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.

Acquital, vide Enditements.

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 [Page 8] 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 [Page 9] 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 [Page 10] 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 [Page 11] 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 [Page 12] 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 non­paiment, 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.

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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.

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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 [Page 16] 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 [Page 17] 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 plough­land 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 [Page 18] 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 [Page 19] 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 [Page 21] 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.

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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 [Page 23] 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.

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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.

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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 [Page 25] 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 [Page 26] 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.

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 [Page 30] 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.

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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.

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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 [Page 32] 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.

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 [Page 36] 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.

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 [...] [Page 41] 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.

Castle, vide Felony.

.

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 [Page 43] 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 [Page 45] 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.

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.

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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 [...].
• [Page 48]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 high­waies, 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 [Page 49] 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.

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 [Page 58] 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. Ʋn 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, [Page 60] 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 [Page 61] 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 [Page 62] 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 [Page 64] 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.

Curriers, vide Leather.

.

Customer, vide Corn.

.

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.

Deer and Deer-hayes.

JUstices of Peace may not receive an indict­ment for killing a Hart proclaimed, for the jurisdiction of it belongeth to the Justices of the forrest, 21 H. 7. c. 30. Lam. 505.

One convicted of unlawful taking or kil­ing of Deer, must pay treble damages to the party, three months imprisonment, and after to remain there till he put in sureties for the good behaviour for seven years, 5 El. c. 21. 3 Jac. c. 13. Lam. 571.

To sell, or buy to sell any Deer, Hare, Par­tridge, or Phesant, except house-Patridge or Phesant, or brought from beyond the Seas, loseth for every Deer 40 shill. every Hare or Patridge 10 shill. and every Phesant 20 shill. 1 Jac. c. 27.

Vide plus Hunting, and Buckstalls.

Demurrer.

If one indicted demurreth upon the evi­dences, the Justices ought to record it La. 539.

Deputy.

A Judge cannot make a Deputy, Lam. 64.

Divine Service.

Any above the age of sixteen years, that repaireth not faithfully and diligently to his Parish Church or Chappel accustomed, or (up­on some reasonable lett) to some usual place, where Common Prayer is to be used upon every Sunday and other Holidaies, and hath not there orderly and soberly abiden during the time of such Common Prayer, Preaching, or other service of God, loseth 12 pence for every offence, to be levied by the Church-wardens to the use of the poor of the said Parish, and to be punished by the censures of the Church, 1 El. c. 2.

It is lawful for one Justice of Peace in the [Page 70] limit, division, or liberty where the offender dwelleth, in not coming to Church, accor­ding to 1 El. c. 2. upon proof of default, by confession of the party or oath of witnesses, to call the party before him; and for want of sufficient excuse & proof thereof to the satis­faction of the said Justice, the said Justice may give his warrant to the Church-warden of the said Parish under his hand and seal to levy 12 pence for every default by distress, and in default thereof to commit the offen­der to prison till paiment made, 3 Jac. c. 4.

Vide plus Recusants, and Sunday.

Dogs, vide Hunting, & Partridges

.

Drovers, vide Badgers.

.

Dier, vide Cloth.

.

Drunkenness.

Any Justice of Peace, upon his own view, confession of the party, or proof of one wit­ness upon oath, hath power to convince any person of drunkenness, 21 Jac. 7.

Any within six moneths after the offence committed, lawfully convicted of drunken­ness, loseth 5 shill. to be paid after conviction to the Church-wardens of the Parish where the offence shall be committed; and refusing and neglecting to pay the same, to be, by warrant from the Just. convicting, levied on his goods; if he be unable, to be set into the stocks six hours: and upon conviction of the second offence to be bound with sureties in [Page 71] ten pound to his good behaviour, 4 Jac. c. 5. and for want of sureties to be sent to the Goal. If the officer charged is negligent in levying or in correcting, he loseth 10 shillings, to be levied and disposed as the penalty it self, 4 Jac. c. [...].

Church-wardens to be accountable to the use of the poor for the penalties by them re­ceived upon the statute of drunkenness, ibid.

Constables, Church-wardens and Tithing­men, in their oaths for their office are to swear to present offences against the statute of drunkenness, 4 Jac. 5.

Offences against the statute of drunkenness to be inquired after, and presented before the Justices of Assise, or Justices of Peace at their Sessions, and proceeded upon ordinary in­dictment, ibid.

Offenders against the statute of drunken­ness not to be twice punished for the same offence, ibid.

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 [Page 72] 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 [Page 73] 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.

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.

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Enquiry by examination, vide Examination.

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Enquiry by information, vide information.

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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 [...] [Page 80] 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 [Page 82] 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 [Page 83] 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.

