law upon the offenders of this kind; whose offences being high-treason by the fundamental justice of this nation, and so their lives and whole estates, lands, and goods, being forfeited by the law for the same, yet this forfeiture hath not been exacted upon them; but, in hope they will at last see their errors, and repent for their misdoings, the parliament hath been pleased to carry a more tender hand, and, by way of commutation, to pass over their offences with the punishment of a small fine for such misdoings, yet with this silent admonition, like that to the woman in the gospel,Go thy way, and sin no more, lest a worse thing happen unto

thee.'

2. If any counterfeit the great seal, privy seal, or privy signet.

3. If any counterfeit the coin of the nation, or otherwise clip, or diminish it.

4. If any kill a judge, or justice of oyer and terminer, in his place, doing his office.

5. If any jesuit, or seminary priest, born in England, and ordained and professed beyond sea, by authority derived from the see of Rome, do come into, or abide within this realm.

6. If any the second time extol, defend, or maintain, within this realm, the usurped jurisdiction, or authority of the Pope, or any other foreign prince.

7. If any bring over and put in ure, or receive from beyond sea any bull, or instrument of absolution, or reconciliation, to absolve the people of this nation from their allegiance here to the see of Rome; or endeavour the second time to withdraw the people to the obedience of the see of Rome; or, if any be absolved, reconciled, or withdrawn. And here you must understand, that, in treasons, actors and consenters are principals, and there are no accessaries at all in treason,

Petty treasons are these.

If a servant kill his or her master or mistress.
If a wife kill her husband.

Premunire.

Touching premunire, it is, properly, a writ, or process of summons, awarded against such as brought in bulls, or citations from the court of Rome, to obtain ecclesiastical benefices, by way of provision, before they fell void; for, of old time, divers acts of parliament were made, viz. in the times of King Edward the Third, King Richard the Second, and King Henry the Fourth, against the Pope's exercise of jurisdiction within this nation, and against those subjects that did appeal, from the courts of justice here, to the court of Rome; and who obtained provisions there, to have abbies and priories, or benefices with cure, here; which proceedings tended (say those statutes) to the destruction of the realm, and of religion. Therefore, these being held to be great offences, and so tending to the disherison of the rights belonging to the crown and the people of England, and to the destruction of the common law, are made to be grievously punishable, viz. To be imprisoned during life, to forfeit lands and goods, and to be put out of the protection of the law. Afterward other later laws were made in the time of Queen Elisabeth, against other offences of like nature, wherewith we have now to do; namely,

If any send over, or contribute money, or relief, for maintenance of any jesuit, or seminary priest, or college beyond sea.

If any extol, defend, or maintain the jurisdiction or authority of the Pope (or of any other foreign prince) within this nation.

If any bring over any agnus Dei, crosses, pictures, or beads, hallowed (as they call it) at Rome, to disperse among the people, or if any person receive any such, or know of this offence, and conceal it three days.

If any do aid, or assist those, who put in ure any Pope's bulls, or instruments of absolution brought from Rome.

Misprision of treason are these.

If any know another to be guilty of high-treason, and do conceal it.
If any forge or counterfeit foreign coin, not current here.

If any utter counterfeit coin, knowing it to be such.

If any strike, or draw a sword, to strike a justice, sitting in place of judgment.

Felonies against the person of another are these.

If any commit homicide, viz. kill or slay another.

If, out of precedent malice, expressed or implied, it is murther.
If, upon a sudden falling out, it is manslaughter.

If in doing a lawful action, it is called chance-medley, misadventure, or misfortune.

If in his own defence, it is so stiled, homicide se defendendum, and so also poisoning, stabbing, and bewitching to death are homicides.

If any commit a rape, viz. have the carnal knowledge of a woman against her will, or with her will, if she be under ten years old.

If any take away, or consent, or assist to take away any maid, widow, or wife, against her will, she being then interested in lands or goods. If any marry a second husband, or wife, the first being alive.

If any commit buggery, or sodomy, a crime inter Christianos non nominandum, says the indictment,

If a gipsy, or counterfeit Egyptian, have continued a month within this nation.

If any person, appointed by law to abjure, refuse it, or return after abjuration.

If any do wilfully, and maliciously, cut out the tongue, or put out the eyes of another.

If any receive, or relieve, or maintain any jesuit, or other seminary priest, knowing him to be such.

If any incorrigible rogue, judged dangerous, and banished, return again.

If any dangerous rogue, branded in the shoulder, return again to a roguish life.

If any person, infected with the plague, wilfully go abroad, and converse among company.

Felonies against the Possession are these.

If any break a dwelling-house in the night, with intent to do any felonious act there,

If any rob another by the high-way, or take any thing privately from his person.

If any take the goods of another in his absence, with intent to steal them.

If any servant go away with his master's goods (delivered to him) with intent to steal them, being of the value of forty shillings, or above. If any rob a church.

If any maliciously burn the house, or stack of corn, or barn of corn, of another.

If any take up a hawk, and do not carry her to the sheriff, to be prolaimed.

If any do, the second time, forge any deed, evidence, or writing, and publish it to be a good deed.

If any acknowledge a fine, or judgment, or deed, to be inrolled in the name of another, and not being the true person.

If any rase, imbezzle, or withdraw any record of the court.

If any use the art of multiplication of gold, or silver.

If any hunt by night in parks or warrens, with painted faces, or other disguises, and deny it upon examination.

If any persons, above twelve in number, raise any tumults or unlawful assemblies.

