
if
it
be
prosecuted
within
a
year
,
Lam.
279.
Dal.
265
,
Wherein
are
divers
cases
.
A
man
receiveth
of
his
master
20
pound
in
gold
to
keep
,
which
he
changeth
into
silver
,
and
runneth
away
with
it
,
they
are
both
of
one
nature
,
therefore
felony
,
Dal.
265.
Lam.
280.
Cro.
35.
b.
nu.
6.
One
servant
delivereth
to
his
fellow
servant
to
the
value
of
40
shillings
of
his
masters
goods
,
and
he
goeth
away
with
it
,
or
converteth
it
to
his
own
use
;
it
is
felony
,
Dal.
ibid.
Cro.
50.
a.
Lam.
280.
A
servant
maketh
a
garment
of
his
master●
cloath
,
and
goeth
away
therewith
;
it
is
felony
,
Dal.
265.
Cro.
50.
a.
Quaere
of
barley
converted
into
malt
,
o●
mony
melted
into
a
piece
of
metal
,
Dal.
266
▪
An
obligation
is
delivered
unto
a
servant
and
he
goeth
away
with
the
mony
received
upon
the
same
obligation
;
it
is
no
felony
within
the
statute
of
5
El.
c.
10.
for
the
master
delivered
not
the
mony
,
Dal.
265.
Cro.
35.
b.
nu.
5.
50.
a.
The
servant
carrieth
his
masters
wares
to
market
,
selleth
them
,
and
goeth
away
with
the
mony
,
or
converteth
it
to
his
own
use
it
is
not
felony
within
the
statute
of
5
El.
c
▪
10.
Dal.
266.
Cro.
50.
a.
Lam.
280.
A
Receiver
receiveth
rents
,
and
goeth
away
with
them
;
it
is
no
felony
,
for
the
statute
is
,
where
the
master
delivereth
to
keep
,
Dal.
266.
Cro.
50.
a.
I
deliver
to
my
servant
an
horse
to
ride
to
market
,
or
mony
to
buy
things
or
pay
another
,
and
he
goeth
away
with
it
;
it
is
no
felony
at
the
Common
law
,
for
it
was
of
his
masters
delivery
,
Dal.
266.
Cro.
35.
b.
nu.
7.
Quaere
if
it
be
not
felony
by
5
El.
c.
10.
My
shepherd
selleth
my
sheep
falsly
,
it
is
felony
Cro.
35.
b.
nu.
9.
but
Stamf.
25.
a.
contra
.
A
servant
keepeth
the
key
of
his
masters
chamber-door
,
and
taketh
away
above
the
value
of
12
pence
;
it
is
felony
at
the
Common
law
,
for
they
were
not
delivered
him
,
Dal.
266.
Lam.
279.
A
guest
taketh
the
sheets
or
other
goods
of
the
host
feloniously
into
some
other
room
of
the
house
,
it
is
felony
,
Dal.
266.
Cro.
35.
a.
nu.
2.
Lamb.
281.
Br.
Coron.
107.
A
man
feloniously
taketh
an
horse
,
and
is
apprehended
before
he
gets
out
of
the
close
where
he
went
,
Lamb.
281.
Dalt
.
267.
Cro.
36.
a.
nu.
12.
Not
enquirable
before
Justices
of
Peace
.
A
servant
taketh
away
or
spoileth
his
deceased
masters
goods
;
in
default
of
appearance
in
the
Kings
Bench
after
proclamation
,
it
is
felony
,
Dal.
266.
Cro.
56.
a.
6.
33
H.
6.
c.
1.
Of
what
things
felony
may
be
committed
.
Of
moveable
goods
,
as
mony
,
plate
,
apparel
,
houshould-stuff
,
&c.
so
of
corn
,
hay
,
trees
,
fruit
,
&c.
being
severed
from
the
ground
,
Dal.
267.
Lam.
273.
Of
domestical
things
,
as
horses
,
mares
,
colts
,
oxen
,
kine
,
sheep
,
lambs
,
swine
,
pigs
,
hens
,
geese
,
ducks
,
turkeys
,
or
any
other
domestical
beasts
or
birds
of
tame
nature
:
and
though
they
run
or
away
fly
out
of
the
owners
sight
,
the
detainer
is
punishable
by
action
,
Dal.
267.
Of
wild
nature
,
young
pidgeons
out
of
another
mans
dove-house
,
young
hawks
or
herons
breeding
in
parks
or
several
grounds
,
fishes
kept
in
a
trunck
or
pond
,
Cro.
36.
b.
nu.
22.
Lamb.
274.
Dal.
267.
Stam.
25.
saith
gos-hawks
.
Quaere
of
old
doves
in
a
dove-house
,
Lam.
274.
So
swans
marked
,
and
at
large
,
and
tame
deer
marked
and
domestical
,
if
the
take●●
know
it
to
be
tame
,
Dal.
267.
Lam.
275.
Cro.
36.
b.
nu.
23.
By
statute
it
is
felony
,
to
hunt
deer
or
conies
after
some
sort
in
park
,
forrest
,
or
warren
,
or
to
take
a
tame
beast
or
other
thing
in
a
park
by
manner
of
robbery
,
Vide
3
E.
1.
c.
20.
1
H.
7.
c.
7.
Lam.
275.
Dal.
268.
So
to
take
away
or
conceal
an
hawk
,
ib.
To
steal
the
flesh
of
tame
or
wild
fowl
dead
,
is
felony
,
Stam.
25.
Lam.
275.
Dal
269.
To
pul
wooll
off
the
sheeps
backs
,
or
to
kill
them
for
their
skins
,
Dal.
269.
Cro.
36.
a.
nu.
17.
Lam.
ibid.
A
man
may
commit
felony
in
taking
his
own
goods
:
As
,
I
lend
or
deliver
goods
to
another
to
keep
,
and
after
take
them
away
feloniously
or
fraudulently
,
to
recover
the
same
by
action
of
Detinue
,
Dal.
270.
Cro.
37.
b.
nu.
42.
b.
Stam.
26.
a.
Lamb.
277.
Br.
Coro
.
142.
quaere
.
I
lend
or
deliver
my
plate
or
goods
to
another
,
who
melteth
my
plate
,
or
changeth
the
fashion
of
my
goods
,
to
take
them
feloniously
is
felony
in
me
,
Dal.
270.
Cro.
37.
a.
nu.
34.
Lam.
277.
If
a
man
pursue
or
take
a
felon
that
hath
stollen
his
goods
,
taketh
them
and
suffereth
the
thief
to
escape
,
he
is
no
accessary
;
for
he
may
agere
civiliter
aut
criminaliter
in
initio
,
Lam.
290.
Terms
of
Law
,
Titu
.
theft-boot
,
Cro.
37.
a.
45.
b.
42.
b.
P.
R.
131.
Dal.
296.
If
the
party
robbed
take
money
,
&c.
of
the
thief
,
to
the
end
that
he
shall
not
give
evidence
against
him
,
whereby
the
thief
escapeth
,
he
is
accessary
to
felony
of
his
own
goods
,
Lam.
290.
Dal.
296.
Cro.
41.
nu.
5.
Quaere
,
if
a
man
having
made
complaint
to
●
Justice
of
Peace
,
take
his
stollen
goods
again
,
and
doth
not
prosecute
the
matter
,
whether
it
make
him
not
accessary
,
for
that
he
did
once
agere
criminaliter
.
Dal.
296.
Of
what
things
felony
is
not
committed
.
Things
which
are
real
chattels
,
Lam.
275
,
276.
Dal.
270.
To
cut
down
any
tree
or
corn
,
or
pull
any
apples
,
or
carry
them
away
,
Dal.
270.
Lam.
276.
Being
cut
and
gathered
for
one
,
and
then
for
another
to
carry
them
away
,
it
is
felony
:
or
if
a
stranger
cut
at
one
time
,
and
carry
away
at
another
time
,
it
is
felony
,
Dal.
270.
Cro.
36.
b.
nu.
26.
Lam.
276.
Lead
upon
an
house
or
Church
is
part
of
the
freehold
,
Dal.
270.
Cro.
37.
a.
nu.
33.
Evidence
of
a
mans
land
,
indenture
of
lease
,
or
other
writings
in
box
or
out
of
box
,
cannot
be
valued
,
Lam.
275.
Dal.
270.
To
take
away
an
infant
in
ward
,
is
no
felony
,
Dal.
270.
Lam.
276.
Treasure
trove
or
hidden
,
wreck
of
the
sea
,
goods
waived
or
straied
;
for
the
owner
is
unknown
,
Lamb.
276.
Br.
Coro
.
96.
Dalt
.
270.
But
felony
may
be
committed
by
taking
bona
ignoti
,
or
mortui
&
ignoti
,
or
parochianotum
,
or
of
a
Church
or
Chappel
,
or
of
a
Corporation
in
time
of
vacation
,
Lam.
276
,
277.
Dal.
270.
What
persons
are
chargeable
in
larceny
.
A
woman
covert
by
her selfe
,
her
husband
not
knowing
thereof
,
committeth
larceny
a●
principal
,
if
she
steal
another
mans
goods
;
o●
as
accessary
,
if
she
receiveth
the
thief
tha●
stole
them
,
or
receiveth
the
stolen
goods
int●
her
house
knowing
them
to
be
so
,
or
locket●
them
up
;
and
the
husband
knowing
thereof
the
law
will
impute
the
fault
to
him
,
not
t●
her
:
but
if
the
husband
so
soon
as
he
knoweth
it
,
forsake
his
house
and
her
company
,
and
remain
elsewhere
,
he
shall
not
be
charged
for
her
offence
,
Sta.
26.
P.
R.
130.
Lam.
282
Dal.
271.
The
husband
delivereth
goods
to
a
stranger
,
the
wife
stealeth
them
from
the
stranger
it
is
felony
in
the
wife
,
Dal.
271.
A
stranger
goeth
away
with
another
man●
wife
,
and
against
her
will
carrieth
away
he●
husbands
goods
;
it
is
felony
in
the
stranger
Cro.
35.
a.
nu.
2
,
P.
R.
130.
Dal.
271.
A
servant
stealeth
by
the
compulsion
of
his
master
,
it
is
felony
in
both
,
Cro.
37.
a.
nu.
37
▪
Dal.
273.
Who
are
not
felons
.
A
wife
stealeth
by
the
compulsion
of
her
husband
,
it
is
no
felony
in
her
,
Cro.
36.
b.
nu.
27.
&
37.
a.
nu.
36.
Lam.
282.
Dal.
271.
but
to
do
murder
by
her
husbands
compulsion
,
is
felony
in
both
,
Dal.
ibid.
Cro.
37.
a.
nu.
38.
A
wife
stealeth
by
commandement
of
her
husband
without
constraint
,
quaere
,
Dal.
271.
Stam.
26.
P.
R.
130.
Lam.
281.
The
husband
and
wife
together
steal
goods
,
it
is
felony
in
the
husband
only
,
Dal.
271.
Stam.
26.
Lam.
282.
A
wife
stealeth
goods
delivered
to
her
husband
,
it
is
no
felony
,
Dalt
.
272.
Cro.
37.
a.
nu.
35.
The
wife
stealeth
her
husbands
goods
,
and
delivereth
them
to
strangers
,
it
is
felony
in
neither
,
Dal.
272.
Stam.
27.
Lam.
282.
Cro.
35.
a.
nu.
2.
The
wife
receiveth
the
husband
being
felon
,
and
relieveth
him
,
she
is
no
accessary
,
Cro.
42
b.
nu.
22.
Dal.
272.
Stam.
26.
f.
An
ideot
,
lunatick
,
dumb
and
deaf
person
,
and
an
infant
,
are
chargeable
in
larceny
after
the
same
sort
as
they
are
chargeable
in
homicide
,
Lamb.
282.
Dal.
273
,
295.
Vide
Manslaughter
.
Threatning
.
He
that
shall
be
threatned
to
be
hurt
in
his
body
,
to
be
beaten
,
wounded
,
maimed
,
killed
,
may
crave
and
have
the
peace
against
the
other
,
Dal
,
164.
Lamb.
82.
If
a
man
be
threatned
to
have
his
goods
burned
,
quaere
if
he
may
have
the
peace
,
Dal.
164.
Lam.
82.
To
threaten
to
imprison
a
man
is
no
cause
of
the
craving
of
the
peace
;
for
the
wronged
may
have
his
action
of
false
imprisonment
,
or
his
Writ
de
homine
repleg●ando
,
Dal.
164
,
Lam.
82
,
83.
Quaere
.
To
enter
peaceably
into
an
house
,
&c.
and
put
out
B
,
and
presently
threaten
and
say
to
B
,
that
if
he
do
come
thither
again
to
enter
,
he
will
kill
him
;
this
seemeth
a
forcible
entry
:
and
if
B.
come
again
to
make
his
entry
,
then
if
the
other
shall
threaten
to
kill
him
,
if
he
entreth
,
it
is
a
forcible
detainer
,
Dal.
202.
Cro.
70.
b.
nu.
39.
Tile-making
.
One
Justice
of
Peace
may
enquire
,
hear
,
and
determine
by
his
discretion
,
as
well
by
examination
of
the
offender
,
as
otherwise
,
the
offence
committed
in
tile-making
,
and
assess
the
fine
therein
limited
,
and
may
appoint
men
skilful
to
be
searchers
.
Quaere
tamen
whether
one
may
do
it
alone
,
Lam.
193
,
194.
Dal.
144.
17
E.
4.
c.
4.
Earth
for
tile
is
to
be
digged
before
the
first
of
November
,
and
to
be
turned
and
stirred
before
the
first
of
February
following
,
and
to
be
tried
from
stones
,
veins
and
chalk
,
and
not
to
be
wrought
before
March
following
,
or
lose
double
the
value
to
the
buyer
,
17
E.
4.
c.
4.
Lamb.
468.
Plain
tile
put
to
sale
,
is
to
be
ten
inches
and
an
half
long
,
6
inches
and
a
quarter
broad
,
3
quarters
of
an
inch
thick
,
or
lose
5
shill.
a
hundred
,
17
E.
4.
c.
4.
Lam.
468.
Roof-tile
must
be
13
inches
long
,
half
inch
and
half-quarter
of
an
inch
thick
,
conveniently
deep
,
or
lose
6
shill.
