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A47352 Choice presidents upon all Acts of Parliament relating to the office and duty of a justice of peace. With necessary notes and instructions thereupon taken out of the said Acts of Parliament, and other particular cases in law adjudg'd therein. As also a more useful method of making up Court-Rolls than hath been hitherto known or published in print. By Rich. Kilburne, Esq; late one of His Majestie's Justices of the Peace for the county of Kent, and principal of Staple-Inn. Kilburne, Richard, 1605-1678.; G. F., of Grayes-Inn. 1681 (1681) Wing K429; ESTC R217188 201,245 429

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Court Page 241 The Oath of a Constable Page 242 of an Ale-caster Page 243 of a Commissioner of Sewers Page 244 of a Searcher in the Custom-house Page 245 The Oath given to a Jury before Evidence given in against a Prisoner at the Bar Page 245 given to a Bailiff or Serjeant that attendeth on any Jury or Inquest at an Assize Page 246 of him that craves the Peace against another Page ibid. Another Page 247 Another Oath to give a man upon examination or upon information Page ibid. The Oath of him who gives information Page ibid. Another Page 248 The Oath to be given to any Jury by whom a Nisi prius is to be tryed Page ibid. to be given to such as are to give evidence between a Party and party at a Nisi prius Page ibid. of a great Inquest Page 249 of those that give evidence upon Bills of Indictment Page ibid. Officers The nomination of Officers by Justices of the Peace Page 250 Orchards A Warrant against Robbers of Orchards Page 251 upon non-payment to be whipt Page 252 Overseers see Title Poor Peace A Warrant to find Sureties for the Peace Page 253 to find Sureties for the Peace where an Assault is made upon an Officer in discharge of his Office Page 255 A Supersedeas of a Warrant for the Peace Page 257 A Mittimus for breaking the Peace Page 258 A Release of the Peace Page ibid. The Condition of a Recognizance to appear at Sessions and keep the Peace Page 259 Law-Cases thereon Page 388 Plague A Pass or Certificate in the time of Plague Page 260 Poor A Warrant for the Overseers of the Poor to account and name other fit Persons Page 261 for the making new Overseers of the Poor Page 262 to make Overseers of the Poor impowring them and the Church-wardens to collect the Poors Tax and upon non-payment to destrain Page ibid. A Confirmation of the Rates for the Poor Page 263 A Warrant to levy the Arrears due to the Parish from the former Overseers Account by Distress Page 264 against an Overseer of the Poor for not keeping of monthly Meetings Page 265 to destrain for the Poors Tax Page 266 A Mittimus where there is not sufficient to destrain Page 267 A Warrant for removing one come to a Parish Page 268 to send a Wife and Child to her Husband in the Parish from whence they came Page 269 for apprehending one for returning to the Parish from whence he was removed Page 270 against those who come to work and return not at the end of their work Page 271 A Mittimus to the House of Correction of one that refuseth to be removed after his work finished Page 272 A Warrant and Mittimus for one who runs away and leaves his Family upon the Parish Page 273 A Mittimus on the foregoing Warrant Page 274 A Warrant to the Overseers of the Poor to pay Arrears and continue weekly relief to poor Persons Page ibid. to levy Relief for the Poor Page 275 A Bond and Condition to the Church-wardens and Overseers of the Poor to save a Town harmless upon inhabiting there Page 276 A Release from the Overseers of the Poor to one that paid five pounds to be freed from keeping a Bastard-child Page 277 The manner of se●…ling and making up the Overseers Accompts in their Books Page 370 Overseers Warrant Page 380 Law-Cases thereon Page 387 Prisoner A Warrant to allow a poor Prisoner relief Page 279 A Discharge of a Prisoner to a Gaoler Page ibid. Another Page 280 A Warrant for a Prisoner to be bailed Page ibid. A Warrant from a Judge to bring a Prisoner from a Gaol to give evidence Page 281 Quakers A Mittimus of Quakers Page 282 Rape A Warrant concerning Rape Page 283 Rates for Hay Oats c. A Warrant to appoint Rates for Hay Oats c. upon His Majestie 's passing through any Place Page 284 for levying the Penalty forfeited for not observing the Rates aforesaid Page 285 Recognizances Directions thereupon Page 286 A Condition for the Peace Page ibid. The manner of entring the note of Recognizances in your book of Recognizances Page 287 Directions for drawing Conditions of Recognizances Page 288 A single Recognizance taken before Justices of the Peace Page 289 Another single Recognizance Page 290 A Recognizance to prefer an Indictment or to prefer a Bill and give evidence Page ibid. for two to give evidence Page 291 to give in evidence against a Prisoner Page ibid. for the Good behaviour Page 292 Another Page 293 A