the use of the law consist principal in these three thing I to secure man  person from death and violence two to dispose the property of their good and  land III for preservation of their good name from shame and infamy for safety  of person the law provide that any man stand in fear of another may take his  oath before a justice of peace that he stand in fear of his life and the  justice shall compel the other to be bind with surety to keep the peace if any  man Beatrice wound or maim another or give false scandalous word that may  touch his credit the law give thereupon a action of the case for the slander  of his good name and a action of battery or a appeal of maim by which  recompense shall be recover to the valve of the hurt damage or danger if any  man kill another with malice the law give a appeal to the wife of the dead if  he have any or to the next of kin that be heir in default of a wife by which  appeal the defendant convict be to suffer death and to lose all his land and  good but if the wife or heir will not sue or be compound withal yet the king  be to punish the offence by indictment or presentment of a lawful inquest and  trial of the offender before competent judge whereupon be find guilty he be to  suffer death and to lose his land and good if one kill another upon a sudden  quarrel this be manslaughter for which the offender must die except he can  read and if he can read yet must lose his good but no land and if a man kill  another in his own defence he shall not lose his life nor his land but he must  lose his good except the party slay do first assault he to kill rob or trouble  he by the highway side or in his own house and then he shall lose nothing and  if a man kill himself all his good and chattel be forfeit but no land if a man  kill another by misfortune as shoot a arrow at a butt or mark or cast a stone  over a house or the like this be loss of his good and chattel but not of his  land nor life if a horse or cart or a beast or any other thing do kill a man  the horse beast or other thing be forfeit to the crown and be call a deodand  and usual grant and allow by the king to the bishop almner as good be of those  that kill themselves the cut out of a man tongue or put out his eye malicious  be felony for which the offender be to suffer death and lose his land and good  but for that all punishment be for example sake it be good to see the mean  whereby offender be draw to their punishment and first for the matter of the  peace the ancient law of England plant here by the conqueror be that there  shall be officer of two sort in all the part of this realm to preserve the  peace constabularii peace a keeper the office of the constable be to arrest  the party that he have see break the peace or in fury ready to break the peace  or be true inform by other or by their own confession that they have fresh  break the peace which person he may imprison in the stock or in his own house  as his or their quality require until they have become bind with surety to  keep the peace which obligation from thenceforth be to be seal and deliver to  the constable to the use of the king and that the constable be to send to the  king exchequer or chancery from whence process shall be award to levy the debt  if the peace be break but the constable can not arrest any nor make any put in  bind upon complaint of threaten only except they have see they break the peace  or have come fresh after the peace be break also these constable shall keep  watch about the town for the apprehension of rogue and vagabond and night  walker and eaves dropper scout and such like and such as go arm and they ought  likewise to raise hue and cry against murderer manslayer thief and rogue of  this office of constable there be high constable two of every hundred petty  constable one in every village they be in ancient time all appoint by the  sheriff of the shire yearly in his court call the sheriff tourn and there they  receive their oath but at this day they be appoint either in the law-day of  that product where they serve or else by the high constable in the session of  the peace the sheriff tourn be a court very ancient incident to his office at  the first it be erect by the conqueror and call the king bench appoint man  study in the knowledge of the law to execute justice as substitute to he in  his name which man be to be nam justice and placita in person king appointed  one of they be capital crime  justice call to his fellow the rest in number as  please the king of late but three justice hold by patent in this court every  man above twelve year of age be to take his oath of allegiance to the king if  he be bind then his lord to answer for he in this court the constable be  appoint and swear breaker of the peace punish by fine and imprisonment the  party Beatrice or hurt recompense upon complaint of damage all appeal of  murder maim robbery decide contempt against the crown public annoyance against  the people treason and felony and all other matter of wrong betwixt party and  party for land and good but the king see the realm grow daily more and more  populous and that this one court can not dispatch all do first ordain that his  marshal shall keep a court for controversy arise within the virge which be  within twelve mile of the chief tunnel of the court which do but ease the king  bench in matter only concern debt covenant and such like of these of the king  household only never deal in breach of the peace or concern the crown by any  other person or any plead of land insomuch as the king for further ease have  divide his kingdom into county and commit the charge of every county to a lord  or earl do direct that those earl within their limit shall look to the matter  of the peace and take charge of the