Given under my Hand c. To the Constables as in the last 4 Glouc. ss W S. c. It being duly proved before me that I S. of your Parish did the first day of May last being the Lords day at Dale aforesaid without reasonable cause carry burthens viz. a busheâ— One of these is enough of Wheat to a Mill there or do worldly labour and work viz. drive his Cattel from one grounâ— to another half a mile distant contrary to the Act of Parliament in that case provided By which he hath forfeited five shillings to the use of c. as it is in the last word by word Given under my Hand and Seal c. We give you no Presidents here to levie the forfeitures upon them that serve Process use Coaches or Boats that come in late Saturday night or gâ— out early on a Munday morning nor against then that are singing dancing or tipling in an Ale-house or Miller grinding on this day nor againâ—â— the Officers that neglect to punish them becausâ— we conceive none can be granted against them tilâ— they be convicted which cannot be but by Indictment 5 Glouc. ss W S. and I S. two c. To all the Constables Churchwardens and Overseers of the Poâ— of the Parish of Newent in the County of Glouc Information and Complaint being given in and made unto us That the Prosanation of the Lordâ— day is very much and frequently practised within your Parish by the disorderly meetings of young people by gaming sports and pastimes drinking tipling and by other means contrary to the Laws in that case provided and that you are negligent in the duties laid upon you by the same Laws These are therefore straitly to charge you henceforth to look to it that no such disorders be hereafter among you but that you forbid the same and that you do from time to time acccording to the duty of your places make diligent search for the finding out apprehending and punishing of all them that shall be found offenders herein And that you do inform us hereof as occasion shall be And that you or some one of you appear before the Justices of the Peace at the house of c. upon to bring in the names in writing of those persons who shall in the mean time offend in the premises Letting you to know that if you fail hereof we shall not fail to inflict the punishment appointed by the same Laws upon you for your neglect therein Given under our Hands at the Castle of Gloucest this 21 day of c. CHAP. IV. About Felony To all Constables and Tythingmen within the County of Gloucest 1 Glouc. ss To search for a Felon W S. c. Whereas information hath been given to me that there hath been ten Sheep lately taken away from I S. of D. in this County the which he doth suspect to be stollen and the Felon is suspected to lie hid in some one of the places or Parishes adjacent These are therefore to require you and every of you forthwith to make diligent search in all suspected places with in your Parishes for the said Felon And in case you shall find the Felon or any of the same sheep or shall find any other just cause to suspect any person whatsoever of the same Felony thaâ— you cause the same sheep to be secured and the said Felon to be apprehended and brought before me or some other Justice of the Peace of the said County to be examined concerning the premises And that you warn the said I S. to be and that you your self be also before the same Justice at the time of his examination Given under my Hand this c. To the Constable of Dale within this County 2 Glouc. ss Whereas complaint hath been made to me by N O. that of late he hath had feloniously taken from him certain goods or six Oxen or a gray Mare c. as the case is and that he hath in suspition Another of the same divers and evil disposed persons within your Parish of Dale These are to require you that immediately upon sight hereof you make diligent search in all and every such suspected houses and places within your Parish as you and the said N O. shall think convenient And if upon your search you find any of the said goods in the hand of any person or shall have any other just cause of suspicion of any person that then you bring such suspected person before me or some other c. to answer the premises And hereof c. Observations on these Warrants Some have disliked these Warrants and upon some good reasons also for it is a Rule that no man can arrest for Felony upon the suspicion of another but upon his own suspicion And some unhappy use is oft-times made of these Warrants and honest men abused by them But we conceive that common usage hath made these Warrants justifiable at this day and that the same Justice of Peace upon information may take up the suspicion and proceed upon his own suspicion To the Constable of Dale within this County 3 Glouc. ss Information being given to me upon the Oath of I S. that he hath of late two sheep feloniously taken from him and that he hath in suspicion one To apprehend a Felon T K. of your Town Tailor These are to require you presently upon receipt hereof to apprehend the said T K. and thereupon to bring him before me to answer to the premises And hereof c. Observatians upon this Warrant This Warrant hath been also excepted against but we conceive at this day there is no cause to doubt of it And that Warrants may be granted by a Justice to attach persons suspected of Felony before they be indicted for it But upon an indictment of Felony without question any Justice of Peace may arrest the party indicted