Recognizance to give in evidence against one that is suspected of Felony Page ibid. A Recognizance for keeping of a Tavern Page 294 for one that is bayle for a Boy that lay under a Bed in the night Page 295 for Bastardy where two are Manucapters for the man in custody Page 296 for a married Woman upon rescue Page ibid. for one that hath hurt another and on the Warrant of Behaviour Page 297 for the Peace Page 298 for Felony Page 299 A Release of a Recognizance written under the Recognizance thus by the same Iustice or by some other c. Page ibid. The Parties Release of the Peace Page 300 Riot A Precept to the Sheriffs to return a Jury to enquire upon a Riot Rout or unlawfull Assembly Page 301 The like Precept in Latine Page 302 A Warrant for certain riotous Persons Page 303 Law-Cases thereon Page 399 Rogues A Warrant for apprehending and committing a dangerous Rogue Page 304 A Mittimus of a dangerous Rogue Page 305 Law-Cases thereon Page 388 Sacrament A Certificate for receiving the Sacrament and Oath Page 306 for receiving the Sacrament according to the Act Page 307 A Testimonial upon the receiving the Sacrament according to the Act Page 308 A Declaration to be subscribed according to the Act Page ibid. Scavengers A Warrant for Scavengers to distrain Page 309 Search A Warrant to search for stoln Goods Page 310 to make general search for Rogues Vagabonds c Page 311 Servants A Warrant for sending a Servant to his Service to serve the time agreed to prevent charge on the Parish Page 311 A Mittimus against one that returneth into a Parish after he was removed Page 312 A Warrant to levy 40 s. on the Master for putting away his Servant before the end of his Term Page 313 for not paying wages Page 314 for relief of a Man-servant that is out of service Page 315 A Warrant against one that departeth out of service before his time expired Page 316 to fetch back a Servant Page ibid. A Discharge of a Servant from his service within the time agreed upon his absenting himself Page 317 A Testimonial for the discharge of a Servant Page 318 Silk-Throsters An Order for the payment of moneys to a Silk-Throster by his Workman who imbezils his Silk Page 319 A Warrant against an Offender for not performing the Order beforementioned Page 320 Souldiers A Warrant to warn in a Muster at a certain day Page
diligence to perform the uttermost you shall be commanded by the Judges of the Court aforesaid So help you God The Oath of a Constable YOU shall well and truly serve the King's Majesty in the Office of a Constable of the Parish of A. all Commissions Precepts and Warrants that are directed to you and shall come to your hands you shall to the best of your power cause to be duly and truly executed all Riots and Misdemeanours and breach of the Peace suppress You shall punish all Rogues Vagrants and idle persons according to the Laws of this Land in that case made and provided you shall diligently pursue all Hues and Cries you shall see that the King's Majestie 's Watch within the said Town of A. be duly and truly set according to His Majestie 's Laws you shall also do your best endeavour to suppress Drunkenness within the said Pa●…ish and to see the Laws and Statutes concerning the same to be duly put in execution and all other things belonging to the Office of Constable so long as you shall continue in your Office you shall well and truly perform and doe so near as you can So help you God The Oath of an Ale-caster YOU shall swear that you shall well and truly serve the King's Majesty in the Office of an Ale-caster or an Assiser of that Liberty or Hundred for this year to come you shall duly and truly see from time to time that the Bread brought to be sold be truly weighed and that the same do contain such weight according to the prizes of Wheat as the Statute in that case hath provided likewise you shall have diligent care during the time of your being in office to all Brewers and Tiplers within your Liberty that they and every of them do make good and wholsome Bear for man's Body and that the same be not sold before it be assayed by you and then to be sold agreeable to the prices limited and appointed by the King's Majestie 's Justices of the Peace and all faults committed and done by the Bakers Brewers and Tylers or by any of them you shall make known and present the same at the next general Sessions to be holden for the said County you shall likewise present all Offences of Drunkenness and haunting of Inns and Ale-houses by the Inhabitants of the Parish or of any other neighbouring Parishes whereby due punishment may be inflicted upon them for their Offence accordingly and in every other thing you shall well and truly behave your self in the said Office for this year to come so help you God and by the Contents of that Book The Oath of a Commissioner of Sewers YE shall swear that you to your cunning wit and power shall truly and indifferently execute the Authority to you given