Opinion of Mr. Marrow indeed he is not warned by the common form of Precept and therefore cannot so conveniently take knowledge of the Sessions of the Peace howbeit I think that he ought to serve when he shall be called for matter of Clergy Poult de pace 215. pl. 38. Lamb. 543. 544. CLVII Lamb. 395. 396. Inquest The Justices ought not to commit these Jurors of Enquiry to any Keeper nor to keep them without Meat or Drink nor to carry them out of the Town and yet they may adjorn them to another place to give their Verdict CLVIII Lamb. 397. 398. All others also may freely attend there Priviledg if not for any thing that especially concerneth themselves yet for the advancement of publick Justice and for the service of the King and to this end they are invited thither as I may say by a certain freedom of Access and by protection from common Arrest a thing that is incident to each Court of Record and without the which Justice should be greatly hindred so that if a man come voluntarily to these Sessions with the mind either to prefer any Bill of Indictment or to give Information against another or to tender a Fine upon an Endictment touching himself or do come compelled to make appearance for the saving of his Bond and be arrested by the Sheriff upon common and original process in his coming thither or during his tarrying there it seemeth that uopn Examination of the matter under his Oath he shall be dismissed thereof by the Priviledg of this Court even as it is used in the higher Courts at Westm 1 H. 7. 12 c. 2 H. 7. 4. priviledge Br. 35. Boult 2. cap. 3. pag. 8. § 36. Crumpt 141. b. Inquest CLIX. Lamb. 399. The Justices of Peace saith Mr. Fitzherbert for their parts be bound to inform the People and no doubt the Charge is given as well to instruct those that be ignorant lest they offend unawares as to inquire of those that have already fallen into danger by Offence and thereof it is that many Statutes do expresly command that they shall be openly read or declared at the Sessions Charge CLX Lamb. 400. The manner of giving the Charge and receiving the Verdict at this day differeth from that which the Justices in Eyre were wont to use for you may see in Bract. 116. a. that first one of the Justices did open before the whole Assembly the benefits of the service in hand the commodities of keeping the Peace and the Evils of the contrary and that then the Articles of the Charge were read by one and one to the Jurors who receiving the same at the hands of the Justices did also make answer in the yeilding up of their verdict to each Article severally and by it self which Custom as it had many profits so is it worthy in mine Opinion to be recontinued and brought in ure again Crumpt 11. a. b. Boult 2. cap. 4. pag. 9. Jurisdiction CLXI Lamb. 403. I know that Mr. Fitzh was of opinion that the Justices of the Peace ought at their Quarter Sessions and might at their private Sessions give in charge to the Enquest all such matters as they have power to determine and this he urgeth as well by the Oaths of the Justices who are sworn to do right in all Causes within their Commission or Statutes as also by the ignorance of the Jurors who be instructed only by the Charge which if it be so I see not for my part how either these Justices that are bound to utter all can be discharged or the Jurors that ought to hear all can be informed without this or some such compendious and plain way that may both shortly for the time and lightsomely for the order comprehend the chief substance of all that which belongeth to their Inquiry howbeit as I think it the best for the Justices to rehearse all such points whereof the Jury may make presentment before them so yet I hold them discharged in my slender opinion if they unfold only the Articles of their Commission and of such other Statutes as do expresly Authorize them to make enquiry Indictment CLXII Lamb. 498. I will advise that the Justices shall rather peruse the Bills after that the Evidence shall be thereupon given to the Jury then to put their pens into them before that the Enquest shall be enformed taking it to be not only no hinderance at all to the service but also the most wary and secure way for the Justices themselves to walk Sugestion CLXIII Lamb. 500. In some Cases therefore these Justices may hear one another for every Justice of Peace may upon his proper knowledge make presentments at the Sessions of any Offences done against 2 3 Ph. Mar. 8. 5 Eliz. 13. Concerning the amendments of the High-ways and in this and such like cases his report hath the force of a Presentment of twelve Men so that he and his Fellows may proceed upon it 21 H. 6. 5. CLXIV Lamb. 501. I think that before Justices of Peace Information these Suggestions and Informations both of private Persons be they by word or writing are but of the force to stir up the Justices to recommend the Cause to the Inquest and not to Award any Process upon them unless it be in certain Cases where that validity is especially given by the Statutes CLXV Lamb. 506. Process In the rest of the Statutes viz. except 1 Eliz. 2. 3. 5 Eliz. 1. 