A briefe summary of the lavves and statutes of England so far forth as the same do concerne the office of justices of the peace, sheriffs, bayliffs, constables, churchwardens, and other officers and ministers of the commonwealth : together with divers other matters not onely acceptable for their rarity, but also very necessary for their great use and profit, for all persons, but especially for such as bear office in this common-wealth / collected by Nicholas Collyn ...

A briefe SUMMARY, OF THE Laws and Statutes Of ENGLAND.

Alehouses and Drunkenness.

* 1.1 1 IF any Inkeeper, or any Ale-house-keeper, shall suffer any person dwelling in the Towne, Village or Hamlet, where such Inne or Alehouse is, to remaine and continue drinking there, other then persons invited by Travellers, accom∣panying them only, during their nece∣ssary abode there, Labouring men, and Handicrafts-men for an hour at dinner time; and La bourers and work∣men which for following their work, lodg and victuall in such houses, other∣then

for urgent occasions allowed by 2. Justices of the Peace, he sha••l forfeit to the poor there for every such offence proved by two witnesses upon Oath, or seen by a Justice of the Peace of that limit, 10. s. 1 Iac. 9. & P. 6.

By the Stat. of 7. Iac. 10. he shall be disabled to keep an Alehouse for 3. years after.

2. Whosoever shall continue drin∣king in Inne or Alehouse in the town where he then dwelleth contrary to the Stat. 1 Iac. 9. before mentioned, the said offence being proved, or seen, as aforesaid, and presented within Six monthes, shall sorfeit and pay to the use of the poor there, within a weeke after for every such offence 3. s. 4. d. And if the offender be not able to pay the said forfeiture, then he shall be set in the stocks 4. hours, 4 Iac. 5. and Poult drunkenness.

* 1.2 Note that if any Alehouse-keeper shall so continue drinking in the town where he dwells, he shall be disabled three years, per le Stat. 4 Iac. 5. and 7. Iac. 10.

3. If any Inkeeper or Alehousekee∣per, &c. shall utter or sell less than a full Ale quart of the best Beer or Ale for a penny, and of small two quaits for a penny, he shall forfeit for every such offence being proved as aforesaid, 20. s. to the use of the poore there, 1. Iac. 9,

& Peult. Alehouses, 7. &c.

But by the Stat. 7 Iac. 10. he shall be disabled 3. years.

* 1.3 Whosoever shall be drunk, and there∣of be lawfully convicted within Six monthes after, shall forfeit and pay to the use of the poore there within one week 5. s. and if he be not able to pay it, then he shall be set in the stocks six hours, and if after that he shall be a∣gain convicted of the like offence, then he shall be bound with two sureties in 10. l. to be from thence forth-of good behaviour, 4 Iac. 5. & Poulton drun∣kenness i, & 5.

Note that such offenders being once punished by the Ecclesiasticall Laws, shall not est soons be punished for the same offence, 4 Iac. 5. P. Drunken∣ness, 8.

5. Whosoever shall keepe Alehouse without license, or contrary to the com∣mandment of two Justices of the peace one of them being of the quorum, shall be imprisoned 3. dayes without bayle, and before his delivery to be bound by recognizance with two sure∣ties not to keep Alehouse any more, as the Justices shall think sit. And shall be also fined by the Justices in their o∣pen Sessions for every such offence 20. l. 5 & 6 Ed. 6. 26.

The penalty for selling Ale or Beer the persons unlicensed, see Brewers, 4.

An Alehouse-keeper once lawfully put down, cannot be allowed again but * 1.4 in open Sessions, Juog VVarberton at Camor. Assizes, 1613. and Dalton 25. & 26. tamen quaere.

6. If a common Inkeeper, or Ale-house-keeper, shall refuse to lodg a tra∣veller, he ought to be suppressed, Dal∣ton 25.

Archery,

* 1.5 1. ALL persons lacking or not u∣sing Bows and Arrows accor∣ding to the Stat. 33 H. 8, 9. (except persons excepted by the Stat.) shal forfeit the several penalties impo∣sed upon them to the King and Infor∣mer, so as the suit be commenced a∣gainst them within a year after, See P: 1. &c.

* 1.6 2. All false makers of Arrow heads shal be punished according to the Stat. 7. H. 4. 7.

* 1.7 3. If the Inhabitants of every Town and place shall not make and continue their Buts as they ought to do, they shal forfeit for every month 20. s. 33 H. 8, 9

Armour.

* 1.8 1. IF any persons (except the Kings Servants or officers in doing their service, and their company aiding them in that behalf) shall ride or go armed by day or night, or shall bring force in affray of the Kings peo∣ple before the Kings Justices or other∣wise, they shall lose their Armour, and be imprisoned at the Kings pleasure and may also be bound to the peace or good behavionr, 2 Ed. 3. 3. & P. 1.

* 1.9 2. To imbezell the Kings Armour. Ordnance, or Victuals to the value of 20. s. it is Felony, so as the offender be impeached within a year after, 31 El. 4 & P. 3.

* 1.10 3. All the Armour, Gunpowder, and Munition soever of Recusants convict, other than necessary weapons, shall be taken from them by warrant from four Justices of the peace at their quarter Sessions; and yet they shall bee charged with maintaining the same, and with buying more in such sort as other Sub∣jects are according to their ability, 7 Iac. 5, and P. Recusants 75.

Artificers.

* 1.11 1. IF any Artificers, Workmen, or Labourers, shal conspire, promise, or make oathes that they will do their work but at a certaine price or rate, or will not finish what another hath begun, or shal otherwise conspire, for the order of their work.

Or if any butchers, bakers, brew∣ers, Poulterers, Cooks, Costermongers, or Fruiterers, shall conspire, covenant, promise, ot take any oathes that they shall not sell their victuals but at cer∣tain prices, every of them so ostending being lawfully convicted thereof, shall forfeit for the first offence, i0. l. to the King, and if he do not pay the same within six dayes after conviction, hee shall be imprisoned twenty dayes, and have only bread and water for his suste∣nance, and for the second offence 20. l. or &c. and suffer the punishment of the pillory, and lose one of his ears, and ne∣ver be credited in matter of judgment, 2 Ed. 6. 15. P. 1. and Iust. 56. * 1.12

Artificers are compelled to work in Harvest, See Labourers.

None shall occupy any Art but which hath been an Apprentice, See Labou∣rers.

Assault.

1. IF any shall commit unlawful As∣sault, beating, wounding, or such like trespasses against the body of any one, or shall with force and aginst the Law, take the goods of another, or shall do any trespass in the Lands of a∣nother, they shall be imprisoned, and punished according to the offence by the Justices discretion.

But the fines which they assess must be reasonable, having regard to the quantity of the trespass, and the cause, 2. Ed. 3. 6. 33. Ed. 3. 1. & P. Just. 18.

A servant or Workman assaults his Master, See Labourers.

* 1.13 Whosoever shall lie in a wait to rob Maine, or Kill another, shall be imprisoned and fined. See Poulton, Just. 18.

Assize of Bread and Drink.

1. IF any common Brewer, Baker, or Tipler, have broken the Assize of Bread, Beer, or Ale, he shall be fi∣ned by the discretion of the Justices, &c. And if any Steward in Leet, or Of∣ficer in Market Town, shall take any fine for breach of the Assize of Bread or ale in such cases where corporall pu∣nishment is appointed, he shall be grie∣vously fined, 51 H. 3. 13 Ric. 2. 8.

* 1.14 3. If a Baker or Brewer shall break the Assize the first, second, and third time, he shall be amerced according to his offence; except it be great, but if his offence be great, or that he doth offend a fourth time, or oftner, then the Baker offending shal be set on the Pillory and the Brewer punished by the Tumbrell; which shall not be pardoned for Gold nor Silver, 51 Hen. 3. & P. Weights and Measures, 15.

Badgers, Laders. Drovers.

* 1.15 1. ALl licences made to any bad∣ger, Lader, Kidder, or Carrier of Corn, Drover of Cattel, Buyer or Transporter of Corn and Grain, Butter and Cheese, otherwise than in the open general quarter Sessi∣ons of the peace holden in the Shire where the party admitted, assigned, or allowed, doth, or by the space of three years before the Test of this Licence hath dwelled, or other then to such per∣sons as is, or hath been married, is a∣houshoulder, no houshould servant or retainer, and thirty years of age at the least, or to have continuance for more then one year, or which beareth not date the day and place where the Sessi∣ons is holden, or is not signed and sea∣led with the hands and seals of three Justices of the peace at the least there present, whereof one to be of the quo∣rum, shall be void, and the party which taketh the same shal forfeit 5. l. to the King and Informer, 5. El. 12. and P. 2.

2. Whosoever shall by authority of such license buy any Corn out of open Fair or Market to sell the same again (except he be thereunto specialy licen∣ced by express words in his Licence) shal forfeit, ut antea, 5. l. 5 El. 12. & P. 1.

Bark.

* 1.16 1. VVHosoever shall got into his hands any Oaken∣bark, to the intent to sel the same again, shall forfeit the barks, or the full value thereof, i Iac. 22. & P. Leather, i4.

* 1.17 2. Whosoever shal sel any trees meer to be barked, where bark is worth 2. s. 2. load, without the charge of barking and pilling timber for necessary building or reparations of houses, ships, or mils, excepted, but between the first day of April, and the last of June, shall forfeit for every tree the double value thereof, i Iac. 22. & P. Leather 15.

Barator,

1. A Common Barrator is he who is either a common mover, or stirrer up, or maintainer of suits in Law in any Court, or else of quarrels in the County, and not only in one, or two, but in many causes.

Such persons may bee bound to the peace, or good behaviour, and may be imprisoned and punished according

to the Justices discretion, 2 Ed. 3. 6. & P. Justices i8.

Bastardy.

HE that is suspected to have got∣ten a Bastard, ought to be bound to the good behaviour, to the end he may be forth comming when the child shall be born, Lam. i2.

* 1.18 Two Justices of Peace, one of them being of the Quorum, in, or next to the limits where the parish Church is, in which parish any Bastard begotten, and borne out of lawfull Matrimony, shall be born, upon examination of the cause and circumstances, shall and may take order by their discretions, as well for the reliefe of the parish, and kee∣ping of the child, by charging the mo∣ther, or reputed father with the pay∣ment of money weekly, or other relief, as also for the punishment of the mo∣ther, and reputed father, i8 El. 3.

* 1.19 If the mother or reputed father, upon notice thereof, shall not perform the order of the Justices, subscribed under their hands, such persons so making de∣fault, shall be by the same Justices committed to the common Goale, there to remain without baile; or mainprise, except such persons shall put in suf∣ficient

sureties to perform the said or∣der, else appear at the next Sessions of the peace to be holden in that County, and also to abide such order as the Ju∣stices or the more part of them shall there take in that behalf, and if they take no order there, then to abide the order before made, ibid. & P. 1.

* 1.20 That the Mother may be examined upon Oath concerning the reputed Fa∣ther.

* 1.21 By the Stat. 7 Iac. every such lewd woman shal be sent to the house of cor∣rection, there to be punished, and set to work for a year, and if she shall oft soons offend so again, then to be com∣mitted to the said house of correction as aforesaid, there to remain until she can put in sureties for her good behavi∣our not to offend so again.

* 1.22 But such a bastard child must be one that is left to the charge of the parish, or like to be chargeable to the parish, 7 Iac. 4.

* 1.23 If the lustices may punish the Mo∣ther by force of the Stat. 18. Eliz. and after send her to the house of correcti∣on, because Nemo debet his puniri pro uno∣delicto.

* 1.24 The mother may not be sent to the house of correction before the child be born, Dalton.

Such child is not to be sent to the house of correction with the mother,

but rather to be kept in the town where it was born, and there to be relieved by the work of the mother, and by reliefe commonly from the Father; yet it is commonly used to send the child with the mother to the house of correction, de eo quaere.

Brewer,

* 1.25 1. IF any brewer which breweth beer or ale to sell, shall by himself, or other to his use, occupy the my∣stery of Cooper, or make Barrels, &c. or other vessels of wood wherein to put his Beer or Ale to sale, he shall forfeit for every vessel made 3. s. 4. d. to the King and the Informer, 23 H. 8. 4.

* 1.26 2. If any Beer Brewer, or Ale brewer shal sel his drink at higher prizes than shall be appointed by the Justices of the Peace, &c. he shall forfeit for e∣very Barrell so sold, six shillings, for every Kilderkin three shillings, and four pence; for every Firkin two shil∣lings; for every lesser vessell twelve pence, and for a greater then a Barrell, tenne shillings to the King and In∣former,

28, Hen. 8. 4. and Poulton 2.

* 1.27 3. The Justices of the peace for every shire where any Ale or Beere-Brewer doth dwell (out of a City, Borough, or Town, or other place where no head officer hath any rule) have power to Sess and Tax by their discretions the prices of every Barrell, Kilderkin, or Firkin of Ale or Beere. 23 H. 8. 4. & P. Just. 78.

* 1.28 4. If any person shall by himself or otherwise, directly, or indirectly sell, utter, or deliver any Beer or Ale to any person, or into the house or seller of any person that then shall sell Beer or Ale as a common Tipler without License then in force to sell Ale or beere, hee shall forfeit for every barrel 6. s 4d. and so after that rate for a greater or lesser vessel or quantity, 4. Iac. 4. and P. Ale-houses, so;

Buggary.

* 1.29 THe Iustices of peace may hear and determine the said offences of buggary, as they do use to do in other cases of Felony, and such offen∣der shal not be admitted to his Clergy, 25 H. 8. 6. 5. El. 17. & P. 1.

Burglary.

* 1.30 BUrglars shall not have the benefit of their Clergy, 18 El. 6. But there are four speciall things which must concur to make this Felony, viz.

1. The time only in the night.

2. The place either publique, as the Church, or walls or gates of a City, or walled Town, or private, as a dwelling, house, and then some body must be within at the same time. Also the brea∣king in the night of a stable, barn, or, other out-house adjoyning or near the dwelling house, to the intent to steal, is Burglary, though he take nothing. See Dalton.

3. The manner consisteth, partly in breaking of the house, and partly in entring therein; yet it seemeth that he that is taken in the only attempt of a Burglary, shall be hanged though he make no actuall entry, as to put back the leaf of a window, to draw the latch of a door, or turn the key in the inner side of the door, to break a glass win∣dow and hook out any goods, or to come down a chimney, &c.

4. The intent, which must be either to kill or rob some person, or do some other Felony, See Dalton 223.

Burning of Houses.

TO burn a dwelling house, or o∣ther house parcel thereof, by night or day feloniously is Fe∣lony.

So it is to burn a stack of Corn Felo∣niously.

So it is to burn a Barn adjoyning or near a dwelling house in the night Fe∣loniously.

So it is also to burn a Barn in the day time having Corn in it, though it be not adjoyning to the dwelling house.

Butchers.

* 1.31 1. IF a Butcher shall buy cattel, and sel the same alive, he shal forfeit to the King and Informer the same cattel, 3 & 4 Ed. 19. 1. Iac. 25. & P.

2. If a Butcher or other person shall kill any Weanlings, Bullock, Steer, or Heifer being under the age of 2. years, to the intent to sell the same again whole or by retail, he shall forfeit to the King and Informer for every one six shillings and eight pence, 24 H. 8. 2. 1 Iac. 25. & P. 2.

3. A Buther that selleth swines flesh * 1.32 measled, or flesh dead of the morein, after he shal be convicted thereof, shal for the first time be grievously amerced, the second time be judged to the Pillo∣ry; the third time he shal be imprisoned and fined, and the fourth time he shall for swear the town.

And in this manner it shal be done of all that oftend in like case, as of Cooks, &c. 51 H. 3. and P. 4.

4. If a Butcher shal gash or hurr any hide of Ox, Bul, Steer, or Cow, he shall forfeit for every hide, 20. d. 1 Iac. 22.

Or shall water any hide, except in Iune, Iuly, or Argust, or shall put to sale any putrified, 3, s. 4. d. ibidem & P. Lea∣ther 1.

5. No Butcher or other person shal kill any Calfe to sel, being under five weeks old, on pain to forfeit for every calf 6. s. 8. d. 1 Iac. 22. & P. Leather, 2.

6. No Butcher shall be a Tanner si∣mul & semel, under the pain of forfei∣ting 6. s. 8. d. for every day. 1 Iac. 22. & P. ibidem, 3.

Butchers conspiring to sel their meat at certain prices. See Artificers. 1.

Captains, Souldiers, Musters.

* 1.33 1. IF any Souldier serving the King in his wars shal give away any horse, gelding, mare, or harness wherewith he was set forth, he shal be imprisoned till he make satisfaction, 2 Ed. 6. 2. & P. Just. 84.

* 1.34 2. If any person absenting himselfe without true and reasonable cause (be∣ing commanded to Muster before any Having authority for the same) or not bringing with him in a readiness his best furniture of array, and armour of his own person, he shall be ten dayes imprisoned, or pay forty shillings fine, 4 & 5 P. & M. 3. & P. 12.

3. If any person authorised to muster or levy men for the Kings service in war, shall take any reward for the dis∣charge or sparing any from that service, or shall not pay to his Souldiers their whole wages, conduct, and coat money, within ten dayes after he shall receive the same, or for gain hath licensed a∣ny to depart out of the service, he shal forfeit for every offence ten times as much as he taketh, and pay to every Souldier treble the sum withholden,

4 & 5 P. & M. 3. 2 Ed. 6. 2. & P. 12.

4. Every parish shal be charged with •• weekly summe towards the reliefe of ••ouldiers and Mariners by the more ••art of the Justices of the peace in ••heir generall quarter Sessions next af∣••er Easter yearly, so as no parish be ra∣••ed above 10. d. nor under 2 d. and so as ••he totall summe of such taxations in a∣••y County where there shall not be a∣bove 50. parishes do not exceed the rate of six pence for every parish in the same County, 43 Eliz. 3. & Poulton 17.

A remedy for such as refuse to pay the said taxation, ibid.

5. Who shall collect the said taxa∣tion, and how, and when they are to dispose of it, see 43 El. 3. & Poulton, ••18.

6. The Justices of the peace shall grant reliefe in quarter Sessions to Souldiers and Mariners, and may alter and revoke the same again, ibid. & P. 19.

They may also alter and dispose of the surplusage of the stook, as the most of them there shall think fit, ibid. & P. 24.

7. If a Souldier or Mariner shall be taken begging, or shall counterfeit a Certificate, he shall for ever lose his pension, and be punished as a common Rogue, ibid. &. P. 23.

* 1.358. If a Souldier, Mariner, or Drum∣mer depart from his Captain without licence, it is Felony, 18 H 6. 19. & P. 3.

9. If a Souldier or Mariner wande•• abroad without a Testimoniall, it is fe∣lony. So it is in every one wandring 〈◊〉〈◊〉 a Souldier or Mariner, which shal forge•• or counterfeit a Testimonial, 39 El. 17. & P. sub titulo Mariners 4 & 5.

* 1.36 10. How and by whom a Certificate of a Souldier or Mariner shal be allow∣ed and made, see 43 El. 3. & P. 19.

Church and Church∣yard.

1. IF any person shall malitiously strike with any weapon in Church or Churchyard, or draw any wea∣pon there to that intent, and shall be thereof lawfully convict, he shal have one of his ears cut off, and if he have no ears, then he shall be burned in the cheek with a letter F. and stand (ipso facto) Excommunicate, 5 & 6 Ed. 6. 4. & P. Fighting 4.

2. Fairs or Markets in Churchyards, see Fairs.

3. If any shall feloniously take goods ••••t of any Church or Chappell, it is ••••lony, and he shall not have Clergy, ••••e P. Clergy i3.

* 1.37 4. Whosoever not having lawfull ••••d reasonable excuse to be absent, shal 〈◊〉〈◊〉 repair to his or her parish Church Chappell accustomed, or upon let ••••reof, to some usuall place where ••••mmon Prayer, is to be used every ••••nday, and other Holyday, and there ••••erly and soberly abide during the ••••e of such common prayer, preaching ••••other service of God, and shall be ••••ed in question within one month 〈…〉〈…〉r default, shal forfeit for every de∣〈…〉〈…〉t 12. d. to the use of the poor where 〈◊〉〈◊〉 offenders shal be resident and abi∣〈…〉〈…〉g at the time of such offence com∣〈…〉〈…〉ed, 1 El. 2. 3. Iac. 4. & P. Recusants 〈◊〉〈◊〉 50.

〈…〉〈…〉nd whosoever being above the age 〈…〉〈…〉6. years, shal not repair to some 〈…〉〈…〉rch or chappel as aforesaid, shall 〈…〉〈…〉eit for every month 20. l. to the King El. 1. & P. Recusants 3.

〈…〉〈…〉nd whosoever shal keep, relieve or 〈…〉〈…〉our any such person, shal for se it every month, i0. l. 3 Iac. 4. & P. Re∣〈…〉〈…〉ts 5i. See Recusants.

Church-wardens, and Overseers.

