their Letters Patents have given and granted any Liberty and Authority or otherwise have Authority by other lawful means or ways to ordain make and constitute any of the said Officers of Custos Rotulorum or Clerk of the Peace within any County Palatine or other place and may have and enjoy the same Liberty and Authority according as they have enjoyed the same any thing in this present Act had or made to the contrary notwithstanding Parliament Where in the Parliament begun at Westminster the sixteenth day of January in the three and thirtieth year of the Kings Majesties Reign Cap 7. viz. 33 H. 8. Cap. 10. § 1. N. 3. it was Enacted amongst other things that all and singular Iustices of the Peace within any Shire City Borough or place within this Realm of England Wales or any other the Kings Dominions should yearly at the general Sessions of the Peace to be holden next after the Feast of Easter assemble themselves together that is to say every number of them within the limits of their Commissions wherein they be named Iustices of the Peace c. Justices And forasmuch as the Kings most loving Subjects are much Travailed and otherwise Incumbred § 2. N. 1. in comming and keeping of the said six weeks Sessions to their Costs Charges and Vnquietness Be it therefore Enacted by the King our Soveraign Lord § 2. N. 2. with the Assent of the Lords Spiritual and Temporal and the Commons of this present Parliament assembled and by the Authority of the same that the said former Act made in the said three and thirtieth year of the Kings Majesties Reign viz. 33 H. 8. Cap. 10. and all Ordinances Articles Provisions and things therein contained shall be from henceforth repealed Inquest annulled and utterly voyd and of none effect to all Intents Constructions and Purposes § 2. N. 3. And that all and every Article therein contained viz. in 33 H. 8. Cap. 10. Justices shall be by vertue hereof inquired of before all Iustices of Peace at their August Quarter Sessions § 2. N. 4. And that the same Iustices of Peace at their said Quarter Sessions shall have like Power and Authority by vertue hereof to punish and reform all and every such Offence and Offences in like manner and form as they might have done by vertue of the said former Act made in the said three and thirtieth year of the Kings Reign viz. 33 H. 8. Cap. 10. Statuta Edw. 6. Religion AND for full and effectual Execution of c. this Act 1 Ed. 6. C. 1. § 1 N. 7. viz. against Reviling the Sacrament c. be it furthermore Enacted c. that c. the Iustices of Peace or three of them at the least whereof one of them to be of the Quorum in every Shire of this Realm and Wales and all other places within the Kings Dominions shall have full Power c. as well to take Information and Accusation by the Oaths and Depositions of two able honest and lawful persons at the least Days And after such Accusation or Information so had § 1. N. 8. to inquire by the Oaths of twelve men in every their four Quarter Sessions yearly to be holden of all and singular such Accusations or Informations to be had or made of any of the Offences abovesaid c. within the limits of their Commission Indictment And that upon every such Accusation and Information the Offender § 1. N. 9. c. shall be inquired of and indicted before the said Iustices of Peace or three of them at the least c. of the said Contempts and Offences by the Verdict of twelve honest and indifferent men if the matter of the said Accusation and Information shall seem to the said Iury good and true Justices And it is also further Enacted § 2. N. 1. c. that the said Iustices of Peace or three of them at the least c. before whom any such Presentment Information and Accusation shall be made or taken c. shall examin the Accusers what other Witnesses were by and present at the time of the doing and committing of the Offence c. and how many others than the Accusers have knowledge thereof â—ecogniâ—â—nce And shall have Power c. by their discretions § 2. N. 2. to bind by Recognizance to be taken before them as well the said Accusers as all such other persons whom the said Accusers shall declare to have knowledge of the Offences by them presented and informed every of them in five pounds to the King to appear before the said Iustices of the Peace before whom the Offender c. shall be tryed at the day of the tryal and deliverance of such Offenders § 3. N. 1. And it is further Enacted Process c. that the said Iustices of Peace or three of them at the least c. shall have full Power c. to make Process against every person and persons so Indicted by two Capias and an Exigent and by Capias Utlagatum as well within the limits of their Commission as into all other Shires and Places of this Realm Wales and other the Kings Dominions as well within Liberties as without c. § 3. N. 2. And upon the Appearance of any of the Offenders shall have full power Religion c. to determin the Contempts and Offences aforesaid viz. in reviling the Sacrament c. According to the Laws of this Realm and the effects of this Act. § 3. N. 3. And that the said Iustices c. or three c. at the least Bayl. c. shall have full Power c. to let any such person c. so Indicted upon sufficient Sureties by their discretions to Bail for their appearance to be tryed c. § 4. N. 1. Provided always and be it Enacted Ordinary that the said Iustices of the Peace or three of them at the least at their Quarter Sessions where any Offender c. shall be c. Indicted c. shall direct and award one Writ in the Kings Name to the Bishop of the Diocess wherein the said Offences c. are supposed to be committed or done willing and requiring the said Bishop to be in his own person or by his Chancellor or other his sufficient Deputy learned at the Quarter Sessions in the said County to be holden when and where the said Offender shall be arraigned and tryed appointing to them in the said Writ the Day and Place of the said Arraignment C. 5. § 2. N. 1. And be it further Enacted c. that it shall be lawful Merchants c. to all and every the Kings Iustices of Peace in every Shire as well in England as in Wales in their Quarter Sessions to inquire of all and every Offence or Offences hereafter to be perpetrated committed or done contrary to this Act viz. In conveying Horses
is kept any thing in this Act or in any provision of the same to the contrary notwithstanding License CXXXII 27 H. 8. 25. 26. § 27. N. 1. Provided furthermore that Servingmen departing from their service by License Will Death or Exclusion of their Lord Lady Master or Mistris having of the same their Lord Lady Master or Mistris Letters or in case of their death other sufficient proof testifying the day of their Exclusion or departure from such service shall not incur or run into any the punishments or penalties comprised in this Act for Vagabonds or sturdy Beggers within the space of one month after the day mentioned in the said Letters or appearing by the said testimony to be the day of the departure from such services ne also at or after the same month expired so that by the end of such month they shall have entred into any service or be otherwise in labor according to the form and tenor of this Act. Abbe CXXXIII 27 H. 8. 25. 26. § 28. N. 1. Provided also that in as much as Fryers Mendicants have little or nothing to live upon but only by the Charity and Alms of all Christian people this Act therefore ne any thing therein contained shall be prejudicial or hurtful unto any person or persons for giving of them in general or particular any manner of Alms in Mony Victual or other things ne also to them or any of them for being or remaining out of the places where they were born or had their last habitation or for passing abroad to gather the Alms and Charity of Christian people or for continuance in their Religion as they have been accustomed to do this Act or any thing therein mentioned to the contrary notwithstanding CXXXIV 27 H. 8. 25. 26. § 29. N. 1. Provided also that this Act ne any thing therein mentioned be hurtful or prejudicial to any Abbots Abbe Priors or other person or persons of the Clergy or other that by any means be bound to give yearly weakly or daily Alms in Mony Victual Lodging Cloathing or any other thing in any Monasteries Alms-Houses Hospitals or other Foundations or Brotherhoods by any good Authority or Ancient custom or of daily charity by keeping of poor men established for that purpose CXXXV 27 H. 8. 25. 26. § 29. N. 2. Ne to any person or persons Charity for receiving of the same or for their abiding in such Alms-houses or Hospitals according to such foundation CXXXVI 27 H. 8. 25. 26. § 29. N. 3. Ne also for Alms in ready Mony Mariners or otherwise to be given to Mariners or other persons that shall for time to come or be set on Land from Ships perished or lost on the Sea CXXXVII 27 H. 8. 25. 26. § 29. N. 4. Or to any person that Riding Going or passing by the way Charity shall after his or their Conscience or charity give Mony or other thing to Lame Blind or Sick Aged or Impotent people any thing in this Act to the contrary mentioned notwithstanding CXXXVIII 1 Ed. 6. 3. Forasmuch as Idleness and Vagaboncy Laborers is the Mother and Root of all Thefts Robberies and all evil Acts and other mischiefs and the multitude of people given thereto have always been here within this Realm very great and more in number as it may appear than in other Regions to the great Impoverishment of the Realm and danger of the Kings Highness Subjects CXXXIX 1 Ed. 6. 3. § 1. N. 2. The which Idleness and Vagaboncy Parliament all the Kings Highness Noble Progenitors Kings of this Realm and this High Court of Parliament have often and with great travaile gone about and assayed with Godly Acts and Statutes to repress Yet until this our time it hath not had that success which hath been wished but partly by foolish Pity and Mercy of them which should have seen the said Godly Laws Executed partly by the perverse Nature and long accustomed Idleness of the persons giving to loytering the said Godly Statues hitherto have had small effect And Idle and Vagabond persons being unprofitable Members or rather Enemies of the Common-wealth have been suffered to remain and increase and yet so do whom if they should be punished by Death Whipping Imprisonment and other Corporal pain it were not without their deserts for the Example of others and to the benefit of the common-wealth yet if they could be brought to be made profitable and do service it were much to be wished and desired CXL 1 Ed. 6. 3. § 1. N. 3. Be it therefore Enacted Repealance c. First that all Statutes and Acts of Parliment heretofore made for the punishment of Vagabonds and sturdy Beggers and all Articles comprised in the same shall be from henceforth repealed void and of none effect CXLI 1 Ed. 6. 3. § 2. N. 1. Ability Secondly that whosoever after the first day of April next following Man or Woman being not Lame Impotent or so Aged or diseased with Sickness that he or she cannot work not having Lands or Tenements Fees Annuities or any other yearly Revenues or profits whereon they may find sufficiently their living shall either like a Serving-man wanting a Master or like a Begger or after any such other sort be lurking in any House or Houses or loytering or Idly wander by the high-ways side or in streats in Cities Towns or Villages not applying themselves to some honest and allowed Art Science Service or Labor and so do continue by the space of three days or more together and not offer themselves to labor with any that will take them according to their faculty And if no Man otherwise will take them do offer themselves to work for Meat and Drink or after they be so taken to work for the space agreed between them and their Master do leave their work out of convenient time or run away that then every such person shall be taken for a Vagabond Apprentice CXLII 1 Ed. 6. 3. § 2. N. 2. And that it shall be lawful to every such Master offering such idle person Service and labor and that being by him refused Or who hath agreed with such idle person and from whom within the space agreed of service the said loyterer hath run away or departed before the end of the Covenant between them And to any other person espying the same to bring or cause to be brought the said person so living idly and loyteringly to two of the next Justices of Peace there resiant or abiding who hearing the proof of the idle living of the said person by the said space living idly as is aforesaid proved to them by two honest witnesses or confession of the party shall immediatly cause the said loyterer to be marked with an hot Iron in the Brest the mark of V. Villenage CXLIII 1 Ed. 6. 3. § 2. N. 3. And adjudge the said person living so idly to such Presentor to be his Slave to have
requisite Process such and so many persons as by their Discretion have or shall have best experience in the Occupation of making of Tile to search or examin in the digging casting turning parting making whitning and anealing aforesaid § 1. N. 18. And if the same Searchers or any of them do find Indictment that any person or persons exercising the Occupation of Tile-making do offend contrary to this Ordinance that then the same Searchers shall present such Defaults before the Iustices of Peace at their next Sessions § 1. N. 19. And that every such Presentment shall be as strong and effectual in the Law as the Presentment of twelve men Enquest § 1. N. 12. And that the Iustices of Peace shall have power to examin Justices Enquire and determin the Defaults of such Searchers in the Premises in like form as above is ordained for the Defaults of Tile-makers Statuta Rich. 3. Bayl. BE it enacted 1 R. 3. Cap. 3. § 1. N. 2. c. that every Iustice of Peace in every Shire City or Town shall have Authority and Power by his or their Discretion to Let such Prisoners and Persons so arrested Viz. on malice or light Suspition of Felony to Bail or Mainprize in like form as though the same Prisoners or Persons were Indicted thereof of record before the same Iustices in their Sessions 3 H. 7. Cap. 3. § 1. N. 7. and 34 Ed. 3. 1. § 1. N. 6. Coron And that Iustices of Peace have Authority to Enquire in their Sessions § 1. N. 3. of all manner Escapes of every person Arrested and Imprisoned for Felony Fines And it is Ordained c. that a like Transcript of the same Fine Cap. 7. § 2. N. 1. viz. in C. B. shall be sent to the Iustices of Peace of the County where the said Lands c. be they to cause open and solemn Proclamation of the said Fine to be made at four general Sessions of the Peace to be holden the same year Statuta Hen. 7. Forest THE King our Soveraign Lord c. Ordained 1 H. 7. Cap. 7. § 1. N. 3. that at every such time as Information shall be made of any such unlawful Huntings viz. in Forests Parks and Warrens by night or with painted faces hereafter to be done to any of the Kings Counsel or to any of the Iustices of the Kings Peace of the County where any such Hunting shall be had of any person to be suspect thereof that then it shall be lawful to any of the said Iustices of Peace or Counsel to whom any such Information shall be made to make a Warrant to the Sheriff of such County or to any Constable Bailiff or other Officer within the same County to take and arrest the same person or persons of whom any such Information shall be had and to have him or them before the Maker of any such Warrant or any other the Kings said Counsel or Iustice of his place of the same County Justices And that the said Counsellor or Iustice of Peace afore whom such person or persons shall be brought § 1. N. 4. by his Discretion have power to examin him or them so brought afore the said Counsellor or Iustice of the said Hunting and of the said Defaults in that behalf Amercement And if he then confess truth § 1. N. 6. and all that he shall be examined of and knoweth in that behalf that then the said Offences of Huntings by him done be against the King our Soveraign Lord but Tresspass Finable by reason of the same Confession at the next general Sessions of the Peace to be holden in the same County by the Kings Iustices of the same Sessions there to be Sessed Enquest And over that 3 H. 7. C. 1. § 1. N. 4. viz. besides the Star Chambers Jurisdictions it is Ordained c. that the Iustices of Peace of every Shire of this Realm for the time being may take by their Discretion an Enquest whereof every man shall have Lands and Tenements to the yearly value of forty shillings at the least to enquire of the Concealments of other Enquests taken afore them and afore other of such matters and Offences as are to be enquired and presented before Iustices of Peace whereof Complaint shall be made by Bill or Bills as well within Franchis as without Amercement And if any such Concealment be found of any Enquest as is afore rehersed had or made within the year after the said Concealment § 1. N. 5. every person of the same Enquest to be Amerced for the same Concealments by Discretion of the same Iustices of the Peace the said Amercements to be Sessed in plain Sessions §. 1 N. 21. And also Iustices of Peace have Power to enquire of such Escapes Escape viz. of Murderers in the Day and that to certifie before the King in his Bench. § 1. N. 26. And also it is Ordained by the same Authority Peace that every Iustice of Peace within this Realm that shall take any Recognizance for the keeping of the Peace that the same Iustice do certifie send or bring the same Recognizance at the next Sessions of the Peace where he is or hath been Iustice that the party so bound may be called § 1. N. 27. And if the party make Default Justices the same Default then there to be recorded and the same Recognizance with the Record of the same Default be sent and certified into the Chancery or afore the King in his Bench or into the Kings Exchequer Cap. 3. § 1. N. 3. Wherefore the King c. hath ordained Bail c. that the Iustices of Peace in every Shire City or Town or two of them at the least whereof one to be of the Quorum have Authority and Power to Let any such Prisoners or persons mainpernable by the Law that have been Imprisoned within their several Counties City or Town to Bail or Mainprize unto their next general Sessions or unto the next Goal-Delivery of the same Goals in every Shire City or Town as well within Franchises as without where any Goals be or hereafter shall be 1 2 Ph. Mary 13. § 1. N. 2. § 1. N. 4. And that the said Iustices of the Peace or one of them Certificate so taking any such Bail or Mainprize do certifie the same at the next general Sessions of the Peace or the next Goal-Delivery of any such Goal within every such County City or Town next following after any such Bail or Mainprize so taken upon pain to forfeit unto the King for every Default thereupon recorded 10 l. § 1. N. 7. And that the foresaid Act viz. 1 R. 3 Cap. 3. § 1. N. 2. Joynder giving Authority and Power in the Premisses to any Austice of the Peace by himself be in that behalf utterly Void and of none Effect by
or Steward in his Leet or by examination had afore the said Iustices of Peace that Process be made upon the same as upon Indictment of Trespass against the Kings Peace 19 H. 7. cap. 12. § 2. N. 4. § 1. N. 15. And that the said Misdoer be admitted to no Fine under the Sum of 6 s. 8 d. 19 H. 7. cap. 12. § 2. N. 4. Amercement § 1. N. 16. And that it be lawful to two of the Iustices of the Peace Justices whereof one shall be of the Quorum within their authority to reject and put away common Ale selling in Towns and Places where they shall think convenient 19 H. 7. cap. 12. § 2. N. 5. § 1. N. 17. And to take surety of Keepers of Ale-houses Ale of their good behaviour by the discretion of the said Iustices and in the same to be advised and agreed at the time of their Sessions 19 H. 7. Cap. 12. § 2. N. 6. Cap. 3. The King our Soveraign Lord calling to his remembrance Riot that many good Statutes and Ordinances be made for the punishment of Riots unlawful Assemblies Retainers and giving and receiving of Liveries Signs and Tokens unlawfully Extortions Maintenance Imbracery excessive taking of Wages contrary to the Statute of Laborers and Artificers viz. 23 Ed. 3. cap. 1. the use of unlawful Games inordinate Apparel and many other great inconveniencies and offences which been committed and done daily contrary to the good Statutes for many and divers behooful considerations severally made and ordained to the high displeasure of Almighty God and the great let of the Common Law and Weal of this Land notwithstanding generally by the Iustices of the Peace in every Shire within this Realm in the open Sessions is given in charge to inquire of many Offences committed contrary to divers of the said Statutes and divers inquests thereupon there straitly sworn and charged before the said Iustices to inquire of the premises and therein to present the Truth which is letted to be found by embracery maintenance corruption and favour by occasion whereof the said Statutes be not nor cannot be put in due execution 1 H. 8. Cap. 6. § 1. N. 2. For reformation whereof Enquest for so much that before this time the said Offences Extortions Contempts and other the premises might not nor as yet may be conveniently punished by the due order of the Law except it were first found and presented by the verdict of twelve Men thereto duly sworn which for the causes afore rehearsed will not find nor yet present the truth 3 H. 7. Cap. 1. § 1. N. 2. § 1. N. 3. Wherefore be it by the advice and assent of the Lords Spiritual and Temparal and the Commons in this present Parliament assembled Justices and by authority of the same Enacted Ordained and Stablished that from henceforth as well the Iustices of the Assize in the open Sessions to be holden afore them as the Iustices of Peace in every County of the said Realm upon Information for the King before them to be made have full power and authority by their discretion to hear and determine all Offences and Contempts committed and done by any person or persons against the form ordinance or effort of any Statute made and not repealed 1 H. 8. Cap 6. § 1. N. 4. And that the said Iustices upon the said Information Process shall have full power and authority to award and make like Process against the said Offenders and every of them as they should or might make against such person or persons as been presented and indicted before them of Trespass done contrary to the Kings Peace and the said Offender and Offenders duly to punish according to the purport form and effect of the said Statutes § 1. N. 5. Also be it Enacted by the said authority Information that the person which shall give the said Information for the King shall by the discretion of the said Iustices content and pay to the said person or persons against whom the said Information shall be so given his reasonable costs and damages in that behalf sustained if that it be tried or found against him that so giveth or maketh any such Information 11 H. 7. Cap. 7. § 1. N. 18. § 1. N. 6. Provided alway that any such Information extend not to Treason Treason Murder or Felony nor to any other Offence wherefore any person shall lose Life or Member nevertheless by nor upon the same Information any Lands Tenements Goods and Chattels to the Party making the same Information Lieu. Provided also that the said Information shall not extend to any Person dwelling in another Shire than there § 1. N. 7 as the said Information shall be given or made Franchise Saving to every Person and Persons Cities and Towns § 1. N. 8. all their Liberties and Franchises to them and every of them of right belonging and appertaining Measures And two Iustices of Peace Ca. 4. § 1. N. 13. whereof one shall be of the Quorum have authority as well by examination as by inquiry to hear and determine the faults of the said Mayors Bailiffs and other Head Officers in that behalf viz. Of Weights and Measures And also of all Buyers and Sellers doing contrary to this present Act and Ordinance and to set Fine and Amercement upon the Offenders by their discretion 34 Ed. 3. Cap. 5. 7 H. 7. Cap. 4. § 1. N 12. Process Be it also ordained c. § 1. N. 16. That the Iustices of Peace abovesaid have authority to make like Process against all Persons found as is abovesaid defective and for such Fines and Amercements as upon them shall be assess'd as if they were Indicted afore them for breaking of the Kings Peace Riot Prayen the Commons of this our Land in this present Parliament assembled Cap 7. that where for the great rest and tranquility of your said Commons true Liege-men and Subjects inhabited in this your Realm divers and many good Statutes Acts and Ordinances have been made in times past ordained and stablished to subdue and punish Riots for the unlawful raising and leading of People Riots Routs and other unlawful assemblies whereby many evil Deeds Ieoperdies Perils Fear and Dread to your Subjects have grown and thereupon great Penalties set upon the said Rioters and Offenders as in divers remembred Statutes Acts and Ordinances in the days of your noble Progenitors at several times made ordained and provided more at large doth and may appear Franchise Yet the same Acts notwithstanding some Persons not dreading God § 1. N. 2. their Soveraign Lord nor the punishment of the Laws made and had in this behalf oft times as well by colour of such Offices as they have obtained as Receivers Stewards and Bailiffs of Lordships and other Officers as by peny Reteiners by Oath Promise Covenant and otherwise
any persons above the number of twenty or more to any Petition Complaint Remonstrance Declaration or other Address to the King or both or either Houses of Parliament for alteration of matters established by Law in Church or State unless the matter thereof have been first consented unto and ordered by three or more Iustices of the County or by the major part of the Grand-Iury of the County or Division of the County where the same matter shall arise at their publick Assizes or General Quarter Sessions or if arising in London bp the Lord-Mayor Aldermen and Commons in Common-Council assembled Joynder And that no person or persons whatsoever shall repair to his Majesty § 2. N. 2. or both or either of the Houses of Parliament upon pretence of presenting or delivering any Petition Complaint Remonstrance or Declaration or other Addresses accompanied with excessive number of people not at any one time with above the number of ten persons Forfeiture Vpon pain of incurring a Penalty not exceeding the sum of one hundred pounds in mony and three Months Imprisonment without Bail or Mainprize for every Offence § 2. N. 3. Days Which Offence to be Prosecuted at the Court of the Kings Bench § 2. N. 4. or at the Assizes or General Quarter Sessions within six Months after the Offence committed and proved by two or more credible Witnesses Parliament Provided always that this Act or any thing therein contained § 3. N. 1. shall not be construed to extend to debar or hinder any person or persons not exceeding the number of ten aforesaid to present any publick or private Grievance or Complaint to any Member or Members of Parliament after his Election and during the Continuance of the Parliament or to the Kings Majesty for any remedy to be thereupon had Prerog Nor to extend to any Address whatsoever to his Majesty § 3. N. 2. by all or any of the Members of both or either Houses of Parliament during the sitting of the Parliament but that they may enjoy their freedom of access to his Majesty as heretofore hath been used Purveyance Be it therefore Enacted Cap. 8. § 2. N 1. c. that the Clerk or Chief-Officer of his Majesties Carriages shall three days at least before his Majesties Arrival by Warrant from the Green-Cloth give notice in Writing to two or more of his Majesties Iustices of the Peace next adjoyning to provide such a number of Carts and Carriages from the Places next adjacent as his Majesty shall have present use of expressing the certainty c. Forfeiture And that in Case any § 2. N. 2. c. shall refuse to provide and furnish his Majesty that now is or his Queen that shall be or his or her Houshould in their Progress for Removals c. that then upon due Proof and Conviction c. by the Oath of the Constable or other Officer or two other credible Witnesses before the said Iustices of Peace of the County or Mayor or other Chief-Officer of the City or Corporation where he or they inhabit which Oath they shall have Power to administer the Party so refusing shall c. forfeit the sum of forty shillings to the Kings Majesties use to be fortwith levyed by Distress and Sale c. by Warrant from the said Iustices of the Peace Mayor or other Chief-Officer § 3. N. 2. And in Case any Iustice of the Peace Mayor Fees Chief-Officer or Constable shall take any Gift or Reward to spare any c. or shall impress more Carriages then he shall be directed c. that then upon due Proof and Conviction thereof the Party so offending shall forfeit the sum of ten pounds to the Party thereby grieved or any other who shall sue for the same c. § 5. N. 1. And be it further Enacted Justices c. that any two or more of the Iustices of the Peace near adjoyning to the Road through which his Majesty is to pass shall immediately after notice in Writing from the said Green-Cloth and Avener under their Hands and Seals set down and appoint such reasonable Rates and Prices to be paid during his Majesties abode there both for Hay and Oats and other Accomodations for Horses as they in their discretion shall think meet which Rates one day at the least before his Majesties coming to such Place the said Iustices shall cause to be proclaimed in the Market Town next to such place and in such of the Neighbouring Towns and Villages as to them shall seem meet to the end that notice may be taken of such Rates and Prices § 5. N. 2 And if any person shall take any other sum than what is or shall be so limited either for Lodging Horse-meet Forfeiture Stable-room or other such Accommodations and be thereof convicted by Confession of the Party or by the Oath of one credible Witness before any one Iustice of the Peace which Oath the said Iustice of the Peace is hereby authorized to administer that then in such Case every person so offending shall forfeit and pay to the Party grieved the sum of 40 s. the same to be levyed by Distress by Warrant from the said Iustice of the Peace and Sale there of c. C. 10. § 1. N. 3. Viz. The Forfeiture of 20 l. by Deer-stealer to be levyed by the way of Distress upon the Goods and Chattels of every such Offender Forest by Warrant under the Iustices Hand before whom such Conviction shall be made § 1. N. 5. And for want of sufficient Distress Imprisonment the Offender shall be committed to the House of Correction for six Months and there to be put to hard Labour or to the Common-Goal for one whole year without Bail or Mainprize at the discretion of the Iustices of the Peace before whom such Conviction shall be and not to be discharged from thence till he or they have given sufficient Sureties for their Good-behavior for one whole year next ensuing after his or their Enlargement 13 Car. 2. St. 2. C. 1. § 10. N. 2. And from and after the Expiration of the said respective Commissions Coporation viz. for regulating of Corporations March 25. 1663. the said three Oaths viz. of Allegiance Supremacy and against taking up Arms against the King c. and Declaration viz. that no Obligation lyeth on any by the solemn League and Covenant shall be from time to time administred c. by such c. persons respectively who by the Charters or Vsages of the said respective Cities Corporations and Boroughs and Cinque-Ports and their Members and other Port-Towns ought to administer the Oath for due executing the said Places c. viz. of Mayor Alder-men Recorder Bailiffs Town-Clerks Common-Council-men c. § 10. N. 3. And in default of such by two Iustices of the Peace of the said Cities Justices c. for the time being
saith Mr. Stamford 193. since that it giveth the party grieved a more ample recompence c. Poult de Pace 234. Process II. Dalt 294. cap. 110. and by divers Statutes you shall find that an offender may be convicted out of Court either upon view of the Record of the Justices of Peace or by confession of the offender or upon examination of witnesses before one or two Justices of the Peace Dalt cap. 66. Records III. By 34 35 H. 8. 14. § 2. N. 1. the Clerks of the Crown Clerks of the Peace and Clerks of Assize where any such Attainder c. viz. of Felony c. shall be had shall c. not only certifie a transcript briefly and in few words containing rhe tenor and effect of every such c. conviction and Clerk attainted before them so to be had c. viz. the Name Surname and addition of every person so c. convicted or Clerk attainted c. shall be made and done before the King in his Bench at Westminster in the County of Middlesex there to remain of Record for ever c. but shall also deliver a transcript c. to the Ordinary c. Accessory IV. 9 Co. 119. in Sur Zanchars Ca. these word while the Appellee is attaint in 3 Ed. 1. W. 1. cap. 14. § 1. N. 2. viz. that appeal shall not be intermit against the Accessory is intend of all manner of Attainders at the Kings Suit or of the party and upon appearance and default and in the same Act after provision is made for the Appeal of the party which proves it shall be taken in that several sense Authority see Jurisdiction Averment Suggestion Proof Action Chancery I. LAmb. 4. cap. 6. pag. 501. Albeit the Chancery will sometimes both take knowledge and also award Process upon an Information by word in the behalf of the Prince 1 Ed. 5. 6. 39 H. 6. 41. surmise Br. 3. yet I think that before Justices of Peace these Suggestions and Informations both be they by word or writing are but of the force to stir up the Justices to recommend the Cause to the Enquest and not to award any Process upon them unless it be in certain Cases where that validity is specially given them by the Statutes Bail Recognizance Bailment Surety Caution Mainprise Pledges Replevin Imprisonment Hab. Corp. Replevin I. 3 Ed. 1. W. 1. cap. 15. § 1. N. 2. And forasmuch as before this time it was not determined which persons were Replevisable and which not but only those that were taken for the death of man or by commandment of the King or of his Justices or for the Forest Ability II. 3 Ed. 1. W. 1. cap. 15. § 1. N. 3. It is provided c. that such Prisoners as before were Outlawed and they which have abjured the Realm Provers and such as be taken with the Mannor and those which have broken the Kings Prison Thieves openly defamed and known and such as be appealed by Provers so long as the Provers be living if they be not of good name and such as be taken for House-burning feloniously done or for false Money or for counterfeiting the Kings Seal or persons Excommunicate raken at the request of the Bishop or for manifest offences or for Treason touching the King himself shall be in no wise Replevisable by the common Writ nor without Writ III. By 27 Ed. 1. 3. § 1. N. 4. For the more assured conservation of the Peace c. that Justices assigned in every County to take Assizes Sheriffs where they do take Assizes as they be appointed incontinent after the Assizes c. shall enquire if Sheriffs or any other have let out by Replevin Prisoners not Replevisable or offended against 3 Ed. 1. 15. c. IV. 18 Ed. 2. pag. 84. § 32. N. 1. Leet The Frankpledge shall enquire of persons Imprisoned and let go without Mainprise V. 23 H. 6. 10. § 1. N. 6. viz. Sheriffs Imprisonm c. shall on oblig ' deliver all persons imprisoned c. such c. which be or shall be in their ward by Condemnation Execution Capias Vtlagatum or Excommunicatum Surety of the Peace and all such persons which be or shall be committed to ward by special commandment of any Justices and Vagabonds refusing to serve according to the form of the Statute of Labourers viz. 23 Ed. 3. 2. c. only excepted 4 Ed. 3. 2. § 1. N. 4. VI. 1 Rich. 3. 3. § 1. N. 2. That every Justice of Peace in every Shire Justices City or Town shall have Authority by his or their discretion to let such Prisoners and persons so arrested viz. on suspicion of Felony ro Bail or Mainprise in like form as though the same Prisoners or persons were Indicted thereof of Record before the same Justices in their Sessions 34 Ed. 3. 1. § 1. N. 6. 3 H. 7. 3. § 1. N. 7. VII 1 R. 3. 3. § 1. N. 3. Escape And that Justices of Peace have authority to enquire in their Sessions of all manner Escapes of every person arrested and imprisoned for Felony VIII 3 H. 7. 3. § 1. N. 3. That the Justices of Peace in every Shire Justices City and Town or two of them at the least whereof one to be of the Quorum have authority and power to let any such Prisoners or persons Mainprisable by the Law that have been imprisoned within their several Counties City or Town to Bail or Mainprise unto their next General Sessions or unto the next Goal-delivery of the same Goals in every Shire City or Town as well within Franchise as without where any Goals been or hereafter shall be IX 3 H. 7. 3. § 1. N. 4. And that the said Justices of the Peace Certificate or one of them so taking any such Bail or Mainprise do certifie the same at the next General Sessions of the Peace or the next General Goal-delivery of any such Goal within every such County City or Town next following after any such Bail or Mainprise so taken on pain of 10 l. for every default recorded 1 2 Phil. Mar. 13. § 3. N. 2. X. 3 H. 7. 3. § 1. N. 7. And that the aforesaid Act viz. 1 R. 3. 3. Justices § 1. N. 2. giving authority and power in the premisses to any Justice of the Peace by himself be in that behalf utterly void and of none effect c. XI 1 2 Phil. Mar. 13. § 2. N. 1. That Ability c. no Justice or Justices of the Peace shall let to Bail or Mainprise any such person or persons which for any offence c. be declared not to be replevised or bailed or be forbinden to be replevised or bailed by 3 Ed. 1. W. 1. cap. 15. XII 1 2 Phil. Mar. 13. § 3. N. 1. And furthermore that any Justices c. arrested for Man-slaughter or Felony or suspicion
them and to the keeper of his Majesties Goal for the said County at M. in the County aforesaid Kent ss Forasmuch as we viz. two Justices have received a Certificate from the Ordinary within whose Jurisdiction the Parish of T. in the said County is situate That A. B. being by virtue of the Statute in that behalf made disabled to Preach any Sermon did during the time that he did continue and remain so disabled Preach a Sermon in the Parish Church of T. aforesaid against the form of the Statute These are therefore in his Majesties Name to will and require you the said Constable and Borshoulders and every of you that you some or one of you do take the said A. B. and him convey to the Goal aforesaid and there deliver him to the said Keeper thereof together with this Precept Requiring also you the said Keeper to receive him into the Goal aforesaid and him there safely to keep by the space of three Months without Bail or Mainprise hereof fail not at your perils Given under our Hands c. XXXI Kilb. Precedents 52. Church A Record of a Conventicle to be written in Parchment on 22 Car. 2. 1. by two Justices Kent ss Memorand ' That upon the 10th day of June in the 31. year of the Reign of our Soveraign Lord Charles the Second by the Grace of God of England Scotland France and Jreland King Defender of the Faith c. It was according to the form of an Act of Parliament in that behalf lately made Entituled An Act to prevent and suppress seditious Conventicles duly proved to us viz. two Justices c. that A. B. being of the Age of sixteen years and upwards and a Subject of this Realm was upon the first day of June now last past in the Parish of c. present at T. in the said County under colour or pretence of Exercise of Religion in other manner than is allowed by the Liturgy or practice of the Church of England where five Persons are present more than those of the same Household contrary to the Act aforesaid of all which we have the Day and year above written made this Record under our Hands and Seals 2. Or better in Latin thus Kilb. Precedents 53 54. Kent ss Memorand ' quod J. S. de S. in Com. predict ' Yeoman Church E. W. de W. in Com. predict ' Generosus Maria uxor G. J. de parochia de E. in Com. predict ' Husbandman Eliz. W. de E. predict ' in Com predict ' vidua J. B. de c. Cum multis alijs in toto se attingent ' ad numerum duodecim personarum quilibet eorum die Solis 26. die Junij Anno Regni Domini Regis nunc 22. die ultra etatem 16. Annorum subditi dicti Domiin Regis ad tunc existent ' predict ' 26. die Junij Anno 22. supradicto insimul assemblaverunt presentes fuerunt quilibet eorum presens â—uit in Domo Mansionali ipsius A. P. viduae in predict ' Parochia de E. in Com. predict ' ad Conventiculum sub colore Exercitationis Anglice Exercise Religionis in alio modo quam secundum Liturgiam practicationem Anglice practise Ecclesiae Angliae Ad tunc ibidem tent ' contra formam Statuti prevenire supprimere seditiosa Conventicula nuper Editi proviso infra Memorand ' etiam quod tempore loco supradict ' predict ' J.S. assumpsit super se docere in Conventiculo predict ' in eodem ad tunc ibidem docuit contra formam Statuti predicti quodque predict ' A. B. vidua tempore supradicto scienter Anglice Wittingly voluntariè permisit Conventiculum predictum fore tenend ' in Domo Mansionali sua predict ' etiam contrà formam ejusdem Statuti Record ' quarum quidem separalium offensarum Ego W. L. Miles unus Justiciariorum dicti Domini Regis ad pacem suam in Com. suo predict ' conservand ' assignat ' cui secundum formam effectum Statuti predicti separales offensas predict ' sic ut preâ—ertur fore Commissa sufficienter aparuit per presentes sub Manu sigillo meo 11. die Julij Anno 22. supradicto apud N. predict ' in Com. predict ' feci Predictique J. S E. W. predict ' Maria uxor predict ' G. J. Eliz. W. J. B. Junior J. B. Senior J. F. R. P. A. P. Vidua A. B. D. P. Spinster de separalibus offensis suis in Record ' predict ' superius mentionat ' per Recordum illud virtute Statuti predicti plene perfecte convicti sunt quilibet eorum inde separaliter plene perfecte convictus est ego prefat ' Justiciar ' superinde virtute Statuti predicti die Anno loco ultimo mentionat ' finem V.S. super quemlibet offensorum Anglice Offenders predict ' sic ut prefertur ad Conventiculum predict ' present ' Existent ' pro separali offensa predict ' imposui Predictaque A. P. Vidua pro offensa sua predicta eo quod ipsa ut prefertur permisit Conventiculum predict ' fore tenend ' in Domo Mansionali sua predict ' forisfecit Summam 20 l. Virtute Statuti predict ' predictusque J.S. pro offensa sua predicta eo quod ipse ut prefertur assumpsit super se docere in conventiculo predicto in eodem ut predictum est docuit forisfecit summam 20 l. Virtute Statuti predicti Forfeiture XXXII Kilb. Precedents 55. 56. A Warrant to levy the penalty of 22 Car. 2. 1 § 3. N. 1. upon the Teacher in a Conventicle To the Constables Borshoulders Headboroughs and Tythingmen of the Hundred of C. in the said County and to the Church-wardens and Overseers of the Poor of the Parish of C. in the County aforesaid and all other Officers within the said County whom the Execution hereof may concern Kent ss Forasmuch as I did this present day receive a Certificate to me directed under the Hand and Seal of W. E. of S. in the County of S. Esq one of his Majesties Justices Assigned for keeping his peace in the said County of S. that G. H. of C. aforesaid Taylor was upon the first day of this Instant August by him Convicted by proof to him made according to an Act of Parliament Entituled An Act to prevent and suppress Seditious Conventicles lately made and provided of being present in the Barn of R. W. of W. in the said County of S. Husbandman and there did take upon him to Preach or teach at a Conventicle the five and twentieth day of July last past under pretence of Exercise of Religion in other manner then according to the Liturgy and Practice of the Church of England and contrary to the form of the Act aforesaid And that therefore being thereof Convicted as aforesaid the said G. H. did forfeit for the said first Offence 20 l. and that he the said Justice had by Virtue