23 Eliz. 1. so far as I have found their power of Enquiry is accompanied with the Authority to hear and determine also for this want of Jurisdiction is not found in the Commission of the Peace it self but only in certain Statutes that for weighty Causes do restrain this further proceeding CLXVI Lamb. 507. This Writ of Certiorari is ever directed to the Justices of Peace Certiorari and yet the Custos Rotulorum only hath the keeping of these Records but the ancient Commissioners of the Peace had no Custos Rotulorum especially named in them and then this certifying belonged to them all which form the Writ retaineth to this day and if it fall in Question whether such a Certiorari were delivered to the Justices of Peace or no that must be tryed saith 10 H. 7. 24. by the Verdict of Twelve men CLXVII Lamb. 508 509. Certificate In the making of a Certificate upon this Certiorari the Justices of Peace ought neither to omit that which doth Authorize them nor to exceed that Authority which belongeth unto them For on the one side if they Certifie an Indictment of Felony or of a Riot as taken Coram Justiciariis ad pacem it was not thought enough without saying further necnon ad diversas Felonias c. and otherwise it was doubted whether the Indicted should be quite dismissed or no because the Justices of Peace had then no Record at all remaining with them for
at the least with sufficient sureties to the good behaviour for that his so long obstinacy besides the other Penalties 23 Eliz. 1. § 5. N. 2. Crompt 13 b. 144. Justices C. Lambert 197. Any Justice of Peace within the County in which any Jesuit Seminary Priest or other Priest Deacon or Religious or Ecclesiastical Person mentioned in this Statute shall arive or land may within three days after take the Submission Oath and Acknowledgment of him touching his Obedience to the Kings Majesty and to his Laws and Ordinances provided in Cases of Religion 27 Eliz. 2. § 10. N. 1. supra Dalt 104. cap. 45. Notice CI. Lambert 197. 198. And every Subject having understanding that any such Jesuit Seminary Priest or other the abovesaid shall be within any the Kings Dominions contrary to the meaning of this Statute ought to discover the same to some Justice of Peace or other higher Officer within twelve days after such his knowledge under the pain of a Fine and Imprisonment and that Justice of Peace ought within 28 days after such discovery made unto him to give Information thereof to one of the Kings Privy Council under the pain of CC Marks 27 Eliz. 2. § 13. N. 1. Crompt 45. Dalt 104 105. cap. 45. Forfeiture CII Lambert 198. The Party that doth first discover to any Justice of Peace any Recusant or other entertaining or relieving any Jesuit Seminary or Popish Priest or any Mass to have been said and any of them that were present thereat within three days after the Offence and by reason of his discovery any the Offenders be taken and Convicted shall be freed from danger of the Offence if he be an Offender therein and have the third part of the Forfeiture by such Offence 3 Iac. 5. § 1. N. 3. Dalt 105. cap. 45. Oath CIII Lambert 333 334. Any two Justices of Peace may require any Popish Recusant not making Submission according to this Statute to abjure the Realm upon his Corporal Oath before them 35 Eliz. 1. § 2. N. 1. Dalt 104. cap. 45. infra Justices CIV Lambert 334. Any two Justices of Peace of the County where he shall arive may take the Submission of a Person reconciled to the See of Rome within six days after such persons return into this Realm and minister the Oath 1 Eliz. 1. § 19. N. 4. of Supremacy and of Allegiance and are to certifie the same Oaths so taken at the next Quarter-Sessions upon pain of Forfeiture of Forty pounds 3 Iac. 4. § 24. N. 1. Process CV Lambert 334. Any two Justices of Peace may search the Houses and Lodgings of every Popish Recusant Convict or of every person whose Wife is a Popish Recusant Convict for Popish Books and Relicks of Popery And if any Altar Pix Beads or Pictures or such like Popish Relicks or Books be found as in the opinion of the said Justices shall be thought unmeet for such Recusant to have and use the same they shall be presently defaced and burnt being meet to be burnt And if a Crucifix or other Relick of any Price the same is to be defaced at the General Sessions of the Peace and restored to the owner 3 Iac. 5. § 26. N. 1. Lambert 607. Dalt 108. cap. 45. CVI. Lambert 118. Moreover Bail it seemeth to me that all these Statutes viz. 23 Eliz. 1. § 5. N. 2. c. have this one meaning that a Party so bound may afterward forfeit his Recognisance if he eftsoons offend against the said Statutes CVII Lambert 224. Justices The Treason 1 Eliz. 1. § N. of extolling And 23 Eliz. 1. § 2. absolving or withdrawing Subjects from Obedience and 13 Eliz. 2. § 2. N. 1. of putting in ure Instrument of Reconciliation to Rome are publick Felonies that concern the King and Justices of Peace can only enquire and receive Indictments Lambert 506. Infra Crompt 192. CVIII Lambert 495 496. Ecclesiastical Causes enquirable in Sessions Rome 1. If any Person have within this half year by writing printing teaching preaching express deed or act advisedly maliciously and directly affirmed held set forth or defended the Authority Preheminence Power or Jurisdiction Spiritual or Ecclesiastical of any foreign Prince or Person whatsoever heretofore claimed used or usurped in this Realm or any the Kings Dominions Crompt 124 192. 