1. IF the Church-wardens and O〈…〉〈…〉 seers of the poor of every 〈◊〉〈◊〉 rish shall not take order for 〈◊〉〈◊〉 ting a work, or relieving their poor, 〈◊〉〈◊〉 for assisting the inhabitants and o〈…〉〈…〉 piers of land in their parish, or sh〈…〉〈…〉 not endevor to levy such Assessments, 〈◊〉〈◊〉 shal not meet together monthly & 〈◊〉〈◊〉 count as they ought, every one mak〈…〉〈…〉 default, shall forfeit for every de〈…〉〈…〉 20. s. to the use of the poor. 43. El. 〈◊〉〈◊〉 P. Poor 2. i2.

And if any Church-Warden, Overseer shall refuse to account, 〈◊〉〈◊〉 Justices may commit him to p〈…〉〈…〉 without bayle till he make a true count, and satisfie and pay so much upon the said account shall be re〈…〉〈…〉 ning in his hand, 43 El. 2. & P. 4.

2. If the Church-wardens, &c. s〈…〉〈…〉 not truly collect, and pay over to 〈◊〉〈◊〉 high Constable of that Division dayes before the end of every qu〈…〉〈…〉 Sessions such money as they ough〈…〉〈…〉 pay for the relief of the prisoners i〈…〉〈…〉 Marshal sea and Kings-Bench, then t〈…〉〈…〉 shal forfeit for every default i0. 5.

the uses in this Act comprised, 43 El. 2. & P. Poor i4.

And they also forfeit 5. l. for not levying the money, and paying the same money so taxed for reliefe of the prisoners in the common Goales of the County, according to the Stat. i4 El. 5. and P. Prison 4.

3. If the Churchwardens and petty Constables shall not truly collect and pay to the high Constables of that divi∣sion ten dayes before every quarter sessions such mony as they ought to pay for the relief of Souldiers and Mari∣ners, they shal forfeit for every default 20. s. 43 El. 3. and P. Capt. &c. i7. i8.

4. If the Churchwardens or Over-seers, or other officer to whom the mo∣ny forfeited by 4 Jac. for uttering Beer or Ale to Tiplers unlicensed shall be payed, do not within convenient time truely bestow the same among the poor they shall forfeit double the value thereof, 4 Jac. and P. Alehouses i2. i3.

5. The Churchwardens duty in levy∣ing the penalties of Alehouse-keepers, &c. See Constables 9

Their duty in presenting the month∣ly absence from Church of Recusants, See Constables i4.

7. Their duty in chusing dayes for amending the high wayes, See High∣wayes i. ii.

8. They forfeit 5. l. for not receiving Rogues lawfully sent unto them.

Their duty for binding out poore children Apprentices, and imploying their mony according to the Stat. 7. Iac. 3. See constables i5.

Clergy.

1. IN what cases clergy is allow〈…〉〈…〉 and what not, see Poulton i. &c.

2. Where clergy lyeth, it 〈◊〉〈◊〉 grantable but once to one person (e〈…〉〈…〉∣cept he be within holy Orders) 4. H. 7〈…〉〈…〉 i3. & P i6.

Clark of the Market:

* 1.38 1. IF the Clark of the Market shall take any common fine to dis∣pence with faults, or shal ride with more than six horses, or tarry lon∣ger in the country than the necessity of his business requireth, he shal forfeit to the King for his first offence, 5. l. for the second offence 10. l. and for the third offence 20. l. 13 Ric. 2. & P. 1.

* 1.39 2. He ought also for to have all his Weights and Measures signed accor∣ding to the Standard of the Exchequer with him, when he goeth to assay Weights and Measures, and he nor any other shall use any other Weights or Measure, i•• Ric. 3. & P. i.

Cloth.

1. THe Justices of peace in their se∣verall quarter Sessions may enquire, heare, and determine every fault and offence made, or done contrary to the act of 39 El. 20. concer∣ning woollen cloth, see P. Drapery, 127, &c. & 43 El. i0.

2. If any person shal present any cloth which is defective or faulty con∣trary to the Stat. 5 Ed. 6. the same cloth shal be by two Justices of the Peace cut into three equal parts, where of the King shal have one, the pre∣senter one, and the third they shal re∣tain themselves, 5 Ed. 6. 6. & P. Dra∣pery 29.

* 1.40 3. If Clothiers, or other Masters shal refuse to pay such wages to their Spinsters, Weavers, and other work∣men whatsoever as shal be assessed by the Justices of the Peace at their Sessi∣ons, and shal be thereof convict, they shal forfeit for every such offence, ten shillings to the party grieved, i Iac. 6. & P. Just. 66.

4. If Spinsters, Carders, Weavers, &c. shal imbezel, sel or detaine any part of their Clothiers wool, or yarn, as wel every one of them, as the buyers, and the receivers thereof knowing the same to be imbezelled, being convicted thereof by confession of the parry, or proved by one sufficient witness upon oath, before two Justices, shal give such recompence to the party grieved, as the Justices shal think sit, and if they be not able, then to be whipped and set in the stocks near the place where the offence was committed, 7 Iac. 7.

* 1.41 5. If any person shall wittingly use any deceitful art or means with Lin∣nen

Cloth, whereby the same is made worse for the use thereof, he shal forfeit his said Cloth, and suffer one monthes Imprisonment at the least, and pay such fine as shall be assessed by the Justices, 1 Eliz. 12. & P. Linnen cloth 2.

Dyers and Dying.

THe default and punishment of Dyers, 23 Eliz. 9. 39. Eliz. 11. & Poul. Drapery, 65. & Just. 82

Conjuration, Witchcraft, Prophesying

* 1.42 1. WHosoever shall use Invocati∣on, or Conjuration of any evil spirit, or shal consult. covenant with, entertain, imploy, feed, or reward any evil Spirit, for any intent; or shall take up any dead man, woman, or child, or any part of any dead person, to be used in any manner of Witchcraft, Sorcery, Charme, or

Inchantment; or shall use Witchcraft, Inchantment, Charm, or Sorcery, whereby any person hath been killed, destroyed, wasted, consumed, pined, or lamed in his body, or in any part there∣of, shall, together with his Aiders, A∣bettois, and Councellors, being Law∣fully convicted, suffer death as a Felon, and not have the benefit of Clergy, i Iac. i2. and P. 1.

* 1.43 2. VVhosoever shall undertake by VVitchcraft, Inchantment, Charm, or Sorcery, to tel in what place any Trea∣sure of Gold or Silver may be sound; or to the intent to provoke any person to unlawful Love, or to impare, or destroy any persons Goods or Cattle, or to hurt any person in body, although the same were not effected, sha••l for the first offence suffer Imprisonment by the space of one whole year without Bail, and once every quarter of the said yeare, shall in some Market-Town * 1.44 on the Market or Faire day, stand openly on the Pillory by the space of six hours, and there openly confesse his fault and offence, 1. Iac. i2. & Poult. 2.

* 1.45 And for the second offence shal suf∣fer death as a Felon, and not have Cler∣gy, ibid. & P. 3.

* 1.46 3. Whosoever shal advisedly advance, publish, and set forth by writing, prin∣ting, open speeches, or deed to any other

person, any fantastical or false Prophe∣sie upon Arms, Fields, Beasts, or Bad∣ges, or upon any Time, Name, Bloud∣shed, or War, to make thereby Rebel∣lion, dissention, loss of life, or other Disturbance within the Kings Domini∣ons, shal for the first offence be impri∣soned a year without Bail, and forfeit to the King and Informer 10. l. And for the second offence be imprisoned during life, without bail, and forfeit to the King and Informer all his Good and chattels, 5 El. i5. and P. Prophe∣sying.

Constables.

* 1.47 1. EVery Constable ought to be Ido∣neus homo, that is to say, apt and fit for the execution of the said Office, and he is idoneus who hath these three three things, viz.

• 1. Honesty:
• 2. Knowledg.
• 3. Ability.

1. Honesty to execute his office truly without malice, affection or par∣tiality.

2. Knowleege to understand what he ought to do.

3. Ability, as wel in substance, or estate as in body, that so he may at∣tend and execute his office diligently, and not through impotency of body, or want, to neglect the place.

And if any shal be chosen con∣stable, which is not thus enabled and qualified, he may be discharged, Dalt. s. 37.

* 1.48 2. All constables and other Offi∣cers ought to be attendant and assisting to the Justices of Peace for the execu∣tion of the Stat. 33. & 37. H. 8. con∣cerning Retainers, giving of Liveries, Maintenance, Embracery, Bow-staves, Archers, unlawful Games, Fore-stal∣lers, Regraters, Victuallers, and Inn∣holders, upon pain to be fined by the discretion of any two Justices of the peace, P. Just. 20.

* 1.49 3. If a Constable or such other Offi∣cer shal arrest one for Felony, and after suffer him to escape, it is Felony in such constable, of whatsoever other kinde the offence be; if the Officer shall by his will or negligence suffer the party to escape, he shall be fined, which Fine shall be equal with the value of his Goods, if his fault do so require, See the Duties o•• constables, f. 22.

* 1.50 4. If a constable, or other head Officer shall be requested to resist Pur∣veyor which refuseth to make ready payment of any Purveyance not ex∣ceeding

forty shillings, and he not∣withstanding shal not aide and assist such own••r, he shal pay to the party grieved the value of the thing taken, and his double damages, 20 Hen. 6. 8. & Poulton Purveyors, 22. & Just. 58.

* 1.51 5. If the Constable, or other such Officer of any Township upon request made, and for the avoiding the loss of Corn, or grain, or Hay in the time of Harvest, shal not cause all such Ar∣tificers and Labourers (as be meet to Labour) by his discretion, to serve by the day, for the moowing, reaping, or inning of corn or Hay, according to the skill and quality of the person, and such as refuse to imprison in the stocks by the space of two dayes and one night, he shall forfeit 40. s. 5 El. 4. & P. Labourers 13.

* 1.52 6. If Constables and Tything-men shal not make privy search within their limits for Rogues and Vagabonds ac∣cording to the Statute 7 Iac 4. Or shal not safely convey all such Rogues and idle persons at the charge of the Hundred, as by the Justices Warrant shall be sent to the house of correction, they shall forfeit such Fines as the Justices shall think fit, not exceeding forty shillings for every such offence, 7 Iac. 4.

7. If any Constable, or Tything-men

shal not do his best endeavour to apprehend such rogues as beg, 〈…〉〈…〉bide * 1.53 within his limits, or shal not cause them to be punished, and conveyed a∣way, according to the Stat. 39 El. 4. h•• shal forfeit for every default 20. s. ibid. and i lac. 7. & P. Vagabonds, 5. and vide P. ii. how this forfeiture shal be imployed.

* 1.54 8. If any Constable, Headborough, or Tythingman shall not punish, and convey every Rogue and Beggar that shall be brought and set on land here, from Ireland, Scotland, or the Isle of Man, according to the Law, he shal forfeit for every default i0. s. 39. El. 4. P. Vagabonds 6.

* 1.55 9. If any Officer wil not receive a Rogue, to convey him according to the Law, he shall forfeit five pounds, P. Vagabonds 5.

And if any being a sturdy or impu∣tent Rogue shall be sent to a Towne where he ought to be sent, and shal be refused, that person refusing shal forfeit 5. l. And he that is sent, is to be offe∣red to the Churchwardens and Over-seers.

* 1.56 To send Rogues by a general Pas∣port is a forfeiture of 5. l.

* 1.57 10. If any constable, or other in∣feriour Officer shall not whippe such hedge breekers, robbers of Orchards,

and Gardens, cutting of Corn and Wood &c. as shall be for that purpose committed to them by a Justice of the peace, he shall be imprisoned without bayle till it be done, 43 Eliz. 7. & P. Trespass 2.

* 1.58 11. Every Constable, and other offi∣cer that shall willingly make default in levying such money as they shall be commanded by the Warrants of any Mayor, Justices of the Peace, &c. for the Relief of the poore infected with the Plague, shall forfeit for every such oftence ten shilings to the use of the poore infected persons, i Iac. 31 and P. Plague 3.

* 1.59 12. If any Constable or other infe∣riour Officer, to whom it shall be given in charge by precept from any Justice of the peace, within his Limits shall neglect the due correction of a Drun∣kard, or the due levying of the penalties imposed upon such offenders, where distress may be had, he shal forfeit ten shillings to the use of the poor of the same Parish, 4. Iac. 5. & Poulton. Drun∣kenness 2.

* 1.60 13. If any Ale-house-keeper shal be neglected by the Constables or Church wardens not doing their duty in levy∣ing of the penalties &c. Or in default of distress, shall not crucifie such de∣fault by the space of two dayes then

next ensuing to the Justices within whose limits the offence shal be com∣mitted, the Constables, &c. shall for∣feit for every such default fourty shil∣lings to the poor, 1 Iac. 9. & P. Ale-houses 8.

* 1.61 14. If constables and other head Officers shall not make due search Weekly, or at the furthest once every month, where unlawful Games be, and execute the Statute in all things according to the purport of the same, shal forfeite for every Month fourty sh. 33 Hen. 8. and Poulton Players, 6. 7. 8. See who shal have Forfeitures, ibidem.

* 1.62 15. If the Parson or Vicar of a Town or Parish, not corporate toge∣ther, with the constables and Church∣warrdens, collecters, and Over-seers, where any summe of money is, or shal be given to be imployed for the bind∣ing out of poor children Apprenti∣ces, or any of them shall forbear wil∣fully, or refuse to imploy such money according to their Duties therein, e∣very of them so offending, shall for∣feit three pounds, six shillings, eight pence, for every such offence, the one halfe to the use of the poore, and the other halfe to any that will sue. 7 Ia∣cobi 3.

* 1.63 19. If constables and church war∣dens, or where there be none, the

chiefe Constables of the Hundred shal not once every year present the month∣ly absence from Church of Popish Re∣cusants according to the Stat. of 3 Iac. 4. they shall forfeit for every default twenty shillings, 3 Iac. 4. P. Recu∣sants 41.

* 1.64 17. It that Constables do not see Wath duly set and kept from Sun set∣ting till the Sun rising, between Ascen∣tion day, and Michaelmas day, and make presentment to the Justices of the peace at their sessions, of the default of wat∣ches, and such as lodge Strangers, for whom they wil not answer, they shal be fined by the discretion of the Justi∣ces, VVinch. 13. Ed. 1. 5. Hen 4. 3. & Poult. Watch 1, & 2.

* 1.65 18. If a Constable being present at an Affray, shall not do his best endea∣vour to part them, it being presented at the Sessions, he shal bee deeply fi∣ned, and the Affrayer at the discretion of the Justices, he may justifie the hur∣ting of them if they resist, & may com∣mand assistance, and imprison the Af∣frayors in the Stocks til they find sure∣ties of the peace, Dalton fol. 28.

High Constables.

* 1.66 SEE the Constables duties in choo∣sing Surveyors of the Highwayes, Highwayes i.

* 1.67 If the high Constable or other head officer shall not pay the money by him received for the reliefe of prisoners in the Goale at the next quarter Sessions to the persons appointed by the Justices to receive the same, he shall forfeit five pound, halfe to the King, the other to the Prisoners, El. 5. i Iac. 25. & Poult. Prisoners 4.

If the high Constable shall not pay at every quarter Sessions to one of the Treasurers of the shire such money as the Churchwardens shal pay to him for the prisoners in the Marshalsey, and Kings-bench, he shall forfeit for every default 20. s. 43 Eliz. 3. & P. poor peo∣ple 14.

* 1.68 If the high Constables shal not pay in like manner that money which the petty Constable or churchwardens bring to him for disabled Souldiers, he shall forfeit 40. s. 43 El. 3. & P. cap∣tains 18. See churchwardens 3. for the constables neglect herein.

Correction-houses.

* 1.69 1. EVery Justice of peace in the county where there is not a con∣veient house of correction with convenient backsides, and necessary 〈…〉〈…〉mplements, shall forfeit 5. l. 7 Iac. 4.

2. The more part of the Justices may at any time of quarter Sessions, give or∣der for the erecting of houses of cor∣rection, and for stocks of money, and al other things necessary for the same, or for the Government thereof, 39 〈◊〉〈◊〉 E. 7.

3. Houses of correction are to be purchased, conveyed, or assured upon trust to such persons as by the more part of the Justices of the peace in their quarter Sessions of the peace shall bee thought fit. And such Justices may at their said quarter Sessions, next after such houses built, and so from time to time appoint Governours or Masters thereof, and may make them such al∣lowance and maintainance as they shal think meet,

And if the Masters of the houses of correction shall not every Sessions yeild a true and lawful account to the Justice of the peace of all such per∣son

as they have committed to their cu∣stody, or if the said persons shal trou∣ble the Countrey by going abroad, or escape from such houses of correction, the most part of the said Justices in their quarter Sessions may fine the said Masters and Governors as they shall think fit. 7. Iac.

Coopers.

* 1.70 1. THe prices of all Barrels, Kil∣derkins, Firkins, and other ves∣sels to be sold for Ale, Beer, or Sope to be uttered therein, made or sold out of any City, Borough, or Town cor∣porate, shall be taxed by the Justices of peace, or the more part of them being present in the quarter Sessions yearly after Easter, at such prizes as they shal think fit and reasonable, and if any Cooper shal fel any of the same a∣bove such prizes assessed, and procla∣mation thereof made, he shal forfeit for every vessel sold at a greater price, three shillings four pence to the King and Informer. 8. Eliz. 9. & P. 1. & Iust. 79.

2. If any Cooper shall make his vessels for Beer or Ale of unseasona∣ble

Woood, or shall not make a Beer-Barrell * 1.71 to contain 36. Gallons; a Kil∣derkin for Beer, 18. Gallons; a Firkin fur Beer 9. Gallons, and a Barrel for Ale, 32. Gallons, a Kilderkin for Ale 16. and a Firkin 8. Gallons of the Kings Standard. And if any Cooper shal make any Vessel for Beere or ale to be sold of any greater or lesser num∣ber of Gallons than is aforesaid, unless he cause it to be marked upon every * 1.72 such Vessel the certain number of Gal∣lons it containeth, and that with his own mark, he shal forfeit 3. shil. 4. d. 23 H. 8. 4. & P. 2.

* 1.73 3. Whosoever shal make any Ves∣sels that being empty containeth not 32. Gallons for the Barrel, 16. for the halfe Barrel, and eight for the Firkin, or weighed above 26. pounds the Bar∣rel, the halfe Barrel 13. and 6. and a halfe the Firkin, shallose 3. shil. 4. d. for each one, 23 H. 8. 4.

* 1.74 4. Whosoever shal diminish any Vessel to deceive another shall forfeit 3. sh. 4. d. and be further punished at the discretion of the Officer, 23 H. 8. 4. & P. 3.

Corn.

* 1.75 IF any person shall buy Corn in any Fair or Market, for change of hi〈…〉〈…〉 Sed, having then sufficient for hi〈…〉〈…〉 house, and for sowing of his ground for a year, and shall not bring thither (if he might) somuch as he did so bu〈…〉〈…〉 and the same day sell it after the price then going, he shal lose double the value of the Corn so bought, 5 Ed. 6. i4. i3 El. 25. and P. 30.

Transporting of corn, see Poult. 〈◊〉〈◊〉, &c.

Coroners.

1. WHo shal be Coroners, and of whom, and where they shal be chosen, and of what thing they shal enquire, see 3 Ed. i. i0. i4 Ed. 5. 8. P. i2.

2. If a Coroner be remisse in

viewing a dead body murdered, or flain, and shall not enquire of them that did the murder of death of their abettors, or consenters, who were present there∣at, and their names, or so found, shall not enrole certifie, and deliver his In∣quisition according to the Law, he shal forfeit unto the King five pound for e∣very offence, 3 Hen. 7. 1. & Poulton, 12. i4.

* 1.76 3. If a Coroner shal refuse to do his Office upon the view of a dead body, by misadventure, without any fee there∣fore, he shall forfeit 40. s. i H. 8. 7.

* 1.77 But upon an Inquisition taken upon the view of the body slain, he may take 13. s. 4. d. 3. H. 7. 1. & P. i5. But if he take more, it is extortion.

4. Every Coroner which shall be ab∣sent from the assessing of wages for the Knights of the shire, shal forfeit to the King 40. s. 23 H. 6. i1. & P. Parl. 12.

5. If a Coroner shall conceals, or not arrest Felons when he may he shal be one year imprisoned, and make a grievous fine, or not being able, shall be imprisoned 3. years, VVestm. 1. 3. Ed. 1. 9. & P. Felony 1.

6. If default be found in a Coroner for impannelling a Jury, or returning Issues upon a commission to enquire of a ryot, &c. he shall pay to the Kings use 40. l. 2. H. 5. 8. & P. Ryots 7.

Cottages and Inmates.

1. NO person shal make, build, 〈…〉〈…〉 rector cause to be builded 〈…〉〈…〉 erected any manner of Co∣tage for dwelling, or convert or orda〈…〉〈…〉 any building or housing to be used as〈…〉〈…〉 Cottage for dwelling, unless he: do 〈…〉〈…〉 thereunto 4 acres of ground at the 〈…〉〈…〉 being his or their own Freehold 〈…〉〈…〉 Inheritance, lying neer to the said Co∣tage, to be continually manured the•• with so long as the said Cottage shal be inhabited, upon pain to forfeit to the King for every such offence 10. l. 31. 〈…〉〈…〉 7. & P. 〈◊〉〈◊〉,

2. Whosoever shall willingly main∣tain or uphold such Cottage, not ha∣ving so many acres so lying and manu∣red, shall for〈…〉〈…〉 it to the King for ev〈…〉〈…〉 〈…〉〈…〉forty shillings, 31. Eliz. 7. 6. P. 2.

