The Compleat justice. Being an exact and compendious collection out of such as have treated of the office of justices of the peace, but principally out of Mr. Lambert, Mr. Crompton, and Mr. Dalton. / Now amplified and purged from sundry errors which were in former impressions thereof. ; Whereunto are added the resolutions of the judges of assises in the year 1633. ; Together with a compendious charge to be given at the quarter-sessions, not in print till this year 1661.

Calves and Kine.

ANy killing Calves to sell under five weeks old, lose for every one 6 shillings 8 pence, 1 Jac. 22.

Any feeding in his own ground fit for milch-Kine, wherein none hath common, above 120 Sheep more then for his own provision, must raise one Calf for every 60 Sheep, or lose 20 shillings a moneth for each Calf, & keep one milch-Cow for every ten Oxen, Runts, &c. so fed, if he feed above twenty. And for every two milch-Kine must rear one Calf yearly, except it die, upon the like pain, 2 & 3 P. & M. c. 3. 13. El. c. 25. 7 Jac. c. 8. Lamb. 453.

Offences against this statute are determi∣nable at the Quarter Sessions.

Captains.

Any Muster-masters taking reward for dis∣charging any from service, lose ten times so much, or 20 li. 2 E. 6. c. 2. Lamb. 482, 483.

Captain••, or others, having the charge of men for war, keeping back part of their pa•• lose to their souldier treble so much as is no•• pa••d: or for licencing any to depart, lose ten times the gain, 2 E. 6. ibid.

Vide plus Travelling.

Castle, vide Felony.

.

Cattel.

Buyer of live Oxen, Runts, Steers, Kine, Calves, Sheep, Lambs, Kids and Goats, if he sell them within five weeks after, loseth the double, 5 E. 6. c. 1••. Lam. 452 Vide Badgers.

Certificate.

Recognizance and release of the Peace arrow_forward both are to be certified at the next Quarter Sessions, 3 H. 7. ca. 1. but no pain by the Statute to the Justice if he do not, Lam. 111. Dal. 177. Cro. 139. a. nu. 11.

One that is bound to the arrow_back Peace arrow_forward , maketh de∣fault at the day of his appearance, the Recog∣nizance with the record of the default of his appearance must be certified into the ••xche∣quer, Kings Bench, or Chancery: So if it be presented that he hath broken the arrow_back Peace arrow_forward , Lam. 589.

Sheriff must certifie to the Justices at the next Sessions, in dictments lawfully found and

taken at his turn or law-day, 1 E. 4. c. 2. the penalty is 40 pound.

Clark of the Crown must certifie the names of any that have been out-lawed of felony, or Clarks convicted or attainted upon the letter of a Justice of arrow_back Peace arrow_forward , or lose 40 shillings 34 H. 8. c. 14.

Transcript of every attainder, out-lawry, or conviction had before the Justices of P. must be certified into the Kings Bench by the Clark of the arrow_back Peace arrow_forward within 40 daies after the attain∣der if it be in Term; if not, within 20 daies af∣ter the beginning of the next Term, on pain of 40 shillings, 34 H. 8. c. 14. Clark of the arrow_back Peace arrow_forward must certifie to the Ordinary a tran∣script of the Clarks convicted or attainted, 34 H. 8. cap. 14. Quaere, because by 18 El. c. 6 no delivery to the Ordinary, Lam. 588.

Custos Rotulorum of the County where one is attainted as principal of felony, upon wri∣ting of the Justices of the Gaol-delivery or Oyer & Terminer of another County where one is accessary unto the other, must certifie what is done with the principal, 2 E. 6. c. 24. Lam. 588, 589.

Where the Justices are to receive indict∣ments, and no power to proceed upon them, they must certifie them into the Kings Bench without Certiorari, Lam. 589.

Abjuration of a seditious sectary made in open Quarter Sessions, must be certified at the next Assizes unto the Justice of Assize, 35 El. c. 1. Lam. 590.

Presentment that goods and cattles of one attainted of felony be in others hands, it is to be certified in the Kings Bench, or Exchequer Lam. 590.

Recognizance of an Alehouse-keeper must be certified at the next Quarter Sessions after the taking, or the Justice loseth five Marks, 5 E. 6. c. 25.

Certificates of dockets of Purveyors, vide Purveyors.

Certificates of transcripts of Records of the Sessions into the Kings Bench, vide Clarks of the arrow_back Peace arrow_forward .

Certificate of Riots, vide Riots.

Certificate of Certiorari, vide Certiorari,

Certificate of Examinations, vide Exami∣nations.

Vide plus Recognizance.

Certiorari.

Certiorari is to remove indictments or o∣ther Records to be fully heard, where the Ju∣stices cannot proceed; or be reversed, where they have proceeded erroniously, Lam. 591.

A Certiorari issueth out of the Chancery, and the Records are removed thither, and sent th••ther by Mittimus to any other Court, Lam. 591.

