CHAP. I.

WHERE a man doth com­pass or imagine the Death of the King, the King's Wife, the King's eldest Son, and Heir apparent, if it appear by any overt act, it is Treason.

Where a man doth violate the King's Wife, the King's eldest Daughtter, unmarried, the Wife [Page 74]of the King's eldest Son, and Heir apparent, it is Treason.

Where a man doth levie War against the King in the Realm, it is Treason.

Where a man is adherent to the King's Enemies, giving them aid and comfort, it is Treason.

Where a man counterfeiteth the King's Great Seal, Privy Signet, Sign Manual, it is Treason: like­wise his Money.

Where a man bringeth into this Realm false money, counterfeited to the likeness of English, with intent to merchandise or make payment thereof, and knowing it to be false money, it is Treason.

Where a man counterfeiteth any Coyn current in payment within this Realm, it is Treason.

Where a man doth bring in any money, being current within the Realm, the same being false and counterfeit, with intent to utter it, and knowing the same to be false, it is Treason.

Where a man doth clip, waste, round, or file any of the King's money, or any Foreign Coyn, cur­rent by Proclamation, for gain­sake, it is Treason.

Where a man doth any way im­pair, diminish, falsifie, skale, or lighten money, current by Procla­mation, it is Treason.

Where a man killeth the Chan­cellor, the Treasurer, the King's Ju­stices in Eire, the King's Justices of Assises, the Justices of Oyer and Terminer, being in their several Pla­ces and doing their Offices, it is Treason.

Where a man procureth or con­senteth to Treason, it is Treason.

Where a man doth persuade or withdraw any of the Kings Sub­jects from his obedience, or from the Religion by his Majesty established, with intent to withdraw any from the Kings obedience, it is Treason.

Where a man is absolved, re­conciled, or withdrawn from his obedience to the King, or promi­seth obedience to any Foreign Power, it is Treason.

Where any Jesuit, or any other Priest, ordained since the first year of the Reign of Qu. Elizabeth, shall come into, or remain in any part of this Realm, it is Treason.

Where any Person, being brought up in a Colledge of Jusuits, or Se­minaries, shall not return within [Page 77]six months after Proclamation made, and within two dayes after his return, submit himself to take the Oath of Supremacy; if other­wise he do return, and not within six months after Proclamation made, it is Treason.

Where a man, committed for Treason, doth voluntarily break Prison, it is Treason.

Where a Jaylor doth voluntarily permit a man committed for Trea­son, to escape, it is Treason.

Where a man relieveth or com­forteth a Traitor, and knoweth of the Offence, it is Treason.

Where a man doth affirm or maintain any Authority of Jurisdi­ction Spiritual, or doth put in ure or execute any thing for the ad­vancement of setting forth there­of, [Page 78]the third time, it is Treason.

VVhere a man refuseth to take the Oath of Supremacy, being ten­dred by the Bishop of the Diocese, if he be any Ecclesiastical Person; or by Commission out of the Chan­cery, if he be a temporal Person; such Offence the second time is Treason.

CHAP. II. The Punishment, Tryal, and Pro­ceeding in Cases of Treason.

IN Treason, the Corporal Punish­ment is, by drawing on an hurdle from the place of the Prison to the place of Execution, by hanging and being cut down alive, bowel­ling, and quartering, and in VVo­men burning.

In Treason there ensueth a cor­ruption of blood in the Line ascen­ding and descending.

In Treason, Lands and Goods are forfeited, and Inheritance, as well intailed as Fee-simple, and the profits of Estates for Life.

In Treason, the Escheats go to the King, and not to the Lord of the Fee.

In Treason, the Land forfeited shall be in the Kings actual posses­sion, without Office.

In Treason there be no Accessa­ries, but all are Principals.

In Treason no Sanctuary, nor benefit of Clergy, or peremptory Challenge is allowed.

In Treason, if the Party stand mute, yet nevertheless Judgment and Attainder shall proceed all one as upon Verdict.

In Treason no Counsel is to be allowed, nor Bail permitted to the Party.

In Treason no Witnesses shall be received upon Oath for the Parties Justification.

In Treason, if the Fact be com­mitted beyond the Seas, yet it may be tryed in any County where the King will award his Commission.

In Treason, if the Party be non sanae memoriae, yet if he had for­merly confessed it before the Kings Council, and that it be certified that he was of good Memory at the time of his Examination and Confession, the Court may proceed to do Judgment without calling or arraigning the Party.

In Treason, the death of the Par­ty before Conviction, dischargeth [Page 81]all Proceedings and Forfeitures.

In Treason, if the Parties be once acquitted, he should not be brought in question again for the same Fact.

In Treason, no new Case, not expressed in the Statute of 25 E. 3. or made Treason by any special Sta­tute since, ought to be judged Trea­son, without consulting with the Parliament.