* 1.78 3. Whosoever shall place or willingly suffer any Inmates, or more than 〈…〉〈…〉 dwelling in one Cottage, shall forfeit•• to the Lord of the Le••te for every month 10. s. 31. El. 7. P. 3. Just 10. 1.

Counterfeiting of Letters or tokens.

WHosoever shall falsly and deceitfully get into his hands, or possession any money, goods, chattels, jewels, or other things of any other person, by color or means of a privy token, or counterfeite Letter, made in another mans name, the same being proved by confession, or 〈…〉〈…〉xamination of witnesses, shal suffer a∣ny corporal pain (except death) as shal be adjudged, and besides the party grieved shal have his remedy by action or otherwise for the same money or goods, 33 H, 1. & P. & Just. 54.

Cut-purse.

A Cut-purse, not he which shal fe∣loniously take any money, goods, or Chattels from the person of a∣nother privily without his knowledg in any place whatsoever, shall not have the priviledg of his Clergy, but suffer death as a Felon, 8 El. 4. & P. Clergy i.

Escape

1. IUstices of peace in their Sess〈…〉〈…〉 may enquire of all manner 〈…〉〈…〉 scapes for Felony, 1 R. 3. 3. and so for Murder, and certifie thereof 〈…〉〈…〉 King in his Bench, 3 H. 7. 1. & P. Ju〈…〉〈…〉

* 1.79 2. If any person be murdered or 〈…〉〈…〉 in the day, and the Murtherer es〈…〉〈…〉 untaken, the Township where the 〈…〉〈…〉 deed is done, shall be amerced for〈…〉〈…〉 said escape, 3 H. 7. 1. and Poult. 2.

3. Escape is of two sorts, viz.

• 1. Voluntary.
• 2. Negligent.

And for a voluntary Escape, if 〈…〉〈…〉 Arrest or imprisonment were for F〈…〉〈…〉∣ny, it shall be adjudged Felony in 〈…〉〈…〉 which did suffer the prisoner to escap〈…〉〈…〉 &c.

* 1.80 And note, that a ooluntary Escape 〈…〉〈…〉 not Felony, if the Act done were 〈…〉〈…〉 Felony at the time of the Escape 〈…〉〈…〉 but it is finable, and so is a neglig〈…〉〈…〉 Escape, vide Dalt. s. 140.

Escheators.

* 1.81 NO Escheator shall sel or let to farm his Office, nor make any Deputy, but such as wil a〈…〉〈…〉 for at his peril, and shal certifie his 〈…〉〈…〉 under his Letters Pattents to the 〈…〉〈…〉surer and Barons of the Exchequer, 〈…〉〈…〉in twenty dayes after, upon pain to 〈…〉〈…〉eit for every offence forty pounds 〈…〉〈…〉 Ed. 9. & P. Just. 19.

If an Escheator shal take for the 〈…〉〈…〉ution of any Diem claufit extremum, 〈…〉〈…〉ther Writ in any County above 40. 〈…〉〈…〉r 40. sh. where the Lands are not 〈…〉〈…〉en in capite, he shall forfeit fonrty 〈…〉〈…〉ds to the King and Informer. 〈…〉〈…〉. 6. 17. & P. 9. And for taking a∣〈…〉〈…〉 15. s. for the finding the office of 〈…〉〈…〉ds not exceeding five pound per 〈…〉〈…〉m, shall forfeit for every offence 〈…〉〈…〉 pounds to the King and Informer. 〈…〉〈…〉 H. 8. 12. & P. 〈◊〉〈◊〉.

Whosoever shal take upon him to 〈…〉〈…〉ute the office of Escheator not ha∣〈…〉〈…〉 Freehold of the yearly value of 〈…〉〈…〉ty Marks above all charges, he shal 〈…〉〈…〉it twenty pounds, i H. 8. 8. 3 H. 6. 〈…〉〈…〉 P. 5.

Extortion.

IN Sheriffs and their Ministers, 〈◊〉〈◊〉 P. Sheriffes, 6. 7, 8, 9.

2. In coroners, see P. coroners, 〈◊〉〈◊〉

3. In Muster Masters, see P. Cap∣taines, 14.

4. In Escheators, see P. Escheato〈…〉〈…〉 3. & 9.

5. In Ordinaries, see P. Ordi〈…〉〈…〉∣ries, 2.

6. In the clerks of the Market, 〈◊〉〈◊〉 P. 1.

7. In a Parson, Vicar; or cura〈…〉〈…〉 5 El. & P. Fish-daies, 3 & 5 El. 4. La∣bourers, 7.

8. In a spiritual person for a Mo〈…〉〈…〉∣ry, 2 H. 8. 6. & P Mortuary 7.

9. In the clerk of the peace, for〈…〉〈…〉 rolment in the county, see Inrol〈…〉〈…〉 P. 2. & 27. H. 8. 16.

And for Registring the License a〈…〉〈…〉 recognizance of a Badger, &c. see 〈◊〉〈◊〉 〈◊〉〈◊〉 12. 3. El. 25. & P. Badgers 3.

Faire and Market.

* 1.82 IF the Owner, Officer, or Ruler of any faire or Market shal not year∣ly appoint one certain open place here for the sale of horses, &c. and one ••fficient person, to take Tole, and keep ••e said place from tenne of the clock 〈◊〉〈◊〉 the forenoon until sun set, he shall 〈…〉〈…〉rfeit for every default, 40. s. to the 〈…〉〈…〉ing and Infor. 2 & 3 P. & M. 7. &. P. 4.

2. When, where, and for whom role ••r horses must be taken, ibidem, & ••oul. 5.

3. The sale of any stoln Horse in a ••air or Market shall not take away the ••wners property, except the horse be ••penly ridden, led, walked, driven, or ••ept standing by the space of an hour, ••etween the hours of 10. in the morning ••nd Sun set, in the open place of the air, and lawfully toled, 2 & 3. P. & 〈◊〉〈◊〉. 7. & P. 5.

* 1.83 And yet nevertheless the owner ••ay redeem the stoln horse within six ••onths paying the price, 3 i El. 12. & 〈◊〉〈◊〉. 8.

5. No person shall sel or put away ••ny horse in any Faire or Market, un∣••ess the, Tole-Taker, Book-Keeper, Bai∣〈◊〉〈◊〉, or chiefe Offic〈…〉〈…〉 thereof, will take

perfect knowledg thereof, and enter the sellers name, &c. into a Book kep•• for horses sold, or unless the seller 〈◊〉〈◊〉 bring to such Tole-keeper, or other of∣ficer one cred••ble person testifying th•• he knoweth the seller, and there ente•• into such a book, as wel the summe a•• * 1.84 the name, sirname, Mystery, and plac•• of such Testifier, together with th•• price taken for such horse, and no〈…〉〈…〉 shall so testifie unless he do truly kno•• the same; and no Tole-taker, &c. sha•• make entry of any such sale, unless 〈◊〉〈◊〉 know the seller or testifier of such horse and giving unto the buyer requiring and paying two pence for the same 〈◊〉〈◊〉 true and perfect note in writing under his hand of all the contents of the same, upon pain that every person offending in the premises shall for〈…〉〈…〉 or every default 5. l. and the sale to be void, 31 El. 12 & P. 7.

5. If any person shall keep Faire 〈◊〉〈◊〉 Market in the Churchyard, he shall be punished at the discretion of the Justi∣ces, 13 Ed. 6. 1. & P. 10.

Pheasants, Partrid∣ges, &c.

* 1.85 1. VVHosoever shall take or cause to be taken any Pheasants or Partridges, by nets, snares, or other engines, upon the Freehold of any other, without his special license, shall forfeit to the ow∣ner of the ground, and the Informer, ten pound, 11 H. 7. & P. 1. & Just. 38.

* 1.86 2. Whosoever shall take, kill, or de∣stroy any Pheasants, or Partridges with any net, or other devices whatsoever in the night time, (except unwillingly by lowbelling or tramelling, who also shall then and there presently let them go again) shall forfeit for every Phea∣sant 20. s. and for every Partridge 10. s. to be payed within ten dayes after con∣viction, or in default thereof to be im∣prisoned for a month without bayle, and over and besides such forfeiture or imprisonment, to be bound with sureties for two years, not to offend so againe, 23. El. 10. & P. 2. & 5. & Just. 38. See who shall have forfeirures, Ibid. P, 3.

* 1.87 3. Whosoever shall shoot at, kill, or destroy with any Grinne or Bowe, any

Pheasant, Partridge, house Dove, or Pigeon, Herne, Mallard, Duck, Teale, Wigeon, Goose, Heath-cock, More∣game, or any such foule, or any Hare, or shall take, kill, or destroy any Phea∣sant, Partridge, house-Dove, or Pigeon∣with setting-Dogs, and Nets, or other Engines, or shall take the Egges of any Pheasant, Partridge, or Swans, or wil∣lingly destroy the same in the nests, or shall trace or course any Hare in the snow, or take any Hare with hare-pipes, * 1.88 cords, or any such Instruments or En∣gines, the same being confessed, or pro∣ved by two sufficient Witnesses upon oath before two or more Justices, shall be by them imprisoned for 3•• monthes without bayle, or forthwith pay to the use of the Poore there, 20. s. for every Foule, or Hare, and for every egge of Pheasant, Partridge, or Swan, so taken or destroyed, or after one month after his imprilonment become bound with two sufficient sureties in 20. l. a peece not to offend so again, 1 Iac. 17. and Poult. 6.

* 1.89 4. Whosoever shall take, kill, or de∣stroy any Pheasant, or Partridge, with seetting-dogge, net, or any other engine the same being confessed or proved by any sufficient witness upon oath before any two of the Justices of the Peace, shall be by them committed for three monthes without bayle, unless he forth∣with

pay to the use of the Poore there 20. s. for every Pheasant or Partridge and be bound in 20. l. not to offend so again, 7. Jac. 28. 5.

* 1.90 5. By the Stat. 7 Iac. 11. He that hath inheritance of 40. l. per ann. Free∣hold of 80 l. per annum, or is worth in goods, 400. l. and their meniall ser∣vants thereto authorised, may take Phea¦sants and Partridges in the day time onely upon their owne and Masters free Warran, Mannor, and Freehold, between Michaelmas and Christmas, 7 Iac. ii.

* 1.91 6. Whosoever shall sell, or buy to sel againe any Pheasant, Partridge, Hare or Deere nor brought up in the houses, or brought from beyond the Seas, shall forfeit for every Pheasant 40. s. for every Partridge 10. l. for every. Hare 10. s. and for every Deere 4. 〈…〉〈…〉s the one moyty thereof to the Infor∣mer, the other to the Poore, 1 Iac. 17. & P. 8.

* 1.92 See Hawkes, 1. & 7. Iac. 11.

* 1.93 See Hunters, 6. & 7. and Poult. 6.

Fish and Fish daies.

* 1.94 1. WHosoever shall take any Sal∣mons between the Feast of the Nativity of the blessed Virgin Mary and Saint Martin, in any Rivers or waters, or shall take young Salmons at any Mill poole, or any o∣ther place, between the midst of Aprill and Midsummer, or at any time cast in to any waters any nets by which the fry of any Fish may be taken or destroyed, shall for the first offence have his not burned, for the second be imprisoned three monthes, and for the third a whole year, 13 Edw. 1. 46. 13 R. 2. 19. & P. 1. & Just. 41.

* 1.952 . Whosoever shall with any Net, or other means whatsoever, take and kill any young brood, spawn, or fry of any fish in any floodgate pipe, or taile of any mill, weare, stream, or river, salt or fresh water, or shall take there any Salmons or Trouts out of Season; that is, being keepers or shedders, or shall take or kil any pickerell under 10. inches, or Trout * 1.96 under 8. inches, or Salmon under 16. in∣ches, or Barbel under 12. inches fish in length, or shall fish in any of the said places with any net, but such whereof every mesh shall be two inches and 〈◊〉〈◊〉 half broad, shal forfeit for every offence

20. s. the fish and nets (Angling and the taking of Smelts, Gudgeons, Eeles, &c. in places onely where they have been u∣sually taken excepted) 1 El. 27. & P. 34. & Just. 40.

* 1.97 This Statute doth not extend to any River where the King hath any yearly rent or profit, ibid. & P. 5.

* 1.98 3. Whosoever shall unlawfully ••re 〈◊〉〈◊〉 cut down, or destroy the head or dam of any pond, more, stew, or severall pir wherein fishes are put by the owner thereof, or shall wrongfully fish in any of the same, to the intent to take away the same against the owners will, shall pay to the party grieved treble damages suffer three months imprisonment, and then to be bound to the good behavi∣our with sureties for seven years, and the party grieved may take his further remedy for his loss and damages, and may release the suretiship of good abea∣ring, at any time within the 7. years, 〈◊〉〈◊〉 El. 21. & P. 7. & Just. 34.

Fish and the eating of Fish.

WHosoever shall by writing or open speech notifie, that the eating of Fish, or forbea∣ring of Flesh upon any dayes now usual observed as Fish-dayes, is of necessity for Salvation of Souls, &c. shall be im∣prisoned and punished as spreaders of false News, 5. El. 5. & 1. Iac. 25, & Poulton News 1. & 2.

* 1.99 See 5 Eliz 5. 35. Eliz. 7 & 1 Iacob. 20. & Poulton, 1. &c.

Force and forcible Entries

* 1.100 1. THere are three degrees of Force, viz.

• 1. Such as enter peaceably and then hold forcibly.
• ...

• 2. Such as enter with force, and then hold peaceably.
• 3. Such as both enter forcibly, and hold forcibly.

* 1.101 2. Whosoever maketh entry into any Lands and Tenements forcibly, and with strong hand, and multitude of people, and hereof shall be lawfully convicted, shal be imprisonned and fi∣ned at the Kings pleasure, 5 Ric. 2. 5. & P. 1.

* 1.102 3. Whosoever shall enter into any Lands or possessions with force, or en∣tring peaceably shal hold the same with force, shall be committed to the next Goale, there to remain untill they have payed a fine to the King, And whether the parties which made such Entries be present or gone at the comming of the Justice, he shal in some good towne, or convenient place near where such force was made enquiry by a sufficient Iury of the same County, City, &c. of them which made such forcible entries, and if it be found that entry was made contrary to the Statute, he shall re∣seize the said Lands or Tenements so entred upon, and thereof, put the party in possession which was in such sort put out 15 Ric. 2. 2. 8 Hen. 6. 9 & P. 2. & Iust. 8. 9.

* 1.103 None shall be endamaged hereby, which have continued three years pos∣session, 8 H. 6. 9. Nor any restitution

upon any Indictment, 31 El. 11. & P. 4

* 1.104 4. If the Sheriffe or any other of the County, shall not attend to assist the Justice, and to arrest such offenders, he or they so offending shal be imprisoned and pay a fine to the King, 15. R. 2. 2. & P. 5.

The Justices charges in the execution of these Statutes, are to be born by the party grieved, Ibid. & P. 2.

Forestallers, Regrators and Ingrossers.

* 1.105 1. A Forestaller is he that buyeth, or causeth to be bought, or maketh contract or promise for the having, or buying any victuals or wares comming by land or water to∣wards any Faire or Market to be sold, before the same shall be in the Faire or Market, &c. Or that by any means ma∣keth motion to any person for inhaun∣cing the price of the same, or that doth disswade, move, or stir any person come∣ing to the Martket or Faire to forbeare to bring any of the same to any Faire

or Market to be sold, 5. Edw. 6. 14. & P. 1.

* 1.106 2. A Regrator is hee that regrateth or getteth into his possession in any Faire or Market any Corn, Wine, Fish, Butter, Cheese, Candles, Tallow, Sheepe, Lambes, Calves, Swine, Pigs, Geese, Capons, Hennes, Chickens, Pi∣geons, Comes, or other dead victuall whatsoever, brought to any Faire or Market to be sold, and selleth the same again in any Faire or Market there, or within four miles thereof, 5. Ed. 6. 14. & P. 2.

* 1.107 3. An Ingrosser is he that ingrosseth or getteth into his hands by buying, contract, promise, taking other then by demise, lease, or grant of land of tythe, any Corn growing in the field, or other Corn or Grain, Butter, Cheese, Fish, or other dead victual within England, to the intent to sell the same againe. (But such as do buy Barley or Oates * 1.108 without Forestalling, and turn the same into Malt or Oatmeale, and sell it a∣gain, and such Victuallers of all sorts as buy Victuall without Forestallings and sell it by retaile againe, and Badgers and Drovers being lawfully licensed, and not abusing their licen∣ses, are excepted.) So be all buyers of Wines, Oyles, Spices, and other For∣reign victual brought from beyond the sea 〈…〉〈…〉ther, except Fish and Salt on¦ly,

5. Edw. 6. 14. 5. Eliz 12, 13. El. 25, & P. 5. & 6.

* 1.109 4. Whosoever shal be duly convicted or Forestalling, Regrating, or Ingros∣sing unlawfully within two years after the offences, shall for the first offence lose the goods or the value of them, and be two monthes imprisoned with∣out bayle, and for the second offence lose double the value of the goods, and be imprisoned six monthes without bayle; and for the third, offence lose and forfeit all his Goods and Cattle, stand on the Pillory, and be imprisoned at the Kings pleasure, 5 Ed 6. 14 & P. 4. & Iust. 3 i.

* 1.110 5. Whosoever shall buy any Oxen, Runts, Steers, Kine, Calves, Sheep, Lambs, Goates, or Kids, living, and sell them again alive, except he keep and feed them five weeks, shall forfeit the double value of them, 5 Ed. 6. 14. and P. Cattles.

* 1.111 6. Whosoever shall forestall any Hides or buy any out of open Market or Faire, unless of such as killed beasts for their own provision, shall lose for every hide vj. s. viij. d. 1 Iac. 22. & P. Leather 7.

* 1.112 7. Regrating of Barks. See Bark.

* 1.113 8. Regrating of Wool. See P. Iust. 98. & Wool.

* 1.114 9. Ingrossing of tanned Leather:

See 5 Edw. 6. & 15. & Poulton Leather 53.

Forging of Deeds.

WHosoever being once convicted or condemned of any of the of∣fences prohibited by the Stat. of 5 Eliz. against the forging of eviden∣ces and Writings, and shall eftsoons commit the like again, shall be adjud∣ged a Felon, and not have his Clergy, 5. El. 14. & Poult. 4.

A Servant taken with a forged Te∣stimonial, shall be whipped as a Vaga∣bond; See Labourers.

Forging Tokens or Letters, See Counterfeiters.

Goldsmith and Gilding.

1. IF any Goldsmith, or worker of Silver, shall work any Silver that is not 〈…〉〈…〉e in allay as the Sterling, or shall not set his Mark upon his wo〈…〉〈…〉 before he set it to sale, he shall forfeite the double value, 2 H 6. 14. & P. 6.

2. If any Gilder shall offend against the Stat. 8. Hen. 5. concerning the gil∣ding of mettal and other things, he shal forfeit ten times the value of the thing gilt, and be imprisoned a year, 8. H. 5. 3. and P. 7. and Just 48.

Good behaviour.

* 1.115 SUreties of the Good behaviour i chiefly granted against common Barrators, common quarrellers, and common Breakers and perturbers of the peace, and also against Ryoters, against such as lye in waite to Rob, Maim, or Kill, or shall assault any, against such as are suspected to be Robbers upon the

highwaies, against such as are like to commit Murther, or other grievances to the kings people; and also against such as be of an evil name and fame ge∣nerally, or in the place where they re∣main. 2 Ed. 3. 6. 34 Ed. 3. 1. & P. Just. 18. & Dalt. fol. 16.

Also against him that is suspected to have got en a Bastard, Lamb. 122. Also against Evesdroppers; also against night walkers, and such as shall sleep in the day, and go abroad in the night, or use suspicious persons company, or shall commit outrages, &c.

Guns and Crosbowes,

* 1.116 1. VVHosoever shall shoot in, or keep any Gun, Dag, Pis∣tol, Crosbow, or Stonebow, or shall carry in his journey any Gun, Dag, or Pistol charged, or Bow bent, but in time of war, or to or from Mus∣ters, except he have in his owne or wives right〈…〉〈…〉. 〈◊〉〈◊〉. per annum in Lands, Tenements, Fees, Annuities, or Offi∣ces, shall forfeit for every offence ten pound to the King and Informer.

33. Hen. 8. 6. & Poulton 1. & 3.

* 1.117 2. Whosoever shal shoot in, carry keep, use, or hand any Gun, but such as in stock and gunne shal be a yard long; or in any Hagge, Demihake, Dag; or Pistol, not being three quar∣ters of a yard long, shall forfeite for every offence, 10. l. 33 Hen. 8. 6. & Poult. 2.