8
pence
an
hundred
,
ibid.
Gutter-tile
must
be
10
inches
and
an
half
long
,
of
convenient
breadth
,
depth
and
thickness
,
or
lose
two
shill
▪
an
hundred
,
ibid.
Searchers
of
tile
,
for
every
default
in
searching
,
lose
10
shill.
ibid.
Tipling
.
The
Inne-keeper
,
Victualler
,
or
Alehouse-keeper
,
that
suffereth
any
to
continue
tipling
in
his
house
shall
forfeit
10
shill.
to
be
levled
by
distress
,
by
warrant
from
one
Justice
of
Peace
,
and
to
be
sold
,
after
6
daies
;
for
want
of
distress
to
be
sent
to
the
gaol
till
payment
be
made
,
1
Jac.
c.
9.
7
Jac.
c.
10.
1
Car.
c.
4.
Lam.
192.
The
Oath
of
Constables
,
Churchwardens
,
Headboroughs
,
Tithingmen
,
and
Aleconners
,
are
to
be
enlarged
,
and
extend
to
present
all
offences
against
the
statutes
of
1
Jac.
c.
9.
&
4
Jac.
c.
5.
21
Jac.
c.
7.
Any
continuing
tipling
in
an
Inne
,
Victualling-house
,
or
Alehouse
,
shall
forfeit
3
shill.
4
pence
to
the
poor
,
or
not
being
able
to
pay
the
same
,
shall
sit
in
the
stocks
four
hours
,
1
Iac.
c.
9.
7
Iac.
c.
10.
21
Iac.
c.
7.
Vide
Alehouses
,
4
Iac.
c.
5.
Tithes
.
Two
Justices
of
Peace
,
one
being
of
the
Quorum
,
upon
complaint
by
any
competent
Judge
of
tithes
,
for
any
misdemeanour
of
the
defendant
in
a
suit
of
tithes
,
may
cause
him
to
be
attached
and
committed
to
ward
,
till
he
finde
surety
by
recognizance
to
obey
the
sentence
and
process
of
the
Judge
,
27
H.
8.
c.
7.
27
Eliz.
c.
11.
Lam.
357
Dal.
141.
Upon
complaint
in
writing
by
an
Ecclesiasticall
Judge
that
hath
given
definitive
sentence
in
case
of
tithes
against
one
wilfully
resusing
to
pay
the
tithes
or
summe
of
money
adjudged
,
two
such
Justices
of
P.
may
cause
the
party
to
be
attached
and
imprisoned
,
till
he
finde
surety
to
perform
the
sentence
,
32
H.
8.
c.
7.
Dal.
144.
Lam.
357.
Cro.
197.
a.
nu.
22.
Miller
taking
Toll
by
heaped
measure
,
is
to
be
fined
31
Ed.
1.
de
pistoribus
,
Lam.
461.
Miller
taking
excessive
Toll
,
viz.
more
then
the
twentieth
or
twenty
fourth
part
of
the
Corn
according
to
the
force
of
the
water
,
or
by
a
Toll-dish
not
agreeing
with
the
Kings
measure
,
or
otherwise
then
by
strike
,
shall
be
grievously
amerced
,
51
H.
3.
c.
3
Cro.
92.
a.
A
Miller
shall
have
Toll
of
a
bushel
of
hard
Corn
three
wine
pints
,
and
of
a
bushel
of
Malt
but
one
pint
,
if
the
Corn
be
brought
to
the
Mill
;
for
that
a
Mill
will
grinde
,
three
bushels
of
Malt
as
soon
as
one
bushel
of
hard
Corn
,
Cro.
92.
a.
Quaere
,
for
51
H.
3.
c.
3.
doth
not
express
so
much
.
Vide
Dal.
151.
Toll-gatherer
for
horses
taking
above
a
peny
for
one
contract
or
entring
the
parties
names
,
and
that
in
the
same
place
only
where
the
market
or
fair
is
,
and
between
ten
of
the
clock
in
the
morning
and
Sun-setting
,
loseth
ten
shill.
and
is
to
answer
the
party
grieved
,
2
&
3
P.
&
M.
c.
4.
Lam.
471
,
472.
Toll-taker
not
knowing
the
seller
of
an
horse
,
mare
,
&c.
the
seller
may
bring
one
creditable
witness
that
will
testifie
he
knoweth
the
sellers
name
,
mystery
,
and
dwelling-place
,
and
there
to
enter
them
with
the
true
price
of
the
horse
,
or
loseth
5
l.
31
Eliz.
c.
12.
Cro.
91.
a.
Lam.
472.
Any
giving
testimony
to
the
Toll-taker
,
unless
he
do
truly
know
the
same
,
loseth
five
pound
,
ibid.
A
thief
selleth
a
stolen
horse
by
a
false
name
,
and
is
so
entred
into
the
Toll-book
,
such
misnaming
maketh
the
sale
void
,
Dal.
74.
Toll-taker
refusing
to
give
to
the
buyer
or
taker
of
such
an
horse
,
&c.
a
true
note
in
writing
of
his
entry
,
the
party
paying
two
pence
for
the
same
,
loseth
5
l.
31
El.
c.
12.
Transportation
.
Every
man
may
transport
corn
,
it
being
at
●he
prices
following
,
except
it
be
forbidden
by
proclamation
,
1
Iac.
c.
25.
21
Iac.
c.
28.
3
Car.
●
4.
-
Wheat
,
a
quarter
26
shil.
8
pence
.
-
Rie
and
Pease
,
a
quarter
15
shill.
-
Barley
and
Oats
,
a
quarter
14
shill.
Every
subject
born
within
the
Realm
,
when
●he
prices
of
corn
at
the
times
,
places
,
and
●avens
when
&
where
the
said
corn
shall
be
bought
,
shipped
or
laden
,
exceed
not
the
rates
following
,
may
carry
and
transport
of
his
own
,
and
buy
to
sell
again
in
markets
,
or
out
of
markets
,
and
to
keep
,
or
sell
,
or
carry
,
or
transport
any
of
the
said
corn
from
the
places
where
they
shall
be
of
such
prices
,
unto
any
parts
beyond
the
seas
in
amity
with
his
Majesty
,
in
English
vessels
,
or
carry
or
sell
in
other
places
within
the
Realm
,
except
where
such
transportation
shall
be
forbidden
by
the
Kings
Proclamation
,
3
Car.
c.
4.
-
Wheat
,
a
quarter
32
shill.
-
Rie
,
Pease
and
Beans
,
a
quarter
20
shill.
-
Barley
,
a
quarter
16
shill.
Every
man
may
transport
any
beer
,
when
the
price
of
a
quarter
of
Malt
exceedeth
not
16
shillings
.
Traverse
is
the
denying
of
the
chief
matte●
in
an
indictment
,
Lam.
540.
Traverse
upon
a
forcible
entry
or
detaine●
found
upon
presentment
,
quaere
before
who●
the
traverse
is
to
be
made
or
tendred
,
La●
▪
158.
Notwithstanding
offer
of
traverse
upon
e●quiry
of
a
force
,
the
Justice
of
Peace
mu●●
make
the
restitution
by
the
statute
of
8
H.
●
or
else
deliver
or
certifie
the
presentment
i●
the
Kings
Bench
,
Lam.
158.
Dal.
60.
Traverse
lyeth
where
one
Just.
of
P.
alon●
will
take
upon
him
to
record
a
Riot
that
h●
seeth
,
and
the
party
shall
not
be
conclude
thereby
,
Lam.
182.
Traverse
of
an
indictment
of
felony
o●
treason
is
not
usual
,
Lam.
541.
Traverse
of
an
indictment
may
be
befor●
the
Justices
of
Peace
,
Lamb.
542.
If
the
Cou●●
where
the
presentment
is
found
cannot
a●
ward
process
thereof
,
it
cannot
receive
a
traverse
of
the
presentment
,
as
a
leet
of
blood
shed
,
Lam.
542.
That
Court
that
may
award
process
ad
respondendum
upon
an
indictment
,
may
take
●
traverse
of
it
,
Lam.
543.
Presentment
of
bloodshed
found
in
th●
Sheriffs
turn
,
and
sent
to
the
Justices
of
Peace●
cannot
be
traversed
before
them
,
Lam.
54●
▪
One
of
the
Enquests
presents
himself
,
it
i●
not
traversable
,
Lam.
543.
Where
process
ad
respondendum
goeth
ou●
upon
an
indictment
that
is
traversable
,
th●
party
may
offer
and
have
his
traverse
,
Lam
▪
542
,
543.
Quaere
whether
a
man
be
admitted
to
traverse
a
presentment
except
it
change
him
in
the
freehold
,
Lam.
543.
Travelling
beyond
the
Seas
.
Officer
of
Ports
,
or
owner
of
a
Vessel
,
suffering
any
woman
or
child
under
21
years
of
age
,
except
Sailers
ship-boies
,
apprentices
or
●actors
of
Merchants
in
their
trades
,
to
go
,
or
carrying
any
of
them
beyond
sea
,
without
●icence
of
the
King
or
six
of
the
Privy
Coun●el
under
their
hands
,
such
Officer
of
the
Ports
forfeiteth
his
office
and
all
his
goods
,
and
the
master
of
the
Vessel
his
Vessel
,
and
●mprisonment
without
bail
for
12
months
,
and
loseth
also
all
his
goods
,
3
Jac.
c.
4.
Any
subject
going
beyond
the
seas
to
serve
●ny
forein
State
,
not
taking
the
oath
of
al●egeance
before
the
Controller
or
Customer
of
the
Port
,
or
either
of
their
deputy
or
depu●ies
,
before
his
going
,
shall
be
a
selon
:
the
●ath
by
them
to
be
registred
and
certified
in●o
the
Exchequer
once
every
year
,
or
lose
5
l.
or
every
oath
not
certified
,
3
Jac.
c.
4.
Any
Gentleman
,
or
of
an
higher
degree
,
or
Captain
,
or
other
officer
in
the
army
,
before
●is
going
beyond
sea
to
serve
any
forein
●rince
or
State
,
must
be
bound
by
the
Con●roller
or
the
Customer
of
the
Port
,
with
two
●●reties
allowed
by
the
Officer
,
unto
the
King
●●o
pound
,
with
condition
not
to
be
recon●iled
to
the
Pope
,
nor
to
practise
any
thing
●gainst
the
King
,
but
knowing
any
thing
to
●eveal
it
:
the
same
bond
to
be
by
them
regi●●red
and
certified
into
the
Exchequer
once
●very
year
,
or
lose
5
pound
for
every
default
●
Jac.
c.
4.
Children
not
being
Souldiers
,
Mariners
,
Merchants
Apprentices
or
Factors
,
going
beyond
sea
without
licence
of
the
King
or
six
of
the
Privy
Councel
,
(
whereof
the
principal
Secretary
to
be
one
)
under
their
hands
and
seals
,
shall
take
no
benefit
by
descent
or
otherwise
of
any
lands
,
leases
,
goods
,
or
chattels
,
untill
he
or
they
being
18
years
old
or
above
,
take
the
oath
of
Allegeance
before
one
Just.
of
Peace
of
the
County
where
the
parents
dwelt
or
dwell
:
&
in
the
mean
time
the
next
of
kin
,
being
no
Popish
Recusant
,
to
enjoy
them
till
he
shall
conform
to
take
the
said
oath
of
Allegiance
,
and
receive
the
Sacrament
of
the
Lords
Supper
,
and
then
to
accompt
to
him
for
the
mean
profits
,
and
in
reasonable
time
to
make
payment
thereof
.
And
the
senders
lose
100
pound
,
one
third
part
to
the
King
,
another
to
the
suer
,
another
to
the
poor
,
3
Jac.
c.
5.
Vide
Transportation
.
Traveller
.
Inne-keeper
or
Alehouse-keeper
refusing
to
lodge
a
traveller
,
Justice
of
Peace
,
or
Constable
may
compel
him
.
Quaere
how
,
viz.
to
present
the
offence
at
the
Affizes
or
Sessions
,
Dal.
28.
Br.
Action
sur
le
case
76.
S●r
James
Lee
delivered
that
the
Inne-keeper
or
Alehouse-keeper
may
for
the
same
be
indicted
,
fined
,
and
imprisoned
,
or
the
party
grieved
might
have
his
action
,
Dal.
28.
Treason
.
Treason
is
a
grievous
offence
done
or
committed
against
the
King
in
his
person
,
the
Queen
his
wife
,
his
Children
,
Realm
,
or
authority
,
Dal.
227.
As
,
To
compass
the
death
of
the
King
,
Queen
his
wife
,
or
of
their
eldest
son
and
heir
;
or
to
intend
any
of
their
deaths
,
though
it
be
not
effected
,
Dalt
.
227.
To
deflowre
the
Kings
wife
,
his
eldest
daughter
being
unmarried
,
or
his
eldest
sons
wife
,
Dal.
228.
To
levy
war
against
the
King
in
his
realm
,
Dal.
ibid.
Br.
Treason
24.
To
conspire
to
levy
war
against
the
King
,
Dal.
ibid.
To
conspire
with
a
Governour
of
another
country
to
invade
the
Realm
,
Dal.
ibid.
To
kill
one
that
is
sent
on
the
Kings
message
,
Dal.
ibid.
So
encounter
in
fight
,
and
kill
such
as
be
assisting
to
the
King
in
his
wars
,
or
come
to
help
the
King
,
Dal.
ibid.
To
aid
the
Kings
enemies
in
his
Realm
,
Dal.
228.
To
counterfeit
the
Kings
great
Seal
,
Sign-Manuel
,
Privy-signet
,
or
Privy
Seal
,
Dalt
.
229.
To
take
an
old
seal
and
put
it
to
a
new
patent
,
quaere
whether
treason
or
misprison
,
Dal.
ib.
Sta.
3.
C.
Br.
Treas
.
3.
And
so
of
those
that
without
authority
set
the
Kings
seal
upon
any
writing
,
or
fraudulently
thrust
a
writing
amongst
others
to
seal
,
and
so
get
it
sealed
,
Dal.
ibid.
To
counterfeit
the
Kings
coin
,
or
any
coin
current
within
the
Realm
,
Dal.