Certiorari to remove matters of the Crown, need not contain the cause of the re∣moving Lam. 514.

Certiorari into the Chancery, hath in Can∣cellaria, into the Kings Bench, nobis mittatis, Dal. 416. Cro. 132. a.

Certiorari may command either the Record it self, or the tenour of the Record, Cro. 131. b. Lam. 515. Dal. 416.

Certiorari is to be directed to the Justices, Lam. 515.

Justices of arrow_back Peace arrow_forward ought upon Certiorari to

remove the Record, though the party that brought the Certior. sueth not after to have it removed, Da. 416. Cro. 132. b. & 133. a. La. 516.

An Indictment may be removed upon a Certiorari bearing date before the Indictment was taken, Dal. 417. Cro. 132. b. 164. b. 167. b. Lam. 510.

A certificate of a Certiorari ought not to o∣mit that which did authorize the Justices to make the record, neither ought they to cer∣tifie more then the Certiorari warranteth them, Lam. 516.

If the Certiorari vary from the Record, the Justices need not to certifie, Cro. 132. b. Dal. 416.

A Certiorari is to send up the Indictment of A. in which others are joyntly indicted, the Justices need not make certificate of any but of A. only, Cro. 132. a. Lam. 517. Dal. 416.

A Justice may without Certiorari send into the Kings Bench a Recognizance of the arrow_back Peace arrow_forward , an Indictment found before him, or a force recorded before him, Dal. 416. Cro. 132. b. 133. b. but not without Certiorari, if he be put out, ibid.

No bills of indictment, riot, forcible entry, assault, or battery found at the Quarter Sessi∣ons, shall be removed by Certiorari, unless it be delivered in open Quarter Sessions, and the indicted bound in ten pound to the prosecu∣tor, with such sureties as the Justices shall al∣low, to pay within one moneth after the con∣viction of the indicted to the prosecutor such costs and damages as the said Justices shall al∣low, otherwise the Justices to proceed to trial, 21 Jac. ••. 8. Dal. 219, 220.

Vide plus, Certificate and Justices of arrow_back Peace arrow_forward .

Challenge.

One indicted of felony, may challenge as many as he will, shewing cause: but without cause he may not challenge above twenty, 22 H. 8. c. 14 Lamb. 554. 28 H. 8. c. 1.

What shall be a good challenge of a Juror.

That he was an indictor of him, Lam. 554.

That he hath no lands to clear yearly value of 40 shill. Lam. 554.

In Cities and Borroughs, that he hath no goods moveables worth 40 pound, Lam. ibid.

That he is not Probus & L••galis, as, if he be attainted of felony, forgery, perjury, &c. Lamb. ibid.

Champerty.

Champerty is when one for hope of having part of the thing in variance, moveth or causeth the suit to be moved at his own cost, and for it he is to be sined, 33. E. c. 1. Lam. 441.

Chance-medly, vide Homicide.

.

Chastisement, vide Correction.

.

Church and Church-yard.

Maliciously to strike with a weapon in the Church or Church-yard, or to draw a wea∣pon to that end, is loss of one of his ears, or having no ears, to be marked on his cheek with the letter •••• 5 Ed. 6. 4. Lamb. 419.

To kee•• Fair or Market in the Church-yard, 〈…〉〈…〉. c. 6. 〈…〉〈…〉.

Conviction of any upon the statute, 5 Ed. 6. c. 4. may be by the Justices of arrow_back Peace arrow_forward at their Quarter Sessions, by verdict, testimony of two, or by confession, 5 Ed. 6. c. 4.

Execution of the forfeiture upon the stat. of striking in Church-yards, to be awarded by the Justices of arrow_back Peace arrow_forward before whom the conviction, 5 Ed. 6. c. 4.

Church-Wardens.

Church-wardens and Constables, or one of them, or where none be, the Constable of the Hundred, must once every year present at the Quarter Sessions the monethly absence from Church of Popish Recusants, and the names of every of their children of 9 years old and above, abiding with their parents, & as neer as they can the age of their children, and the names of such Recusants servants, 3 Jac. c. 4. Lam. 437. penalty 20 shill. Vide Recusants.

Church wardens are to gather for the priso∣ners. Vide Prisoners.

Church wardens and Overseers of the poor are yearly to make accompt to two Justices, whereof one ought to be of the Quorum, viz.

• 1. Of all sums received by them rated or not received.
• 2. Of such stock as they or any of their poor have in their hands, 43. El. c. 2.
• 3. What Apprentices they have put out.
• 4. What poor they have set to work or re∣lieved.
• 5. What poor they have suffered to wander and beg.
• 6. If they have monethly met to take order 〈…〉〈…〉.

• 7 If they have assessed the inhabitants and occupiers of lands &c. in their Parish, and such as are of ability, with indifferency.
• 8 If they have endeavored to levy and ga∣ther such assessments, Dal. 96. Defaults in any the premisses is 20 shillings, ibid.