And every person having 100. l. per annum, may seize and take away any that is shorter, but must breake 〈◊〉〈◊〉 within twenty dayes after, under penal∣ty of 40. s. He may also take away every Crosbow from any not having Lands, &c. as aforesaid, and keep it to his own use, Ibid.* 1.118

* 1.119 3. Whosoever shal shoot in any gun, &c. neer to a Market town, except for defence of his person or house, or at a But or Bank of earth in a place con∣venient, shal forfeite for every shoot ten pound to the King and Informer, 33 H. 8. 6.

And if any person under the degree of a Lord of the Parliament, shal shoot in a Hand-gunne in a City or Towne at any mark upon a Church, House, or Dove Coat, shall forfeite ten pound, and be imprisoned for three monthes, 2. Edw. 6. 14. & Poul∣ton 4.* 1.120

4. If a Master command his Ser∣vant to shoot otherwise then is afore∣said,

he shal forfeit ten pound.

* 1.121 The King must commence his suite within a year after, and every other per∣son within a year after the offence was committed, for any penalty or forfei∣ture given them by the Stat. 33 H. 8. 6. & P. 5.

* 1.122 5. Every man may arrest an offen∣der against this Statute, and carry him before the next Iustice, and such bring∣er shal have halfe the forfeiture, 33 H. 8. 6. & Poult. 6. & Just. 45.

* 1.123 6. Whosoever shall shoot haile shot, ••or more pellets than one at one time, unless he be thereto licensed, shal for∣feit ten pound, and be three monthes imprisoned, 〈◊〉〈◊〉 Ed. 6. 14. & P. 10,

* 1.124 See 33 Hen. 8. 6. and P. ••7.

* 1.125See Pheasants.

* 1.126Such as are licensed to keep hawkes meat, may not shoot at other Fowle than are mentioned in their Licenses, nor otherwise, nor elsewhere than is allowed by the Stat, 1 Jac. 27. and

if it be not contained in their said Li∣censes at what Fowls they shall shoot, or if any of them so licensed, shal not 〈◊〉〈◊〉 bound 〈◊〉〈◊〉 twenty pound not to shoot 〈◊〉〈◊〉 any other Fowle, then the said Licens∣er Pl••c••••d to be void, 〈◊〉〈◊〉 Iac. 27. 33 H. 〈…〉〈…〉 6. & P. 9. & Pheasants 〈◊〉〈◊〉. & Just. 38.

Hawks and Hawking.

* 1.127 1. WHosoever shall hawk at, de∣stroy or kill any Pheasants Partridg with hawk or do•• by colour of hawking, between the fi〈…〉〈…〉 of July, and the last of August, and 〈◊〉〈◊〉 same be proved by the parties conses∣sion, or by two sufficient witnesses upon oath before two or more Justices of the peace within six months after the of∣fence committed, shall be imprisoned for a month without bayle, unlesse he forthwith pay to the use of the poore there 40. s. for every such hawking at Pheasant or Partridg, and 〈◊〉〈◊〉. s. for eve∣ry Pheasant or Partridg〈…〉〈…〉 ••ac ii.

* 1.128 2. VVhosoever shall hawk, or with Spannels hunt where any eared or cod∣ded

Corn shal be standing and not shocked or copped, shall forfeit to the owner of the same Corn 40. s. 33 El. i0. & P. Pheasants 4.

* 1.129 3. VVhosoever shal unlawfully take away any hawk, or the egges of any hawke out of the woods or grounds of any other person, shal pay to the party grieved treble damages, suffer three months imprisonment, and be bound with sufficient sureties to the good be∣haviour for seven years after, or else to remain still in prison, and the party grieved may take his further remedy for his loss and damages, and may release the good behaviour before the seven years be expired, 5 Eliz. zi. & P. i. & 3. Just. 34. & ii. H. 7. i7.

* 1.130 4. VVhosoever shall take any Ei••er, Falkon, Goshawk, Laner, or Lanaret, or purposely drive them out of their co∣verts or kil them, shal for feit ten pound to king and informer.

* 1.131 And whosoever shal bear any Hawk of the breed of England called a Nes∣se-Goshawk, Tassel-Lanner, or Lanna∣ret, shal forfeit the same to the king, ii H. 7. i7. & P. 4, 5. & Just. 39.

* 1.132 5. VVhosoever shal finde a hawke that was lost, and shal not forthwith bring her to the Sheriffe of the County

to be proclaimed, but doth steale it or carry it away, or conceale it, hee shall be used as a Felon for stealing 〈◊〉〈◊〉 Horse, 34 Edw. 3. 22. 37 Edw. 3. 1•• & P. 2.

Herons.

* 1.133 WHosoever shall take any Heron (out of his own ground) by craft or engine, except it be by haw∣king or long Bow, shall forfeit for eve∣ry heron six shillings eight pence: and whosoever shall take young Herons out of the nest without license of the owner of the ground, shall forfeit for every Heron 10. s. to the King and In∣former, 19 H. 7. 11. and P. 1. and Just. 35.

* 1.134 See Pheasants.

Highwayes.

* 1.135 1. IF the Constables and Churchwar∣dens of any Parish, shall not year∣ly in Easter week chuse Survey∣ors for mending the Highwayes, and appoint six dayes for that purpose, accor∣ding to the Statute, they shall be fined. 〈◊〉〈◊〉, & 3. P. & M. 8. 29 Eliz. 5. & P. 〈◊〉〈◊〉, 2.

* 1.136 2. If any Surveyor refuse to take upon him the Execution of the said Office, he shall forfeit twenty shillings, Ibid.

* 1.137 2. If any person having a Plow-land in Tillage, or pasture, keeping a draught or plough, and shall not finde one waine or Cart furnished to worke eight hours every of the said dayes, he shall forfeite for every of the said draughts making default, ten shillings, Ibid.

* 1.138 A Plow-land is so much as one can plow in a year, Dalt. fol. 53. &c.

* 1.139 3. If any of the carriages of the pa∣rish shall not be thought needful by the Surveyors to be occupied upon any of the said dayes, then such person as should have sent carriage shal send for every such carriage so spared, two able men to labour for that day, upon paine to forfeit for every man not sent 12. d.

2. & 3. P. & M. 8. 5 Eliz. i3. 29 Ed. 〈◊〉〈◊〉 & P. 3. * 1.140

4. If any housholder, Cottager, or Labourer having no Plough or draught shall not by himself or some other, work eight hours of the said six dayes 〈◊〉〈◊〉 the highwayes, he shal forfeit for every default it. 〈◊〉〈◊〉. Ibid. & P. 4.

5. Surveyors may by their discretion take other mens rubbish, stones, and gravel upon their grounds for amending the highwaies, but must stop the pits a∣gain within one month after such dig∣ing, upon pain to forfeit to the ow〈…〉〈…〉 5. Marks, 5 El. i3. 29. El 5. & P. 5.

6. Surveyors may also turn a wat•••• course being noysome to the highwayes into any mans ground adjoyning, Ibid. & P. 6.

7. If the hayes, fences, dikes, or hedges neer adjoyning to any highway, shall not be diked; scoured, repaired, and kept low, and all trees and bushes growing in the same cut down, the owners shall pay for every default ten shillings, 5 El. i3. i8. El. i0. & P. 7.

8. If any Surveyor shall not within one month next after any offence don•• against the meaning of these Statutes present the said offence to the next Ju∣stice of peace, he shal forfeit for every

offence not presented 40. s. And the same Justice not certifying it at the next Ses∣sions, 5 El. 13. 29 El. 5. & P. 8.

9. If any offender shall obstinately refuse to pay his forfeitures &c. within 〈◊〉〈◊〉. dayes after lawfull demand, he shal forfeit double the sum he should have payed, Ibid. & P. 9.

10. If any person being assessed in Subsidue to 5. l. in goods, or 40s. in lands, ••hal not find two able men to yearly 〈◊〉〈◊〉 labour in the highwayes, he shal be 〈◊〉〈◊〉, i8. El. i0. & P. i2.

11. VVhosoever shall occupy a plow-land in tillage or pasture lying in seve∣ral parishes, shall be chargeable to the making of the wayes in the parish where 〈◊〉〈◊〉 dwelleth, i8 El. i0. & P. i3.

12. VVhosoever shall keep in his hands several ploughlands in severall parishes, shal be charged with the repai∣ring of the highwayes within the seve∣ral parishes where the said lands lie, 〈◊〉〈◊〉. El. i0. & P. i4.

13. Every person that shall occupy any Lands adjoyning to and highways where any ditching or scouring ought to be, shal ditch and scour in his ground whereby to conveigh the water out of the highway, upon pai•• to forfeite for

every rod not so done 12. d. 12 Eliz. 〈◊〉〈◊〉▪ & P. 15.

* 1.141 14. Whosoever shall occupy any la〈…〉〈…〉 adjoyning to any highway leading 〈…〉〈…〉 any Market town, and shall cast or l〈…〉〈…〉 the scouring of any ditch into the hig〈…〉〈…〉∣way, and shall suffer it to lye there 〈◊〉〈◊〉 the space of six monthes to the anno〈…〉〈…〉∣ance of the highway, shall forfeite 〈◊〉〈◊〉 every load 12. d. 18. Eliz. 10. & P〈…〉〈…〉 16.

* 1.142 Where any soyle hath been so 〈◊〉〈◊〉 into the highway, that there is a B〈…〉〈…〉 betweeen the said Highway and the Ditch, the Surveyors and workm〈…〉〈…〉 may make Sluces to convey the wa〈…〉〈…〉 into the ditch, Ibid.

* 1.143 See 2. & 3. Pl. & M. 8. 18. El. 〈…〉〈…〉 P. i0, ii. & i7.

15. If any Lord of the soyle shal n〈…〉〈…〉 enlarge, the highwayes from Market 〈…〉〈…〉 Market, so that no dike bush, or Tr〈…〉〈…〉 (except great) be within two hundr〈…〉〈…〉 foot of each side thereof, for the bett〈…〉〈…〉 preventing of Roberies and Murthe〈…〉〈…〉 he shall answer for any Felony d〈…〉〈…〉 therein, and for Murther shall be fined at the kings pleasure, Stat. Winche〈…〉〈…〉 13 Ed. 1. 5. and P. 18.

* 1.144 18. A remedy where it is not know〈…〉〈…〉

〈…〉〈…〉ho ought to make or repair Bridges. 〈◊〉〈◊〉 H. 8. 8. 5. 1. 2. & 3. 4. & 5. and 〈◊〉〈◊〉▪ 70.

* 1.145 If a man of his owne accord shall ••ake or mend a Bridge, this shall no ••nde him at any other time; yet if he ••nd his ancestors, or any Corporation, 〈…〉〈…〉ave done it time out of mind, although 〈…〉〈…〉ot of right, yet such continuance shall 〈…〉〈…〉nd them and their heirs or successors 〈…〉〈…〉id Dalt. ••ol. 34.

* 1.146 If a man make a Bridge for ••asement 〈…〉〈…〉 his Mill, and that decayeth, the party or any other shall be charged to repair 〈…〉〈…〉is, for it is no common passage, Dalt. 〈…〉〈…〉l. 34.

* 1.147 Such as are chargeable to repaire 〈…〉〈…〉ridges, may enter upon any other 〈…〉〈…〉ans Land or soyle adjoyning, and 〈…〉〈…〉ay lay their stone, time, timber, or 〈…〉〈…〉ther necessaries for the repairing ther∣〈…〉〈…〉f, and the owner of the lands shal have ••o action against them therefore, be∣〈…〉〈…〉use it is for the common good, Dalt. 〈…〉〈…〉l. 34.

Horses.

THe Justices of peace in their 〈◊〉〈◊〉∣ter lessions may enquire of, h〈…〉〈…〉 and determine all defaults 〈…〉〈…〉 offences done contrary to the Sta〈…〉〈…〉 3•• H. 8. i3. & 33 H. 8 5. concorning 〈◊〉〈◊〉 keeping and breeding of Horses, see 〈…〉〈…〉 3, 4, 5, 6, 7, 8, 9, 10, ii, 12. & Just. 47, 〈…〉〈…〉

* 1.148 Horse 〈…〉〈…〉al••••s, nor their accessa〈…〉〈…〉 before nor after shal not have their c〈…〉〈…〉 〈…〉〈…〉, 〈◊〉〈◊〉 Ed. 〈◊〉〈◊〉 33. 3•• El. 〈…〉〈…〉. & P. Cle〈…〉〈…〉

Concerning stealing 〈…〉〈…〉 Horses See faires &c.

Huy and Cry:

* 1.149 1. ALL Huy and Cry ought to be made from town to town, a〈…〉〈…〉 from countrey to countrey, an•• by horsemen and footmen, otherwise 〈…〉〈…〉

is no lawfull pursuit, 27. El. i3. & p. i. 9.

2. VVhosoever shal raise Huy and Cry without cause, or being raised upon good cause, shal refuse to pursue and ar∣rest Felons, or such as have dangerously hurt any man, shall be fined at the Kings pleasure. 3. Ed. i. 9. & P. i.

2. Huy and Cry shall be levied against him that will not obey the VVatch in the night.

VVhat the party robbed ought to do which will take any benefit by vertue of the Stat. of Huy and Cry, 27 El. i3. & P. 8. i0.

Hunters and Hunting.

* 1.150 1. VVHosoever shal in the night unlawfully enter, &c. and hunt, take, or kil any Conies shall suffer three monthes imprison∣ment, pay to the party grieved treble damage and cost, and be bound with sureties to be of good behaviour seven years after, 3 Iac. 13. & P. Forrests 9. ii.

2. VVhosoever shall by night or day unlawfully enter into any Parke impa∣led, or other severall grounds inclosed

for the keeping of Deer, and there un∣lawfull hunt, drive, or chase out, or take, kill, or slay any Deer against the will of the owner or occupier of the same, shall suffer three monthes impri∣sonment, pay to the party grieved ten pound, or treble damages and costs at his election. 7 Iac. 13.

* 1.151 Quaere if he shall not be also bound to the good behaviour for seven years after, according to the Stat. 3 Iac. i3.

* 1.152 3. To hunt in the night in any For∣rest, Park, or VVarren, with Vizors, or other disguisements, and to conceal the same, or any offender upon exami∣nation before a Iustice of the Peace, or to disobey any arrest for such hunting, or to make rescues thereupon, is Fe∣lony; but to confesse the truth is against the King; but trespasse fynable by the Iustices at the next Sessions; * 1.153 1 Hen. 7. 7. & Poult. 4. & Iust. 16.

〈◊〉〈◊〉. VVhosoever committeth trespass in Parks, shall make great amends to the party, be three years imprisoned, and bound with sureties not to comm•••• the like offence, * 1.154and be also fined at the Kings pleasure, VVestin. i. 3. Ed. i. 22. & P. Forrests. 3.

* 1.155 3. VVhosoever having no Park, &c shall keep, or cause to be kept any D〈…〉〈…〉 Hayes, or Bustalls, shall forfeite for every month, tenne pound to any that

will sue for it by action of debt, &c.

The like penalty for every time for any that shall stalke, or cause others to stalke with bushes or beasts at any Deer without the license of the owner. i9. Hen. 7. 1i. & Poulton 2, & 3. & Iust. 35.

* 1.156 6. VVhosoever shall have or keep any grayhound for coursing of Deer or Hare, or setting Dogge or Net to take Pheasants or Partridges, unless he have inheritance of ten pound per annum, Freehold of three pound per annum, or is worth in goods two hundred pound, or be the sonne of a Knight, &c. or son and heire of an Esquire, &c. shall be three monthes imprisoned, unlesse he sorthwith pay to the use of the poor there 40. s. i Iac. 27. and P. Phea∣sants, 7.

* 1.157If any Artifycer, Labourer, or o∣ther Layman not having Lands or Te∣nements of 40. s. pe annum, or any Spirituall person, not having Living worth i0. l. per annum, shall have or keep any Grayhound, Hound, or other, Dog to hunt, or shall use Ferrets, Hays, Nets, Harepipes, Cords, or other engines to take or destroy Deer, Hares, Conies, or other Gentlemens Games, he shall be imprisoned by the space of a yeare, i3. R. 2. i3. & P. 1. and Iust. 36. And if any person not having Lands, * 1.158 &c. of the cleare yearly value o•• 40. l.

or not worth in goods 200. l. shal shoot with gun or bow at Deer, or Conies or shal keep any buckstals or engins, hayes, gate-nets, purse-nets, ferrets, or conie∣dogs (except Keepers, VVarrenners, and owners of Parks, and can make 40. s. per annum of the increase of Conies) every man having i00. l. per annum, may seize and take, and keep to his own use for e∣ver, such Guns, Bows, buckstalls, &c. 3. Iac. i3. & P. F orests i0.

* 1.159 See Pheasants, 6.

* 1.160 See Pheasants, 3.

See Hawking in Corn, 2.

Husbandry and Tillage,

SEE 39 El. i & 2 P. i, &c. & Iustice 44.

VVhosoever shall offend against the said Statute, shall forfeit 20. s. for eve∣ry Acre of land converted from Pasture to tillage, whereof one third part to the Kings owne use, one other third

part to the King, for relief of the poore of the Parish, and one other third part to any that will sue for it; 39 El. 2. & P. 24.

* 1.161 Note, that no offender shall be im∣peached or sued by vertue of this Act, unless such suit be commenced within two yeers after the offence done, ibid. & P. 26.

Indictments, and Pre∣sentments.

1. ALL Indictments and Present∣ments ought to containe cer∣tainty, and therfore most com∣monly five principal things be requisite in Presentments before the Iustices of the Peace.

1. The Name, Sirname, addition of the party indicted.

2. The yeer, 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 things in which the offence was committed.

5. The manner of the fact, & the nature of the offence, as the manner of the Treason, Murder, Felony, Trespass, vid. Iam. fol. 487.

VVhat words not necessary in Indict∣ments, See 37. H. 8. 8. & P. i.

Process against Inditers in another County, 5 Ed. 3. 14. & P. 5.

Indictments of persons dwelling in forreign Counties, 8, H. 6. 10. & P. 3. Process upon Indictment of Felony, See 25. Ed. 3. 14. & p. 5.

VVhere Iustices of the Peace may charge one Enquest to Indict another, 3 H. 7. 1. & P. Iurors 9. & Iust. 45.

By what persons and by whom im∣pannelled all Indictments shall be made, P. Iurors 7.

Indictments taken before Sheriffes in their Turns shall be delivered to the Iustices of peace of the same Shire, un∣der the pain of ••0. l. 1 Ed. 4. 2. & P. Sheriffs 12.

Iustices of peace may award process against them that be indicted in the Turn, ibid. & p. 13.

Informer.

IF any Informer or Promoter shall compound or agree with any person for any offence against any penall Law, without the order or consent of some of the courts at VVestm. or shal willingly delay or discontinue his suit once commenced, he shal lose 10. l. and stand on the Pillory two hours, 18. El. 3. 5. & 27. El. 10. & P. Action popular.

Inholders,

1 NO Inholder, dwelling in any Market Town wherein is a common Baker that hath been Apprentice three seven years, shal with∣in his own house make any horse-bread, nor dwelling in any other through-faire shall make it insufficiently, and not of due Assize, upon paine to for∣feit the treble value, 13. R. 2. 8. 32. H. 8. 41. & P. 2. & Iust. 50.

No Inholder or Hostler shall take any thing for Litture, nor excessively for Hay, nor above a halfe penny in a bushell for Oates above the common price in the Market, upon pain to for∣feit the quadruple value of that, which he shall take more, 13. R. 2. 8. 4 H. 4. 25. & P. 1. and Iust. 50.

Inholder keeping misorder, see Ale-houses 1. &c.

Intolements

ALL Deeds to be inrolled must be inrolled within six month after

the date reckoning 28. days to every moneth, and must be indented Revera. And if it have no date, then within the six monthes after the delivery, and if it be inrolled the last day of the six monthes it is good, and any one Iustice of the Peace may joyn with the Clerk of the peace, in taking the inrolement of an Indenture of bargaine and sale of Lands, &c. lying in the County where he is Iustice, 27 H. 8. 16. & P. 1.

Jurors, Juries and Enquests

* 1.162 1. IF any Iuror in an enquest shal take any thing to make his present∣ment favourable, he shall forfeit decies tantum, & 〈◊〉〈◊〉 he have not so much, he shall be one yeare imprisoned, 34 Ed. 3. 8. 38 Ed. 3. 12. & P. 4.

* 1.163 2. If a Iuror be returned without an addition by which he may be known, the party that returned him shall lose 5. Marks to the King, and as much to the party grieved.

* 1.164 The like penalty for gathering issues when they are not due, 27. El. & P. 33. 3••.

See more concerning Iurors, P. 1. 8. &c

3. Iurors to enquire of forcible en∣try, * 1.165 ought to have Lands or Tene∣ments of the clear yearly value of 40. s. 8 H. 6. 9. & P. 12.