In Treason, there can be no Prosecution but at the King's suit, and the Kings Pardon dischargeth.

In Treason, the King cannot grant over to any Subject Power and Authority to pardon it.

In Treason, a Trial of a Peer of the Kingdom is to be by special Commission before the Lord high Steward, and those that pass upon him to be none but Peers: The [Page 82]Proceeding is with great Solemni­ty, the Lord Steward sitting under a cloth of Estate, with a white rod of Justice in his hand, and the Peers may conferr together, but are not any ways shut up; and are deman­ded by the Lord Steward their Voi­ces one by one, and the plurality of Voices carries it.

In Treason, it hath been an anci­ent Use and Favour from the Kings of this Realm, to pardon the Exe­cution of hanging, drawing, and quartering; and to make Warrant for their beheading.

The Proceeding in case of Trea­son, with a common Subject, is in the Kings Bench, or by Commission of Oyer and Terminer.

CHAP. III. Cases of Misprision of Treason.

WHere a man concealeth high Treason only, without any consorting or abetting, it is mispri­sion of Treason.

Where a man counterfeiteth any Foreign Coyn of Gold or Silver, not current in this Realm, it is mispri­sion of Treason.

Where a man fixes an old Seal to a new Patent, it is misprision of Treason.

CHAP. IIII. The Punishment, Tryal and Proceed­ing in cases of misprision of Treason.

THE Punishment of Misprision of Treason, is by perpetual [Page 84]Imprisonment, loss of the Issues and Profits of their Lands during Life, and loss of goods and Chattels.

The Proceeding and Trial is, as in cases of High Treason.

In misprision of Treason Bail is not admitted.

CHAP. V. Cases of Petty Treason.

WHere a Servant killeth his Ma­ster, the Wife the Husband, the Spritual man his Prelate, to whom he is subordinate, and ow­eth Faith and Obedience, it is pet­tie Treason.

Where a Son killeth the Father or Mother, it hath been questioned whether it be petie Treason, and the [Page 85]late experience and opinion seem­eth to sway to the contrary, tho against Law and Reason in my judgment.

Where a Servant killeth his or her Master or Mistress, after they are out of Service, it is petie Trea­son.

CHAP. VI. The Punishment, Tryal and Proceed­ings in cases of Petie Treason.

IN Petie Treason, the Corporal Punishment is by drawing on an hurdle, and hanging, and in a Woman burning.

In petie Treason, the Forfei­ture is the same with the Case of Fe­lony.

In petie Treason, all Accessaries are but in case of Felony.

CHAP. VII. Cases of Felony.

WHere a man committeth Mur­der or Homicide, of Malice prepensed, it is Felony.

Where a man committeth Mur­der (that is) breaking of an House with an intent to commit Felony, it is Felony.

Where a man committeth man­slaughter, that is Homicide of sud­den heat, and not of Malice pre­pensed, it is Felony.

Where a man rideth armed with a felonious intent, it is Felony.

VVhere a man doth maliciously [Page 87]and feloniously burn any man's house, it is Felony.

VVhere a man doth maliciously, &c. burn corn upon the ground, or in stack, it is Felony.

VVhere a man doth maliciously cut out another man's Tongue, or put out his Eyes, it is Felony.

VVhere a man robbeth or steal­eth, viz. taketh away another man's Goods, above the value of 12 d. out of his possession, with intent to conceal it, it is Felony.

VVhere a man imbezelleth and withdraweth any of the King's Re­cords at Westminster, whereby a Judgment is reversed, it is Fe­lony.

VVhere a man, having the custo­dy of the King's Armour, Munition, or other Abiliments of VVar, doth [Page 88]maliciously convey away the same, it is Felony, if it be to the value of twenty shillings.

VVhere a Servant hath Goods of his Masters delivered unto him, and goeth away with them, it is Felony.

VVhere a man conjures, or in­vokes wicked Spirits, it is Felony.

VVhere a man doth use or pra­ctise VVitchcraft, whereby any Per­son shall be killed, wasted, or la­med, it is Felony.

VVhere a man practiseth any VVitchcraft, to discover Treasure hid, or to discover stollen goods, or to provoke unlawful Love, or to impair or hurt any mans Cattel or Goods, the second time, having been once before convicted of like offence, it is Felony.

VVhere a man useth the craft of multiplication of Gold or Silver, it is Felony.

VVhere a man receiveth a Semi­nary Priest, knowing him to be such a Priest, it is Felony.

VVhere a man taketh away a VVoman against her VVill, not claiming her as his VVard or Bond­woman, it is Felony.

VVhere a man or woman marri­eth again, his or her former Hus­band or VVife being alive, it is Fe­lony.

VVhere a man committeth Bug­gery with man or Beast, it is Felo­ny.