229.
To
bring
in
any
false
mony
,
knowing
it
to
be
false
,
Dal.
229.
1
&
2
P.
&
M.
cap.
3.
To
clip
,
wash
,
and
lighten
or
falsisy
any
coin
current
within
the
Realm
,
Dal.
ibid.
To
coin
mony
not
having
authority
,
Dal.
ibid.
If
he
which
hath
the
Kings
warrant
to
coin
,
do
coin
mony
in
England
,
Ireland
,
or
elsewhere
less
in
weight
then
the
ordinance
,
or
coineth
false
metal
,
Dal.
229.
Br.
Treas.
19.
All
counsellers
,
procurers
,
consenters
,
or
aiders
of
any
the
fore
named
Treasons
,
are
within
the
parview
of
the
Statute
,
25
Ed.
3.
for
in
treasons
all
offenders
are
principal
,
Dal.
230.
Counterfeiting
gold
or
silver
not
the
proper
coin
of
this
Realm
,
is
misprision
of
treason
14
El.
c.
3.
To
kill
the
Kings
Chancellour
,
Treasurer
,
Justice
in
Eyre
of
Assize
of
Oyer
and
Terminer
,
being
in
his
place
,
and
doing
his
office
,
is
high
treason
,
Dal.
23●
.
To
extol
the
authority
of
the
Bishop
of
Rome
within
any
of
the
Kings
dominions
,
and
the
procurers
,
counsellers
,
aiders
and
maintainers
thereof
,
the
first
offence
is
Praemunire
,
the
second
Treason
,
1
El.
c.
1.
5
El.
c.
1.
Lam.
411.
Dal.
231.
So
to
bring
over
any
books
that
shall
maintain
set
forth
or
defend
such
authority
,
and
the
readers
and
hearers
that
shall
justifie
them
,
Dalt
.
231.
So
deliverers
of
such
books
to
others
,
with
allowance
and
liking
of
the
same
,
Dal.
ibid.
So
the
printers
and
utterers
of
such
books
be
all
within
the
meaning
of
the
statute
,
5
El.
c.
11.
Dal.
ibid.
Refusing
the
oath
of
Supremacy
,
the
first
offence
is
Praemunire
,
the
second
offence
Treason
,
5
El.
c.
11.
Dal.
205.
Lam.
410
:
To
obtain
from
Rome
,
or
by
any
authority
from
thence
,
any
Bull
or
writing
to
absolve
and
reconcile
such
as
will
forsake
their
obedience
to
the
King
,
and
yield
it
to
the
Pope
,
or
give
or
take
absolution
by
colour
of
such
Bull
,
or
publish
or
put
in
ure
such
Bull
,
13
El.
c.
2.
Dal.
231.
Lam.
226.
To
absolve
,
perswade
,
or
withdraw
any
subject
from
their
obedience
to
the
King
,
or
to
reconcile
them
to
the
Pope
,
or
to
draw
them
to
the
Romish
religion
for
that
intent
,
or
move
them
to
promise
obedience
to
any
other
state
,
or
procure
,
counsel
,
or
aid
them
that
do
it
,
is
treason
,
23
El.
c.
1.
3
Jac.
c.
4.
Lam.
220
,
226
,
412.
Dal.
232.
To
be
willingly
absolved
,
perswaded
,
withdrawn
,
or
reconciled
to
promise
such
obedience
,
or
to
procure
,
counsel
,
aid
and
maintain
the
same
,
is
treason
,
except
within
six
daies
after
their
return
into
the
Realm
they
submit
according
to
the
statute
,
3
Jac.
cap.
4.
Dalt
.
ibid.
For
Jesuit
,
Priest
,
or
other
Ecclesiastical
person
,
(
made
by
the
authority
from
the
Pope
)
to
come
into
,
or
remain
in
any
of
the
●ings
dominions
,
contrary
to
the
statute
27
El.
c.
2.
is
Treason
.
To
compass
the
death
of
an
usurper
of
the
Crown
,
is
Treason
,
for
which
the
offender
may
be
arraigned
in
another
Kings
time
,
Br.
Treason
10.
Dal.
227.
To
intend
to
deprive
,
depose
,
or
dis
▪
inherit
the
King
,
or
say
he
will
be
King
after
the
King
dieth
,
Dal.
227.
To
set
at
large
unlawfully
any
committed
for
Treason
,
is
Treason
by
the
Common
law
,
Dal.
229.
One
imprisoned
for
felony
breaketh
prison
,
whereby
a
traitor
escapeth
;
it
is
Treason
in
him
by
the
Common
law
,
Dal.
229.
Cro.
35.
a.
nu.
5.
Voluntarily
to
suffer
one
to
escape
that
is
committed
,
or
only
under
arrest
for
Treason
,
is
Treason
by
the
Common
law
,
Stam.
32.
Dal.
229.
Forfeiture
in
case
of
Treason
is
of
lands
and
goods
to
the
King
,
and
at
this
day
by
26
H.
8.
cap.
13.
5
Ed.
6.
c.
11.
his
lands
entailed
,
and
his
wife
her
dower
,
saving
in
certain
cases
,
Dal.
234.
Judgement
and
condemnation
of
a
woman
in
case
of
Treason
,
is
to
be
drawn
on
a
hurdie
to
execution
,
and
burned
,
Stam.
182.
Dal.
234.
Treasurer
.
Treasurer
for
relief
of
Goals
is
to
be
chosen
at
Easter
Qu.
Sessions
by
the
more
part
of
the
Justices
of
Peace
,
to
be
of
5
l.
in
lands
or
10.
l.
in
goods
in
the
last
subsidy
,
to
continue
but
for
one
year
,
and
then
to
give
up
his
account
at
Easter
Sessions
to
his
successor
,
43
El.
c.
2.
The
elected
refusing
the
office
,
or
to
give
relief
or
accompt
,
is
to
be
fined
by
the
Justices
in
Sessions
,
or
by
the
Justices
of
the
Assizes
by
discretion
,
but
not
und●r
3
l.
43
El.
c.
2.
Treasurer
for
Goals
is
to
pay
over
to
the
Lord
chief
Justice
and
to
the
Knight
Marshall
quarterly
such
summes
as
the
Justices
of
Peace
do
appoint
,
43
El.
c.
2.
Treasurer
for
maimed
souldiers
is
to
be
elected
by
the
more
part
of
the
Justices
at
Easter-Sessions
,
and
(
not
being
a
Justice
of
Peace
)
to
be
10
l.
in
lands
or
15
l.
in
goods
in
the
last
Subsidy
,
to
continue
but
one
year
,
and
for
refusing
the
office
,
or
misdemeanors
,
&c.
to
be
fined
by
the
more
part
of
the
Justices
,
but
not
under
5
l.
43
El.
c.
3.
and
to
give
up
his
accompt
to
his
successor
within
ten
daies
after
the
Sessions
.
The
Churchwardens
are
ten
daies
before
every
Qu.
Sessions
to
pay
over
to
the
High-Constables
the
taxation
for
Goals
,
43
El.
c.
2.
And
the
Churchwardens
and
petty
Constable
at
the
same
time
to
pay
to
the
High-Constable
the
tax
for
maimed
souldiers
,
43
El.
c.
3.
And
the
High
Constables
are
to
pay
the
same
to
the
Treasurers
at
the
next
Q.
Sessions
,
43
El.
c.
2
&
3.
If
default
of
paiment
be
made
by
the
High-Constable
,
he
doth
incur
the
penalties
,
viz.
of
20
s.
a
time
for
the
Goal-money
,
43
El.
c.
2.
and
of
40
s.
for
souldier
,
mony
,
c.
3.
And
if
default
be
in
the
Churchwardens
,
for
Goal-money
10
s.
a
time
;
if
for
souldiers
mony
,
the
Churchwardens
and
petty-Constables
lose
20
s.
a
time
,
43
El.
c.
2
&
3.
The
said
forfeitures
to
be
levied
by
the
Treasurer
by
distress
and
sale
of
the
offenders
goods
,
and
taken
in
augmentation
of
the
stock
.
Trespass
,
vide
Hedge-breakers
.
.
Trial.
As
well
noble
men
as
Gentlemen
in
cases
of
Felony
or
Treason
,
or
misprision
of
Treason
,
are
to
be
tried
by
their
equals
,
Lam.
539.
In
Riots
,
Routs
,
unlawful
assemblies
and
forcible
entries
,
Nobility
shall
be
tried
by
common
Jurors
,
Lam.
539.
All
forein
Pleas
triable
by
Jury
,
and
pleaded
by
any
indicted
of
Treason
,
Murder
,
or
Felony
,
shall
be
tried
in
the
County
where
the
party
is
arraigned
,
and
by
Jurors
of
that
County
,
22
H.
1.
c.
14.
32
H.
8.
c.
3.
Lam.
552.
Aliens
indicted
of
Felony
or
of
Murder
,
must
be
tried
per
medietatem
linguae
,
Lam.
554.
Peer
of
the
Realm
indicted
of
Treasons
upon
the
statute
of
3
Jac.
c.
4.
is
to
be
tried
by
his
Peers
,
3
Jac.
c.
4.
All
Treasons
,
misprision
of
Treasons
,
and
concealement
of
Treason
done
or
committed
out
of
the
Realm
,
shall
be
enquired
and
tried
within
the
Realm
,
35.
H.
8.
c.
2.
Dal.
235.
Co.
Inst.
261.
b.
He
who
is
no
Lord
of
the
Parliament
,
being
arraigned
for
Treason
or
Felony
,
shall
be
tried
by
Knights
and
others
,
and
not
by
Lords
of
the
Parliament
.
So
shall
Bishops
by
reason
that
they
are
Lords
of
the
Parliament
by
their
office
,
and
not
in
respect
of
their
Nobility
,
Cro.
110.
b.
nu.
6.
Stamf.
153.
a.
Turn
of
the
Sheriff
.
Indictment
at
the
Sheriffs
Turn
to
be
certified
to
the
Justices
at
the
Quarter
Sessions
.
Vide
Certificate
.
Sheriffs
Turn
to
be
holden
within
a
month
after
Easter
,
or
within
the
month
after
Michaelmas
,
Lam.
504.
●streates
of
the
Justices
of
Peace
of
Fines
assessed
upon
presentments
in
the
Turn
being
inrolled
and
indented
,
are
to
be
levied
by
the
Sheriff
to
the
use
of
him
that
was
Sheriff
at
the
time
of
presentment
,
1
Ed.
3.
c.
7.
Lam.
585.
VAgabons
,
vide
Rogues
.
.
Venire
facias
.
Justices
of
Peace
may
award
a
Venire
facias
against
the
inditour
,
to
amend
a
Bill
upon
the
first
oath
,
Lam.
507.
8
H.
5.
c.
8.
Stam.
97.
Justice
of
Peace
cannot
award
a
Venire
facias
tot
matronas
,
to
know
whether
a
felon
be
with
child
or
no
,
Lam.
551.
Verdict
.
The
Jury
in
case
of
felony
may
give
a
special
verdict
,
if
they
will
,
and
the
Court
,
upon
examination
of
the
matter
,
may
adjudge
contrary
to
the
Verdict
.
As
,
The
Jury
found
that
A.
killed
B.
se
defendendo
,
and
upon
examination
of
the
matter
,
the
Court
adjudged
it
to
be
manslaughter
against
the
verdict
,
Cro.
114.
a.
nu.
1.
Though
the
Indictment
specifie
the
goods
to
be
above
12
d.
yet
the
Jury
may
say
that
the
goods
were
worth
but
8
d.
upon
which
verdict
it
shall
be
taken
as
petty-larceny
,
Cro.
114.
a.
nu.
2.
A
man
is
arraigned
of
murder
,
and
by
the
Jury
it
is
found
but
man-slaughter
,
it
is
good
,
Cro.
114.
a.
nu.
3.
Vessels
.
Vessels
of
ale
and
beer
are
to
be
made
of
seasoned
wood
,
with
the
mark
of
him
that
sealed
it
,
Lam.
460.
Every
barrel
for
beer
and
every
barrel
for
ale
,
and
so
every
lesser
vessel
,
by
32
H.
8.
cap.
4.
ought
to
contain
under
pain
of
3
shill.
4
pence
for
each
default
,
-
Beer
-
Barrel
36.
Gallons
.
-
Kilderkin
18.
Gallons
.
-
Ferkin
9.
Gallons
.
-
Ale
-
Barrel
32
Gallons
.
-
Kilderkin
16
Gallons
.
-
Ferkin
8
Gallons
.
But
now
by
the
statute
1
Iac.
c.
9.
ale
and
beer
shall
be
sold
by
retail
by
one
and
the
same
measure
,
namely
by
the
ale-quart
,
Cro.
94
b.
Dal.
152.
Vide
Assise
of
Bread
and
Beer
.
|
Wine
|
Tun
|
252.
|
Gallons
.
Dal.
162.
|
|
Pipe
|
126.
|
|
Oil
|
Hogshead
|
63.
|
|
Barrel
|
32
and
half
|
|
Hony
|
Rundlet
|
16
and
half
|
But
Crompton
94.
b.
saith
,
Popham
chief
Justice
saith
that
the
measure
of
wine
and
ale
should
be
all
one
,
and
that
so
it
was
agreed
by
the
Justices
according
to
the
standard
of
the
Exchequer
.
But
note
,
saith
Crompton
there
,
that
the
ale-quart
is
greater
,
for
that
the
froth
of
the
ale
amounts
a
little
,
and
wine
doth
not
froth
,
and
therefore
there
should
be
a
nick
in
the
top
of
the
wooden
●an
,
where
the
measure
should
be
,
to
which
nick
the
ale
should
come
;
Cro.
94.
b.
And
so
Master
Wallis
Clark
of
the
Qu.
market
told
him
,
January
,
25.
1588.
Herring
the
barrel
,
half
barrel
,
firkin
,
shall
be
of
the
same
content
,
that
ale
is
,
namely
the
barrel
42
Gallons
,
&c.
13
El.
c.
11.
11
H.
7.
c.
23.
Dal.
153.
Sope
and
Butter
shall
be
of
the
same
content
with
ale
,
and
the
empty
barrel
not
to
be
in
weight
above
26
pound
,
&
for
the
other
vessels
in
proportio●
,
23
H.