4. Iurors returned to enquire of a Riot, Rour, or unlawfull Assembly, must have Lands in that County of 20. s. per annum, of Freehold, or 26. s. 8. d. of Coppyhould, ultra reprisas upon every of which, the Sheriff ought to re∣turn 20. s. in Issues for the fyrst day, and 40. s. at the second day, 19. H. 7. 13. & P. Riots 14.

* 1.166 But if it be upon a Commission, then the Iurors ought to have 10. l. per annum at least, ibid m. & P 6.

Labourers:

* 1.167 1. IF any Clothier, Taylor, Shoo∣maker, Tanner, Ba••er, Miller, &c. shall retain any servant to work in his Science or Art for less than a year, the Retainer shal be void, 5 El. 4. & P. 1.

* 1.168 2. VVho are compellable to work in Handy-crafts and Husbandry. ibid. & P. 2. 3.

3. VVho are compellable to work in Harvest, P. 13.

4. If any person shall give any wa∣ges * 1.169 contrary to the rates of wages, of servants and Labourers appointed, and proclaimed, he shall be imprisoned i0. dayes without bayle, and forfeit 5. l. and every person taking such wages and being thereof convicted, shall be imprisoned 2i. dayes without bayle, 5 El. 4. & P. 4.

How the wages shall be rated, See P. Iust. 66.

* 1.170 5. If any person shall put away his servant before the end of the terme without a reasonable cause allowed by a Iustice of the Peace, or at the end of his term without a quarters warning before given, he shall forfeit 40. l. 5. El. 4. & P. 5.

* 1.171 And if any servant shall depart with∣out such cause before the end of his term, or at the end thereof, without such warning given before two lawfull witnesses, he shall be imprisoned with∣out bayle, till he be bound to the party to serve and continue with him, ibidem & P. 6.

* 1.172 6. If any person retained in husban∣dry, or other the Arts, before mentio∣ned, shall after his retaine expired, de∣part out of one Country, City, Town, or Parish, to another without a Testi∣monial declaring his lawful departure, he shall be imprisoned till he procure such Testimoniall, which if he cannot

do within 2i. dayes after the fyrst day of his imprisonment, then he shal be whipped, and used as a Vaggabond ibi∣dem, & P. 7.

* 1.173 And every person which shal retain any such servant without shewing such Testimoniall, shall forfeit for every such oftence, 5. l. 5 El. 4. & P 8.

And if any such persons shall be ta∣ken with a counterfeit or forged Testi∣moniall, he shal be whipped as a Vag∣gabod, P. 8.

7. How long workmen shall conti∣nue at their Labour, 5. El. 4. & P. 9.

* 1.174 8. If any shall undertake work by the great, and shall unlawfully depart before it be fynished, he shall forfeite 5. l. to the party from whom he shall so depart, and be Imprisoned a month, 5. El. 4. P. &. i0.

9. If any Servant, VVorkman, or La∣bourer, wilfully, and maliciously make any assault or 〈…〉〈…〉ray upon his Master or Dame, or other person, having the Charge of such workers or work, hee shall suffer one years imprisonment, or less, at the discretion of the Iustices, and such further punishment as they shall think fit, not extending to life or limb. 5. Ric. 2. & P. i2.

* 1.175 10. VVomen of the age of i2. yeares and under 40. and unmaried, may be compelled to serve, 5 Eliz. 4. and P. i4.

11. Servants of the age of 18. yeares, and not being an Apprentice, going a∣way * 1.176 with, or converting to his owne use any Money, Iewels, Plate, Good, or Chattels of his Masters or Mistris, and of his or her delivery to keep, of the value of 40. s. to the intent to steale the same, is Felony, 21 H. 8. 7. 5. El. i0. & P. Stealing 1.

Labourers Servants, and Apprentices.

* 1.177 12. VVhosoever shal take an Appren∣tice contrary to the Law, shall forfeit for every Apprentice 10. l. 5 El. 4. & Poulton 2. 6.

* 1.178 13. VVhosoever shall exercise any art or manuall occupation used, 5 El. not being brought up therein, as an Ap∣prentice seaven years, or shall let any to work in it, which is not a workman, or Iourney-man by the year, or hath served as an Apprentice 7. years, shall forfeit for every month 40. s. 5 El. 4. & P. 20. * 1.179

14. If any disagreement shall be be∣tween a Master and his Apprentice, which cannot be reconciled by a Iustice

of the peace, &c. for want of con∣formity in the said Master: then the said Iustice shall take bond of the Master to appear at the next Sessions, and upon his appearance and hearing of the mat∣ter, the Iustices there, or four of them at the least, where of one to be of the quo∣rum, may discharge the said Apprentice by writing uuder their hands and seals, or punish him, as by their discretions shal be thought meet, 5. El. 4. & P. 25.

* 1.180 An Apprentice cannot be discharged, unless by writing.

How and by whom any money given to any Town, for binding out Appren∣tices, shall be imployed, see 〈◊〉〈◊〉 Iac. 3.

Servants departing into another shire, vide P. ••8.

* 1.181 Labourers or Workmen conspiring for the order of their work, see Artifi∣cers.

Larceny & petty Larceny.

* 1.182 WHosoever shall feloniously take the Goods of another exceeding the value of i2. d. removed from the body or person, it is Larceny, a〈…〉〈…〉 and punishable by death, except he be saved by his book.

* 1.183 But if the thing stolne be under the value of i2. d. it is petty Larceny, and not punishable by death, but he shall forfeit his goods and chattels.

Leather, Tanner, Currier.

SEE i Iac. 2. and P. 4.

* 1.184 A Tanner shall not use any other Trade, cutting or working Leather, simul & semul upon paine to forfeit the hides and skins, i Iac. 22. Poulton 5.

* 1.185 See i Iac. 22. & P. 9.

3. VTho may buy rough hides or Calves skins, or tanned Leather not wrought, ibidem & P. 6. & 8.

4. If a Tanner shall raise his hides, with any mixtures contrary to the Sta∣tute, he shal forfeit the same hides i Iac. & P. i0.

5. VVhosoever shall put to sale, or depart with any untanned Leather red and unwrought, but in open Faire or Market in the place thereof prepared, unlesse it hath been fyrst lawfully searched, and sealed according to the Stat. or shall offer to put to sale any Leather before it be searched and sea∣led according to the Stat. shall forfeit for every Hide or peece of Leather 6. s. 8. d. and for every dozen of Calves skins or sheep skins 3. s. 4. d. and the Hides or Skins, or the the value of them, i Iac. 22. & P. ii.

6. Shall be forfeited ibid and Poul∣ton.

7. VVhosoever shall set his Fats in Tanne-hills or other places where the woozes or leather put therein shall or may take any unkind heare, or shall take and put any leather into any hot or warm woozes, shall forfeite for e∣very offence ten pound, & stand on the

pillory three Market days, ibid. & P. 13. and 45.

8. If any Currier shall curry any Leather, contrary to the Stat. 1 Iac. 22. or shal spoile or hurt anie Leather, by scalding, shaving, or gashing it, hee shall lose for each skin marred a No∣ble, * 1.186 (except gashing) and for gashing double so much as the Leather is im∣pared; 1 Iac. 22. & Poulton 17. & 45.

* 1.187 9. No Currier shall bee a Tanner, Cordwainer, Shoomaker, Butcher, or other Artificer, cutting Leather, simul & semel, upon paine to forfeit three shil∣lings eight pence for every skin, 1 I••••. 22. and P. 20.

* 1.188 10. If a Currier shall refuse to curry within eight dayes in Summer, and six∣teeen in winter, any Leather brought to him by any cutter of Leather, or his Servant, bringing with him good scull for liquoring the same, hee shall forfeit for every hide 10 s. 1 Iac. 22. & Poul∣ton 21.

* 1.189 11. If a Lord of a Fair or Market shall not yeerly appoint and sweare Searchers, Sealers, Triers of Leather, according to the Stat. hee shall forfeit for every default five pound, and if the persons so elected and appointed shall not forthwith do their duties, they shall also forfeit five pound for every default

1 Iac. 22. & P. 22. vide Poulton 26.

* 1.190 12. If any Searcher or Sealer of Lea∣ther, shall refuse with speed to seale good Leather, he shall forfeit for every offence 40. s. Or if he shall take any bribe, or exact any undue fees, he shall forfeit for every offence 20. pound, or if he shall refuse to execute the said of∣fice, * 1.191 he shal forfeit 10. l. 1 Iac. 22. & P. 31.

* 1.192 13. Whosoever shall deny or with∣stand any such Searchers, he shal for∣feit for every time, 5. l. ibid. and P. 36.

* 1.193 14. Whosoever shal put away any tanned Leather red and unwrought, without registring the same, and the price, shal forfeit the value of the Lea∣ther; 1 Iac. 22. & P. 36.

* 1.194 15. Whosoever shall buy any tanned Leather, before it be searched and sea∣led, or carry it out of any Market, or Fair, before it be registred, shall forfeit the Leather, or the value, 1 Iac. 22. & P. 37.

* 1.195 16. If any Shoomaker shall make a∣ny Boots, Shooes, &c. contrary to the Statute: Or shall shew, to the intent, to put to sale any Shooes, Boots, &c. upon the Sunday, shall forfeit for eve∣ry pair 3 s. 4 d. and the true value of the same, 1 Iac. 22. and P. 23.

See 1 Iac. 22 & P. 41, & 45. For∣feited Leather shall not be sold to him

that will sell it, ibid. & Poulton 42.

Liveries and Retainers.

IF any person by himself or other for him shall give any Livery of Signe or Company, or Badg, or retain any man other then his houshould, servant, Officer, or learned man in the Law, he shall lose 5. l. and the retained as much for every month that he is so retained, 8 Ed. 4. 2. & P. 5.

Mayme.

* 1.196 WHosoever shall mayme another of any Member, whereby he is less able to fyght, as by putting out his eye, striking off his hand, finger, or foot, beating out his fore-teeth, or breaking his scull, shall be grievously fyned, Lamb. 429.

Maintenance, Champerty. Embracery.

* 1.197 SEE Riots.

See P. forcible entry 6.

2. VVhosoever shal unlawsully main∣taine, or cause, or procure any unlawful Maintenance in any Action, Suit, De∣mand, or Complaint in any of the Kings Courts, &c. or shall unlawfully 〈…〉〈…〉eraine for Maintenance of any Suit or 〈…〉〈…〉lea, any person or persons, or im∣〈…〉〈…〉race any Freeholders or Iurors, or 〈…〉〈…〉born any witness by letters or other∣wise, for to maintaine any matter or cause, to the disturbance or hindrance of Iustice, or to the procurement or occasion of any manner of perjury by false verdict, &c. shall forfeit for every offence 10. s. 32. H. 8. 9. & P. 4.

* 1.198 But note that the Suite must then be Commenced within a yeare after the offence.

* 1.199 3. Champertor is he which moveth 〈…〉〈…〉pleas and suits, or causeth or procureth them to be moved at his own Costs, to the end to have part of the Land, or o∣ther

thin in variance, and he that thereof attainted, shall bee three yee imprisoned, and further punished at the Kings pleasure, 33 Ed. 1. & P. 5.

* 1.200 4. Embracer is he which cometh•• the Bar with the party, and speak〈…〉〈…〉 in the matter, and is there to sur〈…〉〈…〉 the Jury. P. And he shall be punish〈…〉〈…〉 as a Juror, which taketh reward to g〈…〉〈…〉 his verdict.

See Jurors, and P. Jurors, 56.

Man-Slaughter, & Murder

Manslaughter may be By Chance∣medley, or by misadventure.

* 1.201Chancemedley, is when men m〈…〉〈…〉 by meer Chance, and upon some un∣looked for occasion, without any for∣mer malice, and one of them is slaine Se Defendendo is when one killeth ano∣ther in the necessity of his owne de∣fence, * 1.202 and cannot otherwise escape with his life from him. But then hee must fly so far as he may, and till he b〈…〉〈…〉 letten by some wall, hedge, ditch, pre〈…〉〈…〉 of people, or other impediment, wh〈…〉〈…〉

notwithstanding shall bee committed till the time of his tryal, and shall lose his goods, and seek his pardon.

* 1.203 Note the case of Darnel and Brouser, at Hertford Assizes, 1619.

Misadventure is when a man is doing of a lawful act without evil intent, and another man is slaine unawares there∣by: As if a Labourer do work with an Ax, and in fetching of his blow, the head of the Ax flyeth off, and killeth one standing by, &c.

* 1.204 Note, that hee which is acquitted of Murther, or Manslaughter at the Kings suit, must be remitted to prison, or let to mainprize, till the yeer and day be passed, and the party grieved may in the mean time commence his Appeale, 3 H. 7. 1. & P. 4.

* 1.205 Murder shall bee intended of them which bee feloniously slaine, and not where an act is done by misfortune. Marlb. 52 H. 3. 26 & P. 6.

* 1.206 Whosoever shall commit any wilfull murder, or wilful poysoning of malice prepensed, shall suffer death, and not have Clergie, 1 Ed. 6. 12. & P. 5.

In case of poysoning, the party must dye thereof within a yeer and a day af∣ter, Dolton 213.

* 1.207 Whosoever shall stab or thrust ano∣ther that hath not then any weapon drawne, nor first strucken, the party so stabbing, or thrusting, so as the party

stabbed or thrust do die there of within six months after, shall suffer death, and not have Clergy, i Iac. 8, and P. 7.

Malt.

* 1.208 HOw long Malt ought to be in the Fat-floore, steeping and drying, And whosoever shall do conrrary thereto, and be thereof convivcted by the presentment of i2. men, or two sufficient witnesses, shall forfeit for e∣very quarter 2. s. 2 Ed. 6. i0. & P. i.

Such as mingle good Malt with bad to sell, shall forfe it to the King and In. for every quarter so put to sale 2. s. El 6. i0. & P. 2.

VVhosoever shall put to sale any. Malt not being well trodden, fyrst rub∣bed and fanned, shall forfeit for every quarter 20. d. 2. Ed. 6. i0. & P. 5.

* 1.209 Malt made for a mans owne provi∣sion is excepted out of this Statute, ibid. &. P. 5.

And all offenders against this Sta∣tute must be sued or presented within one yeare after the offence, ibidem, & P. 5.

VVhosoever shall be Lawfully dis∣charged and suppressed, touching his making of Malt, and will not accor∣dingly * 1.210 forbeare, shall be three dayes imprisoned, and before his enlargment become bound in 40. l. to obey such suppressing, 39 Eliz. i6. & P. 6.

Milch-Kine

* 1.211WHosoever shall feed above a i20. shorne sheepe for the most part of the yeare upon his grounds which be severali and for Milch-Kine, and shall not for every 60. Sheep keep one Milch-Cow, and moreover for every sixcore Sheep year∣ly * 1.212 reare one Calfe during the time of keeping such Sheepe, shall forfeite to the King and Informer for every Cowe not kept, for every Moneth 20. s. and as much for every Calfe not reared, 1, & 3. P. & M. 3. & Poulton Cattle 3.

VVhosoever 〈…〉〈…〉al feed upon his seve∣rall pasture above 20. Oxen, Rounts, Steers, Scrubbes, Heisters, Kine, and shall not for every i0. beasts keep one Milch-Cow, and for every two Kine

weane and reare up yeerly one Calfe, (except it die) shall forfeit ut antea. Provided that no person shall bee com∣pelled to keep any Kine, or reare any Calfe for such sheep, or other Beasts, which he keepeth or feedeth to be spent in his house; 2 & 3 P. & M. 3. 13. El. 25. & P. Cattles 4.

Mortuary.

* 1.213 IF any spirituall person, or any for him shall take Mortuary (corps pre∣sent) or any thing for the same in any place where the same was not used to be given: or shall take in place where Mortuaries are used, any thing for Mor∣tuary, where the goods of the dead are under ten Marks, or more then 3 s. 4. d. where the goods shal be of the value of ten marks, and under 30 l. or above 6 s. 8. d. where the goods shal be under 40 l. or above ten shillings, where the goods shall be above 40 l. he shall for∣feit so much as he shall take over, and lose 40 s. to the party grieved. 21 H. 8. 6. & P. 1. 3. 7.

Masons.

TO cause Mason's to congregate themselves Chapmiers, is felo∣ny: And the Masons which come to such Chapiters and Congregation, shall be punished by imprisonment of their body, and make fine and ransome at the Kings pleasure, 3 H. 6. 1. & P. 1.

Matrimony, and Bigamy

* 1.214 IF any person being married, shall marry any other, the former husband or wife, (being other then such per∣son, whose husband or wife hath remai∣ned beyond the Seas 7. years together, or hath absented him or her selfe one from the other 7. years together within the kings time, the one not knowing the other to be living, or that was before lawfully divorced, or whose former Marriage was void by Law, &c.) eve∣ry such offence shal be Felony, 1 lac. 11.

& P. 8. 9. But he shall be allowed Cler∣gy. P. Clergy 17.

Ordinary:

IF any Ordinary or his Scribe 〈◊〉〈◊〉∣ster, &c. shall take greater Fees that are allowed by the Sta〈…〉〈…〉te, 21 〈…〉〈…〉 for the probat of a Testament, or Let∣ters of Administration, he shall forfeet for every offence ten pound to the King and party grieved. And more∣over to the party grieved so much as he shall take contrary to this Act, 21 H 8. 5. & P. Probate of Testaments, &c. 1, 2: 3. 12.

Parliament:

WHo shall be a knight of the Parliament, with the 〈◊〉〈◊〉 of their election, See Poulton 4. & 9.

The order of levying and paying of the wages of the Knights of the Parlia∣ment,

see P. 12. & Just. of P. 52.

Perjury.

AGainst such as do procure wilful Perjury, see the Stat. 5. El. 9. & Poulton 1. & 6 Iust. of Peace, 23.

Petty Treason.

IF a Servant kill his Master or Mi∣stris, or a Wife her Husband, or any Ecclesiasticall person his Prelate, it is petty Treason, and this manner of Treason doth give the forfeit of the Escheats to every Lord of his owne proper Fee, 2, Ed. 3. 2. and P. Trea∣〈◊〉〈◊〉 7.

Pewter or Brass.

* 1.215 IF any Pewterer or Brasier shall sell or exchange any Brass or Pewter 〈◊〉〈◊〉 onely in open Faire or Market, or in his house, unless he be desired by the buyer, he shall lose 10. l. for every de∣fault. Or if he work any hollow w〈…〉〈…〉 of Lay Mettal, which is not according to the Assize of Lay Mettall wrought in London, or set not his Seal or M〈…〉〈…〉 upon the said Ware, he shall lose the value of the Ware, 19 H. 7. 6. 4 H. l. 7. P. 13. & 5. & Iust. of P. 26.

Plague.

IF any person infected with the plague and commanded to keep house, shall (notwithstanding wilfully and con∣temptuously), go abroad and converse in company, having any infectious sore upon him uncured, he shall be ad∣judged a Felon, and suffer death, but if such person shall not have such sore found about him, then to be puniched as a Vagabond according to the Stat. ••9 El. 5. & further to be bound to his

good behaviour for a whole year, 1 Iac. ••1. and P. 2.

Playes and Games,

* 1.216VVHosoever shall by himself or any other, for his gain or li∣ving keepe, or maintain any common house, Alley, or place of play∣ing at Bowles, Coytes, Closh, Cayles, Tennice, Dice, Cards, Tables, Shove∣groat, Foot-bail, or casting of the stone, or any other unlawful play or game, shal forfeit for every day 40. s. * 1.217And every person using and haunting such house or place, and there playing, shal forfeit for every time 6. s. 8. d. 33 H. 9. and P. i. 5.

* 1.218 2. If any Artificer of any occupation or any Husbandman, Apprentice, La∣bourer, Servant at Husbandry, Iour∣ney-man, or any Servant of Artificer, or any Marriner, Fisher-man, Water∣man, and Serving-man (other then of a Nobleman, or of him that may dispend 100. l. per An. playing within the pre∣cincts of his masters house) shall play out of Christmas at any of the unlaw∣ful Games, or in Christmas out of his

Masters house or presence, he shall for∣feit for every time 20. s. 33 H. 8. 9. & P. 3 & 5.

Who shall have the forfeiture, ibidem & P. 7. and actions popular 1.

All Actions &c. upon this Stat. must be commenced within a yeer after the offence, 33 H. 8. 9. and P. 7.

Players abusing the Name of God, forfeit 10: l. for every offence, 3 Iac. 21. and P. 6.

Poore People

* 1.219 1. VVHo shall be Overseers of the poore of every parish, and when, and by whom to be chosen, to∣gether with the duty of such Overseers, see 43. El. 2. and Poult. 1.

2. If any parish shall not be able to elieve their poore, then two or more Justices of the peace, whereof one to be of the Quorum, dwelling in, or neere the same parish, or Division where such parish is, shall, and may tax any other of other parishes, or

out of any parish within the same hundred, to pay such sum and sums as they shall think fit, according to the intent of the Law. And if the hun∣dred be not able, then the Justices of the peace, or greater number of them, may at their several quarter Sessions, Rate any other of the parishes there∣unto, as they shall think fit, 43 El. 2. and P. 3.

