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ITEM, Whereas it is contained, in the statute made the thirteenth year No. VIII.

of the noble King Henry, father to our lord the King that now is, amongst other things, That if any riot, assembly, or rout of people against 21Henry V. “ the law be made in any part of the realm, then the justices of the peace,

st. 1. c. 8. “ three, or two of them at the least, and the sheriff or under-sheriff of the “ county where such riot, assembly, or rout shall be made hereafter, should A rehearsal of “ come with the power of the said county, if need were, to arrest them, the statute of “ and then should arrest; and the same justices, sheriff, or under-sheriff, 18 H. IV. c.7. “ should have power to record that which they found so done in their pre

provided sence against the law; and that by record of the same justices, sheriff, or

against those

that commit under-sheriff, such trespassers or offenders should be convict in manner

any riot, rout, “ and form as is contained in the statute of forcible entries. And if it hap

or unlawful pen that such trespassers or offenders were departed before the coming as

assembly. “ of the justices, sheriff, or under-sheriff, that the same justices, three, or “ two of them, should diligently inquire, within a month after such riot, “ assembly, or rout of people so made, and the same hear and determine,

according to the law of the land; and if the truth could not be found in manner as afore is said,* within a month then next ensuing, the said Add then. justices, three or two of them, and the sheriff or under-sheriff

, should certify before the King and his council all the deed and circumstance of “ the same; which certificate shall be of like force as the presentment of “ twelve men, upon which certificate the said trespassers and offenders “ shall be put to answer, and they which be found guilty, should be pun“ ished according to the discretion of the King and his council. And more

over, that the justices of peace dwelling nearest, in every county where “ such rout, assembly, and riot of people should be made hereafter, toge" ther with the sheriff or under-sheriff of the same counties, and also the “ justices of assizes for the time that they shall be in their sessions, in case “ that any such riot, assembly, or rout be made in their presence, shall “ make execution of this statute, every one of them upon pain of an C. li. “ to be paid to the King as often as they shall be found in default of exea 6 cution of the same statute. And forasmuch as many riots, routs, and “ assemblies have been made in divers parts of the realm, since the making “ and proclamation of the same statute, because that the same statute hath “ not been put in due execution, as our sovereign lord the King hath per“ceived by divers and grievous complaints to him made in this present “ Parliament;" the same our lord the King, willing hereof to provide a Commissions * better remedy, by the advice and assent aforesaid, and at the suit of the shall be award• said commons, hath ordained and stablished, That if default be found in ed to inquire of • the said two justices of the peace, or justices of assizes, and the sheriff or the riot, and of under-sheriff of the county where such riot, assembly, or rout shall be the justices, made, touching the execution that they ought to make by virtue of the and sheriffs'

defaults, * said statute, and whereof the said statute maketh mention, that then, at

the instance of the party grieved, the King's cominission shall go out un• der his great seal, to inquire as well of the truth of the case, and of the

original matter for the party complainant, as of the default or defaults of • the said justices, sheriff, or under-sheriff, in this behalf, supposed to be

directed to sufficient and indifferent persons, at the nomination and by • the direction of the Chancellor of the realm of England; and that the • said commissioners presently shall return into Chancery the inquests and • matters before them in this behalf taken and found; and moreover, that The coroners

the coroners of the same county for the time being, in which county such shall return . riot, assembly, or rout shall be made, shall make the panel upon the said the inqnest, • commission returnable for the time that the sheriff so supposed in default and of what 6 shall continue in his office, which coroners shall return no persons, but

sufficiency the

jurors shall be. only such which have lands, tenements, or rents to the value of x l. by year at least; and also that the same coroners shall return, upon every of What issues

the coroners • the said persons empanelled at the first day when issues be to be lost, xx s.