Two such Justices may make their warrants both to the present & subsequent Church-wardens and overseers to levy all sums and arrerages of every one that shall refuse to contribute according to the assessment. And in default of distress commit them to the Gaol till paiment be made, Dal. 95.

Church-wardens and Overseers refusing to make a true accompt to the Justices of all such sums of money, or denying to pay the arrerages, to be committed to the Gaol with∣out bail till accompt made, and the arrerages paid, to the new Overseers, Dal. 96.

Church-wardens and Constables yearly up∣on Tuesday or Wednesday in Easter week, must call together the Parishoners.

And first chuse Surveyors for the high∣waies, Dal. 67. 3 P. & M. c. 8.

2 Appoint six daies for that purpose, to be before Midsummer next following, Dal. ibid.

3 Give notice of the said six daies openly in the Church the Sunday after Easter, Dal. ibid.

Clark of the arrow_back Peace arrow_forward .

Clark of the arrow_back Peace arrow_forward must be present at the Sessions, to read indictments, and inroll the acts of the Sessions, as also to draw Process, Lam. 393.

Clark of the arrow_back Peace arrow_forward must record Proclama∣tions for the rates of servants wages, and in∣roll

the discharge of apprentices, 5 El. c. 4. ib.

He must keep the counterpane of the In∣••enture of armour, 4 & 5 P. & M. c. 2. Re∣••ealed by 1. Jac. 25. circa finem.

And the books of licences given to Badges ••nd Loaders of corn, 5 El. c. 12. Lam. 393.

And of those that are licensed to shoot in ••uns, 2 Ed. 6. c. 14.

He must certifie into the Kings Bench tran∣••cripts of indictments, out lawries, attainders, and convictions had before the Justices of arrow_back Peace arrow_forward within the time limited, under the pain of 40 shill. 34 H. 8. c. 14. Lam 588, & 593.

Recognizance of the arrow_back Peace arrow_forward is brought into the Custos Rotulorum, and if the party grieved will not sue it, the Clark of the arrow_back Peace arrow_forward may call upon it for the King, Lam. 394. 2 H. 7 c. 1.

The office of the Clark of the arrow_back Peace arrow_forward is in the gift of the Custos Rotulorum, 37 H. 8. c. 1. Lam. 394.

What Records the Clark of the arrow_back Peace arrow_forward is bound to certifie.

Vide Certificate.

The Clark of the arrow_back Peace arrow_forward his fees.

Vide Fees.

He must record presentments for not com∣ing to Church, & the certificate of not taking the oath of ••llegence, 3 Jac. ca. 4. Lam. 393.

Clark of the arrow_back Peace arrow_forward is Clark to the Justi∣ces, as the Statute 12 R. 2. cap. 10. nameth him, and not Clark to the Custos Rotulorum onely, Lam. 394.

Clark of the arrow_back Peace arrow_forward may exercise his place by himself, or by his deputy, sufficiently in∣structed in the Law, and admitted by the Custos Rotul••rum. Lam. ibid.

Clark of a Justice his fees, v. Fees.

.

Clark of the Crown, what Re∣cords he ought to certifie, vide Certificate.

.

Clark of the Market.

Clark of the Market taking money to dis∣pence with faults, riding with more then six horses, tarrying longer then is necessary, lo∣seth for the first offence 100 shillings, for the second 10 pound, for the third 20 pound, 13. R. 2 c. 4. Clark of the Market may take no money for any bills. He ought to seal no Bushel but once. After the first sealing to take any thing is extortion, Dal. 150.

Clergy and Sanctuary.

One Justice of the arrow_back Peace arrow_forward may take out of the Sanctuary him that is abjured thither, being indited of any offence punishable by death done after he is become a Sanctuary-man, and may commit him to the Goal in the County where the inditement is found, till he be tri∣ed, 22 H. 8. c. 14.

In what offences Clergy is not allowable.

Breaking a house by day, and taking away any thing to the value of 5 shillings, 39. El. c. 15. Lam. 564., 56••.

Conjurors or witches, their aiders and

counsellers, 5 El. c. 16. Lam. 564. 1. but 1 Jac. c. 12. repealeth 5 El. c. 16.

Receivers or aiders of Seminary Priests or Jesuites, 27 El. c. 2. Lamb. 563.

Conspiring to burn, take, or raze any Ca∣stel or Bulwork of the Kings, 14. El. c. 1.

Rape or Ravishment, 18 El. c. Lam. 564.

Burglary, 18 El. c. Lam. 564.

Carnally abusing a woman within the age of ten years, Lam. 564. 18 El. c. 6.

Principal or accessary before the fact of taking away of a maid, widdow or wife, that hath lands or substance, &c. 3 H. 7. c. 2. & 39. El. c. 9. Lam. ibid.

Buggery, 5 El. c. 17. Lam. 564.

Murderer, Lam. ibid.

Poisoner of malice prepensed, Lam. ibid.