Mutandis to the House of Correction c. Imprisonment XLII Kilb. Precedents 74. 75. A Mittimus upon the third Conviction To the Constable c. Kent ss Forasmuch as C. D. was this present day according to the form of an Act of Parliament lately made Intituled An Act to prevent and suppress Seditious Conventicles Convicted by Record by us made of being present at the Parish of T. in the said County at an Assembly Conventicle or Meeting under Colour or pretence of Exercise of Religion in other manner than is allowed by the Liturgy or practice of the Church of England contrary to the Act aforesaid and Forasmuch as the said C. D. hath been twice before that time Convicted of the like Offence contrary to the said Act These are therefore in his Majesties Name to charge and command you the said Constable and Borshoulders and every of you that you some or one of you do take the said C. D. and him safely convey to his Majesties Goal aforesaid and there deliver him to the Keeper of the same together with this Precept commanding also you the said Keeper to receive him into the said Goal and him there safely keep without Bail or Mainprise untill the next General Quarter-Sessions for the West-division of this County the next Assises Goal-delivery Great-Sessions or sitting of Oyer and Terminer in the County aforesaid which shall first happen and that you then and there have him to be further proceeded agaist as by the said Act is directed hereof fail not at your perils Given under our Hands and Seals the day of c. 2. The like Mittimus mutatis mutandis to the House of Correction if the Justices think fit to send the Offender thither which they must not do if they be satisfied that the Offender or her Husband if a Feme Covert have 5 l. per Annum Freehold or Copyhold or be worth 50 l. in Goods XLIII Kilb. Precedents 76. A Certificat to the Militia c. for Aid on 22 Car. 2. 4. § 9. N. 3. 16 Car. 2. 4. § 10. N. 1. To the Lieutenant any Deputy Lieutenant or any Commissioned Officer of the Militia or any other his Majesties Forces the Sheriffs Justices or other Magistrates and Ministers of Justice jointly or severally Kent ss These are to Certifie you that I A.B. one of his Majesties Justices of the Peace c. have received Information of an unlawful Meeting or Conventicle held or to be held under Colour or pretence of Exercise of Religion in other manner than is allowed by the Liturgy or Practice of the Church of England contrary to an Act of Parliament lately made intituled An Act to prevent and suppress Seditious Conventicles at T. in the Parish of C. in the County aforesaid and that I with such assistance as I can get together am not able to suppress dissolve dissipate or prevent the same all which I do Certifie unto you to the end that you may repair unto the said place aforesaid and do therein as by the said Act is required and enjoined Given under my Hand and Seal the day of c. XLIV Kilb. Precedents 77. Record A Record of suffering a Conventicle fit to be in Parchment and Quaere if not in Latine 22 Car. 2. 1. § 4. N. 1. Kent ss Memorand that upon the second day of June in the 31. year of the Reign of our Soveraign Lord Charles the second by the Grace of God of England Scotland France and Jreland King Defender of the Faith c. It was according to the form of an Act of Parliament in that behalf lately made Intituled An Act to prevent and suppress Seditious Conventicles duly proved to us that R. T. of c. did wittingly and willingly suffer an Assembly Conventicle or Meeting under Colour or pretence of the Exercise of Religion in other manner than is allowed by the Liturgy or Practice of the Church of England to be held in his house Out-house Barn or Rome Yard or Backside Woods or Grounds in the Parish of T. in the said County on c. day now last past contrary to the Act aforesaid of all which we have the day and year first above written made this Record under our Hands and Seals XLV Kilb. Precedents 78. 79. Imprisonment A Mittimus thereupon upon the first Conviction To the Constable and Borshoulders of the Hundred of A. and to every of them and to the Keeper of his Majesties Goal for the said County at C. in the County aforesaid Kent ss Forasmuch as D. E. was this present day according to the form of an Act of Parliament lately made intituled An Act to prevent and suppress Seditious Conventicles Convicted by Record by us made viz. two Justices c. of wittingly and willingly suffering an Assembly Conventicle or Meeting under Colour or pretence of Exercise of Religion in other manner than is allowed by the Liturgy or practice of the Church of England to be held in his House Out-House Barn or Room Yard or backside Woods or Grounds in the Parish of T. in the said County upon the second day of June now last past contrary to the Act aforesaid and whereas we did upon the said Conviction Fine the said D. E. viz. not Exceeding 5 l. for his said Offence and he did not pay down the said Fine unto us These are therefore in his Majesties Name to charge and command you the said Constable and Borshoulders and every of you that you some or one of you do take the said D. E. and him safely Convey to his Majesties Goal aforesaid and there deliver him to the Keeper of the same together with this Precept commanding also you the said Keeper to receive him into the said Goal and him there safely keep without Bail or Mainprise by the space of viz. not Exceeding three Manths next after such delivery of him unto you hereof fail not at your perils 2. The like Mittimus Mutatis Mutandis to the House of Correction c. the like upon the second Conviction and the like upon the third Conviction ut supra XLVI Kilb. Precedents 81 A Certificate for the taking the Oath according to 16 Car. 2. 4. § 19. N. 1. Quakers Kent ss I A. B. one of his Majesties Justices of the Peace of the County of K. do humbly Certifie that D.E. did this present day before me take the Oath mentioned in an Act of Parliament lately made intituled An Act to prevent and suppress Seditious Conventicles in these words I do swear that I do not hold the taking of an Oath to be unlawful nor refuse to take an Oath on that account in Testimony whereof I the said A. B. have hereunto set my Hand and Seal the day of c. Escape XLVII Kilb. Precedents 81. 82. To levy Money upon a Goaler c. for suffering one committed upon this Act to go at large 16 Car. 2. 4. § 12. N. 1. To the Constable and
the value of twelve pence if they were not guilty of some other Larceny aforetime or guilty of receit of Felons or of Commandment or Force or of ayd in Felony done or guilty of some other Trespass for which one ought not to lose Life or Member and a man appealed by a Prover after the death of the Prover if he be no common Theif nor defamed shall from henceforth be let out by sufficient Surety whereof the Sheriff will be Answerable and that without giving ought of their Goods Cap. 18. Forasmuch as the Common Fine and Amercement of the whole County in Eyr of the Iustices for false Iudgments or other Trespas is unjustly Assest by Sheriffs and Barretors in the Shires Amercement so that the sum is many times increased and the Parcels otherwise Assessed then they ought to be to the Damage of the People which be many times payed to the Sheriffs and Barretors that cannot acquit them c. Cap. 33. 32. It is Provided that no Sheriff shall suffer any Barretors Peace or Maintainers of Quarrels in the Shire neither Stewards of great Lords nor others unless he be the Attorney for his Lord to make Suit or to give Iudgments in the Counties nor to pronounce the Iudgments if he be not specially required and prayed of all the Suitors and Attorneys of the Suitors which shall be at the Court. 4 E. 1. St. 2. p. 28. § 1. N. 3. de off Coronat A Coroner also ought to enquire of Treasure that is found Coron who were the Finders and likewise who is suspected thereof and that it may be well perceived where one liveth Riotously haunting of Taverns and hath done so of long time hereupon he may be Attatched for this Suspition by four or six or more Pledges if he may be found 7 E. 1. p. 33. Of Armour And now in our next Parliament at Westminster after the said Treaties War viz. Vpon Sundry Debates had between us and certain great men of our Realm the Prelates Earls Barons and the Commonalty of our Realm there Assembled to take advice of this Business have said that to us it belongeth and our part is through our Royal Seigniory straitly to defend force of Armour and all other force against our Peace at all times when it shall please us to Punish them which shall do contrary according to our Laws and Vsages of our Realm § 1. N. 3. And hereunto they are bound to ayd us as their Soveraign Lord Parliament at all Seasons when need shall be 13 E. 1. C. 34. 35 § 1. N. 2. And likewise where a man Ravisheth a woman Married Lady Women Damosel or other with force although she Consent after he shall have such Iudgment viz. of Life and Member if he be Attainted at the Kings Suit and there the King shall have the Suit C. 39. 10 § 1. N. 25. And if they viz. whom the Sheriff returns Resisters of Process c. be Convict of such Resistance they shall be punished at the Kings Pleasure Process neither shall any Officer of the Kings meddle in Assigning the Punishment for our Lord the King hath reserved it specially to himself because that Resisters have been reputed Disturbers of his Peace and of his Realm 13 E. 1. St. 2 Cap. 2 4. § 1 N. 4. And if they viz. the Watch do find any that have Lodged Watch. or received any Strangrs or Suspicious Person against the Peace the Bayliffs viz. of the Tow shall do right therein C. 6. § 1. N. 1 And further it is Commanded that every Man have in his house War Armor for to keep the Peace after the Antient Assise § 1. N. 12. And the Constables aforesaid shall present before Iustices Assigned Constable such defaults as they do see in the County about Armour and of the Suits of Towns and of High-ways and also shall Present all such as do Lodge Strangers in Vplandish Towns for whom they will not Answer Statuta Ed. 2. 33 E. 1. St. 2. p. 69. § 1. N. 8. Of Conspirators AND it was further Ordained that Iustices Assigned viz. by 13 Ed. 1. Justices St. 1. 2. Cap. 29. 30. to the hearing and determining of Felonies and Trespasses should have the transcript hereof viz. of this Statute of Conspirators 34 E. 1. St. 2. p. 71. § 1. N. 11. Articles on Winch. Viz. To enquire of all between the age of fifteen and forty be sworn to keep the Peace Oath War Also if they have Weapons in their houses according to the Quantity of their Lands and Goods for maintenance of the Peace § 1. N. 12. according to the Statute viz. 13 Ed. 1. Stat. 2. Cap. 5. 6. Wine viz. Shall enquire upon Oath of such as continually haunt Taverns 18 E. 2. p. 84. § 28. Fr. Pledg and no man knoweth whereon they do Live Poor Of such as Sleep by day and Watch by night and fare well § 29. and have nothing Statuta Ed. 3. Justices ITem For the better keeping and maintaining of the Peace 1 E. 3. St. 2. C. 16. § 1. N. 2. The King will that in every County Good men and Lawful which be no Maintainers of Evil or Barraters in the County shall be Assigned to keep the Peace 18 H. 6. Cap. 11. Justices And that the Oyers and Terminers shall not be granted 2 E. 3. C. 2. § 1. N. 6. Northampton but before Iustices of the one Bench or the other or the Iustices Errant and that for great hurt or horrible Trespasses and of the Kings special Grace after the form of the Statute thereof ordained in the time of the said Grandfather viz. 13 Ed. 1. West 2. Cap. 29. 30. and none otherwise Riot Item It is Enacted that no man great or small Cap. 3. of what Condition soever he be except the Kings Servants in his Presence and his Ministers in Executing of the Kings Precepts or of their Office and such as be in their Company Assisting them And also upon a Cry made for Arms to keep the Peace and the same in such places where such Acts happen be so hardy to come before the Kings Iustices or other of the Kings Ministers during their Office with Force and Arms. 2 R. 2. Cap. 7. Force Market Overt Nor bring no Force in a fray of Peace § 1. N. 2. Nor to go nor ride Armed by night nor by day in Fairs Markets § 1. N. 3. nor in the Presence of the Iustices or other Ministers nor in no part elsewhere upon pain to forfeit their Armor to the King and their Bodies to Prison at the Kings Pleasure Offices And that the Kings Iustices in their Presence Sheriffs § 1. N. 4. and other Ministers in their Bailywicks Lords of Franchises and their Bayliffs in the same and Mayors and Bayliffs of Cities
of this present Parliament the Towns and Places wherein they shall think most necessary to have a common Goal newly edified and made 2 Inst 705 706. and 5 Eliz. 24. cap. § 3. N. 1. Notice And be it further Enacted § 4. N. 1. That several Commissioners under the Kings great Seal with this present Act thereto affiled shall be directed to the Iustices of Peace of the Shires aforenamed authorizing them to accomplish and execute this present Act according to the tenor thereof in every behalf Imprisonment Be it further Enacted c. § 7. N. 1. That like Provision in every behalf be had for a new Goal to be made within the County of Derby in like form as is provided for other Shires aforesaid Ale And that every Beer-Brewer and Ale-Brewer shall not take over and above for every such Barrel Kilderkin C. 4. § 5. N. 1. or Firkin of Ale and Beer but after such Prizes and Rates as shall be thought convenient and sufficient by discretions of the Iustices of Peace within every Shire where such Beer-Brewer and Ale-Brewer shall dwell without any City Borough or Town Corporate where no head-Officers as Mayors Bailiffs Sheriffs and other head-Officers have no Authority or Rule 8 Eliz. 9. § 5. N. 1. Cap. 5. § 5. N. 2. And before he viz. Commissioner of Sewers shall take upon him the Execution of the said Commission Sewers he shall take a Corporal Oath before the Lord Chancellor or before such to whom the said Lord Chancellor shall direct the Kings Writ of Dedimus Potestatem to take the same or before the Iustices of the Peace in the Quarter Sessions holden in the Shire where such Commissions shall be directed c. Cap. 8. § 2. N. 2. And if it shall happen any person Mettle c. for prosecuting any Suit or Action upon this Statute viz. against Tinners that do not make sufficient Hatches and Tyes for Gravel c. or by occasion of the same hereafter to be imprisoned by any manner of person c. being Officers or Ministers of the Stannery their Deputies or Substitutes that then every of the Iustices of Peace within any of the Counties aforesaid viz. Devonshire or Cornwal wherin the said Prisoner shall happen to be Committed to Prison upon credible Information thereof taking Surety by his descretion for Appearance of such Prisoner at the next general Sessions of the Peace shall have Power c. as well to direct his Warant to the Goaler c. as to any other Person to whom the said Prisoner shall be committed unto commanding him c. upon pain c. of 40 l. to deliver and put at large the said Prisoner c. 27 H. 8. Cap. 23. § 4. N. 1. § 2. N. 6. And if it shall appear upon the Appearance of such Prisoner at the Quarter Sessions by examining of the Iustices of Peace there being Justices that he was imprisoned contrary to the form of this Statute then he shall be forthwith dismissed and thereby discharged and if he were lawfully Imprisoned for any other just Cause then to be remanded to Prison by the discretion of the said Iustices 27 H. 8. Cap. 23. § 4. N. 3. Cap. 1◠§ 3. And be it Enacted c. that the Lord Chancellor of England Sewers c. at all times c. upon request to him to be made by the Mayor and Commonalt◠of the said City viz. of York and Town viz. of Hull or by any other Citizen and Burgess of the said City and Town c. or other person by them under the common Seals of the said City and Town Authorised shall have Power and Authority by his discretion to make and direct like Commission viz. as for Surety unto eight sad and discreet persons whereof four of them be of the Citizens and Inhabitants of the said City and Town and the other four to be Iustices of Peace whereof two to be of the West-Riding and the other two of the East-Riding of the County of York not of Fee nor retained with the said City or Town that they eight seven six five or four of them whereof two of them shall be of the said City and Town and the other two Iustices of Peace the one of the East-Riding the other of the West-Riding of the said County by Virtue of the said Commission shall and may the said Owners assign and appoint to pull up and redress viz. in the River of Ouse and the water of Humber or cause to be pulled up and redressed within thirty days after monition given to the said Owners by the said Commissioners or by such of them taking the charge of the Execution of the said Commission such and as much of the said Fish-gart his and other Impediments to be made in the said Waters viz. of Ouse and Humber to the Let Disturbance Damage or Ieoperdy of any Ships Keyls Boats or any other Vessels passing or repassing to or from the said City of York to the said Town of Hull as by them shall be thought meet and convenient 24 H. 8. C. 1◠§ 2. N. 4. And if the Offence Fowle viz. not endeavouring to destroy Crows Rooks and Choughs be done contrary to this Statute by any person c. which shall dwell and have the Manurance of and in such Mannors Meases Lands Tenements or Hereditaments whereunto such Leets Law-days Rapes and Courts do not belong or by reason whereof any such Courts be not holden that then upon a Presentment thereof had before the Sheriffs c. or Iustices of Peace in their Sessions c. the Iustices of Peace or two of them at the least if the Presentment be before them in their Sessions shall assess and set the said Amerciament after the quantity of the Offence by their discretions c. Justices And further be it Enacted § 5. N. 1. c. That as well the Iustices of the Peace in their Sessions c. to be hereafter holden before them or any of them shall give in Charge to the Tenants and Inhabitants and all other appearing before any of them that they shall duly inquire and put in execution the effect of the Premises in due time viz. yearly so that this Act may be fully executed and Choughs Crows and Rooks thereby destroyed in all parts of this Realm c. Fowle And if any such Owner or Farmer viz. on whose Grounds Rooks § 7. N. 2. Choughs or Crows be killed refuse to pay the said mony accordingly as is aforesaid viz. two pence for twelve a penny for six a half-penny for three old Rooks Choughs or Crows killed then upon Complaint and Proof thereof made to any of the Iustices of Peace or High-Constable the said Iustice of Peace or High-Constable shall cause the said mony to be levyed by distress of the Goods and Cattels of every such Farmer or Owner refusing to pay the same
according to the Tenor and Effect of this Act. Coron And that Iustices of Peace shall have Power and Authority within the limits of their Commissions and Iurisdiction 25 H. 8. C. 6. § 1. N. 5. to hear and determine the said Offence viz. of Buggery with Mankind or Beast as they do use to do in Cases of other Felonies Fowle And be it Enacted C. 11. § 3. N. ◠c. that all Iustices of the Peace within the limits of their Commissions shall have Power and Authority to inquire hear and determine the Offences aforesaid viz. taking Wild-fowle with Nets between the last of May and the last of August or their Eggs c. like as they commonly use to do in Cases of Tresspass Cattel And it is further Enacted C. 13. § 5. N. 1. that the Iustices of Peace of every Shire shall have Power and Authority to inquire of the Offenders of this Act viz. keeping above two thousand Sheep as well by the Oaths of twelve men as by Information of any of the Kings Subjects and to make such like Process upon every Presentment or Information concerning this Act as they use commonly to do upon Presentments before them of Trespass Bayl. Or else in their viz. the Ordinary's default if they refuse C. 14. § 8. N. 2. c. viz. to Bail an Heretick then by discretion of two Iustices of Peace of that Shire where such persons so accused or presented shall inhabit by four sufficient Sureties to be bounden to the Kings use by Obligation or Recognizance to appear before the Ordinaries at such days c. as shall be limited in the said Bonds c. Sewers And that the Kings Iustices of Peace within every of the said Counties of Glocester and Sommerset at their Quarter Sessions 26 H. 8. 5. § 2. N. 1. shall have full Power and Authority to call before them all such persons which hereafter shall keep any of the said Passages or any other Ferry or Passage over the said Water viz. the Severn into Wales or the said Forest viz. of Dean or out of Wales or the said Forest into England and to bind them with sufficient Sureties with them in Recognizance in such sums of mony as it shall seem to the discretion of the said Iustices of Peace that they and every of them being Passengers and Keepers of Ferries and Passages as is aforesaid from henceforth shall not after the said times before limited and appointed viz. beeween Sun setting and Sun-rising convey or carry or cause to be conveyed or carried any manner of person or persons or any kind of Cattel but such persons as they do know and will answer for and know where their Abidings Dwellings and Habitations be and upon request made to them or any of them as is aforesaid shall from time to time disclose as well the same person or persons as the Goods and Cattels so passing the said Passages upon fresh suit made or hereafter to be made upon any Felony Murder or Robbery committed and done in the Borders of the Counties aforesaid or in any other place within this Realm or South-Wales Behavior Be it therefore Enacted 26 H 8. C. 12. § 4. N. 1. c. that every such person and persons within such Orders of Sub-Deacon or above being convict of any pety Treason or of any Murder of Malice prepensed or of any the said Felonies above rehearsed viz. 23 H. 8. 1. § 4. N. 2. or of any accessary to pety Treason c. before any Lord Marcher Steward Lieutenant Deputy or other Iustice or Officer within Wales or within any other place City Town Honour Lordship or Mannor within the Kings Dominion where no Iustices of the Peace and of the Quorum be and thereupon the same Convict admitted unto his Clergy that the same person or persons so being within such holy Orders and Convict c. and delivered unto the Ordinary as Clerk Convict for the same shall or may find two Sureties by Recognizance for his good abearing before two of the Kings Iustices of Peace whereof one to be of the Quorum in the Shire where the said Convict is or shall be kept in the Ordinaries Prison if the same Prison be within the Shire-ground where Iustices of the Peace and of the Quorum be or else before two of the Kings Iustices of Peace whereof one to be of the Quorum in the next Shire adjoyning unto the same Prison 27 H. 8. C. 5. § 1. N. 2. For redress and amputation whereof viz. Of the Increase of Robberies Coron c. and to the intent that one Order of ministring his Laws should be had c. as in other places of this Realm of England c. It is Ordained c. That the Lord Chancellor of England or the Lord Keeper of the Great Seal for the time being from time to time and all times shall have full power and authority by his discretion to nominate and appoint Iustices of the Peace Iustices of the Quorum and Iustices of Goal delivery in the said Counties of Chester Flint Anglesey Caernarvan Pembroke and Glamorgan by Commission under the Kings Great Seal which shall have full power and authority to inquire hear and determin all manner of thing and things inquirable presentable or determinable before Iustices of Peace Iustices of Quorum and Iustices of Goal delivery in other Shires of the Realm of England by force or vertue of any Statute or Statutes made or to be made or by the course of the Common Laws of this Realm C. 16. § 1. N. 2. Or else viz. Bargain and Sale to be inrolled within the same County or Counties where the same Manors Lands Inrolment or Tenements so bargained and sold lie or be before the Custos Rotulorum and two Iustices of the Peace and the Clerk of the Peace of the same County or Counties or two of them at the least whereof the Clerk of the Peace to be one C. 20. § 1. N. 5. And in case the Ordinary of the Diocess or his Commissary Tyths or the Archdeacon or his Official or any other competent Iudge aforesaid viz. in Suit for Subtraction of Tythes for any contempt contumacy or disobedience or other misdemeanour of the party defendant make information and request to any of the Kings most honorable Council or to the Iustices of the Peace of the Shire where such Offender dwelleth to assist and aid the same Ordinary Commissary Arch-Deacon Official or Iudge to order or reform any such Person in any Cause before rehearsed that then he of the Kings said honorable Council or such two Iustices of the Peace whereof one to be of the Quorum to whom such Information or request shall be made shall have full power and authority by vertue of this Act to attach or cause to be attached the Person or Persons against whom the Information or request shall be
made 32 H. 8. cap. 7. § 4. N. 1. § 1. N. 6. And to commit the same Person or Persons to ward Imprisonment there to remain without Bail or Mainprise till that he or they shall have found sufficient Surety to be bound by Recognizance or otherwise before the Kings said Counsellor or Iustice of Peace or any other like Counsellor or Iustice of Peace to the use of our said Soveraign Lord the King to give due obedience to the Process Proceedings Decrees and Sentences of the Ecclesiastical Court of this Realm wherein such Suit or matter for the Premises shall depend or be § 1. N. 7 And that every of the Kings said Counsellors Justices or two Iustices of the Peace whereof the one to be of the Quorum as is aforesaid shall have full power and authority by vertue of this Act to take receive and record Recognizances and Obligations in any of the Causes above-written C. 24. § 2. N. 1. And be it also Enacted c. That no Person or Persons of what estate Deputy degree or condition soever they be c. shall have any power or authority to make any c. Iustices of Peace c. Lambert 25. § 2. N. 2. But that all such Officers and Ministers shall be made by Letters Patents under the Kings Great Seal Patents in the name and by the authority of the Kings Highness and his Heirs Kings of this Realm in all Shires Counties Counties Palatine and other places of this Realm Wales and the Marches of the same or in any other of his Dominions at their pleasure and wills in such manner and form as c. Iustices of the Peace c. commonly made in every Shire of this Realm any Grants Vsages Prescription Allowance Act or Acts of Parliament or aâ— other thing or things to the contrary thereof notwithstanding Indictment And that in every Writ and Indictment § 4. N. 1. that shall be made in any such County Palatine or Liberty c. whereby it shall be supposed any thing to be done against the Kings Peace shall be made and supposed to be done only against the Kings Peace his Heirs and Successors and not against the Peace of any other Person or Persons whatsoever they be any Act of Parliament Grant Custome Vsage or Allowance in Eyre before this time had granted or used to the contrary notwithstanding Franchise Provided alwayes that § 5. N. 1. c. Iustices of Peace to be made and assigned by the Kings Highness within the County Palatine of Lancaster shall be made and ordained by Commission under the Kings usual Seal of Lancaster in manner and form as hath been accustomed any thing in this Act to the contrary thereof notwithstanding Corporation Provided also that all Cities Boroughs § 6. N. 1. and Towns Corporate within this Realm which have liberty power and authority to have Iustices of Peace c. shall still have and enjoy their liberties and authorities in that behalf in such like manner as they have been accustomed without any alteration by occasion of this Act any thing in this Act or in any Article therein contained to the contrary thereof notwithstanding Justices And it is Enacted c. That all such Iustices to be made § 16. N. 1. as is afore rehearsed in this Act shall have authority and power to keep and hold their Sessions of Peace c. from time to time only within the same Liberties and Franchises and in such places and in none other places by reason and authority of that Commission and to do and execute all other things within the same in as ample and large manner as any other Iustices of Peace c. in any Shire within this Realm may do and have authority to do any Act Grant Vse Custome and Allowance heretofore had made or used or any Article in this present Act made to the contrary notwithstanding Franchise Provided alwayes That all and singular Iustices of the Peace § 17. N. 1. c. hereafter to be made named and appointed by the Kings Highness his Heirs and Successors within any Liberty where any such Iustice of Peace c. have been made by any person or persons by virtue or authority of any Letters Patents of the Gift or Grant of our Soveraign Lord the King or his most noble Progenitors Kings of this Realm or otherwise shall sit and keep their Sessions c. only in such place and places as the Iustices of the said Liberties lately have commonly used within the said Liberties Corporation And that no Person or Persons within the said Liberties § 17. N. 2. or any of them shall be hereafter in no wise compelled by authority of this Act to appear out of the said Liberties before any other Iustices c. of the Peace then before such Iustices as shall be named and assigned to sit and be by the Kings Highness his Heirs and Successors within the said Liberties in form aforesaid Cinque Ports Provided always and be it Enacted § 20. N. 1. that Thomas now Bishop of Ely and his Successors Bishops of Ely and their temporal Steward of the Isle of Ely for the time being and every of them shall from henceforth be Iustices of Peace within the said Isle and shall use and exercise all manner of things within the same Isle that appertain or belong to any Iustice of Peace within any County of this Realm of England to do exercise and use by virtue and authority that they be Iustices of Peace in as ample and large manner as any other Iustices of Peace in any County within this Realm have or might do exercise or use any thing or things in this Act contained to the contrary notwithstanding Eccles Persons Provided always and be it Enacted § 21. N. 1. that Cuthbert now Bishop of Durham and his Successors Bishops of Durham and their temporal Chancellor of the County Palatine of Durham for the time being and every of them shall from henceforth be Iustices of the Peace within the said County Palatine of Durham and shall exercise and use all manner of things within the same County Palatine that appertaineth or belongeth to any Iustice of Peace within any County of this Realm of England to do exercise and use by virtue and authority that they be Iustices of Peace in as â—â—â—â—ple and large manner as any other Iustices of Peace in any County within this Realm have or might do exercise or use any thing or things in this Act contained to the contrary notwithstanding § 22. N. 1. Provided alwayes and be it Enacted Justices That Edward now Arch-Bishop of York and his Successors Arch-Bishops of York and their temporal Chancellor of the Shire and Liberty of Hexam otherwise called Hextoldsham for the time being and every of them shall from henceforth be Iustices of Peace within the said Shire
and Liberty of Hexam c. and shall exercise and use all manner of things within the said Shire and Liberty that appertaineth or belongeth to any Iustice of Peace within any County of this Realm of England to do exercise and use by vertue and authority that they be Iustices of Peace in as large and ample manner as any other Iustice of Peace in any County within this Realm have or might do exercise or use any thing or things in this Act contained to the contrary notwithstanding Cap. 28. 27. § 11. N. 1. And over that it is Enacted Husbandry That all Iustices of Peace in every Shire where every such offence Viz. Of not using Husbandry on dissolved Monastery c. shall be committed and done contrary to the true meaning and intent of this present Act shall in every quarter and general Sessions within the limit of their Commission inquire of the Premises and shall have full power and authority to hear and determine the same 28 H. 8. C. 14. § 4. N. 1. And it is also Enacted Wine That the Iustices of Peace in every Shire of this Realm and all Mayors c and every of them within the limits of their Commissions and authorities as well within Franchises as without shall have power and authority to examine hear inquire and determine the defaults of such as shall attempt to sell any Wines in gross contrary to this Act and to punish the Offenders by Imprisonment or otherwise by their discretions 31 H 8. Ca. 8. § 9. N. 1. Provided also Prerog That if any Proclamation or Proclamations hereafter shall be directed by virtue of this Act viz. For any thing not concerning Inheritance c. to the Iustices of Peace of any Shire or County that then within fourteen dayes after the receipt thereof the same Iusties shall and may by their discretions divide themselves viz. As on Act of Parliament in sundry parts and places within the limits of their Commission for the due and speedy execution of the contents of the same Proclamation or Proclamations C. 14. § 17. N. 3. And also That Iustices of Peace in their Sessions Religion and every Steward Vnder-Steward and Deputy of Steward of any Leet or Law-day in their Leet or Law day shall have like power and authority by virtue of this Act to inquire by the Oaths of twelve lawful men of all and singular the Heresies Contempts and other Offences viz. Against the six Articles c. done perpetrated or committed within the limits of their Commissions and Authorities 1 Ed. 6 Cap. 12 § 4. N. 1. 32 H. 8. Cap. 7. § 4. N. 1. And further be it Enacted c. Tythes That if any Person or Persons after such Sentence definitive given against them Viz. In suit by Ecclesiastical or Lay-man seised of Parsonage c. For tythes obstinately and wilfully refuse for to pay their Tythes or such Sums of Mony so adjudged viz. By the Ordinary wherein they be condemned for the same that then two Iustices of the Peace of the same Shire whereof one to be of the Quorum shall have authority by this Act upon Information Certificate or Complaint to them made by writing by the said Ecclesiastical Iudge that gave the same Sentence to cause the same Party so refusing to be attached and committed to the next Goal and there to remain without Bail or Mainprize till he or they shall have found sufficient Sureties to be bound by Recognisance or otherwise-before the same Iustices to the use of our Sovereign Lord the King to perform the said definitive Sentence and Iudgment 27 H. 8. Cap. 20. § 1. N 5. C. 13. § 8. N. 1. And it is further Enacted c. Cattle That the Iustices of Peace in every Shire Riding and other Place in their Quarter Sessions to be kept and holden by virtue of the Kings Commission of the Peace to them directed and all Stewards of Leets c. shall have authority by this Act to inquire of all defaults Contempts Omissions and Offences contrary to the effects above written c. viz. Of putting in Horses not measure or infected into Forest Common c. Common Which Iustices of Peace in their Quarter Sessions of the Peace shall have power and authority by this Act to hear and determine every such Presentment before themselves found § 8. N. 3. or in any of the said Leets or Lawdays to be presented and certified c. as well by Examination as otherwise Franchise In consideration viz. of the travelling too often of the Gentry c. be it Enacted c. C. 43. § 1. N. 8. That from henceforth the Law and Administration of Iustice and all other things in the said County viz. of Chester in times past used to be had at the said Shire days shall be holden had made done and executed by the Iustices of the said County for the time being at two times in the year only that is to wit at the Sessions next after the Feast of St. Michael the Archangel and at the Sessions next after Easter yearly for ever during so many days of every of the said time or times as need shall require in like manner and form as it is now used in the County Palatine of Lancaster Parliament Henry the Eighth by the grace of God King of England France and Irelend Defender of the Faith and of the Church of England 33 H. 8. pa. 532. and also of Ireland in Earth Supream Head to the honour of Almighty God and for the concord quiet and wealth of this his Realm and Subjects of the same held his most high Court of Parliament begun at Westminster the sixteenth day of January and continued until the first day of April the three and thirtieth year of his most noble and virtuous Reign wherein were established these Acts following Collusion Forasmuch as many light and evil disposed Persons not minding to get their livings by Truth according to the Laws of this Realm Cap. 1. but compassing and devising daily how they may unlawfully obtain and get into their hands and possession Goods Cattel and Iewels of other Persons for the maintainance of their unthrifty living and also knowing that if they come to any of the same Goods Cattles and Iewels by stealth that then they being thereof lawfully convict according to the Laws of the Realm shall die therefore have now of late falsely and deceitfully contrived devised and imagined privy Tokens and counterfeit Letters in other mens names unto divers persons their special friends and acquaintances for the obtaining of Mony Goods Cattels and Iewels of the same persons their friends and acquaintances by colour whereof the said light and evil disposed Persons have deceitfully and unlawfully obtained and gotten great substance of Mony Goods Cattels and Iewels into their hands and Possessions contrary to right and Conscience Coron For reformation
whereof § 2. N. 1. be it ordained and Enacted by Authority of this present Parliament that if any person or persons of what estate or degree soever he or they be at any time after the first day of April next coming falsly and deceitfully obtain and get into his or their hands or possession any Mony Goods Cattel Iewels or other things of any other Person or Persons by colour and means of any such false token or counterfeit Letter made in any other mans name as is aforesaid that then every such Person and Persons so offending and being thereof lawfully convict by Witnesses taken before the Lord Chancellor of England for the time being or by Examination of Witnesses or Confession taken in the Star-Chamber at Westminster before the Kings most honourable Council or before the Iustices of Assize in their Circuits for the time being or before the Iustices of Peace within any part of the Kings Dominions in their general Sessions or by Action in any of the Kings Courts of Record Imprisonment Shall have and suffer such Correction and punishment by Imprisonment of his Body sitting upon the Pillory or otherwise § 2. N. 2. by any Corporal Pain except pains of death as shall be unto him or them limited adjudged or appointed by the Person or Persons before whom he shall be so convict of the said Offences or any of them Process And be it further Enacted by the Authority aforesaid § 3. N. 1. that as well the Iustices of Assize for the time being as also two Iustices of the Peace in every County whereof the one to be of the Quorum shall have free Power and Authority to call and convent by Process or otherwise to the said Assizes or general Sessions any person or persons being suspected of any of the Offences aforesaid and to commit him or them to Ward or let him or them to Bail till the next Assizes or general Sessions there to be examined and further to be ordered by their discretions as is abovesaid § 4. N. 1. Provided always and be it further Enacted by the Authority aforesaid Franchises that Iustices of Peace within every City Borough Town and Franchise within this Realm or other the Kings Dominions shall have like Iurisdiction Power and Authority at their general Sessions and otherwise to do and execute all and every thing and things in all points as other Iustices of Assizes in their Circuits or Iustices of the Peace in the Counties by Virtue of this Act be limited and appointed to do and execute for the Punishment and Correction of like Offenders as by this foresaid Act is specified and declared § 4. N. 2. Saving to the Party greived by such deceit Collusion such Remedy by way of Action or otherwise of and for the same Mony Goods Cattels Iewels or other things so obtained as he might have had if this Act had never been had ne made anything in the same contained to the contrary in any-wise notwithstanding § 5. N. 1. Provided alwayes France and be it further Enacted by the Authority aforesaid that the Kings Highness Council of his Town of Calice or three of them for the time being shall have such and like Authority for the Examination Bailment and Punishment of such Offender or Offenders and for such Offences hereafter to be committed and done within the Town and Marches of Calice and County of Guiâ—nes as the aforesaid Iustices of Assize or Iustices of Peace have by force of this Act whithin their Iurisdictions and Authorities C. ◠§ 16. N. 2. And that the same Iustices of Peace Games viz. before whom any is brought for using Cross-bow Hand-gun Hagbut or Demyhake not measure c. upon a due Examination and Proof thereof before him had or made by his disretien shall have full Power and Authority to send or commit the same Offender or Offenders to the next Goal there to remain till such time as the said Penalty or Forfeiture Viz. of 10 l. shall be truly contented and paid by the same Offender § 19. N. 1 And be it further Enacted Justices c. that it shall be lawful to all Iustices of Peace in their Sessions c. to inquire hear and determine every such Offence c. committed and done contrary to the tenor of this present Act. C. 9. § 10. N. 3 And that Iustices of Assize of Goal-delivery Iustices of Peace Games and Stewards of Franchises Leets and Law-days have Power to inquire of all the Premises viz. of Archery in their Sessions Leets and Law-days and hear and determine the same and also by their discretion examin all persons lacking and not having Bows Shafts and Arrows according to the form aforesaid § 14. N. 1. Be it further Enacted Process c. that it shall be lawful to all and every the Iustices of Peace in every Shire Mayors Sheriffs Bailiffs and other head-Officers within every City Town and Borough within this Realm from time to time as well within liberties as without as Need and Case shall require to come enter and resort into all and every Houses Places and Alleys where such Games viz. Bowling Coyting Cloysh Cayls half-Bowl Tennis Dicing Table or Carding or any unlawful now Game hereafter to be invented c. shall be suspected to be holden exercised used or occupyed contrary to the form of this Statute § 14. N. 2. And as well the Keepers of the same as also the persons there haunting Imprisonment resorting and playing to take arrest and imprison and them so taken and arrested to keep in Prison unto such time as the Keepers and Maintainers of the said Plays and Games have found Sureties to the Kings use to be bound by Recognizance or otherwise no longer to use keep or occupy any such House Play Game Alley or Place § 14. N. 3. And also that the persons there so found be in likewise bound by themselves or else with Sureties by the discretion of the Iustices Mayors Recognizance Sheriffs c. no more to play haunt or exercise from thenceforth in at or to any of the said places or at any of the said games Parliament Forasmuch as before this time divers and sundry good Laws Statutes Cap 10. Provisions and Ordinances have been made by the Kins Majesty our Natural Soveraign Lord and other his most Noble Progenitors for the Increase and Advancement of the Publick and Common-Wealth of this Realm of England and of his Highness Subjects of the same amongst which some special notable and profitable Laws Statutes Ordinances and Provisions be very requisite convenient and expedient for the same Common-wealth duly and diligently to be put in daily Exercise and Execution Process And such as have been and be Authorised to put in due and just Execution such special and notable Laws Statutes and Ordinances § 1. N. 2. and to correct and
