Ireland or from the Isle of man into this Realm of England do from the last day of June next comming wittingly or willingly transport bring carry or convey or suffer to be transported brought carried or conveyed in any Ship Picard Vessel Boat or Boats from and out of the said Realm of Ireland or from or out of the said Isle of Man into the Realm of England or Wales or any part thereof any Vagabond Rogue or Begger or any such as shall be forced or very like to live by Begging within the Realms of England or Wales being born in the Realm of Ireland or in the said Isle of Man Ouster le mere CCCLVII 14 Eliz. 5. § 31. N. 2. On pain of every such person or persons so bringing transporting carrying or conveying either suffering to be brought transported carryed and conveyed in manner and form aforesaid to forfeit and lose for every such Vagabond Rogue Begger or other person which shall be forced or like to live by begging within this Realm of England or Wales being transported and set on Land in any part of England or of Wales 20 s. of lawful English mony to the use of the Poor of the same Parish in which they were set on Land Seisure CCCLVIII 14 Eliz. 5. § 31. N. 3. To be levyed by the Collectors of the same Poor for the time being by seisure and selling of any the Goods and Chattels of the same person which shall so bring transport carry or convey any such Rogue Vagabond or Begger or other person which shall be forced or like to live by Begging within the Realm of England or of Wales to the value of the same forfeiture Vagabond CCCLIX 14 Eliz. 5. § 31. N. 4. And on the pain of the same Vagabonds Rogues and Beggers so set on Land to be punished as the other Vagabonds and sturdy Beggers in this Act before mentioned and declared Ireland CCCLX 14 Eliz. 5. § 32. N. 1. And be it likewise Enacted if any such Maniske or Irish Rogue Vagabond or Begger been already or shall at any time hereafter be set on Land in any part of England or of Wales the same shall be conveyed to the next Port in or near which they were Landed and from thence be transported at the Common charge of the County where they were set on Land into those parts from whence they came or were transported CCCLXI. 14 Eliz. 5. § 33. N. 1. Also be it provided Taxes that if any manner of person shall hereafter find him or her self grieved with any Taxation set upon them by vertue of this Act it shall be lawful for them at the next General Sessions of the Peace to be holden within the same Shire where their Taxation shall be to make complaint thereof to the Justices o the Bench and to be eased of their excessive charge by the discretion of the whole Bench or the most part of them CCCLXII 14 Eliz. 5. § 33. N. 2. And if any default shall be hereafter found in any Justices of the Peace or Quorum Justices in or about the Execution of this Act every of the said Justices upon proof of the said default by two sufficient Witnesses before the Justices of Assize at the next General Sessions of Goal delivery for the same County after the same default shall forfeit and lose 5 l. c. The one half whereof to be to the use of the said Poor people of the same County and the other half to the Queens Majesty which said forfeiture shall be levyed by distress by discretion of the said Justices of Assizes CCCLXIII 14 Eliz. 5. § 34. N. 1. And whereas a great number of Poor and diseased people do resort to the City of Bath Pasport in the County of Somerset and the Town of Buckstone in the County of Derby for some ease and relief of their diseases at the Baths there and by means thereof the Inhabitants of the same City of Bath and Town of Buckstone are greatly overcharged with the same Poor people to their intolerable charge CCCLXIV Be it Enacted Licence c. that no diseased or Impotent Poor person living on Alms at any time after the Feast of Saint Bartholomew the Apostle next coming shall resort or repair from their dwelling places to the said City of Bath and Town of Buckstone or either of them to the Baths there for ease of their grief unless such person be not only Licenced so to do by two Justices of the Peace of the County where such person doth or shall then dwell or remain but also provided for of the Inhabitants of such Hundred Parishes or places from whence they shall be so Licenced to travail of such relief for and towards his maintenance as shall be necessary for the same person for the time of such his abode at the said City of Bath and Town of Buckstone or either of them and return home again as shall be limited by the same Licence upon pain to be reputed punished and used as Vagabonds by the purview of this Statute and that the Inhabitants of the same City and Town shall not