The lay-mans lawyers revievved & enlarged being a second part of the practice of the law, relating to the punishment of offences committed against the publique peace : containing the forms of process, indictments, and proceeding to judgement, as well in all manner of crimes deserving death, as others of corporall and pecuniary punishments : also a discourse of pardons and remissions of punishments, the office and duty of a goaler, constable, and other assistants for preservation of the peace / by Tho. Forster ... ; with an exact table, relating to all the matters therein contained.
- Title
- The lay-mans lawyers revievved & enlarged being a second part of the practice of the law, relating to the punishment of offences committed against the publique peace : containing the forms of process, indictments, and proceeding to judgement, as well in all manner of crimes deserving death, as others of corporall and pecuniary punishments : also a discourse of pardons and remissions of punishments, the office and duty of a goaler, constable, and other assistants for preservation of the peace / by Tho. Forster ... ; with an exact table, relating to all the matters therein contained.
- Author
- Förster, Thomas.
- Publication
- London :: Printed for H. Twyford ..., and J. Place ...,
- 1656.
- Rights/Permissions
-
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- Link to this Item
-
https://name.umdl.umich.edu/A40012.0001.001
- Cite this Item
-
"The lay-mans lawyers revievved & enlarged being a second part of the practice of the law, relating to the punishment of offences committed against the publique peace : containing the forms of process, indictments, and proceeding to judgement, as well in all manner of crimes deserving death, as others of corporall and pecuniary punishments : also a discourse of pardons and remissions of punishments, the office and duty of a goaler, constable, and other assistants for preservation of the peace / by Tho. Forster ... ; with an exact table, relating to all the matters therein contained." In the digital collection Early English Books Online 2. https://name.umdl.umich.edu/A40012.0001.001. University of Michigan Library Digital Collections. Accessed May 5, 2024.
Contents
- title page
-
TO My much honoured Friend
WILLIAM JAMES ESQUIER. - TO THE READER.
- THE PREAMBLE TO THE READER.
-
THE LAY-MANS LAWYER.
-
When
Babingdon▪ and other Traytors his Complices (being in all fourteen) were attainted for conspi∣ring the death of QueenElizabeth; This Law against Traytors was executed according to tbe letter thereof, upon those seven who were executed the first day, but her Majesty was gratiously pleased to moderate the execution upon the other seven, so that they hang'd till they were dead. - Petit Treason.
- Misprision of Treason.
- Of Conjuration, Witchcraft, Sorcery, and Inchantment.
- Of Murder.
- Of Homicide, and the several kinds therof.
- For cutting out of Tongues, and putting out of Eyes.
- For Burglary.
- For burning of houses.
- Of Robbery.
- Of Hunting in the night in any Forrest, Parke, or Warren.
- Felony in wandring Souldiers, and Mariners.
- Of Felony for any having a Plague sore upon him, and goeth abroad.
- Of Felony in dangerous Rogues,
- Of Felony in Servants that imbezell their Masters goods committed to their trust, above 40. s.
- Of Larceny by the Common Law,
- Of Maymes.
- Premunire.
- Of Prophesies
- Of Approvers.
- Of false Tokens and Letters in other mens names.
- Of Theft-boot.
- Of Conspiracy.
- Of Bribery.
- Of Monomachia, or single Combates.
- Against going or riding Armed.
- Of Perjury and Subornation.
- Of forging of Deeds.
- Of Libells, and Libellers.
- Of Riots, Routs, and unlawfull Assemblies.
- Of malicious striking with any Weapon in Church, or Church-Yard.
- Against Fugitives, or such as go beyond the Seas without license, and return not upon command.
- Of Brothell Houses.
- Judgement in case of petit Larceny.
- In a Premunire at the suit of the King.
- In Theft-boot.
-
Death of a man per infortunium. -
Death of a man, Se defendendo. -
Of the death of a man who offereth to Rob,
&c. -
Of seizure of Goods,
&c. for Offences,&c. before Conviction. -
An Indictment for High Treason against the person of Q.
Elizabeth. - Against One for uttering words to move Rebellion.
- For counterfeiting Gold.
- For uttering false peeces of Gold.
- For receiving a Seminary Priest.
- For Saying and Hearing of Mass.
- For Coyning of Money.
- Against a Jesuite, and One that received him.
- What is Misprision.
-
For the Rape of a Maid, upon the Statute of 13.
Edw. 1. -
For the Rape of a Child under the age of ten years, upon the Statute of 18.
Eliz. -
For the Rape of a Maid of sixteen years upon the Statute of 13.
Edw. 1. - Petty Treason, against a woman poysoning her Husband, and the accessary.
