Jurisdictions, Part 26 – Part 30
Riots, 1. M. 1. chap. 12.
IF any perſons to the number of twelve aſſemble unlawfully, to alter and change Lawes, to breake Encloſures, Bankes, Conduits, Stankes, Fiſhponds, Houſes, Barnes, or to burne Stackes of Corne, or ſuch like Riots, and Proclamation be made by the Sheriffe or Juſtice of Peace, and notwithſtanding they remaine together by the ſpace of an houre, after the Proclamation made, every ſuch attempt is Felony, every Coppy-Holder being a Yeoman, Husbandman, or Labourer, being of the age of eighteen years, or under forty, not ſick, nor having reaſonable excuſe, and being required by the Juſtice, Sheriff, or his Immedidiate Lord, to ſerve, to apprehend the perſons aforeſaid, and refuſe, he ſhall forfeit his Eſtate during his Life, and his Lord may enter.
The Farmor being a Yeoman, and refuſing, is in the ſame caſe to his Landlord.
Alſo it is Felony if a Man, Woman or Servant, or other perſon without compulſion, bring, ſend, or deliver, any Money harneſs, Artillery, Weapons, or Victualls, to any perſons aſſembled in ſuch manner, and not depart to their Houſes upon Command, or Proclamation made, as is aforeſaid, and if any number beſides the number of thoſe which are aſſembled, and upon Proclamation made, do not depart, Juſtice of Peace, or cheife Officers of the City or Burrough corporate, may raiſe power to ſuppreſſe them.
And if any Officer kill any of thoſe rebellious perſons, or maim them, they ſhall be free.
Alſo if any perſon knowing ſuch pretended rebellion, and do not reveale the ſame within twenty houres after ſuch knowledge had of it, he ſhall be impriſoned by the ſpace of three Moneths without Baile or Mainpriſe, unleſs he be otherwiſe diſcharged by the Juſtice of the Peace.
Alſo if any refuſe, being able to ſuppreſs ſuch Offendors, he ſhall ſuffer Impriſonment for a year without Baile or Mainpriſe.
Alſo if any hinder or let, that Proclamation cannot be made, this is Felony.
Note that this Statute ought to be read or openly declared in every Leet.
10. H. 7. fol. 12. If one come and enter into Land, with more then is accuſtomed to have attending upon him, that ſhall be ſaid with force.
21. H. 7. fol. 39. One may make an aſſembly of People in his Houſe to aid him, for that it is his Caſtle, but not to go to Market, although he be threatned.
17. Edw. 4. fol. 4. Where there is an aſſembly in manner of War, and no Act done, it is no aſſault by Pigot, if they draw no Weapon, &c. Quere.
Riot is not, unleſs three at leaſt, which do an unlawfull act.
An unlawfull aſſembly, is, if the People aſſemble themſelves together, for an ill purpoſe, though they do nothing.
Rout is, where there aſſemble a number, and after march or ride, or go apart, or move to ill in their own quarrells, though there be no act done, title five in Marrows reading, as to throw down incloſures in their quarrell, this is a Rout.
14. H. 7. fol. 28. If a Diſſeiſor have a poſſeſſion by three yeares, and holdeth with force, Action upon the Statute of 8. H. 6. doth not lie againſt him, but he may be indicted upon that Statute, for this is for the King.
7. Ed. 4. fol. 18. Indictment of forcible entry upon the Statute of the eighth yeare of H. 6. was removed into the Kings Bench; and the Juſtices there might well award Reſtitution, as the Juſtices of Peace might have before them, 4. H. 7.19. 32. H. 6. fol. 2. Saith in forcible entry, where the Defendant pleads Title, that they ought to traverſe, (without that) he entred with force; ſee, 1. H. 7. fol. 19.
7. H. 6. fol. 14. Preſentment of the forcible entry, the Defendant pleads to the (force and armes) not guily, and it is not good, but he ought to plead over to the Deſſeiſin but in Treſpaſs not guilty is good.
15. H. 7. fol. 17. Where the Plaintiff maketh title and traverſeth the Bar, and the title is found for the Plaintiff, they ſhall not inquire of the force, for it is implied, and ſo if the Bar be not found.