constable and reform public annoyance and  swear the people to the crown and take pledge of the freeman for their  allegiance for which purpose the county do once every year keep a court call  the sheriff tourn at which all the county except woman clergy child under  twelve and not age above sixty do appear to give or renew their pledge of  allegiance and the court be call senate Franci pledge a view of the pledge of  freeman or turnus comitatus at which meeting or court there fall by occasion  of great assembly much bloodshed scarcity of victual mutiny and the like  mischief which be incident to the congregation of people by which the king be  move to allow a subdivision of every county into hundred and every hundred to  have a court whereunto the people of every hundred shall be assemble twice a  year for survey of pledge and use of that justice which be former execute in  that grand court for the county and the count or earl appoint a bailiff under  he to keep the hundred court but in the end the king of this realm find it  necessary to have all execution of justice immediate from themselves by such  as be more bind than earl to that service and ready subject to correction for  their negligence or abuse and therefore take to themselves the appoint of a  sheriff yearly in every county call they viscount and to they direct such writ  and precept for execute justice in the county as fall out needful to have be  dispatch commit to the sheriff guard comitatus by which the earl be spare of  their toil and labour and that be lie upon the sheriff so as now the sheriff  do all the king business in the county and that be now call the sheriff tourn  that be to say he be judge of this grand court for the county and also of all  hundred court not give away from the crown he have another court call the  county court belong to his office wherein man may sue monthly for any debt or  damage under forty pound and may have writ for to repleuie their cattle  distrain and impound by other and there try the cause of their distress and by  a writ call justice a man may sue for any sum and in this court the sheriff by  a writ call a exigent do proclaim man sue in court above to render their body  or else they be outlaw this sheriff do serve the king writ of process be they  summons attachment to compel man to answer to the law and all writ of  execution of the law accord to judgement of superior court for take of man  good land or body as the cause require the hundred court be most of they grant  to religious man nobleman and other of great place and also many man of good  quality have attain by charter and some by usage within manor of their own  liberty of keep law day and to use there justice appertain to a law day  whosoever be lord of the hundred court be to appoint two high constable of the  hundred and also be to appoint in every village a petty constable with a  tithing man to attend in his absence and to be at his commandment when he be  present in all service of his office for his assistance there have be by use  and statute law beside survey of the pledge of freeman and give the oath of  allegiance and make constable many addition of power and authority give to the  steward of leet and law-dais to be put in use in their court as for example  they may punish innkeeper victualer baker butcher poulterer fishmonger and  tradesman of all sort sell with under weight or measure or at excessive prince  or thing unwholesome or ill make in deceit of the people they may punish those  that do stop straiten or annoy the highway or do not accord to the provision  enact repair or amend they or divert water course or destroy fry of fish or  use engine or net to take deer cony pheasant or partridge or build pigeon  house except he be lord of the manor or parson of the church they may also  take presentment upon oath of the twelve swear jury before they of all felony  but they can try the malefactor only they must by indenture deliver over those  presentment of felony to the judge when they come their circuit into that  county all those court before mention be in use and exercise as law at this  day concern the sheriff law day and leet and the office of high constable  petty constable and tithing man howbeit with some further addition by statute  law lie charge upon they for taxation for poor for soldier and the like and  deal without corruption and the like conservator of the peace be in ancient  time certain which be assign by the king to see the peace maintain and they be  call to the office by the king writ to continue for term of their life or at  the king pleasure for this service choice be make of the best man of call in  the country and but few in the shire they may bind any man to keep the peace  and to good behaviour by recognizance to the king with surety and they may by  warrant send for the party direct their warrant to the sheriff or constable as  they please to arrest the party and bring he before they this they use to do  when complaint be make by any that he stand in fear of another and so take his  oath or else where the conservator himself do without oath or complaint see  the disposition of any man incline to quarrel and breach of the peace or to  misbehave himself in some outrageous manner of force or fraud there by his own  discretion he may send for such a fellow and make he find surety of the peace  or of his good behaviour as he shall see cause or else commit he to the goal  if he refuse the judge of either bench in Westminster baron of the exchequer  master of the roll and justice in eyre and assize in their circuit be all  without writ conservator of the peace in all shire of England and continue to  this day but now at this day conservator of the peace be out of use and in  lieu of they there