in any wise be charged by this Act with the finding or relief of any such Poor people CCCLXV 14 Eliz. 5. § 35. N. 1. And for the better performance of this Charitable Act Hospital it is ordained and established that whereas the late King of Famous Memory King Henry the Eighth his Heirs or Successors or any other person or persons heretofore by his or their several and lawful Erections and foundations hath or have ordained or appointed any summ or summs of mony rents reliefs or Commodity to the use of the Poor or for the repairing or mending of High-ways or Bridges not being taken away otherwise by Act of Parliament whether the same be in any Cathedral Church Colledge or elsewhere CCCLXVI 14 Eliz. 5. § 35. N. 2. That the Bishop of the Diocess Justices or his Chancellor within which the said Cathedral Church Colledge or place is And the Justices of Peace of the County within the which the said Cathedral Church Colledge or place is or three of them whereof one to be of the Quorum shall have Authority from time to time to examine how and after what manner the said Mony Rent Relief or Commodity is bestowed and to call to account the parties which do detain the said mony rents or relief and thereupon to take such order for the distribution of the same as to their discretions shall seem most fit and agreable to the good intent of the Founders Givers or Granters and thereof to make Certificate in the High-Court of Chancery once in every year Lambert 361. Imprisonment CCCLXVII 14 Eliz. 5. § 36. N. 1. Provided always that whereas by reason of this Act the common Goals of every Shire within this Realm are likely to be greatly pestered with a more number of Prisoners than heretofore hath been for
they shall think meet and convenient Licence And that none § 1. N. 3. c. shall be admitted or suffered to keep any common Ale-house or Tipling-house but such as shall be thereunto admitted and allowed in the open Sessions of the Peace or else by two Iustices of the Peace whereof ene to be of the Quorum Recognizance And that the said Iustices of the Peace or two of them § 1. N. 4. whereof one to be of the Quorum shall take Band and Surety from time to time by Recognizance of such as shall be admitted and allowed hereafter to keep any common Ale-house or Tipling-house as well for and against the using of unlawful Games as also for the using and maintenance of good Order and Rule to be had and used within the same as by their discretion shall be thought necessary and convenient Certificate And the said Iustices shall certify the same Recognizance at the next Quarter Sessions of the Peace to be holden within the same Shire § 2. N. 1. c. where such Ale-house or Tipling-house shall be Records The same Recognizance there to remain of Record before the Iustices of Peace of that Shire § 2. N. 2. c Forfeiture Vpon pain of Forfeiture to the King for every such Recognizance taken and not certified three pounds six shillings and eight pence § 2. N. 3 Justices And it is further Enacted c. that the Iustices of Peace of every Shire § 3. N. 1. c. where such Recognizance shall be taken shall have Power c. in their Quarter Sessions of the Peace by Presentment Information or otherwise by their discretion to enquire of all such persons as shall be admitted and allowed to keep any Ale-house or Tipling-house and that be bound by Recognizance c. if they or any of them have done any act or acts whereby they or any of them have forfeited the same Recognizance Process And the said Iustices of every Shire and Places where they be Iustices shall upon every such Presentment or Information § 3. N. 2. award Process against every such person so presented or complained upon before them to shew why he should not forfeit his Recognizance Justices And shall have Power § 3. N. 3 c. to hear and determin the same by all ways and means as by their discretion shall be thought good Imprisonment And it is further Enacted c. that if any person § 4. N. 1. c. other than such as shall be hereafter admitted or allowed by the said Iustices shall c. obstinately and upon his own Authority take upon him c. to keep a common Ale-house c. or shall contrary to the Commandment of the said Iustices or two of them use commonly selling of Ale and Beer that then the said Iustices of Peace or two of them whereof one to be of the Quorum shall for every such Offence commit every such person c. to the Common-Goal c. there to remain without Bail or Mainprize by the space of three days 3 Car. 1. Cap. 3. 