Extolling forein power, vide Treason.

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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. [Page 85] 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.

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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.

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 [Page 91] 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 [Page 94] 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 [Page 95] 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 selfor 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 [Page 98] 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, [Page 99] 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 [Page 100] 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.

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.
• [Page 115]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 [Page 116] 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, [Page 117] 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.

Games, vide Unlawful games.

.

Goal. Goaler.

Goaler or Sheriff may make a goal of his own house, so cannot a Constable nor Justice of Peace, Lam. 133. Dal. 347, 348.

Goaler suffers a felon to go at large, and he escapes; it is felony in the Goaler not in the prisoner, Lam. 229. Dal. 274. P. R. 147. 149. Dal. 278.

Goaler by hard and cruel custody compels his prisoner to become an approver, it is felo­ny, 14 E. 3. c. 10. Lam. 231, 420. Crom. 49. a. Dal. 288. as,

Goaler killeth an unruly prisoner which doth assault him; it is no felony, Lam. 235.

Goaler by hard usage killeth his prisoner; it is murder, Lam. 240.

Goaler that taketh above four pence upon commitment of any prisoner arrested or atta­ched, forfeiteth to the party grieved treble damages, and 40 li. the one moity to the King, the other to the party that will sue for it, 23 H. 6. c. 10. Lam. 431.

Goaler or Sheriff refusing to take a felon delivered by Constables or Township, or ta­king any thing for receiving, is to be fined, 4 E. 3. c. 10 Lam. 434.

Six Justices may in sundry shires take order for the common goal, wheerof the Sheriffs shall have the custody, & to which murderers and felons, &c. shall be sent, and may perform many incidents thereto by the statute, 23 H. 8. c. 2. 13 El. 25. Lam. 336. EXP.

Accountant for mony levied for the goal to build it, goeth into another County; the Justices of Peace where the goal is, may send an attachment for him, unto another shire, 23 H. 8. c. 2. 25 H. 8. c. 5. 5 El. c. 24. Lam. 525. EXP.

Goaler suffereth a prisoner to go abroad out of his sight, and he returneth not again; it is an escape, Cro. 39. b. nu. 5.

Goaler refuseth to receive one arrested for felony, the Town must keep him till the Goal delivery, Dal. 348. 349. Cro. 172. a. but the Goaler denying to receive such shall be punished by the Justices of Goal-delivery, ibid.

Goaler shall take no sees of any servant, carpenter, mason, nor other labourer com­mitted for refusing to serve, on pain of 10 li. to the King, and 100 shill. to the party, 34. F. 3. c. 9. Cro. 185. a b.

Glass-men.

Glass-men of honest life may travel with­out begging within the County, by licence of three Justices under their hands and seals, one being of the Quorum, 39 E [...]. c. 4. but by 1 Jac. c. 7. they are made rogues, and so to be punished.

Goldsmith.

Goldsmith or worker of gold must work a fine silver or gold in allay as the sterling, and set his mark on it, or forfeit the double value, 2 Hen. 6. c. 14. Lam. 467.

None to gild any thing, or any mettal but silver, except spurs of Knights, and appare's of Barons, or above, upon pain of ten times the value, and a years imprisonment, 8. H. 5. c. 3. Lam. 467.

Good abearing.

Good abearing may be granted upon dis­cretion, and that by one Justice out of the Sessions; yet better not to command it but upon special cause seen to themselves, or up­on suit of others, and those very honest, and seldome for one cause, alone, and not by one Justice only, Lam. 120. Dal. 101.

Good behaviour may be granted by spe­cial Writ out of the Chancery, Custodibits pacis & vice comiti & eorum cuilibet, upon the statute of 34 Ed. 3. 1. Lam. 117. Dal. 192.

Greyhounds, vide Hunting.

.

Guns and Gunners.

Gunner that departed from his Captain without licence, or wandring with a forged licence, it is felony, Lam. 427.

Every person may attach an offender a­gainst the statute 33 H. 8. c. 6. and carry him to a Justice of Peace, Dal. 65.

And the Justice upon examination may send him to the goal till the penalty be paid.

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 high­waies 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.

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, [Page 130] 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 chance­medly.

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 [Page 131] 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 [Page 132] 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 [Page 133] 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.

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 [Page 136] 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 [Page 138] 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 [Page 139] 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 [Page 140] 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 [Page 141] 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, [Page 142] 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, [Page 143] 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 [Page 144] 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 [Page 146] 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 [Page 148] 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.

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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. [Page 149] 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.

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, [Page 154] 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 [Page 155] 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.’

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 [Page 160] 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 [Page 162] 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.
• [Page 165]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.

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, [Page 176] 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. [Page 177] 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 [Page 178] 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.’