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A87648 An assistance to justices of the peace, for the easier performance of their duty. By Jos. Keble, of Grays Inn, Esq. Keble, Joseph, 1632-1710. 1683 (1683) Wing K113B; ESTC R225612 927,076 736

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' predict ' tam antea que postea quendam T. R. de Civitate W. Clothier multos alios fideles subditos dicti Domini Regis decepit defraudavit per fraudem astutiam deceptionem diversos Pannos Laneos Angl ' vocal ' Broad-Cloths Tam de predict ' T. R. quam de diversis aliis dicti Domini Regis subditis perquisivit habuit percepit in depauperationem subditorum dicti Domini Regis in pessimum pernitiosissimum exemplum aliorum ligeorum subditorum dicti Domini Regis in hujusmodi casu delinquentium contra pacem dicti Domini Regis nunc Coronam dignitatem suas contra form ' Statuti in hujusmodi casu editi provisi Discretion see Justices Discontinuance see Process Disturbers see Riot Force Divine Service see Religion Dogs see Cattel Doves see Fowl Draw Latches see Coron Drovers see Cattel Drunkenness see Ale Dures see Imprisonment Dyers see Drapery Ecclesiastick Persons Person Incumbent Church Ordinary Pope I. LAmb. 4. cap. 4. pag. 405. Article of Charge in Sessions if any have within this half year by Writing Printing Teaching express Deed or Act advisedly maliciously and directly affirmed held in 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 c. 1 Eliz. 1. § N. 5 Eliz. 1. § 3. N. 1. 23 Eliz. 1. § 8. N. 1. Incumbent II. Lamb. 411. ibid. Inquiry if any person hath of purpose maliciously or contemptuously molested or by any unlawful means misused any Preacher lawfully Authorized in any his open Sermon or Preaching in any Church or other place used or to be appointed and who were his Aiders Procurers or Abettors 1 Mar. 1. St. 2. cap. 3. § 3. N. 1. learn if this Statute do stand for this part Religion III. Lamb. 412. Inquiry if any Parson Vicar or Minister have refused to use the Common Prayer or to Minister the Sacraments according to the Book of Common Prayer or wilfully standing in the same have used any other form in open Prayers or in administration of the Sacraments or have spoken any thing in derogation of the said Book or any part thereof Or if any have caused or maintained any Parson Vicar or Minister to say any Common Prayer or to Minister any Sacrament in any other manner than after the said Book or have interrupted any Parson Vicar or Minister to say open Prayer or to administer any Sacrament according to the said Book 1 Eliz 2. § N. 23 Eliz. 1. § N. Religion IV. Crompt 12. a. b. Item You shall inquire c. If such Ecclesiastical Person who should say Common Prayer and Minister the Sacraments in any Cathedral or Parochial Church or other place hath not within this year and day said and used matters even to the administration of the Sacraments and all their Common and open Prayers in such order and form as is mentioned in the Books of Common Prayer authorized by Parliament c. By the said Statute 23 Eliz. 1. § 8 9. Justices of Peace may enquire within the Year and Day but cannot hear and determine but the Justices of Oyer and Terminer or of Assize may hear and determine But see if a Justice of Peace cannot award Process upon the Indictment until he appear and plead to the Indictment And then for Trial find the Record in B. R. to the intent it shall be tryed by Nisi Prius or if he shall send the Indictment in B. R. immediately without awarding Process because they have no authority by the Statute 23 Eliz. 1. § 8. but only to enquire V. Crompt 16. b. Schools Charge in Sessions if any hath kept or maintained any Schoolmaster who doth not resort to the Church as is mentioned in 23 Eliz. 1. § N. or who is not allowed by the Ordinary of the same Diocess where such Schoolmaster shall be kept he shall forfeit 10. li. every month for keeping such Schoolmaster And every Schoolmaster presuming to instruct Youth being thereof convict shall be disabled and shall be imprisoned for a year without Bail or Mainprize 1 Jac. 4. § N. VI. West Symb. 2. part 137. b. sect 239. Bastardy An Indictment of a Priest for keeping a Concubine Pract. Prec 74. Warwick ss Inquiratur pro Domino Rege si H. R. nuper de K. in Com' W. Clericus primo die Decembr Anno Regni c. Vi Armis Deum per oculis suis non habens Nec legem Dei Domini Regis timens ordinem Sacerdotalem nihil regardans tanquam Ribaldus Luxuriosus Riotosè sicut transgressor malefactor pacis Domini Regis perturbator irregulariter extra legis morem honestam vitae virtuosae Sacerdotiae dignitatis seipso utens apud K. predict ' in com' predict ' hospitium illicitum levavit custodivit quandam A. B. mulierem defamat ' stuprosam publicè ac notoriè custodivit occupavit habuit ipsam A. B. a predict ' primo die Dec. Anno supradict ' adtunc ibidem continuand ' adhuc quotidiae noctanter manifestè aperte custodivit occupavit habet in communi stupro lemocinum in maximum periculosum exemplum aliorum malefactorum contra pacem dicti Domini Regis c. Market VII Pract. Preced 77. An Indictment of a sp Parson for buying and selling on 21 H. 8. 