4 § 1. N. 6. Certificate And the said Iustices shall make Certificate of every such Recognizance and Offence at the next Quarter Sessions § 5. N. 1. c. where the same shall be committed or done Process Which Certificate shall be a sufficient Conviction in Law of the same Offence § 5. N. 2. Execution And the said Iustices of Peace upon the said Certificate made § 5. N. 3 shall in open Sessions assess the Fine for every such Offence at twenty shillings Wine Nor that it shall be lawful to any person c. to keep any Tavern 7 Ed. 6. C. 5. § 3. N. 1. or to sell or utter any Wine by Retayl c. in any City Borough Port Town or Market-Town not Corporate within the Realm of England or Wales or in the said Towns of Gravesend Sittingborn or Bagshot but only such person c. as thereto shall be assigned c. by all or most part of the Iustices of Peace for the time being of such Shire or County where such Tavern or selling of Wine by Retayl shall be had or allowed as shall be present at the general Sessions for the time being to be holden in every of the said Shires or Counties 12 Car. 2. Cap. 25. § 3. N. 7. The said Assignment Licence c. to be had and made in full Session by writing under the several Seals of every of the said Iustices and to be continued altered or changed c. viz. at the pleasure of the Majority § 6. N. 1. And it is further Enacted Justices c. that the Iustices of Peace of every Shire or County City and Town-Corporate in their several Sessions and the Stewards in every Leet and the Sheriff in his Turn and every Escheator shall have full Power c. to inquire by the Oaths of twelve men of all and every Offence and Offences perpetrated or done contrary to the form of this Act. C. 11. § 11. N. 4. And be it further Enacted Coron c. viz. because good and beneficial that all c. the said several Acts c. viz. 3 4 Ed. 6. 5. Of Riots c. and all Clauses c. shall be revived c. untill the last day of the next Parliament 1 Mar. 1. St. 2. C. 3. § 5. N. 2. And that the said Iustice of Peace viz. before whom any is brought for disturbing Preacher Religion breaking Altar c. upon due Examination thereupon had and made by the Apprehendor c. or other person c. of any of the said persons c. so offending forthwith shall commit the said person c. so apprehended to safe keeping c. as by the discretion of the said Iustice shall be thought most meet and convenient § 5. N. 3. And that within six days next and immediately after the said Accusation so had and made to the said Iustice Process the said Iustice with one other Iustice of the said Shire City Borough Liberty or Town-Corporate shall diligently examin the act or acts offence or offences aforesaid Cap. 8. Where in one Act of Parliament c. viz. 1 Ed. 6. 7. § 4. N. 1. Dignity It is Ordained c. that albeit any person or persons being Iustice of Assize Iustice of Goal-delivery or Iustice of Peace within any of the Kings Dominions or being in any other of the Kings Commissions whatsoever shall fortune to be made 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 and they should remain Iustice and Commissioner and have full Power and Authority to execute the same in like manner and form as he or they might and ought to
c. as for not repairing to Church according to the meaning of former Laws in such manner and form as the said Iustices of Assize and Goal-delivery do or may do by former Laws in Case of Recusancy for not repairing to Church Justices And also shall have Power at their Assizes and Goal-delivery § 7. N. 2. and at the Sessions in which any Indictment against any person either for not repairing to Church according to former Laws or not receiving the said Sacrament according to this Law shall be taken to make Proclamation by which it shall be commanded that the Body of every such Offender shall be rendred to the Sheriff of the same County or Bailiff or other Keeper of the Goal of the Liberty before the next Assizes and general Goal-delivery or before the next general or Quarter Sessions respectively to be holden for the said Shire Limit Division or Liberty Process And if at the next Assizes and general Goal-delivery or Sessions § 7. N. 3. the same Offender so proclaimed shall not make appearance of Record that then upon every such Default Recorded the same shall be as sufficient a Conviction in Law of the said Offence whereof the Party shall stand Indicted as aforesaid as if upon the same Indictment a Tryal by Verdict thereupon had Proceeded and been found against him or her and Recorded Certificate And that every Conviction recorded for any Offence before mentioned § 9. N. 1. shall from the Iustices before whom the Record of such Conviction shall be remaining be certified into the Kings Majesties Court of Exchequer before the end of the Term following such Conviction in such convenient certainty for the time and other Circumstances as the Court of Exchequer may thereupon award out Process for the Seisure of the Lands and Goods of every such Offender as the Cause shall require Ordinary Be it also Enacted c. that §. 