If above forty persons shall assemble together to do any unlawful act, and shall continue together, three hours, after proclamation for their departure.

If any depart out of this nation, to serve a foreign prince, without leave, and before bond entered, and oath taken according to the statute. If any soldier, or mariner, who hath received press-wages, according to the statute, do afterward depart from their service, without license.

If any such soldier or mariner, do wander and beg, without a pass, or if they counterfeit their pass.

If any person having the custody of publick stores of victuals, or ammunition, imbezzle, or purloin any of it, to the value of twenty shillings, or above.

If any do the second time transport sheep beyond sea.

If any persuade another to commit any felony, or receive and assist any felon, after the felony committed, these are accessaries to the felony.

If any rescue a felon from prison.

If any felon break prison, and escape, or be suffered to escape, and be rescued.

Bisprision of felony is this.

If any know another to have committed felony, and do not reveal it. Trespasses and offences against the peace, finable, are these,

If any menace, assault, beat, or wound another.

If any make unlawful entry upon other men's lands, or unlawfully take away other men's goods.

If any make unlawful assemblies, routs, or riots.

If any chide, brawl, or draw a weapon to strike, or do strike in a church, or church-yard.

If any keep a fair, or market, in any church, or church-yard.
If any say, or hear mass.

If papists be absent from church, a month together.

If any keep a recusant school-master, or other recusant servant in his house.

If any shall voluntarily disturb the preacher in his sermon.

If any affirm, that the eating of fish, or forbearing flesh at set times, are necessary for our salvation, or for other purpose, than as a politick constitution.

If any frame, make, or publish any false, scandalous, writing, or picture against another, or libellous, or to the disgrace of others, or whereby to move contention amongst the people.

And, touching this devilish intention of libelling and defaming others, in these days, more frequent than ever, by false and horrible lyes, and slanders, and pamphlets published even against the parliament itself, and every member of it, and every man that wishes well to it, yourselves can testify how frequent it is, and hath been of late, and therefore I beseech you be careful to find out some of those, who have been offenders in it.

And thus you have here mention of the offences against publick peace, which are so many diseases in the heart of the politick body of the commonwealth.

Next come the offences against publick justice, which are also to be found out by us; and these are either against justice in the general, or are offences by officers trusted in particular administrations, or by artificers, and labourers, and masters, and servants.

Offences against justice in general.

If any be a common stirrer, and procurer of law-suits, or a common brabbler or quarreller, among his neighbours; this is barratry.

If any buy or contract, for a pretended right or title to land, or other thing in controversy of suit; this is unlawful buying of titles.

If any maintain the law suit of another, to have part of the thing in demand, otherwise; this is maintenance or champerty.

If any get goods of another into his hands, by false tokens and messages; this is a deceit punishable.

If any counterfeit any deed or writing, and publish it as true, this is forgery.

If any corrupt a jury-man, by bribery or menace, to divert him from giving a just verdict, this is imbracery.

If any corrupt any of you of the grand jury, by bribes, or otherwise, to make favourable presentments.

If any informer, upon penal laws, do not duly pursue his information, or, if he sue out a process, before the information be exhibited, or compound before the defendant hath answered, or after an answer without license.

If any wilfully and corruptly swear falsly, in evidence to a jury, it is perjury and to procure another so to to do, is subornation of perjury. If any take more interest upon loan of money, than after eight pounds cent. for a year, this is unlawful usury and extortion.

Touching publick officers, trusted in the administration of justice, and failing in their Duty.

First, the sheriff.

This is a great officer, and is much trusted in the service of the people, and, by the state of articulum super chartas, is to be chosen yearly by the people, that they might the better be assured of those they trusted. But this privilege of election (among others) the people have lost, and the court, of later times, did learn how to make profit, both_by electing sheriffs, as also by keeping them off from being elected.

In his office you find him a judge, and a minister of justice: He is a judge in his court, called the Turn, and sits as judge, and hath the profits in the court, called the County Court.

Touching the Turn.

If the sheriff, or his deputy, do not send indictments, found in his turn, to the next sessions.

If the sheriff, or bailiffs, arrest any person upon an indictment in his turn, or levy the fines, or amerciaments, imposed in his turn, without warrant indented from the sessions.

Touching the County Court.

If the sheriff, or his bailiffs, enter plaints in his county court, in the absence of the plaintiff, or of some other known person authorised by him.

If the sheriff, or his bailiffs, enter more plaints than one, in his county court, upon one cause of action.

If the sheriff, or his bailiffs, fail to summon the defendant to appear at the county court.

If the sheriff, or his bailiffs, levy the amerciaments, set in the county court, upon the defendants for not appearing, called, the Sheriff's amerciaments, without an indented estreat between him and two justices of the peace.

As a minister of justice.

If the sheriff let his county or bailiwick to farm.

If the sheriff, or his bailiffs, collect the green-wax estreats of the exchequer, without shewing the estreats under seal.

If the sheriff's officer, or jailer, for any cause, but court fees, detain any prisoner in jail, after the court hath discharged him.

If any sheriff make out any warrant to make an arrest, not having the process then in his custody.

If the sheriff, or his deputy, take for breaking-up a common law mean process, and making an arrest, above two shillings and four pence, viz. twenty pence the warrant, four pence the arrest, and four pence the bond, if the defendant be bound, or four pence the jailer, if the defendant come to the jail.

If the sheriff, or his deputy, take above one shilling a pound for doing an execution, under one-hundred pounds, and six pence a pound for every hundred pounds more, and this, after the execution is levied.