1. H. 7. f. 19. If the Title be found, they need not, nor ought not to inquire of the force, and for that that the Plaintiff alledgeth that J. S. the Defendant entred with ten perſons, and doth not name their names, it is uncertaine and not good.
2. H. 7. fol. 16. It is ſaid, that if one diſſeiſeth another to the uſe of two, that they two are Diſſeiſors by their agreement afterwards, not with force, and if it be found againſt the Diſſeiſor, he ſhall be attaint of force.
6. H. 7. fol. 12. Forcible entry upon points of the Statute, the Defendant pleads not guilty, and found by Verdict, that he entred peaceably and not with force, and for the Statute is in diſjunctive the plaintiff ſhall recover, 3. Ed. 4. fol. 20.10. Ed. 4. fol. 13.
10 H. 7. fol. 14. It ſeemeth a Tenant for yeares ſhall not have an Action upon the Statute, of 8. H. 6. For it is in the realty, and one cannot be Impannelled, for that he cannot expend forty ſhillings by the year, 3. Ed. 4. fol. the laſt, 8. Ed. 4. fol. 9.
11. H. 7. fol. 15. Feoffment with warranty, and rely upon warranty, it is good upon the Statute of 8. H. 6. for it is in the realty, but not upon the Statute, 1. H. 7. fol. 12.9. H. 6. fol. 19.
Queen, and aſſurance of her Power.
IN the yeare 5. Eliz. chap. 1. If any extoll or ſet forth the authority of the Biſhop of Rome, againſt the form of this Statute, he runs into a Premunire. And this Statute is to be read and declared in the Leer.
Tracing of Hares, 18. H. 8. chap. 11.
NOne may Trace, deſtroy, or kill Laveret in the ſnow, with Dog, Bitch, or otherwiſe, and who doth ſo, ſhall forfeit ſix ſhillings eight pence.
Wines, 7. Edw. 6. chap. 5.
NO perſon may utter by retaile by ſmall meaſure, any Gaſcoigne Wines, or French Wine, but after the Rate of eight pence the gallon at the moſt, nor any Rochell Wine but after the Rate of four pence the gallon, nor any other Wine at a higher price then twelve pence the gallon at the moſt, upon the paine of five pound every offence.
None ſhall have a veſſell of Wine in his Houſe above ten gallons, to ſpend there, unleſs he be worth a thouſand Markes in Goods, or a hundred Markes in Lands, or be the Son and Heire of a Duke, Marqueſs, Earle, or Lord, upon the paine of ten pound.
Note, that Vintners of London have a toleration for them and others authoriſed by them, by Letters Patents from the King for diverſe yeares to come to diſpence with them, that they ſhall not ſell according to the price compriſed in the Statute.
Now if all the defaults and paines which were preſented at the laſt Leet, are amended or not as they ought, and preſent them, and of them and of all other matters and defaults, common annoyance to the Common-wealth, you ſhall inquire of and preſent.
Then after this charge is given, the Steward ſhall command the Cryer to make Proclamation, and after Proclamation made, three times, then the Steward ſhall ſay.
If any can informe the Steward, or the Jury, of any petty Treaſon, Felony, petty Larcinie, Annoiances, or Blood-ſhed, Pound broken, or of Reſcous, or of any other thing made againſt the Peace, or of any perſon of common ill behaviour within the Leet, or any workmen uſing common deceit, or of any common Miſdemeanour of any Officer, or other perſon there, or of any Weife, Eſtrey, Treaſure found, or of any other thing here inquirable, come you in and you ſhall be heard.
Then if any come in, let him be ſworn to give evidence to the Jury.
And after that, the Steward ſhall ſay to the Jury, go together, and inquire ye of the matter of your Charge, and when you are agreed, I ſhall be ready to take your Verdict.
The end of the Charge.
A breviate of the Charge.
HEre followeth a breviate of the Charge, which will ſuffice for the Steward, which is perfect in the Charge, for his remembrance is ſufficient.
And firſt, what Articles are inquirable by the Statute, 18. Ed. 2. fol. 82. Which follow.
Fairfax, 22. Ed. 4. fol. 82. Which follow, ſaith, There is no Statute, but reherſall of Lawes inquirable in Leet.