13. N. 2. c. it shall be lawful to and for any Bishop in his Diocess or any two Iustices of Peace whereof one of them to be of the Quorum within the limits of their Iurisdiction out of the Sessions to require any person of the Age of Eighteen years or above being or which shall be convict or indicted of or for any Recusancy other than Noble-men or Noble-women for not repairing to Divine Service according to the Laws of this Realm Religion Or which shall not have received the said Sacrament twice within the year then next past Noble-men and Noble-women excepted § 13. N. 3. Oath Or any person passing in or through the County § 13. N. 4. Shire or Liberty and unknown except as is last before excepted that being examined by them upon Oath shall confess or not deny him or herself to be a Recusant or shall confess or not deny that he or she had not received the Sacrament twice within the year then last past to take the Oath hereafter following c. viz. of Allegiance Certificate Which said Bishop or two Iustices of the Peace § 13. N. 5. shall certify in Writing subscribed with his or their Hands at the next general or Quarter Sessions for that Shire Limit Division or Liberty within which the said Oath shall be so taken the Christian-name Sir-name and Place of abode of every person which shall so take the said Oath which Certificate shall be there recorded by the Clerk of the Peace or Town-Clerk and kept amongst the Records of the said Sessions Imprisonment And be it further Enacted that if any such person § 14. N. 1. c. other than Noble-men or Noble-women shall refuse to answer upon Oath to such Bishop or Iustices of the Peace examining him or her as aforesaid or to take the said Oath viz. of Allegiance so duely tendred unto him or her by such Bishop or two such Iustices of Peace out of Sessions that then the said Bishop or Iustices of Peace shall and may commit the same person to the common Goal there to remain without Bail or Mainprize until the next Assize or General or Quarter Sessions to be holden for the said Shire Division Limit or Liberty Oath Where the said Oath viz. of Allegiance shall be again in the said open Assizes or Sessions § 14. N. 2. required of such person by the said Iustices of Assize or Iustices of Peace then and there present or the greater number of them § 14. N. 3. And if the said person or persons or any other person whatsoever Forfeiture other than Noble-men or Noble-women of the Age of eigteen years or above shall refuse to take the said Oath viz. of Allegiance being tendred unto him or her by the Iustices of Assize and Goal-delivery in the open Assizes or the Iustices of Peace or the greater part of them in their said general or Quarter Sessions every person so refusing shall incur the Danger and Penalty of Premunire viz. â—6 Rich. 2. Cap. 5. § 2. N. 6 § 14. N. 4. Except Women Convert who upon refusal of the said Oath Women viz. of Allegiance shall be by the said Iustices of Assize in their open Assize or Iustices of Peace in their general or Quarter Sessions for the said Offence committed only to the Common Goal there to reman without Bail or Mainprize till they will take the said Oath § 24. N. 1. Provided nevertheless that the last mentioned Clause Pope c. viz. of Reconcilement to Rome shall not extend c. to any person or persons whatsoever which shall hereafter be reconciled to the Pope or See of Rome c. for and touching the point of so being reconciled only that shall return into this Realm and thereupon within six days next after such Return before the Bishop of the Diocess or two Iustices of the Peace joyntly or severally of the County where he shall arrive submit himself to his Majesty and his Laws and take the Oath c. viz. 1 Eliz. Cap. 1. § 19. N. 4. of Supremacy as also the Oath before set down c. viz. of Allegiance § 24. N. 2. Which said Oaths Oath Viz. of Supremacy and Allegiance the said Bishop and Iustices respectively shall have Power and Authority by this present Act to minister unto such persons as aforesaid § 24. N. 3. And the said Oaths so taken Certificate the said Bishop and Iustices before whom the said Oaths shall be so taken respectively shall certifie at the next general or Quarter Sessions of the Peace to be holden within the said Shire Limit Division or Liberty wherein such person as aforesaid shall submit himself and take the said Oaths as aforesaid upon Pain of every one neglecting to certifie the same as aforesaid the sum of forty pounds § 25. N. 1. And be it further Enacted that all Justices c. that shall offend contrary to this present Branch of this