VVhere any Persons, above the number of twelve, shall assemble themselves with intent to put down Inclosures, or bring down prices [Page 90]of Victuals, &c. and do not depart after Proclamation, it is Felony.

Where a man shall use any words to encourage or draw any People together, ut supra, and they do as­semble accordingly, and do not de­part after Proclamation, it is Fe­lony.

Where a man, being the King's sworn Servant, conspireth to mur­der any Lord of the Realm, or any Privy Councellor, it is Felony.

VVhere a Souldier hath taken a­ny parcel of the King's wages, and departeth without Licence, it is Felony.

Where a Recusant, which is a Seducer, and Perswader, and Enti­cer of the King's Subjects against the King's authority in Ecclesiasti­cal Causes, or a perswader of Con­venticles, [Page 91]or shall refuse to abjure the Realm, it is Felony.

Where Vagabonds be found in the Realm, calling themselves Egy­ptians, it is Felony.

Where a Purveyor doth take without Warrant, or otherwise doth offend against certain special Laws, it is Felony.

Where a man hunts in any Fo­rest, Park, or Warren, by night or by day, with Vizard or other dis­guisements, and is examined there­of, and concealeth his Fact, it is Felony.

Where one stealeth certain kind of Hawks, it is Felony.

Where a man committeth Forge­ry the second time, having been once before convicted, it is Felony.

Where a man transporteth Rams, [Page 92]or other sheep out of the Kings Do­minions, the 2 ^d time, it is Felony.

VVhere a man being imprisoned for felony, breaks Prison, it is Felony.

VVhere a man procureth, or con­senteth to Felony to be done, it is Felony, as to make him accessary before the Fact.

Where a man receiveth or reliev­eth a Felon, it is Felony, as to make him accessary after the Fact.

VVhere a Woman, by the con­straint of her Husband, in his pre­sence, joyneth with him in commit­ting of Felony, it is not Felony in her, neither as Principal nor as Accessary.

Homicide, or the killing of a man, is to be considered in four kinds.

• Chance-medley.
• Se defendendo.
• Man-slaughter.
• Wilful Murder.

CHAP. VIII. The Punishment, Tryal, and Proceed­ings in Cases of Felony.

IN Felony, the corporal Punish­ment is hanging, and it is doubt­ful whether the King may turn it into beheading, in case of a Peer, or other Person of Dignity, because in Treason, the striking off the Head is part of the Judgment, and so the King pardoneth the rest: but in Felony, it is no part of the Judgment, and the King can­not alter the execution of Law; yet Presidents have been both wayes: If it be upon Indictment, the King may, but upon an Appeal he cannot.

In Felony there followeth cor­ruption of Blood, except it be in cases made Felony by special Sta­tutes, with a Proviso, that there shall be no corruption of blood.

In Felony, Lands in Fee simple, and goods and Chattels are forfeit­ed, and the profits of Estates for Life are likewise forfeited, but not Lands intailed: and by some Cu­stoms, Lands in see simple are not so forfeited;

as in Gavel-kind in Kent, and o­ther places.

In Felony, the Escheats go to the Lord of the Fee, and not to the King, except he be Lord: But pro­fits for the Estates for Lives, or in Tail, during the Life of Tenant in [Page 95]Tail, go to the King; And the King hath likewise annum, & diem, & vastum.

In Felony, Lands are not in the King, before Office, nor in the Lord, before Entry or Recovery in a Writ of Escheat, or Death of the Party attainted.

In Felony, there can be no pro­ceeding with the Accessary, before there be a proceeding with the Prin­cipal: If he dye, or plead his Par­don, or have his Clergy before At­tainder, the Accessary can never be dealt with.

In Felony, if the Party stand mute, and will not put himself up­on Tryal, or challenge perempto­rily above that the Law allows, he shall have Judgment, not of hanging, but of penance, of pres­sing [Page 96]to death; but there he saves his Lands, and forfeits only his Goods.

In Felony, at the Common Law, the benefit of Clergy or Sanctuary was allowed; but now by Stat. it is taken away in most cases.

In Felony, Bail may be admitted where the Fact is not notorious, and the Person not of ill name.

In Felony, no Councel is to be allowed to the Party, no more than in Treason.

In Felony, if the fact be commit­ted beyond the Seas, or upon the Seas, super altum mare, there is no Tryal at all in one case, nor by course of Jury in the other, but by the Ju­risdiction of the Admiralty.

In Felony, no witness shall be re­ceived upon Oath for the Parties Ju­stification, no more than in Treason.

In felony, if the Party be non sanae memoriae, although it be after the fact, he cannot be tryed nor adjudg­ed, except it be in course of Out­lawry, and that is also erroneous.

In felony, the Death of the Party before Conviction, dischar­geth all Proceedings and Forfei­tures.