shall return • at the least, and at the sccond day xl s. at the least, and at the third day • Cs. at the least, and at every day after, the double at the least; which issues upon the jn

so returned by cause of monappearance of such persons impanelled, shall be what penalty. • adjudged as forfeit to the King, and leviable to his use; and if default be ' found in the said coroners, touching the return of such persons to be em

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No. VIII. panelled, or touching the return of such issues, as afore is said, that every 2 Henry V.

of them shall forfeit to the King's use forty pounds; and if it happen that

'the said sheriff so reputed in default, be discharged of his office at the st. 1. 6. 8.

time that such commission shall be awarded out of the Chancery, that

then the new sheriff of the same county, his successor mediate or immeWhere the

diate for the time being, and not the coroners of the same county, shall sheriff and not make the panel upon this commission returnable in manner and form, as the coroners shall return

the said coroners should do in the time when the sheriff so reputed in the jury.

default continued in his office; and that the same new sheriff shall incur * like pain of forty pounds to the King, if any default in him be found touching the return of other persons by him empanelled, which have not lands, tenements, or rents to the value of ten pounds by year, or of returning

• such issues which the said coroners be above charged to return, as the A writ direct- said coroners are to lose to the King in this behalf. And that the Chaned out of the

cellor of England for the time being, as soon as he may have knowledge Chancery to

of such riot, assembly, or rout, shall cause to be sent the King's writ to inquire of riots. the justices of the peace, and to the sheriff or under-sheriff of the county

• where they be so made, that they shall put the statute in execution upon 'the pain contained in the same; and though that such writ come not to the said justices, sheriff, or under-sheriff

, they shall not be excused of the pain aforesaid, if they make not execution of the said statute. A riot shall be

II. Provided always, That the said justices, and other officers aforesaid, repressed and shall execute their offices aforesaid at the King's costs, in going and coninquired of at tinuing and returning in doing their said offices, by payment thereof to be the King's

made by the sheriff of the same county for the time being, by indentures charges. betwixt the sheriff and the said justices, and other officers aforesaid, to be

made of the payment aforesaid, whereof the said sheriff, upon his acThe punish

'count in the Exchequer, may have due allowance; and that such rioters, ment of rioters. 6 attainted of great and heinous riots, shall have one whole year's imprison

'ment at the least, without being let out of prison by bail, mainprize, or in ' any other manner, during the year aforesaid; and that the rioters attaint

ed of petty riots shall have imprisonment, as best shall seem to the King or to his council; and that the fines of such rioters attainted, shall be by the said justices increased and put to greater sums than they were wont

to be put in such cases before this time, in aid and supportation of the Each able per- « justices and other officers aforesaid in this behalf; and that the King's son shall be

• liege people being sufficient to travel in the county where such routs, asassistant to the semblies, or riots be, shall be assistant to the justices, commissioners, justices and sheriff to re

sheriff, or under-sheriff of the same county, when they shall be reasonably warned, to ride with the said justices, commissioners, and sheriff, or under

sheriff, in aid to resist such riots, routs, and assemblies, upon pain of imBailiffs of

. prisonment, and to make fine and ransom to the king; and that the baifranchises. • liffs of franchises shall cause to be impanelled sufficient persons as before, Riots commit

upon pain to lose to the King forty pounds, in case that such sufficient ted in cities,

persons may be found within the same franchises; and that like ordinances boroughs, and towns corpo

and pains shall hold place and take effect in cities, boroughs, and other places and towns infranchised, which have justices of the peace within • the cities, boroughs, and other places aforesaid; and that this statute shall begin to hold place presently after the proclamation thereof made.?

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press riots.

rate.