8.
c.
4.
Dal.
151.
Lam.
461.
The
penalty
is
3
shill.
4
pence
for
each
one
.
Victuals
and
Victualler
.
If
Butcher
,
Fishmonger
,
Inholder
,
Tipler
,
Brewer
,
Baker
,
Poulterer
,
and
other
seller
of
victual
do
sell
at
unreasonable
rates
,
and
not
for
moderate
gain
,
they
lose
double
value
,
Lam.
454.
23.
E.
3.
c.
6.
&
13.
R.
2.
c.
8.
Brewer
selling
drink
at
higher
prices
then
have
been
appointed
by
the
Justice
of
Peace
,
loseth
after
the
rate
of
6
shill.
a
barrel
,
23
H.
8
c.
4.
Lam.
455.
Conspiracy
or
oath
taken
,
or
promise
made
by
Butchers
,
Bakers
,
Brewers
,
Poulterers
,
●ooks
,
Fruiterers
,
or
any
mystery
;
or
any
of
them
,
not
to
sell
but
at
prices
agreed
between
them
,
the
first
offence
10
pound
,
or
20
daies
imprisonment
;
the
second
,
20
pound
,
or
Pillory
;
the
third
,
40
pound
,
or
lose
an
ear
,
2
Ed.
6.
c.
15.
Lam.
455.
To
sell
swines
flesh
mezelled
,
or
flesh
that
died
of
the
murrain
,
or
other
corrupt
victual
,
Stat.
de
pistoribus
,
cap.
7.
51
H.
3
Lam.
455.
is
fineable
.
Any
,
except
victualer●
in
their
houses
,
buying
to
sell
again
by
retail
butter
or
●heese
,
unless
it
be
in
open
Fair
or
Market
,
loseth
double
value
,
3
Ed.
6.
cap.
21.
14.
El.
cap.
11.
27
Eliz.
cap.
11.
Lam.
456.
1
Jac.
cap.
25.
Process
upon
the
statute
of
23
H.
6.
c.
●3
.
against
victuallers
is
attachment
,
Capias
,
and
Exigent
.
Brewer
,
or
other
selling
of
ale
or
beer
unto
any
unlicensed
Ale-house-keeper
,
other
then
for
necessary
provision
for
his
own
house-hould
,
loseth
after
the
rate
of
6
s.
8
d.
a
barrel
,
one
moiety
to
the
poor
,
the
other
to
the
informer
,
to
be
heard
and
determined
at
the
Quarter
Sessions
,
4
Jac.
c.
4.
Lam.
460.
The
officer
levying
the
penalty
of
4
Jac.
cap.
4.
and
not
delivering
the
moiety
to
the
Churchwarden
or
Overseers
of
the
poor
,
or
not
distributing
it
within
convenient
time
after
receipt
,
forfeiteth
the
double
to
be
recovered
as
the
penalty
,
4
Jac.
c.
4.
Victualler
is
within
the
statute
,
1
Jac.
c.
9.
4
Jac.
c.
5.
1
Car.
c.
4.
Vide
Transportation
,
Ale-houses
,
Tipling
.
Under-Sheriff
.
Custos
Rotulorum
,
or
two
Justices
of
Peace
,
one
to
be
Quorum
,
may
give
unto
under-sheriffs
before
they
exercise
their
office
,
the
oaths
of
1
Eliz.
of
Supremacy
,
and
27
Eliz.
c.
12.
touching
their
office
;
so
of
their
Deputies
and
Clarks
,
or
any
other
medling
with
returning
of
writs
or
execution
of
process
into
any
Court
of
record
.
So
Bailiffs
,
any
of
them
executing
their
off●ce
before
such
oaths
taken
,
lose
40
pound
,
27
El.
c.
12.
Lam.
356
,
432
,
433.
Undersheriff
or
his
Clark
or
deputy
doing
any
thing
against
their
oath
,
lose
treble
damages
to
the
party
,
Lam.
433.
Unlawful
games
.
Every
Justice
of
Peace
may
enter
into
any
common
place
where
any
playing
at
dice
,
tables
,
cards
,
bowls
,
coits
,
cails
,
tennis
,
casting
the
stone
,
footbal
,
or
other
unlawful
game
now
invented
,
and
hereafter
to
be
invented
,
shall
be
suspected
to
be
used
,
and
may
arrest
the
keeper
of
every
such
place
,
and
may
imprison
them
until
they
finde
sureties
by
recognizance
no
longer
to
use
such
house
,
game
,
play
,
alley
or
place
,
33
H.
8.
c.
9.
Lam.
191.
Dal.
64.
Cro.
79.
a.
131.
a.
196.
a.
197.
b.
Lam.
349
,
479.
Justice
of
Peace
may
arrest
and
imprison
such
players
till
they
be
bound
no
more
to
play
at
such
game
,
Lam.
192.
Cro.
172.
a.
b.
Lam.
349
,
479.
Dal.
63.
Artificer
of
any
occupation
,
or
any
husbandman
,
apprentice
,
labourer
,
servant
at
husbandry
,
journeyman
,
servant
of
artificer
,
mariner
,
fisherman
,
waterman
or
serving
man
,
other
then
of
a
Nobleman
,
or
of
him
that
may
dispend
100
l.
by
the
year
,
playing
within
the
precinct
of
his
masters
house
,
shall
not
play
out
of
Christmas
at
any
unlawful
game
,
or
in
Christmas
out
of
the
house
or
presence
of
his
master
,
33
H.
8.
c.
9.
Lam.
479.
20
shill.
every
time
.
Quaere
if
other
games
besides
those
prohibited
33
H.
8.
c.
9.
be
unlawful
,
as
the
morrice
&
other
open
dances
,
bear-baitings
,
common-plaies
&
fencings
,
which
seem
to
be
prohibited
by
39
El.
cap.
4.
Dal.
63
▪
1
Car.
c.
1.
All
offences
against
the
statute
of
unlawful
games
may
be
heard
and
determined
at
the
Qu.
Sessions
,
Assises
or
Leet
within
which
they
shall
happen
,
Lam.
614.
Vide
plus
Sunday
.
Unlawful
Assemblies
.
An
unlawful
assembly
is
of
the
company
of
three
or
more
persons
disorderly
coming
together
,
forcibly
to
commit
an
unlawful
act
,
as
to
beat
a
man
,
or
enter
upon
his
possession
,
or
the
like
,
Lam.
175.
Dal.
221.
P.
R.
25.
Cor.
61.
a.
nu.
3.
First
,
an
unlawful
assembly
it
is
,
onely
to
meet
to
such
a
purpose
,
though
they
willingly
depart
without
doing
any
thing
.
Secondly
after
meeting
to
move
forward
toward
the
executing
of
such
act
,
whether
it
be
done
or
no
,
is
a
Rout.
Thirdly
,
to
execute
such
a
thing
,
is
a
Riot
,
Dal.
ibid.
Lam.
175
,
176.
Cro.
61.
a.
nu.
3.
In
an
unlawfull
assembly
,
Rout
or
Riot
,
two
things
are
common
,
and
must
concur
:
first
,
that
three
persons
at
least
be
gathered
together
;
secondly
,
that
their
being
together
breed
some
apparent
disturbance
of
the
peace
,
either
by
speech
,
shew
of
armour
,
turbulent
gesture
,
or
actual
and
express
violence
to
affright
peaceable
men
,
or
imbolden
light
and
busie
bodies
by
their
examples
,
Lam.
176
,
177.
There
be
three
degrees
of
feditious
&
riotous
assemblies
:
the
first
from
three
to
twelve
;
the
second
of
twelve
or
more
;
the
third
of
forty
and
upward
,
Lam.
183.
1.
El.
c.
17.
Justice
of
Peace
may
at
his
discretion
assemble
sub●ects
to
take
such
,
and
may
take
them
,
and
shall
be
unpunished
for
hurting
,
maiming
,
or
killing
them
if
they
make
resistance
,
La.
184.
Justice
of
Peace
is
to
take
the
declaration
of
any
person
that
(
being
moved
to
such
an
assembly
)
will
within
24
hours
after
reveal
the
same
,
Lam.
ibid.
Vide
Forcible
entry
,
Riots
.
Usury
.
Corruptly
to
contract
for
more
then
8
pound
in
the
hundred
,
for
forbearance
for
one
year
,
loseth
treble
value
of
the
monies
,
wares
,
merchandise
and
other
things
so
lent
,
bargained
,
sold
,
exchanged
or
shifted
,
21
Iac.
cap.
17.
Scriveners
taking
above
five
shllings
for
procuring
100
pound
,
and
for
a
bond
above
12
pence
,
forfeit
20
pound
,
ib.
Utlawry
.
Offenders
against
the
Peace
for
conspiracies
and
of
Routs
in
presence
of
the
Justice
or
in
affray
of
the
people
,
being
indicted
thereof
,
if
they
be
not
brought
in
by
attachment
or
distress
(
for
insufficiency
)
are
to
be
outlawed
,
8
Ed.
3.
c.
5.
Lam.
522.
After
Utlawry
the
Justices
of
P.
can
award
no
process
,
but
must
certifie
the
Utlawry
into
the
Kings
Bench
,
Lam.
521
,
522.
One
outlawed
of
felony
before
Justices
of
Peace
doth
appear
,
and
saith
he
was
in
the
Kings
service
beyond
sea
under
such
a
Captain
,
or
in
prison
in
such
a
County
;
the
Justices
cannot
write
to
the
Captain
or
County
,
Lam.
552.
Wages
.
RAtes
of
wages
of
servants
and
labourers
are
to
be
made
by
the
Justices
of
Peace
at
Faster
Qu.
Sessions
,
and
by
them
to
be
ingrossed
in
parchment
under
their
hands
and
seals
,
and
after
it
shall
be
lawful
for
the
Sheriff
of
the
said
County
to
cause
proclamation
to
be
made
of
the
several
rates
so
rated
in
so
many
places
of
their
several
authorities
as
to
them
shall
seem
convenient
,
and
as
if
the
same
had
been
set
down
printed
by
the
Lord
Chancellour
or
Keeper
,
after
declaration
thereof
to
the
Kings
Majesty
,
and
certificate
thereof
into
the
Chancery
,
39
El.
c.
12.
1
Jac.
c.
6.
Any
giving
wages
contrary
to
the
rates
appointed
and
proclaimed
,
loseth
5
pound
,
5
El.
c.
4.
1.
Jac.
c.
6.
Lam.
474.
Every
Justice
of
Peace
(
not
having
lawful
excuse
testified
by
oath
of
one
that
is
in
subsidy
5
pound
,
&c.
)
that
shall
not
assemble
at
Easter
Sessions
,
or
within
6
weeks
after
,
to
rate
the
wages
of
servants
,
&c.
shall
lose
10
pound
,
5
Eliz.
cap.
4.
Lam.
632.
Any
having
authority
by
5
Eliz.
c.
4.
to
rate
wages
,
may
rate
the
wages
of
labourers
,
weavers
,
spinsters
,
and
of
any
working
by
day
,
week
,
moneth
or
year
,
or
by
great
,
1
Iac.
cap.
6.
No
penalty
for
not
certifying
the
rates
of
wages
into
the
Chancery
,
according
to
the
statute
of
5
El.
c.
4.
if
they
be
duly
proclaimed
,
1
Iac.
c.
6.
Rates
of
wages
ingrossed
in
parchment
are
to
be
kept
by
the
Custos
Rotulorum
;
if
in
a
Corporation
,
amongst
the
records
thereof
,
●
Iac.
c.
6.
Any
two
Justices
of
Peace
may
imprison
without
bail
the
master
for
ten
daies
,
for
giv●ng
,
and
the
servant
,
workman
or
labourer
for
21
daies
,
for
taking
greater
wages
then
are
●ssessed
by
the
Justices
of
Peace
and
proclamation
thereof
made
in
that
county
,
5
El.
c.
●4
.
Dal.
80.
Every
retainer
,
promise
or
paiment
of
wages
,
or
other
thing
whatsoever
,
contrary
to
the
true
meaning
of
5
El.
c.
4.
and
every
writing
and
bond
for
that
purpose
is
utterly
void
,
Dal.
80.
Justice
of
Peace
may
have
his
action
of
debt
against
the
Sheriff
for
his
wages
at
the
Sessions
,
Cro.
177.
a.
nu.
23.
Justices
of
Peace
shall
be
paid
their
wages
out
of
the
fines
and
amerciaments
of
the
same
●essions
,
and
they
ought
to
assess
the
fines
in
the
Court
,
and
then
the
Clark
shall
indent
the
estreats
betwixt
the
Justices
and
the
Sheriff
,
and
the
Justices
shall
put
their
names
thereto
,
to
the
end
the
Sheriff
may
know
to
whom
to
pay
wages
,
and
levy
the
same
to
pay
to
the
Justices
,
whereupon
the
Sheriff
shall
be
allowed
the
same
upon
his
accompt
in
the
Exchequer
,
14
R.
2.
c.
11.
Lam.
628.
Cro.
177.
a.
nu.
30.
Wainlings
.
Any
killing
any
Wainling
Calves
under
two
years
old
to
fell
,
lose
6.
shill.
8
pence
for
every
offence
determinable
at
the
Quarter
Sessions
,
24
H.
8.
cap.
9.
1
Iac.
cap.
25.
Lam
b.
453
,
607.
Lying
in
wait
to
maim
or
kill
any
other
,
to
be
fined
,
Lam.
446.
Warrants
.
The
Justice
of
Peace
his
command
by
wo●
of
mouth
is
in
some
cases
as
strong
as
his
pr●cept
in
writing
,
Dal.
336.
As
,
A
Justice
of
Peace
seeing
a
Riot
may
co●mand
the
Rioters
to
be
arrested
,
and
ca●
them
to
finde
sureties
for
their
good
behav●our
,
Dal.
336.
So
upon
affray
,
assault
,
threatning
or
a●
other
breach
of
the
Peace
done
in
his
pr●sence
,
he
may
command
the
officer
being
pr●sent
to
arrest
such
offenders
to
finde
sure
for
the
peace
,
Dal.
336.