be ordain justice of peace assign by the king commission in  every county which be movable at the king pleasure but the power of place and  displace justice of the peace be by use delegate from the king to the  chancellor that there shall be justice of the peace by commission it be first  enact by a statute make Edward III and their authority augment by many statute  make since in every king reign they be appoint to keep four session every year  that be every quarter one these session be a sit of the justice to dispatch  the affair of their commission they have power to hear and determine in their  session all felony breach of the peace contempt and trespass so far as to fine  the offender to the crown but not to award recompense to the party grieve they  be to suppress riot and tumult to restore possession forcible take away to  examine all felon apprehend and bring before they to see impotent poor people  or maim soldier provide for accord to the law and rogue vagabond and beggar  punish they be both to licence and suppress alehouse badger of corn and  victual and to punish forestaller regrator and engrosser through these in  effect run all the county service to the crown as taxation of subsidy muster  man arm they and levy force that be do by a special commission or precept from  the king any of these justice by oath take by a man that he stand in fear that  another man will Beatrice he or kill he or burn his house be to send for the  party by warrant of attachment direct to the sheriff or constable and then to  bind the party with surety by recognizance to the king to keep the peace and  also to appear at the next session of the peace at which next session when  every justice of peace have therein deliver all their recognizance so take  then the party be call and the cause of bind to the peace examine and both  party be hear the whole bench be to determine as they see cause either to  continue the party so bind or else to discharge he the justice of peace in  their session be attend by the constable and bailiff of all hundred and  liberty within the county and by the sheriff or his deputy to be employ as  occasion shall serve in execute the precept and direction of the court they  proceed in this sort the sheriff do summon twenty four freeholder discreet man  of the say county whereof some sixteen be select and swear and have their  charge to serve as the grand jury the party indict be to traverse the  indictment or else to confess it and so submit himself to be fine as the court  shall think meet regard have to the offence except the punishment be certain  appoint as often it be by special statute the justice of peace be many in  every county and to they be bring all traitor felon and other malefactor of  any sort upon their first apprehension and that justice to who they be bring  examine they and hear their accusation but judge not upon it only if he find  the suspicion but light then he take bind with surety of the accuse to appear  either at the next assize if it be matter of treason or felony or else at the  quarter session if it be concern riot or misbehaviour or some other small  offence and he also then bind to appear those that give testimony and  prosecute the accusation all the accuser and witness and so set the party at  large and at the assize or session as the case fall out he certify the  recognizance take of the accuse accuser and witness who be there be call and  appear the cause of the accuse be debate accord to law for his clear or  condemn but if the party accuse seem upon pregnant matter in the accusation  and to the justice to be guilty and the offence heinous or the offender take  with the manner then the justice be to commit the party by his warrant call a  mittimus to the gaoler of the common gaol of the county there to remain until  the assize and then the justice be to certify his accusation examination and  recognizance take for the appearance and prosecution of the witness so as the  judge may when they come ready proceed with he as the law require the judge of  the assize as they be now become into the place of the ancient justice in eyre  call justice itinerantes which in the prime king after the conquest until  Henry the three time especial and after in lesser measure even to Richard the  second time do execute the justice of the realm they begin in this sort the  king not able to dispatch business in his own person erect the court of king  bench that not able to receive all nor meet to draw the people all to one  place there be ordain county and the sheriff tourns hundred court and  particular leet and law-dais as before mention which deal only with crown  matter for the public but not the private title of land or good nor the trial  of grand offence of treason and felony but all the county of the realm be  divide into six circuit and two learned man well read in the law of the realm  be assign by the king commission to every circuit and to ride twice a year  through those shire allot to that circuit make proclamation beforehand a  convenient time in every county of the time of their come and place of their  sit to the end the people may attend they in every county of that circuit they  be to stay three or four day in every county and in that time all the cause of  that county be bring before they by the party grieve and all the prisoner of  the say gaol in every shire and whatsoever controversy arise concern life land  or good the authority of these judge in eyre be in part translate by act of  parliament to justice of assize which be now the judge of circuit and they do  use the same course that justice in eyre do to proclaim their come every half  year and the place of their sit the business of the justice in eyre and of the  justice of assize at this