si dict W. simul cum alliis predict I. G. R. C. M. P. Eliz. G. in eadem domo tunc ibidem inferebant ita quod de vitis tunc desperabatur ac si dict Willielmum simul cum aliis predictis ad tunc ibidem ex malicia tua precogitata eandem cum igne tunc ibidem Felonice comburebant predict I G. R C. M P. Eliz. G. in eadem domo existentes contra pacem c. Ac si W. R. de B. in com predict yeomam W. S. de S. in com predict generos ante feloniam predict ' per ipsum I. G. alium factum perpetratem predict W. S. predict XII die Octob. Anno supradict ' apud B. predict in com predict ' ad Feloniam predict ' sic in fronta predict ' faciendum appetrandum Felonice exitaverunt procuraverunt abettaverunt contra pacem c. Ac si predict W.R. W.S. scientes predictum W. S. simul cum aliis supradict felonium pred in firma pred sic fecisse perpetrasse eundem W. S. postea scilicet XIII die or to be Anno predict ' apud B. predim ' in com predict Felonice receperunt comfortaverunt hospitaverunt concelaverunt contra pacem dicti Dom. Regis c. XXIV West Sym. 2 part 145. § 285. An Indictment for Receiving Coron Aiding and Comforting of a Felon knowing him to have done a Felony Inquiratur pro Dom. Rege c. si R. S. sciens prefatum I. R. Felon pred in forma pred fecisse perpetrasse eundem IX die c. Anno c. in commitat pred Felonice recepit auxiliatus fuit comfortavit contra pacem ' c. Staff ss XXX West Sym. 2 part 147. § 299. An Indictment for Stealing of 4. Oxen and of the Accessaries before and after Joynder Inquiratur pro Dom. Rege c. si A. B. de F. in com N. pred Yeoman 4. die c. Anno Regni c. VI. bonis pretiis c. de bonis Catallis I. S. de W. in com pred invent Felonice fuerat cepit abducit Norff. ss Et si W. de B. de N. in com pred Yeoman 7. die c. Anno Regni c. apud N. in com pred fuerant consentientes abbettant pred A. B. ad Feloniam ' predict in forma predict faciend contra pacem c. Et si H. W. P. R. nuper de c. scientes predict ' A. B. Feloniam predict ' in forma pred fecisse apud T. predict ' alibi in com predict ' predict ' X die c. eundem A. B. Felonice receptaverunt contra pacem c. XXXI West Symp. 2. part 157. § 353. An Indictment for procuring Burglary c. Coron Juratores pro Dom. Rege super sacramentum suum presentant quod I. W. nuper de L. clericus alias dictus Middlesâ—x ss c. X die May Anno Regni c. apud parochiam de M. magna infra sanctuarum Ibidem in Warda de A. London maliciose Felonice abettavit procuravit P. W. de c. ad Felonice frangendum intrandum in domum W. prioris hospitalis sancti Johannis Jerusalem in Anglia apud St. James Clarkenwel in predict ' com M. infra predict hospitalem predict ' Prioris ibidem ibidem Felonice furatum capiend ' asportandum unum Cyphum Argenteum de auratum vocat a Goblet predict prioris ad valent c. unam olam argent perecel de aurat ejusdem prioris ad valentiam c. alia bona predicta prioris ibidem existent quam quidem abbettationis procurationis pretextu predict R. X die c. Anno supradict c. vi Armis c. Domum mansionem dicti prioris apud c intra hospitionem predict c cura horam secundam in Turrora ante meridiem ejusdem die Burglariter Felonice fregit predict cyphum de Argent de Aureat vocat a Goblet ad valentiam C S predictam ollam Argent percel de Aureat ad valent X li ac alia bona ejusdem priores viz. duo saliseria de Argent de Aureat ad valentiam X l S c. de bonis catallis dicti prioris ad tunc ibidem invent Felonice furat fuit cepit aspertavit contra pacem c. Action see Information Account Church-Wardens Collectors Surveyors Overseers Ways Poor Taxes Poor 1. BY 5 Eliz. 3. § 6. N. 1. the Gatherers or Collectors for the Poor shall make their just account quarterly to the Mayor or chief Officers of the said Cities Burroughs and Towns Corporate and in every Parish of the said County to the Parson Vicar or Curat and Church-Wardens of the Parish at which account such of the Parish as will may be present Officers II. 5 Eliz. 3. § 6. N. 3. and if the said Collectors or any of them do refuse to make their said account within eight days after request made to them for the same then the Bishop of the Diocess or the Ordinary of the place Chancellors or their Commissaries together with a Justice of Peace and the Church-Wardens of the said Parish or one of them shall have Authority by virtue of this Act upon complaint to them made to commit the said person or persons so refusing to Ward there to remain without Bail or Mainprise until he or they so refusing shall make their said accounts before such persons as the said Bishops Ordinary Chancellors or Commissaries and Justices of the Peace shall appoint and so make immediat payment of the Sums wherewith by determination of the said