But
for
causes
out
of
his
presence
one
m●
not
arrest
another
upon
the
Justices
comman●
but
by
precept
in
writing
,
Dal.
ibid.
Br.
Pe●●
7.
A
warrant
in
writing
must
be
under
t●
Justices
hand
and
seal
,
or
under
his
hand
●
least
,
Dal.
336.
Lam.
85
,
88.
But
it
is
better
under
seal
,
Dal.
337.
A
warrant
for
the
peace
or
good
behav●
our
must
contain
the
special
matter
,
Dal.
33●
La.
87.
but
it
is
better
under
his
seal
,
Dalt
.
33●
A
warrant
for
treason
,
murder
or
felony
,
●
other
capital
offence
and
such
like
,
need
n●
contain
the
special
cause
,
Cro.
148.
a.
Dal.
33●
A
warrant
is
better
if
it
contain
and
be●
the
date
at
the
place
where
it
is
made
,
the
ye●
and
day
when
it
was
made
,
Cro.
174.
a.
Dal.
●●
am
.
88.
Justice
of
Peace
being
out
of
the
County
granteth
his
warrant
to
be
served
in
the
●●nty
;
the
officer
must
carry
the
party
be●e
some
Justice
of
Peace
within
the
County
,
●
ibid.
Lam.
91.
The
County
written
in
the
margent
of
●e
warrant
,
albeit
it
be
not
expressed
in
the
●arrant
,
and
in
Com.
praedicto
,
shall
have
re●tion
to
the
County
set
in
the
margent
,
●●
.
102.
b.
nu.
29.
Justice
of
Peace
may
make
his
warrant
to
●e
before
himselfe
:
yet
upon
a
warrant
for
●
Peace
the
usual
manner
is
otherwise
,
Co.
5.
●
.
Dal.
170
,
&
338.
●n
some
cases
a
Justice
of
Peace
may
grant
warrant
to
attach
the
offender
to
be
at
the
●●
Sessions
of
the
Peace
,
to
answer
his
said
●ence
,
Dal.
338.
Justice
of
Peace
may
grant
his
warrant
a●ainst
one
that
hath
broken
the
peace
,
or
●mmitted
,
misdemeanors
against
the
peace
,
●
finde
sureties
for
the
peace
,
or
good
be●aviour
,
Dal.
34
,
162
,
165
,
338.
Justices
of
Peace
in
divers
cases
(
as
the
case
●ll
require
)
may
grant
their
warrant
for
the
●ies
neglect
,
or
other
default
:
and
such
●trant
may
be
either
to
attach
him
to
be
at
●●
next
Sessions
,
there
to
answer
,
&c.
or
to
●●g
the
offender
before
the
said
Justices
,
or
●y
other
Justice
,
&c.
who
finding
cause
to
●●d
him
,
may
bind
him
to
the
next
Sessions
answer
the
said
default
.
Vide
Dal.
338
,
&
●0
.
Where
the
statute
giveth
authority
to
Justi●●
of
Peace
to
cause
another
to
do
a
thing
,
●●ey
have
power
of
congruity
to
grant
their
●●ant
to
bring
such
persons
before
them
,
that
so
they
may
take
order
therein
,
Qu●
Dal.
338.
A
Justice
of
Peace
maketh
a
warrant
●
yond
his
authority
,
it
is
not
disputable
Constable
or
other
inferiour
officer
,
but
●●
be
obeyed
,
Lam.
65.
Dal.
8
,
242
,
342.
But
if
the
Justice
make
a
warrant
to
do●
thing
out
of
his
jurisdiction
,
or
in
a
ca●
wherein
he
is
not
a
Judge
;
if
the
officer
e●●cute
the
warrant
,
he
is
punishable
,
Dal.
3●
Cro.
147.
b.
Dal.
8.
Lam.
91
,
92.
Warrant
for
the
Peace
may
be
directed
any
indifferent
person
by
name
,
though
h●
not
officer
:
yet
it
is
better
to
a
known
offic●
Dal.
340.
Cro.
147.
a.
Lam.
88.
A
sworn
and
known
Officer
need
not
shew
his
warrant
;
but
the
servant
of
the
stice
must
shew
it
if
it
be
required
,
Dal.
●●
Lam.
89.
Cro.
148.
a.
A
warrant
directed
to
the
Constable
●
to
a
stranger
joyntly
and
severally
,
and
e●●cuted
solely
by
the
stranger
,
is
good
,
Cro.
●●
b.
Dal.
340.
Warrant
directed
to
two
joyntly
to
ar●
another
,
may
be
executed
by
one
of
the
Dal.
340.
Lam.
89.
A
Just.
of
P.
may
make
his
warrant
to
Sheriff
to
attach
one
to
bring
him
to
Sessions
to
finde
surety
of
the
Peace
,
136.
a.
A
warrant
being
directed
by
a
Justice●
Peace
to
the
Sheriff
,
he
may
by
word
co●mand
any
sworn
or
known
officer
un●●
him
without
precept
in
writing
,
Dal.
3●
Lam.
89.
If
a
Justice
of
Peace
his
warrant
be
dire
▪
●●rected
to
the
Sheriffs
,
Bailiff
,
Constable
,
Ju●●es
servant
,
or
other
to
arrest
one
,
such
●rson
must
serve
it
himself
,
Lam.
89.
Dal.
●0
.
He
to
whom
any
warrant
shall
be
direct●d
must
do
it
with
all
security
and
speed
●●l
.
ibid.
A
known
officer
must
,
if
he
will
not
shew
●
warrant
upon
arrest
,
declare
the
contents
●his
warrant
,
Co.
6.
54.
&
9.
68.
Dal.
341.
Upon
arrest
in
the
Kings
name
,
the
party
●rested
ought
to
obey
,
Dal.
ibid.
for
if
he
have
●t
lawful
warrant
,
the
party
grieved
may
●●e
his
action
of
false
imprisonment
,
Dal.
●●
.
Co.
9.
68.
An
officer
arresting
a
man
doth
afterwards
●ocure
a
warrant
;
this
is
a
wrongful
arrest
,
●●
341.
Lam.
90
,
91.
The
officer
having
a
warrant
for
the
peace
good
abearing
,
may
break
open
the
doors
,
●al.
341.
Cro.
170.
b.
One
is
arrested
,
who
upon
promise
to
come
●gain
is
let
go
,
and
cometh
not
again
;
the
●●cer
cannot
arrest
him
by
force
of
his
for●er
warrant
,
except
he
prosecutes
him
with
●●esh
suit
,
Dal.
ibid.
Br.
Faux
impris.
18.
An
officer
having
a
lawful
warrant
to
ar●est
another
,
is
resisted
or
assaulted
by
the
par●●
or
any
other
person
;
the
Officer
may
ju●●ifie
the
beating
or
hurting
such
person
,
Dal.
●●●
.
Lam.
92.
If
any
abuse
the
warrant
,
as
by
casting
it
in
●e
dirt
,
or
treading
it
under
his
feet
,
he
shall
●e
indicted
and
fined
;
for
it
is
the
K●ngs
pro●ess
,
Dal.
342.
Cro.
149.
Quaere
,
whether
he
●all
not
be
bound
to
his
good
behaviour
,
●al
.
ibid.
Before
that
a
Justice
of
Peace
grant
his
w●
rant
to
arrest
one
for
murder
,
robbery
,
or
lony
,
it
is
meet
to
examine
the
party
that
●
quireth
the
warrant
upon
oath
,
and
to
b●
him
to
give
evidence
at
the
next
Gaol-d●●very
,
Dal.
342.
Just.
of
P.
is
not
to
grant
his
warrant
gainst
an
offender
of
a
penal
statute
to
a
pear
at
the
Sessions
,
unless
it
be
appointed
statute
,
but
he
ought
first
to
be
indict●●
Lam.
187.
Dal.
339.
Cro.
197.
a.
nu.
21.
Justice
of
Peace
cannot
make
a
warr●
to
arrest
a
felon
except
he
be
indicted
,
●
147.
b.
But
Dalton
argueth
that
a
Justice
Peace
may
make
such
a
warrant
,
Vide
D●●
339.
One
wrote
to
a
Justice
of
Peace
to
se●
him
a
warrant
with
a
blank
,
to
ins●
therein
one
whom
he
would
attach
s●
suspition
of
felony
.
The
Justice
did
●●
And
for
that
he
sent
his
Warrant
wit●
blank
,
to
put
in
a
name
which
he
kn●●
not
;
nor
the
matter
,
before
the
maki●
of
the
Warrant
,
he
was
fined
in
the
Sta●
chamber
,
Cro.
Jurisdiction
34.
a.
All
Warrants
made
in
the
Kings
nam●
ought
to
be
directed
to
all
Ministers
as
w●
within
liberties
as
without
,
Dal.
355.
Warrants
may
be
made
either
1.
in
t●
name
of
the
King
;
or
2.
in
the
name
of
t●●
Justice
;
and
either
of
them
must
be
testifi●
by
the
Justice
from
whom
they
issue
;
or
●
without
style
by
the
subscription
of
the
J●stice
,
Dal.
335.
To
what
Offices
Warrants
are
to
be
directed
by
particular
Statutes
.
To
the
Churchwardens
,
for
negligent
comers
to
Church
,
to
levy
12
d.
3
Jac.
c.
4.
To
the
Constable
or
Churchwardens
against
an
Alehouse-keeper
,
to
levy
10
s.
for
suffering
tipling
,
1
Iac.
c.
9.
To
levy
20
shill.
for
breaking
the
Assise
,
1
Iac.
c.
9.
For
selling
Ale
without
licence
,
20
shill.
3
Car.
cap.
4.
For
tipling
in
an
Alehouse
,
3
shill.
4.
four
pence
,
1
Iac.
c.
9.
For
abuses
on
the
Lords
day
,
1
Car.
c.
1.
For
Carriers
on
the
Lords
day
,
20
shill.
3
Car.
c.
1.
Shewing
boots
to
sell
on
Sunday
,
3
shill.
4
pence
,
1
Iac.
c.
22.
To
the
Constables
,
Churchwardens
,
or
Overseers
of
the
poor
for
swearing
,
12
d.
21
Iac.
cap.
20.
To
the
Constable
or
other
inferiour
officer
for
drunkenness
,
5
shill.
4
Iac.
cap.
5.
21
Iac.
c.
7.
Warreners
,
vide
Foresters
.
.
Watches
.
Any
Justice
of
Peace
may
cause
night-watches
to
be
kept
for
the
arresting
of
night-walkers
and
persons
suspect
,
be
they
strangers
or
others
of
evil
fame
,
Dal.
144.
13
E.
1.
Stat.
Winton
.
c.
4.
Watch
is
to
be
kept
yearly
from
Ascension
day
till
Michaelmas
in
every
town
,
from
sun-setting
to
sun-rising
,
Dal.
144.
Lam.
4●
▪
All
strangers
or
persons
suspected
passi●
by
the
watching
men
,
may
be
examined
them
;
and
if
there
be
cause
of
suspition
,
th●
may
stay
them
,
and
if
they
will
not
obey
,
m●
levy
hue
and
cry
,
and
may
justifie
to
be
them
,
and
may
stock
them
till
morning
,
a●
if
they
finde
no
cause
of
suspition
,
deliv●
them
;
but
if
they
finde
cause
,
may
deliv●
them
to
the
Constable
,
to
carry
them
befo●
a
Justice
of
Peace
,
Dal.
144
,
300.
Any
Justice
of
Peace
may
cause
all
nigh●
walkers
,
strangers
or
other
suspected
,
espe●ally
such
as
sleep
in
the
day
and
walk
in
t●
night
,
to
be
arrested
,
and
such
as
in
the
nig●
haunt
any
house
suspected
of
bawdery
,
or
●●
suspicious
company
,
or
commit
other
outr●ges
or
misdemeanours
,
and
cause
them
to
fi●●
sureties
for
their
good
behaviour
,
Dal.
8.
Lam.
118
,
119.
No
man
is
compelled
to
watch
unless
he
an
inhabitant
in
the
town
,
Dal.
145.
Inhabitants
are
not
compellable
to
watc●
at
the
will
of
the
Constable
,
but
when
h●
turn
cometh
,
Dal.
ibid.
Water-men
.
Every
Justice
of
Peace
within
the
shi●●
next
adjoining
to
the
river
of
Thames
with
in
his
jurisdiction
,
hath
power
upon
complaint
by
the
overseers
or
rulers
of
the
Water
men
and
Wherry-men
,
or
two
of
them
or
by
the
masters
of
any
such
servants
,
bot●
to
examine
,
hear
and
determine
all
offence
against
the
statute
,
and
set
at
large
him
tha●
shall
be
imprisoned
by
the
overseers
and
rulers
,
if
there
be
just
cause
,
and
also
by
his
discretion
to
punish
those
overseers
and
rulers
,
that
shall
unjustly
punish
any
person
2
●
3
P.
&
M.
cap.
16.
Lam.
203.
Dal.
145.
The
offences
against
the
statute
are
,
1.
No
single
man
shall
be
a
Waterman
,
1
Iac.
c.
16.
2.
One
of
the
two
rowing
in
one
Boat
must
be
allowed
by
eight
of
the
overseers
by
writing
under
seal
.
3.
They
shall
not
hide
themselves
in
time
of
pressing
for
the
Kings
service
.
4.
They
shall
not
take
for
their
fare
above
●he
price
assessed
,
and
set
up
in
Tables
in
Westminister
.
Hall
.
Dal.
saith
,
quaere
whether
the
●ustices
of
Peace
be
to
meddle
with
this
.
Wax
.
One
Justice
of
Peace
may
examine
and
●earch
by
his
discretion
such
as
do
sell
any
●andles
,
or
work
of
wax
above
four
pence
in
he
pound
clear
gain
over
the
price
of
the
●ax
,
and
punish
them
by
forfeiture
of
that
●hich
is
to
be
sold
,
and
the
value
of
that
●hich
is
sold
,
and
fine
to
the
King
,
Dal.
145.
●am.
196
,
469.
11.
H.
6.
c.
12.
Weapons
which
be
forcible
.
vide
Forcible
Entry
.
.
Weers
.
Weers
in
rivers
may
be
surveyed
by
one
●●stice
of
Peace
,
which
he
may
cause
to
be
●ade
of
a
reasonable
wideness
,
Lam.