- Against a Servant for killing his Master.
- Indictment of a man poysoning his Wife.
- For a Murther and Procurement in the high-way.
- For the murder of a Bastard Childe by the Mother and Midwife, and Accessaries before and after.
- For murder of a Woman by Crushing and beating her with Fists.
- Against a woman for murdering of her Child.
- For a murder by two, and an Accessary be∣fore the Fact.
- For killing a man by Witchcraft.
-
Mich 28.and 29.Eliz. - For Burglary and murder by strangling.
- For Manslaughter.
- For killing one with an Arrow by mischance.
- For homicide by a mad man.
-
5.
Jacobi, At Newgate Sessions. -
Hillary 9. Jac.in Banc. Regis. -
Pasc. 15.Car. -
M
nslaughter Pasc. 16.Car. in the Kings Bench. - Felo de se.
-
Pasc. 21.Jac. in the Kings Bench. - A Judgement in the Kings Bench, Trin. Car. upon an Indictment against a man for ha∣ving two Wives.
- For a Battery.
- For a Battery and Mayme
-
Pasc. 16. Jac.in the Kings Bench. -
11. Jac.
in the Star-Chamber. - For false Imprisonment.
- For false Imprisonment of a Mans Ser∣vants.
- For breaking Prison by a Felon.
- For giving in Evidence a false or forged Deed.
- For bewitching a horse.
- For getting money by colour of Process.
- For getting goods by counterfeit Letters.
- By getting money by a false token—as the former to this marke, and then say,
- For a Vagrant going under the name of a Souldier.
- For interrupting a Minister Saying Com∣mon Prayer.
-
For interrupting a Minister Saying Common Prayer upon the Statute. 1.
Eliz. - For taking of a Sack but not feloniously.
-
For being absent from the Church on the Statute of 1. Elizand 28. -
Mick. Terme
Jac. in the Kings Bench▪ - For keeping Vagabonds, Whores, and Idle per∣sons, and evill rule in his house.
- For keeping unlawfull Games.
- For keeping an unlicenced Alehouse.
-
Against Company-keepers, with such as call themselves
Aegyptians. - Another for keeping an unlicensed Ale∣house.
-
For keeping a Baudy House,
&c. - For a common Barater.
-
In the Kings Bench, Pasc. 3.Car. 3. - For Inmates.
- For using unlawfull Games.
- For Fighting in a Church-Yard.
- For negligent keeping of Fire, whereby the Neighbours goods burned.
- For stopping of a Common High way.
- For enclosing an High Way.
- For stopping up an usuall Way.
- For turning of a water course.
- For a Bridge in decay.
-
Trin. 21. Jac.in the Kings Bench. -
Pasc. 3.Car. in the Kings Bench. -
Trin. 15.Car. -
For not repairing a High way, on the Statute of 2.& 3.P. & M. & 5. Eliz. -
Trin 15.Car. -
Mich. 17.Car. - For the mending of a Way.
- For not comming to work at High wayes.
- Another for stopping a usuall Way.
-
Mich. 13.and 14. Eliz. - For taking away of a Mayden out of ano∣ther mans Custody.
- For tracing Hares in the Snow.
-
For Hawking in Corne upon the Statute of 23.
Eliz. - For getting of Quick-Wood.
- For chasing Sheep with Doggs.
-
For ingrossing Corne, upon the Statute of 5. Ed. 6.and renued 13. Eliz. -
For regrating Fish and Butter, on the Statute of 5. Ed. 6. - For Trespass in Corne.
- For taking Doves:
- For selling Trees and Ʋnder-wood.
- For breaking the Close, and taking away Cat∣tell, spoiling the Grass, and the continuance of the Trespass.
- Against a Constable for the escape of a Felon committed unto him.
- For Forestalling.
- For taking away a Stray.
- For ingrossing Corne growing.
- For refusing to Watch.
- For taking an excessive distress.
- For taking a distress in the High Way.
- For shooting Haile shot in a Hand-Gun.
- For breaking and digging the Soile where ano∣ther hath Common of Pasture.
- For taking Conies in a free Warren in the Night.
- For conspiracy of Bakers touching making of Bread.
- For pulling out of Eyes.
- part
- For Hunting in a Parke in the Night with Doggs and Buck-stalls.
- For a Labourer keeping a Greyhound.
-
For using more Trades then one, upon the Sta∣tute of 3. Ed. 3. - For seducing an Apprentice from his Masters Service.
- Of Conspiracy and Confedracy.