by such a Warrant as this which followeth To all Constables as at the first 4 Glouc. ss W S. c. These are to will and require you presently upon receipt hereof to attach the body of A B. who stands indicted for a Felony by an Indictment taken at the last general Quarter Sessions of the Peace for the County of Glouc. And him to bring before me or some other Justice of the Peace of this County to be dealt with according to the Law Or thus And him to carry to the common Gaol within the Castle of Glouc. there to be kept until he be delivered by due course of Law It may be made both these ways And hereof c. 5 Glouc. ss W S. c. To the Constables of c. These are to require you upon sight hereof to warn to To bind men to give in evidence against a Felon be before me or some other Justice of Peace of this County within three days next following the persons undernamed to the end that they may be bound before him to make their
incontinency or common harbourers and entertainers of Whores Rogues or Thieves or common Robbers of Orchards or have sold Ale or Beer without License and contrary to the command of the Justices of the Peace or are idle persons wandring up and down fare well and spend much in Ale-houses and having no known and visiblâ— estate to maintain it or that I S. hath begotteâ— a bastard child on the body of the said M. anâ— that the same is like to be chargeable to the Parish of Dale or that he had his hand in the sending away of L M. the reputed Father of a bastard child there left to the charge of your Parish These are therefore to authorize and require yoâ— and every one of you forthwith to cause to come and in case of refusal to apprehend and arrest the said I S. and M. and them to bring before me or some other Justice of the Peace of this County â—â— the end that they may find sufficient Sureties fâ—â— their appearance at the next General Sessions of the Peace to be held for the County of Gloucest and in the mean time to be of good behaviour towards our Lord the King and all the People of this Commonwealth And if they shall refuse â—â— do the same that then you carry c. as in the last to the end And hereof c. 3 Glouc. ss Another of the same W S. c. To c. These are to require you that immediately upon sight hereof you cause to come or bring before me I S. of c. to answeâ— to such matters as on the behalf of the Kings Majesty shall be objected against him by the complaint of M M. And also that you require him tâ— bring Sureties with him for his good appearing tilâ— the next General Sessions of the Peace to be held for the County of Glouc. And hereof c. 4 Glouc. ss For the reputed father of a bastard child W S. Esquire c. To the Constable of c. Whereas it is proved before me that M S. of c. single woman is with child of a bastard child and that I S. is the reputed Father of it These arâ— therefore to authorize and require you and everâ— of you that presently upon the receipt hereof yoâ— cause to come or bring the said I S. and M S. before me or some other Justice of Peace of this County to find sufficient Sureties as well for their appearance c. as in the last And hereof c. 5 Glouc. ss Against one indicted W S. c. To c. It appearing to me by the Records of the Sessions of the Peace for this County that I S. of your Parish of D. stands indicted there for selling Ale and Beer contrary to the command of the Justices of the Peace And that he hath not as yet appeared nor pleaded to the same indictment and that the same is still depending and in force against the said I S. These are therefore as in the last And hereof c. And thus may any Justice of Peace do upon any Indictment for such an offence as for which a man doth deserve to be bound to the good Behaviour as for Incontinency common Swearing common Drunkenness and the like 6 Glouc. ss Another very short for the good Behaviour W S. c. To c. I S. of your Parish of D. being duly convicted before me of such matter of misbehaviour as for which he ought to be bound with Sureties for his good behaviour These are therefore c. as in the rest This last Warrant may serve in any case or for any cause whatsoever for which a man is to be bound to the good Behaviour unless it be where the offender is to be bound for a limited time onely And then the Warrant may say I S. being convict before me of such an offence for which he is to be bound to the good Behaviour seven years These are c. as in the rest but say To the end he may be bound with Sureties c. for seven years c. And hereof c. A Warrant for the Peace upon a Supplicavit G M. one of the Justices of the Peace of our Soveraign Lord the Kings Majesty within the County of L. To the Sheriff of the said County the Constables of the Hundred of W. the Borsholdeâ— of the Town of M. and to all and singular the Kings Majesties Bailiffs and other Ministers as well within Liberties as without in the said County and to every of them Greeting Know ye that I have received the Commandment of ouâ— said Soveraign Lord in these words reciting the whole Writ of Supplicavit which many times differs in form because it is sometimes directed to all the Justices of Peace sometimes to them and the Sheriff and sometimes to one Justice alone or reciting onely the effect of the Supplicavit thus Know ye that I have received the Commandment of our said Soveraign Lord to compel A P of M. in the said County Yeoman to finde