Lavv, or, a discourse thereof in foure bookes. Written in French by Sir Henrie Finch Knight, his Maiesties Serieant at Law. And done into English by the same author.

Statutes.

1. E. 3. cap. 16. Stat. 1. For the better keeping and maintaining of the peace, the King will that in euery Countie good men lawfull, which be not maintainers of ill, or barrettors in the Countie, shall be assigned to keepe the peace.

18. E. 3. cap. 2. Stat. 2. Two or three of the best in reputation in the Counties shall bee assigned keepers of the peace by the Kings commission, and at what time need shall be, the same with other wise and lear∣ned in the Law shall bee assigned by the Kings commission, to heare and determine felonies and trespasses done in the same Counties.

34. E. 3. cap. 1. In euerie Countie of Eng∣land shall be assigned for the safe keeping of the peace a Lord, and with him three or foure of the most worthy men in the coun∣tie, with some learned in the Law, and they shall haue power to distreine euill doers, riotors and barrettors, and to pursue, arrest, take, and chastice them according to their trespasse and offence, and to do them to bee imprisoned, and duely punished according to the Law and customes of the Realme, and according to that to them shall seeme best by their discretions and good aduise∣ments,

and also to enforme themselues, and to enquire of all those that haue beene pil∣lers and robbers in the parties beyond sea, and be now come againe, and go wandring and will not labour as they were wont in times past. And to take and arrest all those that they may find by enditement, or by suspition, and to put them in prison, and to take of all them that bee not of good fame (whersoeuer they shall be found) suf∣ficient suretie and mainprise for their good abearing towards the King, and towards his people, and to punish the other duely, to the intent that the people be not by such riotors troubled and endamaged, nor the peace blemished, nor Marchants nor other passing by the high wayes of the Realme, disturbed, nor put in feare by the perill which might happen to them by such euill doers. And also to heare and determine at the Kings suits all manner of felonies and trespasses done in the same Countie, accor∣ding to the lawes and customes aforesaid.

13 Ric. 2. cap. 7. They must be sworne to keepe and put in execution all the Statutes and ordinances touching their offices.

2. H. 5. cap. 4. Stat. 1. The Iustices of peace must make their Sessions foure times by the yeare, that is to say, in the first weeke after the feast of Saint Michael, in the first weeke after the Epiphanie, In the first weeke after the clause of Easter, and in the

first weeke after the translation of S. Tho∣mas the Martyr, (which is the 7. Iulij) and more often if need be. And that the same Iustices hold their Sessiions throughout the whole Realme of England in the same weeks, euery yeare from hencefotth.

2. H. 8. ca. 5. Iustices of peace from hence∣foorth to be made in the Counties of Eng∣land, shall be made of the most sufficient persons dwelling in the same Counties, by the aduise of the Chancellor, and of the Kings Councell, without taking other per∣sons dwelling in forreine Countries, to oc∣cupie such office, except the Lords and the Iustices now named, and to be named by the King and his Councell. And except also the Kings high Stewards of the lands and seigniories of the Duchie of Lanca∣ster, in the North and South parts, for the time being.

18. H. 6. cap. 11 None shall bee assigned Iustice of peace if he haue not lands to the value of xx. l. by yeare. This extendeth not to Townes corporate, Boroughes, &c. nor to persons learned in the Law.

1. Mar. cap. 8. No Sherife shall exercise the office of a Iustice of peace by force of commission, or otherwise in the same county during the time onely that he exer∣ciseth the office of the Sherifewicke.

Any (a) 1.1 man suspecting another of a fe∣lonie

committed or but (b) 1.2 intended, •••• where one lyeth in waite to rob the people that passe by, and draweth his sword vpon one willing him to deliuer his purse, &c. may arrest him (c) 1.3 so as thereupon he com∣mit him to the gaole, as (d) 1.4 common voice and fame that he did the fact, or being pre∣sent where a murder was done, and found with a sword drawne in his hand: or when a robberie was done, and found with some part of the goods; are iust causes of suspiti∣on. So if I would arrest one that hath rob∣bed me, and I. S. say I shall not, this is good cause to suspect I. S. as accessarie: and what is sufficient cause of suspition, and what not shall be tried by the Iustices. But (a) 1.5 neither can any man arrest one for a Trespasse, vnlesse it be the Constable, nor for a felonie, except (b) 1.6 himselfe suspect the partie (though hee doth it by the comman∣dement of one that doth suspect him) and that the same felony bee indeed commit∣ted.

As if it bee for robberie, the selfe same thing must be stolne: for to say, that diuerse * 1.7 beeues were stolne, and because he suspected I. S. to haue stolne sixe beeues, he did arrest him, is not good, without alledging expres∣ly, that those six beeues were stolne.

With enditements of Trespasse, infor∣mation vpon penall Statutes (such as in∣flict a pecuniarie mulct or other penaltie vpon offendors) haue a neare affinitie. Concerning which informations, these

Statutes following were made.

Notes

• (a) 1.1

  9. E. 4. 26.
• (b) 1.2

  9. E. 4. ibid.
• (c) 1.3

  20 E. 4. 6.
• (d) 1.4

  11 E. 44.
• (a) 1.5

  9 E 4 ibid.
• (b) 1.6

  11 E. 4. ibid.
• * 1.7

  27 H. 8. 3.