Page 469 Justices of peace ordained in lieu of conservators; of placing county services to the crown Beating, killing, burning of houses Recognizances of the peace delivered by the justices at their 469 469 - 469 469 470 The authority of justices of the peace out of their sessions. 471 - 471 The justices of assize have at this day five commissions by which they sit, viz. 1. Oyer and Terminer. 2. Gaol Delivery. 3. To take assizes. 4. To take Nisi Prius. 5. Of 471 471 The course the judges hold in their circuits in the execution of their commission concerning the taking of Nisi Prius The justices of the peace and the sheriff are to attend the judges in their county Of property of lands to be gained by entry Land left by the sea belongeth to the king Property of lands by descent Book allowed to clergy for the scarcity of them to be disposed in religious houses 473 475 - 476 - 476 - 477 - 478 Three rules of descent - 478 Customs of certain places Every heir having land is bound by the binding acts of his Page - 481 The reservations in knight's service tenure are four Homage and fealty Knight's service in capite is a tenure de persona regis - - 482 - 482 - 482 The institution of socage in capite, and that it is now turned into money rents Ancient demesne, what Office of alienation How manors were at first created Knight's service tenure reserved to common persons Villenage or tenure by copy of court roll 482 Court baron, with the use of it - 485 What attainders shall give the escheat to the lord - 485 Prayer of clergy - 486 He that standeth mute forfeiteth no lands, except for treason - 486 Flying for felony a forfeiture of goods Lands entailed escheat to the king for treason A person attainted may purchase, but it shall be to the king's use 487 Property of lands by conveyance is first distributed into estates, for years, for life, in tail, and fee simple Leases for years go to the executors, and not to the heirs Of the new device, called a perpetuity, which is an entail with 488 - 488 488 Page Where the intestate had bona notabilia in divers diocesses, then the archbishop of that province where he died is to commit administration 502 502-3 An executor may refuse the executorship before the bishop, if 503 503 - 503 - 504 Legacies are to be paid before debts by shop books, bills unsealed, or contracts by word 504 An executor may pay which legacy he will first. Or if the executors do want, they may sell any legacy to pay debts- 504 When a will is made, and no executor named, administration is to be committed cum testamento annexo 504 THE USE OF THE LAW. THE use of the law consisteth principally in these two things: the one, to secure men's persons from death and violence: the other, to dispose the property of their goods and lands.1 For safety of persons, the law provideth that any man standing in fear of another may take his oath before a justice of peace, that he standeth in fear of his life; and the justice shall compel the other to be bound with sureties to keep the peace. If any man beat, wound, or maim another, [or give out false words that may touch his name,] the law giveth [an2 action of the case, for the slander of his name; and] an action of battery, and an appeal of maim, by which recompense shall be recovered to the value of the hurt and damage. If any man kill another with malice, the law giveth an appeal to the wife of the dead, if he had any, or to the next of kin that is heir in default of a wife; by which appeal the offender convicted is to suffer death and to lose all his lands and goods. If the wife or heir will not sue, or be compounded withal, yet the King is to punish the offence by indictment or presentment of a lawful inquest, and trial of the offender before competent judges: whereupon being found guilty, he is to suffer death and lose his lands and goods. If one man kill another upon a sudden quarrel, this is manslaughter; for which the offender must die, except he can read; and if he can read, yet must he lose his goods and be burnt in the hand, but lose no lands. If a man kill another in his own defence, he shall not lose his life nor his lands; but he doth lose his goods, except the party slain did first assault him, to kill or trouble him by the highway side, or in his own house; and then he shall lose nothing. 1 The printed edition has "three things," the "third" being "for preservation of their good names from shame and infamy." The parts in brackets are omitted in Sloane MS.; and the form of the sentence, in which the damages seem grammatically attributable only to the action of battery, &c., inclines me to think that these are additions. If a man kill himself, all his goods and leases are forfeited, but not his lands. If a man kill another by misfortune, as shooting an arrow at a butt or mark, or casting a stone over a house, or the like, he is to lose all his goods and leases, but not life or lands. If a horse, or beast, or cart, or any other thing do kill a man, the horse, beast, cart, or other thing whose motion is used to the death, is forfeited to the crown, and is called a deodand and and usually granted and allowed by the King to some Bishop his Almoner, as goods are of those that kill themselves. The cutting out of a man's tongue or putting out his eyes maliciously is felony; for which the offender is to suffer death and lose his lands and goods. But for that all punishment is for example's sake, it is good to see the means whereby offenders are drawn to their punish ment. And first for matter of the peace: The ancient laws of England planted here by the Conqueror (from whom, and not above, we derive our laws, he having subdued all the former laws)', were, that there should be officers of two sorts in all the parts of this realm to preserve the peace: the one constabularii pacis, the other conservatores pacis. The constable's office was, to arrest the parties that he had seen breaking the peace or ready to break the peace, or was truly informed by others, or their confession, had freshly broken the peace: which persons he might imprison in the stocks or in his own house, as their quality required, until they had been bound with sureties by obligation to the King to keep the peace; which obligation was to be sealed and delivered to the constable to the use of the King; and that the constable was to send this obligation to the King's Exchequer or Chancery, from whence process should be awarded to levy the debt, if the peace were broken. But the constable could not arrest any, nor make any put in bond upon complaint of threatening, except he had seen them break the peace, or had come freshly after the peace was broken. The printed text omits the parenthetic sentence. |