13. § 5. N. 1. Essex ss Juratores pro Domino Rege super Sacramentum suum presentant quod cum in Statuto in Parliamento Domini Henrici nuper Regis Angl ' 8 apud Westminster Anno Regni sui 21. Tent ' Edit ' inter caetera ordinat ' sit quod nulla spiritualis persona seu personae secular ' vel regular ' cujuscunque status seu gradus fuit deinceps per seipsum nec per aliquem alium per se nec ad ejus usum Barganizaret Emeret ad vendend ' pro lucro seu perficiu in aliquibus mercatis feriis seu aliis locis aliqua catalla grana seu plumbum pisces sanam Boscum c. seu aliquos victus seu merchandizas cujuslibet generis fuit subpoena furisfact ' triplum valorem cujuslibet rei per eas seu eorum aliquem ad eorum usum Barganizat ' Emp ' ad revendend ' in contrarium illius presentis actus quod quilibet hujusmodi Barganizatio seu contractus imposterum per eas fiendum seu per aliquam alium ad eorum usum in contrarium ejusdem actus penitus forent vacuae nullius effectus quod una medietas cujuslibet talis foris facturae esset Domino Regi altera medietas inde illi qui voluit persequi pro eadem per breve Original ' debit Billam seu informat ' in aliquibus curiis Domini Regis in qua actione seu secta
Recordare and Removal see Certiorati Regrator see Market overt Relation see Days Release see Peace Recognizance Religious Houses see Abbe Religion Church Divine Service Preachers Encumbent Pope Quakers Common Prayer Sacraments Sabbath I. LAmbert 118. Recognizance Moreover it seemeth to me that all these Statutes 1 Mar. 1. St. 2. cap. 3. § 4. N. 3. which gave this Surety of good Abearing against such as disturbed a Preacher c. have this one meaning that a Party so bound may afterwards forfeit his Recognizance if he Eftsoons offend against the said Statutes II. Lambert 195. Church If any Offender contrary to the Statute 1 Mar. 1. St. 2 cap. 3. § 5. N. 2. provided against the Disturber of any Preacher shall be Arrested and brought before a Justice of Peace then he upon due Accusation thereupon to be had by the said Arrester or other Person shall forthwith Commit the party so taken to safe Custody by his Discretion 2. But enquire if 1 Mar. 1. St. 2. cap 3. § 5. N. 2. be not repealed by 1 Eliz. 2. § 27. N. 1. in general words Lambert 411. and Crompt 14. III. Crompt 14. Ecclesiastical Persons Enquiry at Sessions upon 1 Mar. 1. St. 2. cap. 3. § 2. N. 1. If any Voluntarily and of purpose by overt act word or deed malitiously or contemptuously hath molested or troubled or by any other unlawful ways or means disquieted or misused any Preacher lawfully Authorized or other Person Charged by Reason of his Spiritual Promotion or Charge in any his overt Sermon Preaching or Collation in any Church Chappel Church-yard or other place used or to be appointed every such Offender in the Premisses his Aiders Procurers and Abettors shall be committed to the Goal by three Months without Bail or Mainprise and shall remain there from thence untill the next Quarter-Sessions to be held within the same County City or c. at which Sessions upon his Reconciliation and Repentance in this behalf before the Justices at the said Sessions he shall be delivered and shall be bound to his good behaviour for a year and if he will not he shall remain there untill he will Dalt 192. cap. 41. 2. This Statute 1 Mar. 1. St. 2. cap. 3. § 2. N. 1. As to the said matter is not repealed as it seemeth for the Statute containeth divers several matters and so is as Divers Statutes as Com. 65. as it seemeth Lambert 411. Quaere infra IV. Dalt 102. cap. 41 And yet Sir Nicholas Hide at Bury Lent-Assises 1629. delivered it as I am credibly informed that 1 Mar. 1. St. 2. cap. 3. was wholly repealed by 1 Eliz. 2. § 27. N. 1. Process V. Lambert 333. 334. Within six days after Accusation had that any Person hath disturbed a Preacher and after his Committing to safe Custody by one Justice of the Peace one other Justice of the Shire must joyn with him in the Examination of the Offender and may proceed to find him Guilty by his own Confession or by two Witnesses and thereupon Commit him to the next Goal for three Months 1 Mar. 1. St. 2. cap. 3. § 5. N. 3. ask of the Continuance of this Statute Slander VI. Lambert 411. 