[No. IX.) 3 Henry VI. c. 1.--Masons shall not confederate

themselves in Chapiters and Assemblies. No. IX. EN primes come par les annuelx congregations et confederacies faitz par 3 Henry VI.

les masons en lour generalx chapitres assemblez le bon cours et effect des estatuts de laborers sont publiquement violez et disrumpez en subversion de la leye et grevouse damage de tout le commune nostre Seignur, le Roi voillant en ceo cas purvoir de remedie par advis et assent suisditz et a la especial request des ditz Communes ad ordinez et establiz qe tieux chapitres et congregations ne soient desore tenuz. Et si ascuns tielz soient ceux qi fount faire assembler et tenir iceux chapitres et congregations sils ent soient convictz adjuggez pur felons et qe toutz les autres masons qi

c. 1.

viegnent as tielx chapitres et congregations soient puniz par emprisone

No. IX. ment de lour corps et facent fyn et raunceon a la volunte du Roi.

3 Henry VI.

c. 1. [No. X.] 8 Henry VI. c. 6.- If any threaten, by casting of

Bills, to burn a House, if Money be not laid in a certain
Place; and after do burn the House: Such burning of

Houses shall be adjudged High Treason.
ITEM pur ceo qe nostre Seignur le Roy a la grevouse compleint a luy fait

No. X. par les Communes de son Roialme en cest parlement ad entendu qe 8 Henry VI. diverses graundes meschiefs et subtielx felonies ou robberies ore tarde sont

c. 6. avenuz et faitz en la ville de Cantebrigge et aillours en lez countees de Cantebrigge et Essex et en autres lieux d’Engleterre par gents malefesours desconuz queux fount diverses billes directz as diverses gents de mesmes les ville countees et autres lieux d’Engleterre lour commaundaunt de mettre diverses graundes sommes dargent en certeins lieux ou les ditz mesfaisours ceo purront legierment emporter sanz estre prisez ou aperceux certificantz en lez ditz billes assignez as certein jour qe lez ditz mesfaisours ferrount le pluis graunde et outrageous vengeance qils_poient a toutz iceux qi ne youdrent my tielx sommes illoeqes mettre. Et pur ceo qé tielx sommes nount pas est mys en diverses lieux solonc le purport de mesmes les billes plusours measons biens et chateux de diverses persones ount estee felonousement et traiterousement au Cantebrigge et aillours en les countees et lieux suisditz arsez et tout outrement anientez parount le people de les ville countees et autres lieux suisditz sount graundement empoeverez et en point destre finalement destruitz mesme nostre Seignur le Roy voillant en ceo cas purvoier de remedie ad ordinee par auctorite de cest parlement qe toutz tielx arsures dex measons de qiqe persone soient adjuggez haut treson. Es qe ceste ordinance sextende auxibien a tielz arsures faitz puis le primer jour du regne de nostre Seignur le Roi tanqe cea come as arsures affairz en temps avenir Salvant tout foitz as toutz Seignurs et autres persones lour libertees en franchises sicome ad este fait et use devaunt ces heures en cas de forfaiture de felonie.

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c. 11.

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[No. XI.] 11 Henry VI. c. 11.-The Punishment of those

that make Assault upon any that come to the Parliament. ITEM, the King willing to provide for the ease and tranquillity of No. XI, them that come to the Parliaments and Councils of the King by his

11 Hen. VI. commandment, hath ordained and stablished, that if any assault or affray be made to any lords spiritual or temporal, knight of the shire, citizen or burgess, come to the Parliament, or to other council of the King by his commandment, and there being and attending at the Parliament or Council, that then proclamation shall be made in the most open place of the 'town by three several days, where the assault or affray shall be made, that 'the party that made such affray or assault yield himself before the King in

his Bench within a quarter of a year after the proclamation made, if it be ' in the time of the term, or otherwise at the next day in the time of the

term following the said quarter; and if he do not, that he be attainted of • the said deed, and pay to the party grieved his double damages, to be ' taxed by the discretion of the justices of the same Bench, for the time being, or by inquest, if it be needful, and make fine and ransom at the King's will; and if he come, and be found guilty by inquest, by examination, or otherwise, of such affray or assault, then he shall pay to the party so grieved his double damages found by the inquest, or to be taxed by the • discretion of the said justices, and make fine and ransom at the King's will, as above is said.'