to the intent that the Sheriff shall there answer the same to the Kings use § 3. N. 1. Provided always and be it Enacted by Authority aforesaid Fees that every of the said Iustices of Peace shall have for holding of every of their said Sessions as is aforesaid 4 s. for their Costs § 3. N. 2. And the Clerk of the Sessions by them to be appointed for the making and writing of the Process and Extracts of the Sessions Offices for every Sessions 2 s. to be paid by the hands of the Sheriff of the Kings part and Portion of the Pains Losses and Forfeitures and of the Issues Fines and Amercements aforesaid § 4. N. 1. Provided always that Iustices of Peace in Cities Corporat Boroughs and Towns Corporate not being Shires or Counties of themselves shall assemble once in the year with the Iustices of Peace of the Shire where such Cities Boroughs or Towns Corporate be and shall be limited to execute this Act within the City Borough or Town Corporate where they shall be Iustices of Peace and not elsewhere Indictment Provided also that no Information or Presentment § 5. N. 1. shall be had or taken by the said Iustices of Peace so divided by Authority of this Act but for such Offences Defaults or Contempts as be or shall be done within the limits of their Division Justices And be it further Enacted by Authority aforesaid § 6. N. 1. that the said Iustices of Peace so divided or two of them within the limits of their Division shall have full Power and Authority to examin inquire hear and determin by Information and Tryal as is aforesaid all Defaults and Contempts which after the Feast of the Nativity of our Lord next coming shall be done or committed by any Servants commonly called Yeomen or Grooms Husbandmen Labourers and Artificers or any of them against the tenor form and effect of the Statutes and Laws made for excessive Apparel and to correct and punish the Offenders therein being thereof Convict afore them as is aforesaid according to such Pains Forfeitures and Punishments as is limited by the said Laws and Statutes of Apparrel to be levyed paid and certifyed as is aforesaid Wales And it is further Enacted by the Authority aforesaid § 7. N. 1. that as well the Iustices of Assize as the Iustices of Chester and the Kings Iustices of North-Wales and South-Wales in all and singular their Circuits shall have full Authority and Power by the force of this present Act to inquire as well by Information as by Presentment before them of the Defaults Contempts Omissions Negligences Favours Affections Corruptions and other things whatsoever they shall be of all and singular the said Iustices of Peace which shall not diligently truly and duly see put and cause the said good Laws and Statutes Ordinances and Provisions to be put in due Exercise and perfect Execution according to the effects as well of the said Statutes heretofore made as of this present Act and to hear examin and determin the same as is aforesaid Amercement And to assess such Fines upon the said Iustices of Peace § 7. N. 2. and upon every of them being Convict of any Defaults Negligences and Offences as is aforesaid as to their discretion shall be thought expedient for the Quality and Quantity of their Offences Officers And be it Enacted by the Authority aforesaid that all Sheriffs § 8. N. 1. Bayliffs Constables Head-Boroughs and all and singular other Officers and Ministers whatsoever as well within Liberty as without shall be attendant aiding and assisting to all and singular the said Iustices of Peace in and for the due Execution of this Act upon Pain to make such Fines as by the said Iustices of Peace or two of them shall be assessed to the Kings use by their discretions Justices Provided always § 9. N. 1. that this Statute shall not bind any Iustice of Peace or of Quorum to assemble or execute any thing in this Act or in any other Shire City Borough or place then in such Shire City Borough or place where he shall be resident and dwelling at that time when such Assembly shall be made by vertue of this Act Appearance Provided also § 10. N. 1. that such Lords and others which being Iustices of Peace or Quorum be or shall be of the Kings Privy Council attendant upon his Royal Person or any Principal Officer of his Highness House attendant upon his Office and other which shall happen to be appointed in his Highness Service by his Majesties Commandment shall not be compelled to assemble with the Iustices of Peace or Quorum in any Shire City or Borough or otherwise bounden to do or exercise by Authority of this Act than they be bound to do afore the making of this Act any thing or things contained in this Act to the contrary notwithstanding Prerog Provided also that the Iustices of either Bench § 11. N. 1. Barons of the Kings Exchequer the Kings Attorny and Solicitor and all other Iustices Officers and Ministers being bound to attend at the Terms shall not during their such attendance be compelled to hold or keep any Sessions in the limits divided to them upon the Assembly of the Iustices of Peace as is aforesaid Days And to the intent that the said Iustices Barons § 12. N. 1. and all other Officers and Ministers aforesaid may the better be once in the year at every Assembly aforesaid it is therefore Ordained by Authority of this Act that the Quarter Sessions holden after Easter shall be yearly kept upon the Tuesday next after Low-Sunday in every Shire of this Realm Wales and other the Kings Dominions § 13. N. 1. Provided always Franchise that this Act or any thing therein contained shall not in any wise extend to the County Palatine of Hexam within the County of Northumberland ne to the County Palatine of Ely within the County of Cambridge nor to any Town-Corporate or Liberty within either of the said Counties Palatine having Iustices of Peace for or concerning the extracting returning certifying or levying of any Issues Fines Forfeitures Amercements or Penalties to be assessed or taxed upon any person or persons in any Sessions to be holden within the said Counties Palatine or either of them or within any Town-Corporate situate and being within either of the said Counties Palatine § 13. N. 2. But that the same Issues Fines Forfeitures Amercements Amercements and Penalties and every of them may be assessed taxed extracted returned certifyed and levyed from time to time hereafter in such manner and form to all intents and purposes as they and every of them have been used to be assessed taxed extracted returned certifyed and levyed at any time before the making of this Act or should be assessed taxed extracted returned certifyed and levyed if this Act had never béen
had or made this Act or any thing therein contained to the contrary notwithstanding § 14. N. 1. Provided always and be it Enacted by the Authority abovesaid Days that Iustices of the Peace within any Shire of this Realm of England and Wales shall not be compelled by vertue of this Act to assemble themselves for the Execution of this Act for this present year before the next general Assizes to be holden within every such County before the Feast of St. Michael the Arch-Angel next coming but that they and every of them shall be compelled upon like pain mentioned in this Act to assemble themselves at the said general Assizes for the execution of the same for this present year only according to the Purport Tenor and True meaning of this Act any thing in this Act to the contrary notwithstanding § 15. N. 1. Provided always that this Act nor any therein contained Cinque Ports shall not in any wise extend nor be prejudicial or hurtful to the County Palatine and Dutchy of Lancaster or any Town-Corporate within the same County Palatine and Dutchy having Iustices of the Peace for or concerning the extracting returning certifying or levying of any Issues Fines Forfeitures Amercements or Penalties to be taxed or assessed upon any person or persons in any Sessions to be holden within the said County Palatine and Dutchy of Lancaster or Towns-Corporate parcel of the same Dutchy by vertue of this Act but that the same Issues Fines Forfeitures Amercements and Penalties shall and may be extracted returned certifyed or levyed from time to time in such manner and form to all intents and purposes as they have used to be extracted returned certifyed and levyed at any time before the making of this Act this Act or any thing therin contained to the contrary notwithstanding § 16. N. 1 Provided always and be it Enacted by Authority aforesaid Forfeitures that all Issues Fines Amercements and Forfeitures rising and growing by vertue of this present Act within any of the general Liberties Franchises or Temporal-Iurisdictions which been severally appointed and assigned to the Survey Order and Governance of the King our Soveraign Lords several Courts of the Augmentations of the Revenues of his Crown and of the general Surveyors of the Kings Lands shall be claimed and allowed and also collected and levyed by the Kings Bailiffs or other Officers of the same Liberties Franchises and Iurisdictions for the time being and shall be severally answered to the King in the same several Courts after and according to such sort and order as other Issues Fines Amercements and Forfeitures within the same several Liberties Franchises and Iurisdictions as this present time been or ought to be claimed allowed and answered any thing in this present Act to the contrary notwithstanding Wales Provided always § 17. N. 1. and be it further Enacted by the Authority aforesaid That the Iustices of Peace in every of the Shires in South Wales and North Wales and County Palatine of Chester according to their limitation shall and may certifie all the Estreats by them to be made in manner and form as is aforesaid to and afore such Chamberlain or Chamberlains Chancellor or Chancellors Auditor or Auditors in such place or places as by the Kings Majesty is or hereafter shall be appointed or assigned for hearing and determining of the Sheriffs accounts in every of the said Shires in Wales or County Palatine aforesaid any thing in this Act mentioned to the contrary notwithstanding Franchise Provided always That this Act or any thing therein contained § 18. N. 1. shall not in any wise extend to the County Palatine and County of Durham or to any Town Corporate within the same County Palatine or County having Iustices of Peace for and concerning the extracting returning certifying or leavying of any Issues Fines Forfeitures Amerciaments or Penalties to be assessed or taxed upon any person or persons in any Sessions to be holden within the said County Palatine or County of Durham or within any Town Corporate situate and being within either the said County Palatine or County but that the same Issues Fines Forfeitures Amerciaments or Penalties and every of them may be assessed taxed extracted returned certified and levyed from time to time hereafter in such manner and form to all intents and purposes as they and every of them have been used to be assessed taxed extracted retorned certified and levyed at any time before the making of this Act or should be assessed taxed extracted retorned certified and levyed if this Act had never been had or made this Act or any thing therein contained to the contrary notwithstanding Cinque Ports Provided always and be it Enacted That this Act § 19. N. 1. or any thing therein contained shall not extend to the Barons and Inhabitants of or within the Cinque Ports or their members or to any of them to compel or constrain them or any of them to assemble themselves with any of the Iustices of the Peace out of their said Ports and Members and the liberties of the same or for and concerning the Estreating of Fines Issues Forfeitures and Amerciaments to be set lost or assessed by vertue of this Act within the liberties aforesaid Appearance But that they and every of them shall and may assemble themselves together at such place and places within their liberties for the executing of this Act as to them shall be thought most convenient § 19. N. 2. and to divide themselves after such fashion as they shall think best and most requisite for the executing of this Estatute in this Act mentioned Amercement And may and shall take such Fines Issues Forfeitures § 19. N. 3. and Amerciaments and every of them as shall be set lost and assessed by vertue of this Act in such manner and form and to such uses purposes and intents as they or any of them lawfully should might or ought to have had before the making of this Act this Act or any thing therein contained to the contrary notwithstanding Franchise Provided alway that this Act or any thing therein contained § 20. N. 1. be not at any time hereafter in any wise prejudicial or hurtful to any person or persons Bodies Politick or Corporate to their Heirs or Successors or to the Heirs or Successors of any of them for or concerning any their lawful rights titles interest or claims of in or to any manner of Issues Fines Amerciaments Penalties or other Forfeitures in any wise to be assessed lost and forfeited before any Iustices of Peace at their Sessions hereafter to be holden or kept in any Shires City Borough or Town Corporate within this Realm of England by vertue and authority of this Act. But that every such Person or Persons § 20. N. 2. Bodies Politick and Corporate their Heirs and Successors and the Heirs and Successors of every of them and their lawful deputies
much thereof under the same fourth part of the said Woods and Vnder-woods as shall by the Discretions and Wisdoms of the said Iustices be thought necessary and requisite to limit and set out Parliament Statutes made in the Parliament holden at Westminster 37 H. 8. pa. 605. in the seven and thirieth year of the most renowned H. 8. by the Grace of God King of England France and Ireland Defendor of the Faith and of the Church of England and also of Ireland in Earth Supream Head Chancery Where before this time the Lord Chancellor of England for the time being hath by reason of his Office of the Chancellorship Cap. 1. the Nomination and Appointment of the Custos Rotulorum within all and every Shire of this Realm of England and Wales and other the Kings Dominions Marches and Territories of the same 3 4 Ed. 6. Cap. 1 § 2. N. 3. Peace And yet in like manner all and every person which had enjoyed the said Office of the Custos Rotulorum hath had until now of late § 1. N. 2. the nomination and appointment of the Clerk of the Peace within such Shires where he or they had and enjoyed the said Office of Custos Rotulorum Officer And where now of late divers and sundry persons within this Realm being not learned § 1. N. 3. nor yet meet ne able for lack of Knowledge and Learning to occupy and exercise the said Office of the Custos Rotulorum and of the Clerk of the Peace have of late years by labor friendship and means attained and gotten for term of their lives of the Kings Majesty several Grants by his Highness Letters Patents to them made of the Clerkship of the Peace by reason whereof and for that the Parties to whom the said several Grants have been so made and granted have not been sufficiently learned to exercise and occupy the same Office and Offices many and sundry Indictments as well of Felony Murder and other Offences and Misdemeanors and the Process awarded upon the same Indictments have not only been by reason thereof made clearly frustrate and void sometime by reason of the negligent ingrossing and keeping of the said Indictments and sometime by reason of the Imbezelling or Razure of the same Indictments Inrollment But also viz. by ignorant Clerks divers and sundry Bargains and Sales of divers and sundry Mannors Lands and Tenements § 1. N. 4. had and made between party and party have been made frustrate and void for lack of sufficient Inrolment of the Bargains and Sales to be had and made by the Clerks of the Peace to the great hindrance of Iustice and to the Disinheritance of divers of the Kings most Loving Subjects § 2. N. 1. For Reformation whereof Ability to the intent that Iustice may be the better hereafter preserved and that the same Offices may hereafter be occupyed and exercised by such persons learned in the Laws of this Realm as shall be able to exercise and supply the same § 2. N. 2. Be it Enacted by the King our Soveraign Lord Prerog with the Assent of the Lords Spiritual and Temporal and of the Commons in this present Parliament assembled and by Authority of the same that no person or persons shall from henceforth be nominated and appointed to the said Office and Offices of the Custos Rotulorum within any Shire of this Realm of England Wales and other the Kings Dominions Marches or Territories of the same but such as shall have a Bill signed with the Kings hand for the same 3 4 Ed. 6. Cap. 1. § 2. N. 3. Which Bill signed Chancery shall be a sufficient Warrant by the Authority abovesaid to the said Lord Chancellor of England and the Lord Keeper of the Great Seal for the time being to make from time to time Commission or Commissions assigning and authorizing thereby the same person to be Custos Rotulorum untill the King hath by another Bill assigned with his own hand appointed and ordained one other person to have occupy and exercise the same Office of Custos Rotulorum 3 4 Ed. 6. Cap. 1. § 1. N. 2. § 2. N. 4. And that the said person appointed and Assigned to be Custos Rotulorum as is abovesaid shall and may occupy Patents exercise and enjoy the same Office of Custos Rotulorum by himself or by his sufficient Deputy learned in the Laws of this Realm and meet and able to supply the said Office according to the tenor of the said Grant or Commission 3 4 Ed. 6. Cap. 1. § 1. N. 3. § 3. N. 1. And be it further Enacted by the Authority of this present Parliament Peace that every Custos Rotulorum for the time being shall at all times hereafter in every Shire of this Realm Wales and other the Kings Dominions Marches and Territories of the same nominate elect appoint and assign all and every person and person which hereafter shall be Clerks of the Peace within any of the said Shires of this Realm of England Wales and other the Kings Dominions Marches and Territories of the same § 3. N. 2. And to give and grant the said Office and Offices of Clerkship of the Peace Officer to such able persons instructed in the Laws of this Realm as shall be able to exercise and occupy the same to hold and enjoy the same during the term that the said Custos Rotulorum shall occupy and exercise the said Office of Custos Rotulorum so that the said Clerk demean him in the said Office justly and honestly § 3. N. 3. And that it be lawful to every such Grantors of the said Clerkship Deputy to occupy and enjoy the same Office of the Clerkship of the Peace by himself or by his sufficient Deputy instructed in the Laws of this Realm so that the same Deputy be admitted taken and reputed by the said Custos Rotulorum be sufficient and able to exercise occupy keep and enjoy the same Office of the Clerkship of the Peace § 4. N. 1. Provided always and be it Enacted by the Authority aforesaid Patents that all such as now have any of the said Offices of Custos Rotulorum or Clerkship of the Peace by the Kings Letters Patents of Commission to them made shall and may enjoy have and exercise their said Offices by vertue of the same Letters Patents or Commission by themselves or by their sufficient and able Deputy instructed in the Laws of this Realm any thing in this present Act had or made to the contrary notwithstanding § 5. N. 1. Provided also and be it Enacted by Authority abovesaid Franchise that the Arch-Bishop of York the Bishop of Durham the Bishop of Ely and every of their Successors and all and every such person and persons Corporations and Bodies Corporate to whom the Kings Majesty or any of his Noble Progenitors by his or
Mares or Gâ—ldings into Scotland or beyond the Seas C. 7. § 4. N. 1. And also be it Ordained c. that albeit any Abatement c. Iustice of the Peace within any of the Kings Dominions c. shall fortune to be made c. Duke Arch-Bishop Marquis Earl Viscount Baron Bishop Knight Iustice of the one Bench or of the other or Serjeant at the Law or Sheriff yet that notwithstanding he shall still remain Iustice c. and have full Power c. as he or they might or ought to have done before the same § 6. N. 1. And over that no manner of Process or Suit made c. before any Justices c. Iustices of Peace c. shall ne in any wise be discontinued c. by altering of the names of the c. Iustices of Peace 11 H. 6. Cap. 6. § 1. N. 2. C. 12. § 19. N. 3. And that the same Accusation c. so to be had made and declared Treason viz. withâ—n thirty days after Treason spoken c. shall be made to one of the Kings Council or to one of the Kings Iustices of Assize or else to one of the Kings Iustices of the Peace being of the Quorum or to two Iustices of the Peace within the Shire where the same Offence c. shall happen to be done or committed any thing in this Act contained to the contrary in any wise notwithstanding 2 3 Ed. 6. C. 2. § 4. N. 1. And if such Souldiers so offending War viz. departing or selling their Harness c. fortune to escape from the Lieutenant c. without the Punishment viz. of Imprisonment till Satisfaction and Restitution aforesaid that then the same Souldier upon complaint made by the Party grieved or his Executors or Administrators upon due Proof thereof to made to any Iustice or Iustices of the Peace in the parts where such Souldiers so offending shall be found shall be by such Iustice or Iustices committed to Ward there to remain without Bail or Mainprize until he have satisfyed the Party grieved his Executors or Administrators of and for such Horses Geldings or Mares and Harness so by any such Souldier wilfully lost exchanged altered or otherwise purloyned Process And that the Iustices of every Shire where any such Souldier viz. Departing without Licence shall be taken shall have full Power to inquire § 6. N. 2. hear and determine in all and every the said Offences concerning every such Departure as they do and may do in all other Cases of Felony committed in the Shire where such Souldiers shall be taken Justices And be it further Enacted C. 10. § 4. N. 1. c. that the Iustices of Peace in every of their Sessions and also the Steward in every Leet shall have full Power c. to inquire hear and determin as well by Presentment of twelve Men as by Accusation or Information of two honest Witnesses of for and upon all and every the Offences and Forfeitures c. viz. of not well drying sifting or mixing of Mault c. as well for the King as for the Party that shall sue procure or cause the same to be presented as is beforesaid And if any of them viz. Constabâ—es Bailiffs c. shall thereupon Viz. on Search find any Mault so put to Sale Coron being evil made § 4. N. 3. or mingled with evil Mault c. that then the said Bailiff or Constable so finding any such Mault c. with the advise of one Iustice of Peace within the same Shire shall cause the same to be sold to such person c and at such reasonable price c. and under the common price of the Market as to his discretion shall seem necessary and expedient And that all and every other person Authorized to shoot or otherwise if he inhabit in any Town-Corporate be presented by the Mayor or other Officer of the same Games and inhabiting in the County C. 14. § 2. N. 2. be presented within one Month after the publishing of this Act to the next Iustice of Peace adjoyning In which Cases the said Mayor Iustice or other Officer so taking their names as is aforesaid Corporation § 2. N. 3. shall again present and record the same before a Iustice of the Peace at the next Quarter Sessions to the intent the Clerk of the Peace of the County may keep a certain Book or Roll of the names of all such persons by the which the Kings Majesty may from time to time be ascertained how many sheet and able men exercised in that Feat be in every County that the same may be imployed in his Graces Service as need and occasion shall require And it is further Ordained c. that all and singular Iustices of Assize Victuals Iustices of Peace Mayors Bailiffs and Stewards of Leets C. 15. § 3. N. 1. at all and every their Sessions Leets and Courts shall have full Power and Authority to inquire hear and determin all and singular Offences committed against this Statute viz. of Conspiracy by Victualers Artificers c. and to punish or cause to be punished the Offender according to the Tenor of this Act viz. by Fine Imprisomnent Pillory c. Fish And furthermore it is Ordained c. that Iustices of Goal delivery and Iustices of Peace in all and singular Counties Cities C. 19. § 4. N. 1. Towns-Corporate and other places within this Realm of England and other the Kings Dominions shall have full Power and Authority to inquire hear and determin all manner of Offences that shall be committed or done contrary to this Act viz. Eating Flesh on Fridays Saturdays Embring-days and Fish-days in like manner and form as they may inquire hear and determin any Trespass or other Offence against the Kings Peace committed or done within the limits or place where they then shall be Iustices c. For redress c. be it Enacted c. that where any person C. 24. § 2. N. 5. c. shall be Feloniously stricken or poysoned in one County Coron and dye of the same c in another County that then an Indictment thereof found by Iurors of the County where the death shall happen whether it shall be found before the Coroner c or before the Iustices of Peace or other Iustices or Commissioners c. shall be as good c. as if the Stroke or Poysoning had been committed or done in the same County where the Party shall dye or where such Indictment shall be so found c. And further be it Enacted c. that where any Murder or Felony hereafter shall be committed and done in one County Lieu. § 4. N. 1. and another person or more shall be accessary c. in any manner of wise c. in any other County that then an Indictment found c. before the Iustices of Peace or other Iustices
or Commissioners to inquire of Felonies in the County where such Offences of Accessary c. shall be committed c. shall be as good and effectual in the Law as if the said principal Offence had been committed c. within the same County where the same Indictment against such Accessary shall be found § 4. N. 2. And that the Iustices of Goal-delivery or Oyer and Terminer Accessary or two of them of or in such County where the Offence of any such Accessary shall be hereafter committed c. upon suit to them made shall write to the Custos Rotulorum or Keepers of the Records where such Principal shall be hereafter attainted or convicted to certify them whether such Principal be attainted or convicted or otherwise discharged of such principal Felony who upon such Writing to them or any of them directed shall make sufficient Certificate in Writing under their Seal or Seals to the said Iustices whether such Principal be attainted and convicted or otherwise discharged or not 3 4 Ed. 6. p. 667. Acts made in the Session of this present Parliament Parliament holden upon Prorogation at Westminster the fourth day of November in the third year of the Reign of our most Dread Soveraign Lord Edward the sixth by the Grace of God King of England France and Ireland Defender of the Faith and of the Church of England and also of Ireland in Earth the Supream Head and there continued and kept to the first day of February in the fourth year of the Reign of our said Soveraign Lord as followeth Cap. 1. Where in the Parliament holden at Westminster in the seven and thirtieth year of the Reign of the most excellent Prince of Famous Memory King Henry the eighth viz. 37 H. 8. Cap. 1. § 2. N. 2. Patents it was Enacted that no person or persons should from the making of the said Act be nominated and appointed to the Office or Offices of Custos Rotulorum within any Shire of this Realm of England Wales or other the Kings Dominions Marches or Territories of the same but such as should have a Bill signed with the Kings hand for the same § 1. N. 2. Which Bill signed viz. 37 H. 8. Cap. 1. § 2. N. 3. Chancery should be a sufficient Warrant by Authority of the said Act to the Lord Chancellor of England and Lord Keeper of the Great Seal for the time being to make from time to time Commission or Commissions assigning and authorizing thereby the same person to be Custos Rotulorum untill the King had by another Bill assigned with his own hand appointed and ordained another person to have occupy and exercise the same Office of Custos Rotulorum § 1. N. 3. And Viz. 37 H. 8 Cap. 1. § 2. N. 4. Peace that the said person appointed and assigned to be Custos Rotulorum as is abovesaid should and might occupy exercise and enjoy the said Office of Custos Rotulorum by himself or by his sufficient Deputy learned in the Laws of this Realm and meet and able to supply the said Office according to the Tenor of the said Grant or Commission as by the same Act among other things more at large it doth and may appear § 2. N. 1. Since the making of which Statute viz. 37 H. 8. Cap. 1. § 2. Patents divers and many persons being in the said Offices of Custos Rotulorum in divers Shires of the Realm have departed this present Life and dyed so that there hath not come to the hands of the Chancellor of England or Lord Keeper of the Great Seal any Bill or Bills assigned with the Kings Majesties hand for the naming appointing or assigning of any new Custos Rotulorum in the same Shires and so the said Offices have remained void for a long time to the great let of Iustice § 2. N. 2. And also for that it shall be very tedious and much to the molesting of the Kings Majesty upon every avoidance of such Custos Rotulorum by death or otherwise Officer to move his Majesty for the signing of Bills for other persons to be elected named chosen and appointed to supply the said Offices of Custos Rotulorum being void § 2. N. 3. And for that the nomination and appointing of the said Office of Custos Rotulorum long before the making of the said Statute c. viz. 37 H. 8. Chancery C. 1. did appertain and belong to the Office of the Chancellor of England or Lord Keeper of the Great Seal for the time being § 3. N. 1. Be it therefore Enacted by the King our Soveraign Lord Prerog with the Assent of the Lords Spiritual and Temporal and the Commons in this present Parliament assembled and by the Authority of the same that the Chancellor of England or Lord Keeper of the Great Seal for the time being shall at all time and times hereafter and from time to time without any Bill or Bills to be assigned with the Kings hand name elect assign and appoint such person and persons to be Custos Rotulorum within every Shire of this Realm of England Wales and other the Kings Dominions Marches and Territories of the same or by any of them as by the discretion of the said Lord Chancellor or Lord Keeper of the Great Seal for the time being Deputy § 3. N. 2. shall be thought able and meet to have and exercise the same And that the said person or persons so to be appointed elected named and assigned by the said Lord Chancellor or Lord Keeper of the Great Seal for the time being shall and may occupy exercise and enjoy the same Office of Custos Rotulorum by himself or by his sufficient Deputy or Deputies Patents in as ample and large manner and form as if the said Act viz. 37 H. 8. Cap. 1. had never been had ne made § 4. N. 1. the before rehearsed Act or any thing therein contained to the contrary hereof in any wise notwithstanding Provided always and be it Enacted by the Authority aforesaid that all such as now have any of the said Offices of Custos Rotulorum by the Kings Letters Patents or Commission to them or any of them made shall and may enjoy Franchise have and exercise the said Offices by vertue of the same Letters Patents or Commission by himself § 5. N. 1. or his sufficient and able Deputy instructed in the Laws of this Realm any thing in this present Act had or made to the contrary notwithstanding Provided also that it be Enacted by the Authority aforesaid that the Arch-Bishop of York the Bishop of Durham the Bishop of Ely and every of their Successors the Chancellor of the Dutchy of Lancaster for the time being and all and every Person and Persons Corporations and Bodies Corporated to whom the Kings Majesty or any of his Noble Progenitors by his or their Letters Patents or Act
together in forcible manner unlawfully and of their own Authority to the intent to do exercise or put in ure any of the things above mentioned or to do any other Trayterous Felonies or Rebellions Act or Acts and so shall continue by the space of two hours that then every person so being willingly assembled in forcible manner and so continuing by the space of two hours shall be adjudged a Traytor to the King and to the Realm and shall suffer Execution of Death as in Case of High-Treason 1 Mar. 1. St. 2. C. 12 §20 N 1. Bar. Fem. And also that if any Wife or Servant of any of the same persons § 5. N. 1. or any other person whatsoever shall willingly and without Compulsion bring send deliver or convey any Mony Harness Artillery Weapon Meat Bread Drink or other Victual to any person or persons so being assembled as is aforesaid during such time as he or they shall so be assembled or be together as is aforesaid that then every Wife Servant or other person so bringing sending delivering or conveying any Mony Harness Artillery Weapon Meat Bread Drink or Victual to the same persons so being assembled together in forcible manner or to any of them shall be adjudged a Traytor to the King and to the Realm and shall suffer Execution of Death as in Case of High-Treason 1 Mar. 1. St. 2. Cap. 12. § 4. N. 1. Forfeiture And furthermore it is Ordained and Enacted by the Authority above said § 6. N. 1. that every person that at any time hereafter shall be attainted of or for any of the Treasons or Treason above mentioned shall upon his said Attainder forfeit his Goods and Cattels Interests for term of Life and of years Lands Tenements and other Hereditaments in like manner and form as any person attainted for Felony only should or ought to forfeit by the Common Laws of this Realm and not otherwise that is to say the King to have the year and day and wast of such Lands and Tenements wherof any person so attainted shall at the time of the Treason committed or at any time after have an Estate of Fee-Simple and also the Goods and Cattels real and personal Franchise And that the Lords of whom the said Lands and Tenements or any part thereof shall be holden § 6. N. 2. to have and enjoy the Lands or Tenements holden of him or them for ever in such the same manner and form as in Cases of Attainder of Felony at the Common-Law Tayl. And that every person that at any time hereafter shall be attainted of any of the Treasons aforesaid § 6. N. 3. shall forfeit the Lands and Tenements and other Hereditaments whereof he shall be seised of any Estate in Tayl or for term of Life or Lives at the time of any such Treason committed or at any time after during his Life only and no longer unless the person so attainted shall be thereof seised in his demean as of Fee at the time of the said Treason committed or at any time after Heir And that after the decease of the same person so attainted § 6. N. 4. all and singular such person and persons as should have had and enjoyed such Lands Tenements and other Hereditaments as any person that at any time hereafter shall be attainted of or for any Treason above specified shall fortune to be seised of any Estate in Tayl or for term of Life at the time of any such Treason committed or at any time after shall after the death of the same person that so shall fortune to be attainted have and enjoy the said Lands Tenements and other Hereditaments in like manner and form as though no such Attainder had been had any Law or Vsage to the contrary in any wise notwithstanding Riot And furthermore it is Ordained and Enacted by the Authority abovesaid § 7. N. 1 that if any persons above the number of two and under the number of twelve being assembled together at any time after the said twelfth day of February shall intend go about practice or put in ure with force of Arms unlawfully and of their own authority to murder kill or slay any of the Kings Majesties Subjects or to overthrow cut break cast down or dig up the Pales Hedges Ditches Wall or other Closure of any Parks Park or other Ground inclosed or the Bank of any Fish-Pond or Pool to the intent that the same or any of them from henceforth should remain open not inclosed or void or to have Common or Way in the same Parks Park or other Grounds or Ground inclosed or any of them or to destroy any manner of Parks or Park or Fish-Pond or Pool or any Warrens or Warren of Connies or any Dove-houses or to pull or cut down any House Barn Mill or to burn any Stacks of Corn or Grain or alter defalk or abate the Rents or yearly Value of any Mannors Lands or Tenements of any of the Kings Subjects or the price of any Victual Corn or Grain or any other things usual for the Sustenance or Apparel of Men and being required or commanded by any Iustice of the Peace or the Sheriff of the County or by any Mayor Bailiffs or Bailiff or other Head-Officer of any City or Town-Corporate where such Assembly shall be had by Proclamation to be made in the Kings Name to retire or return to their Habitations Places or Houses and they so required by such Proclamation shall not so do but after that shall in forcible manner in form aforesaid attempt to do or put in ure any of the things last above mentioned that then every of the same persons being above the number of two and under the number of twelve shall suffer Imprisonment of his or their bodies by the space of one year without Bail or Mainprise 1 Mar. 1. St. 2. Cap. 12. § 5. N. 1. § 7. N. 2. And shall make Fine and Ransom at the Kings Will and Pleasure Amercement § 7. N. 3. And also that if any person or persons at any time after the twelfth day of February shall be damnified or hurt by the doing Damages committing or putting in ure of any unlawful act or thing above mentioned that then all and singular persons so damnified or hurt shall recover and have Damages with the Costs of their Suit sustained in that behalf trebled against the Offenders therein 1 Mar. 1. St. 2. Cap. 12. § 6. N. 1. § 8. N. 1. And forasmuch as such evil disposed persons which of late time made Commotions and Rebellion in certain places within this Realm War being but few in number at such time as they did begin the same Commotion were not in short time after the beginning thereof suppressed by strength for that the Kings loving Subjects for fear to incur the danger of the Laws of this Realm durst not take upon them so to do a greater
â—â—â—r Provided always and be it Enacted by the Authority aforesaid § 9. N. 5. that after the death of every such Copy-holder Customary-holder or Farmer as so shall offend and forfeit any of their said Copy-holds Customary-holds or Farms as is aforesaid that then all and every such person and persons as should or ought to have had the said Copy-holds Customary-holds or Farms after or by the death of such Copy-holder Customary-holder or Farmer in case such Copy-holder Customary-holder or Farmer had not so offended ne forfeited shall and may have the same Copy-holds Customary-holds and Farms by Entry Action Admission or otherwise in like Manner Form and Condition and by such Ways and Means as they and every of them should might or ought to have had if no such Forfeiture or Offence had been had done or committed 1 Mar. 1. St. 2. Cap. 12. § 10. N. 1. § 10. N. 1. And furthermore it is Ordained and Enacted by the Authority aforesaid that if any person or persons after the said twelfth day of February Coron by open Word or Deed shall procure or stir any other person or persons to arise or make any Traiterous or Rebellious Assembly to the intent to do exercise or put in ure any of the things above mentioned that then every person so procuring moving or stirring any other shall therefore be deemed and adjudged a Felon and suffer pains of Death and forfeit his Goods Cattels Lands and Tenements as in Cases of Felony 1 Mar. 1. St 2. Cap. 12. § 19. N. 1. §. 10. N. 2. And shall also lose the Benefit of his Clergy and Sanctuary Clergy § 11. N. 1. And also be it further Enacted by the Authority aforesaid Imprisonment that if any person or persons which at any time after the same day shall be spoken unto moved or stirred to make any Commotion Insurrection or unlawful Assembly for any of the intents above mentioned and do not within twenty four hours next after he or they shall be so spoken unto moved or stirred unless he shall have a good and reasonable cause of excuse declare the same to one Iustice of Peace or Sheriff of the said County or to the Mayor Sheriffs Bailiff or Bailiffs or other head-Officer of any City or Town-Corporate where such speaking motion or stirring shall be had shall suffer Imprisonment until he shall be discharged by three Iustices of Peace of the same Shire where the Offence shall be whereof one of the said Iustices shall be of the Quorum 1 Mar. 1. Stat. 2. Cap. 12. § 11. N. 1. § 12. N. 1. And it is Ordained and Enacted by the Authority abovesaid Imprisonment that if any person or persons being above the age of eighteen years and under the age of forty years being able to serve and not sick lame or impotent shall be required by any Iustice of the Peace or any Sheriff of any County where any such Assembly shall be or by any Mayor Bailiff or other Head-Officer of any City Borough or Town-Corporate or by any other by the Commandment of any such Iustice of Peace Sheriff Mayor Bailiff or other Head-Officer to go with him or them to suppress the persons unlawfully assembled in manner and form aforesaid that then every person so being able and required do willingly and obstinately refuse so to do shall suffer Imprisonment of his Body for one year without Bail or Mainprize 1 Mar. 1. Stat. 2. Cap. 12. § 12. N. 1. § 12. N. 2. And make Fine and Ransom at the Kings Will and Pleasure Amercements § 13. N. 1. Provided always and be it Enacted by the Authority aforesaid that if the King shall by his Letters Patents make any Lieutenant in any Countiy or Counties of this Realm for the suppressing of any Commotion Rebellion or unlawful Assembly War that then all Iustices of Peace of every such County and the Sheriffs and Sheriff of the same as all Mayors Bailiffs and other Head-Officers and all Inhabitants and Subjects of any County City Borough or Town-Corporate within every such County shall upon the Declaration of the said Letters Patents and Request made be bound to give attendance upon the same Lieutenant to suppress any Commotion Rebellion or unlawful Assembly unless he or they being so required have any reasonable excuse for his not attendance upon pain of Imprisonment of one whole year 1 Mar. 1. St. 2. Cap. 12. § 13. N. 1. § 14. N. 1. And be it further Enacted by the Authority aforesaid Notice that the Order and Form of the Proclamations that shall be made by the Authority of this Act shall be as hereafter followeth or with the like order and words in effect that is to say the Iustice or other person Authorized by this Act to make the said Proclamation shall make or cause to be made in Oyes and after that shall openly pronounce or cause to be pronounced these words or the like in effect 1 Mar. 1. St. 2. Cap. 12. § 14. N. 1. Peace The King our Soveraign Lord § 14. N. 2. chargeth and commandeth all persons being assembled immediately to disperse themselves and peaceably to depart to their Habitations or to their lawful Business upon the Pains contained in the Act lately made against unlawful and rebellious Assemblies and God save the King 1 Mar. 1. St. 2. Cap. 12. § 14. N. 1. Forfeiture Provided always and be it Enacted by the Authority aforesaid § 15. N. 1. that if any person or persons do or shall molest let hinder or hurt any person or persons that shall proclaim or go to proclaim according to the Proclamation and Order made in the Statute aforesaid whereby such Proclamation shall not be made that then all and every such person and persons so molesting letting hindring or hurting and all and every such person and persons Offender or Offenders to whom any such Proclamation or Proclamations should or ought to be made to the intent aforesaid shall incur and be in like Danger and suffer like Pain or Pains and Forfeitures as aforesaid in every of their Degrees as though the Proclamation had been made any Clause Article or Sentence heretofore in this Act included made to the contrary notwithstanding 1 Mar. 1. St. 2. Cap. 12. § 15. N. 1. Days And be it Enacted by the Authority aforesaid § 15. N. 2. that this Act shall be openly read at every Quarter Sessions 1 Mar. 1. St. 2. Cap. 12. § 16. N. 1. Franchise Saving to the Bishop of Durham and Bishop of Ely § 15. N. 3. and all other that have Charter of the County Palatine and to their Successors the year day and waste in such sort as by the said Charter they had or ought to have had the same if this Act had never been had ne made this Act or any thing therein contained to the contrary notwithstanding 1 Mar. 1. St.