sufficient Surety for his Majesties Peace by him to be kept towards C D. of the said Town of M. Tailâ—r And therefore on the behalf of our said Soveraigâ— Lord I command and charge you joyntly and severally that immediately upon the receipt hereof you cause the said A B. to come before me aâ— M. aforesaid to find sufficient Surety and Mainprize for the Peace to be kept towards our said Soveraign Lord and all his liege People and especially towards the said C D. And if he the said A B. shall refuse thus to do that then you him safely convey or cause to be safely conveyeâ— to the next Gaol of his Majesty in the said County there to remain until that he shall willingly do the same so that he may be before the Justices of the Peace of our said Soveraign Lord within the said County at the next General Sessions of the Peace to be holden at N. there to answer to our said Soveraign Lord for his contempt in this behalf And see that you certifie your doing in the premisses to the said Justices at the said Sessions bringing then with you this Precept Given at M. aforesaid under my Seal c. The Return upon the back of the Supplicavit may be thus The Execution of this Writ appeareth in a certain Schedule to the same Writ annexed Then may that Schedule be thus I G M. one of the Keepers of the Peace of our Lord the King in the County of L. certifie into the Chancery of our said Lord the King That by vertue of that Writ unto me by C D. in the same Writ named being first delivered personally before me such a day and year have caused to come A B. in the said Writ named and the same A. have compelled to find sufficient Surety and Manucaptors for the Peace according to the form of the said Writ In testimony whereof to this my present Certificate I have set
the form of the Statutes in that case provided And therefore I the aforesaid W S. the said I D. E F. G H. did then there arrest and cause to be sent to the next Gaol of his said Majesty for the said County within the Castle of Gloucest as convict of the said forcible detaining by mine own view and record there to abide till he shall make Fine to his said Majesty for his offences aforesaid Dated at Dale aforesaid under my Seal the day and year aforesaid The Record of a Riot upon the view of the Justices 2 Glouc. ss Memor That the first day of March we W S. and K L. Esquires two of the Justices of our Soveraign Lord the King now assigned to keep the Peace in the County of Gloucest at the complaint of I S. of W. in the County aforesaid Yeoman in our proper persons came to the dwelling house of the said I S. at W. aforesaid and there we found certain persons A B. c. and other evil doers and disturbers of the Peace of our Lord the King to the number of eighty persons in a warlike manner arrayed to wit with Swords Staves Bows and Arrows riotously and unlawfully gathered together and the same house so keeping to the great disturbance of the Peace of our said Lord the King and the terrour of his People and against the form of the Statutes in that case provided And therefore wee the said Justices of the Peace the bodies of the said A B. c. did then arrest and to the next Gaol of our Lord the King did then cause them to be carried by our Record of the Trespass aforesaid convict in our presence there to abide till they shall make their Fine to our said Lord the King for their trespass afore said In testimony whereof wâ— have put our Seals to this Record Dated at W. aforesaid the day and year aforesaid The form of the Mittimus to the Gaol W S. one of the Justices of the Peace of ouâ— Lord the King within his said County of Gloucest 3 Glouc. ss To the Keepers of his Highness Gaol within the Castle of Glouc. within the same County and to his Deputy there Complaint being made to me this present first day of May of a forcible and riotous detainer of a House made by K L. c. and M N. of c. the which having viewed I find to be true against the Peace of our said Lord the King and the Statutes in that case provided Therefore I send you by the bringers hereof the bodies of the said K L. and M N. convicted of the said forcible holding or Riot by mine own view testimony and record commanding you in his Majesties Name them to receive and safely keep in your said Goal until such time as they shall make their Fines to our said Lord the King for the said trespasses and shall be thence delivered by order of the Law of the Land at your peril Given at W. aforesaid under my Seal the day and year aforesaid The Precept to the Sheriff to return a Jury 4 Glouc. ss W S. c. To the Sheriff of the said County of Glouc. I command you that you make to come before me at c. time and place twenty four honest sufficient and lawfull men of the neighbourhood of W. within this County whereof every one shall have forty shillings of Lands Tenements and Rents by the year at least above reptises or to enquire if A B. c. and other malefactors and disturbers of the Peace of our Lord the King in one Messuage and twenty acres of Land of C D. of c. with a strong hand upon the possession of the said C D. did enter or the same with force do yet hold and occupy to require upon their Oaths for our said Lord the King of a certain entry or detainer made with strong hand in the Messuage or dwelling House of A B. at W. aforesaid against the form of the Statutes in that case provided And you are to see that you return upon