Robbing in day, or nigh a high-way, Lam. ibid.

Horse-stealer, Lam. ibid.

Church-robber, Lam. ibid.

Robbing of a house, any being in it, 564.

Robbing of booth or tent, any being in it, Lam. ibid.

Commander of petty-treason, Lam. ibid.

Commander of wilful murder, Lam. ibid.

So of robbery in any dwelling house, in or near any high-way, Lam. 565.

Stabbing one who hath no weapon drawn, nor struck first, if he die thereof within six moneths, 1 ••ac. c. 8. Lam. 565.

To burn any dwelling house or any part thereof, Lam. ibid.

To burn any bath having any corn in it, 〈…〉〈…〉

Reporting false rumours against the King, devising or writing seditious or slanderous matter against the King, 23 El. c. 2.

Souldiers departing without licence of their Captain, Lam. 565.

Souldiers or Mariners which wander beg∣ging, 39. El. c. 17.

Or exceed the time of their licence, ibid.

Or forge, or use forged licence, knowing it, ibid.

The second conviction for forging false deeds, 5 El. c. Lam. 566.

Privily to take away goods or money a∣bove 12 pence from the person of another, 8 El. c. 4. Lam. 566.

Calling himself an Egyptian, or keeping them company contrary to the statutes, 1 & 2 P. & M. c. 4. 5 El. c. 20. Lam. 566.

A confined Recusant resuseth to abjure the Realm, or will not go, or returneth without licence, 35 El. c. 1, 2.

To acknowledge any fine, recovery, deed inrolled, statute, recognizance, bail, or judgement, in the name of another not privy thereunto, 21 Jac. c. 26. Dal. 276.

To what persons Clergy is grantable.

To a bastard. To bigamus.

To whom not grantable.

Women, vide Women.

One that hath had it formerly, except he be within holy Orders, 1 E. 6. c. 12. Lam. 563▪

In what cases Clergy is allowable

Clergy shall be allowed in all cases, saving

such as are mentioned 1. E. 6. c. 12. or especially ••ince that time taken away, Cro. 118. nu. 33.

Clergy shall be allowed but once, 4 H. 7 c. 13. Lam. 563. except he be within orders, Cro. 118. a. nu. 36.

A Woman convicted of felony above 12 pence, and under 10 shillings, where in a man may have his Clergy, shall be burnt in the hand with T. and whipped, 21 Jac. c. 6.

Upon an attainder by outlawry, Parlia∣ment, standing mute, challenging perempto∣rily above twenty, where the statute taketh it away upon conviction by verdict, vide Lam. 567. if Clergy shall be denied.

Justices of arrow_back Peace arrow_forward may give Clergy to a felon, if the Ordinary be present? but they cannot fine the Ordinary for his absence, but must re∣prieve the prisoner Lam. 551. vide Ordinary.

If the Enditement doth not directly agree with the words of the statute that taketh a∣way Clergy, the prisoner may have his Cler∣gy, Lam 566.

After conviction and Clergy allowed, and the party burnt in the hand, he may be indi∣cted of another felony, Lam. 559. 18 Eliz. cap. 6.

Where any man hath priviledge of Clergy as a clerk convict, & also in all cases of felony wherein the benefit of Clergy is restrained, excepted, or taken away by statute (wilfull murder & poisoning of malice prepensed ex∣cepted) any Lord of the Parliament, or Peer of the Realm sitting in Parliament, shall, upon his request and prayer, alledging that he is a Lord or Peer of the Realm, though he cannot read, without burning in the hand, loss of in∣heritance,

or corruption of blood, be adjudg∣ed for the first time onely as a Clerk convict, 1 Ed. 6. c. 12. but in all other cases, wherein Clergy is taken away by any statute since, 1 E. 6. he is in the same degree as a common person, P. R. 213. vide Ordinary.

Cloth.

Every Justice beyond Trent hath some pow∣er in searching out the deceit of straining or stretching those country cloths, 39. El. c. 20.

Any Justice of arrow_back Peace arrow_forward next unto any Town corporate or City beyond Trent, is to joyn with the City or Town in appointing over∣seers for cloth, ibid.

Two Justices of arrow_back Peace arrow_forward must appoint yearly Overseers of cloth sold in Towns not being corporate, and swear them to see execution of that part of the statute which is yet in force, 3 E. 6. c. 2. Lam. 359. Dal. 42.

One commanded by two Justices of the arrow_back Peace arrow_forward to appear to be made an Overseer of keeping the statute of clothing, and without reasonable excuse refusing shall forfeit 40 shillings, one halfe to the two Justices, Lam. ibid.

Two Justices of arrow_back Peace arrow_forward may dispose the mo∣ny rising of deceitful cloth stretched, 39 El. c. 10.