In felony, if the Party be once acquit, or in peril of Judgment of Life, lawfully he shall never be brought in question again for the same fact.

In felony, the prosecution may be either at the King's Suit, or by way of Appeal; the Defend­ent shall have his course, and pro­duce Witnesses upon Oath, as in Civil Causes.

In Felony, the King may grant [Page 98] hault Justice to a Subject, with the Regality of Power to pardon it.

In Felony, the Tryal of Peers is all one, as in case of Treason.

In Felony, the Proceedings are in the King's Bench, or before Com­missioners of Oyer and Terminer, or of Goal-delivery, and, in some case, before Justices of the Peace.

CHAP. IX. Cases of Felony, de se, with the Pu­nishment, Tryal, and Proceedings.

IN the Civil Law, and other Laws, they make a difference of Cases of Felony de se; for where a man is called in question upon any ca­pital Crime, and killeth himself to prevent the Law, there they give [Page 99]the Judgment in all points of for­feiture, as if they had been attaint­ed in their Life-time: And, on the other side, where a man killeth him­self upon impatience of Sickness, or the like, they do not punish it at all: but the Law of England ta­keth it all in one degree, and pu­nisheth onely with loss of Goods, to be forfeited to the King, who ge­nerally grants them to his Almo­ner, where they be not sormerly granted unto special Liberties.

CHAP. X. Cases of Premunire.

WHere a man purchaseth, or accepteth any provision, that is, collation of any Spiritual [Page 100]Benefice or Living from the See of Rome, it is Premunire.

Where a man shall purchase any Process to draw any People of the Kings Allegiance out of the Realm, in plea whereof the cogni­zance pertains to the Kings Court, and cometh not in Person to an­swer his contempt in that behalf, before the King and his Coun­cil, or in his Chancery, it is Pre­munire.

Where a man doth sue in any Court which is not the King's Court, to defeat or impeach any Judgment given in the Kings Court, and doth not appear to answer his Contempt, it is Premunire.

Where a man doth purchase, or pursue in the Court of Rome or elsewhere, any Process, Sentence [Page 101]of Excommunication, Bull, or In­strument, or any other thing which toucheth the King in his Regality, or his Realm, in prejudice, it is Premunire.

Where a man doth affirm or maintain any Foreign kind of Ju­risdiction Spiritual, or doth put in ure or execution any thing for the advancement or setting forth there­of; such Offence the second time committed, is Premunire.

Where a man refuseth to take the Oath of Supremacy, being tendred by the Bishop of the Diocese, if it be an Ecclesiastical Person; or by a Commission out of the Chancery, if he be a Temporal Person, it is premunire.

Where a Dean and Chapter of any Church upon the Conge de [Page 102]Lier of an Archbishop or Bishop, doth refuse to elect any such Arch­bishop or Bishop, as is nominated unto them in the Kings Letters mis­sive, it is Premunire.

Where a man doth contribute, or give relief to any Jesuit or Se­minary Priests, or to any Person brought up therein, and called home, and not returning, it is case of Premunire.

Where a man is a Broker of an usurious contract above ten in the hundred, it is Premunire.

CHAP. XI. The Punishment, Tryal, and Proceed­ing in Cases of Premunire.

THe Punishment is by Impri­sonment during Life, forfei­ture [Page 103]of Goods, forfeiture of Lands in fee simple, & forfeiture of the pro­fits of Lands Intailed, or for Life.

The Trial and Proceeding is as in cases of Misprision of Treason, and the Tryal is by Peers, where a Peer of the Realm is the Offender.

Striking any man in the face of the King's Courts, is forfeiture of Lands, perpetual Imprisonment, and loss of that hand.

CHAP. XII. Cases of Abjuration and Exile, and the Proceedings therein.

WHere a man committeth any Felony, for the which at this day he may have priviledge of San­ctuary, and confesseth the Felony [Page 104]before the Coroner, he shall abjure the Liberty of the Real, and chuse his Sanctuary; and if he commit any new offence, or leave his San­ctuary, he shall lose the Priviledge thereof, and suffer as if he had not taken Sanctuary.

Where a man not coming to the Church, and being a Popish Recu­sant, doth perswade any the Kings Subjects to impugn his Majesties Authority in Causes Ecclesiastical, or shal perswade any Subject to come to any unlawful Conventicles, and shall not after conform him­self within a time, and make his submission, he shall abjure the Realm, and forfeit his Goods and Lands during Life; and if he de­part not within the time prefixed, [Page 105]or return, he shall be in the degree of a Felon.

Where a man, being a Popish Recusant, and not having Lands to the value of 20 Marks per annum, nor goods to the value of 40 l. shall not repair to his dwelling, or place where he was born, and there con­fine himself within the compass of five miles, he shall abjure the Realm; and if he return, he shall be in case of a Felon.