every one of the Jurors by you to be impannelled twenty shilling of issues at the same day of return And hereof you are not to fail under pain of twenty pounds which you know you are to bear if you be negligent in the premises Witness me the said W S. the first day of c. The Verdict of the Jurors 5 Glouc. ss An inquisition for our Lord the King taken at Dale in the County of Gloucest the first day of May by the Oaths of A B. C D. good and â—awfull men of the County before W S. one of â—he Justices of our said Lord the King to keep the Peace in the said County assigned and to hear and determine divers Felonies Trespasses and other evil deeds committed in the same County who say upon their Oaths that C L. of c. Yeoman was lawfully and peaceably seised in his demesne as of Fee of and in one Messuage c. with the appurtenances in Dale aforesaid and his possession and seisin aforesaid so continued until A B. c. and other unknown persons the first day of May by Force and Arms to wit with Swords and Staves Bows and Arrows into the said Messuage entred and the said C D. thereof disseised and with a strong hand him expelled and him the said C D. so disseised and expulsed from the said Messuage c. from the aforesaid first day of May until the day of the taking of this inquisition with the same strength and armed power have hitherto kept out and yet doth keep out to the great disturbance of the Peace of our said Lord the King and against the form of the Statutes in that case made and provided whereas none of them nor any other whose state they or any of them had or have or any thing in any parcel thereof had or have within three years last before his said Entry nor at any time before to the knowledge of the said Jurors Warrant for Restitution 6 Glouc. ss W S. c. To the Sheriff of the said County Greeting Whereas by a certain inquisition of the Countrey taken before me at Dale in the County aforesaid the day of c. upon the Oath of A B. C D. c. and according to the form of the Statute in that case of forcible entry provided It was found that A B. c. and others c. as it is in the Inquisition under those words in that case provided as by the said inquisition doth more fully appear of Record Therefore on the part of our said Lord the King I command and require you that you all together with the power of the County if need require go to the said Messuage and other the premises and the same with the appurtenances do cause to be resâ—ised and the said C D. to and in his full possession there of as he was in before the same Entry you cause
The Sureties and the Sum are in his discretion but if it be in case of Felony he must see he take good Sureties for the Prisoners appearance and bind him in a good sum to do it or he may be fined for his neglect herein If any Law appoint what the Sureties and what the Sum shall be that the party bailed must give that must be pursued 4. If the Justices shall at any time judge the Sureties insufficient they may compel the party bailed to put him in better Sureties or commit him to Gaol for lack of Bail 5. It is said That if the Sureties doubt the Prisoner that he will run away and not appear that they may take him and carry him to the Justice and desire to be discharged and that the Justice must discharge them and that the principal is then to be committed till he put in new Sureties The Forms of Recognisances 3 Glouc. ss Md. That the first day of May I S. of D. in the County of G. Yeoman came before me W S. Esquire one of the Justices of the Peace of the County of G. at K. in the same County and acknowledged himself by way of Recognisance to owe unto our Lord the King and his Successors twenty pounds of lawfull English money to be levied of his lands and tenements goods and chattels to the use of our said Lord the King and his Successors if he fail in the Condition indorsed If there be more then one to be bound then it is thus Md That the first day of May I S. of c. C D. of c. and E F. of c. all three of them came before me and acknowledged themselves severally to owe our Lord the King and his Successors ten poundâ— a piece to be levied c. if I S. fail in the Condition indorsed Another of the same 4 Glou. ss Md. That I S. of c. G D. of c. and E F. of c. the first day of May c. came before us W S. and L S. two of the Justices of the Peace within the County of G. And the said I S. did assume for himself in the sum of twenty pounds of lawfull money of England to our Lord the King And the said C D. and E F. became bound for the said I S. either of them in the sum of ten pounds a piece of like lawfull money to our said Lord the King to be levied of their lands and tenements goods and chattels by way of Recognisance under the condition following viz. Another of the same 5 Glouc. ss Md As in the former which several sums of money every of them hath acknowledged to owe to our Lord the King and his Successors if the said I S. shall make default in the Condition following viz. Another of the same 6 Glouc. ss Md. That the first day of May c. at Dale in this County I S. of c. C D. of c. and E F. of c. came before us W S. c. two of the Justices c. and did undertake for L M. of c. each of them under the pain of twenty pound a piece of lawfull English money And the said L M. did then and there assume for himself in pain of forty pounds of like lawfull money and all of them to our Lord the