account they shall be charged Days III. 14. Eliz. 5. § 18. N. 1. the Collectors for the Poor shall make their just account half-yearly of their Collection and Gathering to two Justices of the Peace dwelling next to the abiding place not being within any City c. Contempt IV. Eliz. 5 § 18. N 4. and if any Collector for the Poor refuse or Neglect to make his account by the space of 14 days after request to him therefore made then the said two Justices or one of them to commit the said Collector to the next Goal for the said County there to remain without Bail or Mainprise till he have made his said account and immediat payment of all such sirplusage as he hath received Ordinary V. 14 Eliz 5. § 30. N 4. and that it shall be lawful to the Bishop of the Diocess for the time being where such Hospital viz. that hath no local visitor is or shall be or his Chancellor upon complaint or other intelligence of just cause to take account how the Rents Revenues and Profits of any such Hospital hath been bestowed and spent to call before him or them at the said Hospital to account all such persons as have had the Collection or
108 b. pl. 27. Crompt 24 b. § 42. 28 b. 29 a. Treason XXV Crompt 20 b. 21 a. § 18. A Feme Servant and a stranger conspire to rob the Mistress and at the time appointed in the night she let him into the House and carried him by a Candle to her Mistresses Bed where she lay asleep and the stranger kill'd the Mistress in her Bed the Maid saying nor doing nothing but held the Candle And Portman Ch. J. de B. R. Brook Ch. J. of C. B. and Hare Master of the Rolls held the Feme a Principal and a Traytor but Brook Ch. Baron Dalison and Saunders Justices é contrà so Dyer 128 pl. But the Law is with Portman and so it was adjudged in the Case of one Blechenden Captain of the Castle of Wallm ' in Kent who about 5 Mariae was kill'd in the Castle by a stranger by assent of one Bigg and others Servants of the said B. being then in the same Castle in a Vault there and not in the Parlor where he was kill'd and was Drawn and Hang'd XXVI Crompt 21. § 3. Nota Justices That the Justices of Peace may enquire of Murder or Pety-Treason because their Commission is de omnibus Feloniis see 3 H. 7. 5 b. An Indictment of Murder taken before Justices of Peace Rast. intr 362. Dyer 69. pl. Crompt 21 b. § 5 6. 28. § 3. Infra § 35. Dalt 234. Infra 38. Lamb. 497. in Indictment § 18. XXVII Pasch 3 H. 7. 5 b. pl. 2. Indictment 22. Br. 47. Justices The Servants of the Bishop of Lincoln were Indicted of Murder in the County of Rutland before the Justices of Peace c. XXVIII Pasch 5 Ed. 6. Dyer 69. pl. 29. Justices And also it was held clearly that Justices of Peace have Authority to enquire of Murder because it is Felony against the opinion of Monsieur Fitzherbert Dalt 52. cap. 20. Infra 35. XXIX Lamb. 4. cap. 5. pag. 485 486. Indictment Where by the way you may see in plain words of this Statute 2 3 Ed. 6. 24. § 2. N. 5. That Justices of Peace may take Indictments of Murder as Murder though Mr. Fitzherbert fol. 17. denieth it saying That they cannot enquire of Murder saving only as of Felony or Man-slaughter And you shall read of an Indictment of Murder before them received 3 H. 7. 5 b. supra agreeable whereunto was the opinion of Hales and Portman Justices as I have seen in a Report of Dalison Justice And of the same mind also were the Justices of 6 Ed. 6. B. R. Dyer 69. Dalt 53. cap. 20 b. Infra 35. XXX Crompt 21 b. § 5. see Rast Entr. 417. Certiorari That an Indictment of Murder taken before Justices of Peace was removed in B. R. and the party thereupon was Arraigned and upon the Arraignment there he pleaded the King's Pardon and it was allowed and the party discharged Coron 360. XXXI 2 Inst 316. On 6. Ed. 1. Gloc ' cap. 9. it is to be observed Justices that Justices of Goal-delivery may take an Indictment of killing a man se defendendo because their Authority is general but Justices of Peace cannot take such an Indictment because their Commission is limited and it is taken not to be within their Commission Dalt 52. cap. 20. Infra § 36. 33. XXXII Crompt 21 b. § 6. see Rast Entr. 246. Justcies An Indictment of Murder taken before Justices of the Peace whereupon the party was Outlaw'd before them was delivered to the Justices of Goal-delivery and thereupon the person Outlaw'd was brought before them to the Bar and because he could say nothing in Arrest of Execution it was adjudged he should be Hang'd But Fitzh in his Book of Justices of Peace 21. is That a Justice of Peace cannot enquire of Murder see Stamf. 15 b. 16 a. That an Indictment taken before Justices of Peace that A. kill'd B. se defendendo is not good because that they have no Authority to take such Indictment as he had heard XXXIII Crompt 28. § 3. Mr. Stamf. 