-
Mich. 17. Car. -
Mich. 2. Jacobiin the Kings Bench. -
Pasc. 23.Hen. 7. -
Trin. 23.Hen. 7. -
An Outlary avoided upon an Indictment, Mich. 27.H. 7. - For breaking Prison.
- Indictment in a Leete Quashed.
-
Pasc. 5. Ed. 6. -
Mich. 13.and 14. Eliz. - Oxon.
-
Trin▪ 20. Eliz. -
Mich. Term. 40.& 41. Eliz. - part
- part
-
Trin. 12.H. 7. -
Mich. 12.and 13. Eliz. - 30. Eliz.
-
Pasch 35. Eliz. - part
-
Mich. 32.and 33. Eliz. -
Pasc. 39. Eliz. -
Hillar. 30. Eliz. -
Pasc. 9. Eliz. -
Mich. 33.H. 8. -
Mich. 12.and 13. Eliz. -
Hillar. 28. Eliz.in the Kings Bench. - part
- 3. Eliz.
-
Trin. 36. Eliz.in the Kings Bench. - part
- part
- An Indictment void and quashed.
-
Trin. 21. Jac.in the Kings Bench. -
Pasch. 3. Car:in the Kings Bench. -
Tren. Mich. 15. Car. -
Pasch. 15. Eliz. -
Pasch. 12. Eliz. - part
- part
-
Pasc. 16. Eliz. -
Hillar. 2.and 3. P.and Mar. - part
- For Burglary against the Principall and Ac∣cessaries before and after the Act.
- Another for Burglary.
-
For breaking a house, and stealing goods in the day time, upon the Statute of 39. Eliz. -
Pasch. 1. Mar. - For burning of a dwelling house.
- For Robbing by the High Way.
- For a Robbery by the High Way.
-
Mich. 16. Jac.in the Kings Bench. - For Cutting of a Purse and twenty Shillings in it.
- For Purse Picking.
- For stealing Corne, and another for recei∣ving it.
- For stealing of a Cloke, and accessary before.
-
For a forcible entry and detainer upon the Sta∣tute of 8. H. 6. -
For a forcible entry upon the Statute of 5. Rich. 2. -
Pasch. 3.and 4. P.and Mar. -
Hillar. 5.H. 8. -
Trin. 7. Eliz. - For a riotous Assault.
-
For a Riot and rebellious assembly, upon the Statute of 1. Mary. - 3. Jac. in the Star-Chamber.
- For a felonious rescous.
- For a rescous upon a Bailiffe.
- For a rescous upon destraining for Rent
- For a rescue, for taking one from a Constable, who had attached him upon a Justice of Peace his Warrant.
- For rescuing Cattell taking damage Fe∣sant.
-
For rescuing of a man taken by a Bailiffe upon a
Cap. ad respondend. - For slandering a Judge of Assise.
- For a slandrous Writing and publishing there∣of against the Keepers of the Liberty, &c.
- For slandering a common person.
- part
- Ʋpper Bench.
- Proceedings upon Indictments.
- The Venire facias.
- The Distringas thus
- The Capias thus.
- The Alias thus.
- The Pluries thus.
- The Exigent.
- AN EXIGENT for a forcible Entry.
- Proceedings upon Indictments.
- part
- A Certiorari upon an indictment for a forci∣ble entry.
- A Certiorari to the Justices of the Goal Delivery.
- A Certiorari for an Indictment and Ʋt∣lawry.
- A Certiorari at the Sheriffs Turn.
- A Certiorari from the Bailiff of a Mannor.
- A Certiorari to the Steward and Bayliffs of a Mannor.
- CERTIORARES.
-
Warrants.
- A Warrant to attach for suspicious persons.
- warrant
- But if the party robbed do know the Felons, and their names, then the Warrant must be thus;
- A Warrant to attach one to appear at the Assises.
- A Warrant for men which have committed a Riot.
- A Warrant for the Peace.
- Another Warrant for the Peace.
- A Warrant for the good behaviour.
- warrant
- Another Warrant for the good behaviour.
- A Warrant for the good behaviour, directed to to the Sheriff.
- A Warrant to levie mony forfeited by Ale∣house-keepers.
- warrant
-
To the high Constables of the Hundred of
R. and to either of them. - warrant
- warrant
- warrant
- warrant
-
32. Eliz.
in the Kings Bench. - A Warrant to take men Indicted, that have not payed their Fines assessed upon them.
- A Warrant for the Peace granted by a Judge of Assise.
- A Warrant to attach a Fellon.
- A Warrant for one who hath dangerously hurt another.
- A Warrant to attach the reputed Father of a Bastard Child.
- A Warrant for a Fugitive servant.
- A Warrant to search for Sheep stealers.