King and his Successors to be levied of their lands and tenements goods and chattels by way of Recognisance to the use of our Lord the King if the said L M. shall fail in the Condition hereafter following viz. If the party to be bound be within age or a Woman married then he or she must be bound by others after this manner as in the last leaving out the last clause And the said L M. c. And by these all other Recognisances may be made for they are after one form and the difference is in the Conditions which do now follow It is best to make them in Parchment and yet being in Paper they are good enough in Law If the Condition be on the back of the Parchment or Paper wherein the Recognisance is as it must be to the two first Presidents abovesaid that conclude if he fail in the Condition aforesaid Then it must be thus 7. To prefer a Bill of Indictment The Condition of the Recognisance within written is such that if the within bounden I S. shall at the next general Gaol-delivery to be holden in the County of Gloucest prefer or cause to be preferred one Bill of Indictment against one A B. late of G. in the said County of Gloucest Labourer now a Prisoner in the Castle of Glouc. for the felonious taking of twenty sheep of the goods of the said I S. or for the felonious killing of T S. and shall also then and there give the best evidence he can concerning the same as well to the Grand Jury that shall then make enquiry of the Felony as also to them that shall pass upon the Trial of the said A B. and not depart without license of the Court That then the same Recognisance shall be void Or thus The Condition c. That if the said I S. shall personally appear at the next general Gaol-delivery to be holden for the County of Glouc. before the Lords the Justices of Assize and Gaol-delivery and shall then and there prefer c. as in the last 8. To give in evidence The Condition of the Recognisance within written is that if the within bounden I S. do and shall personally appear at the next general Gaol-delivery to be holden in the County of G. before the Judges there or at the general Sessions of the Peace to be held for the County of G. as the case is before the Justices of the Peace there and then and there pursue and give the best evidence he can against one A B. late of C. in the said County Labourer now a prisoner in the Castle for the felonious taking away of a Mare of the goods of the said I S. and not depart without license of the Court That then c. Or thus That if the within bounden I S. shall personally appear before the Justices of the Peace of the County of Glouc. at the next Quarter Sessions in the County aforesaid to be holden then and there to inform the Court against one A B. of c. now a prisoner in the Castle and not depart without license of the Court That then c. 9. To appear to answer a Felony upon a Bail The Condition of this Recognisance is such that if the within bounden I S. shall make his personal appearance before the Justices of the Peace of the County of Glouc. at the next general Sessions of Peace to be holden for the same County then and there to make answer to our Lord the King for and concerning the suspicion of stealing certain corn That then c. Another of the same and to keep the Peace
to convey her to Bridewel in Glouc. and there to remain until she be from thence delivered by order of Law Given c. Observations on this Warrant It seems to me a safer way in this case to bind her to the good Behaviour for this contempt for there is no way of conviction of this contempt Given c. There are divers offences in Servants Apprentices and Labourers and some in Masters punishable by the Law of 5 Eliz. But because the Law is doubtfull in the sense of it in relation to these things it seems to speak that they are onely punishable at a Sessions of the Peace therefore we give you no Presidents of Warrants for a Justice of Peace but of Sessions In all differences between Masters and Servants we think it best for the Justice to warn the parties onely to be before him and see if he can end the matter between them after this manner To the Constables of D. in the County of G. 3 Glouc. ss Against a Master for wages I S. of c. having made his complaint to me that he being hired by I D. of your Parish he hath turned him away within his time and also refuseth to pay him his wages for the time he hath served him These are therefore to require you to warn the said I D. to be before me such a day to answer the premises and to warn the said I S. to be then there also to make good his complaint c. To the Constables of D. in the County of G. 4 Glouc. ss Against a Servant that departeth being an Apprentice I D. having complained to me that I L. being his hired Servant for one year to be ended at Michaelmas next hath wilfully departed out of his service within the time contrary to the Laws in that case provided These are as in the other changing the things to be changed To the c. as in the last 5 Glouc. ss Against a Master that doth abuse his Servant Apprentice W S. c. Complaint being made to me by I S. an Apprentice against I D. his Master both of your Parish of Dale in this County That the said I D. doth not allow to his said Servant competent meat drink and apparel or doth immoderately correct him and without any cause at all or refuseth to receive and to keep him as the case is These are to require you to