3. Whosoever shall refuse to con∣tribute according as they be assessed, shall be distrained by Warrant from any two such Justices, and in default of distress shall be committed to the com∣mon-Goale without bayle, til they pay the same, and the arrearages, 43 El. 2. and P. 4.

* 1.220 4. Such poore as will not work, be∣ing thereunto a ppointed by the Church wardens and Overseers, may be sent to the house of Correction by one, or more Justices of the peace, 43 El. 2. and P. 4.

5. The greater part of the Ju∣stices at their generall quarter Sessions may by the agreement of the Lord of any wast or common, set up habita∣tions there for the poore, and place Tenements in the same, 43 El. 2. and P. 6.

6. Whosoever shall find themselves grieved with any Selle or Tax, or o∣ther

thing done upon the said Statute 43 El. 2. The greater part of the Iu∣stices at their general quarter Sessions shal take such order therein, as to them shal be thought convenient, which shal conclude and bind all parties, 43 El. 2. & P. 7.

7. If the Father, Grand-father, mo∣ther, Grand-mother and Children, be∣ing of a sufficient ability, shall not re∣lieve their poore and impotent Parents and Children, in such manner as they shall be assessed by the greater part of the Justices at their general quarter ses∣sions, every of them failing therein, shal forfeit for every month 20. s. 43 El. 2. & P. 8.

8. If a Parish lie within two Coun∣ties, or part within a liberty, and part without, the Iustices shal deale and intermeddle only with so much of the said Parish as lyeth within their limits, concerning the nomination of Over-seers, &c. 43 El. 2. & P. 10.

* 1.221 9. If the Iustices of peace within their divisions shall not nominate Overseers of the poore in every parish according to the Law, every of them making de∣fault, shal forfeit for every such default 5. l. 43 El. 2. & P. ii. which shall be to the use of the poore of the same pi∣rish, and be levyed by warrant from the generall Sessions, ibid.

10. How the forfeitures men∣mentioned

shall be levyed and imploy∣ed, see 43 El. 2. & P. 12.

11. The Iustices of Peace, or the more part of them at their generall quarter Sessions next after Easter shall rate every parish to a weekly sum, not above six pence, nor under a halfe pen∣ny, nor the total sum of such taxation on the Parish, to be above the rate of two pence for every parish in the Coun∣ty, for reliefe of the Prisoners in the Kings Bench; Marshalsey, Hospitals and Alms houses in the County, and shall also rate the sums to be sent to every of these places, and elect a Treasurer for that purpose, and punish him that re∣fuseth, 43 El. 2. & P. 13, 14, & 16.

If any able person threaten to run away, and leave their families behind upon the parish they shall be punished as Vagabonds, 7 Iac. 4. see Vagabonde.

Preachers and Ministers of the Church.

* 1.222 1. VVHosoever shall of p〈…〉〈…〉∣pose malitiously and con∣temtuously, molest, or by any means hinder or misuse any Prea∣〈…〉〈…〉lawfully authorised, in any his open Sermon, or Preaching in any Church or other place used and appointed, and his aiders procurers, and abettors shall be three months imprisoned, and fur∣ther to the next quarter Sessions, and then, upon his reconciliation before them, shall be delivered out of prison upon sufficient bayle for his good beha∣viour to be taken by the said Justice for a whole year after, 1 M. 3. & P. 1.

2. Whosoever shall by any contemp∣tuous words, or advisedly in any other∣wise deprave, despise, or revile the bles∣sed Sacrament of the body and blood of Christ, shall be imprisoned and fined at the Kings pieasure, 1 Ed. 6. 1. & 1. El. 1. & P. Sacrament 1. and Justices of peace 8.

3. If any Parson, Vicar, or other Minister, shall refuse to use the Com∣mon prayers, or to Minister the Sacra∣ments according to the book of Com∣myn prayer, or wilfully standing in th••

same, shal use any other, form in open•• prayers, or in administration of the•• Sacraments, or shall speak any thing in ••erogation•• of the said booke, or any part thereof, and shall be thereof law∣fully convicted, shal for the first 〈…〉〈…〉ence forfeit to the King the profit of his spi∣ritual promotion for a year, and be six monthes imprisoned without. Bayle: and for the second offence be (ipso fa∣••••o) deprived of such promotion, and be imprisoned a year; and for the third offence to be (ipso facto) deprived of such promotion, & be imprisoned during his life. But if he have no such promo∣tion, then for the first offence he shal be imprisoned a yeare without bayle, and for the second offence during his life, 1 El. 2 & P. Sacrament 2. & 3.

4. Whosoever shall in any Play, Song, or ryme, or by any open Word speak in derogation of the said Booke, or of any thing therein contained, or shall cause or maintaine any Parson, Vicar, or Minister to say any Common prayer, or to minister any Sacrament in other manner then after the said book or shall interrupt any Parson, Vicar, or ministers to say any open prayers, or to administer any Sacrament, according to the said booke, and shall be thereof lawfully convicted, shall forfeit to the King for the first offence 100. Marks,

to be payed within six weekes, and in default of such payment to be impriso∣••ed six months without bayle, and for the second offence 100 Marks to be payed within the said term, or to suffer imprisonment twelve monthes without bayle: and for the third offence all his goods and chattles, and be impri∣soned during his life, 〈◊〉〈◊〉 El. 2. P. Sacra∣ment 4.

* 1.223 Such offenders shal' be indicted at the next generall Sessions after the offence committed, ibid & Poult••n 6, 7.

Also, if such offenders shall be pu∣nished by the Ordinary, and have a Testimonial thereof under his Seale they shall not be estsoons punished by the Iustices. Ibidem and Poulton 6.

* 1.224 7. Whosoever shall say or sing Mass and be thereof lawfully convicted, shal forfeit 200. Marks, and be imprisoned a year, and from thence til he pay the said forfeiture, and whosoever shal wil∣lingly hear mass, shal forfeit ••00. marks and a years imprisonment, 23 El. 1. & P. Sacrament 11.

* 1.225 If any person, Vicar, &c. shall grant a Licence for eating Flesh to any person, other than such as plainly ap∣pear to have need thereof, such licence shall be void, and such Parson or Vicar shall forfeit for every such License

otherwise granted five markes, 5 El. 5. 〈◊〉〈◊〉 P. Fish dayes 3.

If any Parson, Vicar, or ••urat shall ••ake above 4. d. for entring into the church book the Licence of a sick per∣son to eat flesh upon fish dayes, it is ex∣••ortion, 5 El. 5. & P. Fish dayes 3.

If any parson, &c. shall take above two pence for Registring a Testimonial, ••f any Servant departing from one place to another, it is extortion, 5 El. 4. & P. Labourers 7.

If the minister of every parish shal not keepe a Register-booke and there∣〈…〉〈…〉 enter the substance of every Testimo∣nial made for Rogues whipped within his parish, he shal forfeit for every de∣fault 5. 〈◊〉〈◊〉. 39, El 4 and P. Vagabonds 3.

The duty of parsons, &c. in binding o•••• Apprentices, and in imploying of the money given to such uses, 7 Iac. 3

Prison and prisoners.

* 1.226 1. IF any keeper of prison, or under∣keeper shal by dares or pain com∣pel any his prisoners to become an approver against his will, he shal be ad∣judged a Felon, 3 Ed. 3. 10. & P. 2.

2. Whosoever having authority of kee∣ping of Goale; or of prisoners for felony

shall certifie the names of every priso∣ner in his keeping, and of every person to him committed for any such causes at the next generall Goale delivery in every County or Franchise where any such Goale is, upon paine to forfeite to the King for every default, 5 l. 3 H. 7 3. & P. 3.

* 1.227 3. The most part of the Iustices of peace of every shire may at their gene∣rall quarter Sessions rare and tax every parish within the said shire at such rea∣sonable summes of money for and to∣wards the reliefe of prisoners in the common Goal of the County afore∣said, as they shall think convenient by their diferotions, so that the said 〈…〉〈…〉∣tion do not exceed above six pence; 〈◊〉〈◊〉 eight pence by the week out of cr〈…〉〈…〉 parish, 14 El. 5. & P. 4.

Reliefe of Prisoners in the Ma〈…〉〈…〉∣sey and Kings Bench, vide P. 〈◊〉〈◊〉 11.

* 1.228 4. Breaking of prison by one being in there for felony, or by any under Arrest for Felony, as well with〈…〉〈…〉 prison as within is Felony, 1. Ed. 2. l P. 5.

* 1.229 5. If any Sheriffe or Bal〈…〉〈…〉 〈◊〉〈◊〉 willingly suffer any Prisoner for Fe〈…〉〈…〉∣ny to escape, or if any shall rescue s〈…〉〈…〉 a Prisoner it is Felony, vide D〈…〉〈…〉 fol. 238, 239.

6. A Prisoner shall be conveyed 〈◊〉〈◊〉

the Goale at his owne charge, if he have ability, if not, the parish shall be charged, 3 lac. 10. & P. 7. & 8.

A prisoners goods shall not be seised ill he be attained, P. Sheriffes 14.

Removing of prisoners, see remo∣ving.

* 1.230 9. No Iustice nor Iustices shall let to bayle any persons forbidden to be hailed by the Stature 3 Edw. 1. upon paine to be fined by Iustices of Goale-delivery, 1. & 2. P. & M. p. Iustices of peace, 106

* 1.231 8. No prisoner which before was out∣lawed, nor he which hath abjured, nor any approver, nor he which is taken with the manner, nor he that hath bro∣ken prison, nor a Theefe openly de∣fanied and known, nor he which is ap∣pealed by an approver, so long as the approver liveth, except he be of good fame, nor he which is taken for burn∣ing of a house feloniously, or for false money, or for counterfeiting the Kings Seale, nor any excommunicate person taken at the bishops request, nor hee which is taken for a manifest offence, or for treason touching the King, 3 Edw. 1. 15. nor he which shall confess a Fe∣lony or Manslaughter before the Iu∣stice upon his examination, vide Dalt. fol. 285. where bayle is taken away by particular statutes for misdemeanors.

9. Such as be indicted of Larceny by Enquests taken before Sheriffes of bayliftes by their office, or of light sus∣pition, or for petty Larceny, that a∣mounteth not to the value of 12. d. if they were not guilty of some Larceny before, or guilty of some receiving Fe∣lons or Theeves, or of commandment or force, or of aide in Felonies done, or guilty of some other trespasse, for which one ought not to lose life or member, and a man appealed of an approver, if he be no common Theefe nor defamed, shal be let to bayle by sufficient sureties s. Ed: 1. 15. & P. mainprise, 2.

It seemeth also by Dalton, that per∣sons taken upon suspition of burgla∣ry, Robbery, or Theft, if they be not of evil Fame: and also Accessaries may be let to bayle, vide Dalton; sol. 274.

10. Whosoever shal with-hold pri∣soners baileable, after they have offered sufficient baile, shall pay a grievous sine to the King; and whosoever shall take reward for the deliverance of such shal pay double to the prisoner, and be amarced as aforesaid, VV. 1. 3 Ed: 1. 5. & P. mainprise 6.

One Iustice of the peace may baile a prisoner, if it be not in case of felo∣ny, or the like, or except some particu∣lar Stat. shal otherwise prescribe, Dalt. fol. 33.

No person for manslaughter or fe∣lony, or suspition of either being baile * 1.232 able by Law, shal be let to baile or mainprise by any Iustice of the peace, if it be not in open sessions; except it be by two Iustices of the peace at the least present together at the same time of bailement, whereof one to be of the quorum, who before such prisoner be bailed, shall also take the examina∣tion of the prisoner, and information of them that bring him, of the fact, and circumstances thereof in writing, which together with the bailement they shal certifie under their hands at the next Gole deliverie, upon paine to be fined for every offence by the Iustices of Goale delivery. i & 2. P. & M. 13. & P. Iust. 106.

Purveyors

* 1.233 1. PUrveyors shall agree for the things they take; and shal shew their Commission, upon pain to lose their offices, 28 Ed. 1. 2. &. P. i.

2. If any Purveyor shall take any thing of any ma〈…〉〈…〉 〈◊〉〈◊〉 〈◊〉〈◊〉 to spare

him, and he therefore attained at the partied suite, hee shall yeeld up to the party grieved treble damages, and be two years imprisoned, 36 Ed. 3. 3. & P. 14.

* 1.234 3. If any Purveyor shal take corn by any other measure than by the stri∣ked bushel, or by any other than eight such bushels to the quarter, or shall take carriage thereof without making ready payment, he shall forfuite to the party grieved, and be one yeare im∣prisoned, 22 Edw. 3. 14. and 〈◊〉〈◊〉 16.

4. If any Purveyor of the King shall take any thing of the value of for∣ty shillings or under, without ready payment, he shall pay the value to the party grieved, and lose his office, 2. H. 4. 14. & P. 22.

* 1.235 5. If any Purveyors of Timber shall sel for the Kings use any Oaken Tim∣ber tree meet to be Barked, but onely in barking time, other than Trees for building or repairing the kings houses or ships, or shall take any pro∣fit by the lops, tops, or Barke of any Trees taken by him, or shall take from the owner any more of any tree then onely the timber of the same Tree, shee shall forfeit for each &c. to the party grieved 4••. 〈◊〉〈◊〉. 1 Iac. 22. & P. Leather, 24.

6. Purveyor sshall not fell trees grow∣ing about a mans house, upon paine to forfeit to the party treble damages, be imprisoned a yeare, and lose his office, 25 Ed. 6. & P. 8.

* 1.236 To make Purveyance without war∣rant 28 Ed. 1. 2. 20. R. 2. 5. & P. 9.

To take more Sheep before share time then be sufficient, 25. Ed. 3. 15. & P. 9.

To make purveyance without lawful apraisement, 5 Ed. 3. 2. & P. 17.

To take more than they deliver to the Kings house, 36 Ed. 3. 4. and P. 18.

To take Purveyance in other manner than is comprised in the Commission, 36 Ed. 3•• 2. & P. 19.

* 1.237 Note that the Iustices of the Peace shall deliver the Dockers of purveyors to them delivered according to the Stat. 2, &. 3. P. & M. 6. & P. 28.

* 1.238 No subjects Charter shall take any thing against the owners will upon paine of imprisonment, 23 H. 6. 14. & P. 1.

Rape.

* 1.239 1. IF any shal Ravish a Maid, Wid∣dow or, VVise above ten yeares of age against her wil, though she consent after, it is felony, 13 Ed. 1. 34. & P. 1.

* 1.240 2. If any shall carnally know and abuse a woman child under ten years of age, though she consent before, it is also Felony and without Clergy, is El. 6. &. P. 2.

* 1.241 3. If any shall take a Maid, VVid∣dow, or VVife, having lands or goods, or being heite apparent to any, against her will unlawfully, other than is VVard or Bondman, it is felony both in him, and the procurers, A∣bettors and Receivers knowing the same. 3. Hen. 7. i. & Poulton, VVo∣men 12.

Recusants, Iesuites.

1. WHosoever shall willing∣ly receive, relieve, comfort, aid or maintain any Iesuite, Seminary Priest, knowing him to be so, shal be adjudged a felon, and not have Clergy, 27 El. 2. and P. Iesuits 3.

2. VVhosoever shal conceale his knowledg of them, and shal not within it. dayes after such knowledg disco∣ver the same to some Iustice of peace, or other high officer, shall be fined and imprisonned at the Kings pleasure. And it such Iustice or other such Offi∣cers, shall not within 28. dayes after give information thereof to some of the kings privy Councel, he shal for∣feit ••00. marks, 27. El. 2. and p. 10.

* 1.242 3. VVhosoever shall willingly re∣taine and harbour any person not re∣pairing to some Church, Chappell or usual place of Common prayer, to hear divine service, by the space of a month together, not having a reaso∣nable excuse, other then his Father or mother, not having other sufficient maintenance, or the ward of any such person, or any person committed to the custody of any by authority, or shall retaine, or keep in service, fee, or live∣ry, any not repairing to som church, &c.

by the space of a month together shal forfeit for every month 10. l. 3 Iac, 4. & P. 51.

* 1.243 4. Whosoever shall keep or main∣tain any Schoolmaster which resorteth not to the Church, nor is allowed by the bishop or Ordinary of the Diocess, he shall forfeit for every month so kee∣ping him 10. 〈◊〉〈◊〉 And such Schoolmaster shall be imprisoned for a year〈…〉〈…〉 without baile, and be disabled, &c. 23 El. 〈◊〉〈◊〉. & P. 2.

* 1.244 5. A Recusant not conforming him∣self, shall abjure the Realm, and the Iustices before whom such abjunation is made shal presently record the same and certifie it to the Iustices of Assize at the next Assizes after, 35. Eliz. i. 〈◊〉〈◊〉 B. i9.

The penalty for a conformed Recu∣sant which shal not receive the Sacra∣ment, &c. 3. Iac. 4. & P. 40.

* 1.245 Popish Reliques shall be defaced at the general Sessions of the peace, 3 Iac. 5. & P. 74.

The penalty of such as come not to Church every Sunday and Holyday, see Church 3. & P. 50.

Felony in Recusants, see Poultes i9. 3.

Removing prisoners or Records.

ALL Writs of Habeas Corpus, or Certiorari, to remove any Record or any Prisoner out of any Goale, must be signed with a Iustices hand of the same Court, i. & 2. P. & M. i3. and Poult. i.

Rescues.

Whosoever shal disturb or hinder by Rescues or otherwise the execution of the Statute of Rogues, or of the poor, shall forfeit for every offence 5. l. and be Bound to the good behaviour, 39 El. 4. & P. Vagabonds 5.

To Rescue one for Felony is Felony Dalt. fol. 238, and 239.

Restitution.

* 1.246 1. IF any Felon of goods, money, or chattels taken from any of the kings subjects, shall be indicted, arraigned, and found guilty thereof, or otherwise attainted, by reason of evi∣dence given by the party robbed, or the owner of the said goods, mony or chat∣tels, or by any other by their procure∣ment, then shall such party or owner be restored thereunto, and the Iustices before whom such finding guilty is, shal have power to award writs of resti∣tution thereof, zi H. 8. ii. P. & i. vide plus Dalton, i85.

* 1.247 2. If a man pursue and take a Felon that hath stolne his goods, and then taketh his goods again, and suffereth the Theefe to escape, he is no accessory for he may in initio agere civiliter or 〈…〉〈…〉∣minaliter at his pleasure; tamen quaert.

But if he took his goods againe to favour the Felon, it is Theft, but quae∣re if it be not Felony et vide Terms of the Law, fol. i8 4.

If upon Huy and Crie a man do arrest a Theefe that hath stoln another mans goods, and from the said Felon do take the good, and so let him goe, this

maketh him an accessary, if not princi∣pall, Dalt. 253.

Receiving or buying stolne goods.

TO receive or buy stolne goods knowing they were stoln, maketh not an accessary, unless he receive or aide the Felon himself, quaere & vide Dalt. ibid.

If a stranger buy such goods for a va∣luable consideration it is less dange∣rous, ibid.

Riots, Routs, and unlawful Assemblies.

* 1.248 THe Justices of peace which dwel neerest in every County where riot shal be; together with the She∣riffs or under sheriffs of the same Coun∣ty shall do execution of the Statute of Riots, within a month after every one, upon pain of 100. l. 13. H. 4. 7. & P. 2. & 5.

Note that the King shall bear their

costs sustained in the execution thereof, 2. H. 6. 8. & P. 10.

In Riots, Routs, and unlawfull As∣semblies these circumstances are to be considered, viz.

• 1. The number of the persons assem∣bled.
• 2. The intent and purpose of their meeting.
• 3. The lawfulness or unlawfulness of the act.
• 4. The manner or circumstance of do∣ing it,

* 1.249 To make a Riot, Rout, or unlawful Assembly, three persons at the least must be gathered together.

If three or more shall come or as∣semble themselves together, to the in∣tent to any unlawful act with force or violence against the person of another, his possessions or goods (although they after depart of their own accord with∣out doing any, yet that is unlawfull Assembly.

* 1.250 If after their first meeting they shall ride, go, or move forwards towards the execution of any such Act, this is a Rout.

And if they do execute any such thing indeed, then it is a Riot.

* 1.251 2: If any Riot, Rout, or unlawfull * 1.252 Assembly be made, three or two Justi∣ces of the Peace at the least, and the Sheriff, or Undersheriffe, shall arrest

the offenders, and record that which they shall finde done in their presence against the Law, and such offenders shall be convicted by the Record, in manner and form as it is contained in the Stat. of forcible Entries, 17 R. 2. 〈◊〉〈◊〉▪ 13. H. 4. 7. & P. See forcible En∣tries 2.

* 1.253 3. If such offenders be departed be∣fore the comming of the said Justices and Sheriff, they shall diligently en∣quire within a month after, and the same shal hear and determin according to the Law.

* 1.254 And if the truth cannot be found, then within a month next after they shall certifie before the King and his Councel; of the whole fact and circum∣stances thereof, 13. H. 4. 7. & P. 2. & 3.

Note also that if the offenders shall traverse the matter so certified, the same Certificate and Traverse shal be sent into the Kings-bench to be tryed, ibidem.