Where a man kills the King's Deer in Chases or Forests, and can find no Sureties after a years Im­prisonment, he shall abjure the Realm.

Where a man is a Trespasser in Parks, or in Ponds of fish, and af­ter three years Imprisonment can­not find Sureties, he shall abjure the Realm.

Where a man is a Ravisher of any Child, whose Marriage belongs to any Person, and marrieth the said Child after years of consent, and is not able to satisfie for the Marriage, he shall abjure the Realm.

CHAP. XIII. Cases of Heresie, and the Trial and Proceedings therein.

THE Declaration of Heresie, and likewise the Proceedings and Judgment upon Hereticks, is, by the Common Laws of this Realm, referred to the Jurisdiction Eccle­fiastical, and the Secular Arm is reached to them by the Common Laws, and not by any Statute for [Page 107]execution of them by the Kings Writ de Haeretico comburendo.

CHAP. XIV. The Kings Prerogative in Parlia­ment.

THE King hath an absolute ne­gative Voice to all Bills that pass the Parliament, so as without his Royal Assent they have a meer nul­lity, and not so much as Authoritas praescripta, or Senatus consulta had, notwithstanding the Intercession of Tribunes.

The King may summon Parlia­ments, dissolve them, prorogue them, and adjourn them at his Plea­sure.

The King may add Voices in the [Page 108]Parliament at his Pleasure, for he may give Priviledge to Borough Towns as many as he will, and may likewise call and create Barons at his pleasure.

No man can sit in Parliament except he take the Oath of Alle­giance.

CHAP. XV. The Kings Prerogative in matters of War or Peace.

THE King hath power to de­clare and proclaim War, and to make and conclude Peace and Truce at his pleasure.

The King hath power to make Leagues and Confederacies with Foreign States, more straight and [Page 109]less straight, and to revoke and disannull them at his pleasure.

The King hath power to com­mand the Bodies of his Subjects for the service of his Wars, and to mu­ster, train, and levy men, and to transport them by Sea or Land at his pleasure.

The King hath power in time of War to execute Marshal Law, and to appoint all Officers of War at his pleasure.

The King hath power to grant his Letters of Mart and Reprisal for re­medy to his Subjects upon foreign wrongs at his pleasure.

The King hath power to declare Laws by his Letters Patents for the government of any place conquer­ed by Arms, at his pleasure.

The King may give Knight-hood, [Page 110]and thereby mable any Subject to perform Knights Service at his pleasure.

CHAP. XVI. The Kings Prerogative in matters of Moneys.

THE King may alter his Stand­ard in baseness or fineness of his Coyn, at his pleasure.

The King may alter his stamp in form at his pleasure.

The King may alter the valua­tions of his Coyn, and raise and fall Moneys at his pleasure.

The King by his Proclamation may make Moneys of his own cur­rent, or not current, at his plea­sure.

The King may take or refuse the Subjects Bullion, and Coyn, more or less money.

The King by his Proclamation may make Fereign money current, or not current.

CHAP. XVII. The Kings Prerogative in matters of Trade and Traffick.

THE King may constrain the Person of any of his Sub­jects not to go out of the Realm at all.

The King may restrain any of his Subjects to go out of the Realm into any special Part fo­reign.

The King may forbid the expor­tation of any Commodities out of the Realm.

The King may forbid the im­portation of any Commodities into the Realm.

The King may set a reasonable Impost upon any Foreign Wares that come into the Realm, and so of Native Wares that go out of the Realm.

CHAP. XVIII. The Kings Prerogative in the Persons of his Subjects.

THE King may create any Cor­poration or Body Politick, and enable them to purchase, and grant, and to sue, and be sued, and [Page 113]that with such restrictions and mo­difications as he pleases.

The King may denizen and en­able any Foreigner for him and his Descendents after the Charter, though he cannot naturalize nor enable him to make pedegree from Ancestors Paramount.

The King may enable any at­tainted Person (by his Charter of Pardon) to purchase and to purge his Blood for the time to come, though he cannot restore his Blood for the time past.

The King may enable any dead Person in Law, as men professed, to take and purchase to the King's Benefit.

CHAP. XIX. An Answer to the Question proposed by Sir Alexander Hay Knight, touching the Office of Constables.

TO the first; Of the Original of the Authority of Consta­bles, it may be said, Caput inter nublia condit, for the Authority was granted upon the Ancient Laws and Customes of this Kingdom, practised long before the Con­quest, and intended and institu­ted for the conservation of the Peace, and repressing all manner of disturbance and hurt of the Peo­ple, and that as well by way of prevention as punishment; but yet so, as they have no Judicial pow­er, [Page 115]to hear and determine any cause, but onely a Ministerial power, as in the answer of the seventh Article more at large is set down.