189.
Any
making
Weers
within
five
miles
of
the
mouth
of
any
haven
or
creek
,
or
by
weers
destroying
any
fry
of
fish
of
the
se●●
,
loseth
10
pound
,
one
moiety
to
the
King
,
the
other
to
the
informer
,
3
Iac.
cap.
12.
Dal.
56.
explaineth
the
particulars
of
that
stat.
of
3
Iac.
c.
12.
Weights
and
Measures
.
Faults
of
the
officers
of
Cities
and
Boroughs
in
not
viewing
and
examining
weights
and
measures
twice
a
year
,
to
be
heard
and
determined
by
examination
and
enquiry
of
two
Justices
of
Peace
,
one
being
of
the
Quorum
,
and
by
them
to
be
fined
and
amerced
;
and
so
of
faults
of
buyers
and
sellers
by
other
weights
and
measures
then
they
ought
to
doe
,
11
H.
7.
c.
4.
12
H.
7.
c.
5.
Lam.
356.
Dal.
146.
Two
Justices
of
the
Peace
(
one
of
the
Quorum
)
may
break
and
burn
such
measure●
as
they
finde
defective
,
and
fine
the
offender●
by
their
discretion
,
and
make
process
against
them
as
in
trespass
,
12
H.
7.
c.
5.
Lam.
356.
Dal.
146.
11
H.
7.
c.
4.
Mayors
of
Towns
taking
above
a
penny
for
sealing
a
bushel
or
other
measure
,
or
fo●
weights
above
a
penny
for
an
hundred
,
an●
half-peny
for
half
an
hundred
,
a
farthing
for
a
less
weight
,
lose
40
s.
11
H.
7.
c.
4.
Lam.
437
▪
Dal.
155.
7
H.
7.
c.
3.
Buying
and
selling
by
unlawful
weights
or
measures
,
or
in
any
City
or
market
,
with
any
Weights
or
measures
that
are
not
lawfully
marked
or
signed
,
he
loseth
for
the
firs●
offence
,
6
shillings
8
pence
,
for
the
second
offence
13
shillings
4
pence
,
and
for
the
third
20
shillings
and
Pillory
,
11
H.
7.
cap.
4.
Lam.
460.
To
buy
corn
by
heaped
measure
,
except
on
shipboard
,
or
to
use
double
measure
,
the
one
to
buy
,
the
other
to
sell
with
,
the
first
offence
is
6
shillings
8
pence
,
the
second
13
shillings
4
pence
,
the
third
20
shillings
and
Pillory
,
11
H.
7.
c.
4.
Lam.
460.
15
R.
2.
c.
4.
Stat.
de
Pistoribus
c.
8.
Those
of
the
Town
where
the
Kings
Standard
is
appointed
to
remain
,
not
having
common
weights
and
measures
signed
,
or
not
selling
by
the
same
to
all
that
have
required
the
same
,
are
to
be
fined
and
amerced
,
11
H.
7.
c.
4.
Lam.
460.
Dal.
155.
Vide
plus
Vessels
.
Witchcraft
.
Invocation
,
Conjuration
,
consultation
,
covenant
,
entertainment
,
imploiment
,
feeding
or
rewarding
any
evil
spirit
,
taking
up
of
dead
bodies
,
or
any
part
thereof
,
to
be
employed
in
Witchcraft
or
Charms
,
or
using
any
manner
of
Witchcraft
,
whereby
any
person
shall
be
killed
,
or
any
part
of
them
wasted
or
lamed
,
and
also
the
accessaries
,
is
felony
without
Clergy
,
1
Iac.
c.
12.
Lam.
415.
Dal.
280.
By
Witchcraft
or
Charms
to
finde
out
hidden
treasures
,
to
tell
where
lost
goods
shall
be
found
,
to
provoke
unlawful
love
,
to
destroy
or
hurt
any
mans
body
,
or
to
attempt
any
of
them
,
the
first
offence
is
one
years
imprisonment
without
bail
,
and
to
stand
in
the
Pillory
six
hours
every
quarter
of
the
same
year
,
and
confess
his
offence
;
the
second
is
felony
without
Clergy
,
1
Iac.
c.
12.
Lam.
415.
Trial
of
Noblemen
upon
the
Statute
of
2
Iac.
c.
12.
of
Witchcraft
,
is
to
be
by
his
Peers
,
Lam.
415.
Attainder
upon
the
statute
1
Iac.
cap.
12.
o●
Witchcraft
,
neither
loss
of
Dower
,
nor
corruption
of
Blood
,
1
Iac.
c.
12.
Lam.
ibid.
Wines
.
Wines
brought
in
strange
bottomes
from
France
into
any
part
of
England
,
except
the
I
le
of
Man
,
and
Wales
,
forfeit
the
Wines
,
27
El.
c.
12.
Lam.
457.
Any
licenced
to
retail
wine
,
selling
above
the
prices
limited
by
Proclamation
,
lose
3
s
▪
4
d.
for
every
Gallon
,
27
El.
c.
11.
Lam.
458.
El.
cap.
5.
Any
under
a
Barons
son
,
or
under
100
marks
a
year
,
or
1000
marks
in
goods
,
keeping
to
spend
in
his
house
any
vessels
of
Gascoign
wine
,
French
or
Rochel
wine
,
above
te●
gallons
,
loseth
10
pounds
,
7
E.
6.
cap.
5.
Lam
▪
458.
Woad
brought
from
France
into
any
part
o●
England
,
except
the
I
le
of
Man
and
Wales
in
strange
bottome
,
forfeiteth
the
Woad
,
27
El
▪
c.
11.
Lam.
457
,
458.
Wood.
Upon
complaint
of
the
Lord
,
and
disagreement
of
the
Lord
and
his
Commoners
,
th●
fourth
part
of
the
Lords
wood
may
be
seforth
by
two
Justices
,
appointed
by
the
greatest
part
of
the
Justices
at
their
Sessions
,
an●
not
being
of
kindred
or
alliance
,
or
fe●
to
the
Lord
,
35
H.
8.
c.
17.
13
El.
c.
25.
Lam
▪
359.
Just.
in
Q.
Sessions
may
call
before
them
the
owner
of
t●●●od
,
and
12
of
the
Commoners
to
set
out
the
fourth
part
,
Lam.
609.
Ingrosser
or
regrater
of
Bark
,
forfeiteth
the
Bark
,
1
Iac.
22.
Lam.
452.
Any
selling
of
Oaks
meet
to
be
barked
,
before
April
,
or
after
Iune
,
except
for
necessary
building
,
as
repairing
of
houses
,
ships
,
mils
,
lose
the
Oak
,
or
double
value
,
1
Iac.
c.
22.
Purveyours
taking
Timber
for
the
repair
of
the
Kings
ships
or
houses
,
the
owner
may
retain
all
the
Barks
lop
and
top
,
and
the
Purveyour
taking
them
,
loseth
for
every
tree
40
shillings
to
the
party
grieved
,
1
Iac.
22.
Lam.
438.
Wooll
and
Wooll-seller
.
Buyer
of
Wooll
of
any
other
then
the
owner
of
the
sheep
or
tithe
,
lose
the
value
,
14
R.
2.
c.
4.
Lam.
452.
Woollen-yarn
.
Buyer
of
Woollen-yarn
,
and
not
making
it
into
cloth
,
loseth
the
value
thereof
8
H.
6.
5.
Lam.
452.
Any
sorter
,
carder
,
kember
,
spinster
or
weaver
,
receiving
wooll
and
yarn
of
any
clotheir
or
maker
of
stuff
,
and
embezelling
,
selling
,
or
detaining
the
same
,
and
the
Receiver
or
buyer
knowing
thereof
,
upon
conviction
,
by
confession
or
oath
of
one
witness
before
two
Justices
of
Peace
,
is
to
make
such
recompence
to
the
party
,
as
the
Just
.
shall
appoint
:
and
the
offender
being
unable
,
and
refusing
to
do
it
,
is
to
be
whipt
or
stocked
,
7
Iac.
7.
cap.
7.
Women
arraigned
for
felony
may
only
for
one
time
have
the
benefit
of
〈◊〉
●elly
,
Lam.
563.
Just.
of
Peace
cannot
award
a
Venire
facias
tot
matronas
,
to
know
whether
a
Woman
felon
be
with
child
,
Lam.
551.
Taking
away
a
woman
against
her
will
,
that
hath
land
,
&c.
or
is
heir
apparent
,
not
claiming
her
as
ward
,
and
after
marry
or
deflour
her
,
is
felony
without
Clergy
.
So
of
the
procurers
,
abetters
,
and
receivers
knowing
thereof
,
3
H.
7.
c.
2.
Lam.
421.
A
woman
being
delivered
of
a
Bastard-child
,
and
born
alive
,
that
endevoureth
privately
by
drowning
,
secret
burning
,
or
other
way
by
her self
,
or
procuring
of
others
to
conceal
the
death
thereof
,
as
that
it
may
not
come
to
light
whether
it
were
born
alive
or
dead
,
shall
suffer
as
in
murder
,
except
she
can
prove
by
one
witness
that
the
child
was
born
dead
,
21
Iac.
27.
Women
convicted
of
felonious
taking
above
12
d.
and
under
10
s.
being
not
burglary
or
Robbery
in
or
near
any
high
way
,
nor
taking
of
money
,
goods
,
or
chattels
from
the
person
of
any
,
privily
or
as
accessary
to
any
such
offence
,
wherein
a
man
may
have
his
Clergy
,
shall
for
the
first
offence
be
burned
in
the
hand
and
further
imprisoned
,
whipped
and
stocked
,
or
sent
to
the
house
of
Correction
(
not
above
a
year
)
as
the
Justices
before
whom
the
conviction
is
,
shall
think
meet
,
21
Iac.
6.
Dal.
272
,
273
,
Wife
and
her
husband
are
bound
to
appear
at
the
Sessions
,
and
in
the
mean
time
to
keep
the
peace
.
The
husband
only
appearing
,
the
Recognizance
is
not
forfeited
,
Dal.
179.
Quaeu
tamen
.
Cro.
144.
b.
Resolutions
of
the
Judges
of
Assises
,
1633.
1.
Question
.
WHether
the
Churchwardens
and
Overseers
of
the
poor
of
a
Parish
with
assent
of
two
Justices
of
the
Peace
,
one
being
of
the
Quorum
,
may
by
the
Statute
of
43
Eliz.
cap.
2.
or
any
Law
enforce
a
Parishioner
of
the
same
Parish
,
to
take
a
child
of
a
poor
Parishioner
of
the
same
Parish
,
who
is
not
able
to
keep
his
said
child
,
to
be
an
apprentice
?
Resol
.
The
Statute
of
43
of
Elizabeth
,
which
faith
,
that
the
Churchwardens
and
Overseers
of
the
Parish
shall
put
out
children
to
be
apprentices
,
necessarily
implieth
,
that
such
as
are
sit
must
receive
Apprentices
,
and
the
putting
out
of
poor
children
to
be
Apprentices
is
one
of
the
best
ways
for
the
providing
for
the
poor
.
2
Q.
If
they
may
,
then
whether
they
must
not
give
money
with
him
,
and
who
shall
determine
what
money
shall
be
given
with
him
,
if
the
party
that
is
to
take
such
an
Apprentice
,
and
the
Churchwardens
,
and
Overseers
cannot
agree
thereupon
?
Resol
.
There
is
no
necessity
that
money
must
be
given
,
but
that
must
be
left
to
the
discretion
of
the
Churchwardens
and
Overseers
,
all
circumstances
of
age
and
ability
being
considered
,
and
if
they
cannot
agree
with
the
party
,
then
the
Justices
of
Peace
near
adjoining
:
or
in
their
default
the
Sessions
of
Peace
are
to
determine
these
Controversies
.
3
Q.
Whether
a
Knight
,
Gentleman
,
Clergy
man
,
or
Yeoman
,
or
one
that
is
Sojourner
,
using
husbandry
,
cloathing
,
or
grasing
,
or
the
like
,
may
be
enforced
to
take
such
an
Apprentice
?
Resol
.
Every
man
who
is
by
calling
or
profession
or
manner
of
living
,
that
entertaineth
,
and
must
have
the
use
of
other
servants
of
the
like
quality
,
must
entertain
such
apprentices
,
wherein
discretion
must
be
given
upon
due
consideration
of
circumstances
.
4
Q.
Whether
a
wealthy
man
keeping
few
or
no
servants
,
not
wanting
a
servant
,
but
living
privately
may
be
enforced
to
take
such
an
apprentice
;
if
not
,
then
whether
he
may
be
taxed
toward
the
putting
forth
of
such
an
apprentice
?
Resol
.
For
the
receiving
of
such
apprentices
,
the
answer
may
be
referred
to
the
question
next
before
;
but
out
of
doubt
every
such
person
must
contribute
to
the
charge
,
as
to
other
charges
for
the
provision
for
the
poor
.
5
Q.
Whether
they
may
enforce
a
Parishioner
that
is
of
one
Parish
,
to
take
such
a
child
apprentice
,
that
is
of
another
Parish
,
but
within
the
same
County
,
or
division
,
if
the
proper
Parish
be
not
able
to
provide
for
the
children
of
the
same
Parish
?
Resol
.
The
Justices
may
provide
Masters
for
them
in
other
Parishes
within
the
same
Hundred
;
if
the
same
Hundred
be
not
able
,
then
out
of
that
Hundred
in
the
rest
of
that
County
,
as
for
other
provision
for
the
poor
,
which
must
be
at
a
Quarter
Sessions
.
6
Q.
If
such
a
Parishioner
may
be
enforced
to
take
such
an
apprentice
,
and
shall
refuse
not
onely
to
take
such
an
apprentice
,
but
also
refuse
to
be
bound
to
appear
at
the
next
Qu.
Sessions
,
or
Assises
,
what
shall
be
done
to
him
?
Resol
.
If
any
refuse
;
let
such
a
one
be
bound
over
to
the
next
Sessions
or
Assises
;
if
he
refuse
to
give
such
bond
,
let
him
be
sent
to
the
Gaol
,
there
to
remain
until
he
will
give
such
bond
.
7
Q.