* 1.255 4. Rioters attainted of great and heynous Riots, shall have one years imprisonment, as the king and his coun∣cel shall think good, 2 H. 5. 8. and P. 10.

* 1.256 5. Each man being able to travel shal help to repress riots, upon paino of imprisonment and fine, 2 H. 5. 8. & P. 12.

6. The sheriffe having a precept di∣rected * 1.257 to him, shall return twenty four persons dwelling in the Shire where the Riots &c. shall be committed, whereof every of them shal have Land and Tenements, within the said shire, to the yearly value of 20. s. of Char∣ter land of freehold, or 26. s. 8. d. o•• Copyhold, or of both above all char∣ges, to enquire of the said riot, &c. and shall return upon every of them in is∣••••res at the first day 20. s. at the second day 4〈…〉〈…〉under the pain of 20▪ 〈◊〉〈◊〉 9. H. 7, 13. & P. 14.

* 1.258 7. If by reason of Maintenance or Embracery of Jurors, a Riot, &c. is not found, the Justices and Sheriff be∣sides such certificate that they be hound to make according to the said Statute 13 H. 4. shall in the same certificate certifie the names of the Maintainers & Embracers, with their misdemeanours, upon pain to forfeit 20. l. and impriso∣ned at the discretion of the Justices, 19 H. 7. 13. & P. 15.

* 1.259 8. If any persons above the number of two, and under twelve, being assem∣bled, shal intend unlawfully with force to murder or slay any wan, or to cut, or cast down any inclosure or banks of any fish ponds, or to do any the deeds mentioned in the Statute hereafter named, and shall not depart upon pro∣clamation, but shall attempt to do any

of these things, they shall be impriso∣ned a year without bayle, and pay tre∣ble damages and costs to the party grie∣ved, 1 M. 12. 1 Eliz. 16. & Poulton 20.

* 1.260 9. If any person being moved to make commotion, or infurrection, or rebellious assembly, shall not within twenty four hours after, disclose the same to a Justice of peace, or to a She∣riffe; or if any person shall stir or pro∣eure any other to make such assembly, he shall be three monthes imprisoned without bayle, unless he shall be dis∣charged by three Justices of the peace, whereof one to be of the quorum of the same shire where the offence shall be commited, 1 M. 12. 1 Eliz. 10. & P. 24. 30.

* 1.261 10. The raising of unlawfull assem∣blies to the number of twelve or forty, and not to depart within an hour, be∣ing commanded by proclamation, and also the relieving of any such persons is felony, i M. i2. 1 Eliz. i6. & P. 17, i8, 19. 28. 31.

Robbery, Theft.

* 1.262 THeft is the taking away of ano∣ther mansgoods, with an intent to steal them against the wil of the owner, and is of two sorts, Robbery and Larceny, Dalt. fol. 226.

* 1.263 Robbery is the felonious taking of any thing from the person of ano∣ther, or in his presence against his will, and putting in fear thereby, and for which the offender shal suffer death without Clergy, Dalton. fol. 227.

* 1.264 3. Robbers in or near the highway shal not have Clergy, how much, or how little soever they take away, 1. Ed. 6. 2. & P. Clergy, 131.

* 1.265 Nor he which robbeth any house by day, or night, any person being in the same, or thereby put in fear; nor he which robbeth any person at any part of his dwelling, the owner, his wife, children or servants sleeping or waking within the precinct thereof.

* 1.266Nor he which robbeth a Tent or Booth, in fair or Market, the owner, his wife, children, or servants being within the same

* 1.267Nor he which robbeth any dwelling house or out-house thereto used, in the day time (though no person were there∣in)

of the value of five shillings, or a∣bove.

* 1.268 Nor he which doth feloniously take goods out of any Church or Chappell, see P. Clergy 13.

Rome.

AGainst such as maintain the Au∣thority of the Bishop of ROME, see 5 El. 1. & P. 1.

2. Against such as give or take abso∣lution by any Bulls from ROME, or shall obtain or get from the said bishop any manner of bull, writing, or other instrument, or shal bring into this Realm any tokens or things called by the name of Agnus Dei, or any Crosses, Pictures, Beads, &c. and their ayders, see 13. El. 2. & P. 2, 3, 4, & 5.

3: Against such as withdraw any from their obedience to the King, and their Ayders, see 32. El. 2. & Poulton. 7. & 8.

4. Against such as extol any forraign power, &c. see 1. El. 1. & 5 El. 1. & P. Crown 2, 6, 7, 8.

5. Against such as depart out of the Realm to ferve any forraigne Prince,

3. Iac. 4. & Poult. Recusants 48.

Sewers.

1. THe Just. of peace in their quar∣ter Sessions may administer the oath to any Commissioner of Sewers according to the Stat. 23 H. 〈◊〉〈◊〉. 5. & P. 3, & 4.

2. Six Justices of the peace, two of them being of the quorum, may for a whole year after expiration of a Com∣mission of Sewers execute the laws of the Commissioners of Sewers, unless that a new Commission of Sewers be published within the year, 13 El. 9: & P. 16.

Sheep.

* 1.269 1. VVHosoever shall bring, send, or receive into any ship or bottom any rams sheep or lambs being alive, to be con∣veyd

out of the Kings Dominions, or pro∣cure the same, shal for the first offence forfe it all his goods for ever to the king and Informer, and be imprisoned one year without bayle, and then in some open Market, in the fulness of the Market on the Market day, have his left hand cut off, and the same to be nailed up in the open place of such Market: and for the second offence it is Felony, 8 El. 3. & P. 1, & 2, & Just. 15.

2. No person shall keep above 2000. sheep, reckoning after sixscore to the hundred, upon pain to forfeit for every sheep more 3. s. 4. d. to the king and informer, 25 H. 8. 13. & P. 3. & Just 15.

Sheriffs.

* 1.270 1. IF a Sheriff or any of his Ministers which by force of the Green Wax do levy the kings debts, shall not shew to the party indebted the estreats sealed, and Tor the same which is paid whereby the debt is another time de∣manded of the same person, he shall pay to the party grieved his treble da∣mages,

and make fine to the King, 42. Ed. 〈◊〉〈◊〉▪ 9. & 〈◊〉〈◊〉. Estreats 2. & Just. 88.

2. If any Estreats of Issues hath been gathered of any person, other then such as by vertue of the said Estreat was of right chargeable or charged therewith, the offender shal forfeit to the King five Marks, and as much to the party grieved, 27 El. 7. 39 El. 18. & P. Jurors 34. & Just. 99.

3. In every Estreats of Issues against a Juror his addition shall be put, Ibi∣dem.

4. Justices appointed to oversee the Sheriffs Estreats, shall be named at the generall Sessions after the Feast of Saint Michael by the Custos Retulorum, or in his absence by the eldest of the Quorum. 11. H. 7. 5. & P. Sheriffs 18. & 20.

* 1.271 5. Sheriffes shall make no Estreats until two Justices have made the view of them, which estreats shall be inden∣ted, and the Justices have one part, 11 H. 7. 15. & P. 14. 18. 20.

* 1.272 6. Sheriffs must certifie the Indict∣ments found in their turn or Law day to the Justices of Peace at the next Ses∣sions of the Peace in the County, under the pain of 40. l. 1. of Edw. 4. 2. & P. 12.

The Justices shall award Processe against those which be indicted in

the Sheriffes Turne. Ibid. & Poulten 13.

Extortion in Sheriffe, soe P. 5, 6, &c.

Subsidie.

IF any person that ought to be set to the Subsidy, shall by craft or covin escape tamation, and that be proved before two Justices of the peace of the County, he shall be charge d double so much as he ought to have been, and be further punished at the discretion of the said Justices, 7. Iac. 22.

Swannes.

IF any person (or other) to his use use shal have or possess any mark or game of Swans of his own, not ha∣ving Freehold of five Marks per annum above all charges, any other subject ha∣ving Lands of that value may seize

the said Swans, as forfeited to the king and himself, 22 Ed. 4. 6. & P. 1.

The penalty for taking or destroying Swans Eggs in their nest, see Pheasants &c. & P. Hawks 3. & 11 H. 7. i7.

Tile-makers.

* 1.273 1. IF tile-makers shal not dig and cast up their earth for Tile til after the first of November, or shal not stir and turn it til the first of Febr. fol∣lowing, or shal not work it before the first of March following, or shall not work and try it from stones, veins, and chalk, or shall make or put to sale any plain Tile under ten inches and a halfe in length, six inches and a quar∣ter in the breadth, and halfe an inch * 1.274 and halfe a quarter in thickness with convenient deepness; or any gut∣ter tile under ten inches and a half in length, with a convenient thick∣ness, breadth and deepness, they shall lose the double value to the buyer, and a fine to the king, that is to say, for every hundred of plain tiles, five

shillings; for every hundred of rough tile six shillings eight pence, and for every hundred of corner tiles two shil∣lings, and after that rate for more or lesser, i7 Ed. 4. 4. & Poult. i, 2, 3.

* 1.275 2. If the Searchers appointed for the oversight of the true making of Tile shal not do their effectuall diligence therein, shal lose for every default ten shillings ibidem, and Poulton 5. and Just. 97.

Toll.

1. IF any Miller shall take excessive. Toll, or by heaped measure, he shal be grievously punished 3 Ed. i. & P. 2.

Toll for Horses, see Faires.

Tongues, Eyes.

1. TO cut out the Tongues, or put out the Eyes of any of the kings liege people, out of malice pre∣penced, is Felony. 5 Hen. 4, 5. & P. 1.

Transportation.

1. THe prohibition of transporting corn, is to be made by the most part of the Justices of peace at their quarter Sessions, 13 El. 13. & P. Corn 7.

2. Whosoever shall against procla∣mation, thereof made, transportor carry out of this Realm any Corn, Graine, or Mault, growing or made here; of Beere, Butter, Cheese, or Wood, in any vessels, except to Barweck, or the Marches thereof, without sufficient authority, or any sea-fish, or Herring〈…〉〈…〉 not taken by a naturall borne Subject here; or shall by any means convey, 〈◊〉〈◊〉

willingly consent to convey any of the said things to any vessel, being on the sea, or any place or haven of this Realm to be transported over sea, or into Scotland, without sufficient authority; or if any person having licence to con∣vey any of the said things, shal fraught * 1.276 or lade his vessel, or any part thereof, at any more places than one only, the owner of the vessel shall lose it, the owner of the victual shall lose the double value, and the Master and Mar∣riners their goods, and have a years imprisonment, 1 & 2. Ph. & M. 5. 13. Eliz. 11. & 13, & Poulton Corn 1. & Iust 27.

* 1.277 3. It is lawfull to transport Corn and Grain when the prizes be allow∣ed reasonable until it be restrained a∣gain by the kings proclamation, 1 Iac. 25. & P. Corn 6, 7, 8.

So may Beere be transported when Mault is not above sixteen shillings the quarter, 3. Jac. 11. & P. Corn 6.

Traverse.

1. THe liberty of Traverse is com∣momonly restrained to indict∣ment of Trespasses, Centempts, Riots, and other inferiour offences.

2. To Traverse an Indictment, is to take Issue upon the chiefe matter there∣of, which is none other to say, than to make contradiction, or to deny the point of the Indictment; As in a present∣ment against A. for a Highway over∣flowing with water for default of scouring a ditch, which he and they whose Estate he hath in certain land there, have used to scoure and cleanse A. may traverse either the matter, viz. that there is no Highway there, or that the ditch is sufficiently scoured, or o∣therwise he may traverse the cause, viz. that he hath not the Land, &c, or that he or they whose estate, &c. have not used to scoure the ditch, &c,

Treason.

* 1.278 1. HIgh Treason called in Law Crimenlesae Majestatis, is a grie∣vous offence done or attempted against the State Royall, viz. against the King in his person, the Queen his Wife, his Children, Realm; or autho∣rity, &c: See more P. 1. &c. & Dalt. fol. 198.

* 1.279 Such offender shall be hanged cut down alive, and quartered, and shal for∣feit all his lands and goods to the king, yea his entayled lands, and his wife shal lose her dower, & his blood shal be cor∣rupted, saving in certain cases, vid. Dalt. fol. 205.

* 1.280 In case of Premunire the offender shal forfeit all his Lands in fee for ever, and all his goods and chattels to the king, but his lands whereof he hath an estate he shall forfeit only during his life, and shal be imprisoned during his life, ibid.

* 1.281 Misprison is properly when one knoweth that another hath committed Treasons or Felonie, but was not con∣senting thereto, and conceales the of∣fence.

* 1.282 Such offender for Misprison of Trea∣son, shall forfeit to the king his goods and chattels for ever, the profits of his

lands during his life. Dalton 103. For Misprison of Felony, the offender shal be onely fined, ibid.

* 1.283 Petty Treason is when wilfull Mur∣der is committed upon any Subject by one that is in subjection, and oweth faith, duty, and obedience to the party Murdered, Vide Petty Treason, fol. 82. 6.

* 1.284 The punishment for Petty Treason is this, the man so offending shall be drawn and hanged, the woman shall be burned alive, in case as well of petty Treason, as of high Treason, I Ric. 3, 4. But in case of Felonies, the judge∣ment both of man and woman is to be hanged.

* 1.285 The for feiture of Petty Treason is the King shall have all his goods, and for his Lands the king shall have An∣num diem & vastum, and the Escheat thereof, shall be to every Lord of his own proper fee.

Treasurers:

THe Treasurers of the Country are to be chosen at Easter ses∣sions by the more part of the Justices, and are to be such as at the last taxation of the Subsidy next before the said election were valued and assessed at 10. l. in lands yearly, or 40. l: in goods and shall continue but one year, and then give up their charge and account at Easter Sessions, or within ten dayes after; and if any Treasurer, his Execu∣tors, or Administrators shal fail to give up his account within the time aforesaid or shall be otherwise negligent in his charge, then it shall be lawfull for the more part of the Justices in their Ses∣sions to assess such fine upon him, his Executors, Administrators, as in their discretions shall seem convenient, so it be not under 5. l. 43 Eliz, 3. & P. Capt. 18.

2. The Treasurer shall assesse relief to Souldiers or Marriners upon a law∣full Certificate, and shall keep a true book of computation of the mony they lent, and a Register of the names of such as they give relief unto. And every Treasurer returning, or not accepting the Certificate brought unto him, shall

write and subscribe the cause of his not accepting, or not allowing thereof, un∣der the said Certificate, or in the back thereof. And if any Treasurer shall wilfully refuse to give reliefe according to this Act, the Justices in their S••••ons may fine such Treasurer by their dis∣cretions, 43 El. 3. & P. Captains 19, 21; 22.

* 1.286 The surplusage of the stock of the more part of the Justices in their quar∣ter Sessions, be ordered, distributed, and bestowed upon such good and cha∣ritable uses, and in such form as are limited in the Statutes made in force concerning the reliefe of the Poor, and punishment of Rogues and Beggars: 43 El 3. and P. Captains 24. See more P. Poor people 14, 15.

How the Forfeitures shal be imploy∣ed, see 43 El. 3. & P. Captains 26.

Trespass:

WHosoever shall cut, or un∣lnwfully take away any Corn or grain growing, or rob any Orchards or Gardens, or break or cut any hedge, pailes, railes, or fence, or dig, pull up, or take up any fruit∣〈…〉〈…〉ree or trees, in any Orchard Garden, or elsewhere, to the intent to take or carry the same away; or shall cut or spoyle any Woods, or under Woods, Powles or trees standing, not being Felony, and their procurers and recei∣vers knowing of the same, being thereof 〈…〉〈…〉awfully convicted by the consession of the party, or by the testimony of 〈…〉〈…〉e sufficient witness upon oath before 〈◊〉〈◊〉 Justice of the peace &c. shall give the party such satisfaction as such Ju∣〈…〉〈…〉ice shall appoint, and within such ••ime as he shall appoint, the same to be only for the first fault. And if such ••ffenders shall not be thought able to give satisfaction, then to be whipped ••nd also for every such offence after to 〈…〉〈…〉cceive the same punishment of whip∣ping, 23 El. 7. & P. 1.

A Constable refusing to punish such ••ffenders, see Constables 10. & P. 2.

No Justice of peace &c. shall exe∣cute this Statute for any of the said of∣fences done to himself, unless he be as∣sociated and assisted by one or more Ju∣stices whom the offence doth not con∣cern, 43 El. 7. & P. 3.

Vagabonds and Rogues.

* 1.287 SEE 39 Eliz. 4. 4. & P. 2. & 7. But note that that act doth not ex∣te〈…〉〈…〉d to any children under seave•• years old.

All common players of Enterludes and Glassmen shall be accounted rogues 1 Iac. 7. & P. 2.

A Servant taken with a counterfei〈…〉〈…〉 or forged Testimoniall or not procu∣ring a Testimoniall according to the Stat. 5. El. 4. shall be taken and puni∣shed as a Rogue: see P. Labourers 8.

A Souldier or Marriher begging, 〈◊〉〈◊〉 counterfeiting a Certificate, shall be accounted a Rogue, 34 El. 3. & P. Capt. 23.

And all such as wilfully go abro〈…〉〈…〉 out of houses infected with the Plagu〈…〉〈…〉 though they have no sore upon them shall be accounted Rogues, and more

over be bound to the good behaviour for a yeare. 1. Iacob. 31. & Poulton Plague 4.

And all able persons threatning to turn away and leave their family upon the Parish, the same being proved by two sufficient witnesses upon oath be∣fore two Justices of the peace, shall be punished as Rogues, unless they put in sufficient sureties for the discharge of the parish, 7 Iac. 4.

* 1.288 All such able persons as shall runne away out of their parishes, and leave their families upon the parish. 7. Iac. 4.

All such as appear to be dangerous to the inferior sort of people, or other∣wise be such as wil not be reformed of their Roguish kind of life by the for∣mer provision of this Act, shal be sent to the house of correction, or Goale of the County by two Justices, one of them being of the quorum of that limit til the next Sessions, and then by the con∣sent of the more part of the Justices in their open Sessions, shall be with an hot burning Iron, of the breadth of two pence, with a Great Roman R. upon the Iron; and then shall be sent to the place where they last dwelt, if they have any dwelling, it not, then to the place where they last dwelt for the space of a year, and if that cannot be known by their confession or otherwise, then

to the place of their birth.

* 1.289 And if after such punishment they offend again in begging or wandring contrary to the Law, they shal be ad∣judged Felons and not have Clergy, 39 El. 4. 1. Iac. 7. & P. 4.

* 1.290 To send rogues by a generall Pas∣port without conveying them from pa∣rish to parish, is a let to the conveying of rogues according to the Statute, and so a for feiture of 5. 1. upon them, and to go with such a pasport is but still to continue a rogue to be punished by whipping, see the duties of Constables, fol. 25. 7.

* 1.291 If any Mannish, Scotish, or Irish rogue shall come into this kingdome, he shall be punished as a rogue, and conveyed to the next port or parish where he landed, 39. El. 4. and P. 16. See the constables duty herein, Consta∣bles. 18.

Every person shall apprehend such Rogues, Vagabonds, and sturdy Beg∣gars as he shall see or know to resort to his house to beg or receive almes,* 1.292 and him shall carry (or cause to be carried) to the next Constable or Tything man, upon pain to forfeit for every default 10. s. 39 El. 4 and P. 5.

How these forfeitures shal be imploy∣ed, See 37 El 4. & P. 11. see more Constables 7.

Victualls and Victuallers.

* 1.293 1. IF any Victualler shall sell, or offer to sell any corrupt, or un∣who I some Victuall, he shal be fined by the discretion of the Justices, 51 H. 3. Statute Pistorum, Cap. 7. see more Butchers 3.

* 1.294 2. If any Butcher, Fishmonger, In∣holder, Tipler, Brewer, Baker, Poul∣terer, or other seller of Victuals, shall not sel the same at reasonable prizes, and for moderate gain, he shall lose the double value of that he received, 23 Ed. 3. 6. & P. 3. & 4.

3. Victuallers conspiring for sel∣ling their Victualls, see Artificers, 1.

4. When and in what cases victuals may be transported, see 1 & 2. P. & M. 5. & Poulton 8. & Justices 27. & Corn 1. & 7.

Usury.

* 1.295 1. IF any person shall by himself or any other, sel any Merchandise or wares to any other, and shal with∣in three months next after by himself, or any other buy the same, or any part thereof again upon a lesser price, know∣ing them to be the same: Or if any per∣son shal by any corrupt Bargain, Mor∣gage or other means, take in gain a∣bove the rate of ten pound for a hun∣dred pounds for one years forbearance, and so after that rate more or less, he shall lose the treble value to the king and Informer, and be imprisoned and fined at the kings pleasure. 37. Hen. 8, 9. & P. i, 2, 3, 4. & i3 El. 8. 39 El. i8. and P. 6, 7.

* 1.296 He that taketh ten pound or less in a hundred, shall forfeit the Interest only i3 El. 8. 39 El. i8. & P. 8. & Just. 9i.

Wages.

VVAges of Servants, see 5 El. 4. and P. Labourers 4. and Justi∣ces 66.

Wages of knights of the Parliament see 23 H 6. 6. 1i. and P. Parliament i2. and Just. 52.