15 b. 16 a. saith Indictment That a Justice of Peace cannot take an Indictmen af him that hath killed another se defendendo as he had heard But Marrow Lect. 12. is to the contrary and it seemeth that in as much as the Justices of Peace have power to enquire of all Felonies that they may enquire of this Lamb. 497. supra 31. XXXIV 23 b. § 28. Riot A Sheriff or Justices of Peace come to suppress Rioters and one of them who comes with the Justice is slain by the Rioters this is Murder as well in him as in all the other Rioters that are present and so was taken 22 Eliz. in the Case of Drayton Basset supra § 7. Crompt 25. § 51. 26. § 12. XXXV Dalt 51 52. cap. 20. Whereas one R. Forgery Smyth was Indicted at the Sessions in Oxford upon 5 Eliz. 14. § 10. N. 1. of Forgery it was adjudged by the whole Court in B. R. 30 Eliz. that the same Indictment was not well taken for although the Justices of Peace by their Commission have power of Oyer and Term of Felonies c. yet forasmuch as there is a Commission of Oyer and Term known distinctly by that name and the Commission of the Peace is known distinctly by another name that the said Indictment taken before the Justices of Peace at their Sessions was not well taken and therefore was quashed The reason of this Case and Judgment seemeth to hold in the former Cases on 3 H. 7. 14. § 1. N. 4. 33 H. 8. 12. § N. 8 H. 6. 12. § 3. N. 2. c. and in all other like Cases where any Statute doth specially give Authority to any other distinct Court or to other Justices or Commissioners leaving out the Justices of Peace to enquire of hear and determine or to try Felons c. there the Justices of Peace at their Sessions cannot enquire thereof 2 Inst 316. Stamf. 15 b. 16 a. supra § 26 27 28 30 31 c. Crompt 56. Infra § 50. Poult de Pace 43. Justices XXXVI Dalt 52. cap. 2. But in the former Cases if any such offender shall be brought before any Justice of Peace and charged with any such Felonies viz. whereof he cannot enquire Quaere how far the Justice of Peace is to deal or what he is to do therein considering the Justices of Peace are no Juudges of such Felonies neither have they any Jurisdiction given them by the Statutes in such Cases And yet it may seem both serviceable and safe for the Justice of Peace to examine the Offence and then to certifie his Examination to such persons as by the Statute are made Judges of the Cause But it seemeth the Justice of Peace on 8 H. 6. 12. § 3. N. 2. of Razures 3 H. 7. 14. § 1. N. 4. of the Kings Servants 33 H. 8. 12. §
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
no protection or wager of Law shall be allowed or admitted for the party defendent Church wardens CCXLVII. 5 Eliz. 3. § 4. N. 1. And be it further Enacted c. that if the said Church-wardens or either of them shall refuse to sue for the said forfeiture or within two months next after the same cause of forfeiture shall be given shall not sue or take the remedy for the recovery thereof in such manner and form as before this present Act is limited and appointed that then the same Church-wardens so making default of suit shall forfeit and lose 20 l. of Lawful mony of England the one moity thereof to him or them that will sue for the same by action of debt bill plaint or information in any Court of Record or in the Court of any Lord of any Mannor within the Parish where the said Church-wardens shall dwell and the other moity to the use of the Poor of the said parish in which suit no Essoyn Protection or wager of Law shall be admitted or allowed for the party defendent Incumbent CCXLVIII 5 Eliz. 3. § 5. N. 2. Be it Enacted c. that every Parson Vicar Curate or Minister of every parish within this Realm shall yearly forevermore upon the Sunday before Midsummer in the Pulpit or some other convenient place in the Church give knowledge and warning at the end of some of the Morning service to the Parishioners then and there present to prepare themselves on the Sunday next after Midsummer day then next following to come to the Church and there to elect and chuse Collectors and Gatherers for the Poor according to the tenor of this Act. Incumbent CCXLIX 5 Eliz. 3. § 5. N. 3. And if the Parson Vicar Curate or Minister shall make default in giving of the said knowledge that then he or they so making default to forfeit and lose 40 s. towards the reparation of the said Church Church-wardens CCL 5 Eliz. 3. § 5. N. 4. And the Church-wardens of the said Parish to sue and distrain for the same in such form as before is appointed for the other forfeitures Account CCLI 5 Eliz. 3. § 6. N. 1. And further be it Enacted c. that the said Gatherers or