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 per 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.

If the sheriff, or his bailiff take any money, or other reward, for sparing an arrest, or for letting to bail persons not bailable, or for shewing him any other favour.

If the sheriffs refuse to let to bail

who are bailable by law.

persons arrested upon mean process,

If the sheriff, or his deputy, take a bond, for appearance of any other form, than that directed by the statute.

If the sheriff return any jurors, without their true addition.

If the sheriff or his deputy take any thing, for making and returning pannels of juries, or take above four-pence for the copy of one pannel. If the sheriff or jailer deny to receive, without fee, felons sent to the jail.

If the bailiff of any liberty do not perform the same duties as are enjoined to sheriffs, in executing warrants and processes directed to

hem.

Touching the constable.

This is an officer of justice, and an officer of peace, and is of great trust, and good use, if he perform his duty; and therefore, by the way let me say, that care must be taken by the justices of peace, and stewards in leets, that able and honest persons, and fit for the service, be put into this employment.

If he does not endeavour to preserve the peace and prevent the breach of it.

If he does not arrest night-walkers, and suspected persons.

If he does not hastily pursue hue-and-cry after murtherers, and robbers.

If he does not cause watch by night, and ward by day, to be kept within his office, from Ascension-day, to Michaelmas-day, and ward by day, the rest of the year.

If he does not truly execute and return all warrants sent to him, from justices of the peace.

If he does not appoint in Easter-week overseers of highways.

If he does not apprehend beggars, rogues, and vagabonds that are wandering or begging within his office, and if any have hindered him from doing his duty therein.

If he does not punish, by the stocks, such as refuse to labour in hay and harvest-time.

If he does not inventory felons goods happening within his office.

If he does not, once a month, search ale-houses, maltmakers houses, and houses of gaming and bawdery.

If he does not present at the sessions, or to the next justices, the disorders in ale-houses, defects in highways, recusants absence from church, and such as keep dogs, guns, nets, and the like, for the unlawful taking of wild-fowls and hares.

If he does not drive the commons within his office for infected and unlawful cattle, once (at least) in summer.

Coroner.

If he fail to perform his duty upon summons as well where the fact is by misadventures, as by man's hand.

If he take any fee, where the fact is by misadventure.

If he take any fee, above thirteen shillings and four-pence where the fact is by man's hand, and that of the goods of the manslayer, if he be in custody; or, if he escape, then of the town, where the fact was done.

Clerk of the market.

If he take any common fine for dispensing with faults in weights and

measures.

If he take any fee for marking weights and measures, but those allowed, viz, one penny for a bushel and hundred-weight; half a penny for half a bushel, and half a hundred-weight; a farthing for every less weight or measure.

Clerk of the peace.

If he take any fee for his office-doing, but those allowed, viz. for an ale-house recognisance, one shilling.

For a badger's or drover's license, two shillings.

For inrolling presentments for recusants 0.

For inrolling of a recognisance of a rogue, taken into service, one shilling.

For inrolling a deed of bargain, and sale of land, being under forty shillings per annum value, one shilling.

And if it exceed forty shillings, per annum value, two shillings and six-pence.

Ordinary.

So formerly called, as having had jurisdictionem ordinariam in jure proprio. But that name and thing fell away with the bishops. And the officer, who now officiates in that service of proving the last wills, and granting the administration of the goods of dead men in the southern province, doth it now by the mediate authority and power of the parliament, by vertue of an ordinance for that purpose. But, in these northern parts, the old authority is both boldly and unlawfully exercised, and continued without any warrant at all. But touching the fees, taken upon these occasions, thus much is to your present purpose.

If he take any fee, but those allowed for proving of a will, or granting an administration, viz.

Where the inventory exceeds forty pounds, five shillings.

Where it is under forty pounds, and above five pounds, three shillings and six-pence.

Where but five pounds, or under, six-pence.

Or a penny for every ten lines, ten inches long, which rate is also allowed for their copies.

And what is taken, more than those, is extortion.

If any minister take any mortuary, but where the custom of the place allows it; or where it is allowed, if he take any mortuary for an infant, feme covert, or traveller; or if he take any thing, where the inventory is under ten marks; or, if he take above three shillings and four-pence, where the inventory is above ten marks, and under thirty pounds; or,

if he take above six shillings and eight-pence, where the inventory is above thirty pounds, and under forty pounds; or, if he take above ten shillings, where the inventory is above forty pounds.

Searchers and sealers of leather.

If they be not appointed by the owner of the market, in market

towns.

If they (being appointed) refuse the office.

If they do not, in convenient time, perform their duty and office upon particular occasions when leather is brought to them to view. If they be not furnished with a register-book and a seal.

If they fail to set down all bargains of tanned and unwrought leather.

If they allow such as is insufficient, or disallow such as is sufficient. If they take any fee, save such as is allowed, viz. for every ten hides, two pence, and for every six dozen of calves-skins, two-pence.

If triers of tanned leather, seized for insufficient, be not appointed by the owners and rulers of fairs or markets.

If the triers refuse to perform their duty.

Toll-gatherers.

If owners or rulers of fairs and markets have not appointed some certain place for sale of horses there, and a toll-gatherer to attend.

If the toll-gatherer do not sit in an open place, in markets and fairs, where horses and cattle are sold, and continue there from ten of the clock in the morning, till sun-set.

If he do not keep a register-book, and therein set down the bargains brought before him, and have the parties and vouchers present which he knows.

If he take any fee or reward save that allowed, viz. a penny for one bargain entering.

If any person, coming in as a voucher, take upon him the knowledge of the seller, and do not in truth know him.

If the toll-gatherer refuse to deliver a copy of his entry, or take above two-pence for it.

If they refuse to execute their office, being appointed thereto by the justices of peace.

If they do not provide a common stock, and take care to keep the poor at work upon the common stock of the parish.

If they do not meet once a month particularly to confer about the performance of their duty.

If they do not raise a weekly taxation for the maintenance of the impotent poor.

If they suffer their parishioners to wander and beg out of their parish, or in their parish, without license.

Overseers of high-ways.

If they refuse to execute the office, being chosen thereto by the constable and neighbourhood.