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[No. XII.) u Henry VII. c. 7.—The principal Leaders of

any Persons to commit a Riot or unlawful Assembly, shall be committed to Prison so long Time, and pay such Fine,

c. 13.

and be bound to the Peace with Sureties in such a Sum of Money as shall seem meet to the Justices of Peace before whom the Complaint is made, or the indictment found. And if the Riot be with Forty Persons, or thought heinous, then the Justices of Peace shall certify the same, and send up the Record of Conviction to the King and his Council. To endure to the next Parliament.

[No. XIII. 19 Henry VII. c. 13.– Riot. No. XIII.

· WHEREAS in the Parliament holden at Westminster the Tuesday the 19 Hen. VII. morrow next after All Souls, the thirteenth year of the reign of King

Henry the Fourth, among other things it was enacted, ordained, and established, That if any riot, assembly, or rout of people against the law, were

'made in any part of the realm, That the justices of the Peace, three or Jurors impa

'two of them at the least, and the sheriff or under-sheriff of the county nelled to in

where such riot, assembly, or rout should be done, after the same statute, quire of riots, should come with the power of the shire, (if need should be) to arrest them, and the issues returned

and them should arrest; and the same justices and sheriff, or under-shetherenpon.

riff, should have power to record that that they should find so done in their

presence against the law, and that by the record of the same justices and The punish

sheriff, or under-sheriff, the same trespassers and misdoers should be conment of main- « victed'in manner and form, as it is contained in the statute of forcible entainers,where. tries; with divers and many other articles touching and concerning the by a riot is not found.

premises, as in the same statute made the said xiij. year more plainly at • large it appeareth, which statute is thought good and necessary: Wherefore by the advice and assent of the Lords Spiritual and Temporal, and the Commons, in this present Parliament assembled, and by authority of the same, Be it therefore ordained, established, and enacted, That the said Act made in the said xiij. year of King Henry the Fourth, concerning riots, assemblies, and routs of people, and all and every article and articles comprised in the same, and also all other statutes before this time made concerning the punishment of rioters, at the time of the making of this Act being in force, from henceforth stand in their force, and be duly put in execution after the tenors and purports of the same.

And forasmuch as in 'the said statute inade in the said xiij. year, is not expressed of what suffi. ciency the jurors impanelled should be, or what issues they should lose, if they appear not, nor no mention therein made of any punishment of the maintainers and embracers of the jurors that so shall be impanelled, should ' have for their misdemeanors, if any be:' It is therefore furthermore enacted by the said authority in this present Parliament, That if any riot, rout, or unlawful assembly, be committed and done at any time after the first day

of May next coming, within this realm of England, that the sheriff having How many ju- a precept directed to him, shall return xxiv. persons dwelling within the rors shall be

shire where such riot, rout, or unlawful assembly shall be so committed and returned to in done, whereof every of them shall have lands and tenements within the quire of a riot, same shire to the yearly value of xx s. of charter land or freehold, or xxvis. and of what

viii d. of copyhold, or of both, over and above all charges, to inquire of the sufficiency they shall be.

said riot, rout, or unlawful assembly. And he shall return upon every per, son so by him impanelled, in issues, at the first day xx s. and at the second

day xl s. if they appear not and be sworn to inquire of the premisses at the What issues first day. And if default be in the sheriff or under-sheriff

, for returning of shall be re

other persons, not being of the said sufficiency, or return not issues in form

aforesaid, that then the said sheriff shall forfeit to our Sovereign Lord the the jurors. King, for either default therein, xx. li. And if the said riot, rout, or unlawThe sheriff's ful assembly be not found by the said jury, by reason of any maintenance or forfeiture for embracery of the said jurors, then the same įustices and the sheriff, omitting his

sheriff

, over and above all such certificate that they must and be bound to duty. make, according to the said statute made in the said xiij

. year, shall in the Certificate of same certificate certify the names of the maintainers and embracers in that the maintain behalf, if any be, with their misdemeanors that they know, upon pain of ers and em. every of the said justices and sheriff

, or under-sheriff, to forfeit xx, li, if the bracers.