412. Enquiry at Sessions if any person have within these three Months by contemptuous or reviling words or have advisedly in any otherwise depraved despised or reviled the blessed Sacrament of the Body and Blood of Christ 1 Ed. 6. 1. § 1. N. 6. revived 1 Eliz. 1. § 14. N. 1. Crompt 12. Justices VII Lambert 361. It seemeth that three such Justices viz. Quorum unus may out of the Sessions take Information and Accusation by the Oaths of two honest Persons against such as shall deprave the Sacrament of the Body and Blood of our Lord and Saviour Jesus Christ against the Statute and Examine them what other Witnesses were then by and to bind them all by Recognizance to give in Evidence at the day of Tryal 1 Ed. 6. 1. § 1. N. 7. But enquire of this matter Dalt 133. 134. cap. 49. Sessions VIII Crompt 124. The Justice of Peace shall enquire at every of their general Quarter-Sessions of those that speak irreverendly of the Sacrament of the Body and Blood of our Lord Jesus Christ 1 Ed. 6. 1. § 1. Process IX Lambert 516. Some other Statutes there be also that have extended the Authority of the Justices of Peace in sending Process beyond the Bounds of their own Commission for by 1 Ed. 6. 1. § 3. N. 1. three Justices of the Peace the one being of the Quorum may make Process against such as be thereupon Indicted for depraving the Sacrament by two Writs of Capias and the Exigent and by Capias Vtlagatum into any place within the Kings Dominions Church X. Lambert 197. Enquiry at Sessions if any Person above sixteen years of Age do by the space of twelve Months forbear to repair to some Church Chappel or usual Place of common Prayer contrary to the tenor of 1 Eliz. 2. § 14. N. 1. then any Justice of Peace of the County where such Offender shall dwell or be may make Certificate thereof in writing in B. R. to the end that the Offender may thereupon be bound in CC l. 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. Encumbent XI Lambert 412. 413. Enquiry at Sessions if any Person Vicar or Minister have refused to use the Common Prayers or to Minister the Sacraments according to the Book of Common Prayers 1 Eliz. 2. § 4. N. 1. Crompt 130 a. infra 2. Or wilfully standing in the same have used any other form in open Prayers or in Administration of the Sacraments or have spoken any thing in derogation of the said Book or any part thereof 1 Eliz. 2. § 4. N. 2. 3. Crompt 12 b. 13 a. 3. Or if any Person have in any Play Song or Rhime Slander or by any open word spoken in derogation of the said Book or of any thing therein contained or have caused or maintained any Parson Vicar or Minister to say any Common Prayer or to Minister any Sacrament in any other manner than after the said Book 1 Eliz. 2. § 9. N. 1. Crompt 13 a. 4. Or have interrupted any Parson Vicar or Minister to say open Prayer or to Administer any Sacrament according to the same Book 1 Eliz. 2. § 9. N. 3. 5. If any Person being above sixteen years of Age and not having lawful and reasonable Excuse to be absent have not repaired and resorted unto his or her Parish Church or Chappel 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. § 14. N. 1. 23 Eliz. 1. § 5. N. 1. 3 Jac. 4. § 27. N. 1. XII Crompt 12. Ab. Ecclesiastical Persons As also you shall enquire if such Ecclesiastical Person who should say Common Prayer and Minister the Sacraments in any Cathedral or Parish Church or other place hath not within this year and day said and used the Matins Even-Song Celebration of our Lords Supper and the Administration of every of the Sacraments and all their common and open Prayers in such order and form as is mentioned in the Book of Common Prayer Authorized by Parliament and none other or otherwise supra 1 Eliz. 2. § 4. N. 1. 2. By the said Statute 23. Eliz. 1. § 8. N. 1. Justices of Peace may Enquire within the year and day of these Articles but they cannot hear and determine them but the Justices of Oyer and Terminer or of Assize may by 23. Eliz. 1. § 9. N. 1. hear and determine 3. But see if a Justice of Peace cannot Award Process upon the Endictment untill he appear and pleads to the Endictment Process and then for Tryal send the Record in B. R. to the intent it should be tried by N●si prius Or if he shall send the Endictment in B. R. immediately without Awarding Process because they have no Authority by the Statute 23 Eliz. 1 § 8. N. 1. but only to Enquire 4. It seemeth that he being Indicted hereof Amerciament shall make a Fine by the Discretion of the Court though no Fine is given in the case aforesaid by the said Statute 1 Eliz. 2. § 4. N. 5. because it is a contempt in as much as 1 Eliz. 2. § 3. N. 1. saith that he shall be bound to say and use c. ut supra Quaere the intent of the Statute in this point Fines pro c. Br. 21. 