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Barrator.
their Office, and other others in pursuing Hue and Cry, where any Felony
or other Offences against the Peace be done, may lawfully bear Armour or
Weapons. |
Chap. 10. |
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Also it seemeth that any Justice of Peace may command
that Weapons
be taken from such Prisoners as at any time shall be brought before him. |
12 R.2.2. |
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Also if any Servant to Husbandry, or to any Artificer,
or Victualler, or
any Labourer, shall bear any Buckler, Sword or Dagger, except they be
travelling with their Master, or in their Masters message) it seemeth every
Justice of Peace may imprison them till they have found Sureties for the
Peace, and may seize the same as forfeit) and present the said Weapons
at
the next Sessions of the Peace. But this Statute seemeth now to be
repealed
by the Statute made 21 Jac. 28. |
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And yet, by the first Assignavimus in
the Commission, the Justice of Peace
may do it, especially if he suspect any breach of the Peace to be intended
by
them.
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12 R.2.6.
P. 2. |
§. 1. |
CHAP. X.
Barrator.
Barrator cometh from the French Barrat, id
est astutia, and in that
Tongue betokeneth a Deceiver. In our Law a Barrator is a common
Wrangler that setteth men at odds, and is himself never quiet, but at Braul
with one or other. Dr. Cow. & Minsh. |
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Every Justice of Peace (upon his discretion) may
bind to the Peace or
Good Behaviour, such as are common Barrators. |
9 R.4.4.
Lamb. 79.
Co. 8.36. |
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Also a common Barrator is he who is either a common
Mover and
Stirrer up (or Maintainer) of Suits in Law in any Court, or else of Quarrels
or parties in the Country. Co. l. 368. |
9 R.4.3.2 |
| §. 2. |
As if any Court of Record, County Court, Hundred,
or other inferiour
Courts, any person by fraud or malice under colour of Law, shall
themselves maintain (or stir up others unto) multiplicity of unjust and
feigned Suits or Informations (upon penal Laws,) or shall maliciously
purchase a special Supplicavit of the Peace, to force the other
party to
yield him Composition; all such are Barrators. |
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In the Country; and these are of three sorts. |
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| §. 3. |
1. Disturbers of the Peace, viz. such
as are either common Quarrellers
or Fighters in their own cause; or common Movers or Maintainers of
Quarrels and Affrays between others. |
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2. Common-Takers or Detainers (by force or
subtilty) of the possessions
of houses, lands or goods, which have been in question or controversies. |
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3. Inventers and Sowers of false Reports,
whereby discord ariseth, or
may arise between Neighbours. All these are Barrators. |
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Yea, if one be Communis Seminator litium,
he is a Barrator. West Indict.
75, 76. |
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Or if any man of himself be Communis oppressor
vicinorum, (a common
Oppressor of, or Wrangler with, his neighbour or others) either
by unjust
or wrangling Suits, or other oppressions or deceits, he is a Barrator. |
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Or if one be Communis Pacis perturbator,
Calumniator, & Malefactor, he
is a Barrator. Crom. 257. |
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| §. 4. |
But all such persons must be common Barrators, sc.
not in one or two,
but in many causes. |
Co. 3.37. |
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A Feme covert cannot be indicted of common Barretry,
and an Indictment
against one for that offence was quasht. T. 16 Jac. Rolls, Rep.
part 2. p. 39. |
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