Wages of Justices of the peace, see i4. R. 2. ii & P. Justices 6, 7. & 5 El. 4. & P. Justices 68.

Wages of Weavers and Spinsters, see Cloth 3.

Watch and Ward.

IF the Watch in every town be not kept from Sun setting to Sun rising, between Ascention day, and Michael∣mas day, to arrest Night-walkers and strangers that pass by in the night, the Constable, shall be fined by the discre∣tion of the Justices, Stat. VVinton. i3 Ed. i. 3. and 5 H. 4. and P. i, and 2.

VVax:

IF any person shall sell, or shal set forth Candles, or other works of Wax to sale at higher prices then af∣ter the rate of four pence the pound o∣ver the common price of plain wax be∣tween Merchant and Merchant, he shal be fined to the King, and shall forfeit his work, or the value of it: 11 H. 6. 12. & Poult. 8. & Just. 42.

Weights and Measures:

LAwfull Weights, see Poult. 1, 2, 3, 4, 5.

* 1.297 VVhosoever shall buy or sell by unlawful VVeights or Measures, or shal buy or sel in any City or Market with any VVeight or Measurethat is not law∣fully marked or signed, the same shall be broken and burnt, and the offender shall lose for the first offence six shil∣lings eight pence, for the second, thir∣teen shillings and four pence, and stand

on the pillory, 11 H. 7. 4. & P, 9, 10. & Just 92.

* 1.298 If they of the town where the Kings Standard is appointed to remain, should not have their common VVeights and Measures signed, or shal not have there∣by signed weights and measures sold to all that have required the same, they shall be fined and amerced, * 1.299 and so shall the head Officers of market townes, which shall not twice yearly make view and examination of weights and measures there, 11 H. 7. 4. & P. 7. & 10.

* 1.300 If any person shall take above one penny for sealing a Bushel-measure, or above one penny for sealing a hun∣dred weight, or above a half penny for sealing half a hundred weight, or above a farthing for a less weight, he shal for∣feit forty shillings, 7 H. 7. 3. & 11 H. 7. 4.

* 1.301 VVhosoever shall buy Corn by hea∣ped measure in any place, except within Ship-board, or shall use double mea∣sure, the one to buy, the other to sell with, he shall be grievously fined and imprisoned 17 Ric. 2. de Pistor. & 11 H. 4.

* 1.302 All falsiers of false VVeights shall be imprisoned without Bayle, til they be acquitted or attainted, and if they be attainted, their bodies shal remain in Prison till they have made fine and

VVild Fowle and their Eggs.

* 1.303 WHosoever shal willingly with draw, purloin, take, destroy, or convey any Egs of any Wild-Fowl from any Nest or place where they shall be layd by any kind of the same Wild-Fowl, between the first of March, and the last of Iune yearly, shal be imprisoned one whole year, and forfeit to the King and Informer for e∣very Egg of any Crane or Bustard so destroyed or taken from any nest or place 20. d. and for every Egg of every Byter, Heron, or Shovelard 8. d. and for every egg of every Mallard, Teale, or other Wild-Fowl used to be eaten, a Penny. 25 H. 8. ii. 3 Ed. 6, 7. & P. i. & Just. 9i. & vide plus Pheasants 3.

Wines.

1. SUch as sel Wines in gross, con∣trary to the Prizes assessed, shal forfeit for every vessel so sold, forty shillings, 28 H 8. i4. and P. 2. and Just. 94.

2. If any person authorized to sell Wine by Retaile, shall sell the same a∣bove the Prizes thereof limited by the Kings Proclamation, if there have been any, and shall be convicted within a yeare after, he shal lose for every Gal∣ion 3. s. 4. d. and so after that rate, 28 H. 8. i4. & 5 El. & P. Just. 94, 95.

* 1.304 3. If any shall deny to sell Wines at the Prizes assessed, they shall forfeit the value of the Wine so desired to be bought, and the Justices may upon re∣quest enter and sel the same desired to be bought, according to the prices set down, and take the buyers money to∣wards the satisfaction of the forfeiture 24 H. 8. 6. & P. 3, 4.

VVoods.

IF a Lord or owner of Woods or un∣der Woods, and the Tenants or In∣habitants, (having common therein) cannot agree in dividing the fourth of the said Wood, but shall desire the aid of the Justices of the peace of the same shire where the Wood lyeth, the more part of such Justices (not being a kin to the said Lord or owner) shall sever and set out the said fourth part of such wood, 35. H 8. 17. & P. 8, 9.

Wooll and Yarn.

IF any shall buy woollen Yarn, and not make Cloth thereof, he shal for∣feit the Yarne and foursold damages and be two years imprisoned, and fined, 8 H. 6. 5. & P Yarn 4.

2. If any shall buy wooll but of the owner of the Sheep and Tyth, he shall lose the value thereof, E. 4. R. 2. 4, & P. 1.

Notes

• * 1.1

  An alehous keeper per∣mitting any to continue drinking in 〈◊〉〈◊〉 house.
• * 1.2

  Nota.
• * 1.3

  A drun∣kard.
• * 1.4

  Nota.
• * 1.5

  ••owes and Arrows.
• * 1.6

  Arrow. ••eads.
• * 1.7

  ••orfeit 〈…〉〈…〉. s.
• * 1.8

  Ride or go armed.
• * 1.9

  Imbezel the Kings armour.
• * 1.10

  Recusants armour.
• * 1.11

  Artificers conspiring for the or∣der of their work.
• * 1.12

  Nota.
• * 1.13

  Lying in Wa••t.
• * 1.14

  〈◊〉〈◊〉 break the Assize, the 1, 2, 3, time he shall be amerced.
• * 1.15

  To whom & and where a Badgers License shal be made.
• * 1.16

  Regrating or ingros∣sing of Bark
• * 1.17

  At what time trees to be bar∣ked, shal be felled.
• * 1.18

  VVho shall take order for Bastar∣dy.
• * 1.19

  Refusing to perfo••m the order.
• * 1.20

  Nota.
• * 1.21

  The punish∣ment of the Mother.
• * 1.22

  Nota▪
• * 1.23

  Quaere.
• * 1.24

  Nota.
• * 1.25

  No Brewer shall be a Cooper.
• * 1.26

  The prices of Ale and Beer.
• * 1.27

  Nota.
• * 1.28

  None shall sell drink to an ale∣bouse keep∣er unlicen∣sed.
• * 1.29

  Buggary.
• * 1.30

  Burglary.
• * 1.31

  Kill not weanling 5.
• * 1.32

  Selling measled or morein flesh.
• * 1.33

  Souldier making a∣way his horse or harness.
• * 1.34

  Absenting from the Musters.
• * 1.35

  Felony in Souldiers.
• * 1.36

  Certificate.
• * 1.37

  Not repa∣ring to the Church.
• * 1.38

  Common fin.
• * 1.39

  Weights & Mea∣sures.
• * 1.40

  Refusing to pay wages.
• * 1.41

  Linnen Cloth.
• * 1.42

  Conjuration or VVitch∣craft where by any per∣son is killed or lamed.
• * 1.43

  Declaring where things be hidden for procuring unlawul love.
• * 1.44

  First of∣fence.
• * 1.45

  Second of∣fence.
• * 1.46

  Prophesy∣ing.
• * 1.47

  VVhoought to be chosen Constables
• * 1.48

  The duties of consta∣ble••s.
• * 1.49

  Escape.
• * 1.50

  Purveyor.
• * 1.51

  Labourers in Harvest
• * 1.52

  Search for Rogues, & convey them to the house of correcti∣on.
• * 1.53

  Apprehend Rogues as be, and pu∣nish them.
• * 1.54

  Outland sh Rogues.
• * 1.55

  Refusing to receive Rogues to convey them.
• * 1.56

  Nota
• * 1.57

  Hedge break••rs.
• * 1.58

  Plague.
• * 1.59

  Drunk〈…〉〈…〉
• * 1.60

  Ale-house keepers.
• * 1.61

  Vnlawfull Games.
• * 1.62

  Poor chil∣dren Ap∣prentices.
• * 1.63

  Present Re∣cusants.
• * 1.64

  VVatches set and kept
• * 1.65

  Affray.
• * 1.66

  Highwaies.
• * 1.67

  Prisoners.
• * 1.68

  Maimed Souidiers.
• * 1.69

  Houses of correction.
• * 1.70

  The prizes of Vessels.
• * 1.71

  The con∣tents of ale and beere Vessels.
• * 1.72

  Marking of Vessels.
• * 1.73

  Sope Ves∣sels.
• * 1.74

  Diminish∣ing of Ves∣sels.
• * 1.75

  Seed corn.
• * 1.76

  Refusing to do his Office.
• * 1.77

  His fee.
• * 1.78

  Inmates.
• * 1.79

  Eseape of a Murtherer,
• * 1.80

  Nota.
• * 1.81

  Escheators see.
• * 1.82

  A place ap∣pointed for a hors-fair.
• * 1.83

  Nota.
• * 1.84

  〈…〉〈…〉be Seller must be 〈◊〉〈◊〉 ••own.
• * 1.85

  Taking Pheasants & Partrid∣ges with snares.
• * 1.86

  Taking them in the night.
• * 1.87

  Destroying certain games and their egs.
• * 1.88

  Tracing Hares
• * 1.89

  Taking Pheasants or Partrid∣ges with setting-dogs.
• * 1.90

  Note W〈…〉〈…〉 may take Pheasants. & Partrid∣ges, when and where.
• * 1.91

  Selling of pheasant, partridge, Deer, or Hare.
• * 1.92

  Hawking of Phea∣sant or pa∣tridges.
• * 1.93

  Keeping Grey∣bounds, set∣ting dogs and nets.
• * 1.94

  Taking of Salmons.
• * 1.95

  Taking of spawn.
• * 1.96

  Salmons & trouts out of season.
• * 1.97

  Nota.
• * 1.98

  Destroying of any pools or fishings.
• * 1.99

  Concerning fish dayes, and the eating of flesh in L••n••.
• * 1.100

  Degrees of Force.
• * 1.101

  Forcible Entry.
• * 1.102

  Forcible entry; or forcible de∣taining of Lands.
• * 1.103

  Three years possession.
• * 1.104

  Each man shal help to remove force.
• * 1.105

  VVho is a Forestaller
• * 1.106

  VVho is a Regrator.
• * 1.107

  VVho is an Ingrosser.
• * 1.108

  VVho may Regrate. Ingrosse &
• * 1.109

  The punish∣ment of the offender.
• * 1.110

  Live cattle.
• * 1.111

  Forestal∣ling of hides.
• * 1.112

  Bark.
• * 1.113

  Wool.
• * 1.114

  Leather.
• * 1.115

  Against whom sure¦ties of the good beha∣viour may be granted.
• * 1.116

  Keeping & shooting in Guns, &c.
• * 1.117

  The length of a hand∣gun, hag, but demi∣hake.
• * 1.118

  Who may take away the Gnn or Crosbow from the offender.
• * 1.119

  Shooting in a City or Market.
• * 1.120

  The master comman∣ding the Servant to shoot.
• * 1.121

  Not••.
• * 1.122

  Every man may arrest an offender
• * 1.123

  Hail shot.
• * 1.124

  Who may keep for shoot in guns.
• * 1.125

  Shooting at Fowles, or hares.
• * 1.126

  Licence to shoot at hawks
• * 1.127

  Hawking at unseaso∣nable times
• * 1.128

  Hawking in Corn.
• * 1.129

  Taking Hawks or their egges out of ano∣thers ground.
• * 1.130

  Take or fear hawks
• * 1.131

  Bearing of English hawks.
• * 1.132

  Conceasing of hawks lost.
• * 1.133

  Taking herons.
• * 1.134

  Shooting at heronswith gun or bow
• * 1.135

  By whom, and when Surveyors shal be chosen, six dayes.
• * 1.136

  Surveyor, refusing his office.
• * 1.137

  The charge of a plow-land.
• * 1.138

  What is a plowland.
• * 1.139

  Two men instead of a carriage.
• * 1.140

  Cottager.
• * 1.141

  Casting soyle into the high∣way.
• * 1.142

  Sluces to convey the water into the ditch.
• * 1.143

  How and by whom the said pe∣nalties shal be levyed, and im∣ployed. The wayes shal be 200•• foot broad.
• * 1.144

  Bridges.
• * 1.145

  Notae.
• * 1.146

  Nota.
• * 1.147

  Nota.
• * 1.148

  Horse-stea∣lers.
• * 1.149

  Huy and Cry must be made.
• * 1.150

  Hunting Conies in the night in any Park or VVerren.
• * 1.151

  Quaerel
• * 1.152

  Hunting in the night disguised.
• * 1.153

  Helony.
• * 1.154

  Trespass in Parks.
• * 1.155

  Buckstalls.
• * 1.156

  Keeping of grey hounds setting dog or Nets.
• * 1.157

  None shall hunt but he that hath sufficient living.
• * 1.158

  Notae.
• * 1.159

  Selling deer or bare.
• * 1.160

  Tracing or shooting at Hares. Hunting in Corn.
• * 1.161

  VVithin what time the offen∣ders shal be sued.
• * 1.162

  Juror take∣ing reward to give his verdict.
• * 1.163

  No juror returned without his addition.
• * 1.164

  Gathering issues not due.
• * 1.165

  The suffi∣ciency of jurors, to enquire of forcible entry. Sufficiency of jurors to enquire of a Riot, Rout, &c.
• * 1.166

  Nota.
• * 1.167

  VVhat per∣sons shall not be retai∣ned under a yeer.
• * 1.168

  Refusing to se ve.
• * 1.169

  〈…〉〈…〉ing or taking wa∣ges contra∣ry to the Statute.
• * 1.170

  Putting a∣way a ser∣vant.
• * 1.171

  The Ser∣vant depar∣ting from his master.
• * 1.172

  Servants-shal not de∣part into o∣••aer towns without te∣stimoniall.
• * 1.173

  No servant shall be re∣lieved with∣out shew∣ing his te∣stimoniall. Counterfeit test monial, Nota.
• * 1.174

  Vnderta∣king work and not fi∣nishing it.
• * 1.175

  VVomen cempelled to serve.
• * 1.176

  Servants imbezel∣ling their Masters goods
• * 1.177

  Taking Ap∣prentices contrary to the Statute.
• * 1.178

  None shall occupy any draft, but which he hath bin an apprentice.
• * 1.179

  A remedy for an ap∣prentice misused by his Master.
• * 1.180

  Nota.
• * 1.181

  Nota.
• * 1.182

  Larceny.
• * 1.183

  Petty Lar∣ceny.
• * 1.184

  VVho may be a tanner. A Tanner shall not be a cutter of Leather.
• * 1.185

  How hides shalbe used in vanting.
• * 1.186

  Curriers.
• * 1.187

  A Currier shall not use any o∣ther trade cutting lea∣ther.
• * 1.188

  VVithin what time leather shal be curried.
• * 1.189

  The penalty for not ap∣pointing Searchers.
• * 1.190

  A Searcher omitting his duty, or taking bribes.
• * 1.191

  Denying of the office.
• * 1.192

  Denying of Search.
• * 1.193

  Selling lea∣ther not re∣gistred.
• * 1.194

  Buying lea∣ther not sealed or registred.
• * 1.195

  Shoomaker.
• * 1.196

  Mayme.
• * 1.197

  Mainte∣nance in∣quiry of ri∣ots, Routs, &c. Forcible entries by mainte∣nance. Mainte∣nance of suits.
• * 1.198

  Nota.
• * 1.199

  Champer∣tors.
• * 1.200

  Embracers:
• * 1.201

  Chance∣medley.
• * 1.202

  Se defen∣dendo.
• * 1.203

  Nota.
• * 1.204

  Nota.
• * 1.205

  Murder.
• * 1.206

  Poisoning.
• * 1.207

  Stabbing.
• * 1.208

  Malt to be theee weeks in the whole time of making.
• * 1.209

  Nota.
• * 1.210

  The number of Malsters may be re∣strained.
• * 1.211

  A cow shal be kept for 60. sheep.
• * 1.212

  A Cow for i0. Bea〈…〉〈…〉s feed, & for every two kine a Calf.
• * 1.213

  The day for all Mortua∣ries.
• * 1.214

  To marry the former husband or wife living is felony.
• * 1.215

  In what place pew∣ter ought to be sold.
• * 1.216

  Mainte∣nance of houses for unlawfull games.
• * 1.217

  Playing as unlawfull games.
• * 1.218

  Person pro∣hibited to play at un∣lawfull games.
• * 1.219

  Overseers of the poor.
• * 1.220

  The punish¦ment of thosewhich wil not work.
• * 1.221

  The forfei∣tures for not naming Overseers.
• * 1.222

  ••isturb Preachers.
• * 1.223

  Nota.
• * 1.224

  Saying or singing Mass.
• * 1.225

  Licences to such per∣sons.
• * 1.226

  Goalers 〈◊〉〈◊〉, handling their priso∣ners straitly
• * 1.227

  Reliefe of prisoners.
• * 1.228

  Breaking prison.
• * 1.229

  Escape, re∣scues.
• * 1.230

  Bailement of prisoner
• * 1.231

  Persons not baylable.
• * 1.232

  Two Iusti∣ces.
• * 1.233

  Taking ward, &c.
• * 1.234

  By what measure purveyors 〈◊〉〈◊〉 take.
• * 1.235

  When pur∣veyors shal fel timber.
• * 1.236

  Felony in Purveyors.
• * 1.237

  Nota.
• * 1.238

  Charter.
• * 1.239

  Ravish a Maid, &c.
• * 1.240

  Abusing children under ten yeares.
• * 1.241

  Taking a woman a∣gainst her will.
• * 1.242

  Keeping Recusants in his house
• * 1.243

  Keeping Schoole∣master.
• * 1.244

  Abjurgati∣on.
• * 1.245

  Popish Reliques.
• * 1.246

  Iesuites.
• * 1.247

  Taking stoln goods again.
• * 1.248

  The forfei∣tures of the Iustices which do not execute this Stat.
• * 1.249

  The num∣ber which make a Ri∣ot, &c. VVhat makes an unlawfull assembly.
• * 1.250

  〈◊〉〈◊〉 Rut.
• * 1.251

  Arrest Ri∣oters.
• * 1.252

  Riot.
• * 1.253

  Enquiry of Riots. &c.
• * 1.254

  Certifying of a Riot.
• * 1.255

  The punish∣ment of Riots.
• * 1.256

  Each man shall help to repress Riots.
• * 1.257

  A Iury to enquire of Riots, &c.
• * 1.258

  Maintai∣nance whereby a Riot is not found.
• * 1.259

  Vnlawfull assemblies.
• * 1.260

  Disclosing a commotion wherin one is moved.
• * 1.261

  Rebellious Assembly.
• * 1.262

  Theft.
• * 1.263

  Robbery.
• * 1.264

  Highway.
• * 1.265

  House.
• * 1.266

  Tent or booth.
• * 1.267

  Robbing a∣any part of any house by day, of the value of 5.
• * 1.268

  Church or Chappell.
• * 1.269

  Transpor∣ting sheep.
• * 1.270

  Estrcals shall be shewed to the party and rooted.
• * 1.271

  Iustices shall view the Sheriffs estreats.
• * 1.272

  Indictment takenin the Sheriffs Turn shall be delive∣red to the red to the Iust. of Peace.
• * 1.273

  The prepa∣ration of the earth for making tile.
• * 1.274

  The length, breadth, & thickness of tile.
• * 1.275

  Searchers of tile.
• * 1.276

  He that hath license to transport corn, shall lade it in one place.
• * 1.277

  Lawfull to transport Corn and Beer.
• * 1.278

  High trea∣son.
• * 1.279

  The punish∣ment.
• * 1.280

  Premunire
• * 1.281

  Misprison.
• * 1.282

  The punish∣ment.
• * 1.283

  Petty trea∣son.
• * 1.284

  The punish¦ment.
• * 1.285

  The forfei∣tures.
• * 1.286

  The surplu∣sage of the stock.
• * 1.287

  VVho shal beadjudged incorigable bohues to br burned.
• * 1.288

  VVho shall be adjud∣ged Vaga∣bonds and Rogues.
• * 1.289

  VVho shall be adjud∣ged a felon
• * 1.290

  Rogues ought to be conveyed from parish to parish.
• * 1.291

  Outlandish Rogues.
• * 1.292

  Every per∣son shal ap∣prehend rogue.
• * 1.293

  Corrupt Victualls.
• * 1.294

  Victuall shal be sold at reasona∣ble prize.
• * 1.295

  Selling wares, and buying them again
• * 1.296

  Nota.
• * 1.297

  ••one shall 〈…〉〈…〉ey or sell 〈…〉〈…〉t with ••eigbts & ••easures 〈…〉〈…〉gned and 〈…〉〈…〉inted.
• * 1.298

  Common weights.
• * 1.299

  Officers shall view & examine weights.
• * 1.300

  Seale weights
• * 1.301

  False VVeights.
• * 1.302

  Countter∣ters of VVeights.
• * 1.303

  Taking, or destroying the egges of VVild Fowle.
• * 1.304

  Denying to sel VVine at the prices assessed.