Woollen cloth presented by a retailer thereof to two of the next Justices of arrow_back Peace arrow_forward , as defective against this statute, and the statute 4 & 5 P. & M. c. 5. they shall cause the same to be cut into three equal parts, whereof one part to the King, one part to the presenter, and the third part to the Justices themselves, 5 E. 6. c. 6. Lam. 359.

Justices of arrow_back Peace arrow_forward faultly in executing the ••tatute against the deceitful stretching of Northen cloth, lose 5 pound, 39. El. c. 20.

Clothier must set his seal of lead to the cloth ••o declare the length, to be tried by water, or be fined, 3 Ed. 6. c. 2. Lam. 469.

Cloth is not to be stretched above a yard and a halfe in length, and halfe a quarter in breadth, nor shrink more in wetting, on pain of 40 shillings, ibid.

Browns, Blews, Pewks, Tawnies, and Vio∣lets, must be perfectly boiled, grained, or maddered upon the woad, and shot with good cork or orchal, otherwise the dier loseth 20 shillings for every offence, 3 Ed. 6. c. 2. Lam. 469.

Wooll for Russets, Marbles, Graies, Baies, or for hats or caps, must be perfectly woaded, boiled, and maddered, or lose 20 shillings e∣very cloth or wooll for a cloth, ibid.

Dying with Brazill, thereby to make a false colour, is loss of 20 shillings a time, 3 E. 6. c. 2. Lam. 469.

Putting flax, chalk, starch, or other decei∣vable things upon any cloth, except Devon∣shire and Cornwal straits, loseth 40 shillings a time, Lam. ibid.

Selling cloth by less measure then after the true contents by the yard and inch, loseth six shillings eight pence a yard, ibid.

Putting to sale-cloth pressed to be used in England, Wales, or Ireland loseth the cloth or value, ibid.

Refusing to be searchers of cloth or negle∣cting to search once a quarter, loseth as the offenders, ibid.

Interrupting the search of cloth is loss of twenty pound, ibid.

Kentish cloth above six pound price, must contain betwixt 28 and 30 yards in length being wet, and 7 quarters broad within the lists, and being well dressed, must weigh 76 pound, or lose 20 shillings for want of length and breadth, and so much for wanting of four pound of the weight, 5 Ed. 6. c. 6. Lam. 470. See now 4 Jac. c. 2.

Deceit in linnen cloth, whereby it is be∣come worse for good use, is loss of cloth, fine and imprisonment for a moneth, 1 El. c. 12. Lam. 471.

Offences against the statute concerning the stretching of Northen clothes, to be presented by the Overseers at the next Quarter Sessions after the offence, and there to be heard and determined, 39 El. c. 20.

Offences of the Justices of arrow_back Peace arrow_forward in negle∣cting their duty, by not executing of the sta∣tute of deceitful stretching of Northern clothes, to be heard and determined by Just of Assize, 39 El. c. 20.

Commission of the arrow_back Peace arrow_forward .

The commission of the arrow_back Peace arrow_forward is determina∣ble at the Pr. pleasure, either by express word, implicati••, or death, or by the presence of higher power, or by occasion of another office, as to be made Sheriff Lam 66, 67, 68, &c.

If Just: sit by commission and do not ad∣journ the Sessions, the commission is void, Brook Commission, 12. Cro. 188. a.

Commission granted hac vice tantùm, is de∣termined after once sitting, if they do not ad∣journ the same, L. 71.

A new commission of the arrow_back Peace arrow_forward hac vice tan∣tùm, will determine the old, Lam. 68.

A commission of the same kind in the same limits to other commissioners without word of discharge, is a revocation of the former by implication, Cro. 189. a. Lam. 67. Dal. 11.

A proper Justice is made within a special liberty, without words of prohibition, the Justices of the shire may meddle there, Lam. 68, 69.

The making of a new commission is no de∣termination of the old, till it be read or pro∣claimed at some Session, or in a full County, or at the Assizes, Dal. 11. Lam. 69.

The old commission determining by a new, no process or suit hanging before the old commissioners is discontinued thereby, Dal. 12. Cro 189. a. Lam. 69.

Accession of a higher title taketh not ••way the authority of a Justice of arrow_back Peace arrow_forward , Dal. 9. Cro. 188. a. Lam. 70.

A new commission to here and determine felonies, determineth the old commission of the arrow_back Peace arrow_forward but not concerning the arrow_back Peace arrow_forward , Lam. 72. Brook Commission 8.

A Justice of arrow_back Peace arrow_forward , in making justification by virtue of his office, needeth not to shew the commission of the arrow_back Peace arrow_forward , because the keeping thereof belongeth to the Custos Rotu∣lorum, Lam. 387, 388. Cro. 120. b. nu. 13.

By 17 R. 2. c. 10. in every commission of the arrow_back Peace arrow_forward , two men of law (amongst others) are to be assigned, viz. to proceed to the de∣liverance of felons, Dal. 50.