5. Every Priest though he be no Vicar Parson Encumbent or Stipendary Chaplain nor obliged nor bound by his Cure to serve c. is within the purview of 1 Eliz. 2. § 4. N. 1. by reason of the first Clause 1 Eliz. 2. § 3. N. 1. which is that all and singular Ministers in any Cathedral or Parish Church or other place c. which may be intended a Minister local and enducted and at length by the Opinion of all but one Dyer 203. pl. it was held That he shall be within the Statute and that by reason of this Clause 1 Eliz. 2. § 4. N. 1. That if any manner of Parson Vicar or other whatsoever Minister c. Whereby the meaning of the Parliament appears that the superstitious Service in the Church should be abolisht and the true Service planted in lieu thereof 6. And under this Term Minister every Priest is included and by this that he is Sacerdos he is bound ex Jure Divino to Celebrate the Lords Supper and the Orisons of the said Supper 7. And also it was held by all the Justices That this Term Clerk is sufficient to prove him a Priest or a Minister Pope XIII Crompt 13. Ab. § 8. Enquiry at Sessions if any hath sung or said Mass being thereof convict he shall forfeit CC Marks and shall be Imprisoned a year and thence untill he hath paid the said Sum 23 Eliz. 1. § 4. N. 1. 2. And if any one voluntarily hath heard Mass he shall forfeit C Marks and shall be Imprisoned for a year 23 Eliz. 1. § 4. N. 2. 3. See 5 6 Ed. 6. cap. 1. § 6. N 1. that none is bound to be present at any Common Prayer that is not according to the Book upon pain of Imprisonment c. see the Statute c. And by consequence such are not to be called before the Ordinary nor to be Indicted Church XIV Crompt 16. Ab. If any hath quarrelled by words only or chided or brauled in any Church or Church-yard being proved by two lawful Witnesses before the Ordinary of the Place where the Offence was commited he shall be suspended if he be a Lay-man ab ingressu Ecclesiae if he be a Clerk then from the Administration of his Office as long as the Ordinary shall think convenient according to the fault 5 6 Ed. 6. 4. § 1. N. 1. 2. If any one hath struck or laid violent hands upon any other in any Church or Church-yard he shall be deemed Excommunicate Ipso facto and shall be Excluded out of the Congregation of Christ 5 6 Ed. 6. 4. § 2. N. 1. 3. If any Maliciously strike any Person with any Weapon in any Church or Church-yard or draweth any Weapon there to such intent the Offender being thereof Convict by twelve or his own Confession or by two lawful Witnesses before the Justices of Peace in their Sessions he shall have one of his Ears cut off and if he hath no Ears he shall be markt in the Cheek with a hot Iron having the letter F. therein in token that he is a Fray-maker and shall stand also Excommunicate Ipso Facto 5 6 Ed. 6. 4. § 3. N. 1. Process 4. Nota That an Endictment only without Answer thereto made or Process of Utlary thereupon ended is no sufficient conviction in Law to have the Corporal Penance appointed by the said Statute 5 6 Ed. 6. 4. § 3. N. 1. Dyer 275 b. per Curiam Crompt 9 b. § 48. But whether he shall be said Excommunicate Ipso Facto without proof or due Tryal or without Sentence or proof of Witnesses before the Ordinary was doubted per Curiam Church 5. The King defends and commands that Fairs nor Markets hence-forward shall not be held in Church-yards for the honour of Holy Church 13 Ed. 1 Stat. 2 3 Winchester 6. § 1. N. 3. Lambert 414. 415. Scholars XV. Crompt 16. Enquiry at Sessions if any hath kept or maintained any School-Master who doth not resort to the Church as is mentioned 23 Eliz. 1. § 6. N. 1. or that is not allowed by the Ordinary of the same Dioces where such School-Master shall be kept he shall forfeit 10 l. for every Month for keeping of such School-Master The Laws c. 64. 65. Abr. 68. Lamberts Precedents 3. pl. 7. infra 2. And every School-Master presuming to Instruct youth contrary to this Act being thereof convict shall be disabled to be an Instructor of Youth and shall be Imprisoned for a year without Bail or Mainprise 23 Eliz. 1. § 7. N. 2. see 1 Jac. 4. § XVI West Symb. 2. part 114 b. sect 141. Endictment Inquiratur per Domina Regina si G. C. nuper de E. in Com. E. Clericus 26 Die Martij c. apud E. predict ' in Com. E. predict ' in quodum loco ibidem vocat ' the Vestry-house Juxta Ecclesiam Parochialem de E. predict ' in Com. E. predict ' voluntariè usus fuit privato alio Ritu Ceremonia forma modo Celebrationis Coenae