have done before the same as in the said Act more plainly appeareth § 1 N. 2. Sithence the making of which Act viz. 1 Ed. 6. 7. § 4. N. 1. Sheriffs divers persons being in the Commission of the Peace in one County have been made Sheriffs of the same County and have exercised either of the said Offices which seemeth not to be convenient § 2. N. 1. Wherefore be it Enacted Abatement c. that no manner of person or persons having using or exercising the Office of the Sheriff of any County or Counties shall use or exercise the Office of Iustice of Peace by force of any Commission or otherwise in any County or Counties where he or they shall be Sheriff during the time only that he or they shall use or exercise the said Office of Sheriff-wick any thing in the said former Act viz. 1 Ed. 6. 7. § 4. N. 1. to the contrary in any wise notwithstanding § 2. N. 2. And that all and every act and acts to be done by any such Sheriff and Sheriffs Sheriff by Authority of any Commission of the Peace during the time abovesaid shall be void and of none effect the said former Act viz. 1 Ed. 6. 7. § 4. N. 1. notwithstanding Cap. 12. Forasmuch as it is most necessary in a Common-wealth to provide that Tranquility and Peace may be continued in the Realm Peace and that all things being contrary thereunto may by foresight be eschued 3 4 Ed. 6. 5. § 1. N. 2. Therefore it is Ordained and Enacted Riot c. that if any persons to the number of twelve or above being assembled together at any time after the twentieth day of December next coming shall intend go about practice or put in ure with force of Arms unlawfully and of their own Authority to alter or change any Laws made or established by Authority of Parliament which shall stand in force after the said twentieth day of December or any other Laws or Statutes of this Realm or any of them the same number of twelve or above being commanded or requested by the Sheriff of the Shire or by any Iustice of Peace of the same Shire or by the Mayor Sheriff Iustices of Peace or Bailiff of any City Borough or Town-Corporate where any such Assembly shall be unlawfully had or made by Proclamation in the Queens Name to retire and repair to their own Houses Habitations or Places from whence they came and they or any of them notwithstanding such Proclamation shall remain and make their abode or commune together by the space of one whole hour after such Commandment or Request made by Proclamation or after that shall willingly in forcible and riotous manner attempt to do or put in ure any of the things above specified that then as well every such abode or continuing together as every such act or offence that after such Commandment or Request by Proclamation had or made shall be attempted to be done practised or put in ure by any persons being of the number aforesaid shall be adjudged Felony in all and singular those persons that so shall make their abode or continue together or shall attempt or commit any such act and the Offenders therein to be adjudged Felons and shall suffer only execution of Death as in Case of Felony 3 4 Ed. 6. 5. § 1. N. 2. Coron And furthermore it is Enacted § 2. N. 1. Ordained and Established by Authority aforesaid that if any persons to the said number of twelve or above after the said twentieth day of December shall intend go about practice or put in ure in manner and form aforesaid to overthrow cut break cast down or dig up the Pales Hedges Ditches or other Inclosure of any Parks Park or other Ground or Grounds inclosed or the Banks of any Fish-Pond or Pool or any Conduits of water Conduit-heads or Conduit-pipes having course of water to the intent that the same or any of them from henceforth should remain open and unclosed or void or unlawfully to have Common or Way in the said Parks or Park or other Grounds or Ground inclosed or any of them or to destroy in manner and form aforesaid the Deer of any manner of Parks or Park or any Warrens or Warren of Conies or any Dove-houses or any Fish in any Fish-Pond or Pool or to pull or cut down any Houses Barns Mills or Bays or to burn any Stacks of Corn or Grain or to abate defalk or diminish the Rents or yearly Value of any Mannors Lands or Tenements or the Price of any Victual Corn or Grain or any other thing usual for the Sustenance of Men and being required or commanded by any Iustice of Peace or by the Sheriff of the County or by the Mayor Bailiff or Bailiffs or other Head-Officers of any City or Town-Corporate where such Assembly shall be had by Proclamation to be made in the Queens Name to retire or return in Peaceable manner to their Habitations Places and Houses from whence they came and they or any of them notwithstanding such Proclamation shall remain or make their abode or continuance together by the space of one whole hour after such Commandment or Request made by Proclamation or after that shall in forcible manner do or put in ure any of the things last before mentioned that then as well every such abode and continuing together as every such act that after such Commandment or Request by Proclamation had or made shall be done practised or put in ure by any persons being above the number of twelve shall be adjudged Felony and the Offenders therein to be adjudged Felons and shall suffer only the Execution of Death as in Case of Felony 3 4 Ed. 6. 5. § 2. N. 1. c. Notice Provided always and be it Enacted c. that if any person or persons § 15. N. 1. do or shall molest let hinder or hurt any person or persons that shall proclaim or go to proclaim according to the Proclamation and Order made in the Statute aforesaid whereby such Proclamation shall not be made that then all and every such person and persons so molesting letting hindring or hurting and having knowledge of his Message shall incur and be in such Danger and suffer such Pain or Pains and Forfeitures as the persons assembled to whom the Proclamation should have been made should by this Act incur for not obeying the Proclamation if it had been made or for doing after the Proclamation of any the things before in this Act expressed 3 4 Ed. 6. 5. § 15. N. 1. § 15. N. 2. And that also all and every such person and persons being assembled to the number aforesaid to attempt or do any of the things aforesaid Forfeiture to whom Proclamation should or ought to have been made if the same had not been setted as is aforesaid shall likewise in case they do afterwards commit put in
ure and do any of the things aforesaid having any manner of ways knowledge of the let so made or by any means procuring the same let incur and be in danger and suffer like Pain or Pains and Forfeitures aforesaid in every their degrees as though the Proclamation had been made any Clause Article or Sentence heretofore in this Act encluded made to the contrary notwithstanding § 17. N. 1. Provided always and be it Enacted by the Authority aforesaid Heir that all and every the Heir and Heirs of all and every the Offender and Offenders in any the Cases aforesaid and all and every person and persons Bodies Politick and Corporate their Heirs Successors and Executors and every of them other than such person and persons only as shall be attainted convicted or outlawed of any the aforesaid Offences of Felony shall have hold and enjoy all such Right Title Entry Interest Leases Possession Rents Conditions Profits Commodities and Advantages as they or any of them have or hereafter shall have or of right ought to have in or to any Honors Castles Mannors Lands Tenements Woods Rents Reversions Services or Hereditaments whatsoever in or to any part or parcel thereof in as large and ample manner and form to all Intents Constructions and Purposes as if such Attainder had been had ne made any thing in this Act to the contrary in any wise notwithstanding § 21. N. 1. And be it further Enacted by the said Authority War that no Lieutenant or Lieutenants that shall be appointed or made by Authority or Colour of this Act or for to execute this Act shall in any wise make put or constitute under him or them or in his or their place any Deputy or Deputies nor shall call convent or appoint to appear before him or them by the only Authority of Lieutenancy or of Commission of Lieutenancy any person or persons for any Cause or Matter whatsoever save only for the Causes and Matters expressed in this present Act and for none other § 22. N. 1. And that no person or persons shall be put to any Loss Forfeiture Accessary Pain or Punishment of Life Lands or Goods as Accessary to any person or persons that shall commit any of the Offences contained in this present Act for receiving comforting or aiding of any such Offender after such Act committed or done § 22. N. 2. And that no Attainder or Conviction of any person or persons Heir for any Offence or Offences herein contained shall be any manner of Corruption of Blood between the Offender and any of his Ancesters or such person and persons as should have been Heir to such Offender if no such Attainder or Conviction had been had § 22. N. 3. Saving to all and every Person and Persons Franchise Body and Bodies Politick and Corporate and their Successors their Liberties and Franchises in such manner and form as if this Act had never been had ne made § 23. N. 1. And be it further Enacted by the said Authority that one Act viz. 3 4 Ed. 6. 5. c. and all and every Branch Clause Sentence and Article therein contained shall be from the twentieth day of December next coming utterly void and of no force to all Intents Constructions and Purposes § 23. N. 2. And this Act only to be put in Execution for and concerning the Offences mentioned in the said former Act viz. 3 4 Ed. 6. 5. § 23. N. 3. This Act to continue unto the end of the next Parliament 1 Mar. 1. Days St. 2. Cap. 12. 1 Eliz. 16. Statuta Ph. Mar. Riot BE it therefore Enacted c. viz. because good and beneficial that all 1 Mar. 1. St. 3. C. 12. § 12. N. 2. c. the said several Acts c. viz. 1 Mar 1. St. 2. Cap. 12. c. and all Clauses c. shall be revived c. until the last day of the next Parliament 1 2 Phil. Mar. Cap. 16. § 1. N. 15 Slander And be it also Enacted c. that all Iustices of Over and Terminer 1 2 Ph. Mar. Cap. 3. § 7. N. 1. c. Iustices of Assize c. Iustices of Goal-delivery and Iustices of Peace as well within the Liberties as without within the limits of their several Commissions in their several Sessions or other Sessions which they or two of them whereof one of them to be of the Quorum may and shall appoint at their pleasure where and when need shall require and shall by vertue hereof have full Power c. to inquire hear and determin all and every the Offences c. viz. of false News aforesaid as in Cases of Tryal of Felony Corn. And for the better Execution of this Act C. 5. § 6. N. 1. viz. against Transporting Wheat Barly Rye or other Corn Mault Beer Butter Cheese Herring Victual or Wood c. be it further Enacted c. that all and singular Iustices of the Peace as well within the Liberties as without within their several Authorities and Commissions at any time within three years next after such Offences committed shall have full Power and Authority to inquire as well by the Oaths of twelve lawful men as also to hear and examin the Master Masters and Mariners of the said Ships Crayers and other Vessells and all and every other person and persons of all and singular the Offenders against this present Act and to hear and determin the same Offences as they may and ought to hear and determin any other Trespasses or Offences Bail Where in the Parliament c. viz. 3 H. 7. Cap. 3. § 1 N 3. Cap. 13. it was amongst other things Ordained and Enacted that no Prisoner arrested for Felony should be letten to Bail or Mainprize by any one Iustice of Peace but by the whole Iustices or at least by two of them whereof one to be of the Quorum Justices Since the making of which Statute viz. 3 H. 7. Cap. 3. § 1. N. 3. § 1. N. 2. one Iustice of Peace in the name of himself and one other of the Iustices his Companion not making the said Iustice party nor privy unto the Case wherefore the Prisoner should be Bailed hath often times by sinister labor and means set at large the greatest and notablest Offenders such as be not replevisiable by the Laws of this Realm Certificate And yet the rather to hide their Affections in that behalf § 1. N. 3. have signified the Cause of their Apprehension to be but only for Suspition of Felony whereby the said Offenders have escaped unpunished and do daily to the high displeasure of Almighty God the great peril of the King and Queens true Subjects and encouragement of all Theives and Evil-Doers Joynder For Reformation whereof § 2. N. 1. be it Ordained and Enacted by the King and Queens Majesties the Lords Spiritual
and Temporal and the Commons in this present Parliament Assembled and by the Authority of the same that from and after the first day of April next coming no Iustice or Iustices of Peace shall let to Bail or Mainprize any such person or persons which for any Offence or Offences by them or any of them committed be declared not to be Replevised or Bailed or be forbidden to be replevised or Bailed by the Statute of Westminster 1 c. viz. 3 Ed. 1. Cap. 15. Coron And furthermore that any person or persons Arrested for Manslaughter or Felony § 3 N. 1 or Suspition of Manslaughter or Felony being Bailable by the Law shall not after the first day of April be let to Bail or Mainprize by any Iustices of Peace if it be not in open Sessions except it be by two Iustices of Peace at the least whereof one to be of the Quorum and the same Iustices to be present together at the time of the said Bailment or Mainprize § 3. N. 2. Which Bailment or Mainprize they shall certify in Writing Certificate subscribed or signed with their own Hands at the next general Goal-delivery to be holden within the County where the said person or persons shall be arrested or suspected § 4. N. 1. And that the said Iustices or one of them being of the Quorum Proof when any such Prisoner is brought before them for any Manslaughter or Felony before any Bailment or Mainprize shall take the Examination of the said Prisoner and Information of them that bring him of the Fact and Circumstances thereof and the same or as much thereof as shall be material to proove the Felony shall put in Writing before they make the same Bailment 2 3 Ph. Mar. Cap. 10. § 4. N. 2. Which said Examination together with the said Bailment Certificate the said Iustices shall certify at the next general Goal-delivery to be holden within the limits of their Commission 2 3 Ph. Mar. Cap. 10. § 1. N. 2. § 5. N. 1. And that every Coroner upon any Inquisition before him found whereby any person or persons shall be Indicted for Murder or Manslaughter Inquest or as Accessary or Accessaries to the same before the Murder or Manslaughter committed shall put in Writing the effect of the Evidence given to the Iury before him being material § 5. N. 2. And as well the said Iustices as the said Coroner Recognizance shall have Authority by this Act to bind all such by Recognizance or Obligation as do declare any thing material to proove the said Murder or Manslaughter Offences or Felonies or to be Accessary or Accessaries to the same as is aforesaid to appear at the next general Goal-delivery to be holden within the County City or Town-Corporate where the Tryal thereof shall be then and there to give Evidence against the Party so Indicted at the time of his Tryal 2 3 Ph. Mar. Cap. 10. § 2. N. 4. § 5. N. 3. And shall certify as well the same Evidence Certificate as such Bond or Bonds in Writing as he shall take together with the Inquisition or Indictment before him taken and found at or before the time of his said Tryal thereof to be had or made 2 3 Ph. Mar. Cap. 10. § 2. N. 5. § 5. N. 4 And likewise the said Iustices shall certify all and every such Bond taken before them Bail in like manner as before is said of Bailment and Examination § 5. N. 5. And in Case any Iustice of Peace of Quorum or Coroner Justices shall after the first day of April offend in any thing contrary to the true intent and meaning of this present Act that then the Iustices of Goal-delivery of the Shire City Town or Place where such Offence shall happen to be committed upon due Proof thereof by Examination before them shall for every such Offence set such Fine on every of the same Iustices of Peace and Coroner as the same Iustices of Goal-delivery shall think meet and estreat the same as other Fines and Amercements assessed before Iustices of Goal-delivery ought to be § 6. N. 1. Provided always Coporation and be it further Enacted by the Authority aforesaid that Iustices of Peace and Coroners within the City of London and the County of Middlesex and in other Cities Boroughs and Towns-Corporate within this Realm and Wales shall within their several Iurisdictions have Authority to let to Bail Felons and Prisoners in such manner and form as they have been heretofore accustomed this Act or any thing therin contained to the contrary notwithstanding § 6. N. 2. And also shall take Examinations and Bonds as is aforesaid Proof upon every Bailment by them or any of them to be made § 6. N. 3. And shall certify every such Bailments Certificate Bonds and Examinations by them or any of them taken or made at the next Goal-delivery to be holden within the Shire City Borough or Town where their several Iurisdictions extendeth upon like Pain and Forfeiture as is before limited in this present Act. § 7. N. 1 And be it also Enacted Certirorari c. that no Writs of Habeas Corpus or Certiorari shall be hereafter granted to remove any Prisoner out of any Goal or to remove any Recognizance except the same Writs be signed with the proper hands of the Chief Iustices or in his absense one of the Iustices of the Court out of which the same Writs shall be awarded or made Officer Vpon Pain § 7. N. 2. that he that writeth any such Writs not being signed as is aforesaid to forfeit to our Soveraign Lord the King and the Queen for every such Writs five pounds Riot Be it therefore Enacted c. viz. because good and beneficial that all C. 16. N. 15. c the several Acts c. viz. 1 Mar. 1. St. 2. Cap. 12. c. of Riots and all Clauses c. shall be revived c. until the last day of the next Parliament 2 3 Ph. Mar Cap. 21. § 10. N. 2. Husbandry The one half of which said Forfeitures viz. twenty shillings a month 2 3 Ph. Mar. Cap. 3. § 3 N. 2◠that one Cow is not kept for every threescore Shere-sheep and one Calf for every six score shall be to the use of c. the King and Queens Majesties and the other half to the use of the Party that within one year after the Offence committed will sue for the same in any c. Courts of Record or before the Iustices of Peace in the same Shire where any such Cause of Forfeiture shall be had at the general Sessions who by Authority of this Act shall have Power to hear and determine the said Offences by Bill Information Presentment Action of Debt or Detinue in which Action or Suit no
if any such there be or otherwise by two Iustices of Peace for the time being of the respective Counties where the said Cities c. are § 11. N. 1. And be it likewise Enacted c. that the said Commissioners Oath Iustices of the Peace and other persons hereby authorized to administer the said Oaths and tender the said Declaration respectively shall cause Memorandums or Entries to be made of all Oaths taken before them and subscriptions made as aforesaid and deliver the same once in a Year to the respective Town-Clerks or other Register or Clerk of the said respective Cities c. who shall cause the same to be fairly Entred into the Books or Registries belonging to the said respective Cities c. Religion And it is Ordained c. that all and every Iustice of Oyer and Terminer 13 14 Car. 2. C. 1. § 3. N. 1. Iustices of Assize and Goal-delivery and the Iustices of the Peace shall have full Power and Authority in every of their open and General Sessions to Inquire Hear and Determine all and every the said Offences viz. of Quakers refusing Oath lawfully tendered or assembling above Five for Religious Worship c. within the limits of their Commission to them Directed and to make Process for the Execution of the same as they may do against any Person being Indicted before them of Trespass or lawfully Convicted thereof Imprisonment And be it also Enacted That it shall and may be lawful to and for any Iustice of Peace Mayor or other Chief Officer of any Corporation § 4. N. 1. within their several Iurisdictions to Committ to the Common Goal or bind over with sufficient Sureties to the Quarter-Sessions any Person c. offending in the Premises in order to his or their Conviction aforesaid Wayes And for the more spéedy reformation C. 2 § 24. N. 1. c. viz. of Paving the Streets hanging out Lights carrying away Dust and Hackney-Coaches c. Be it further Enacted c. That every one of his Majesties Iustices of either Bench and Barons of the Exchequer and every Iustice of Peace of the said Cities of London and Westminster c. within their several Limits respectively shall have Power and Authority upon his own Knowledge or View confession of the Party or proof of one credible Witness upon Oath before him which Oath by vertue of this Act such Iustice shall have Power to Administer to Convict any Person or Persons of any the Offences aforesaid whereby such Person or Persons so Convict shall Incur the Penalties and Forfeitures aforesaid one Moiety whereof shall be disposed and imployed for and towards the Reparation Paving and cleansing of the Stréets or Place where the Offence shall be Committed and as much or all of the other Moiety as the Iustices shall think fit for him or them that shall discover and prosecute the same in case the said Conviction be by such Discovery and Prosecution Process And if the Conviction be by the View or Knowledge of such Iustices N. 2. then the said whole Penalty to go and be Imployed for and towards the Repairing Paving and Cleansing of the said Stréet or Place shall be Levied by Distress and Sale of the Goods and Chattels of the Offender by Warrant under the Hand and Seal of any such Iustice to be directed to the Constable or any other Officer of the same Parish rendring the overplus to the Party and in default of Distress or not payment of the said Penalties within six dayes after demand thereof or notice in Writing left at the House or Dwelling place of the Offender by the said Constable or any other Officer the said Offender not being a Peer of this Realm shall be committed to the Common Goal of the said County or City respectively by the Warrant of any such Iustice under his Hand and Seal there to remain without Bail or Mainprise until payment Taxes And be it further Enacted § 26. N. 1. c. That within Twenty dayes after the Election and Confirmation of the said Scavengers c. the Constables Church-wardens and Overseers for the Poor and of the High-wayes of the said Parishes and Places respectively or the greater number of them giving notice unto or calling together such Inhabitants of their respective Parishes as have formerly born the like Office therein they or the greater number of them then present shall make and settle a Tax Rate or Assessment according to a pound rate to be imposed or set upon the Inhabitants of the said Parish Ward or Division for the Year following for the purposes aforesaid which being allowed and confirmed by any two of the Iustices of the Peace of the Places aforesaid respectively shall be Quarterly paid by every respective Inhabitant upon demand made thereof by the Beadle of the Parish or other Officer appointed to Gather and Collect the same Process And in case of refusal or neglect N. 2. shall by Warrant of any two Iustices of the Peace under their Hands and Seals be levyed by Distress and Sale of the Offenders Goods and for want of Distress by Imprisonment of the Offender c. War And the said Account so to be taken viz. by the Lieutenants C. 3. § 12. N. 2. c. of the Militia of the Treasurers Receivers c. shall be forthwith certified to the Lords of His Majesties most Honourable Privy Council and a Duplicate thereof shall be Certified to the Iustices of Peace at the next General Quarter Sessions § 19. N. 2. Which Oathes viz. of Allegiance and Supremacy Oaths and against taking Arms against the King c. any one Iustice of Peace of the respective Counties and Places aforesaid is Enabled to Administer to such respective Lieutenant viz. of the County before he act in Militia c. as is not a Peer of this Realm and the said Lieutenant or any one Iustice of the Peace of the respective Counties and Places aforesaid is Enabled to Administer to the respective Deputy-Lieutenants not being Péers c. C. 4. § 7. N. 2. Viz. Parson having Curate shall in Person read Common Prayers Religion c. upon pain to forfeit the Sum of Five Pounds to the use oft he Poor of the Parish for every Offence upon Conviction by Confession or Proof of two credible Witnesses upon Oath before two Iustices of the Peace of the County City or Town Corporate where the Offence shall be committed which Oath the said Iustices are hereby Impowered to Administer and in default of payment within ten dayes to be levied by Distress and Sale c. by the Warrant of the said Iustices c. § 21 N. 1. And that any two Iustices of the Peace of any County of this Kingdom Imprisonment c. and the Mayor or other Chief Magistrate of any City or Town Corporate within the same upon Certificate from the Ordinary of
Artists viz. Gagers Measures c. shall be appointed c. which c. shall take an Oath which Oath any one Iustice hath hereby power to administer to take and compute the Iust Contents and Gage of all Coppers Fatts Tuns Backs and Corters and all other Brewing Vessels of that nature c. § 8. N. 1. And be it further Enacted that no Commissioner Farmer or sub-Commissioner for the Excise or Common Brewer of Ale or Beer to sell Justice or Inn-keeper whatsoever shall c. have power to act in or execute as a Iustice of Peace any of the Powers Clauses or things contained in any of the Laws made for and concerning the Excise or in this present Act and if any c. shall presume to act or Execute any thing contrary hereunto it is hereby further declared that all such things so acted or executed by any of them are and shall be utterly void and null to all intents and purposes §. 15. N. 1. And be it further Enacted c. that c. no Person or Persons shall be permitted to Sell of Retail any Coffée Chocolet Sherbet or Tea License without License first obtained and had by order of the General Sessions of the Peace in the several respective Counties Certificate being first shewed that they have given good Security for the due payment of their dues to the King or the Chief Magistrate of the Place in whose Iurisdiction he or they do or shall Inhabit or Dwell for the selling or retailing of the same § 16. N. 3. All and every of which said respective Offences viz. of Bribery of Gagers or other Officers of Excise shall be proved by the Oaths of two Lawful and Credible Witnesses before two Iustices of the Peace or chief Magistrate of the Place where such Offence shall be Committed Proof which said Iustices or Magistrates respectively have hereby power to administer the said Oaths and also to examine adjudge and determine the same and to cause such Penalties by Warrants under their Hands and Seals to be levied by Distress and Sale of the Offenders goods rendring to the Party the overplus and for want of such Distress to commit every such Offender to the Common Goal of such County or Place there to remain by the space of thrée months without Bail or Mainprise § 19. N. 1. Provided also and be it further Enacted Error c. That no appeal in any Cause of Excise whatsoever shall be admitted until the party appellant shall have first deposited and laid down the single duty of Excise in the Hands of the Commissioners Farmers or sub-Commissioners of Excise within whose Iurisdiction or Division the said Cause was originally heard and determined and have given Security to the Commissioners of the appeal or Iustice of Peace respectively where such Cause is to be finally adjudged for all such Fine Forfeiture and Penalty as upon such hearing and determination was adjudged against him N. 2. And that if upon the hearing and determining of any such appeal Costs the said original Iudgment shall happen to be reversed and made null then and in every such Case the said Commissioners Farmers or Sub-Commissioners of Excise in whose hands the said single duty of Excise was deposited shall restore and deliver back the same or as much thereof as shall be adjudged by the Commissioners of Appeals or Iustices of the Peace respectively to the said appellant and the Party originally prosecuted shall pay him the double Costs Lieu. Provided also and be it Enacted That all Differences § 22. N. 1. Appeals and Complaints that shall happen and arise betwéen party and party in order to the payment of the duty of Excise shall be heard and determined in the proper County or in the several Ridings and Divisions of York-shire and Lincoln-shire where they shall arise and not elsewhere Justices And be it further Enacted § 24. N. 1. c. That the Iustices of the Peace or any two or more of them or Chief Magistrates in the several Counties Cities Divisions and Places within England and Wales respectively shall meet once in every month in there respective Divisions or oftner if their shall be occasion to hear and determine and to adjudge all matters and offences against this or the aforesaid Acts viz. 12 Car. 2. Cap. 23. 24. Taxes Be it therefore Enacted C. 13. § 1. N. 2. c. viz. against obstructions of 13. 14. Car. 2. 10. That the Iustices of Peace of the respective Counties Corporations Places and Limits within their respective Iurisdictions at the next Sessions to be held after the Feast of St. Michael the Archangel next ensuing or the major part of them then present shall Issue out Warrants under their Hands and Seals to the respective High Constables or other like next Officer who shall Issue the like Warrants unto the petty Constables Headboroughs and Tythingmen requiring them on the next Sunday after Morning Service ended to give publick notice in the Church or Chappel Generally to all the Inhabitants and also to give notice publickly in the Church and particularly as aforesaid to every Inhabitant within their respective Precincts that shall then be occupier of any House Edifice Lodging or Chamber that within ten dayes next after such notice he give a true and just Account in writing under his Hand of all Hearths and Stoves in such respective House Edifice Lodging and Chamber to such respective Constable Headborough and Tythingman Certificate Which viz. the Account of Hearths taken and received by Petty Constable N. 5. Headborough and Tythingman being so received by such respective High Constable or other like Officer as aforesaid and compared together shall within six dayes after such receipt be transmitted to the two next respective Iustices of the Peace who are hereby Impowered to examine the said respective High Constable or other like Officer as aforesaid Petty-Constable Headborough or Tything-man upon Oath concerning the truth and faithfulness of their Actings in the Premisses which being done the said Iustices shall within ten dayes after such Examination sign and transmit the said Book and Roll together with the said original Accounts so endorsed as aforesaid and filed together unto the respective Clerk of the Peace who shall within Twenty dayes next after the receipt thereof engross the said Book or Roll in Parchment to be still kept in the respective County and Places aforesaid and shall also within two months engross in Parchment a true Duplicate of the said Book or Roll which being signed by him and by two Iustices of the Peace at least of the respective County and Places aforesaid shall be transmitted within one month after such Engrossment into his Majesties Court of Exchequer Alien And all Forreigners that shall really and bona fide set up and use any of the Trades and Manufactures aforesaid viz. Weaving C. 15. § 3. N. 1.