Two were joynt commissioners, and it is presented that one onely sat, and fined the

Countrye; and it was held void. But if one sit, and it is recorded that it is done before both, it is good. So of Justices of arrow_back Peace arrow_forward , Cro. 121. a. nu. 19. & 189 a. for averment shall not be taken against the act of the Ju∣stices or Commissioners, Cro. 189. a.

A Justice cannot be made by writ but by commission, but may be discharged by writ, which is in nature of a Supersedeas, Brook Commis. nu. 18

If the Justices in Fire, after Proclamati∣on made, do come into the Country, and sit there by vertue of their authority, then ceaseth the power of the Commissioners of arrow_back Peace arrow_forward . And so likewise, if the Kings Bench should remove into the County, Lam. 71. vide Cro. 188. b. & 189. a. Brook Commiss. nu. 18. But Lambert maketh a Quaere, for that Justices of Nisi prius do ordinarily bring a Commission of Oier and Determiner, Lam. 71. and yet no determination of the Commission of arrow_back Peace arrow_forward .

And Brook Commis. 8. and Cro. 188. b. Ʋn novel Commission de oyer & terminer felonies de∣termine le ancient Com. del P. quant al Oyer, &c. felonies, mes nemy quant al arrow_back Peace arrow_forward . Et issint vide Commis. determine in part, & remain pur le remnant.

Commons.

Commons in Forests and elsewhere must be driven yearly within 15 daies after Michael∣mas by the owner or officers, on pain of 40 shillings a time, 32 H. 8. c. 13. Lam. 483.

Vide plus Horses.

If any Minister have refused to use the Common Prayer, or to minister the Sacra∣••ents according to the Book of Common ••rayer, in such order and form as is mention∣••d in the said Book, or wilfully standing in ••he same, have used any other form in open ••rayer, or in administration of the Sacra∣••ents, or spoken any thing in derogation of ••he said B. or any part thereof, for the first ••ffence it is loss of his spirituall living for a ••ear, and imprisonment for six moneths ••ithout bail: for the second, deprivation and ••mprisonment for a year: for the third, de∣••rivation and imprisonment all his life, 1 El. •• 2. 23 El. c. 1. Lam 417.

Any having in play, song, or rhyme, or by my open word, spoken in derogation of the ••ook of Common Prayer or any thing there∣•••• contained, or having caused or maintained ••ny Minister to say any other Common Pray∣••r, or minister Sacraments in other manner, ••r interrupting any Minister to say open ••rayer, or administer the Sacraments accor∣••ing to the said Book, he loseth 100 Marks, ••r six moneths imprisonment without Bail ••or the first offence: and for the second, 400 Marks, or twelve moneths imprisonment: and ••or the third, all his goods, and imprison∣••ent for his life, ibid.

Concealment, vide Jurors.

.

Confession.

After a free confession of an indictment,

and submission to fine in an action at the pa••¦ties suit, for the same trespass, he shall •••• plead Not guilty: otherwise of a confessio•• Jub modo, as when he putteth himself •••• gratia Regis, Lam. 530.

Quaere whether if he once make a fine, •••• shall not be estopped to plead Not guilty. Al•• whether the Justice of arrow_back Peace arrow_forward may drive t•••• party either to an absolute confession, or •• his traverse, ibid.

The voluntary confession of an offender a¦gainst the statute, 1 Jac. c. 9. 4 Jac. c. 5. befor•• a Justice of arrow_back Peace arrow_forward is a conviction, and afte•• confession his oath is sufficient proof again•••• any other offending at the same time, 21 Jac▪ c. 7. Dal. 26.

Conjuration.

Conjuration of wicked spirits is felony 5 El. c. 16. Lam. 227.

Vide plus Witchcraft, 1 Jac. c. 12.

Conservers of the arrow_back Peace arrow_forward .

Coroners are Conservers of the arrow_back Peace arrow_forward , and may in some cases imprison, Lam. 395.

Constables are Conservers of the Peac•• within their limits, Dal. 2. Lam. 14.

Constables.

Every Constable at the Common law be∣fore the statute 3 H. 7. c. 3. & 1 & 2P. & M. c. 13. might bail one suspected of felony by obligation, or take surety of the arrow_back Peace arrow_forward by ob∣ligation, or commit him to prison that made an affray, till he found sureties, Lam. 15.

Constables or other Officers may lay no

hands on two intending to fight, till weap∣ons, drawn, or offer of blow Lam. 132.

Constable hurt in parting an affray, may have an action against the affrayer; so may any other officer: but the affrayer can have none against them, Lam. 132, 133.

Constable or Officer presented at the Sessi∣ons for not endeavouring to part an affray, being present, shall deeply be fined, Lam. 133.

Not so if he be told of it being absent, Dal. 33. at quaere contra, Cro. 146. b.

Two fighting in a house, the doors being shut, the Officers may break open the doors to see the arrow_back peace arrow_forward kept, Lam. 133.