As for the Office of the High Constable, the original of that is yet more obscure; for though the High Constables Authority hath the more ample Circuit, he being over the hundred, and the pety Constable over the Village; yet I do not find that the pety Consta­ble is subordinate to the High Con­stable, or to be ordered or com­manded by him: and therefore, I doubt, the High Constable was not ab origine, but that when the busi­ness of the Countrey increased, the Authority of the Justices of Peace was inlarged by divers Statutes; then, for conveniency sake, the Of­fice [Page 116]of High Constables grew in use for the receiving of the Commands and Precepts from the Justices of Peace, and distributing them to the petie Constables; and in token of this, the Election of High Consta­bles in most parts of the Kingdom is by the appointment of the Justi­ces of Peace, whereas the election of the pety Constable is by the Peo­ple.

But there be two things unto which the Office of Constable hath special reference, and which of ne­cessity, or at least a kind of congrui­ty, must precede the Jurisdiction of that Office, either the things them­selves, or somewhat that hath a simi­litude or analogy towards them.

1. The one is the division of the Territory, or gross of the Shires in­to [Page 117]Hundreds, Villages, and Towns; for the High Constable is Officer over the Hundred, and the pety Con­stable is over the Town or Village.

2. The other is the Court Leet, unto which the Constable is a pro­per Attendant and Minister, for there the Constables are chosen by the Jury, there they are sworn, and there that part of their Office which concerneth Information, is princi­pally to be performed; for the Ju­ry is to present Offences, and the Offenders are chiefly to take light from the Constables, of all matters of Disturbance and Nusance of the People, which they (in respect of their Office) are presumed to have best and most particular know­ledge of.

CHAP XX. Three ends of the Institution of the Court Leet.

1. THe first end of the Instituti­on of the Court Leet is, To take the Oath of Allegiance of all Males above the Age of twelve years.

2. The second, To enquire of all offences against the peace; and for those that are against the Crown and Peace both, to enquire of onely, and certifie to the Justi­ces of Goal Delivery; but those that are against the peace simply, they are to enquire and punish.

3. The third is, To enquire of, punish, and remove all publick [Page 119]Nusances and grievances, concer­ning Infection of Air, corruption of Victuals, ease of chaffer, and contract, of all other things that may hurt or grieve the people in general, in their health, quiet, and welfare.

And to these three ends, as mat­ters of policy subordinate, the Court Leet hath power to call up­on the pledges that are to be taken for the good behaviour of the Re­sidents that are not Tenants, and to enquire of all Defaults of Officers, as Constables, Ale-tasters, &c. and for choice of Constables, as afore­said.

The Jurisdiction of these Leets is ever remaining in the King, and in that case exercised by the She­riff in his turn, which is the grand [Page 120]Leet granted over to Subjects; but yet it is still the Kings Court.

2. To the second, as was said, The Election of the pety Consta­ble is at the Court Leet, by the In­quest that makes the Presentments; the Election of the Head Consta­bles is by the Justices of the Peace at their Quarter Sessions.

3. To the third, The Office is annual, except they be removed.

4. To the fourth, They be men (as it is now used) of inferiour, yea, of base condition, which is a meer abuse or degenerating from the first Institution; for the pety Constables in Towns ought to be of the better sort of Resiants in the said Town, save that they ought not to be Aged, or sickly, but men of able Bodies, in respect of keeping [Page 121]Watch, and toil of their place, nei­ther ought they to be in any mans Livery: And the High Constables ought to be of the ablest sort of Free­holders, and of the substantiallest sort of Yeomen, next to the degree of Gentlemen; but they ought to be such as are not incumbred with any other Office, as Mayor, Under­sheriff, Bailiff, &c.

5. To the fifth, They have no al­lowance, but are bound by Duty to perform their Offices gratis, which may the rather be endured, because it is but Annual, and they are not tyed to keep or maintain any Servants, or under-ministers, for that every one of the King's People are bound to assist them.

6. To the sixth; Upon complaint made (of his refusal) to any [Page 122]one Justice of Peace, the said Ju­stice may bind him over to the Sessions, where (if he cannot ex­cuse himself by some just allegati­on) he may be fined and imprison­ed for his Contempt.

7. To the seventh, The Autho­rity of Constables, as it is substan­tive, and of it self, or substituted and astricted to the Warrants and Commands of the Justices of Peace; so again, it is Original or Additio­nal; for either it was given them by the Common Law, or else an­nexed by divers Statutes. And as for subordinate Power, wherein the Constable is onely to execute the Commandments of the Justices of Peace, and likewise the additional power which is given by divers Statutes, it is hard to comprehend [Page 123]them in any brevity; For that they do correspond to the Office and Authority of the Justices of Peace, which is very large, and are crea­ted by the branches of several Sta­tutes, which are things of divers and dispersed natures: But for the original and substantive Power of a Constable, it may be reduced to three heads.