the Offence knowing thereof is holden to be Treason 3 H. 7 10. Treason Br. 19. per Hussey Ch. J. so Boult J. P. cap. 24. pag. 103. XIX Terms del ley verbo Accessary Statutes that Accessary by the Statute is such a one that Abetteth Counselleth or Relieveth any Man which commiteth or hath commited any Offence made Felony by Statute for although the Statute doth not make mention of Accessaries Abettors c. yet they are included by the interpretation of the said Statute Stamf. 42. Lamb. 282. and 3. Inst 61. 62. XX. Cromp. J. P. fol. 42. § 13. see Lamb. 283. that Justice Dalison said Statutes that 3. and 4. Ph. and Mar. it was held by the Court in B. R. that an Accessary shall be to an Offence of Felony given by Statute though it be not so limmitted by the said Statute as an Accessory shall be to a Felony by the Common-Law and Stamf. 44. accords and 19 H. 8. 47. accords in case of Counterfeiting of the Kings Seal or Money c. And so it shall be of Tryal by Peers where a new Statute makes Treason c. XXI Dalt J. P. cap. 108. pag. 284. Note also when a Statute maketh an Act to be Treason or Felony Intendment which was not so before by the Common-Law and yet the Statute saith not that the Abettors Aiders Comforters or Consenters to the doing thereof shall be also Felons yet it shall be Felony in them for that they were the causes of the doing or committing of the Offence which it may be otherwise had not been commited Lamb. 279. 280. 19 H. 6. 47. and 11 H 4. 13. Coron 228. and so it seemeth of Recievers c. after the Offence Lamb. 281. For where a Statute maketh any thing Felony it is made as Felony to all Intents and purposes Exposition XXII Poult de pace 145. § 28. Note that in all the cases aforesaid on viz. 8. H. 6. 12. and 1. Mar. 1. St. 2. cap. 12. and 1. Jac. 12. of Conjuration and 3. H. 7. 2. touching Offencess made Felony by Statute the Aiders Abettors and Councellors be made Principals by the Special words of the same Statute and not Accessaries to the same Felonies Fresh Suit XXIII Dalt 288. cap. 209. If the party Robbed or if he that shall have any Goods Stoln from him after complaint made by him of the Felony to the Justice of Peace or to the Constable shall then take his Goods again or otherwise be compounded withal and will not prosecute this matter against the Felon any further but will suffer him to escape after he was once so charged and perhaps Arrested for the same Quaere If this makes not him an Accessary Agreement XXIV Crompt 41. § 7. A man sayeth to me that he will Kill another and I say I am content Quaere If this makes me Accessary if he Kill him for it is a sufferance in me and no Commandment c. 21 H. 7. 35. Distor Br. 15. 39. 38. Ed. 3. 18. Tresp Br. 113. Indictment XXV Lamb. 4. cap. 5. 492. Neither is it good in an Indictment against an Accessary to say that he received the Goods without telling that he received the Felon 27. Ass 69. 9 H. 8. 41. and 25 Ed. 3. 39. nor to say that he scienter Felonem Domini Regis apud Arecepit without shewing what Felony he committed 7 H. 8. 65. nor without telling that he knowing it received him Feloniously 7 A. 8. 42. unless he receives one that is Attainted of Felony in the same County for then he must at his Peril take knowledge of the Attainder 8 Ed. 4. 3. but Quaere Crompt 108. § 1. 2. 3. Joynder XXVI Lamb. pred 10. pl. 27. An Indictment against the Stealer of a Horse and his Accessary after Kanc. ss Juratores pro Dom. Rege super Sacramentum suum presentant quod A. B. nuper de C. in dicto Com. Gelder XXIX die Aug. Anno dicti Dom. Nostri Regis c. quoddam Stabulum in Domo mansionali Cujusdam J. S. infra Parochiam de C. predict in Com. predict existens fregit intravit unum Equum spadonem Anglice vocat a Guelding Coloris Albi pretii XXX s de bonis Catalis ipsius l. ibidem existentes inventos Felonice cepit abduxit contra pacem dicti Dom. Regis Coronam Dignitatem suas Ed quod K. H nuper de C. predicta in Com. predicto Horse-Courser sciens prefatum A. B. Feloni preamdictam apud C. predict modo firma predictis fecesse perpetrasse eundem tamen A. B. apud C. in Com. predicto XXX die dict mensis Aug. Anno supradict Felonice recepit hospitio accepit post Feloniam predictam sic per ipsum A. B. ut preferter facta Commission contra pacem dicti Dom. Regi nostri nunc contra Coronam Dignitatem West suas Sy. mt 2. part 130. Sect. 204. Joynder XXVII Lamb. Prisidents 10. pl. 29. An Indictment against the Stealer of Cow and his Accessary before Kanc. ss Juratores pro Dom. Rege c. presentant quod A. B. de C. in dicto com Shoemaker primo die July Anno Regni Dom. nostri c. Regis c. in quodam loco infra parochiam de C. predict si com predict vocat the Cow Pasture vi Armis Clausum Cujusdam I. S. de D. in com predict yeoman fregit entravit quandam Vaccam coloris Nigri pretii X l. s bonis Catallis predicti I. S. tunc ibidem existent invent Felonice cepit furatus est abduxit contra pacem dicti Dom. Regis nunc Coronam Dignitatem suas Et quod quidem G. H. de C. predict in dicto com Butcher ante Feloniam predictam scilicet eodem primo die July Anno supra dicto eundem R. apud C. predict in com predicto ad Feloniam predict faciendum perpetrandum malitiose Felonice excitavit persuasit procuravit contra pacem dicti Dom. Regis Corronam Dignitatem suam West Symt 2 part 130. § 206. XXVIII Crompt J. P. 245. pl. 41. And Indictment pro Incendio Domus Coron with an Accessary before and after Inquiratur pro Dom. Rege si W. S. nuper de O. in com predict Smyth Staff ss XII die Octob. Anno Regni Regis c. circa horam XII in nocte Ejusdem diei vi Armis viz. Gladiis c. apud S. in com predict ad domum mansionalem cujusdem I. C. simul cum aliis venebat ea intentione ad spoliandum dict I. C. de bonis Catallis suis in eadem domo tunc existentes si idem in nuper tecturam ejusdem domus vulgariter nuncupat the Covering of the House ad tunc ibidem cum una scula ascendebat seandebat ea intentione pertecturam predict ad intrandum ingrediendum in domum illam Ac
Dalt 175. 176. cap. 71. LXVI Lamb. 110. And so if it be versus cunctum populum precipuè versus A. yet may A. after that sort release it as the Law is now practiced in our time clear against the opinion of 21 Ed. 4. 40. for albeit that it seem popular so that all others should have equal Interest with A. in it yet was it taken specially say they for his safety as the word precipuè doth argue plain and peace Br. 17. saith truly that it was used at that time also Crumpt 142. b. Dalt 174. cap. 71. 176. cap. 71. LXVII Lamb. 111. But since the Recognizance is made to the King and not to the Party though for his Security and seeing also that by such release he that ought to remain bounden shall be at Liberty and may do harm whilst intending to beat B. he may contend with A. both to pray and Pardon the Recognizance for the Peace I could for my part like better to maintain that old then to Imitate this new Opinion Dalt 176. cap. 71. LXVIII Lamb. 111. And now whether the recognizance be at the Suit of A. or by the meer motion of the Justice in the behalf of A. the King cannot Release or Pardon it before that it be forfeited both for the mischief that may come to A. thereby by the opinion of Fineux 11. H. 7. 12. and for that the Recognizance being taken according to the common Form as is before set down It is not properly a Debt to the King until it be forfeited as appeareth 11 H. 4. 43. 1 H. 7. 10. But being once forfeited then he and none other may pardon the Forfeiture for then it is become proper Debt unto him Dalt 177. cap. 71. LXIX Lamb. 111 112. Now in these Cases the Recognizance may not be Cancelled lest peradventure the Peace was broken and consequently the Recognizance forfeit before the time of the Release made Fitzh 10. and therefore Crumpt 140. b. 141. a. It shall be best in such Cases to send to the Sessions the Recognizance and the Release together and that may be done in a few Lines under the Recognizance it self Crumpt 139. b. § 16. For the Release of a Justice thus EGo prefat ' T. W. Miles qui supra nominat ' A. B. ad predict ' securitat ' pacis inveniend ' ex mea Discretione compuli eandem securitatem pacis quantum in me est ex mea discretione 1 Die August ' Anno c. remisi relaxavi In cujus rei testimonium huic presenti relaxationi meoe sigillum meum apposui Dat' c. Dalt 390. cap. 128. And for the Release of the Party before the same Justice that took it thus MEmorand ' quod primo die Augusti Anno c. prefatus C. D. venit coram me S. L. Gratis remisit relaxavit quantum in se est predictam securitatem pacis per ipsum coram me versus supra nominatum A. B. petitum In cujus rei testimonium ego prefat ' S. L. c. Dat' c. But if the Release be made as some think it may before another Justice of the Peace which hath not the Recognizance then this latter form must be framed accordingly Dalt 390. cap. 128. LXX Dalt 390. cap. 128. These two former Releases are to be written under the Recognizance it self and if the Justice shall only Subscribe his Name to the Release without his Seal it is well enough especially where the Recognizance is without Seal Or the Release of the Party may be by it self thus C. MEmorand ' quod C. D. de S. in Com' predict ' Yeoman 1 Die August ' Anno c. venit coram me J. B. Armig ' uno Justiciar ' dicti Domini Regis ad pacem in Com' predict ' conservand ' assignat ' apud W. in Com' predict ' ibidem remisit gratis relaxavit R. W. de S. in Com' predict ' Laborer securitatem pacis per ipsum C. D. versus dictum R. W. coram me petitum Dat' Die Anno supradict ' And if the Release be made before another Justice which took not or hath not the Recognizance it may be thus C. MEmorand ' quod A. B. de C. in Com' predict ' Yeoman 1 Die c. Anno c. venit coram me R. H. Armig ' uno Justiciar ' dicti Domini Regis ad pacem in Com' predict ' conservand ' assignat ' apud W. in Com' predict ' securitatem pacis quam habet versus J. S. de c. penitus remisit relaxavit dat' Die Anno supradictis Supersedeas LXXI Lamb. 112 113. Furthermore if a man be bound before a Justice of the Peace to keep the Peace against all the Kings People and to appear at the next Quarter Sessions and do afterwards procure a Supersedeas out of the Chancery testifying that he hath found Surety there against all the Kings People forever this will discharge his Appearance at the Sessions because the granting of this Supersedeas is the act of the King which is the Fountain of Justice and Controleth all other derived Authorities Fitzh 9. Crumpt 139. § 12. 141. b. LXXII Lamb. 113. But if that Supersedeas should testifie that he hath found Surety in the Chancery only until a certain day which day is after those Sessions then Mr. Fitz-herbert thinketh that his Appearance at the Sessions shall not be discharged by the Supersedeas Crumpt 139. § 13. In both these Cases also I would advise the Justice of Peace to send in as well the Recognizance as the Supersedeas if it come to his Hands for peradventure the Recognizance was broken before the Supersedeas purchased or if it were not yet he shall not be excused and the Recognizor never a whit the more endangered thereby LXXIII Lamb. 113 114. Abatement Lastly the death of the King dischargeth the Recognizance of the Peace 1 H. 7. 2. per Curiam so doth the death of the Recognisor and so also doth the death of him at whose suit it was taken if so be that it were made to keep the Peace against him alone Crumpt 140. b. But although the Mainpervors or Sureties dye yet the Recognizance liveth for if the Peace be broken after their deaths their Executors shall be charged with it 21 Ed. 4 40. Crumpt 142. b. Neither in the former Cases is the Recognizance discharged by such death if it were forfeited before and therefore here again my Counsel is to send in the Recognizance to the Custos Rotulorum for otherwise how shall the Justice of Peace be assured that he doth not defraud the King of a forfeiture that was grown unto him Crumpt 141. b. Dalt 177. cap. 71. LXXIV Lamb. 115. Menace If a Man be bound to keep the Peace against A. and do afterwards threaten A. to his face that he will beat him he hath forfeited his Recognizance And an Action of Trespass lieth at the
11 H. 7. 2. § 1. N. 10. And that the Lord of every Leet within this Realm and the Sheriff in his Tourn Leet have Authority to enquire thereof in his Leet and Tourn and the Lord of the Leet to have for every default found as is abovesaid 1 s. 8 d. and the Sheriff to enquire in his Tourn of such escapes within the Jurisdiction of his own and to have 1 s. 8 d. for every such default found in his Tourn 19 H. 7. 12. § 1. N. 11. XXV 11 H. 7. 2. § 1. N. 11. And that the penalty limited by this Ordinance be forfeited by any Officer or any other person Forfeiture for non punishment of Vagabonds and other misruled persons within every City where Mayor and Aldermen be that the profit of every such penalty be unto the Alderman of that Ward where such forfeiture is had or made to his own profit 19 H. 7. 12. § 1. N. 12. XXVI 11 H. 7. 2. § 1. N. 12. And also it is ordained and enacted Distress c. that it shall be lawful to every man intituled to have the penalty to distrain for it in like wise as the Lord of any Leet may do for Amerciaments and Fines had and assessed in the same Leet 19 H. 7. 12. § 1 N. 13. Women XXVII 11 H. 7. 2. § 1. N 14. Provided always that deminution of punishment of Vagabonds and Beggars aforesaid may and shall be had for women great with Child and men and women in extream Sickness by him that hath authority to do the said punishment 19 H. 7. 12. § 1. N. 17. Alen. XXVIII 22 H. 8. 10. For as much as before this time divers and many outlandish people calling themselves Aegyptians using no Craft nor Feat of Merchandise have come into this Realm and gone from Shire to Shire and place to place in great Company and used great subtlety and crafty means to decline the people bearing them in hand that they by Palmestry could tell Mens and Womens fortunes and so many times by Craft and Subtlety have deceived the people of their mony and also have committed many and hainous Felonies and Robberies to the great hurt and deceit of the people that they have come among 1 2 Ph. Mar. 4. Forfeiture XXIX 22 H. 8. 10 § 2. N. 1. Be it therefore c. ordained c. that from henceforth no such person be suffered to come within this the Kings Realm and if they do then they and every of them so doing shall forfeit to the King c. all their Goods and Chattels and then to be commanded to avoid the Realm within fifteen dayes next after the commandment upon pain of imprisonment 39 Eliz. 3. § N. Lamb. 437. Seisure XXX 22 H. 8. 10. § 2. N. 2. And it shall be lawful to every Sheriff Justice of Peace and Escheator to seize to the use of our Sovereign Lord his Heirs and Successors all such goods as they or any of them shall have and thereof to make account to our said Sovereign Lord in his Exchequer Enquest XXXI 22 H. 8. 10. § 2. N. 3. And if it shall happen any such Stranger hereafter to commit within this Realm any Muder Robbery or any other Felony and thereof be Indicted and Arraigned and to plead not Guilty or any other plea tryable by the County that then the Enquest that shall pass between the King and any such party shall be altogether of English-men albeit that the party so indicted pray medietatem Linguae according to the Statute Anno 8 H. 6. viz. 8 H. 6. 29. § N. or of any other Statute thereof made Exile XXXII 22 H. 8. 10. § 3. N. 1. Provided always that the Aegyptians now being in this Realm have monition to depart within sixteen dayes after Proclamation of this Statue amongst them shall be made upon pain of Imprisonment and forfeiture of their goods and Chattels and if they then so depart that then they shall not forfeit their Goods nor any part thereof this present Statute notwithstanding Restitution XXXIII 22 H. 8. 10. § 4. N. 1. Provided always that every such person or persons which can prove by two Credible persons before the same party that seizeth such Mony Goods or Chattels of the same Aegyptians that any part of the same Goods Mony or Chattles were craftily or Feloniously taken or stolen from him shall be incontinently restored unto the same Goods Mony or Chattels whereof he maketh such proof before the same party that so seizeth the same Mony Goods or Chattels upon pain to forfeit to the same party that maketh such proof the double value of the same by action of debt bill or otherwise in any of the Kings Courts to be sued upon which action and suit he shall not be admitted to wage his Law nor any protection or Essoin to be allowed any thing in this Act to the Contrary notwithstanding Seisures XXXIV 22 H. 8. 10. § 5. N. 1. Provided always and be it further Enacted that if any Justice of Peace Sheriff or Escheator which by Authority of this Act have power to take or seize any Goods or Chattells of any Aegyptians at any time hereafter do seize or take the Goods or Chattels of any such Aegyptians that then every such Justice Sheriff or Escheator doing the same shall have keep and retain to his own use the moity of all such Goods so by him seized and of the other moity so by him taken or seized shall make answer and accompt to the King in his Exchequer according to the tenor of this present act any thing in the same act contained to the contrary hereof notwithstanding and that upon any account hereafter to be made for the said other moity of the same Goods the accountant shall pay no manner of fees or other charges for his account or discharge to be had in the Kings Exchequer nor elsewhere XXXV Lambert 2 Cap. 7. pag. 195. 196. Seisure Every Justice of the Peace may within one month after the arrival seize all the Goods of any Outlandish persons calling themselves Aegyptians that shall come into this Realm and may also keep the one moity thereof to his own use making account to the King in the Exchequer for the other moity And every person that can prove by two Credible Witnessess before him that so seizeth that any of those Goods were craftily or feloniously taken from him shall be incontinently restored thereto before the party that so seizeth them upon pain of the double value thereof to be forfeited to such Prover 22 H. 8. 10. § But note that after the Month the offence is made Felony and then it seemeth the King is to have the Goods wholly 1 2 Ph. Mar. 4. § N. XXXVI Lambert 364. 365. And every Justice of the Peace is allowed to retain to his owe use the one moity of all strangers Goods Seisure
Liberty shall have full power and authority as well to hear and determine every such default by presentment as by such bill of Information and upon every presentment afore them and upon every such Bill of Information to make proces by distress against the Inhabitants of every such Town and Parish where any default shall be presented or supposed by any such Information Distress LX. 22 H. 8. 12. § 5. N. 2. By Authority of which distress the Sheriff or other Officer to whom by the Law such distress shall be made shall distrain the Goods and Chattels of such one or two of the said Inhabitants as he may have knowledge were most negligent and in default in the Execution of this Act and the said distress retain till they find surety to appear at the Sessions limited in the said distress LXI 22 H. 8. 12. § 5. N. 3. And in case they appear and Confess the default or else if they traverse the Presentment Americament and it be tryed against them by Verdict or deny the Information and it be proved against them by sufficient Witnesses then the said Justices of Peace in their Sessions shall have Authority to assesse the Fines as been above limited after the rates abovesaid and to make process for the leving of the same by distress of the Inhabitants of such Towns or Parishes where such default shall be tryed or proved LXII 22 H. 8. 12. § 5. N. 4. And that Every such fine Fines if it grow by presentment to be only to the Kings use and if it grow by Information then the moity thereof to be to him that persueth the Information for the same and the other moity thereof to the Kings use as is aforesaid LXIII 22 H. 8. 12. § 5. N. 5. And if any such person Issues or persons distrained appear not at the day and place contained in such distress then upon the return of the Sheriff or other Officers to whom the distress was delivered to execute that such person or persons were distrained then every such person c. so destrained at the first distress shall lose 3 s. 4 d. and at the second 6 s. 8 d. and so to be doubled upon every distress in such cases to be awarded till appearance may be had by one of the Inhabitants of such Town or Parish to deny traverse or Confess the Presentment or Information exhibited against any such Town or Parish to the intent that upon tryal or proof thereof the Fines above limited may be assessed and levyed of the Inhabitants of every such Town or Parish as is above rehearsed LXIV 22 H. 8. 12. § 6. N. 1. And be it enacted Scholars c. That Scholars of the Universities of Oxford and Cambridge that go about Begging not being Authorised under the Seal of the said Universities by the Commissary Chancellor or Vice-Chancellor of the same and all and singular the men pretending losses of their Ships and Goods of the Sea going about the Country begging without sufficent authority witnessing the same shall be punished and ordered in manner and form as is above rehearsed of strong Beggars LXV 22 H. 8 12. § 6. N. 2. Vagrants And that all Proctors and Pardoners going about in the Country c. without sufficent Authority and all other idle persons going about in any Country or abiding in any City Borough or Town some of them using divers and subtile Crafts and unlawful Games and Plays and some of them feigning themselves to have knowledge in Physick Phisnomy Palmistry or other crafty sciences whereby they bear the people in hand that they can tell their Destinies Deceases and Fortunes and such other like fantastical imaginations to the great discredit of the Kings subjects shall upon examination had before two Justices of the Peace whereof the one shall be of the Quorum if he by probable Witness be found Guilty of any such deceits be punished by whipping at two days together after the manner before rehearsed 14 Eliz. 5. § 5. N. 3. LXVI 22 H. 8. 12. § 6. N. 3. And if he Eftsoons offend in the said offence or any like offence to be scourged two days Pain and the third day to be put upon the Pillory from 9 of the Clock till a 11 before noon of the same day and to have one of his ears Cut off LXVII 22 H. 8. 12. § 6. N. 4. And if he offend the third time Pain to have like punishment with whipping standing on the Pillory and to have his other ear cut off LXVIII 22 H. 8. 12. § 6. N. 5. And that Justices of the Peace Franchis have like Authority in every Liberty and Franchis within their Shires where they be Justices of Peace for the Execution of this Act in every part thereof as they shall have without the Liberty or Franchis Notice LXIX 22 H. 8. 12. § 7. N. 1. And it is further Enacted that this Act shall yearly be read in the open Sessions to the intent that the said Estatute shall be the more feared and the better put in Execution Charity LXX 22 H. 8. 12. § 8. N. 1. And further more be it Enacted that if any person or persons at any time hereafter give any Harbor Mony or Lodging to any Beggers being strong and able in their bodies to work which order themselves Contrary to the form of this Estatute that every such person so doing being sufficiently proved or presented afore any Justices of the Peace shall make such fine to the King as by the discretion of the said Justices of Peace at their general Sessions shall be assessed Proces LXXI 22 H. 8. 12. § 8. N. 2. And if any person c. do disturbe or let the Execution of this Act in any manner wise or make rescous against any Mayor Sheriff Baliff or other person that shall endeavour himself for the due Execution thereof it s then enacted that every such person c. for every such offence doing shall lose and forfeit 100 s. and over that to have imprisonment at the Kings will the one moity of which forfeiture if such offence be Committed in any City or Town Corporate to be to the Mayor Sheriff Bailiff or other head Officer of such City or Town Corporate where any such Offence shall be done to the use of the Commonalty of every such City and Town Corporate and if it be Commited out of a City or Town Corporate then the said one half to be to the Lord of the Leet or Law days where such offence shall be done and the other half of every such forfeiture to be to the King c. for the which forfeiture of 5 l. recovery shall be had by action of Debt Bill Plaint or Information in any of the Kings Courts in which suits the defendants shall not wage their Law nor have any Essoin or Protection allowed Cinque Ports LXXII 22 H. 8. 12. § 9. N.