Church according to the same intent of the said Statute 23 Eliz. 1. § 5. N. 1. 2. 3. Lamb. 197. Supra CXVIII Crompt 14. If a Feme Covert be a Recusant Baron Feme the forfeiture of xx l. a Month shall be levied of the goods of the Husband because she is amenable by Intendment of Law at the will of the Husband ut Dicitur See Supra Dalt 105. cap. 45. CXIX Crompt 15. 16. Books See Resolutions 9 Febr. 11 Eliz. in Dyer 281 b. 282 a. pl. 22. put as followeth If a Man being out of the Realm writes Books against the Kings Supremacy and thereby attributes Jurisdiction to the See of Rome to be observed within the Realm and the same Books are brought unto the Realm by such of the Kings Subjects who know the effect thereof and are by them secretly uttered and sold to divers Persons knowing also by report the same Books to contain matter extolling the said usurpt Authority and after they to whom these Books are delivered read them to themselves secretly to the intent thereby to be the more able to defend this Opinion but they have no conference thereof with any others whether they brought these Books and they who read them be Offenders against 5 Eliz. 1. § 2. N. 1. Lambert 496. 497. 1. The Resolution of all the Justices of both Benches the Chief Baron being present as to the first point agreed that they who had brought these and who had delivered them ut Supra are offenders by the words of the said Statute 1 Eliz. 1. § 2. N. 1. Hold and stand with to set forth 2. But as to the second point viz. the Receivers and Readers of these Books only and doing no further act or attribution by conference and allowance c. all but two held it no offence 3. Item If any one obtains any such Book ut Supra into his hands and afterwards reads and confers thereon with any other Person and in his conference by any Speech or words allow this Book to be good it was resolved by all clearly within the danger of the said Law 5 Eliz. 1 § 2. N 2 by attribution 4. Item If a man hears of the Contents of such Book by report of another and by any Speech thereon commend or affirm it to be good Or if a man having such Book in his Custody and knowing the Contents thereof conveys it secretly to his Friend to the intent that he should read it and thereby perswade him to be of his opinion touching Supremacy Quaere of him ut Supra and it was resolved that both are within the Danger of 5 Eliz. 1. § 2. N. 1. especially the first 5. Two were executed for Printing certain Books Seditiously penned by one Robert Brown against the Book of Common Prayer establisht by Parliament Stow c. 1187. and the Books Burnt An. Eliz. 6. Item If a Man Imprints any of these Books within this Realm and utters them it was resolved by all clearly to be within the Danger of the said Statute 5 Eliz. 1 § 2. N. 1. Item If any of these Books be made and Written within the Realm and afterwards sent out as a thing done out of the Realm and these are brought read and conference had upon them ut Supra it was resolved by all to be within the Danger of the said Law Fish CXX Crompt 16 b. Inquiry in Sessions if any hath affirmed that the Eating of Fish or the forbearing to Eat Flesh is of necessity for Salvation of souls or that it is the service of God or other then for common Policy shall be punisht as spreaders of false News 5 Eliz. 5. § N. Jesuits CXXI Crompt 45. Charge in Sessions to enquire if any one hath voluntarily received aided relieved or comforted any Seminary Priest Jesuit c. being at liberty or out of hold knowing him to be a Jesuit c. this is Felony and shall lose Clergy 27. Eliz. 2. § 4. N. 1. Supra N 18. The Statute doth not give expresly that Justices of Peace shall inquire hereof but in as much as it is Felony and they have Power by the Commission to inquire of all Felonies they may c. Ac●●ssory CXXII Crompt 45 b. The Bayliffs of Stafford came to the House of one W. to attach a Jesuit who was saying Mass there and certain others who were there hearing Mass as it was said who shut the door and would not suffer the Bailiffs to enter to attach the Jesuit and hereupon they were arraigned and convicted of Felony as of aiding the Jesuit 27 Eliz. 2. § 4. N. 1. at the Assizes at Stafford 30 Eliz. and the Jesuit was executed Crompt 53 b. CXXIII Crompt 104 b. § 53. It s held a good Indictment where it s said Indictment Contra formam statuti in Parliamento tent ' apud Westm not said in Com. Middlesex An. 1 Eliz. in Dyer 203 pl. 72. Dr. Clerk and Sir Edw Walgraves Case where it appears that an Information was put in B. R. against certain Persons for saying and hearing Mass c. unde Indictati existunt coram Commiss c. and shew their Names and the Sessions in certain and made not any special recital of the Act 1 Eliz. 2. § 9. N. 2. and to this Information they were put to Answer and confest the Indictment and had their several Judgments viz. Each to forfeit C. Marks and this Indictment was on 1 Eliz. 2. § 9. N. 2. 