• 1. For matter of Peace only.
• 2. For matter of Peace and the Crown.
• 3. For matter of Nusance, Distur­bance, and Disorder, although they be not accompanied with violence and breach of Peace.

For pacifying of Quarrels be­gun, the Constables may, upon hot words given, or likelihood of breach of peace to ensue, command them [Page 124]in the Kings name to keep the Peace, and to depart, and forbear: and so he may where an Affray is made, part the same, and keep the Parties asunder, and arrest, and commit the Breakers of the Peace, if they will not obey, and call Pow­er to assist him for the same purpose.

For punishment of breach of Peace past, the Law is very sparing in giving any Authority to Consta­bles, because he hath no power ju­dicial, and the Use of his Office is rather for preventing or staying of Mischief, than for punishing of Offences; for in that part he is rather to execute the Warrants of the Justices, or when suddden matter ariseth upon his view, or notorious circumstances, to appre­hend Offenders, and carry them be­fore [Page 125]the Justice of Peace, and ge­nerally to imprison in like cases of necessity, where the case will not endure the present carrying before the Justices. And thus much for the matters of Peace.

For matters of the Crown, the Office of the Constable consisteth chiefly in four parts.

• 1. The first is Arrest.
• 2. The second is Search.
• 3. The third is Hue and Cry.
• 4. And the 4th is Seisure of goods.

All which the Constable may perform of his own Authority, without any Warrant of the Justi­ces of Peace.

1. For first, If any man will lay Murder or Felony to another's charge, or do suspect him of Mur­der or Felony, he may declare it to [Page 126]the Constable, and the Constable ought, upon such Declaration or Complaint, carry him before a Ju­stice, and if by common voice or Fame any man be suspected, the Constable, of Duty, ought to arrest him, and bring him before a Ju­stice, though there be no other ac­cusation.

2. If any house be suspected for the receiving or harbouring of any Felon, the Constable, upon com­plaint, or common fame, may search.

3. If any fly upon the Felony, the Constable ought to raise Hue and Cry, and search for his goods, and keep them safe without impair­ing, and to inventary them in the presence of honest neighbours.

4. For matters of common Nu­sance [Page 127]and grievance, they are of a very variable nature, according to the several comforts which mans Life and Society requireth, and the contraries which infest the same.

In all which, be it matter of cor­rupting Air, Water, or Victuals, or stopping, straitning, or indanger­ing passage, or general deceits in Weights, Measures, Sizes, or coun­terfeiting Wares, and things vendi­ble; the Office of the Constable is to give (as much as in him lies) Information of them, and of the offenders in Leets, that they may be presented. But because Leets are kept but twice in the year, and ma­ny of these things require present or speedy remedy, the Constable, in things of notorious and vulgar nature, ought to forbid and re­press [Page 128]them in the mean time.

8. To the eighth, They are for their Contempt to be fined and im­prisoned by the Justices in their Sessions.

9. To the ninth: The Oath they take is in this manner.

10. To the tenth, The Authori­ty is the same in substance, differ­ing onely in extent; The pety Con­stable serving onely for for one Town, Parish, or Borough, the Head Constable serving for the whole Hundred; Neither is the pet­ty Constable subordinate to the Head Constable for any command­ment that proceeds from his own Authority, but it is used, that the Precepts of the Justices be deliver­ed unto the High Constables, who being few in number, may better attend the Justices, and then the Head Constables by vertue thereof, [Page 131]make their Precepts over to the pet­ty Constables.

11. To the eleventh, In case of necessity he may appoint a De­puty, or in default thereof, the Steward of the Court Leet may; which Deputy ought to be sworn.

Now to conclude, the Office of Constables consists wholly in these three things; viz.

Their Of­fice con­cerning

• 1. The conservation of the Peace.
• 2. The serving the Pre­cepts and Warrants of the Justices.
• 3. Their attendance for the execution of Sta­tutes.

CHAP. XXI. Of the Jurisdiction of Justices Itine­rantes in the Principality of Wales.

THese Justices have power to hear and determine all cri­minal Causes, which are called, in the Laws of England, The Pleas of the Crown; and herein they have the same Jurisdiction that the Justices have in his Majesties Bench, commonly called the Kings Bench.

They have Jurisdiction to hear and determine all civil Causes, which are called in the Laws of England, Common Pleas; and do take knowledgement of all Fines, levied of Lands or Hereditaments, [Page 133]without suing out any Dedimus po­testatem; and herein they have the same Jurisdiction that the Justices of the Common Pleas do execute at Westminster.

Also they may hear and deter­mine all Assises upon Disseisins of Lands or Hereditaments, wherein they equal the Jurisdiction of the Justices of the Assize.

Justices of Oyer and Terminer may hear and determine all nota­ble Violences and Outrages perpe­trated or done within their several Precincts of the Principality of Wales.