day be much lessen for that in Henry the three time  there be erect the court of common plea at Westminster in which court have be  ever since and yet be begin and handle the great suit of land debt benefice  and contract fine for assurance king bench marshal court county court sheriff  Tourns hundred leet and law-dais all which deal only in crown matter but the  justice in eyre deal in private title of land or good and in all treason and  felony of who there be twelve in number the whole realm be divide into six  circuit England divide into six circuit and two learned man in the law assign  by the king commission to ride twice a year through those shire allot to that  circuit for their trial of private title to land and good and all treason and  felony which the county court meddle not in of land and recovery which be wont  to be either in the king bench or else before the justice in eyre but the  statute of mag Char esp be negative against it videlicet communia placita non  to follow senate our men  say to hold in to some place  loco certainly which  locus determined must be the common plea yet the judge of circuit have now  five commission by which they sit the first be a commission of oyer and  terminer direct unto they and many other of the best account in their circuit  but in this commission the judge of assize be of the quorum so as without they  there can be no proceed this commission give they power to deal with treason  murder and all manner of felony and misdemeanour whatsoever and this be the  large commission that they have the second be a commission of gaol delivery  that be only to the judge themselves and the clerk of the assize associate and  by this commission they be to deal with every prisoner in the gaol for what  offence soever he be there and to proceed with he accord to the law of the  realm and the quality of his offence and they can by this commission do any  thing concern any man but those that be prisoner in the gaol the course now in  use of execution of this commission of gaol delivery be this there be no  prisoner but be commit by some justice of peace who before he commit he take  his examination and bind his accuser and witness to appear and prosecute at  the gaol delivery this justice do certify these examination and bind and  thereupon the accuser be call solemn into the court and when he appear he be  will to prepare a bill of indictment against the prisoner and go with it to  the grand jury and give evidence upon their oath he and the witness which he  do and then the grand jury write thereupon either billa true and then the  prisoner stand indict or else ignoramus and then he be not touch the grand  jury deliver these bill to the judge in their court and so many as they find  endorse billa true they send for those prisoner then be every man indictment  put and read to he and they ask he whether he be guilty or not if he say  guilty his confession be record if he say not guilty then he be ask how he  will be try he answer by the country then the sheriff be command to return the  name of twelve freeholder to the court which freeholder be swear to make true  delivery between the king and the prisoner and then the indictment be again  read and the witness swear to speak their knowledge concern the fact and the  prisoner be hear at large what defence he can make and then the jury go  together and consult and after a while they come in with a verdict of guilty  or not guilty which verdict the judge do record accord if any prisoner plead  not guilty upon the indictment and yet will not put himself to trial upon the  jury or stand mute he shall be press the judge when many prisoner be in the  gaol do in the end before they go peruse every one those that be indict by the  grand jury and find not guilty by the select jury they judge to be quit and so  deliver they out of the gaol those that be find guilty by both jury they judge  to death and command the sheriff to see execution do those that refuse trial  by the country or stand mute upon the indictment they judge to be press to  death some who offence be pilfer under twelvepence valve they judge to be whip  those that confess their indictment they judge to death whip or otherwise as  their offence require and those that be not indict at all but their bill of  indictment return with ignoramus by the grand jury and all other in the gaol  against who no bill at all be prefer they do acquit by proclamation out of the  gaol that one way or other they rid the gaol of all the prisoner in it but  because some prisoner have their book and be burn in the hand and so deliver  it be necessary to show the reason thereof this have their book be call their  clergy which in ancient time begin thus for the scarcity of the clergy in the  realm of England to be dispose in religious house or for priest deacon and  clerk of parish there be a prerogative allow to the clergy that if any man  that can read as a clerk be to be condemn to death the bishop of the diocese  may if he will claim he as clerk and he be to see he try in the face of the  court whether he can read or not the book be prepare and bring by the bishop  and the judge be to turn to some place as he shall think meet and if the  prisoner can read then the bishop be to have he deliver over unto he to  dispose of in some place of the clergy as he shall think meet but if either  the bishop will not demand he or that the prisoner can not read then be to be  put to death and this clergy be Allowable in the ancient time and law for all  offence whatsoever they be except treason and rob of church their good and  ornament but by many statute make since the clergy be take away for murder  burglary robbery purse cut horse steal and diverse other felony particularize  by the statute