If
such
a
Parishioner
who
refuseth
to
take
such
an
apprentice
shall
be
bound
over
to
the
Sessions
for
not
taking
such
an
apprentice
,
and
when
he
appeareth
there
,
shall
likewise
refuse
,
what
shall
be
done
to
him
,
and
what
shall
be
done
to
the
parents
who
refuse
to
suffer
their
children
to
be
put
out
to
be
apprentices
,
themselves
not
being
able
to
maintain
them
?
Resol
.
If
at
the
Sessions
or
Assises
such
a
one
refuseth
to
take
an
apprentice
,
and
his
excuse
be
not
allowed
,
it
is
fit
he
be
bound
to
the
good
behaviour
,
and
it
will
be
a
good
course
to
indict
such
a
refuser
for
a
contempt
,
and
thereupon
to
fine
and
imprison
him
,
if
he
refuse
to
be
bound
to
the
good
behaviour
,
let
him
be
imprisoned
until
he
will
;
and
the
Kings
books
of
orders
directs
that
such
be
bound
with
good
sureties
to
appear
at
the
Councel-board
;
and
if
the
Parents
of
such
poor
children
refuse
to
suffer
their
children
to
be
bound
apprentices
,
or
being
bound
,
entice
them
away
,
themselves
not
being
able
to
maintain
them
,
let
them
be
committed
to
the
house
of
correction
.
8
Q.
Whether
it
be
in
the
power
of
any
general
quarter-Sessions
to
mitigate
any
penalty
upon
a
Statute
law
;
if
the
party
indicted
shall
submit
himself
to
the
fine
of
the
Court
,
and
wave
the
traverse
?
Resol
.
If
the
party
be
convicted
or
confess
the
fault
,
it
is
not
in
the
power
of
the
Court
to
mitigate
the
fine
,
in
such
cases
where
the
Statute
makes
it
certain
:
but
if
the
party
indicted
protesting
his
innocency
,
yet
quia
noluit
plitare
cum
domino
Rege
puts
himself
up
into
the
grace
of
the
Court
,
the
Court
may
impose
a
moderate
fine
,
and
order
to
forbear
the
prosecution
.
9
Q.
If
any
be
bound
to
appear
at
the
Sessions
,
and
shall
tender
submission
to
the
Court
,
whether
the
Sessions
may
stay
the
indictment
,
and
mitigate
the
fine
aforesaid
upon
the
confession
of
the
fact
?
Resol
.
This
is
answered
before
to
the
next
precedent
Article
.
10
Q.
If
a
man
be
convicted
for
being
drunk
,
tipling
,
and
keeping
an
unlicensed
Alehouse
,
or
being
licensed
,
for
suffering
others
to
remain
tipling
in
his
house
,
or
for
swearing
or
driving
Cattel
upon
a
Sunday
contrary
to
the
statute
in
that
case
provided
,
whether
the
Justice
of
Peace
,
before
whom
he
was
convicted
,
or
any
other
Justice
of
the
Peace
,
may
discharge
him
of
all
or
part
of
the
Forfeiture
or
punishment
appointed
by
the
Statute
?
Resol
.
The
Justices
have
no
such
power
of
mitigation
after
conviction
,
where
the
Statute
appoints
the
measure
of
the
punishment
.
11
Q.
Whether
a
Constable
may
upon
a
warrant
for
carrying
one
to
the
house
of
correction
for
keeping
an
unlicensed
Alehouse
upon
the
second
conviction
break
open
the
house
wherein
the
party
convicted
is
,
to
apprehend
him
?
Resol
.
This
question
is
to
be
advised
upon
,
it
is
put
in
general
terms
and
referred
to
be
considered
in
the
particular
where
it
appeareth
.
12
Q.
If
a
woman
unmarried
be
hired
from
week
to
week
,
or
from
half
year
to
half
year
,
in
one
Parish
,
and
there
be
gotten
with
child
,
and
then
goeth
from
thence
unto
another
Parish
,
where
she
is
setled
in
service
by
the
space
of
two
or
three
months
,
and
then
discover
that
she
is
with
child
;
The
question
is
,
whether
she
shall
be
setled
in
the
parish
where
she
was
begotten
with
child
,
or
in
the
Parish
where
she
was
last
setled
?
Resol
.
The
place
where
such
a
woman
was
lawfully
setled
,
is
the
direction
in
this
case
,
not
where
she
was
begotten
with
child
.
13
Q.
If
a
woman
servant
unmarried
be
begotten
with
child
,
and
then
goeth
out
of
her
Mistress
service
,
before
or
after
it
is
discovered
that
she
is
with
child
,
and
the
reputed
father
be
run
away
,
or
is
not
able
to
free
the
Parish
:
whether
the
Master
may
be
enforced
to
provide
for
her
till
she
be
delivered
,
and
for
a
month
after
?
Resol
.
If
the
Master
hath
legally
discharged
his
house
of
such
a
servant
,
he
is
no
more
bound
to
provide
for
her
then
any
other
.
14
Q.
In
case
a
Parish
consist
part
of
ancient
Demesn
and
part
of
Guildable
,
an
Assise
is
made
for
the
relief
of
the
maimed
Souldiers
,
the
Gaol
,
&c.
according
to
the
stat.
24
Eliz.
c.
2.
whether
the
tenants
in
ancient
Demesn
shall
contribute
with
the
Guildable
for
the
paiment
of
the
Assise
?
Resol
.
The
Statute
doth
not
distinguish
between
the
ancient
Demesn
and
the
Guildable
in
these
cases
,
ubi
lex
non
distinguit
,
ibi
nec
nos
distinguimus
.
15
Q.
Whether
an
Indictment
of
forcible
detainer
be
within
the
Statute
of
1
Iac.
cap.
5.
&
not
to
be
removed
by
Certiorari
,
unless
the
party
indicted
first
finde
sureties
according
to
that
Statute
,
and
whether
the
party
indicted
be
to
be
bound
in
his
absence
to
prosecute
according
to
that
Statute
,
and
whether
an
indictment
of
forcible
entry
,
&c.
found
at
a
private
Sessions
be
to
be
removed
by
Certiorari
without
sureties
,
according
to
that
Statute
?
Resol
.
This
is
fittest
to
be
left
unto
the
Court
of
Kings-Bench
,
to
whose
Commission
,
and
jurisdiction
this
is
most
proper
.
16
Q.
If
one
be
convicted
upon
the
Statute
of
3
Car.
R.
cap.
13.
for
driving
of
Cattel
on
the
Sunday
through
several
Parishes
;
whether
he
forfeit
20
shill.
to
every
of
the
said
Parishes
;
or
onely
to
one
;
if
to
one
,
then
to
which
of
them
?
Resol
.
This
Statute
giveth
the
forfeiture
but
to
one
20
shill.
for
one
Sabbath
day
,
Although
the
driving
of
that
day
be
through
divers
Parishes
.
Therefore
where
the
action
is
first
attached
,
and
the
distress
first
taken
,
that
Parish
shall
have
the
benefit
of
the
forfeiture
and
not
the
other
.
17
Q.
If
one
who
is
under
the
age
of
30
years
,
and
brought
up
in
husbandry
,
or
a
maid-servant
,
or
brought
up
in
any
of
the
Arts
or
trades
mentioned
in
the
Statute
of
5
Eliz.
cap.
4.
and
not
enabled
according
to
that
Statute
,
to
live
at
his
or
her
own
hand
,
shall
be
warned
by
two
Justices
of
the
P.
to
put
him
or
her self
in
service
by
a
day
prescribed
by
them
and
shall
not
do
the
same
accordingly
,
but
shall
after
continue
living
at
his
or
her
own
hand
,
what
course
shall
be
taken
with
such
a
person
,
and
how
punished
?
Resol
.
Such
persons
being
out
of
service
,
and
not
having
visible
means
of
their
own
,
to
maintain
themselves
without
their
labour
,
and
refusing
to
serve
as
an
hired
servant
by
the
year
,
may
be
bound
over
to
the
next
Sessions
or
Assises
,
and
to
be
of
the
good
behaviour
in
the
mean
time
,
or
may
be
sent
to
the
house
of
Correction
.
18
Q.
Whether
the
tax
for
the
relief
of
the
poor
,
upon
the
Stat.
of
43
Eliz.
shall
be
made
by
ability
or
occupation
of
lands
or
both
,
or
whether
the
visible
ability
in
the
Parish
where
he
lives
,
or
general
ability
wheresoever
,
&
whether
his
rent
received
within
the
Parish
where
he
lives
shall
be
accompted
visible
ability
,
and
whether
he
shall
be
taxed
of
them
only
and
for
any
Rents
received
from
other
Parishioners
;
and
what
shall
be
said
visible
ability
?
Resol
.
The
land
within
each
Parish
is
to
be
taxed
to
the
charges
in
the
first
place
equally
and
indifferently
,
but
there
may
be
an
addition
for
the
personal
visible
ability
of
the
Parishioner
within
that
Parish
according
to
good
discretion
,
wherein
if
there
be
any
mistaking
,
the
Sessions
,
&c.
or
the
Justice
must
judge
between
them
.
19
Q.
Whether
shops
,
salt-pits
,
sheds
,
profits
of
a
Market
,
&c.
be
taxable
to
the
poor
as
well
as
lands
,
Cole-mines
,
&c.
expressed
in
the
Statute
43
Eliz.
Resol
.
All
things
which
are
real
,
and
a
yearly
revenue
,
must
be
taxed
to
the
poor
.
20
Q.
Whether
the
tax
for
the
County
stock
,
Gaol
,
and
house
of
Correction
is
to
be
made
by
the
Stat.
of
14
Eliz-ca
.
43.
by
ability
,
and
upon
the
inhabitants
of
the
Parish
only
,
or
upon
them
,
or
the
occupiers
of
lands
,
dwelling
in
that
Parish
:
or
whether
such
as
occupy
lands
in
that
Parish
,
and
dwell
in
another
Parish
shall
be
taxed
?
Resol
.
If
the
Statute
in
particular
cases
give
no
special
direction
,
it
is
good
discretion
to
go
according
to
the
rate
of
taxation
for
the
poor
:
but
when
the
Statutes
themselves
give
directions
,
follow
that
.
21
Q.
Whether
any
taxes
ought
to
be
made
for
the
charges
that
pety-Constables
and
Borshoulders
are
at
in
conveying
rogues
from
Parish
to
Parish
,
and
relieving
them
,
and
how
to
be
rated
?
Resol
.
It
is
fit
to
relieve
the
Constable
and
Tithing-men
,
in
such
sort
as
it
hath
been
used
in
the
several
places
where
they
live
.
22
Q.
Whether
a
Justice
of
Peace
may
discharge
a
servant
being
with
child
from
her
service
,
allowing
that
as
a
reasonable
cause
that
she
is
thereby
made
unable
to
do
the
service
which
otherwise
she
might
have
done
,
and
if
he
may
discharge
her
,
whether
that
Parish
shall
provide
for
her
till
her
delivery
,
if
she
cannot
provide
for
her self
;
and
so
also
if
her
time
be
expired
before
her
delivery
,
who
shall
provide
for
her
after
her
time
ended
?
Resol
.
If
a
woman
being
with
child
procure
her self
to
be
retained
with
a
master
who
knoweth
nothing
thereof
,
it
is
a
good
cause
to
discharge
her
from
his
service
.
And
if
she
be
begotten
with
child
during
her
service
,
it
is
all
one
,
but
the
Master
in
neither
case
must
turn
away
such
a
servant
of
his
own
authority
.
But
if
her
term
be
ended
,
or
she
lawfully
discharged
,
the
Master
is
not
bound
to
provide
for
her
,
but
it
is
a
misfortune
faln
upon
the
Parish
,
which
they
must
bear
,
as
in
other
cases
of
casual
impotency
.
23
Q.
Whether
being
delivered
of
a
bastard
child
in
one
Parish
,
and
goeth
into
another
with
her
child
;
and
becomes
vagrant
,
and
so
is
sent
to
the
place
of
her
birth
:
her
bastard
child
being
under
the
age
of
seven
years
,
shall
be
setled
with
the
mother
,
and
there
maintained
if
the
mother
be
not
able
,
nor
the
reputed
father
known
,
found
,
or
whether
it
shall
be
sent
to
the
place
of
its
birth
,
or
being
setled
with
the
mother
,
whether
the
Parish
where
it
was
born
shall
be
ordered
by
the
two
next
Justices
to
pay
a
weekly
summe
towards
the
maintenance
of
it
?
Resol
.
The
Bastard
child
must
be
placed
with
the
mother
,
so
long
as
it
is
within
the
quality
or
condition
of
a
Nurs-child
,
which
shall
be
till
seven
years
of
age
;
and
then
it
is
sit
to
be
sent
to
the
place
of
its
birth
to
be
provided
for
,
the
mother
or
reputed
father
not
being
able
.
And
the
Parish
where
the
child
is
born
shall
not
be
forced
to
contribute
to
the
charge
,
as
long
as
the
mother
lives
,
and
the
child
be
under
seven
years
old
.
24
Q.
A
man
with
his
wife
and
children
takes
an
house
in
one
Parish
,
for
a
year
;
and
before
the
end
of
his
term
is
unlawfully
put
out
of
possession
,
and
after
taketh
part
of
an
house
as
an
inmate
in
another
Parish
,
from
whence
he
is
also
put
out
,
and
then
not
being
able
to
get
any
dwelling
,
they
come
to
lie
in
a
Barn
in
a
third
Parish
where
the
husband
falleth
sick
,
and
the
wife
is
delivered
of
another
child
,
where
ought
these
to
be
setled
?
Resol
.
If
a
man
of
woman
having
house
or
habitation
in
one
Parish
be
thrust
out
,
this
is
an
illegal
unsetling
which
the
Law
forbiddeth
,
for
none
must
be
enforced
to
turn
vagrant
,
and
such
one
must
be
returned
to
the
place
where
he
or
she
was
last
lawfully
setled
,
and
the
child
also
born
in
the
time
of
this
distraction
.
25
Q.