• 1. The Prothonotory, his Of­fice is to draw all Pleadings, and to enter and engross all Re­cords [Page 136]and Judgments in civil Cau­ses.
• 2. The Clerk of the Crown, his Office is to draw and engross all Proceedings, Arraignments, and Judgments in criminal causes.

• 1. The Marshal, whose Office is to attend the Persons of the Judges at their coming, sitting, and going from the Sessions or Court.
• 2. The Crier, He is, tanquam pub­licus Praeco, to call forth such Per­sons whose appearances are neces­sary, and to impose silence to the People.

There is a Commission under the great Seal of England, to certain Gentlemen, giving them power to [Page 135]preserve the Peace, and to resist and punish all turbulent Persons, whose misdemeanours may tend to the disquiet of the People; and these be called the Justices of the Peace, and every of them may well and truly be called and termed Eire­narcha.

The chief of them is called Cu­sos Rotulorum, in whose custody all the Records of their Proceedings are resident.

Others there are of that number called Justices of Peace and Quo­rum, because in their Commission they have power to sit and deter­mine Causes concerning breach of Peace, and misbehaviour; the words of their Commission are conceived thus, Quorum, such and such, unum vel duos, &c. esse volumus; and with­out [Page 136]some one or more of them of the Quorum, no Sessions can be hold­en: And for the avoiding of a superfluous number of such Justi­ces (for through the Ambition of many, it is counted a credit to be burthened with that Authority) the Statute of 38 Hen. 8. hath ex­presly prohibited, that there shall be but eight Justices of Peace in every County. These Justices, be­ing appointed by the Lord Keeper, do hold their Sessions quarterly.

In every Shire, where the Com­mission of the Peace is established, there is a Clerk of the Peace, for the Entring and Engrossing of all Pro­ceedings before the said Justices. And this Officer is appointed by the Custos Rotulorum.

Every Shire hath its Sheriff, which word being of the Saxon English, is as much to say, as Shire Reeve, or Minister of the County: His Function or Office is twofold.

• 1. Ministerial.
• 2. Judicial.

As touching his Ministerial Of­fice, he is the Minister and Execu­tioner of all the Process and Pre­cepts of the Courts of Law, and thereof ought to make Return and certificate. 34 H. 8. c. 16.

As touching his Judicial Of­fice, he hath Authority to hold two several Courts of distinct na­tures: The one called the Tourne, because he keepeth his turn and circuit about the Shire, and hold­eth the same Court in several pla­ces, wherein he doth enquire of all [Page 138]Offences perpetrated against the Common Law, and not forbidden by any Statute, or Act of Parlia­ment; and the Jurisdiction of this Court is derived from Justice di­stributive, and is for criminal of­fences, and is held twice every year.

The other is called the County Court, wherein he doth determine all petty and small Causes civil, under forty shillings, arising with­in the said County, and thereof it is called the County Court.

The jurisdiction of this Court is derived from Justice Commutative, and is held every Month: The Of­fice of the Sheriff is annual, and in the Kings gift, whereof he is to have a Patent. [Page 139]Every Shire hath an Officer called an Escheator, which is an Office to attend the Kings Revenue, and to seize into his Majesties hands all Lands, either escheated Goods, or Lands forfeited, and therefore is called Escheator; And he is to in­quire, by good Inquest, of the death of the King's Tenants, and to whom their Lands are descended, and to seize their Bodies and Lands for Ward, if they be within age, and is accountable for the same; and this Officer is named by the Lord Treasurer of England.

There are in every Shire two o­ther Officers, called Crowners, or Coroners: they are to enquire by Inquest, in what manner, and by whom every Person dyeth of a vio­lent death, and to enter the same [Page 140]of Record, which is matter crimi­nal, and a Plea of the Crown, and therefore they are called Coroners, or Crowner as one hath written, be­cause their enquiry ought to be pub­lick, in corona populi. 34 H. 8.20.

These Officers are chosen by the Free-holders of the Shire, by ver­tue of a Writ out of the Chancery, De Coronatore elegendo: And of them I need not to speak more, because these Officers are in use elsewhere.

Forasmuch as every Shire is di­vided into Hundreds, it is also by the said Statute of 34 H. 8. cap. 26. ordered, that two suffici­ent Gentlemen, or Yeomen, shall be appointed Constables of every Hundred.

Also there is in every Shire one Goal, or Prison, appointed for the restraint of Liberty of such Per­sons as for their offences are there­unto committed, until they shall be delivered by course of Law.

In every Hundred of every Shire, the Sheriff thereof shall nominate sufficient Persons to be Bailiffs of that Hundred, and Under-mini­sters of the Sheriff; and they are to attend upon the Justices in eve­ry of their Courts and Sessions.