Constable taking an affrayer must imprison him in the stocks, not in his house; and that till he may provide to carry him to the Goal, Lam. ibid. or to a Justice of arrow_back Peace arrow_forward , Lam. 133. Dal. 33, 35.

Constable or Justice if need be, may com∣mand aid of the Kings people for pacifying an affray, Lam. 134.

Constable or Officer may desend himself, and apprehend and imp••ison the party that shall make an affray upon him, Lam ibid. Dal. 35. Cro. 147. a.

One Justice of arrow_back Peace arrow_forward may command that two Constables be chosen in each Hundred, Lam. 186.

Vide plus Affray, Arrest, Rogues.

High-Constables at their petty Sessions, for an affray made in disturbance of the Court, may imprison the offenders, Dal. 3. Cook 11, 43, 44.

Chusing of High-Constables useth to be at the Quarter Sessions; if out of Sessions, by the

major part of Justices of that division where they dwell; and use to be sworn at the Sess∣ons, or by warrant from the Sessions, Dal. 46▪

Vide plus Prison.

Conventicles.

Those are sometimes called Conventicles wherein many do impart with others the•• meaning to kill a man, or to take another part in all things, Lam. 173.

Champerty also, maintenance, conspiracie•• confederacies, & giving of liveries, other the•• to menial servants, and officers, be containe•• under the word Conventicles, Lam. ibid.

Conies, vide Hunting.

.

Corn.

Certificate of one Justice of arrow_back Peace arrow_forward , joyne•• with the Customer of the place, of unladin•• and selling of corn, grain, or cattel carried b•• water from one place to another of th•• Realm, unto the Customer and Controller o•• the place where the same was imbarked, i•• sufficient upon the statute of forestalling, 5 E•• 6. c. 14. 13 El. c. 25.

One having suffic••ent corn, buying seed without bringing so much as he buyeth, to se•• the same day as the Market goeth, loset•• double, 5 Ed. 6. c. 14. Lam. 451.

Vide plus Transportation.

Cutter and carriers away of cor•• Vide Hedge breakers.

.

Coroners.

Coroners ought to certifie their inquisitions at the general Goal-delivery, and not at the Sessions, 1. & 2 P. & M. 13. Lam. 395.

Coroners being parties to the exigents, and Judges of the outlawry, ought to be present at the Sessions, ibid.

Coroners are Conservers of the arrow_back Peace arrow_forward , and may in some cases commit men to prison, ib.

Coroners may be convicted of offence a∣gainst the statute of 1 H. 8. c. 7. by examination of witnesses, and touching extortion or not executing their offices, before a Justice of arrow_back Peace arrow_forward , Cro. 130. b. Lam. 434.

Coroners fees, vide Fees.

.

Cottages.

Any erecting, or converting any dwelling to be used as a cottage for dwelling, unless he lay four acres of his own free-hold inheri∣tance lying near to the said cottage, to be con∣tinually manured therewithall so long as that cottage shall be inhabited, forfeiteth ten pounds; except in a City, corporate or mar∣ket Town, or ancient Borough, or being the dwelling-house of workers in minerals, coal∣mine••, quarries of stone or slate, makers of brick, tile, lime, or coal, not being above a mile from the works and onely used for the habitation of such workmen, or for sailers, or men of manual occupation, for the making, furnishing, or victualling of ships, and being within a mile of the sea at the side of some navigable river; or a cottage for the keeper

of forrests, chase, warren or park; or cottage for a common herdsman or shepherd of any town, or wherein any poor, lame, sick, aged, or impotent person shall dwell; or hath been decreed to continue for a dwelling by the Ju∣stices of Assise or of the arrow_back Peace arrow_forward in open Assises or Quarter Sessions, 31 El. c. 7. 39 El. cap. 3. 43. El. c. 2. Lam. 476. 35 El. c. 6. for conti∣nuing the cottage 40 shill. a moneth.

None to maintain or uphold any cottage; not having four acres to it, except as before, ibid.

Owner or occupier of a cottage must not suffer more housholds then one to dwell in a cottage, 31 El. c. 7. except it be by order of the Justices at the Quarter Sessions, with leave of the Lord of the waste, at the charge of the Parish, Hundred, or County, 39 El. c. 3. 43 El. c. 2. Lam. 611. Offences against the stat. of cottages and in mates, are to be heard and determined at the Quarter Sessions, 31 El. c. 7. Lam. 614. and a decree may be made at the Quarter Sessions for continuance of a cottage that hath not four acres of land, ibid.

A Decree may be made at the Quarter Sessions for the continuance of a cottage that hath not four acres of land. And the Justices may enquire, hear and determine of cottages and inmates against the statute of 31 El. c. 7. Lam. 614.

County.

A Justice of arrow_back Peace arrow_forward in one County pursuing a selon into another County where he is taken, he shall be committed to the Goal of the County where he was taken, Dal. 297, 298.

Cozeners and Cozenage.