Collectors for the Poor so to be chosen as is aforesaid shall make their Just account Quarterly to the Mayors or Chief-Officers of the said Cities Boroughs and Towns Corporate and in every Parish of the said Country to the Parson Vicar or Curate and Church-wardens of the Parish at which account such of the Parish as will may be present Account CCLII 5 Eliz. 3. § 6. N. 2. And when they go out of their Office they shall deliver or cause to be delivered forthwith upon the end of their accounts all such surplusage of mony as then shall remain of their Collection undistributed to be put in their Common Chest of the Church or in some other safe place to the use of the Poor at the oversight and discretion of the Mayor Officers and others before mentioned CCLIII 5 Eliz. 3. § 6. N. 3. And if the said Collectors or any of them do refuse to make their said account within the eight days next after request made to them for the same Account then the Bishop of the Diocess or the Ordinary of the place Chancellors or their Commissaries together with a Justice of Peace and the Church-wardens of the said parish or one of them shall have Authority by vertue of this Act upon complaint to them made to commit the said person or persons so refusing to Ward there to remain without Bail or mainprise until he or they so refusing shall make their said accounts before such persons as the said Bishop Ordinary Chancellors or Commissaries and Justices of Peace shall appoint and to make Immediate payment of the summs wherewith by determination of the said account they shall be charged CCLIV 5 Eliz. 3. § 7. N. 3. And if the person or persons Ordinary so sent for viz. 5 6 Ed. 6. 2. § 5. N. 2. of his or their froward or wilful mind shall obstinately refuse to give weekly for the relief of the poor according to his or their abilites that then the Bishop or Ordinary of the Diocess Chancellors or Commissaries shall have full power and Authority by vertue of this Act to bind the said obstinate and wilfull persons so refusing unto the Queen by recognizance in the the summ of 10 l. which conditition thereupon to be Indorsed that the said obstinate person so refusing shall personally appear before the Justices of Peace of the County where the same person shall then inhabit and dwel if it be out of any City Borough or Town-Corporate and if it be within any City Borough or Town-Corporate then before the Mayors Bailiffs or other Head-Officers of every such City Borough or Town-Corporate at the next General Sessions to be holden before the said Justices within the said County or at the next Court to be holden before the said Mayors Bailiffs or other Head-Officers within every such City Borough or Town-Corporate and that the same obstinate person shall not from thence depart without the License of the said Justices if he dwell out of any City Borough or Town-Corporate of the said Mayor Bailiff or other Head-Officers if he dwel within any such City Borough or Town-Corporate CCLV. 5 Eliz. 3. § 7. N. 4. And if any such obstinate person shall refuse to be bound as is aforesaid that then the said Bishop Ordinary Imprisonment Chancellor or Commissary shall have Authority by this Act to commit the said Obstinate person to prison there to remain without Bail or mainprise until the said obstinate person shall become bound as is aforesaid CCLVI. 5 Eliz. 3. § 8. N. 1. And further be it Enacted Justices c. that the said Justices or such of them as shall be at the said Sessions or the Mayor Bailiffs or other Head-Officers of every such City Borough or Town-Corporate if the said obstinate person do appear before them shall Charitably and gently perswade and move the said obstinate persons to extend his or their Charity towards the relief of the poor of the parish where he or she inhabiteth and dwelleth CCLVII 5 Eliz. 3. § 8. N. 2. And if he or she shall obstinately and wilfully stand in the same Taxes and will not be perswaded therein by the said Justices Mayor Bailiff or other Head-Officers that then it shall and may be lawful to and for the said Justices if it be out of any City Borough or Town-Corporate for the Mayor Bailiff or other Head-Officers of the same City Borough or Town-Corporate with the Church-wardens where the said obstinate person shall inhabit or one of them to sesse tax and limit upon every such obstinate person so refusing according to their Good discretions what sum the said obstinate person shall pay weekly towards the relief of the Poor
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. § 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
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
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