and form following that is to say XCVI 27 H. 8. 25. 26. § 2. N. 3. That all the Governors and Ministers of every of the same Cities Shires Towns Hundreds Corporation Wapentakes Lathes Rapes Ridings Tythings Hamlets and Parishes as well within Liberties as without shall not only succor find and keep all and every of the same poor people by way of voluntary and Charitable Alms within every of the same Cities Shires Towns Hundreds Wapen-takes Luthes Rapes Tythings Hamlets and Parishes as well within Liberties as without to be succored relieved and holden with such convenient and necessary Alms as shall be thought meet by their discretions in such wise as none of them of very necessity shall be compelled to wander Idly and go openly in Begging to ask Alms in any of the same Cities Shires Towns and Parishes But also to cause and compel all and every the said sturdy Vagabonds and valiant Beggers to be set and kept to continual labor in such wise as by their said labors they and every of them may get their own livings with the continual labor of their own hands Sheriffs XCVII 27 H. 8. 25. 26. § 2. N. 4. And every Mayor Alderman Sheriff Bailiff Constable and all other head Officers and Ministers of every County City Town and Parish within this Realm or within any the Kings Dominions as well within Liberties as without and all other persons Inhabitants within any of the same shall endeavour themselves to order and direct the Poor people valiant Beggers and sturdy Vagabonds in such wise as the effect of this present Act shall be duly observed and put in due execution upon pain that every Parish shall lose and forfeit 20 s. for every Month in which it is omitted and undone and that to be enquired of at every Quarter Sessions and to be duely presented and found by the verdict of twelve men Constable XCVIII 27 H. 8. 25. 26. § 3. N. 1. Item It is further Enacted c. That all and every person c. Being Whipt or sent into their Countries in form aforesaid viz. 22 H. 8. 12. § 14. N. 1. at the end of every ten Miles shall repair unto the Constable of any Parish being directly in his way towards the County and place whereunto he is so appointed and upon sight of his Letters given unto him at the time of his whipping and sending of him into the same his Country every the said Constables and others the Kings Subjects shall and may furnish him with Competent Meat Drink and Lodging for one night only or for one Meal and so he shall contiue his daily Journy of Ten Miles until such time as he shall come unto the Hundred and place whereunto he is assigned to go Ability XCIX 27 H. 8. 25. 26. § 4. N. 1. Item It is Enacted c. That all and every Idle person c. Rufflers calling themselves Serving-men as well within the City of London as within all other Cities Shires Towns Parishes and Hamlets of this Realm having no Masters shall be intreated used and ordered in every behalf and to all intents as is contained and specified as well in the aforesaid former Act viz. 22 H. 8. 12. as in this present Act upon the pain aforesaid to be lost and forfeited to the Mayor Aldermen Sheriffs Bailiffs Burgesses Ministers and Inhabitants of every of the same Cities Boroughs and Towns Corporate where any such Rufflers shall be suffered to be resiant and abiding by the space of two days and not punished in form hereafter declared Corporation C. 27 H. 8. 25. 26. § 5. N. 1. It is Ordained c. That all and every the Mayors Governors and head Officers of every Borough and Town Coporate and the Church-wardens or two others of every Parish of this Realm shall in good and Charitable wise take such discreet and convenient order by gathering and procuring of such Charitable and voluntary Alms of the good Christian people within the same with Boxes every Sunday Holy-day and other Festival days or otherwise among themselves in such good and discreet wise as the Poor Impotent Lame Feeble Sick and Diseased people being not able to Work may be provided holpen and relieved so that in no wise they nor none of them be suffered to go openly in Begging And that such as be lusty or having their Limbs strong enough to labor may be daily kept in continual labor whereby every one of them may get their own sustenance and living with their own hands CI. 27 H. 8. 25. 26. § 5. N. 2. Forfeiture Upon pain that all and every the Mayors Governors Aldermen head Officers and others the Kings Officers and Ministers of every the said Cities Boroughs Towns Corporate Hundreds Parishes and Hamlets shall lose and forfeit for every month that it is omitted and undone the sum of 20 s. CII 27 H. 8. 25. 26. § 6. N. 1. Item It is Enacted Lieu. c. That all Leprous and poor Bed-rid Creatures whatsoever they be may at their own liberty remain and continue in such place where they be and shall not be compelled to repair into their Countries according to the tenor and purport of the aforesaid former Act viz. 22 H. 8. 12. § 18. N. 1. Any thing contained in the same Act or in this present Act to the contrary notwithstanding CIII 27 H. 8. 25. 26. § 7. N. 1. Item It is also Enacted Enfant c. that the said Governors Aldermen Justices of the Peace and head Officers Bailiffs and Constables of every City Borough Town Hundred and Parish of this Realm shall have Authority by vertue of this present Act to take up all and singular Children in every Parish within their limits that be not grieved with any notable disease or sickness and being under the age of fourteen years and above the age of five years in Begging or Idleness and to appoint them to Masters of Husbandry or other Crafts or labors to be taught by the which they may get their livings when they shall come to age giving to them of the said Charitable collections as it may conveniently be sustained and borne Arayment to enter into such service CIV 27 H. 8. 25. 26. § 7. N. 2. And if any above the age of twelve years and under the age of sixteen years Apprentice refuse such service or depart from the same without cause reasonable then they to be Arrested and apprehended by any of the said Officers and to be brought before the Mayor Aldermen Justices of the Peace Baliffs Governors Constables and other Officers and Ministers of that limit or circuit where they be taken And if it shall appear by his or their Confession or other sufficient Testimony before the same Officers and Ministers that he or they have refused to serve or have departed from their service without cause reasonable he shall then in the Parish where he was apprehended be openly whipped with Rods
Statutes of this Relam have not been put in due Execution and partly also by reason of the multitude of the same the extremity of some whereof have been occasion that they have not been put in ure 5 Eliz. 3. § 1. N. 6. CXCVI. 3 4 Ed. 6. 16. § 1. N. 2. Therefore and for divers good considerations it is Enacted c. that the Statute Villenage c. viz. 1 Ed. 6. 3. § 2. N. 3. concerning idle persons and Vagabonds in certain cases to be made Slaves c. and all and every Article matter proviso branch and sentence therein contained shall be from henceforth utterly repealed made frustrate void and of none effect 21 Jac. 28. § 11. N. 28. 69. CXCVII 3 4 Ed. 6. 16. § 2. N. 1. And that the Statute Continuance c. viz. 22 H. 8. 12. And every matter article proviso branch and sentence therein contained to be from henceforth revived made good and stand in full strength and vertue and shall continue and remain a perfect Act of Parliament for ever CXCVIII. 3 4 Ed. 6. 16. § 3. N. 1. And be it therefore Enacted Justices c. that all Justices of Peace and every of them within the limits of their Commission and the Mayors Sheriffs Bailiffs and other Officers within their several rules and offices shall within their several limits assemble together and make their several division according to the purport and effect of this Act at the next general Quarter Sessions of the Peace to be holden after the Feast of Easter next to come for the due speedy and diligent Execution of the same Act viz. 22 H. 8. 12. CXCIX 3 4 Ed. 6. 16. § 3. N. 2. And that if any such aged or impotent person after the Feast of Easter next to come Ability shall offend contrary to this Estatute that then the said offender shall be used and punished as in the same Estatute c. viz. 22. H. 8. 12. § N. is provided CC. 3 4 Ed. 6. 16. § 3. N. 3. And that before the Feast of Easter Pain no punishment shall be put in Execution against any such Impotent Lame and Aged person but only by the discretion of the next Justice of Peace of the same Shire where such offender shall be apprehended any thing in said Act viz. 22 H. 8. 12. to the contrary notwithstanding CCI. 3 4 Ed. 6. 16. § 4. N. 2. Be it Enacted Husbandry c. that such common laborers viz. in Husbandry being persons able in body using loytering and refusing to work for such reasonable wages as is most commonly given in the parts where such persons shall dwell shall be for every such times as he or they refuse to labor having reasonable wages as is aforesaid adjudged Vagabonds and shall be punished as strong and mighty Vagabonds in such manner and form as is declared in the said Act viz. 22 H. 8. 12. § N. Cottages CCII. 3 4 Ed. 6. 16. § 4. N. 4. Be it Enacted c. that all and singular Mayors Sheriffs Bailiffs Constables or other Head-Officers of any City Town or Village to which such resort is or shall be shall before the Feast of the Purification of our Lady next following see all such Idle Impotent Maihmed and Aged persons who otherwise cannot by their discretions be taken for Vagabonds which were born within the said City Town or Village or have been there most conversant and abiding by the space of three years and now decayed bestowed and provided for of the Tenantries Cottages or other convenient Houses to be Lodged in at the costs and charges of the said Cities Towns and Boroughs and Villages there to be relieved and cured by devotion of Good people of the said City Borough Town or Village 1 Ed. 6. 3. § 13. N. 2. Continuance CCIII 3 4 Ed. 6. 16. § 9. N. 1. And be it further Enacted c. that all and every Statute and Act of Parliament made for punishment of Vagabonds Slaves Aged and Impotent persons or any of them and every Article Sentence Clause or Proviso therein contained other than this pre-present Act and Statute made and the said Act c. viz. 22 H. 8. 12. shall be from henceforth utterly void repealed and of no effect or force Records CCIV. 3 4 Ed. 6. 16. § 11. N. 2. And the said Judgment viz. 1 Ed. 6. 3. § 7. N. 3. 4. shall be entred by the Clerk of the Peace in the said Sessions in form following Memorandum that at the Sessions of the Peace holden at or on the day c. one J. B. of the Town of J. had delivered to him according to the form of the Statute in that case provided B. D. esteemed to be of the age of seaven or eight years to be ordered according to the form of the said Statute Infant CCV 3 4 Ed. 6. 16. § 12. N. 1. And if it shall fortune such Child so adjudged to run away at any time once or more times from his or her Master or Mistres that then it shall be lawful for every such Master or Mistres to take the said Child again and to keep and punish the said Child in the Stocks or otherwise by discretion or otherwise at the liberty of such Master or Mistres to have a Warrant from any Justice of Peace in the same Shire where the Child so runs away for such Child running away or going away as is provided by the Statute of Laborers viz. 12 Ric. 2. 3. for such Servants as depart away from their Master or Mistres without a reasonable cause before the end of their terme 1 Ed. 6. 3. § 7. N. 5. Justices CCVI. 3 4 Ed. 6. 16. § 13. N. 1. And that every Justice of Peace shall by force of this Act have Authority and power to make such warrant against every such person so going and runing away in like form as they or any of them may do against any Servant departing out of his Masters service without License or reasonable cause and by force of the same Warrant the Child so running or going away to be taken and ordered in every degree as is provided by the said Statute c. viz. 12 Ric. 2. 3. as is aforesaid Apprentice CCVII. 3 4 Ed. 6. 16. § 14. N. 1. And be it further Enacted c. that if and as often as it shall chance the Father Mother Nource or other bearer about of the Child or any other person or persons to steal or intice away any such Child adjudged for a Servant as is aforesaid that then and so often it shall be Lawful for the Master or Mistres of the same Child to be at his or their liberty to take an action upon the Statute of laborers viz. 12 Ric. 2. 3. against every such person so stealing or Inticing away such Child as he or they might have by reason of the said
make their said Account within eight days then the Bishop of the Diocess or Ordinary shall have Authority by Virtue of this Act to compel the said person or persons by Censures of the Church to make their said Accounts before such persons as the said Bishop or Ordinary shall appoint Charity CCXXIV. 5 6 Ed. 6. 2. § 5. N. 1. And be it further Enacted c. that if any person or persons being able to further the charitable Work do obstinately and frowardly refuse to give towards the help of the Poor or do wilfully discourage others from so charitable a deed the Parson Vicar or Curate and Church-wardens of the Parish where he dwelleth shall gently exhort him or them towards the releif of the Poor Ordinary CCXXV. 5 6 Ed. 6. 2. § 5. N. 2. And if he or they will not so be perswaded then upon the Certificate of the Parson Vicar or Curate of the Parish to the Bishop of the Diocess the same Bishop shall send for him or them to induce and perswade him or them by Charitable waies and means and so according to his discretion to take order for the reformation thereof 5 Eliz. 3. § 7. N. 3. CCXXVI 5 6 Ed. 6. 2. § 6. N. 1. And for the better maintenance of this Charitable work ordained Abbe c. that whereas the late King of Famous Memory King Henry the eighth by his several Erections and foundations hath ordained and appointed any summ or summs of Mony to the use of the poor not being taken away otherwise by Act of Parliament whether the same be in any Cathedral-Church Colledge or elsewhere the Bishop of the Dioces for the time being shall from time to time Examine how and after what manner the mony is bestowed and to call to account the Parties which retain the said mony so that it may appear the same is distributed to the Poor according to the Kings Majesties foundation CCXXVII 5 6 Ed. 6. 2. § 9. N. 1. Provided always and be it further Enacted c. that this present Act nor any thing therein contained Franchis shall extend or be prejudical unto the Mayor Sheriffs and Citizens of the City of Chester for or concerning any gift or Grant of any Annuity or yearly rent heretofore made given or granted by the Kings Majesty that now is unto the said Mayor Sheriffs and Citizens of the said City going out of any Manners Lands Tenements and Hereditaments of the Cathedral-Church of Christ and our Lady within the City of Chester but that the same Mayor Sheriffs and Citizens shall and may from henceforth receive use and imploy the same Annuities yearly rents and profits to such uses and intents and according to the said gift of our said Soveraign Lord the King any thing in this act to the contrary notwithstanding CCXXVII 5 6 Ed. 6. 2. § 7. N. 2. This Act to endure to the end of the first Session of the next Parliament Continuance 7 Ed. 6. 11. § 11. N. 4. CCXXIX 5 6 Ed. 6. 21. Forasmuch as it is evident that Tinkers Trades Pedlers and such like Vagrant persons are more hurtful than necessary to the Common wealth of this Realm 1 Jac. 25. § 47. N. 2. 14 Eliz. 5. § 5. N. 5. CCXXX 5 6 Ed. 6. 21. § 1. N. 2. Be it Enacted c. that License c. no person or persons commonly called Pedler Tinker or petty Chapman shall wander and go from one Town to another or from place to place out of the Town Parish or Village where such persons shall dwell and sell pins points laces gloves knives glasses tapes or any such kind of wares whatsoever or gather cunny-skins or such like thing or use or exercise the trade or occupation of a Tinker but only such persons c. as shall be thereunto Licensed 1 Jac. 25. § 42. N. 1. CCXXXI 5 6 Ed. 6. 21. § 1. N. 3. And that in such Circuit or compass as shall be to him or them Assigned by two Justices of Peace Justices or more of the Shire where he or they shall dwell by writing under their hands and seals CCXXXII 5 6 Ed. 6. 21. § 1. N. 4. Upon pain that every person Justices which shall offend contrary to the meaning of this Act shall by any Justice of the Shire where the same offence shall be committed upon complaint and due proof had by witness or otherwise be imprisoned by the space of fourteen days at the least CCXXXIII 2 3 Ph. Mar. 5. § 2. N. 1. Be it Enacted Continuance c. that the Statute c. viz. 22 H. 8. 12. and also the Statute c. viz. 3 4 Ed. 6. 16. concerning Beggers Vagabonds and Idle persons and every Article Clause Branch Sentence and other things contained in them and in either of them other than such things as shall be by this present Act otherwise ordained and provided for shall stand remain and be in their full force and effect and shall also from henceforth justly and truly be put in Execution according to the true meaning of the said several Statutes and either of them Records CCXXXIV 2 3 Ph. Mar. 5. § 3. N. 1. And further be it Enacted c. that yearly on some one Holyday in the Christmas in every City Borough and Town-Corporate the Mayor Bailiffs and other Head-Officers for the time being and in every other Parish of the County the Parson Vicar or Curate and the Church-wardens having in a Register or book as well all the Names of the Inhabitants and Householders and also the Names of all such Impotent Aged and Needy persons as being within their City Borough Town-Corporate or Parish are not able to live of themselves or with their own labor shall openly in the Church and quietly after Divine service call the said Householders and Inhabitants together 5 6 Ed. 6. 2. § 2. N. 1. Certificate CCXXXV 2 3 Ph. Mar. 5. § 7. N. 1. And be it further Enacted c. if it shall chance any Parish to have in it more Poor and Impotent folks not able to labor than the said Parish is able to relieve that then in every such not standing in any City or Town-Corporate the Mayor or Chief-Officers of the same City or Town-Corporate calling to them two or three of the Chief Parishioners of the same Parish such as the said Mayor or Head-Officer shall think meet shall certifie unto the Justices of Peace of the County where the same Parish is the Number and Names of the persons with which they be surcharged License CCXXXVI 2 3 Ph. Mar. 5. § 7. N. 2. And upon such Certificate the said Justices of Peace in the same County or two of them whereof one to be of the Quorum shall consider and Examine the said Certificate and finding the same true shall then grant unto such and
having Licence of the next two Justices of the Peace Licence to the place where they first hapned to Land or where they first entred into this Realm shall and may pass according to the purport of their Licence and intent of this Act of Parliament any thing herein contained to the contrary in any wise notwithstanding CCCIII. 14 Eliz. 5. § 10. N. 1. Be it also further provided that no Licence recited in this Statute shall give any manner liberty Licence or be of any manner force but only in the Shire whereof the grantor or grantees of such Licence shall be Justice or Justices of Peace CCCIV. 14 Eliz. 5. § 10. N. 2. Wherefore if the said party Licenced will have any further passage without the danger of this law Licence than the Shire where his first Licence is granted it shall be lawful for him to procure and get in every other Shire where he intendeth to pass one other Licence from two Justices of the Peace of the said Shire and so from Shire to Shire to the end of his Journy CCCV 14 Eliz. 5. § 10. N. 3. Be it also provided that this Act Husbandry nor any thing therein contained do in any wise extend to any Cockers or Harvest Folks that travail into any Country of this Realm for harvest work either Corn Harvest or Hay-Harvest if they do work and labor accordingly CCCVI 14 Eliz. 5. § 10. N. 4. Neither yet to any that hapneth to be robbed or spoiled by the way Robbery CCCVII 14 Eliz. 5. § 10. N. 11. Neither yet to any Serving-men Apprentice that be of honest behavior that be turned from their Masters or whose Master or Mistres shall be dead for the space of six months next after such turning away or death of such Master or Mistres so as every such Serving-man hath a testimonial from his Master or Mistres or from two Justices of the Peace of the same County declaring such turning away or such death of his Master or Mistres CCCVIII 14 Eliz. 5. § 11. N. 1. Provided always that it shall be lawful to the Lord Chancellor or Lord Keeper of the Great Seal of England Licence for the time being to make Licence under the said Great Seal as heretofore hath been accustomed and that the said Licence and Licences shall as largly extend as the contents of them will bear any thing herein to the contrary in any wise notwithstanding CCCIX 14 Eliz. 5. § 12. N. 1. Provided always and be it further Enacted Ouster le mers c. that this present Act or any thing therein contained shall not extend to make frustrate or void any safe Conduct Pasport or Licence made and granted or to be made and granted by the Lord Deputy of Ireland or by the Lord Governor of the Towns and Garrisons of Berwick or Carlile for time being or any other Chief Captain or Governor of any Castle or Fortress of the Queens Majesties or by any other in his or their absence having the said charge of the said Towns and Garrisons or by any of the Guardians of the three Marches towards Scotland or by any General Lieutenant or other Chief-Officer appointed by the Queens Majesty to have the charge and conduct of any Army Garrison or Power of men levyed or to be levyed by her Highness order and appointment and for the special service and affairs of Her Majesty her Heirs or Successors or by any Private Captain upon the dispersing of any Army only to any Souldier or Souldiers or any other person or persons whatsoever within this her Realms of England and Ireland passing by vertue thereof about his or their lawful business and affairs but that he or they shall and may quietly without any let or disturbance enjoy the benefit effect and true meaning thereof in as large and ample manner and form as heretofore hath been used and accustomed any thing in this present Act mentioned to the contrary in any wise notwithstanding Infant CCCX 14 Eliz. 5. § 13. N. 1. Provided always that this present Act or any thing therein contained shall not in any wise extend to the punishment of any such person or persons as by this Statue are limited for Rogues unless the same be of the age of fourteen years or above but that they and every of them under the age shall be punished with whipping or stocking as heretofore hath been used and appointed by the Laws and Statutes in that case provided and now repealed this Act or any thing therein contained to the contrary hereof in any wise notwithstanding Constable CCCXI. 14 Eliz. 5. § 14. N. 1. And it is further Enacted c. that if within any Town or Parish where any such Vagabond or Rogue shall happen to beg or make his abode contrary to the form of this Statute if the Constable or Tything-men be negligent and do not his or their best endeavour for the apprehension of such Vagabond or Rogue which there shall beg or make abode contrary to the form in this Statute limited or shall willingly suffer the said Vagabond or Rogue to escape from the punishment or order in this Statute prescribed that then the said Constable or Tything-men in whom such default shall be shall lose and forfeit for every such Vagabond and Vagrant person that shall be so suffered to beg or make abode within his Authority contrary to the form of this Statute 6 s. 8 d. Cottages CCCXII 14 Eliz. 5. § 14. N. 2. And forasmuch as Charity would that Poor Aged and Impotent persons should as necessarily be provided for as the said Rogues Vagabonds and sturdy Beggers repressed and that the said aged impotent and Poor people should have convenient Habitations and abiding places throughout this Realm to settle themselves upon to that end that they nor any of them should hereafter beg or wander about Justices CCCXIII. 14 Eliz. 5. § 14. N. 3. It is therefore Enacted c. that the Justices of Peace of all and singular the Shires of England and Wales within the limits of their Commissions and all other Justices of the Peace Mayors Sheriffs Bailiffs and other Officers and all and every City Borough Riding and Franchise within this Realm whereof they be Justices of the Peace within the limits of their Authority shall at or before the said Feast of Saint Bartholomew next coming divide themselves and so being divided shall within every of their several divisions and Authorities make diligent search and enquiry of all Aged Poor Impotent and decayed persons born within their said divisions and limits or which were there dwelling within three years next before this present Parliament which live or of necessity be compelled to live by Alms of the Charity of the people that be or shall be abiding within the limits of their Commissions and Authorities CCCXIV 14 Eliz. 5. § 14. N. 4. And shall upon that search made Records make a Register-Book
that the said Vagabonds and other lewd persons before recited shall upon their apprehension be committed to the common Goal of the same Shire where they are so taken and apprehended and that in the most Shires of this Realm the Common-Goals are in such Towns where there be a great number of Poor people more than they are well able to sustain with their relief and in some Shires the Assizes are kept far distant from the place where the Common-Goals are by reason whereof the said Prisoners are like to famish for want of sustenance if they be not therefore provided Sessions CCCLXVIII 14 Eliz. 5. § 37. 2. N. 1. For remedy wherof be it therefore Enacted c. that it shall and may be lawful for the Justices of Peace of every Shire within this Realm at their General Quarter-Sessions of the Peace to be holden within the same Shires or the most part of the said Justices being then present to Rate and Tax every Parish within the said Shires at such reasonable summs of mony for and towards the relief of the said Prisoners as they shall think convenient by their discretions so that the said Taxation and rate doth not exceed above 6 d. or 8 d. by the week out of every Parish Church-wardens CCCLXIX 14 Eliz. 5. § 37. 2. N. 2. And that the Church-wardens of every Parish within this Realm for the time being shall every Sunday levy the same and once every Quarter in the year pay to the High-Constables or Head-Officers of every Town Parish Hundred Riding or Wapentake within this Realm all such summs of mony as their Parish shall berated and taxed for and towards the relief of their said Prisoners within their said several Parishes Lambert 467. 468. Constable CCCLXX 14 Eliz. 5. § 37. 2. N. 3. And that the said High-Constables and Head-Officers and every of them shall pay all such summs of mony so to them paid by the said Church-wardens at every General Quarter Sessions to be holden within the said several Shires to such sufficient persons dwelling nigh the said Goals as shall be appointed by the said Justices in their said open Quarter Sessions to be there ready to receive the said mony so Collected as is aforesaid Imprisonment CCCLXXI 14 Eliz. 5. § 37. 2. N. 4. And that the Collectors for the said Prisoners shall weekly distribute and pay all such summs of mony as they and every of them shall receive for the relief of the said Prisoners as aforesaid Church-wardens CCCLXXII 14 Eliz. 5. § 37. 2. N. 5. Upon pain as well the said Church-wardens of every Parish Constables and Head-Officers of every Hundred or Wapentake as also the said Collectors appointed for the Collection and contribution of the said Prisoners so making default as is aforesaid to forfeit 5 l. the one moity therereof shall be to the use of the Queens Majesty her Heirs and Successors and the other moity to the relief of the Prisoners any Statute law custom use or other thing to the contrary in any wise notwithstanding Corporation CCCLXXIII 14 Eliz. 5. § 38. 3. N. 1. Provided always that the Justices of Peace within any County of this Realm or Wales shall not intromit or enter into any City Borough Place or Town-Corporate for the Execution of any Branch Article or Sentence of this Act for or concerning any offence matter or cause growing or arising within the Precincts Liberties or Jurisdictions of such City Borough Place or Town-Corporate but that it shall and may be lawful to the Justice and Justices of the Peace Mayor Bailiffs and other Head-Officers of those Cities Boroughs Places and Towns-Corporate where there be Justice or Justices to proceed to the Execution of this Act within the precinct and compass of their Liberties in such manner and form as the Justices of Peace in any County may or ought to do within the same County by vertue of this Act any matter or thing in this Act expressed to the Contrary thereof notwithstanding CCCLXXIV 14 Eliz. 5. § 39. 4. N. 1. And that every Justice and Justices of Peace within every such City Borough Justices Place and Town-Corporate for every offence by them or any of them to be committed contrary to the intent and meaning of this Statute shall be punishable and chargeable as other Justices of Peace at large in the Counties are by this Act above appointed to be CCCLXXV 14 Eliz. 5. § 40. N. 1. Provided always and be it further Enacted c. that if it shall chance any City or Town Corporate Corporation to have in it more Poor folks than the Inhabitants thereof shall be able to relieve that in such case upon Certificate thereof made and of the number and names of persons with which they be so surcharged unto the Justices of Peace of the County in which such City or Town-Corporate shall lie and be Situate at their Quarter Sessions of the Peace by two Justices of Peace of the said County and the Mayor or other Head-Officer of the same City or Town-Corporate the Justices may by their discretions in the same Sessions take order appoint and cause the same Poor folks so Certified to be provided for and be relieved by giving of Licence to beg or otherwise in some other place or places of the said County out of such City or Town-Corporate so surcharged CCCLXXVI 14 Eliz. 5. § 41. N. 1. Provided always that this Act or any thing therein contained shall not extend to the Poor people Hospitals for the time being in the Hospital called Saint Thomas Hospital otherwise called the Kings Hospital in the Borough of Southwark near adjoyning to the City of London but that the Mayor Commonalty and Citizens of the said City of London for the time being shall and may only have the rule order and Government of the said Hospital and of the Poor people therein for the time being any thing in this Act to the contrary notwithstanding CCCLXXVII 14 Eliz. 5. § 42. N. 1. Provided alway that this Act or any thing therein contained or any Authority thereby given Games shall not in any wise extend to disinherit prejudice or hinder John Dutton of Dutton in the County of Chester Esq his Heirs or Assigns for touching or concerning any Liberty Previledge Preheminence Authority Jurisdiction or Inheritance which the said John Dutton now lawfully useth or hath or lawfully may or ought to use within the County Palatine of Chester and the County of the City of Chester or either of them by reason of any Ancient Charters of any Kings of this Land or by reason of any prescription or other lawful usage or title whatsoever CCCLXXVIII 14 Eliz. 5. § 43. N. 1. This Act to indure for seven years and from thence to the end of the next Parliament Continuance then next following 18 Eliz. 3. § 14. N. 1. Crompt 97. b. CCCLXXIX Crompt 154. b. Nor shall Bail be received
Additions to Dalton cap. 81. Sect 7. 'T is said that no married Woman is punishable by this Statute 35 Elizabeth but are thereout excepted whereas in truth they are no where excepted throughout this Statute save only that they shall not be compelled or bound to abjure 35 Eliz. § 12. N. 1. For if a married Woman comes not to Church but forbears for a month and goes to Conventicles or any other Meetings or Assemblies under colour or pretence of the Exercise of Religion contrary to Law whether they be Popish or other or perswades others so to do or to forbear the Church or to impugne the Kings Authority in Causes Ecclesiastical she shall be imprisoned by force of this Act 35 Eliz. 1. § 1. N. 5. until she conform and submits her self but she cannot be further proceeded against so as to require her to abjure A Married Woman by this Act 35 Eliz. 1. § 10. N. 2. with her Husband is likewise punishable for her Recusancy by action of Debt c. brought against her and her Husband at the Kings Suit so that 't is a great mistake to say she is not punishable by this Statute Days XLIX The Laws c. 125. 126. Abr. 124. Note that this Act 35 Eliz 1. § 13. N. 4. being at first but temporary was afterwards discontinued Hutton 61 62. But is since revived by 3 Car. 14. 5. § 21. N. 1. and declared to be in Esse 16 Car. 2. 4. § 1. N. 1. 2. And in such Case it hath been questioned if a Statute be discontinued and afterwards revived how an Indictment thereupon shall conclude Parliament whither contra formam Statuti or Statutorum For if a Statute be temporary and afterwards continued for a longer time or made perpetual and never discontinued there without doubt it shall be contra formam Statuti But it hath been held by some that where it was once discontinued and then revived there it is as if there were two several and distinct Statutes and the Indictment shall conclude contra formam Statutorum 9 Eliz. Palmers Case But others have held the contrary and that there is not any difference in the Case of a Statute at first temporary and afterwards before any discontinuance continued for a longer time or made perpetual and a Statute discontinued and then revived but that it shall in both Cases be held but as one Statute and that the Conclusion shall be contra formam Statuti and not Statutorum unless where the Act of reviver makes any addition to the former Act or increaseth the penalty or forfeiture for then there is no doubt but they are two distinct Acts of Parliament and according to this latter opinion hath the practice been in Informations upon 5 Eliz. 9. of Perjury which determined 14 Eliz. and was revived 29 Eliz. 5. § 2. N. 3. and yet all Informations thereupon conclude contra formam Statuti And so as it seems ought all Indictments upon this Statute of 35 Eliz. 1. § 13. N. 4 notwithstanding its discontinuance and reviver Owen 135. Wests Case 2 Cro. 170. pl 9 Yelvert 116. pl. 165. and 3 Cro. 750. L. The Laws c. 137. Abr. 133. Days Within three months next after such person shall be apprehended or taken 35 Eliz. 2. § 8. N. 3. Wingate Crown 80. clearly mistakes the meaning for he saith that a Popish Recusant whose Estate is under value must make the submission prescribed by this Act within three months next after his arrival at his place of abode which is a complicated Error for he quite leaves out him who is to repair to the place where he was born or his Father or Mother dwells he makes the party lyable to such submission before he becomes an offender by not repairing or not presenting himself and giving in his true name or Travelling above five Miles He speaks nothing of his being apprehended whereas by the Act he cannot be required to abjure untill three months after his apprehension and he turns the three months after his apprehension into three months after his arrival all great mistakes and fit to be taken notice of by Justices of Peace whose part it is to require the submission and abjuration that they may not be misled in the Execution of this part of their office by trusting to that abridgment LI. The Laws c. 138. Abr. 134. Being thereunto required by the Bishop c. 35 Eliz. 2. § 8. N. 3. If the offender be not before the end of the three months next after his apprehension required by the Bishop a Justice of Peace or the Minister or Curate to make such submission he cannot be required afterwards nor be compelled to abjure by force of this Act but if he be required within the three months to make submission and refuse he may be at any time afterwards warned or required to abjure LII The Laws c. 138 139. Abr. 135. Exile The Oath of abjuration 35 Eliz. 2. § 8. N. 4. may be in this form or to this effect You shall Swear that you shall depart out of this Realm of England and out of all other the Kings Majesties Dominions and that you shall not return hither or come again into any of his Majesties Dominions but by the Licence of our said Soveraign Lord the King or of his Heirs So help you God 3 Inst â—17 Stamford 119 120. Wilkinson 66. hath set down another form c. resembling that of a Felon c. vet Magna Chart. 167. b. 168. This hear you Sir Coroner that I J. M. of H. in the County of S. am a Popish Recusant and in the contempt of the Laws and Statutes of this Realm of England I have and do refuse to come to hear Divine Service there read and exercised I do therefore according to the intent and meaning of 35 Eliz. 2. § 8. N. 4. c. abjure the Land and Realm of King Charles now King of England Scotland France and Ireland and I shall hast me towards the Port of P. which you have given and assigned to me and that I shall not go out of the high-way leading thither nor return back again c. If I do I will that I be taken as a Felon of our said Lord the King and that at P. I will diligently seek for passage and I will tary there but one Flood and Ebb If I can have passage and unless I can have it in such space I will go every day into the Sea up to my knees assaying to pass over So God me help and his holy Judgment But in alluding to the old Oath for Felony c. Wilkinson is mistaken in the very Offence for which the Popish Recusant is to abjure by force of 35 Eliz. 2. § 8. N. 4. For the Offence is not his Refusal to hear Divine Service for that is but one of the precedent qualifications of the person but the offence it self is of another nature viz. his not repairing to
and afterwards Indicted in B. R. of a Praemunire for such his refusal he being then of the Age of Eighteen years and above and the said Oath being lawfully tendred c. all which was certified to the Court by divers of the Privy Council upon which Indictment he was Arraigned And no word in the Indictment of his standing Convicted or Indicted of Recusancy or not having received the Sacrament c. and yet the Indictment was grounded upon 3 Jac. 4. § 41. N. 1. and not upon 7 Jac. 6. § 26. N. 6. For by the Statute 7 Jac. 6. § 26. N. 5. He could not have been Indicted of a Praemunier for the first Refusal but must have been Committed until the next Assizes or Sessions and if he had there refused it the second time he might have been Indicted of a Praemunire and not otherwise But whether this Indictment were according to Law or only passed Sub silentio Quaere Note by 7 Jac. 6. § 26. N. 1. Any Privy Counsellor or the Bishop of the Dioces may now require this Oath of any Baron or Baroness of or above the Age of Eighteen years in all Cases and in some Cases three Privy Counsellors Quorum unus c. may require it of Persons above the said Degree LXX The Laws c. 205. Abr. 220. Licence Giving Power to grant Licence or Licences unto the said Recusants 35 Eliz. 2. § 12. N. 1. in the Proviso which is by 3 Jac. 5. § 6. N. 4. here repealed is only that which there Impowers the Justices of Peace for that is the only Proviso which gives Power to grant Licences and the Cause here alledged for the Repeal 3 Jac. 5. § 6. N. 2. is the giving of sundry Licences to Recusants under colour of a Proviso in 35 Eliz. 2. which can be construed only of those which were given by the Justices of Peace 35 Eliz. 2. § 12. N. 1. and not of the other Licences given by 35 Eliz. 2. in several other Cases So that the Provisoes there 35 Eliz. 2. § 13. 14. permitting the Popish Recusant to travel in Case of Process or Commandment by Privy Counsellors or the Queens Commissioners or Proclamation to render his Body to the Sheriff remain still in force and unrepealed and the Recusant may take the benefit thereof at this day Justices LXXI The Laws c. 207. 208. Abr. 221. by such Recusant is intended here 3 Jac. 5. § 7. N. 1. such Recusant as is confined by 35 Eliz. 2. § 3. N. 1. § 4. N. 1. and not only such as were mentioned in 3 Jac. 5. § 6. N. 1. For that Recital is imperfect in that it mentions only the Popish Recusant Convict 35 Eliz. 2. § 3. N. 1. whereas 35 Eliz. 2. § 4. N. 1. speaks as well of the Popish Recusant not Convicted who hath no certain place of abode And the benefit of having Licences from the King or three Privy Counsellors by force of this Act 3 Jac. 5. § 7. N. 1. is intended as well to the one as the other although the Convicted only are mentioned in the recital And this will plainly appear 1. By the following words here 3 Jac. 5. § 7. N. 2. which impower the Justices of Peace to grant Licences and expresly extend to all Persons confined by virtue of 35 Eliz. 2. Now it cannot be presumed that the Makers of the Law intended any difference between the Persons to he licenced by the King or Privy Counsellors and the Persons to be licenced by the Justices of Peace the Power given 3 Jac. 5. § 7. N. 1. to the King or Privy Counsellors being more absolute and not under such Precautions as is that which is given 3 Jac. 5. § 7. N. 3. to the Justices of Peace For the King or Privy Counsellors may grant a Licence to the Recusant to travel without any particular Cause shewn in the Licence or the assent of any other Person and without any Oath to be made by the Recusant which the Justices of Peace cannot do And there is no reason to think that the Power here given to the King or Privy Counsellors which in all other Particulars is so much more absolute and extensive than that given to the Justices of Peace should be yet less Extensive as to the Persons to be licenced 2. It were absurd to think that the Makers of 3 Jac. 5. § 7. N. 1. intended to confer a greater Priviledge upon the Recusant Convicted whose Offence appears upon Record than to such as are not Convicted c. But it by such Recusant should be meant only such as are mentioned in the Recital 3 Jac. 5. § 6. N. 1. viz. those Convicted and not all who are confined by 35 Eliz. 2. § 3. N. 1. § 4. N. 1. it would follow that the Convicted Recusant who is the more notorious Offendor may have a Licence without any Cause shewn or Oath made but he who is not Convicted is barred of that Priviledge and can apply himself only to the Justices of Peace for a Licence clogged with divers Circumstances which are not required in a Licence granted by the King or the three Privy Counsellors 3 Jac. 5. § 7. N. 1. Much less shall this Recital 3 Jac. 5. § 6. N. 1. of the Statute 35 Eliz. 2. § 3. N. 1. Impeach the express words of that Statute 35 Eliz. 2. § 4. N. 1. as if no other Popish Recusants were intended to be confined thereby but only such as are Convicted because no other are mentioned in the Recital For the Recital of an Act of Parliament in another Act of Parliament being only by way of Preface or Introduction cannot add to or diminish the Act recited or make it lyable to any other Constitution than what shall naturally flow from the Act it self 4 Inst 331. LXXII The Laws c. 208. Abr. 222. Licence Without any other Cause to be expressed 3 Jac. 5. § 7. N. 1. Here is one difference between a Licence by the King or three of the Privy Counsellors and a Licence by Justices of Peace For by these 3 Jac. 7. § 5. N. 2. it ought not to be granted unless the Popish Recusant hath necessary occasions or business but the Kings or Privy Counsellors Licence may be granted in any Case at the Recusants request LXXIII The Laws c. 200. Abr. 203. Vnder the Hands and Seals Indictment 3 Jac. 5. § 7. N. 2. An Indictment was brought upon 35 Eliz. 2. § 3. N. 1. for travelling out of the Compass of five Miles the Recusant pleaded a Licence under the Seals of four Justices of Peace and Exception was taken to the Plea for that the Licence ought to have been under their Hands as well as their Seals 2 Co. 352. Mich. 17 Jac. Maxfields Case And this is a good Exception For a Licence by a Justice of Peace although in Writing is not sufficient without Seals and Subscription both 1 Roll. 108. pl. 47.