4. for now he shall forfeit a greater Sum by 23 Eliz. 1. § 4. N. 1. CXXIV Crompt 107. § 17. An Indictment in this form Averment Juratores presentant si A. B. of c. did c. it s not good c. for it should be quod c. and so adjudged upon an Indictment at Stafford of a Recusant by Manwood Chief Baron CXXV Crompt 124. Rome Inquiry at Sessions of those that maintain the Authority of the Bishop of Rome against 5 Eliz. 1. CXXVI Crompt 144. Good behaviour He shall be bound to the Good behaviour in B.R. who absents himself from Church for a year contrary to the Statute and so shall remain until he will reform himself and come to Church according to the intent of 1 Eliz. 2. § N. as appears by 23 Eliz. 1. § 5. N. 2. CXXVII Crompt 167. b. Certificate The Justices of peace may certifie in B.R. the name of him that absents himself from the Church for a year contrary to the Statute and he shall be thereupon bound to his Good behaviour there according to 23 Eliz. 1. § 5. N. 2. Crompt 195. § 12. Dalt 104. cap. 45. Endictment CXXVIII Crompt 168. The Justices shall certifie in B. R. every Presentment taken before them of him that extolls c. the Authority of the Bishop of Rome within Forty days after Presentment found if the Term be then open and if it be not open then the first day of
ut in Statuto predict ' Continetur Cumque T. R. de D. in Com. predict ' Armiger A. uxor ejus uterque eorum existent ' etatis 16 Annorum Amplius ac existent ' Parochiani Eccles Parochialis de D. predict ' in Com. E. predict ' infra quam quidem Ecclesiam communes Precationes alia divina Servitia in Statut ' predict ' specificat ' post predict ' Festum Nativitat ' St Johan ' Bapt ' Anno primo supradict ' scilicet Die Dominico proximo post Festum St. Mich. Archangeli Anno Regni c. 12. diebus dominicis tunc proximè sequent ' 8. alijs diebus festivalibus easdem 12. dies Dominicas intervenient ' Dicebantur utebantur predict ' J. A. non habentes legalem nec rationabilem Excusationem seu Impediment ' abessendi ab Eccles predict ' in diebus predict ' tempore predict ' Communum precationum predictarum divinorum ' servitiorum ' ibidem tunc Dictorum habitorum et ministratorum non solum non adnillebantur adire Ecclesiam parochialem de D. predict ' existens eorum Ecclesiam consuetam in predicto die Dom. proximè post predictum Festum Sancti Mich. Archangeli Anno Regni c. et predictis alijs 12. diebus Dominicis tunc proximum sequent ' et predict ' alijs 8. diebus festivalibus inter easdem 12. dies Dominicas intervenient ' tempore predict ' Communum Precationum et divinorum Servitiorum ibidem in diebus illis dictorum Habitorum et Ministratorum sed etiam odio Habent ' et contemnent ' Evangelium et salubre Dei Verbum et dictum Dominum Reg. et Leges suas seipsos voluntariè absentaverunt et uterque eorum voluntarie seipsum absentavit ab Ecclesia predict ' die Dom. proxim ' post Festum Sancti Mich. Arch ' Anno Regni c. et predict ' 12. alijs diebus tunc proxime sequent ' et predict ' alijs 8. diebus festival ' inter easdem 12. dies Dominicas intervenient ' tempore predict ' communum Precum Predicationum et Divinorum Servitiorum ibidem in diebus illis dictorum habitorum et ministratorum contra pacem et in contempt ' dicti Domini Regis nunc et Legem suam et Coronam et Dignitatem suam ac contra form ' Statut ' predict ' in pernitiosum Exemplum Malefactorum c. the same ibid. 137 b. sect 240. XLXII Pract ' Precedents c. 50. 51. An Endictment for omitting the words of signing with the Cross in Baptism contrary to 2 et 3 Ed. 6. 