warn both the same parties to be before me at W. such a day to the end that I may then examine the same matter and end it if I can c. Given under my hand c. To the c. as in the last 6 Glouc. ss Against a Servant W S. c. Complaint being made to me by I D. a Master against I S. his Apprentice both of your Parish of Dale in this County that the said I S. is a disobedient and stubborn Servant and doth very much miscarry himself towards his Master or that the said I S. hath departed out of his service These are to require you c. as in the last Given c. 7 Glouc. ss Discharge of an Apprentice W S. I H. L M. N O. four of the Justices c. Complaint having been made to us by I S. an Apprentice against I K. his Master both of your Parish of Dale within this County That the said I K. his Master hath not allowed to his said Servant competent diet and apparel befitting such Apprentice and hath sometimes corrected him without any just cause at all and when he had cause corrected him above measure and we having called the same parties before us and examined the Complaint find it to be true And therefore we do think fit to discharge the said Apprentice of his Apprenticeship And therefore do by these presents under our Hands and Seals pronounce and declare That we have for the causes aforesaid discharged the said I S. the Apprentice of his Apprenticehood the first day of May. All these are grounded on the Statute 5 Eliz. 4. CHAP. XII About Rates 1 Glouc. ss To have contribution for a sum charged upon a Hundred for a Robbery W S. and I S. two of the Justices c. To the High Constable of the Hundred of W. in the County of G. and to all the Petit Constables and Tythingmen of the several Parishes and Tythings within the said Hundred Whereas one I S was of late robbed of an hundred pounds within the said Hundred of W. and hath thereupon sued the same Hundred of W. and hath a Judgment to recover an hundred pounds against it the which hath been levied of and charged upon I S. This is upon 27 Eliz. cha 13. and L S. two of the inhabitants of D. within the said Hundred And upon their complaint to us hereof we have according to the Act of Parliament in that case provided for the raising of the same money set a rate upon the Parishes and places with in the said Hundred which rate is hereunto subscribed and annexed These are therefore to require you the said High Constable to give notice thereof to the Petit Constables and Tythingmen of your Hundred And thereupon all the said Petit Constables and Tythingmen are required forthwith equally to distribute and set the same rate upon the inhabitants of their Parishes and Tythings respectively according to the rule of rating for their Poor And the same being rated that they do demand it and in case of non-payment levie it by distress and sale of goods upon every of the inhabitants not paying it respectively And having levied and received the same that they do forthwith bring and pay it in to us or one of us to the end that the same may be paid over to the said I S. and L S. And that you do within fourteen days next following give to one of us an account of your execution of this Warrant at your peril Given c. The rate above mentioned in this Warrant to be annexed thereunto Then let the rate be affixed and see that it be handsomly done with an apt title above it after this manner A Rate made by I S. and W S. Esquires two of the Justices of the Peace c. for the raising of an hundred pounds upon the Hundred of W. charged upon it and levied upon I S. and L S. two of the inhabitants upon a Judgment had by one I S. against the Hundred after a robbery The Parish of Dale I S. six d. I L. six d. 2 Glouc. ss To carry a Prisoner to Gaol W S. Esquire c. one of c. To the Constable of D. in the County of G. A rate being made by you the Constable and Churchwardens of your Parish of Dale and two of the inhabitants there the which rate is annexed and subscribed for the raising of money of your Parish for This is upon 3 Jac. chap. 10. the carrying of certain offenders within
he shall continue with you and be in his good health you do hold him to work and punish him by putting fetters and gyves upon him and by moderate whipping of him And that you give him no more for his maintenance then what he shall deserve or earn by his labour And that you have the said I S. and this Precept at the said next Quarter Sessions A Mittimus of a vagrant or disorderly person 9 Glouc. ss W S. c. We have sent you herewithal the body of E C. of G. in this County being an idle dissolute and disorderly person and one that liveth idlie and wandreth begging about the Countrey and brought before us by the Constable of Dale whom you are hereby required to receive and him to keep in your Bridewel to work until he shall be from thence duly delivered by order and course of Law And in the mean time you are to keep him to work and see to it that he have no more for his maintenance then what he can get by his work And hereof c. A Mittimus for one thae runneth away and leaveth her Charge to the Town 10 Glou. ss W S. c. We have sent you herewithal the body of I L. of W. in the said County single woman being lately delivered of a child and one that is able to labour and thereby to relieve her self and her said child and hath notwithstanding lately run away and left her child upon the Parish to the charge of the same Parish contrary