by this Commission of Sewers without any favour affection corruption dread or Malice to be born to any manner of Person or Persons And as the case shall require ye shall consent and indeavour your self for your part to the best of your knowledge and power to the making of such wholsom just equall and indifferent Laws and Ordinances as shall be made and devised by the most discreet and indifferent number of your fellows being in Commission with you for the due redress reformation and amendment of all and every such things as are contained and specified in the said Commission and the same Laws and Ordinances to your cunning wit and power cause to be put in due execution without favour meed dread malice or affection as God you help and all Saints The Oath of a Searcher in the Custome House YE shall swear That ye shall serve the King well and truly in the Office of the Searcher-ship in the Port of N. and doe the King's Profits in all things that belongeth to you to doe by way of your Office and well and truly ye shall make due search of all the Ships and Vessels coming in or passing out of the said Port and truly answer the King of all that shall belong unto him in your said Office without fraud or malign after your wit and power As God help you The Oath given to a Iury before Evidence given in against a Prisoner at the Bar. YOU shall true deliverance make between our Sovereign Lord the King and the Prisoner at the Bar as you shall have in charge according to your Evidence as near as God shall give you Grace So help you God and by the Contents of this Book The Oath given to a Bayliff or Serjeant that attendeth on any Iury or Inquest at an Assise YOU shall well and truly keep this Inquest from Meat and Drink Fire and Candle you shall not suffer any man to speak with them neither shall you your self speak with them more than ask them if they be agreed untill such time as they be agreed So help you God and by the Contents of this Book The Oath of him who craves the Peace against another YOU shall swear that the surety of the Peace which you crave against A. B. is not for hatred or malice which you ●…ear him but for safety of your Body from harm which you fear he will doe or procure to be done unto you So help you God Or thus YOU shall swear that the surety of the Peace which you crave against A. B. is not of any private malice hatred or evil will but meerly that you are afraid of your life or the hurting or maiming of your Body or the burning of your houses So help you God Another Oath to give a man upon examination or upon information YOU shall true answer make to all such matters as shall be demanded of you concerning the beating of A. B. you shall speak the whole truth and nothing but the truth So help you God The Oath of him that gives Information THE Information that you shall give on the King's Majestie 's behalf against A. B. shall be the truth the whole truth and nothing but the truth So help you God Sometimes you pump a Witness by this Oath thus YOU shall true answer make to all such questions as by me shall be demanded of you So help you God The Oath to be given to any Iury by whom a Nisi prius is to be tryed YOU shall truly try this Suit of Nisi prius between Party and Party according to the Evidence as shall be given you in Court as near as God shall give you Grace So help you God c. The Oath to be given to such as are to give Evidence between a Party and Party at a Nisi prius THE Evidence that you shall give to this Inquest concerning the matter in varience shall be the truth and the whole truth and nothing but the truth so near as God shall give you Grace So help you God c. The same Oath that your Foreman hath sworn you of your part shall well and truly keep So help you God c. The Oath of a great
some or one of you do in the Market-town within the said Hundred on the Market-day now next ensuing cause to be proclaimed the Rates aforesaid as also that you do in the like manner cause to be proclaimed the Rates aforesaid in all the Towns and Villages within the said Hundred within c. days now next ensuing to the end that notice may be taken of the same Rates and Prices Hereof fail not at your perils Given under our hands and seals the c. For a Bushel of Oats c. And so ratably for every greater or lesser quantity c. A Warrant for levying the Penalty forfeited for not observing the Rates aforesaid To the Constable and Borsholders of the Hundred of A. in the said County and to every of them K. ss FOrasmuch as it hath been duly proved before me That A. B. of C. in the said County Inn-keeper hath taken of C. D. Yeoman of the Guards more for his Lodging c. during His Majestie 's late abode within this Division than by the Justices of the Peace of this County was according to the form of the Statute in that case made and provided set down and appointed contrary to the form of the Statute aforesaid These are therefore in His Majestie 's name to will