at the least with sufficient sureties to the good behaviour for that his so long obstinacy besides the other Penalties 23 Eliz. 1. § 5. N. 2. Crompt 13 b. 144. Justices C. Lambert 197. Any Justice of Peace within the County in which any Jesuit Seminary Priest or other Priest Deacon or Religious or Ecclesiastical Person mentioned in this Statute shall arive or land may within three days after take the Submission Oath and Acknowledgment of him touching his Obedience to the Kings Majesty and to his Laws and Ordinances provided in Cases of Religion 27 Eliz. 2. § 10. N. 1. supra Dalt 104. cap. 45. Notice CI. Lambert 197. 198. And every Subject having understanding that any such Jesuit Seminary Priest or other the abovesaid shall be within any the Kings Dominions contrary to the meaning of this Statute ought to discover the same to some Justice of Peace or other higher Officer within twelve days after such his knowledge under the pain of a Fine and Imprisonment and that Justice of Peace ought within 28 days after such discovery made unto him to give Information thereof to one of the Kings Privy Council under the pain of CC Marks 27 Eliz. 2. § 13. N. 1. Crompt 45. Dalt 104 105. cap. 45. Forfeiture CII Lambert 198. The Party that doth first discover to any Justice of Peace any Recusant or other entertaining or relieving any Jesuit Seminary or Popish Priest or any Mass to have been said and any of them that were present thereat within three days after the Offence and by reason of his discovery any the Offenders be taken and Convicted shall be freed from danger of the Offence if he be an Offender therein and have the third part of the Forfeiture by such Offence 3 Iac. 5. § 1. N. 3. Dalt 105. cap. 45. Oath CIII Lambert 333 334. Any two Justices of Peace may require any Popish Recusant not making Submission according to this Statute to abjure the Realm upon his Corporal Oath before them 35 Eliz. 1. § 2. N. 1. Dalt 104. cap. 45. infra Justices CIV Lambert 334. Any two Justices of Peace of the County where he shall arive may take the Submission of a Person reconciled to the See of Rome within six days after such persons return into this Realm and minister the Oath 1 Eliz. 1. § 19. N. 4. of Supremacy and of Allegiance and are to certifie the same Oaths so taken at the next Quarter-Sessions upon pain of Forfeiture of Forty pounds 3 Iac. 4. § 24. N. 1. Process CV Lambert 334. Any two Justices of Peace may search the Houses and Lodgings of every Popish Recusant Convict or of every person whose Wife is a Popish Recusant Convict for Popish Books and Relicks of Popery And if any Altar Pix Beads or Pictures or such like Popish Relicks or Books be found as in the opinion of the said Justices shall be thought unmeet for such Recusant to have and use the same they shall be presently defaced and burnt being meet to be burnt And if a Crucifix or other Relick of any Price the same is to be defaced at the General Sessions of the Peace and restored to the owner 3 Iac. 5. § 26. N. 1. Lambert 607. Dalt 108. cap. 45. CVI. Lambert 118. Moreover Bail it seemeth to me that all these Statutes viz. 23 Eliz. 1. § 5. N. 2. c. have this one meaning that a Party so bound may afterward forfeit his Recognisance if he eftsoons offend against the said Statutes CVII Lambert 224. Justices The Treason 1 Eliz. 1. § N. of extolling And 23 Eliz. 1. § 2. absolving or withdrawing Subjects from Obedience and 13 Eliz. 2. § 2. N. 1. of putting in ure Instrument of Reconciliation to Rome are publick Felonies that concern the King and Justices of Peace can only enquire and receive Indictments Lambert 506. Infra Crompt 192. CVIII Lambert 495 496. Ecclesiastical Causes enquirable in Sessions Rome 1. If any Person have within this half year by writing printing teaching preaching express deed or act advisedly maliciously and directly affirmed held set forth or defended the Authority Preheminence Power or Jurisdiction Spiritual or Ecclesiastical of any foreign Prince or Person whatsoever heretofore claimed used or usurped in this Realm or any the Kings Dominions Crompt 124 192. 2. Or have advisedly maliciously or directly put in use or executed any thing in the extolling setting forth or defence of any such pretended or usurped Jurisdiction Preheminence or Authority or any part thereof Crompt 15. 3. Or if any Person compellable to take the Oath of Recognition of the Kings Majesty to be Supream Governour in all Causes within his Dominions have refused to take the said Oath Oath after lawful tender thereof to him made 1 Eliz. 1. § N 5 Eliz. 1. § N. enquirable by words of 23 Eliz. 1. § 8. N. 1. 4. Lambert 496 497. Treason If any Person under the Kings Obedience have at any time within this year by writing cyphering printing preaching or act advisedly holden or stood with to extoll or defend the Power of the Bishop of Rome or of his See heretofore claimed or usurped within this Realm Crompt 15. 5. Or by any Speech open Deed or Act advisedly attributed such manner of Authority to the said See of Rome or to the Bishop thereof within any the Kings Dominions ye shall present him his Abetters Procurors Counsellors Aiders and Comforters 5 Eliz. 1. § 2. N. 2. Crompt 15 b. 6. If any Person have by any means practised to absolve perswade or withdraw any other within the Kings Dominions from their natural Obedience or for that Intent from the Religion now established here to the Romish Religion or to move them to promise obedience to the See of Rome or other Estate Crompt 17 b. 18. 7. Or if any Person have been willingly so absolved or withdrawn or have promised such obedience 23 Eliz. 1. § 2. N. 5. Crompt 14 b. 18 a. 8. And if any Person have willingly aided or maintained any such Offender or knowing such offence have concealed it and not within 20 days disclosed it to some Justice of Peace or other higher Officer 23 Eliz. 1. § 3 N. 1. Crompt 14 b. 18. 9. If any Subject of this Realm have after the Tenth day of June 1606. gone out of this Realm to serve any foreign Prince State or Potentate Or have after the Tenth day passed over the Seas and there hath voluntarily served any such foreign Prince c. not having taken the Oath expressed 3 Iac. 4. § N. before the Customer and Comptroller of that Port Haven or Creek where he had Passage 10. If any Gentleman or Person of higher Degree or any Person which hath born any Office Place or Charge in any Camp Army or Company of Souldiers or Conductor of Souldiers have gone voluntarily out of the Realm to serve any foreign Prince State or Potentate before he became
bound by Obligation with two sufficient Sureties unto the King his Heirs or Successors according to this Act 3 Iac. 4. § 19. N. 1. 11. Lambert 408 409. If any have said or sung Mass or have willingly heard Mass 23 Eliz. 1. § 4. N. 1. 12. If any Person have used or put in ure any Bull Writing or Instrument of Absolution or Reconciliation or of other sort gotten from the Bishop of Rome or See of Rome or from any Person claiming Authority from the same Crompt pl. 14 b. 17 b. 18 a. 13. Or have by colour of any such taken upon him to absolve or reconcile any persons or have published any such Bull or Instrument 14. Or if any Person have received such Absolution or have procured abetted or counselled any such Offender to the intent to uphold such offence 15. If any Person have after such offence aided comforted or maintained such Offender to the Intent to uphold the Authority of the said See of Rome Crompt 14 b. 16. If any Person to whom such Bull or Instrument hath been offered or perswaded hath not within six weeks next after signified the same to some of the Kings Privy Council or to the Kings Privy Council or to the Lord President of the North or of Wales Crompt 14 b. 168 b. 17. If any Person have brought hither from the Bishop or See of Rome or from any Person Authorized or claiming to be Authorized by any of them any Agnus Dei Crosses Pictures Beads Graile or such like Superstitious things and have the same delivered or caused or effected to be delivered to any the Kings Subjects to use or wear in any wise and if any Person have to such intent received or taken the same and have not apprehended the offender thereof nor within three days after disclosed him to the Ordinary or to some Justice of the Peace nor within one day delivered the thing to some Justice of the Peace 13 Eliz. 2. § 8. N. 1. Crompt 14 b. 15 a. Dalt 105. cap. 45. 18. If any Person being at liberty or out of hold have since 8 May 27 Eliz. wittingly and willingly received aided or maintained within any part of his Highness Dominions any Jesuit Seminary Priest or such other Priest Deacon or Religious or Ecclesiastical person being born within this Realm or any his Highness Dominion's and at any time since Midsummer 1 Eliz. made ordained or professed by any Authority derived challenged or pretended from the See of Rome knowing him to be a Jesuit Seminary Priest or other such Priest Deacon or Religious or Ecclesiastical Person 27 Eliz. 2. § 4. N. 1. Crompt 45. Certification CIX Lambert 367. 368. That Justices of Peace which doth not within fourteen days after matter uttered to him concerning any Agnus Dei c. signifie the same to one of the Kings Privy Council shall incur the pains of 13 Eliz. 2. § 5. N. 1. And that Justice of the Peace which aâ—ter discovery made unto him by any Person that any Jesuit Seminary or other Ecclesiastical or Religious Person professed by any Authority from the See of Rome is abiding within any the Kings Dominions shall not within Twenty Eight days then next following give information thereof to some of the Kings Privy Council or to one of the Presidents in Wales or in the North shall forfeit for every such offence CC Marks 27 Eliz. 2. CX Lambert 368. Certificate Those Justices of Peace that neglect to certifie at the next General or Quarter-Sessions the Oaths taken in the submission of any Person reconciled to the See of Rome returning into this Realm shall lose xl l. 3 Jac. 4. § N. CXI Lambert 412 413 414. Religion Inquiry in Sessions if any Person being above the Age of sixteen years and not having lawful and reasonable excuse to be absent have not repaired and resorted unto his or her Parish Church or Chapel accustomed or upon let thereof to some usual place where Common Prayer is to be used upon every Sunday and other Holy-day and have not there orderly and soberly abiden during the time of such Common Prayer Preaching or other service of God and how long such Person hath forborn so to repair and resort 1 Eliz. 2. § 4. N. 1. 23 Eliz. 1. § 5. N. 1. Crompt 13. Dalt 104 105. cap. 45. 2. If any Person have after one Month after the making of this Statute willingly maintained retained relieved kept or harbored any Servant Sojourner or stranger not repairing to some Church Chapel or usual place of Common Prayer to hear Divine Service by the space of one Month together not having a reasonable excuse other then such as harboreth his Father or Mother not having other sufficient maintenances or the ward of any person or any person committed to the Custody of any by Authority or have retained or kept in service fee or livery any not repairing to some Church as before by the space of a Month together knowing the same 3 Iac. 4. § N. 3. If any conformed Popish Recusant have not within the first year after he hath conformed him or her self and after the said first year once in every year following at the least received the blessed Sacrament of the Lords Supper in the Parish Church where he or she have most usually abiden within the said year and if there were no Parish Church in the Church next adjoining And if he or she have received the said Sacrament as aforesaid and after have eftsoons offended in not receiving the same as is aforesaid by the space of a year 3 Iac. 4. § N. 4. If any Popish Recusant or other Seditious Sectary which is by any the Statutes 35 Eliz. 1. 2. to be abjured this Realm and all his Majesties Dominions have either refused to make such abjuration or making it have not gone to such Haven within such time as was to him therefore appointed and have not from thence departed this Realm or after such departure have returned unto any his Majesties Dominions without his special licence 35 Eliz. 1. § 2. N. 1. 35. Eliz. 2. § 8. N. 4. 5. If any Person have kept or maintained any Schoolmaster which resorteth not to the Church or is not allowed by the Bishop or Ordinary of the Dioces 23 Eliz. 1. § 6. N. 1. Crompt 16. CXII Lambert 598. 599. Justices The Justices of Peace may in their open Quarter-Sessions enquire of hear and determine all offences except Treason and Misprision of Treason committed against 23 Eliz. 1. § 9. N. 2. made for retaining the Kings Subjects in their due Obedience Supra Lambert 607. or 3 Iac. 4. § 2. They may also in their open Quarter-Sessions Enquire of such as do extol the usurped Authority of the See of Rome against 5 Eliz. 1. § 3. N. 1. and the Clerk of the Peace must read that Act at every of the Quarter-Sessions Abjuration CXIII Lambert 605 606 607. The abjuration of a Seditious
1. saith Mr. Marrow if the Indictee be imprisoned in another County the Justices of Peace may Award an Habeas Corpus to remove him before them XVII Lambert 518. Nosme But if it be mentioned in the Endictment that the Endictee is dwelling in another County by the Alias Dictus only then it is out of the Case of the Statute of 8 H. 6. 10. § 2. N. 1. because the Alias dictus is not to be traversed 1 Ed. 4. 1. Crompt 149 b. 150 a. XVIII Lambert 518 519. Supersedeas But yet you must prseuppose that all this Process of Utlary may be staid by Supersedeas And F.N.B. 237. E. hath the Case That if an Exigent go out upon an Endictment of Trespass found before Justices of the Peace the Party may find Sureties in the Chancery body for body to appear at the day of the Writ and may then also have a Supersedeas thence to the Sheriff commanding him to forbear to take him and to let him go if he then have already taken him for that Cause And Co. Entr. 546. The Process upon such an Endictment staid by a Supersedeas issuing from one Justice of the Peace alone and testifying that the Party came before him and found Surety de fine assidendo Crompt 150. But as I believe the former so will I not perswade the Practice of the latter because I think it not in the lawful power of any one Justice of Peace to Award any such Warrant but that it must be done by two Justices of Peace at the least the one being of the Quorum as the Commission now standeth XIX Lambert 519. Endictment It seemeth by Mr. Marrow that the Process at the Common Law upon Indictments of Felony was but one Capias and then an Exigent for so it was upon an Indictment of Death 22 Ass 81. Stanf. 67. 2. But the old Precedents grounding themselves upon the Statute 25 Ed. 3. St. 5. cap. 14. do use the mention of two Writs of Capias before the Exigent For 25 Ed. 5. Stat. 5. cap. 14. § 1. N. 2. provideth that after the retorn of Non est inventus upon the first Capias another Capias shall be incontinently Awarded whereby the Sheriff shall be commanded to seize the Chattels of the Indictee and safely to keep them till the day of the Capias retorned and if he then also retorn Non est inventus and the Endictee cometh not in the Exigent shall be Awarded and the Chattels shall be forfeited But 25 Ed. 3. St. 5. cap. 14. § 1. N. 5. if he come and yield him or be taken before the retorn of the second Capias then the Goods and Chattels shall be saved unto him Lieu. XX. Lambert 520. And here also the Justices of Peace have power to send into a foreign County 2. For whereas by the Common Law no man could be attached upon an Indictment or Utlary of Felony but only in the County wherein he was Indicted or Outlawed whereby many Evil men were much encouraged 3. The Statute 5 Ed. 3. 11. § 1. N. 2. did take order that Justices assigned to hear and determine Felonies might direct their Writs to any County in England to take such Endictees whither soever they were removed Crompt 149 b. 4. On the other side if the Endictment be found in one County and the Indictee is therein named to be then dwelling in another County supra it appears what Process is to be c. Information XXI Lambert 520 521. The power of making Process upon Informations proceedeth from special Statutes and may not therefore vary from their Directions although they themselves do vary greatly one from another 2. For upon an Information given for the King before Justices of the Peace upon 8 Ed. 4. 2. § N. of Liveries they shall Award such Process as is made upon an Original Writ of Trespass done against the Kings Peace because the Information it self is by force of that Statute instead of an Original Writ Crompt 151. 3. And upon Information made unto them that an Alehouse-keeper hath done any act whereby he hath forfeited his Recognizance they may as supra Award Proces against him to shew Cause why he should not forfeit his Recognizance by 5 6 Ed. 6. 25. § 3. N. 2. but learn if that be meant of a Scire Facias or of some other Process Supplicavit XXII F. N. B. 250. G. And if a Man be Indict of Trespass before Justices of Peace and put in Prison by Process made thereon he may sue a Writ in the Chancery directed to the Sheriff that he take Surety of him to appear before the Justices at the Sessions c. and that he let him at large but the Justices of Peace may let him by Mainprise go at large if they will Certiorari 2. F. N. B. 250. H. And if a Man be Indicted of Trespass before Justices of Peace and be taken and put in Prison therefore he may sue a Certiorari to remove this Indictment in B. R. directed to the Justices of Peace and a Writ of Habeas Corpus directed that he bring the Record at his proper Charges before the King at the same day in his Bench c. Crompt 150. Market overt 3. F. N. B. 250. ◠And if a Man be Indicted of Forestalling and taken and put in Prison therefore he may sue a Writ in Chancery directed to the Sheriff that he take surety of him to appear before the Justices to answer of the Trespass c. and that then he may let him at large Crompt 150. infra Arrest XXIII Lambert Constable 16 17. And as these Officers ought to Arrest those that do make assault upon any private Person so also may they Arrest any such as shall make Assault or Affray upon themselves whilst they be in doing their Offices and may for that purpose both lawfully defend themselves and also take the Offenders and commit them to the Goal or carry them to a Justice of the Peace for the finding of Surety of the Peace 2. But if one do Assault a man in or nigh the High-way to rob him and be taken by the true man or by any other and be brought to the Constable or such other Officer of the Peace then ought such Officer not only to take him to his Ward but also to carry him before a Justice of Peace to cause him to give Surety of his good abearing 3. So if any man do suspect another of Murder or Felony and do declare the same to any such Officer of the Peace then such Officer may Arrest the suspected person and he shall do well do carry him to a Justice of the Peace together with him that doth suspect him to the end that they both may be Examined as appertaineth supra 4. Yea any Constables Borsholders Tythingmen c. may search within the Limits of his Authority for any persons suspected of Felony for it is a chief
Recognizance of the Peace that was taken by him ex officio without any such Writ of Supplicavit as Register 90. 5. But if the Recognizance be not thus removed from the Justices of Peace then may he keep it till the Certiorari come to him for it Infra 6. On the other side if the Recognizance were taken by vertue of his Office then whether it were by his own Discretion or at the Suit and desire of another he must send or bring it in at the next Sessions to the Custos Rotulorum so that the Recognizance may be there called and if he makes default then the same default to be Recorded as is appointed by the said Statute 3 H. 7. 1. § 1. N. 27. Dalt 173. cap. 70. 7. And although the Party that prayed the Peace do not then appear at those Sessions yet is not the default of the Recognizor discharged thereby 39 H. 6. 26. Surety Br. 10. and the Justices may then of Discretion bind him over which also they ordinarily do in some places for two or three Sessions together by order amongst themselves Dalt 174 cap. 71. V. Lambert 110. 111. 112. Release The Justice of Peace that of his own motion compelleth one to give surety of the Peace untill a certain day may by like discretion before that day release it Fitzh 10. Dalt 175. cap. 71. Crompt 139 b. 2. And if it should fortune to be made to keep the peace general without any day limited then would it be construed that it was to continue during the life of the Party bound and then could no Man release it by Fitzh and 21. Ed. 4. 40. 3. If at the Suit of A. the Recognizance should be taken to keep the Peace against A. only and none other then may A. release it either before the same Justice or any other that will Certifie the Release which Certificate being of Record will discharge it but to Release it by his deed is nothing worth by Marrow Dalt 176. cap. 71. 4. And so if it be Versus cunctum populum precipuè versus A. yet may A. after that sort Release it as the Law is now practised in our time Clean against the Opinion of 21 Ed. 4. 40. for albeit that it seem popular so that all others should have equal Interest with A. in it yet was it taken specially say they for his safety as the word precipuè doth argue plain and Peace Br. 17. truly saith That it was used at that time also Dalt 176. cap. 71. 5. But since the Recognizance is made to the King and not to the Party though for his Security and seeing also that by such Release he that ought to remain Bounden shall be at liberty and may do harm while intending to Beat B. he may collude with A. both to pray and Pardon the Recognizance of the Peace I could for my part like better to maintain that old than to Imitate this new Opinion Dalt 177. cap. 71. 6. And now whether the Recognizance be at the Suit of A. or by the meer motion of the Justices in the behalf of A. the King cannot Release or Pardon it before that it be forfeited both for the mischief that may come to A. thereby by Fineux Opinion 11 H. 7. 12. And for that the Recognizance being taken according to the common form as is before set down it is not properly a Debt to the King untill it be forfeited as appeareth 11 H. 4. 43. 1 H. 7. 19. But being once forfeited then he and none other may Pardon the forfeiture for then it is become a Proper Debt unto him Records 7. Now in these Cases the Recognizance may not be cancelled lest peradventure the Peace was broken and consequently the Recognizance forfeited before the time of the Relase made Fitzh 10. Dalt 176. cap. 71. And therefore it shall be the best in such Cases to send to the Sessions the Recognizance and the Release together and that may be done in a few Lines under the Recognizance it self Dalt 173. 174. cap. 70. infra 8. First for the Release of the Justice thus Ego prefat T. W. Miles Qui supra nominatum A. B. ad predictam securitatem pacis inveniend ' ex mea discretione compuli eandem securitatem pacis quantum in me est ex mea discretione 1 Die Aug. c. remisi relaxavi In cujus rei testimonium huic presenti relaxationi meae Sigillum meum apposui Dat. c. And for the Release of the Peace before the same Justice that took it thus Memorand ' quod 1. Die Aug. c. prefatus C. D. venit coram me S. L. gratis remisit relaxavit quantum in se est predictam securitatem pacis per ipsum coram me versus supra nominatum A. B. petitam In cujus rei testimonium Ego prefat S. L. c. Dat. c. But If the Release be made as some think it may before another Justice which hath not the Recognizance then this latter form must be framed accordingly Dalt 176. cap. 71. Appearance VI. Lamb. 112. 113. 114. Furthermore if a Man be bound before a Justice of Peace to keep the Peace against all the Kings People and to appear at the next Quarter-Sessions and do afterwards procure a Supersedeas out of the Chancery testifying that he hath found Surety there against all the Kings People for ever this will Discharge his Appearance at the Sessions because the granting this Supersedeas is the Act of the King which is the Fountain of Justice and controlleth all other derivative Authorities Fitz. 9. Dalt 169. cap. 69. 2. But if that Supersedeas should testifie that he hath found Surety in the Chancery only untill a certain day which day is after those Sessions then Mr. Fitzh thinketh that his appearance at the Sessions shall not be Discharged by the Supersedeas 3. In both these Cases also I would advise the Justice of Peace to send in as well the Recognizance as the Supersedeas if it come to his hands for peradventure the Recognizance was broken before the Supersedeas purchased or if it were not yet he shall be Excused and the Recognizor never a whit the more Endangered thereby 4. Lastly the Death of the King dischargeth the Recognizance of the Peace 1 H. 7. 2. per Curiam so doth the Death of the Recognizor Abatement and so also doth the Death of him at whose Suit it was taken if so be that it were made to keep the Peace against him alone Dalt 177. cap. 71. 5. But although the mainpernors or Sureties dye yet the Recognizance liveth for if the Peace be broken after their deaths their Executors shall be charged with it 21. Ed. 4. 40. Dalt 177. cap. 71. 6. Neither in the former Cases is the Recognizance discharged by such death if it were forfeited before Dalt 177. cap. 71. 7. And therefore here again my Counsel is to send in the Recognizance to the Custos
Piece of Timber away will use dreadfull words as to say that he will carry it in spight of him that hath it or that he will have it though he dye for it or such like his doing may then become a Riot by Marrow Crompt 61 b. § 8. IV. Lambert 178 179 180. Furthermore the Intention and purpose of those that be Assembled is worthy the weighing for to use Horns on Midsomer-night in London or on May-day in the County for sport only is no such Offence seeing no terror followeth it and the words in terrorem populi seem to be material in an Indictment of this kind Crompt 61. § 7. 64. § 43. 3 H. 7. 1. Riots Br. 2. 2. So if the Sheriff or his Bailiff do levy People to serve the Kings Writ of Capias or if a Constable do gather Assistance of Men with weapon to part an Affray it maketh no Riot 3 H. 7. 1. 10. 3. So if a Man hearing that another will fetch him out of his House and beat him do assemble company with force it will be no unlawfull Assembly for his House is his hold and Castle Crompt 64. pl. 42. 70. pl. 2. Dalt 217. cap. 85. 4. But if he be only threatned that he shall be beaten if he go to the Market then may he not assemble Company for his aid because he needeth not to go thither and he may provide for himself by Surety of the Peace 21 H. 7. 39. per Fineux 5. And if many be assembled and none of them knoweth to what end it can make no Rout nor Riot as Marrow thought till the Intent be known for if the Master intend to make a Riot and take his usual Servants with him not foretelling them what he intended to do and then committeth an Outrage with them this is no Riot in them for although he shall be punished they shall be Excused But otherwise it is if he make them privy to his purpose for then they also shall be punished by Marrow and Reported by Dalison Crompt 61 b. 62. § 13. And in the former Case it is not material whether his number of Servants be above his degree or no so long as they be his Menials or Household men Dalison Dalt 220. cap. 86. 6. If many be at an Alehouse a Christmas-Dinner or Church-Ale and without any intent of an Affray they sodainly fall together by the Ears and make it Lapitharum Convivium yet this is no Riot but a sodain Affray because they had no such Intention Crompt 61 b. § 12. But if in that Affray they shall be taken themselves to sundry parts it may become a Riot as Marrow thinketh for then it is not the first but a new Assembly as it were in his meaning 7. And if twelve Jurors being committed to their Keeper do fall out and fight six against six this maketh no Riot saith Marrow because they were lawfully Assembled and were compelled to be in company together 8. But if a number of Women or Children under the Age of Discretion do flock together for their own Cause this is none Assembly punishable by these Statutes unless a Man of Discretion moved them to assemble for the doing of some unlawfull act as M.E. Marrow writeth Dalt 222. cap. 88. Yet I remember well that not many years ago sundry Women were punished in the Star-Chamber and that worthily because putting off that shamefastness which beseemeth their Sex they Arraied themselves in the Attire of Men and assembling in great number they most riotously pulled down a lawful Inclosure Crompt 62. infra 9. Finally Marrow noteth that if the Mayor and Commonalty of a Town do Assemble and make a Rout in their Common Quarel this Offence shall be Judged and punished in their Natural Persons and not in their Body Politick Crompt 62. § 18. V. Lambert 167 168. The Stat. 2 Ed. 3. 3. of Northampton is of late days frequently put in ure for the punishment of forcible Entries Crompt 71 b. 72 a. Poult de Pace 40. § 28. 2. That Law 2 Ed. 3. 3. in Effect and for this purpose is thus No Man whatsoever except the Kings Servants and Ministers in his Presence or in Executing his Precepts or their Offices and such as shall assist them and except it be upon loyal Proclamation made for Arms to keep the Peace and that in places where such Acts do happen be so hardy to come before the Kings Justices or other his Ministers doing their Office with force and Arms. 2 Ed. 3. 3. § 1. N. 2. Nor bring any force in Affray of the Country 2 Ed. 3. 3. § 1. N. 3. Nor go nor ride Armed by night or by day in Fairs or Markets or in presence of the Justices or other Ministers nor in any place elsewhere upon pain to forfeit his Armor to the King and his Body to Prison at the Kings pleasure 3. Upon this Statute 2 Ed. 3. 3. he that is put out or holden out of his Land with force useth to have at this day a Writ directed out of the Chancery either to the Sheriff only as F. N. B. 249. E. rehearseth it for I find it not in the Register or else Custodibus pacis ac Vicecomitibus eorum cuilibet as the common manner is 4. Commanding that Proclamation be made upon 2 Ed. 3. 3. and that if any be afterwards found offending against the same they shall be committed to Prison there to remain untill some other commandment be given concerning them and that their Armor and Weapon shall be prised and the same answered to the use of the Kings Majesty VI. Lambert 168 169 170. But forasmuch as that Justice of Peace to whom this Writ shall be delivered is to make Execution of the same as a Minister only and is to certifie his doing therein I think good to lend these few helps towards it 2. At his coming to the Place where the force is supposed by the Writ he may cause three Oyes for Silence to be made with this or such another Proclamation The Kings Majesties Justice of his Peace straitly chargeth and in his Majesties Name Commandeth all and every Person to keep Silence whilst his Majesties Writ upon the Statute made at Northampton in the second year of King Edw. 3. his noble Progenitor delivered to the said Justice be read and Proclamation be thereupon made accordingly Crompt 72 Ab. 3. Then may he read the Writ or declare the Effect thereof in English After that let three other Oyes be made and thereupon may this Proclamation follow His Majesties said Justice doth in his Highnesses name and by vertue of his said Writ straitly charge and command that no manner of Person of what Estate degree or condition soever now being within the House of A. B. c. named in the said Writ shall go Armed nor keep force of Armor or Weapon nor do any thing there or elsewhere in disturbance of his Majesties Peace or in Offence of the said Statute upon the
Domini Regis 2. Vi Armis viz. Baculis Gladijs Pugionibus Falcastris alijs Armis tam invasivis quam defensivis apud P. in B. predict ' clausum cujusdam L. M. vocat ' Bonehilclose illicite Riotose Routose fregerunt intraverunt decem caractat ' feni ad valentiam quatuor librarum de Bonis Catallis dicti L. M. ad tunc ibid em injustè illicite ceperunt asportaverunt contra pacem dicti Domini Regis contra form ' Statut ' inde Editi provisi Per quod preceptum est J. C. sub-Ballivo quod non omitteret propter aliquam libertatem c. quin Venire Faceret eosdem A. B. C. D. E. F. ad respondend ' c. Posteaque scil ' Diè Lunae proxim post Festum sancti Mich ' Archang Anno Regni Domini Regis c. coram prefatis Justiciarijs venerunt predicti A.B.C. D. E. F. in proprijs personis suis habito Auditu Indictament ' predicti separatim dicunt quod ipsi non sunt inde culpabiles de hoc ponunt se super patriam H. J. qui pro Domino Rege in hac parte sequitur similiter Ideo veniunt inde jurat ' coram Justiciarijs dicti Domini Regis ad pacem in Burgo Parochia predict ' conservandam assignatis c. ad Sessionem Pacis apud B. predict ' die Lunae proximum Post Epiphaniam Domini tunc proximum futurum tenend ' qui c. ad recogn c. qui tam c. idem dies Datus est tam prefato H. J. qui sequitur pro Domino Rege quam prefat ' A.B.C. D. E. F. Ad quas quidem Sessiones Pacis tent ' apud B. predict ' in Com. predict ' dicto Die Lunae proximo Post Festum Epiphaniae Domini Anno Regni Regis c. coram Ballivo dictis F. F.T. D. R. J. socijs suis Justiciarijs dicti Domini Regis ad Pacem in dicto Burgo Parochia Conservandam nec non ad diversas felonias transgressiones alia malefacta in eodem Burgo Parochia perpetrata Audienda terminanda assignatis venerunt tam prefatus H.J. qui pro Domino Rege in hac parte sequitur quam prefat A.B.C.D. E. F. in proprijs personis suis Juratores per sub-Ballivum Burgi Parochiae predict ' ad hoc impannellat ' exacti viz. F. F. Mercer or Draper c. similiter venerunt qui ad veritatem de premissis dicend ' triati Jurati dicunt super Sacrament ' suum quod predict ' A. B. C. D. E. F. Culpabiles sunt eorum quilibet culpabilis est de transgressione contemptu Rioto predict ' in indictamento predict ' superius specificatis modo forma prout superius versus eos supponitur Ideo consideratum est per curiam quod predict ' A.B.C. D. E. F. Capiantur ad satisfaciend ' dicto Domino Regi de finibus suis occasione transgressionis Contemptus Rioti predicti Qui quidem A. B.C. D. E. F. ad tunc ibidem presentes in curia petierunt se ad finem cum dicto Domino Rege occasione predict ' admitti ideo ponant se separatim in misericordia dicti Domini Regis assessat ' finis ejusdem A. B. per Justiciarios predict ' ad 5 l. assessatur finis ejusdem C. D. ad 3 l. c. bonae legalis monetae Angliae ad opus usum dicti Domini Regis Lambert 535 536 Dalt 400. cap. 130. XXXV Lambert 381. And albeit the Power of these Justices be joynt at the Sessions yet to some purpose each one by himself hath a distinct Power also for if one of them sitting in his Judicial place shall see a Riot he may cause the Parties to be Arrested and may also Record the Riot whereby they shall be so concluded as they have none answer to it Justice of Peace Fitz. 9. supra 12. N. 5. infra XXXVI Lambert 494 495. Endictment An Endictment of a Riot without saying Contrà formam Statuti c. is not good as may appear in the Traverse Lambert 535. supra because it is no Riot but by that Statate 13 H. 4. 7. and yet it is not of necessity that the Statute be verbally rehearsed but only that the Offence against the Statute be sufficiently and with full words described Com. 179. infra XXXVII Dalt 109. cap. 46. And yet if one Justice of Peace sitting in a Judicial place as in the Sessions shall see a Riot he may command them to be Arrested and may make a Record thereof and the Offenders shall be concluded thereby supra But if one Justice of the Peace shall see a Riot in another place and shall command them to be Arrested and shall make a Record thereof the Offenders shall not be concluded thereby but may Traverse it supra And yet the Justice may Record it and certifie the same to the next Sessions Kâ—ll 41. XXXVIII Dalt 109. cap. 46. If a Justice of Peace commit a Man to Ward pretending untruly that he did a Riot where he did none the party may have an Action of Trespass against him see 8 Co. 121. supra yet see Judges Br. 2. 10. that an Action will not lye against a Justice or Judge of Record Lambert 316 supra Assemblies XXXIX Lambert 183. The Statute 1 Mar. 1. St. 2. cap. 12. § N. and 1 Eliz. 16. § N. do make three degrees of Riots and Seditious Assemblies in certain special Cases The first consisting of the common number of three Persons and being under the Number of twelve the second of twelve Persons or more and the third of forty Persons and upwards all which are to be punished diversly according to the number intent act and obstinacy of the Parties Assembled wherein there is some imitation of an ancient Law that King Ina made against Thieves whose degrees in Offence he also severed and punished by their Number saying thus that Thieves we call them untill the Number of seven men from 7. a Troop untill 35. and an Army above that Number XL. Lambert 183 184. One Justice of Peace therefore may by vertue of these Statutes 1 Mar. 1. St. 2. cap. 12. and 1 Eliz. 16. make or cause to be made a Proclamation in the Kings Name after three Oyes thus The King our Soveraign Lord chargeth and commandeth all Persons being assembled immediately to disperse themselves and peaceably to depart to their Habitations or to their lawfull Bâ—siness upon the pains contained in the Act lately made against Unlawfull and Rebellious Assemblies And God save the King Dalt 110. cap. 86. 2. And he also may at his discretion assemble his Majesties Subjects to take them and may take them indeed if they disobey Crompt 195 b. pl. 26. and shall be unpunished for the hurting or maiming or Killing of any of them if they make resistance He also is
to take the Declaration of any Person that being moved to any such assembly will within 24. hours after reveal the same unto him XLI Lambert 360. Three Justices of the Peace one of them being of the Quorum may discharge out of Prison any Person committed thither for his Offence in not declaring to a Justice within 24 hours that he was moved to joyn in any unlawful Assembly contrary to the Statute 1 Mar. 1. St. 2. cap. 12. and 1 Eliz. 16. XLII Lambert 367. That Justice of Peace that doth not after request thereof made give attendance upon the Kings Lieutenant of the Shire for the suppressing of any Rebellion or unlawful Assembly shall suffer a years Imprisonment unless there be Cause of reasonable Excuse 1 Mar. 1. St. 2. cap. 12. § N. and 1 Eliz. 16. XLIII Lambert 420 421 422. Enquiry at Sessions if any Persons of or above the Number of twelve have been assembled and have intended gone about and practised with force of Arms unlawfully to change any Laws of this Realm or to cut or cast down any inclosure of Park or inclosed Ground or the Banks of any Fish-pond or any Conduit head or Pâ—pe to the intent they should lay open or void or to have any Common or Way there or to destroy the Deer or Conies in any Park or Warren or Dâ—ve houses or Fish in Pool or in Pond Or to cut down any Houses Baâ—â—s Mills or Bays or to burn any Stack of Corn or Grain or other usual Sustenance of men And being commanded by the Sheriff or any Justice of the Peace of the Shire or by the Mayor Sheriff Justice of Peace or Bayliff of the City Borough or Corporate Town where the Assembly was by Proclamation in the Kings Name to depart to their Houses have notwithstanding continued together one hour after or have after that forcibly attempted to do any such thing 2. And if any Person have unlawfully by ringing of Bells Sounding of Trumpet Drumm Horn or other Instrument or by firing of Beacon or by Malitious Speech or Outcry or by Setting up or casting any writing or by any other Act raised or caused to be raised twelve Persons or above in such manner and to any such intent as is aforesaid and they being commanded by Proclamation as before have nevertheless continued together one hour after or have afterward attempted forceably to do any of the said things 3. And if any the Wife or Servant of any the said Assembled Persons or if any other Person have willingly and without compulsion delivered or conveyed Mony Harness Weapon or Victual to any of the said Persons Assembled during their abode together as before 4. and if any Person have hindred or hurt any that did Proclaim or went to Proclaim as before and if any of the Parties Assembled knowing of that hinderance or Procuring it have nevertheless afterwards committed or put in ure any the things aforesaid 5. And if any Persons to the Number of Forty or more so have assembled to the intent to do any the said things or any other Felonious or Rebellious Act and have continued together three hours after such Proclamation made at or nigh the place of Assembly or in some Market Town next adjoyning and after notice to them thereof given 1 Mar. 1. St. 2. cap. 12. § N. 1 Eliz. 16. XLIV Lambert 439. Enquiry in Sessions if any Persons to the number of three or above have been riotously Assembled to beat any man to enter upon a Possession or to do any such unlawful Act and have done it indeed or attempted to do it or have been assembled together in Routs for any common Quarrel or otherwise unlawfully against the Kings Majesties Peace 2 H. 5. 8. Commission under the name of Conventicles 2. If any Persons above the number of two and under twelve being assembled have intended unlawfully with force to murder or slay any of the Kings Subjects or to cut and cast down any inclosure or Banks of any Fish-pond or Conduit-head or Pipe or to do any the deeds mentioned in unlawful Assemblies before 1 Mar. 1. St. 2. cap. 12. 1 Eliz. 16. § N. and have not departed upon Proclamation but have attempted to do any of these things 3. Or if any Person being moved to make any Rebellious Assembly have not within 24. hours after disclosed the same to a Justice of Peace or to the Sheriff or if any Person have stirred or procured any other to make such Assembly 1 Mar. 1. St. 2. cap. 12. 1 Eliz. 16. Crompt 168. Ab. XLV Lambert 605. The Act of Rebellious Assemblies or the effect thereof ought to be openly read at every Quarter-Sessions 1 Mar. 1. St. 2. cap. 12. 1 Eliz. 16. XLVI Lamb. Precedents 13. pl. 34. An Endictment upon a Rebellious Assembly Juratores pro Domino Rege presentant quod primo die Mensis Octobr. Anno Regni Domini Jacobi c. A. B. C. E. F. c. to the Number of 13. with Additions apud quendam locum infra Parochiam de O. in Com. predict ' Angl ' vocat ' le Old Court inter horas decimam undecimam ante meridiem ejusdem diei Vi Armis tam invasivis quam defensivis viz. Gladis Pugionibus Baculis Arcubus Sagittis Runicis ferre Ferreis Tormentis seipsos Congregaverunt Assemblaverunt ac tunc ibidem intenderunt conati sunt Practicaverunt Vi Armis illegitimè ex authoritate sua propria secare prorsus evertere prosternere ac destruere quoddam caput unius Aquaeductus Angl ' vocat ' a Conduit-head tunc ibidem in fundo cujusdam R. S. de O. predict ' in Com. predicti Generosi existent ' cursum aquae in ipso habens ea intentione ut idem caput Aquaeductus predict ' ex tunc apâ—rtum vacuum remaneret ac Jaceret Et ulterius quod super querimonia inde sacta coram T. W. uno Justiciariorum Pacis dicti Domini Regis in Comitatu predict ' omnes singuli predict ' A. B. C. D. E. F. c. tunc ibidem per eundem Justiciarium requisiti sunc ac jussi per Proclamationem in nomine dicti Domini Regis tunc ibidem per eum palam factam ad habitationes Loca Domos suas unde venerant se inde in Pacifico modo tetrahere retirare discedere reverti quae quidem Proclamatio tunc ibidem modo forma sequentibus habita facta est viz. predict ' T. W. Justiciarius tunc ibidem fecit alta voce unam Oyes ad tunc ibidem immediate haec verba Anglicana sequentia Palam alta voce pronunciavit dicens scilicet The King our Soveraign Lord chargeth and commandeth all Persons being assembled immediately to disperse themselves and peaceably to depart to their Habitations or to their lawfull Business upon the pains contained in the Act lately made against unlawfull and Rebellious Assemblies and God save the King Et ulterius Juratores