Petty Treaſon,
As clipping of Money.
And falſifying Money.
Felonies,
As common Theeves.
Receivers of Felons.
Of ſmall Theeves, as of Sheep, Hens, and Corne ſtolne.
Eſcape,
Of Theeves, and men impriſoned, and let goe without warranty.
Rape,
Of ravishing a Woman which is not preſented before the Coroner.
Sutors, that is to ſay,
Reſiants which owe ſute royall.
And capital pledges and Deciner,
Of theſe of twelve years and not ſworne.
Cuſtomes and Services forborne.
Annoyances made in Lands, Woods, and Waters, of Walls, Houſes, Ditches, Hedges, made or pulled downe to the annoyance of the people.
Of Wayes and Paths taken away or ſtopped; of Waters wrong turned, or ſtopt, or taken away; of corrupters of Water by Lyme, Flax, &c.
III perſons for the Common wealth.
Of them that go of errands for Theeves.
Of common breakers of Hedges.
Of maintainers and keepers of Bawdry.
Of thoſe which ſleepe in the day, and walke in the night, and have nothing to live on.
Of thoſe which daily haunt Taverns, and have nothing to live on.
Of thoſe which catch Pigeons in the Winter with Nets or Ingins.
Treſpaſſe.
Of blood ſpilt.
Of Play made.
Of common Barretors and Scolds.
Of breaking the common Pound.
Of outcries againſt Lawes.
Miſdemeanour of Officers.
Of reſcuing from the Officer of the King.
Of Conſtable which keepeth not the peace. Bayliffe, Purveyor.
Conſtable,
Apprehend Felons.
See the Watch kept.
That he arreſt men armed.
For good Government, let there be
Stocks.
Pillory.
Cuckingſtoole.
Suſpect Perſons,
Vagabonds, and
Rogues.
Aſſiſe of bread and Beere,
Inholders.
Of falſe meaſures, Deceit in Artificers.of Butchers.
Falſe Ballance and weights, of Victualers.
Double meaſures and weights, of Millers.
Treaſure found of Outlawes.
Of Hue and Cry raiſed, and not purſued.
Of flyers to Sanctuaries and Churches.Profits for the King, and ſome for the Lord.
Goods of Felons.
Eſtreys and Weifes, Scilicet, If they flye.
Exigents upon Indictments.
Felony.
Common Fine.
Theſe Articles enſuing, are inquirable by expreſſe words of the Statutes here enſuing; that is to ſay, Apprentice which hath not Land to the value of twenty Shillings, 7 H. 4. chap. 17.
Apparrell, by 24 H. 8. chap. 13. and by 1. & 2. Phil. & Mary, chap. 2.
Artificers, by 2 Edw. 6. chap. 15. and by 24 H. 8. c. 12.
Archers, by 33 H. 8. chap. 9.
Butts, by 33 H. 8. chap. 9.
Croſſe-bowes and Hand-guns, by 33 H. 8. chap. 6.
Shoomakers and Tanners, by 5 Eliz. chap. 8.
Crow-Nets, by 24 H. 8. chap. 9.
Frie of Fish, by 1. Eliz. chap. 17. and by 5. Eliz. chap. 21.
Games unlawfull, by 33 H. 8. chap. 10.
Horſes, by 32 H. 8. chap. 13.
Hue and Cry, by 18 Edw. 2.
High wayes, by 2. & 3. Phil. & Mary, and by 5. and 18 Eliz.
Hats and Caps, by the 13 Eliz. chap. 19.
Hemp and Flax, by 33 H. 8. chap. 17.
Muſters, by 4. and 5. P. and M. chap 3.
Mortmaine, by 7. Ed. 1. Raſtal 3.
Riots, by 1. Mary chap. 12.
Takers of the King, by 20. H. 6. chap. 8.
Tracing Hares, by 14. H. 8. chap. 10.
Wines, by 7. Ed. 6. chap. 5.
Waifes and Straies, Goods of Felons.
Decayed Houſe of Husbandry, for the benefit of the King and Lord of the Mannor 4. H. 7. chap. 19.50. Eliz. c. 2.