and require you and every of you that you some or one of you do levy to the use of the said C. D. by Distress and Sale of the Goods and Chattels of the said A. B. 40 s. by him forfeited to the said C. D. for the Offence aforesaid returning the over-plus to the said A. B. the charge of the Distraining being first deducted Hereof fail not at your perils Given under my hand and seal the c. Recognizances When you take a Recognizance of any it must be in Latine set down the time of making it the Principal 's name and dwelling Place and his Trade or Calling and so of the others his Sureties and bind them in a summ of money to the King and that being done you reade the same Recognizance in English thus viz. for the Peace YOU A. B. of C. c. do acknowledge your self to owe unto our Sovereign Lord the King's Majesty twenty pounds And you C. D. of H. c. and E. F. of I. c. his Sureties do likewise each of you acknowledge to owe unto our said Sovereign Lord the King's Majesty ten pounds apiece to be levied of your several Goods and Chattels Land and Tenements to His said Majesty His Heirs and Successors upon condition That if the said A. B. shall personally appear before our said Sovereign Lord the King's Majestie 's Justices of the Peace at the next general Sessions of the Peace to be holden for this Burrough of A. and do then and there make answer unto all such matters which on His Majestie 's behalf shall be objected against him and in the mean time to keep the Peace towards our Sovereign Lord the King's Majesty and all His Liege-people but especially towards one G. H. and do not depart thence without Licence from the Court then your Recognizance to be void or else to stand in full force The Recognizance being made is to be engrossed in Parchment and subscribed with the Justice's hand onely But he that enters into it need not put his hand or seal to it Note All Recognizances for the Peace are to be stiled At the next Sessions of the Peace And for Felony At the next Gaol-delivery The manner of entring the note of Recognizances in your Book of Recognizances A. B. de C. c. xx li. ad Comparendum ad proximam Sessionem Pacis conservare versus C. D. c. E. F. de C. c. x li. G. H. de C. c. x li. Subscribe the Cause thus Bound over for the suspicious stealing of a Cow being the Goods of A. H. c. as the Case requireth R. P. de Paroch A. c. Victular 10 li. R. S. de Paroch A. c. Victular 5 li. P. S. de Paroch A. c. Victular 5 li. Sub Conditione quod praedict ' R. P. bene fideliter observavit omnes singulos Articulos in Licentia sua pro Tipulatione Content ' Capt ' Recogn ' XX die Maii Anno Dom. 1680. Coram Nobis c. The Recognizance must be certified to the next Sessions or Gaol-delivery where he or they is are or hath been Justices that the Party so bound may be called And if the Party make default the same then there to be recorded and the same Recognizance with the Record of that default shall be sent and certified in the Chancery the King's Bench or into the Exchequer Every Condition of a Recognizance must have these things 1. It may be in English 2. It may have the first words The Condition of this Recognizance is such That if the above bounden A. B. c. 3. It must shew what he is bound to doe As personally to appear at the next Quarter-sessions to be holden for the County of K. and in the mean time to be of Good behaviour towards our Sovereign Lord the King and all his People or as the case requireth 4. The Close thus That then this Recognizance to be void or else to stand in force All this may be done on the back of the Recognizance or underneath it A single Recognizance taken before Justices of the Peace K. ss MEmorandum Quod tertio die Aprilis anno Regni Domini nostri Caroli Secundi Dei gratia Angliae Scotiae Franciae Hiberniae Regis Fidei Defensoris c. venerunt coram A. B. C. D. Armig. Iust. dicti Domini Regis ad Pacem in Com. K. conservand Assig R. H. de S. in Com. praedict Yeoman T. H. de eodem Carpenter ac R. S. de F. in Com. praed Mercer Recognover se debere dicto Dom. Regi viz. quillbet Manucaptor praed Quinque libras praed R. H. decem libras bonae legalis monetae Angliae solvend eidem Dom. Regi in Festo Nativitatis Sancti Johannis Baptistae proximo futuro post datum praesent Et nisi fecerint concesserunt pro se Haered Executor Administrator suis per praesentes quod dictae separales summae leventur recuperentur de Maneriis Messuagiis Terris Tenementis Bonis Catallis Haereditamentis ipsorum R. H. T. H. R. S. haered Executor Assign suorum ubicunque fuerint invent Dat. c. Another single Recognizance K. ss MEmorandum Quod quarto die Januarii Anno Regni Dom. nostri Caroli Secundi Dei gratia Angliae c. A. B. de C. in Com. praed Yeoman personaliter venit coram R. K. Armig. uno Iust. dicti Dom. Regis ad pacem in Com. praedict Conservand Assign Recognovit se debere dicto Dom. Regi decem libras bonae legalis monetae Angliae de Bonis Catallis Terris Tenementis suis