Whether
an
apprentice
put
out
by
the
Churchwardens
,
&c.
according
to
the
Statute
,
to
a
Master
in
another
Parish
,
if
his
Master
die
and
leave
no
Executor
or
Administrator
fit
to
keep
an
apprentice
,
or
able
to
place
him
:
He
shall
be
provided
for
in
the
Parish
where
he
was
apprentice
,
or
shall
be
sent
back
to
the
Parish
from
whence
he
was
put
out
?
Resol
.
Servants
and
apprentices
are
by
law
setled
in
that
parish
,
and
if
they
become
impotent
there
,
the
Parish
must
abide
the
adventure
after
their
term
or
time
of
service
be
lawfully
ended
.
26.
Q.
What
is
accounted
a
lawful
setling
in
a
Parish
,
and
what
not
?
Resol
.
This
is
too
general
a
question
to
receive
a
perfect
answer
to
every
particular
case
which
may
happen
:
but
generally
this
is
to
be
observed
,
that
the
law
unsetleth
none
who
are
lawfully
setled
;
nor
permits
it
to
be
done
by
practice
,
or
compulsion
,
and
every
one
who
is
setled
is
a
native
houshoulder
,
sojourner
,
an
apprentice
or
servant
for
a
month
at
the
least
,
without
a
just
complaint
made
to
remove
him
or
her
,
shall
be
held
to
be
setled
.
27
Q.
A
rogue
is
taken
at
C.
and
will
not
confess
the
place
of
his
birth
;
neither
doth
it
appear
otherwise
but
that
he
confesseth
the
last
place
of
his
habitation
to
be
at
S.
hereupon
he
is
whipped
and
sent
to
S.
at
his
coming
to
S.
the
place
of
his
birth
is
there
known
by
some
to
be
at
W.
and
thereupon
the
rogue
confesseth
it
to
be
so
:
whether
he
might
without
any
new
vagrancy
be
sent
to
W
?
Resol
.
In
this
case
it
is
fit
to
send
such
a
rogue
to
the
place
of
his
birth
;
for
this
is
but
a
mistaking
,
and
no
legal
setling
.
28
Q.
If
an
indictment
be
preferred
to
the
grand
Jury
of
the
quarter-Sessions
of
the
P.
against
one
for
murder
,
manslaughter
,
for
robbery
,
felony
,
or
pety-larceny
,
and
ignoramus
found
the
reupon
,
whether
the
said
Sessions
may
deliver
the
party
by
Proclamation
or
not
?
Resol
.
Not
by
Proclamation
at
all
,
but
for
pety-larcenies
,
and
other
pety-felonies
,
in
discretion
the
Gaol
may
be
delivered
of
them
.
29
Q.
If
a
Constable
be
chosen
and
refuseth
to
take
his
Oath
,
what
shall
be
done
,
and
whether
a
Constable
may
make
a
deputy
,
and
by
what
means
?
Resol
.
The
refusal
or
neglect
to
take
Oath
in
such
a
case
is
a
contempt
worthy
of
punishment
,
and
thereupon
to
fine
,
&
imprison
him
,
and
the
making
of
a
deputy
is
rather
by
toleration
,
then
by
law
.
30
Q.
If
a
Constable
die
or
remove
out
of
the
Parish
where
,
&c.
how
is
his
place
to
be
supplied
?
Resol
.
By
the
Lord
of
the
Leet
,
if
that
time
fall
near
,
otherwise
by
the
Sessions
,
but
if
tha●
be
too
far
off
,
then
by
the
next
Justices
.
31
Q.
If
a
poor
weak
man
be
chosen
Constable
or
Tithingman
,
and
be
unfit
for
th●
same
place
,
how
may
he
be
removed
,
and
a
fi●
man
sworn
in
his
room
?
Resol
.
The
Justices
of
Peace
must
help
this
and
if
the
Lord
of
the
Leet
have
power
to
choose
a
Constable
or
Tithingman
,
and
perform
so
ill
,
it
is
a
Just
cause
to
seize
his
liberty
▪
32
Q.
If
a
Nurse-child
,
a
Scholar
at
a
Grammar-School
,
or
in
the
University
,
prove
to
b●
impotent
by
sickness
,
lameness
,
lunacy
,
or
discovery
of
ideocy
,
&c.
how
such
persons
shal●
be
disposed
?
Resol
.
A
Nurse
child
,
or
a
Scholar
at
th●
Grammar-School
,
or
at
the
University
,
o●
persons
sent
to
Common-gaol
,
Hospital
,
o●
houses
of
Correction
,
are
not
to
be
esteemed
as
persons
to
be
setled
there
,
no
more
the●
Travellers
in
their
Inns
,
but
their
setling
i●
where
their
Parents
are
setled
;
and
childre●
born
in
Common-gaols
,
and
houses
of
Correction
,
their
Parents
being
Prisoners
,
are
to
be
maintained
at
the
charge
of
the
County
.
33
Q.
What
proportion
Parsonages
,
o●
Tithes
shall
bear
to
the
taxation
of
the
poor
o●
the
Parish
?
Resol
.
The
Parson
or
Vicar
presentative
,
shall
●ccording
to
the
reasonable
value
of
his
Par●onage
,
having
consideration
to
the
just
de●uctions
.
34
Q.
Whether
for
placing
the
poor
of
the
Parish
,
not
to
be
removed
by
consent
of
the
Parish
,
these
poor
men
may
not
be
placed
as
●nmates
for
a
time
?
Resol
.
They
may
by
express
words
of
the
Statute
of
the
43
of
Elizabeth
.
35
Q
If
a
Parishioner
or
owner
within
a
Parish
,
do
bring
into
the
Parish
without
the
●onsent
of
the
Parish
,
a
stranger
of
another
●arish
,
which
is
,
or
apparently
is
like
to
be
●urthensome
unto
the
Parish
,
how
they
may
●ase
themselves
?
Resol
.
By
taking
such
a
one
to
the
charge
of
he
rates
of
the
poor
,
not
only
having
respect
●o
his
ability
or
the
land
he
occupies
,
but
ac●ording
to
the
damage
and
danger
he
bring●th
to
the
Parish
by
his
folly
.
36
Q.
For
warding
in
the
day-time
for
ap●rehending
of
Rogues
,
whether
the
Constable
●ay
not
enlarge
it
to
a
farther
time
?
Resol
.
Warding
in
the
day-time
is
of
great
●se
,
and
must
be
left
to
the
discretion
of
the
Constables
,
or
direction
of
the
Justices
to
vary
●ccording
to
the
occasion
.
37
Q.
Whether
Alehouses
ought
to
be
al●owed
only
in
thorofare
Towns
,
and
others
●n
other
places
to
be
restrained
only
to
sell
to
●he
poor
out
of
doors
.
Resol
.
The
Justices
shall
do
very
well
to
al●ow
none
but
in
places
very
fit
for
their
scitu●tion
and
uses
,
and
to
moderate
the
number
.
38
Q.
A
man
for
his
quality
otherwise
fit
to
be
a
Constable
,
or
of
other
Office
of
tha●
nature
,
procures
himself
to
be
the
Kings
servant
extraordinary
,
and
by
that
mean
would
excuse
himself
to
serve
in
the
Country
▪
Resol
.
A
servant
extraordinary
may
we●
perform
his
ordinary
service
in
the
Countr●
according
to
his
quality
.
The
Justices
opinion
touching
the
Commissions
by
which
the
Justices
sit
at
Newgate
.
THE
Justices
at
Newgate
sit
by
virtue
o●
two
Commissions
,
viz.
Gaol-delivery
,
an●
Oyer
and
Determiner
,
By
the
Commission
of
Goal-delivery
the●
may
try
all
prisoners
in
the
Goal
or
by
Bail
,
o●
such
as
be
indicted
will
render
themselves
,
generally
for
all
Felonies
:
and
also
for
such
other
offences
as
are
particularly
assigned
t●
them
by
Statute
.
The
Statute
of
4
Eliz.
c.
2.
doth
give
the●
power
to
receive
Indictments
against
Prisoners
or
such
as
are
upon
bail
,
and
to
procee●
to
try
the
same
,
viz.
Indictments
taken
before
the
Justices
of
the
Peace
,
and
by
equity
thereo●
all
Indictments
before
Coroners
,
3
Mar.
Br●
Commission
.
omnium
24
saith
,
That
the
Commission
is
ad
delibr
and.
Gaol
.
de
prison
.
in
eisde●
existen
.
But
they
cannot
take
Indictments
a●
Justices
of
Gaol-delivery
,
but
being
Justices
o●
the
Peace
,
they
may
take
Indictments
again●●
Prisoners
,
but
not
against
them
that
be
a●
large
:
for
as
much
as
power
is
given
them
consequently
they
must
have
means
to
do
so
which
is
by
Indictments
.
Id
quaerend
.
Howsoever
it
is
clear
,
that
they
may
enquire
of
many
offences
,
and
take
indictments
in
such
cases
where
power
by
the
Statute
is
given
to
the
Justices
of
Gaol
delivery
,
in
such
cases
where
they
have
authority
by
Law
or
Stat.
there
the
title
of
Indictments
is
,
that
Ad
gaolam
deliberationem
tent
.
before
the
Commissioners
of
Gaol-delivery
,
I.
S.
was
indicted
,
and
the
Record
must
be
made
up
so
.
And
whereas
by
the
Statute
of
4
Eliz.
c.
2.
Indictments
taken
before
Justices
of
Peace
or
Coroners
,
or
any
other
against
any
Prisoners
,
then
the
entry
of
the
Indictments
is
returned
taken
,
Memorand
.
quod
ad
generalem
Sessionem
tent
.
before
A.
B.
C.
Justices
ad
pacem
in
Com.
Middlesex
or
London
,
I.
S.
was
indicted
,
and
then
tried
before
Justices
of
Gaol-delivery
,
and
by
vertue
of
the
said
Statute
,
Indictments
taken
before
Justices
of
the
Peace
of
London
,
or
Middlesex
,
are
tried
before
Justices
of
Gaol-delivery
.
The
Commissioners
of
Oyer
and
Terminer
is
Ad
triand
.
inquirend
.
audiend
.
&
determinand
.
They
may
enquire
all
offences
mentioned
of
in
the
Commission
▪
albeit
the
offenders
be
at
large
,
but
they
cannot
try
Prisoners
upon
Indictments
taken
before
any
other
then
themselves
,
as
the
Justices
of
Gaol-delivery
may
by
the
aforesaid
Statute
,
unless
there
be
a
special
Commission
made
,
as
it
was
in
the
case
of
the
Earl
of
Leicester
,
mentioned
in
Plow
.
Com.
for
the
ordinary
Commission
of
Oyer
and
Terminer
is
ad
inquirend
.
audiend
.
&
determinand
.
therefore
they
cannot
determine
of
things
,
unless
they
made
enquiry
first
,
and
on
the
otherside
also
the
Justices
of
Gaol
delivery
may
try
Indictments
taken
before
Justic●
so
the
P.
yet
if
one
be
indicted
before
Commi●sioners
of
Oyer
and
Terminer
,
the
Justices
o●
Gaol-delivery
cannot
try
the
same
,
becaus●
the
Records
of
the
Commission
of
Oyer
an●
Terminer
are
to
be
returned
in
the
King
Bench
,
44
E.
3.
31.
The
Commission
and
the
Records
of
th●
proceedings
before
the
Justices
of
Gaol-delivery
,
are
to
be
returned
to
the
Custo●
Rotulor●
of
the
County
,
when
the
same
persons
are
Justices
of
Gaol
delivery
,
and
of
Oyer
and
Terminer
,
they
may
sit
the
same
day
and
place
and
enquire
by
the
same
Jury
,
but
the
entry
o●
the
Records
must
be
several
,
according
as
the●
Indictment
is
.
At
the
Assises
in
the
Countrey
,
the
Justices
have
their
several
power
as
the
Justices
of
Gaol-delivery
,
Oyer
and
Terminer
,
and
Justices
of
Peace
.
But
when
the
Records
are
made
up
,
they
must
be
according
to
the
power
they
made
election
to
proceed
upon
.
This
is
the
regular
and
legal
course
.
But
the
Clarks
of
the
Assises
promiscuously
make
entry
thereof
;
but
if
a
Writ
of
Errour
be
brought
,
they
must
certifie
according
to
Law
,
or
else
it
will
be
erronious
,
and
so
upon
a
Certiorari
.
The
Sessions
of
London
may
be
begun
at
the
Guild-hall
,
and
then
adjourned
to
Newgate
,
If
some
Indictments
be
at
Guild-hall
,
then
those
must
be
certified
:
if
others
at
Newgate
:
then
the
adjournment
must
be
mentioned
,
and
that
the
Indictment
was
then
taken
.
Note
that
the
trial
of
Indictments
taken
before
Justices
of
the
Peace
of
London
,
cannot
be
tried
at
Newgate
,
as
in
nature
of
a
trial
before
Justices
of
the
Peace
at
London
,
for
many
of
the
Commissioners
for
Goal-delivery
,
are
not
Justices
of
the
Peace
for
London
,
but
in
such
cases
the
trial
must
be
before
the
Justices
of
Goal-delivery
:
as
upon
Indictments
taken
before
the
Justices
of
the
Peace
of
London
,
as
in
the
case
of
Indictments
taken
before
the
Justices
of
the
Peace
of
Middlesex
.
But
if
Indictments
at
Newgate
be
originally
taken
before
them
,
as
Justices
of
Gaol-delivery
,
then
it
is
inquirable
how
the
Jury
sworn
and
impannelled
to
enquire
at
the
Sessions
of
the
P.
for
London
or
Middlesex
,
do
serve
to
present
Indictments
before
the
Justices
of
Gaol-delivery
at
Newgate
,
unless
the
custome
and
usage
will
warrant
,
the
two
several
Juries
,
sworn
at
the
Sessions
of
the
Peace
for
London
,
or
Middlesex
,
are
also
by
the
same
Oath
and
impannelling
to
serve
for
the
grand
Jury
for
the
Commission
of
Gaol-delivery
,
and
Oyer
and
Terminer
.
Upon
conference
with
Mr.
Keeling
,
and
the
Clarks
for
Newgate
of
London
and
Middlesex
,
and
the
Clarks
of
Assises
,
and
view
of
the
several
Entries
,
a
more
mature
and
certain
resolution
may
be
given
,
this
being
in
haste
,
and
without
such
considerations
as
were
requisite
,