to the Statute in that behalf provided These are therefore to require you to receive her c. as in the last W S. c. We send you herewith the body of I S. of c. for that she being a poor woman able to work and having a great charge of children and like to charge the Parish she doth threaten to run away from her charge and leave it to the Parish These are therefore c. as in the last A Mittimus of the Mother of a Bastard-child 12 Glou. ss W S. We send you herewithal the body of I C. of W. in the said County single woman lately delivered of a Bastard-child likely to be chargeable to the Parish of W. aforesaid and for that the said I C. is able to labour and that thereby she may the better relieve her self and her said child These are to require you to receive the said I C. in your Bridewel there to be punished and set on work during the term of one whole year acccording to the Statute in that behalf provided Observations upon these three last Presidents These three last Mittimus being grounded upon 7 Jac. 4. it is good to advise upon them for the Statute doth not prescribe any way of Conviction unless it come under the general words of 39 Eliz. 4. that these be taken for idle and disorderly persons for that being proved before by two witnesses before two Justices one of them being of the Quâ—rum this is a Conviction of Law For a Mittimus for a forcible Entry see it in Chap. 6. CHAP. XXII About a Supersedeas The Form of Supersedeas 1 Glouc. ss W S. To the Sheriff Bailiffs Constables and other the Officers and Ministers of our Lord the King for the keeping of the peace within the County of Gloucest and every of them Forasmuch as A B. of c. hath personally come before me at Dale in this County and hath found sufficient sureties that is C D. of c. and E T. of c. either of which hath undertaken for the said A B. under pain of ten pounds a piece and he the said A B. hath undertaken for himself under pain of twenty pound that he the said A B. shall well and truly keep the peace towards our Lord the King and all his people especially towards G F. of c. Yeoman and also that he shall personally appear before the Justices of the peace of the said County at the next general Sessions of the peace to be held for the same County Therefore I command you and every of you that you utterly forbear and surcease to arrest take â—mprison or otherwise by any means for the said cause to molest the said A B. And if you have for the said cause and none other taken or imprisoned him that then you do cause him to be delivered and set at liberty without further delay Given at Dale aforesaid under my Hand and Seal c. Another for the same 2 Glouc. ss 2. For the Peace W S. Esquire c. To the Sheriff of the County of Glouc. c. and to all Constables c. Forasmuch as I S. of c. hath come before me and found sufficient surety that he shall keep the peace towards our Lord the King and all his people especially towards I K. of D. aforesaid and that he shall personally appear before the Justices of the Peace of the said County at the next general Sessions of the peace to be holden for the said County Therefore I require and command you and every of you that you do altogether forbear and surcease to attach arrest or imprison him the said I S. or otherwise to molest him by any means for the said cause And if you have upon any Precept for the peace and for that cause and none other already taken and imprisoned him that then you do cause him to be delivered and set at liberty without further delay And this shall be your Warrant Given c. For a Felony There may be a Supersedeas in case of Felony where the prisoner is bailed thus Because A B. of c. hath come before us c. and put in sufficient bail to be before c. to answer the Felony wherewith he is charged c. Or thus 3 Glouc. ss W S. c. To c. Forasmuch c. I do therefore require you that from compelling and imprisoning the said A. and his Wife or either of them any security for the peace towards our Lord the King and all the People of this Common-wealth before you or any of you again to find you do supersede or cause to be superseded And if c. that then you do immediately them out of such prison in which they or either of them are detained deliver or cause to be delivered c. Observations upon these Warrants This last Supersedeas is good though it name â—either the sureties nor the sums wherein they are bound but it is held the better Form to express both 4 Glouc. ss Upon a Supplicavit against an Infant W S. To the Sheriff c. Know ye that I have received a Writ of our Lord the King in these words Charles c. reciting all the Writ word for word Forasmuch as C D. of c. and E F. of c. and the said A B. being the Infant against whom the Writ of Supplicavit was granted have personally