1. § 1. N. 8. et 1 Eliz. 2. § 4. N. 1. Kanc. ss Juratores pro Domino Rege super Sacrament ' suum presentant quod quidam A. B. nuper de C. in Com. K. predict ' Clericus secundo die Sept ' Anno Regni c. Existens Vicarius Ecclesiae Parochialis de C. predict ' eodem secundo die Sept ' Anno supradict ' apud C. predict ' in Ecclesia Parochiali de C. predict ' in Com. predict ' Sacrament ' Baptismi cuidam Infanti Masculino Existent ' filio Cujusdam ' C. D. ad tunc de C. predict ' in Com. predict ' Yeoman administrant ' et ad tunc et ibidem in Ecclesia predict ' ad eundem Infantem masculinum illum Haec Anglicana verba sequentia And do sign him with the sign of the Cross Quae quidem verba Anglicana mentionat ' et expressa sunt in libro communis Precationis Angl ' the Book of the Common Prayer ad tunc et ibidem voluntariè et obstinate dicere recusat et omisit in Dictae Communis Precationis derogationem et contrà formam Statuti in hujusmodi casu edit ' et provis nec non Contrà pacem dicti Domini Regis Coronam et Dignitatem suas 2. Ibidem 172. Another Endictment for not making the sign of the Cross in Baptism Middlesex ss Juratores pro Domino Rege super Sacrament ' suum presentant quod A. B. nuper de L. in Com. predict ' Clericus fuit et est Minister Ecclesiae Anglicanae et Rector Ecclesiae Paroch ' de L. predict ' in Com. predict ' per spacium 12. mensium ult ' elaps ' et per idem tempus debuit et debet cantare aut dicere communem Precationem Anglice the Common Prayer secundum modum et ordinem libri vulgariter vocat ' the Book of Common Prayer and Administration of the Sacraments ac administrare Sacrament ' in Ecclesia predict ' de L. predict ' in tali modo et forma pro ut mentionat ' vel Edit ' sunt in libro pred' predictus tamen A.B. apud L. predict ' in Com. predict ' per 12. menses in Ecclesia Parochiali predict ' recusabat uti et dicere nec usus est precationem Communem in Ecclesia Parochiali de L. predict ' in Com. predict ' in tali modo et forma pro ut mentionatur in eodem libro et quod predict ' A. B. apud L. predict ' in Com. predict ' 24. die Martij Anno Regni dicti Domini Regis nunc c. in Ecclesia Parochiali predict ' Ministravit Sacrament ' Baptismi cuidam Infanti cujusd ' C. D. in alia forma quam in dicto libro Communis Precationis continetur et non faciebat signum Crucis super frontem ejusdem Infantis in Ministrand ' Baptismum eidem Infanti sed illud signum Crucis sic facere ad tunc et ibidem contemptuose recusavit et denegavit Ac etiam quod predict ' A. B. 20. die Martij Anno c. ac dictis alijs diebus et vicibus apud L. predict ' in Com. predict ' in presentia quam Plurimorum ligeorum Dicti Domini Regis nunc ad tunc et ibidem presertim in publica Lectione sua in Ecclesia Parochiali de L. predict ' in Com. predict ' ad tunc et ibidem existent ' malitiose et seditiose dixit et propalavit haec Anglicana verba sequentia viz. That using the Cross in Baptism is Idolatry in defamationem libri predict ' ac in contempt ' dicti Domini Regis Coronam et Dignitat ' suas LIII Pract. Precedents 109. An Endictment for Blasphemy Middlesex ss Juratores pro Domino Rege super Sacrament ' suum presentant quod A. B. nuper de Parochia S. Buttolfi extrà Aldersgate in Com. M. predict ' Gen ' existens homo impius prophanus et Irreligiosus ac timorem Dei in corde suo non habens sed instigatione Diabolica motus et seductus et veram et Christianam Religionem Infra hoc Regnum Angliae per diversa Statuta et Acta probat ' et confirmat ' scandalizare et vilificare nec non Sapientiam Omnipotentiam et Majestatem Domini nostri Jesu Christi Blasphemare intendens ac machinans 10. die Julij Anno c. Apud paroch ' predict ' in
say or hear Mass and who come not to the Church against 23 Eliz. 1. § 4. N. 2. Good-behaviour XXIII Crompt 144. He shall be bound to the Good-behaviour in B. R. who absents himself from the Church for a year against 23 Eliz. 1. § 5. N. 2. and shall so remain untill he will reform himself and come to Church according to the intent of the Statute 1 Eliz. 2. § 14. N. 1. c. XXIV Crompt 151. Two Capias an Exigent Process and a Capias Vtlagatum shall issue against him that is Indicted upon 1 Eliz. 2. § 4. N. 4. for depraving the Sacrament c. XXV Crompt 155. Ab. Bail Nor he shall not be let to Bail or Mainprise who disturbs Preachers contrà to 1 Mar. 1. Stat. 2 cap. 3. § 5. N. 2. 2. Nor he shall not be left to Bail or Mainprise who offends against 1 Eliz. 2. § 4. N. 1. XXVI Kilb. Precedents 94. 95. For not coming to Church Church a Warrant to appear before a Justice To the Constables and Borshoulders of the Hundred of A. in the said County and to every of them Kent ss Forasmuch as I have received Information that B. C. of D. in the County aforesaid c. did not upon any of the c. Sundays last past resort or repair to any Church Chappel or other usual place appointed for Common Prayer and there hear Divine Service according to the form of the Statute in that behalf made These are therefore in his Majesties Name to will and require you that you some or one of you do cause the said B. C. to come before me to Answer the Premisses hereof fail not at your peril Given under my Hand and Seal the day of c. 1 Eliz. 2. § 14. N. 1. 