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turned upon

or under

same justices and sheriff, or under-sheriff, have no reasonable excuse for non- No. XIIJ. certifying the same; which certificate so made shall be of like force and effect in the law, as if the matter contained in the same were duly found by

19 Hen. VII. the verdict of twelve men: And every person duly proved to be a main

c. 13. tainer or embracer of the same shall forfeit to our said Sovereign Lord xx. li. and as well the same maintainers as the embracers shall be committed the forfeitures to ward, there to remain by the discretion of the justices.

of maintainers and embracers, whereby a riot is not found.

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[No. XIV.] 21 Henry VIII. c. 20.—The President shall be

associate with the Chancellor, &c. in Examination and

Punishing of Riots, &c. Obs. 16 Car. I. c. 10. [No. XV.] 26 Henry VIII. c. 11.- Whosoever dwelling in

Wales, or the Marches thereof, shall assault, beat or hurt any person of the county of Gloucester, Salop, or Hereford, and shall be indicted and convict thereof, shall be one Year

imprisoned.—[To endure to the next Parliament.] [No. XVI.] 33 Henry VIII. c. 12.—The Bill for the

p. Houshold. WHERE treasons, misprisions of treasons, murders, manslaughters, and No. XVI.

other malicious strikings, by reason whereof blood is or shall be shed, 33 H. VIII. against the King's peace, been often and many times done and committed within the limits of the King's palace or house, or other house or houses,

c. 12. • where and when his Majesty is there demurrant and abiding in his own

most royal person, which offences, when they be done, be best known by Punishment of • his Highness officers and ministers of his most honourable houshold, and murder and by his Majesty's servants of the chequer-roll; and if his Majesty shall bloodshed

within the happen to remove from such his palace or house, or other house or houses, where such offences were done, before the trial or determination thereof,

King's Court. then such offences might not lawfully be tried, heard and determined by • and before the said officers, but be remitted to be tried and determined by • the order of the common laws of this realm; by reason whereof, the pu

nishment of the said offenders in such cases hath been long delayed, and sometimes their offences forgotten and not remembered, and so escape un* punished:' Be it therefore enacted by the King our Sovereign Lord, with the assent of the Lords Spiritual and Temporal, and the Commons, in this present Parliament assembled, and by the authority of the same, That all treasons, misprisions of treasons, murders, manslaughters, bloodsheds, and malicious strikings, by reason whereof blood is or shall be shed against the King's peace, which hath been done since the feast of Al-Saints last past, or hereafter shall be done, within any the palaces or houses of his flighness or his heirs, or any other house or houses, at such time as his Majesty hath been since the said feast of All Saints, or hereafter shall happen to be then demurrant or abiding in his royal person, shall be from thenceforth inquired of, tried, heard and determined within any the King's palaces or houses, or other house or houses where his Majesty or his heirs shall hereafter_repair unto or be abiding, in manner and form following, That is to say, Before the lord great master, or lord steward for the time being, of the King's most honourable houshold, and of his heirs and successors; and in Where, and the absence of the said lord great master, or lord steward of the houshold, before 'whom before the treasurer and comptroller for the time being of the King's most murders, malihonourable houshold, and of his heirs and successors, and steward of cious strikthe Marshalsey for the time being, or two of them, whereof the stew- ings, &c. comard of the Marshalsey for the time being to be one, by virtue of their mitted in the offices, without any commission or other authority or power, other than by King's house the authority of this present Act, to be given unto them or any of them; shall be tried. which steward of the Marshalsey shall be for ever from time to time assigned and appointed by writing under the seal of the said lord great master,

Vol. V.

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