appeared before me the said W S. and the said C D. and E F. have undertaken for the said A B. who is within the age of 21 years to wit either of the said manucaptors in twenty pounds a piece which each of them have acknowledged to owe to our said Lord the King by way of Recognisance to be levied on their lands and tenements goods and chattels to the use of our said Lord the King to wit that the said A B. no damage or ill shall do or procure to be done to any of the people of this Commonwealth in their bodies or burning of their houses and especially to T R. Therefore I require you and every of you to forbear c. as in the rest This may also be to stay proceedings of Arrest or Imprisonment against a man upon good Behaviour or upon a Capias upon an Indictment for Trespass or the like thus 5 Glouc. ss W S. To c. Forasmuch as I S. of c. came before me this first day of c. at Dale in this County and hath found sufficient Manucaptors to be at the next General Sessions of the Peace to be held in this County before the Justices of the Peace there to answer to our Lord the King of certain trespasses contempts and offences whereof he is indicted Therefore I command you c. as in the rest CHAP. XXIII Of a Liberate 1 Glouc. ss W S. c. To the Keeper of the Gaol in the Castle of Gloucest Forasmuch as I S. of c. hath before us found sufficient mainprise to appear before the Justices of the Gaol-delivery at the next general Gaol-delivery to be holden in the said County there to answer the things that shall be objected against him touching the felonious stealing of two sheep for the suspicion whereof he was committed to your Gaol These are to require you in case he be there detained in prison for this and no other cause that you forthwith deliver him and let him go at large Given under our Hands c. 2 Glouc. ss W S. c. To the Keeper c. I S. being by me committed to your custody in your Gaol till he put in sureties for the peace or good behaviour as the case is These are c. as in the last Observations on this If one Justice of his own head commit a man to Gaol or Bridewel he may again deliver him and he need not shew the cause or if it be for the peace or good behaviour to tell the Keeper that he hath taken Sureties we think it safe for a Keeper to have this from a Justice always when he delivers his prisoner By these other Liberates may be made Of a Release I have seen a Release of the Peace by a Justice of Peace that took it and Presidents of Releases of the Peace and good Behaviour but I understand not of what use they are for the party must appear onely the Release of the Peace c. is an evidence that the Prosecutor is not afraid of him and therefore the Court will not probably continue him bound CHAP. XXIV Of a License and Testimonial 1 Glouc. ss To sell Ale W S. and I S. Two of the Justices c. Know all men by these presents That we do hereby license I M. of c. to keep a common Ale-house in L. aforesaid in the house there where he now dwelleth for one whole year next ensuing the date hereof so that he do not during that time suffer any unlawfull Games to be used nor any evil rule or disorder to be done in the same house Dated c. So to brew and sell Beer and keep a common Alehouse c. 2 Glouc. ss To travel on the Lords day W S. c. To all c. I S. of c. where he now liveth having informed me that he had a Father living at D. in the County of S. where he lieth now very sick and he hath a desire to visit him Now know ye that for this cause I do hereby license him to travel upon the next Lords day the direct way to him willing and requiring you not to molest him for the same so he behave himself orderly in his travel Dated c. 3 Glouc. ss Describe him To convey a Rogue I S. a sturdy vagrant beggar of low personage red haired c. and about twenty years was this first day of May openly whipped at W. in the said County according to the Law for a wandring Rogue and is assigned to pass forthwith from Parish to Parish by the Officers thereof the next straight way to P. in the County of W. where as he confesseth he was born or dwelled last for one whole year if the case be so and he is limited to be at P. aforesaid within ten days now next ensuing at his peril Given at W. under the Hands and Seals of W S. Esquire one of c. and I D. the Constable of W. aforesaid 4 Glou. ss For one that hath suffered shipwrack c. Soldier c. W S. c. one c. To all Constables Tythingmen c. Forasmuch as I am credibly informed that I S. the bearer hereof of low personage c. hath been at Sea and there the first day of May last suffered ship-wrack and hath not wherewith to relieve himself in his travel to the place of his birth or last dwelling These are to desire you to suffer him to pass the next way to the said place where he is limited to be within forty days next after the date hereof and not to trouble but rather to relieve him The like may be for a poor Souldier 5 Glouc. ss To travel W S. and I S. two of the Justices c. To all c. The bearer hereof I S. of c. having shew the cause of his travel desired our Testimonial or License for his safe travel to the City of B. shew whither he is to go wherefore we as much as is in us do license him to travel the direct way from H. in the County of G. to the said City so as his journey be not continued longer then twenty days next after the date hereof and pray you to suffer him to pass in peace so as he demean himself orderly And by these a Testimonial may be made for other things as for a Labourer in Harvest-time to go into another Countrey to work or a Servant departing at the end of his year CHAP. XXV Of a Certificate A Certificate of the Presentment or Verdict of the Jury may be made into the Kings Bench the like may be made of the Record of a Force viewed by the Justice These Certificates and the like may be made by the Justice of Peace by way of a Letter inclosing therein the Presentment of the Jury or the Record of the Justice except the same be removed by Certiorari the forms whereof see in the end of