Any falsly and deceitfully getting into his possession money or goods of other mens, by colour of false privy tokens of counterfeit letters, and convicted thereof at the Quarter Sessions by examination of witnesses, shall suffer any corporal punishment except death, 33 H. 8. c. 1. Cro. 83. a. 130. b. Dal. 48. Lam. 442, 535, 569, 690.

Two Justices of arrow_back Peace arrow_forward , one being of the Quorum, may bind over to the next Sessions any such suspected person, or may imprison or bail them until the next general Sessions, Dal. 48.

One Justice of arrow_back Peace arrow_forward , (as it seemeth) may binds Cheaters to their good behaviour, so to the Assises or Sessions, or send them to the house of Correction, Dal. 48.

Crosses, vide Agnus Dei.

.

Cross-bows and Hand-guns:

Every person may attach an offender a∣gainst the statute 33 H. 8. c. 6. and carry him to the next Justice of arrow_back Peace arrow_forward in the same County, Dal. 65.

The Justice upon due consideration may send the offender to the Goal, till he have paid the penalty of the statute of 33 H. 8. c. 6. s••. 10. li.

The particulars of the said Statute.

1. None under an 100 pounds per annum may shoot in, or keep gun, dag, pistol, cross-bow, or stone-bow.

2. No person may shoot in, carry, keep, use, or have any gun under three quarters of a yard in length: if it be shorter, every one hav∣ing an 100 pounds per annum may seize the gun, & must break it or lose 40 shillings, if he break it not within twenty daies, Lam. 296. 480. but may keep the cross-bow or stone-bow, Dal. 65.

3. No person not having an 100 pounds per annum, may carry in his journy any gun charged, or bow bent, but onely in time and service of war, or going to the musters.

4. None may shoot in a gun near to a mar∣ket-Town, but in defence of his house or person, or at a But.

5. The master may not command the ser∣vant to shoot, except at a But or Bank of earth, or in warre.

Exceptions out of the Statute.

• 1. Shooting at a But or Bank of earth by serving-men, whose masters are inabled by statute.
• 2. Inhabitants of market Towns.
• 3. Dwellers alone, or near the Sea-side.
• 4. Gun makers or Gun-sellers.
• 5. Those that have placards may shoot ac∣cording to their placards, Dal. 65, 66.

Any under the value of 100 pounds per an∣num, licensed to shoot in Cross-bow or Hand∣gun, is to present his name to the next Justice, by him to be presented and recorded at the next Quarter Sessions, or else the Justice to lose 20 shillings, 2 Ed. 6. c. 14 Lam. 301. Quaere if this be now in use.

Any licensed at Quarter-Sessions to shoot

••n Hand-gun or birding-piece, for Hawks-meat is to shoot only at fowl not prohibited, ••nd to be bound in 20 li. 1 Jac. c. 27.

Any two Justices of arrow_back Peace may commit to ••he Goal for three moneths any that shoot with gun or bow at any Patridge, Phesant, house-Dove, Mallard, or at such fowl, or at ••ny Hare, 1 Jac. c. 27.

If any person not having lands, &c. of the yearly value of 40 li. or not worth in goods 200 li. shall use any gun, bow, or cross-bow, to kill any Deer or Conies (except such per∣son shall have any ground inclosed, used for the keeping of any Deer or Conies, &c. or be Keepers or Warreners) any person ha∣ving in lands 100 li. by year in fee or for life, may take from such offender such Guns, Bows, or Cross-bows, and keep them to his own use, 3 Jac. c. 13. Dal. 65.

Curriers, vide Leather.

.

Customer, vide Corn.

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Custos Rotulorum.

Custos Rotulorum hath the custody of tho Records and of the Comm••ssion, and ought t•• see that they be brought to the Sessions, Lam 387.

Custos Rotulorum is alwayes a Justice of the Quorum, Lam. 387.

Custos Rotulorum alone cannot summon a Sessions, seeing that he hath no more autho∣rity in that behalf then any of his fellows hath, Lam. 382.

Taking of the goods of another to the value of 12 d. from his person into his own pos∣session, without assault or fear, is felony with∣out Clergy, 8 El. c. 4. Lam. 270. Dal. 262. and Lam. 422, 566.

But it will not amount to felony unto death, unless the thing taken be of the value of twelve pence, Lam. 270. Dal. Quaere.

The thief must have an actual possession of the thing severed from the person of the owner, Lam. 271. Dal. 262. Cro. 35. a. nu. 17.

Cutting out of tongues.

Cutting out of tongues, and putting out of eyes is felony, if it be done of set purpose, 5 H. 4. c. 5. Lam. 420.

Cutting of a Pond head.

Destroying of the head or damme of any pond, moat, stew, or several pit wherein fishes are put by the owner thereof, or wrongfully fishing in any of the same, to the intent to take away the fish against the owner; will, 5 El. c. 21. Lam. 446. See 3 Jac. c. 13. he is to suffer imprisonment, and to be bound to his good behaviour for seven years.