- A Warrant to take a Felon granted in open Sessions.
- A Warrant for suppressing an Alehouse.
- A Warrant to take a common Alehouse-keeper who hath no License.
- A Warrant for choosing a new Constable.
- A Warrant for a Privie search to the High Constables.
- A Warrant to the High Constable to give warning to the Overseers of every Parish to be at the sitting of the Justices.
-
A Warrant against one for drinking a Health to the King of
Scots. - A Warrant for such as refuse to pay their Assesments.
- A VVarrant for removing of a petty Constable, and swearing of another.
- A VVarrant for the good Behaviour granted in the Sessions.
- A Warrant from a Justice of Peace to fetch a witness to give Evidence.
- Another Warrant for a fugitive Servant.
- A Warrant for one refusing to serve.
-
But if a man doth suspect that the Peace or good Beha∣viour will be demanded against him, or doth heare that a Warrant to that purpose is awarded against him, he may go and give surety by Rocognizance, for the Peace or gord Behaviour, before any other Justice or Justices of the same County (as the case requires) and may thereupon have a
Supersedeas, if for the Peace only, by one Justice; But if it be for the good Behaviour, the same is ordinarily granted in open Ses∣sions, or out of the Sessions, by two or more Justices, and not otherwise; whichSupersedeas for the Peace may be, and commonly is in this form.
-
Where the Writ de Securitate pacislieth. -
A
Supersedeas out of the Ʋpper-Bench, both for the Peace and good Behaviour. -
A
Supersedeas upon release of the Peace out of the Ʋpper-bench. -
A perpetuall
Supersedeas for the Peace upon baile. -
A
Supersedeas for the Peace out of the Chancery. -
Supersedeas
to the Peace. -
But for a Writ of
Supplicavit for the Peace, theSupersedeas must be in this forme.viz. -
The forme of the Recognizance to be taken upon granting a
Supersedeas for the Peace. - And if for the good Behaviour thus.
-
Of which Recognizances, and others of like nature, if a Writ of
Certiorari be prayed, it is thus made. -
A
Certiorari of a Recognizance under a pain. - MITTIMUS.
-
To the Keepers of the Goal at
M. - To the Keeper of the Goale at C.
-
To the Keeper of the Castle of
York, being the common Goale for this County. - part
-
A
Mittimus for an Alehouse-keeper formerly suppressed. -
A
Mittimus to the house of Correction for a dangerous Rogue. - part
-
A
Mittimus for such as hold Land by force. -
A
Mittimus to the House of Correction, of the Mother of a Bastard Childe. -
A
Mittimus of a reputed Father of a Ba∣stard Childe. - part
- 2. Eliz.
- part
- What challenges a Prisoner may have.
- part
- The Office of a Goaler, and concerning Escapes.
- part
-
Mich. 5.Ed▪ 6. -
Mich. 8.Hen. 8.Rot. 21. -
Pach. 26. Eliz.in the Common Pleas. - Clergy.
-
Hillar. 17. Jac. -
Pasche 2.Eliz. -
Mich. 3.and 4.Eliz. - Eodem Termino.
-
Trin. 4.Eliz. -
Trin. 5.Eliz. -
Mich. 6and 7.Eliz. -
Mich. 7.and 8.Eliz. -
Hillar. 13.Eliz. -
Pasche 13.Eliz. -
Mich, 7.and 8.Eliz. - part
- Felonies without Clergy.
- So are all Convicted of Burglary, and the accessaries before the Felony committed.
- Felonies without Clergy.
- Punishment of Felons and Traytors.
-
Mich 32.H. 8. -
Trin. 1.Ed, 4.Rot. 3.in the Kings bench. -
Mich. 3.and 4.Fliz. - 12. Eliz.
-
Pasc. 9.Eliz. - Church wardens.
-
Hillar. 16.Jac. in the Kings Bench. - part
- part
- To all his Bayliffs and faithfull people to whom these present Letters shall come greeting.
- Of Pardons.
-
Trin. 41.Eliz. in the Kings Bench. - Pardons.
-
Trin. 18.Carol. -
Pasch. 14.Eliz. -
Trin. 43.Eliz. -
Mich. 4and 5.Ph. and Mary. -
Pasch. 11.Jacobi. - 12. Iacobi.
- 13. Jacobi.
-
Term 15.Jac. in Banco Regis. -
In the same Term
ibidem. -
Mich. 38,& 39.Eliz. -
13.
H, 7. -
21.
H. 7. - 21. Hen. 7.
-
Pasch. 9.Hen. 8. - 7. Hen. 8.
-
Term. Mich. 9.H. 8. - part
-
When
- THE TABLE.