1. § 30. N. 1. The Treason of putting in ure any Instrument of Reconciliation gotten from the See of Rome 13 Eliz. 2. The Treason of absolving or withdrawing his Majesties Subjects from their natural Obedience 23 Eliz. 1. Dalt 228. cap. 89. II. Lambert 405 406 407. tit Pope Enquiry in Sessions if any Person have within this half year by writing printing teaching preaching express deed or act advisedly maliciously and directly affirmed holding set forth or defended the Authority Preheminence Power or Jurisdiction Spiritual or Ecclesiastical of any Foreign Prince or Person whatsoever heretofore claimed used or usurped in this Realm or any the Kings Dominions 2. Or have advisedly maliciously and directly put in use or executed any thing to the extolling setting forth or defence of any such pretended or usurped Jurisdiction Preheminence or Authority or any part thereof 3. Or if any Person compellable to take the Oath of Recognition of the King's Majesty to be Supream Governour in all Cases within his Dominions have refused to take the said Oath after lawful tender thereof to him made 4. If any Person under the King's Obedience have at any time within this year by writing cyphering printing preaching or act advisedly holden or stood with to extoll or defend the Power of the Bishop of Rome or of his See heretofore claimed or usurped within this Realm 5. Or by any speech open deed or act advisedly attributed such manner of Authority to the said See of Rome or to the Bishop thereof within any the King's Dominions ye shall present him his Abettors Procurors Counsellors Aiders and Comforters 5 Eliz. 1. 6. If any Person have by any means practised to absolve perswade or withdraw any other within the King's Dominions from their natural Obedience or for that intent from the Religion now establisht here to the Romish Religion or to move them to promise Obedience to the See of Rome or other Estate 7. Or if any Person have been willingly absolved or withdrawn or have promised such Obedience 23 Eliz. 1. 8. And if any Person have willingly aided or maintained any such Offendor or knowing such Offence have concealed it and not within the twenty days disclosed it to some Justice of Peace or other higher Officer 23 Eliz. 1. III. Lambert 506. And therefore Justices of Peace may only Enquire of certain the Offences against 1 Eliz. 1. 2. 5 Eliz. 1. 13 Eliz. 2. touching the knowledging the King's Supremacy or the Service of God or coming to the Church or the establishment of true Religion as you may see 23 Eliz. 1. Dalt 54. cap. 20. 2. And they may only Enquire of any the Treasons or Misprisions of Treasons made by the same Act 23 Eliz. 1. Coron Fitz. 360. Br. 257. 9 H. 4. 1. pl. 1. IV. Crompt 21. pl. 3. Nota That the Justices of Peace may Enquire of Murder or Petty Treason because their Commission § 6. is De omnibus Feloniis see 6 H. 7. 5. pl. 4. tit Coron 31. Leet Br. 12. 2 Inst 31â— Dalt 234. cap. 91. V. Poult de â—â—ce 173. § 10. That 33 H. 8. 23. § N. is Repealed by 1 2 Phil. Mar. 10. § N. touching the Indictment and Trial of Traitors for they are to be indicted and tried in the County where the Offence was Committed or by the Freeholders of that County according to the Course of the Common Law notwithstanding that they have confessed their Offences before three of the King's Counsel Trespass Affray Peace Force Riot Maihem I. LAmbert 424. Enquiry at Sessions If any Person have maihmed another of any Member whereby he is the less able to fight as by putting out his eyes striking off his hand finger or foot beating out his fore-teeth or breaking of his skull and of their Accessories 2. If any have Committed unlawful Assault beating wounding or such like Trespass against the Body of any Man 3. Or have with Force and against the Law taken the Goods of another or have done any Trespass in the Lands of another this is in the Commission of the Peace II. Lambert 301 302. The Justice of Peace where the Hedge or Pale-breaker cutter of Corn or Wood robber of Orchard or Garden and such like is apprehended or the Offence is committed may upon the Testimony of one sufficient Witness upon Oath cause the Offender to pay Damages and to be whipped by the Constable 43 Eliz. 7. Dalt 21. cap. 6. Crompt 96. Trials see Proof Troop see Riot Travellers see Ways Treasure see Money Truce see Admirals Trunks see Fish Tumults see Riot Turn see Sheriffs Vagabonds and Vagrants see Poor Venire Facias see Enquest Process Vessels see Measures Victuals I. LAmbert 448 449 451. Enquiry in Sessions if any Butcher Fishmonger Innholder Tipler Brewer Baker Poulterer or other Seller of Victual have not sold the same at reasonable prices and for moderate gains 23 Ed. 3. 6. 13 Rich. 2. 8. 2. If any Butchers Bakers Brewers Poulterers Cooks Fruiterers or any Mystery of any of them have conspired or taken any Oath or Promise not to sell but at prices certain agreed between them 2 3 Ed. 6. 15. 3. If any Butcher have sold or offered to sell Swines-flesh meezled or any Flesh that died of the Murrain or if any other Victualler have sold or offered to sell any corrupt or unwholsom Victual 51 H. 3. pag. 13. cap. 7. § 3. N. 1. infra Crompt 87 b. 4. If any Person have bought to sell again any Butter or Cheese unless it be in open Fair or Market by retailing it after the weigh of Cheese and Barrel of Butter or after a less quantity or unless it be Victuallers for that which shall be retailed or spent in their Houses 3 4 Ed. 6. 21. 5. If any Innholder Taverner Alehouse-keeper Common Victualler Common Cook or Common Table-keeper hath uttered or put to sale any kind of Flesh Victual upon any day in the time of Lent or upon any Sunday Saturday or other day appointed by former Law to be Fish-day not being Christmas-day except it be to such Person as resorting to such House had lawful Licence to eat the same according to the Statute thereof made 5 Eliz. 5. § 14. N. 1. 6. If any Person other than by reason of Age Sickness Childing or Licence have within this year eaten Flesh in Lent or upon any Fish-day observed by the Custom of this Realm 5 Eliz. 5. § 15. 35 Eliz. 7. 1 Jac. 29. II. Crompt 87 b. Enquiry in Sessions of Butchers that sell Swine-flesh meezled or Flesh that dieth of the Murrain for the first time he shall be grievously Amerced for the second time shall be put on the Pillory and for the third Offence shall be imprisoned and make a Fine and the fourth time he shall forejudge the Vill 31 Ed. 1. Incert ' temps pag. 85. cap. 7. de Pistoribus Braceatoribus c. Justice of Peace may Enquire of this Offence by their Commission
be deprived of the benefit of Law for so much in effect do the words of the Commission Import in them Quousque Capiantur reddant se aut utlagentur 2. It followeth that in all Cases of Endictments if the Party be retorned insufficient the Process of Utlary lyeth against the Offender if he be not taken before or do not otherwise offer and yield himself 3. And then the Power of the Justices endeth with the Utlary for they can make no Capias utlagatum but must certifie the Utlary into the Kings Bench. Wages see Fees Apprentice Ways Chemin Bridges Streets Cawseys Highways Post-Office I. LAmbert 300. Thus supervisors for amendment of the Highways ought within one Month next after any Offences done by any against the Acts of 2 and 3 Ph. and Mar. 8. and 5 Eliz. 13. to present that Offence to the next Justice of the Peace and thereupon he ought to certifie the same at the next General Sessions within the same County 2. The Occupier of any Iron-work for every load of Coal or Myne and also for every Tun of Iron that he shall cause to be carried in any year between the 12 of October and the first of May by the space of one mile in the Highways within the Weilds of Sussex Kent or Surry shall for every three such Loads and also for every such Tun pay to the Justice of Peace dwelling near to the Places in that County where the High-ways shall be most Annoyed or to his Assigns three shillings in Mony the same in default of such payment to be levied by distress by such Justices or his Assignee of any the Goods of the Party Lambert 471. 3. And such Occupier for every 30 Loads of Cole and Myne or of either of them and for every ten Tuns of Iron carried in the said High-ways between the first of May and 12 of October in any year shall lay one load of Cynder Gravel Stone or Chalk in places to be appointed by such Justice or else shall pay within eight days after demand at every such Iron-work 3 s. for every such Load to the hands of such Justice who upon default of payment shall levy the same by distress the same Moneys to be likewise bestowed by such Justice upon the same High-ways at his discretion And such Justice may yearly within forty days next after May-day assign the places for bestowing the said Cynder Gravel Stone Chalk or Moneys therefore 39 Eliz. 19. Justices II. Lambert 331. By the oversight of any two Justices and 12. discreet Men of the Hundred and Hundreds adjoyning any Person within the Weild of Kent may make in his own Land a new High-way more commodious than the old 14 H. 8. 6. § N. Crompt 198 b. Justices III. Lambert 354. Two Justices of the Peace whereof one to be of the Quorum which were present at the Session wherein any Person was Convicted for any Offence against this Statute 39 Eliz 19. of Highways within the Weild of Kent Surry or Sussex may make Warrant for levying the forfeits thereof to any Officer and they also may appoint by their Discretion such ways and means to levy the Doubles for not paying those Forfeits within 20 days next after lawful demand of the same by such Officer Bridges IV. Lambert 361 362. Four Justices of Peace whereof one to be of the Quorum may where a decayed Bridge is and where it cannot be proved who or what Lands be chargeable to the repairing thereof Tax the Inhabitants make Collectors and appoint Overseers for the amendment of the same Crompt 200 b. 22. H. 8. 5. Nusans V. Lambert 434. Enquiry in Sessions if any Lord of the Soil have not enlarged the High-way from Market to Market so that no Dyke Bush nor Tree except great Trees be within 200 Foot of each side thereof 13 Ed. 1. St. 2 cap. 5. § 1. N. 1. Winch. Constables VI. Lambert Constable c. 30. § 26. The Constables of Hundreds and of Franchises ought to make Presentment to the Justices of Peace and to all other Justices thereto assigned of the defaults of Watches and of the defaults of the Kings High-ways not so enlarged as no Ditches Underwood or Bushes be within 200 foot on every side of the same c. Articles on Winch. 34 Ed. 1. St. 2. pag. 71. § 1. N. 9. 10. Crompt 82 b. 94 a. Bridges VII Lambert 469 470 471. Enquiry in Sessions if any Bridges in the High-ways being out of the Cinque Ports and Members thereof be broken or decayed to the annoyance of Passengers and if there be then what Hundred City Town Parish or Person certain or Body Politick ought of right to repair or amend the same 22 H. 8. 5. § N. 9 H. 3. 15 Crompt 125. Overseers 2. If the Constables and Church-Wardens of any Parish have not in Easter-week called their Parishioners together and appointed Overseers of the works for Amendment of the High-ways leading to any Market or have not appointed the six days for that work And if any such Overseers have refused the charge Dalt 67. cap. 26. Tâ—xes 3. And if any Person having a Plowland in Tillage or Pasture or keeping a Draught or Plow have not found one Wain or Cart furnished to work Eight hours every of the said days 18 Eliz. 10. § 4. N. Crompt 82. Or if any other Person being assessed in Subsidy to 5 l. in Goods or 40. s. in Lands have not likewise found two able Men Crompt 82 b. Or if any other Housholder or Cottager have not by himself or any other so wrought every of the same days Crompt 82 b. 4. If the Hedges Ditches Trees and Bushes Words in and on each side of any such High-way be not kept low secured and cut down by the Owners of the Grounds adjoyning If any such Overseer have not within one Month after any of the said Offences done presented the same to the next Justice of the Peace Crompt 82 b. Dalt 67. cap. 26. And if any Person occupying Land adjoyning to any such high High-way have cast the scowring of any Ditch thereof into the High-way 5. If any Bayliffs Constables Surveyors Forfeiture or Church-Wardens have not levyed the forfeiture for Offences aforesaid and employed them upon their said High-ways and accounted thereof 2 and 3 Ph. and Mar. 8. Crompt 183 Ab. 5 Eliz. 13. and 18. Eliz. 10. and 27 Eliz. 19. VIII Lambert 500. Justices In some Cases therefore these Justices of Peace may hear one another for every Justice of the Peace may upon his proper knowledge make Presentments at the Sessions of any Offence done against 2 and 3 Ph. and Mar. 8. and 5 Eliz. 13. concerning the Amendment of High-ways and in this and such like Cases his Report hath the force of a Presentment of 12 Men so that he and his Fellows may proceed upon it 21 H. 6. 5. Dalt 67. cap. 26. IX Lambert 576 577. Process
Authority of this present Parliament 4 H. 7. C. 12. Item The King our Soveraign Lord considereth that by the negligence Justices misdemeaning favour and other Inordinate Causes of Iustices of Peace in every Shire of this his Realm the Laws and Ordinances made for the politick-weal peace and good-rule of the same and for the profit surety and restful living of his Subjects of the same be not duly Executed according to the tenor and effect of that they were made and ordained for § 1. N. 2. Wherefore his Subjects been greivously hurt Prerog and out of surety of their Bodies and Goods to his great displeasure for to him is nothing more joyous than to know his Subjects to live peaceably under his Laws and to encrease in Wealth and Prosperity § 1. N. 3. And to avoid such Enormities and Injuries Peace so that his said Subjects may live restfully under his Peace and Laws to their Encrease § 1. N. 4. He will that it be Ordained and Enacted by Authority of this said Parliament Days that every Iustice of Peace within every Shire of this Realm within the Shire where he is Iustice of Peace do cause openly and solemnly to be proclamed yearly four times a year in four principal Sessions the tenor of this Proclamation to this Bill annexed § 1. N. 5. And that every Iustice of Peace being present at any of the said Sessions Justices if they cause not the said Proclamations for to be made in form abovesaid shall forfeit unto our Soveraign Lord at every time twenty shillings § 2. N. 1. Henricus Dei Gratia c. The King our Soveraign Lord considereth Execution how daily within this Realm his Coin is Traiterously Counterfeited Murders Robberies Felonies been greivously committed and done and also unlawful Reteyners Idleness unlawful Plays Extortions Misdemeanings of Sheriffs Escheators and many other Enormities and unlawful Demeanings daily grown more and more within this Realm to the great Displeasure of God Hurt and Impoverishing of his Subjects and to the Subversion of the Policy and good Governance of this his Realm for by these sad Enormities and Mischeifs his Peace is broken his Subjects troubled inquieted and impoverished the Husbandry of this Land decayed whereby the Church of England is upholden the Service of God continued every man thereby hath his sustenance every Inheritor his rent for his Land Process For repressing and avoyding of the said mischeifs sufficient Laws and Ordinances been made by Authority of many and divers Parliaments holden within this Realm to the great cost of the King § 2. N. 2. his Lords and Commons of the same and lacketh nothing but that the said Laws be not put in due execution which Laws ought to be put in due execution by the Iustices of Peace of every Shire of this Realm to whom his Grace hath put and given full authority so to do sith the beginning of his reign Justices And now it is come to his knowledg § 2. N. 3. that his Subjects be little cased of the said mischeifs by the said Iustices but by many of them rather hurt than helped and if his Subjects complain to these Iustices of Peace of any wrongs done to them they have thereby no remedy and the said mischeifs do increase and be not subdued Peace And his Grace considereth § 2. N. 4. that a great part of his wealth and prosperity of his Land standeth in that that his Subjects may live in surety under his Peace in their bodies and goods and that the Husbandry of this Land may increase and be upholden which must be had by due execution of these Laws and Ordinances chargeth and commandeth the Iustices of the Peace of this his Shire to endeavour them to do and execute the tenor of their Commission and the said Laws and Ordinances ordained for the subduing of the premises as they will stand in love and favour of his Grace and in avoyding of the pains that are ordained if they do the contrary Process And moreover he chargeth and commandeth § 2. N. 5. that every man what degree or condition that he be of that let them in word or deed to execute their said authority in any manner and form abovesaid that they shall shew it to his Grace and if they do it not and it come to his knowledg by other than by them they shall not be in his favour but taken as men out of credence and be put out of Commission for ever Execution And over this he chargeth and commandeth all manner of men as well the poor as the rich which be to him all one in due ministration of Iustice that is hurt or grieved in any thing § 2. N. 6. that the said Iustice of Peace may hear determine or execute in any wise that he so grieved make his complaint to the Iustice of Peace that next dwelleth unto him or to any of his fellows and desire a remedy Justices And if then he have no remedy § 2. N. 7. if it be nigh such time as his Iustices of Assizes come into that Shire that then he so grieved shew his complaint to the same Iustices Chancery And if then he have no remedy § 2. N. 8. or if the complaint be made long afore the coming of the Iustices of Assize then he so grieved come to the Kings Highness or to his Chancellor for the time being and shew his grief Process And his said Higness then shall send for the said Iustice to know the cause why his said Subjects be not eased and his Laws executed § 2. N. 9. whereupon if he find any of them in default of executing of his Laws in the premises according to his Highness commandment he shall do him so offending to be put out of the Commission and further to be punished according to his merits Justices And over that his said Highness shall not let for any favour § 2. N. 10. affection cost charge nor other cause but that he shall see his Laws to have plain and true execution and his Subjects to live in surety of their lands bodies and goods according to his said Laws and the said mischeifs to be avoyded that his Subjects may increase in wealth and prosperity to the pleasure of God Measures And that the Iustices of Peace of every Shire of England have full authority and power to inquire hear 7 H. 7. cap. 4. § 1. N. 12. or determine the said defaults viz. in Weights and Measures c. Games And that the Housholder where Dicing Carding Tennis-playing 11 H. 7. C. 2. § 1. N. 14. Bowls Clash or any other unlawful games afore rehearsed shall be used owise than is afore rehearsed viz. in Christmas in the presence of the Master and that lawfully be presented before the Iustices of Peace the Mayor Sheriff in his Turn
1. Provided always that this Act nor any thing therein contained shall be hurtful or prejudicial to the Barons or other Inhabitants of the Five Ports or of their Members neither to any Grant Liberty or Franchis heretofore made by the King c. Or any his Progenitors Kings of England to the said Barons or other Inhabitants their Ancestors or Predecessors or any of them Cinque Ports LXXIII 22 H. 8. 12. § 9. N. 2. And that it be Enacted c. that all and every Mayor and Mayors and Bailiff and Bailiffs Electife and Elected by the Commons and Inhabitants of every Town and place of the said Ports and Members shall have like Authority within every such Town and place where they or any of them be or shall be Mayor or Baliff or Jurate to put or cause to be put this Act in due Execution as the Justices of Peace in any County of this Realm have or shall have Authority and power by this Act to do where they be Justices Cinque Ports LXXIV 22 H. 8. 12 § 9. N. 3. And that the Inhabitants within every Town within the said Ports shall be bounden to the Execution of this Act like as other Inhabitants be without the said Ports upon like pain as is above remembred Cinque Ports LXXV 22 H. 8. 12. § 9. N. 4. And if any person c. which shall Inhabit within the said Five Ports or Members be impotent or other Idle person do hereafter begg without the said Five Ports or Members of the same Contrary to this Act that then every such person shall be ordered and punished according to this Act any thing in this Proviso to the contrary notwithstanding Seals LXXVI 22 H. 8. 12. § 10. N. 1. And it is ordained and Enacted that the Seals above rehearsed shall be made at the costs and charges of the Justices of Peace Mayors Sheriffs Bailiffs and other Officers above written on this side the Feast of the Nativity of Saint John Baptist next comeing that is to say that every of them shall do the said Seals to be made within the limits of their Division Jurisdiction and Authority LXXVII 22 H. 8. 12. § 11. N. 1. And it is also Ordained and Enacted that every Letter to be made by the Authority of this Act License whereby any Impotent Begger shall be authorized and assigned to beg shall be made in this form ensuing LXXVIII 22 H. 8. 12. § 12. N. 1. Kanc ' ss Memorandum that A. B. of Dale License for reasonable considerations is Licensed to beg within the Hundred of P. K. and L. in the said County given under the Seal of that limit tali die anno LXXIX 22 H. 8. 12. § 13. N. 1. And that every such Letter that shall be made and delivered to such Begger or Vagabond License after he hath been Whipped by Authority of this Act shall be made in this wise following LXXX 22 H. 8. 12. § 14. N. 1. Kanc ' ss I. S. Whipped for a Vagrant License strange Begger at Dale in the said County according to the Law 22 day of July in the 23 year of King H. 8. was assigned to pass forthwith and directly from thence to Sale in the County of Middlesex where he saith he was born or where he last dwelled by the time of three years and he is limited to be there within fourteen days next ensuing at his peril or within such number of days as to him shall be limited by the discretion of the maker of the said Letter in Witness whereof the Seal of the limit of the said place of his punishment hereunto is set 39 Eliz. 4. § N. LXXXI 22 H. 8. 12. § 15. N. 1. And it is enacted that every such Letter shall be made at the equal costs of such the said Justices Mayors Sheriffs License Bailiffs or other Officers within whose Jurisdiction Powers and Authorities the said Begger and Vagabond shall be whipped or limited to beg in by Authority of this Act and every such Letter shall be subscribed with the hand of one of the said Justices Mayors Sheriffs Baliffs or other Officers in this form following per me A. B. unum Justiciariorum pacis or Majorem Civitatis or Ballivum villae or Constabularium talis hundredi or else in like form in English LXXXII 22 H. 8. 12. § 16. N. 1. And it is further Enacted Imprisonment that every such person c. As have the Custody of any Goals within any Shire City Borough or Town Corporate on this side the Feast of Saint John the Baptist shall do make a Seal engraven with the name of the Castle Prison or Goal which he keepeth LXXXIII 22 H. 8. 12. § 16. N. 2. And in Case any person Fees c. That at any time after the said Feast of Saint John shall be delivered out of any Goal or Prison for suspitions of Felony by Proclamation or be acquit of any Felony and hath no friends to pay his fees nor was born within the Hundred or place where he shall happen to be so delivered nor can get him no Master there to abide and work with shall have liberty to beg for his fees by the License of his Keeper by the space of six Weeks next after such deliverance and after that to be compelled to go to the Hundred where he was born or last dwelled by the space of three years within such time as shall be limited by one of the Justices of Peace Mayors Seriffs Bailiffs or any Officers where such deliverance shall be had 27 H. 8. 25. 26 § 6. LXXXIV 22 H. 8. 12. § 17. N. 1. And it is enacted that every such person so delivered shall have a Letter made to him by the Clerk of the Peace of the Shire within the which he was delivered License if he be delivered in the Shire and if he be delivered in any City Borough or Town Corporate then he to have a Letter of the Common Clerk of every such City Borough or Town where he is delivered every such Letter witnessing the day of his deliverance and the place where he was delivered and afore whom and the time appointed to him to beg for his fees and the place to which he shall be assigned to repair unto in case he can get no Master to fall to Work where he was delivered and to every such Letter the said Goaler or Keeper of Prison out of the which such person shall be delivered shall put the Seal limited to be made as is aforesaid for the said Prison and that every such Letter shall be made in this wise following License LXXXV 22 H. 8. 12. § 18. N. 1. Essex ' ss the 20 day of July Anno Regni Regis H. 8. 23. I. S. was delivered for Felony out of the Goal of Dale in the said County at the Sessions holden afore A. B. and his Fellows at Sale the day and year aforesaid
within the said Parish where he or she shall inhabit and dwel Taxes CCLVIII. 5 Eliz. 3. § 8. N. 3. And if the said person so seised and taxed shall refuse to pay the summ that shall be so reasonablly limited taxed and appointed then the said Justices of Peace or two of them whereof one to be of the Quorum or the said Mayor Bailiff or other Head-Officers of every such City Borough or Town-Corporate shall have full power and Authority by vertue of this Act upon complaint and certificate to them by the Collectors and Church-wardens of the same Parish where the said obstinate person shall dwell to commit the said obstinate person and persons so refusing to pay to Prison to the next Goal there to remain without Bail or mainprise till he or they have paid the said summ so appointed taxed and limited together with the Arrears thereof if any such shall fortune to be Certificate CCLIX 5 Eliz. 3. § 10. N. 6. And if the said Justices of Peace shall fail to appoint a day and time for inspection of the said poor and examination of the said Certificators viz. 2 3 Ph. Mar. 5. § 7. N. 4. within one month next ensuing the day of the receit of the said certificate or shall grant or give License to any person or persons so certified to go abroad and beg before such time as they shall have viewed and seen the said poor persons and have received Oath of the persons that so certified that the said poor persons for age impotence or sickness in their Consciences and to their knowledge are not able by any work or labor to earn them necessaries meat drink and cloth and the same deposition put in writing subscribed or marked by the persons deposed to forfeit for every such default 10 l. to be imployed to the use of the poor of any parish or parishes within the said County where the said Justices dwell at the oversight and appointment of the Bishop or his Chancellor of the same Diocess to be levyed in sort and form as other forfeitures in this Statute are appointed Justices CCLX 5 Eliz. 3. § 11. N. 1. And be it further Enacted that where any the said Cities Boroughs Towns-Corporate or Parish so charged is Situate and standing in one County or two Counties of this Realm or Situate and standing in one and immediatly adjoyning to another County of the Realm as the City of Bristol and the Town of Ludlow and Stanford stand that in those Cites the Parson Vicar and Curate of the said Parish and the said Mayor Head-Officers and Inhabitants of every such City Borough Town-Corporate and Parish shall make certificate unto the Justices of the said Counties adjoyning to the same Cities Boroughs Towns-Corporate and Parishes and the same Justices of the said adjoyning County or Counties to do give License and follow the order above remembred according as other Justices of the Counties in which the Parish surcharged standing is limited and Authorized to do 2 3 Ph. Mar. 5. § 8. N. 1. Continuance CCLXI 5 Eliz. 3. § 13. N. 3. This Act to indure to the latter end of the first Session of the next Parliament 13 Eliz. 25. § 12. N. 2. Incumbent CCLXII 5 Eliz. 3. § 16. N. 1. Provided always and be it further Enacted that the Curate Minister or Reader together with the Wardens of every Chappel of Ease and where no Wardens are the Warden or two of the chiefest of the Inhabitants resorting and frequenting the said Chappel of Ease for hearing divine service the same inhabitants to be nominated and chosen by the same Curate Minister or Reader Officer CCLXIII 5 Eliz. 3. § 16. N. 2. And also the Collectors and all and every other person and persons to whom in this behalf it shall appartain by force of this Statute shall do execute perform and be lyable to all and every such ordinance clause article sentence and penalties specified and contained in this present Act for and towards the releif of the poor in like manner and form as the Vicar Curate Church-wardens and Collectors of every Parish Church shall may or ought to do by force of this Act according to the purport and true meaning of the same and not be compelable to come or resort to their Parish Church for the same only purpose or intent any thing in this Act before specified to the contrary notwithstanding CCLXIV 5 Eliz. 3. § 17. N. 1. Provided also that this Act Charity or any thing therein contained shall not in any wise extend or be prejudical to any Gift Legacy Conveiance or Assignment of any manner of Lands or other profit heretofore Given Assigned or Bequeathed to the relief of the Poor reparation of Highways or Bridges upon any manner of condition but that the same shall be imployed converted bestowed and accounted for in such manner and form and upon such condition as the same lawfully was or ought to be before the making of this Act. CCLXV. 5 Eliz. 20. § 3. N. 1. And yet moreover Aegyptians viz. Beside 1 2 Ph. Mar. 4. be it Enacted c. that all c. which c. shall be seen or found within this Realm of England or Wales in any Company or Fellowship of Vagabonds commonly called c. Aegyptians or counterfeiting c. Aegyptians and that shall or do continue and remain in the same either at one time or at several times by the space of one month c. shall by vertue of this Act be deemed and Judged a Felon c. CCLXVI. 13 Eliz. 17. § 1. N. 2. For the better perfection and doing whereof viz. Of a Meason de Dieu c. be it Enacted Hospital c. that the said Robert Earl of Leicester his Heirs Excutors or Assigns at his or their Wills and Pleasures shall have full power strength license and lawful Authority to erect found and establish one Hospital or Meason de Dieu within the said Town of Warwick or else within the said Town of Kenelworth at his or their choice and election for the finding sustentation and relief of poor needy and impotent people to have a continuance for ever CCLXVII 14 Eliz. 5. Where all the parts of this Realm and Wales Vagabonds be presently with Rogues Vagabonds and Sturdy Beggers exceedingly pestered by means whereof daily happeneth in the same Realm horrible Murders Thefts and other great Outrages to the high displeasure of Almighty God and to the great annoiance of the common-weal 35 Eliz. 7. § 24. N. 1. CCLXVIII 14 Eliz. 5. § 1. N. 2. And for avoiding confusion by reason of numbers of Laws concerning the premisses standing in force together Parliament CCLXIX 14 Eliz. 5. § 1. N. 3. Be it Enacted that the Statute Continuance c. viz. 22 H. 8. 12. and one other Act c. viz. 3 4 Ed. 6. 16. and one other Act c.
viz. 5 Eliz. 3. and every Branch Article Clause and Sentence in them and every of them contained shall be from and after the Feast of Saint Bartholomew the Apostle next coming utterly void frustrate and of none effect CCLXX. 14 Eliz. 5. § 2. N. 1 Be it also Enacted Nusans c. as well for the utter suppressing of the said outragious enemies to the common-weal as for Charitable relieving of the aged and impotent poor people in manner and form following CCLXXI. 14 Eliz. 5. § 2. N. 2. First that all and every person and persons whatsoever they be being above the age of fourteen years Infant being hereafter set forth by this Act of Parliament to be Rogues Vagabonds or sturdy Beggers and be at any time after the Feast of Saint Bartholomew the Apostle next coming taken Begging in any part of this Realm or taken Vagrant wandring and misordering themselves contrary to the purport of this present Act of Parliament in any part of the same shall upon their apprehension be brought before one of the Justices of the Peace or Mayor or Cheif-Officers of Cities Boroughs or Towns-Corporate within the County City Borough or Town-Corporate where the Apprehension shall happen to be Imprisonment CCLXXII 14 Eliz. 5. § 2. N. 3. And by the said Justice or Head-Officer to be presently committed to the common Goal of the said County being apprehended within the County or else such other place as by the Justices of Peace of that County or three of them at any their general Sessions shall be appointed Corporation CCLXXIII 14 Eliz. 5. § 2. N. 4. And if he be taken within any City Borough or Town-Corporate then to be committed to the said City Borough or Town Corporate Bail CCLXXIIII 14 Eliz. 5. § 2. N. 5. There to remain without Bail or Mainprize until the next Sessions of the Peace or general Goal-Delivery for the said Shire City Borough or Town-Corporate to be holden which shall first happen Constable CCLXXV 14 Eliz. 5. § 2. N. 6. And the Constables or other Officers for the conveying of such Rogue or Vagabond by Commandment of the said Justices to have such reasonable charges for themselves and the Prisoner from time to time born by the Parish or Parishes where the said Rogue or Vagabond shall happen to be taken as to the discretion of the Justices of Peace present at the next Assizes or at the Sessions of the Peace then next kept within the limit where the Prisoner is apprehended shall seem convenient Sessions CCLXXVI 14 Eliz. 5. § 2. N. 7. At which Sessions or Goal-delivery if such person or persons be duly convict of his or her Roguish or Vagabonds trade of Life either by Inquest of Office or by the Testimony of two honest and credible Witnesses upon their Oaths that then immediately he or she shall be adjudged to be grievously whipped and burnt through the Gristle of the right Ear with an hot Iron of the compass of an Inch about manifesting his or her punishment received for the same whereof entry shall be made of Record by the Clerk of the Peace of the same Shire in the Records of the same Sessions Execution CCLXXVII 14. Eliz. 5 § 2. N. 8. Which Judgment shall also presently be executed except some honest person valued at the last Subsidy next before that time to 5 l. in Goods or 20 s. in Lands or else some such honest Housholder as by the Justices of Peace of the same County or two of them shall be allowed will of his Charity be contented presently to take such Offender before the same Justices into his Service for one whole year next following and to that end will presently before the said Justices enter into Bond by Recognizance to the use of our Soveraign Lady the Queen to pay to our said Soveraign Lady the sum of 5 l. if he keeps not the said Offendor in his Service by the space of the said whole year and to bring him or her unto the Sessions at the years end or then good proof of his or her death during the said year Fees CCLXXVIII 14 Eliz. 5. § 2. N. 9. The said Clerk of the Peace taking for the said Recognizance but 12 d. only Departure CCLXXIX 14 Eliz. 5. § 2. N. 10. And if such Rogue or Vagabond so taken into Service depart within the said year from the said Service against the will of him that so taketh him or her into Service that then such Rogue or Vagabond shall be whipped and burnt through the Gristle of the right Ear with a hot Iron as is aforesaid Bail CCLXXX 14 Eliz. 5. § 3. N. 1. Provided always nevertheless that if the said person so committed or to be committed come before the next Sessions of the Peace or the next Goal-delivery to be holden for the said County or before their committing and do find any such Surety as is next before recited to be bound in form aforesaid for him or her for one whole year then the said person shall not tarry in the Goal till the next Sessions or till the next Goal delivery CCLXXXI 14 Eliz. 5. § 4. N. 1. And be it further Enacted Pain that the said person or persons so marked or adjudged to be burnt as aforesaid shall not be dealt withal again by way of punishment by the space of forty days next after the said punishment executed or adjudged to be burnt as is aforesaid if he or she have Licence for the said forty days from two Justices of the Peace of the same Shire testifyng the Punishment received or Judgment given CCLXXXII 14 Eliz. 5. § 4. N. 2. But if after the said punishment Executed or Judgment given the said person or persons Coron so marked or haveing received such Judgment do after threescore days next after he she or they shall be so marked either in the same County where he or she was so marked or having received such Judgement or else in any other County within the said Realm of England or Wales being of the age of Eighteen years or above do Eftsoons fall again to any kind of Roguish or Vagabond trade of life that then the said Rogue Vagabond or Sturdy Begger from thenceforth to be taken adjuged and deemed in all respects as a Felon CCLXXXIII 14 Eliz. 5. § 4. N. 3. And shall in all degrees receive have Forfeiture suffer and forfeit as a Felon except some honest person valued at the last subsidy next before that time to 10 l. in Goods or 40 s. in Lands or else some such honest House-holder as by the Justices of Peace of the same County or two of them shall be allowed of meer Charity will be contented before such Justices as the said Vagabond is or shall be arrained of Felony to take him or her into his service for two whole years then next following and then before the same Justices will then presently