3 Jac. 4. § 27. N. 1. XXVII Kilb. Precedents 95. Forfeiture A Warrant to levy the forfeiture for not coming to Church To the Churchwardens of the Parish of A. in the said County and to every of them Kent ss Forasmuch as B. C. of D. aforesaid c. did not upon Sunday the second day of May nor upon Sunday then next following nor upon Sunday then next following c. resort or repair to any Church Chappel or other usual place appointed for Common Prayer and there hear Divine Service according to the form of the Statute in that behalf made and being called before me did not make sufficient excuse of his said Defaults to my satisfaction These are therefore in his Majesties Name to will and require you that you or one of you do levy by Distress and Sale of the Goods of the said B. C. three Shillings for his defaults aforesaid to be imployed to and for the use of the Poor of the said Parish rendring to him the Overplus of Money raised of the Goods aforesaid so to be sold and in default of such Distress that you do certifie me thereof with all convenient speed to the end I may further Proceed therein as to Justice doth appertain hereof fail not at your perils Given under my Hand and Seal the Day of c. 1 Eliz. 2. § 14. N. 1. 3 Jac. 4. § 27. N. 1. XXVIII Kilb. Precedents 96. Imprisonment A Mittimus to the Goal of one not repairing to Church for want of a Distress To the Constables and Borsholders of the Hundred of A. in the said County and to every of them and to the Keeper of his Majesties Goal at B. in the County aforesaid Kent ss Whereas by Warrant under my Hand and Seal the Church-wardens of the Parish of A. in the said County were lately by me Commanded to levy three Shillings by Distress and Sale of the Goods of B. C. of the Parish of A. in the said County to be imployed to and for the use of the Poor of that Parish for that he did not upon Sunday the second day of May nor upon Sunday then next following nor upon Sunday then next following resort or repair to any Church Chappel or other usual place appointed for Common Prayer and there hear Divine Service according to the form of the Statute in that behalf made and the Church-Wardens aforesaid have retorned to me that the said B. C. hath no Goods nor Chattels sufficient for the levying of the Moneys aforesaid These are therefore in his Majesties Name to will and require you that you some or one of you do take the aforesaid B. ● and him safely convey to his Majesties Goal aforesaid and him there deliver 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 untill payment shall be made of the Monies aforesaid hereof fail not at your peril Given under my Hand and Seal the Day of c. 1 Eliz. 2. § N. 3 Jac. 4. Encumbent XXIX Kilb. Precedents 98. A Warrant against Encumbent for not Officiating on 14 Car. 2. 4. § 7. N. 1. To the Church-Wardens and Overseers of the Poor of the Parish of A. in the said County Kent ss Forasmuch as it hath been duly proved before us viz. two Justices c. that A. B. the proper Incumbent of the Parsonage Vicarage or Benefice of c. in the County aforesaid doth reside on his Living and keep a Curate and hath not himself in Person within one Month now past openly and publickly read the Common Prayers in and by the Book prescribed by the Statute made in the fourteenth year of his now Majesties Reign Entituled An Act for the Vniformity of Publick Prayers and Administration of the Sacraments and other Rights and Ceremonies and for the establishing the form of making and Ordaining and Consecrating Bishops Priests and Deacons in the Church of England in the Parish Church of C. to the said Parishioners in such order manner and form as in and by the said Book is appointed whereby he hath by vertue of the Statute aforesaid forfeited five pounds to the use of the Poor of the Parish aforesaid These are therefore in his Majesties Name to will and require you and every of you that you or some of you do demand of the said A.B. the aforesaid five pounds to the use of the Poor afroesaid and in default of payment thereof within ten days after such demand that you or some of you do levy the same by Distress and Sale of the Goods and Chattels of the said A. B. rendring to him the Surplusage hereof fail not at your perils Given under our Hands and Seals the Day of c. 2. The like Warrant mutatis mutandis if he de not if there be occasion Administer each of the Sacraments and other Rites of the Church once in every Month. Encumbent XXX Kilb. Precedents 99. A Mittimus for Preaching whilst disabled on 14 Car. 2. 4. § 21. N. 1. To the Constable and Borsholders of the Hundred of A. in the said County and to every of