2. Or have advisedly maliciously or directly put in use or executed any thing in the extolling setting forth or defence of any such pretended or usurped Jurisdiction Preheminence or Authority or any part thereof Crompt 15. 3. Or if any Person compellable to take the Oath of Recognition of the Kings Majesty to be Supream Governour in all Causes within his Dominions have refused to take the said Oath Oath after lawful tender thereof to him made 1 Eliz. 1. § N 5 Eliz. 1. § N. enquirable by words of 23 Eliz. 1. § 8. N. 1. 4. Lambert 496 497. Treason If any Person under the Kings Obedience have at any time within this year by writing cyphering printing preaching or act advisedly holden or stood with to extoll or defend the Power of the Bishop of Rome or of his See heretofore claimed or usurped within this Realm Crompt 15. 5. Or by any Speech open Deed or Act advisedly attributed such manner of Authority to the said See of Rome or to the Bishop thereof within any the Kings Dominions ye shall present him his Abetters Procurors Counsellors Aiders and Comforters 5 Eliz. 1. § 2. N. 2. Crompt 15 b. 6. If any Person have by any means practised to absolve perswade or withdraw any other within the Kings Dominions from their natural Obedience or for that Intent from the Religion now established here to the Romish Religion or to move them to promise obedience to the See of Rome or other Estate Crompt 17 b. 18. 7. Or if any Person have been willingly so absolved or withdrawn or have promised such obedience 23 Eliz. 1. § 2. N. 5. Crompt 14 b. 18 a. 8. And if any Person have willingly aided or maintained any such Offender or knowing such offence have concealed it and not within 20 days disclosed it to some Justice of Peace or other higher Officer 23 Eliz. 1. § 3 N. 1. Crompt 14 b. 18. 9. If any Subject of this Realm have after the Tenth day of June 1606. gone out of this Realm to serve any foreign Prince State or Potentate Or have after the Tenth day passed over the Seas and there hath voluntarily served any such foreign Prince c. not having taken the Oath expressed 3 Iac. 4. § N. before the Customer and Comptroller of that Port Haven or Creek where he had Passage 10. If any Gentleman or Person of higher Degree or any Person which hath born any Office Place or Charge in any Camp Army or Company of Souldiers or Conductor of Souldiers have gone voluntarily out of the Realm to serve any foreign Prince State or Potentate before he became
according to the Tenor and Effect of this Act. Coron And that Iustices of Peace shall have Power and Authority within the limits of their Commissions and Iurisdiction 25 H. 8. C. 6. § 1. N. 5. to hear and determine the said Offence viz. of Buggery with Mankind or Beast as they do use to do in Cases of other Felonies Fowle And be it Enacted C. 11. § 3. N. ◠c. that all Iustices of the Peace within the limits of their Commissions shall have Power and Authority to inquire hear and determine the Offences aforesaid viz. taking Wild-fowle with Nets between the last of May and the last of August or their Eggs c. like as they commonly use to do in Cases of Tresspass Cattel And it is further Enacted C. 13. § 5. N. 1. that the Iustices of Peace of every Shire shall have Power and Authority to inquire of the Offenders of this Act viz. keeping above two thousand Sheep as well by the Oaths of twelve men as by Information of any of the Kings Subjects and to make such like Process upon every Presentment or Information concerning this Act as they use commonly to do upon Presentments before them of Trespass Bayl. Or else in their viz. the Ordinary's default if they refuse C. 14. § 8. N. 2. c. viz. to Bail an Heretick then by discretion of two Iustices of Peace of that Shire where such persons so accused or presented shall inhabit by four sufficient Sureties to be bounden to the Kings use by Obligation or Recognizance to appear before the Ordinaries at such days c. as shall be limited in the said Bonds c. Sewers And that the Kings Iustices of Peace within every of the said Counties of Glocester and Sommerset at their Quarter Sessions 26 H. 8. 5. § 2. N. 1. shall have full Power and Authority to call before them all such persons which hereafter shall keep any of the said Passages or any other Ferry or Passage over the said Water viz. the Severn into Wales or the said Forest viz. of Dean or out of Wales or the said Forest into England and to bind them with sufficient Sureties with them in Recognizance in such sums of mony as it shall seem to the discretion of the said Iustices of Peace that they and every of them being Passengers and Keepers of Ferries and Passages as is aforesaid from henceforth shall not after the said times before limited and appointed viz. beeween Sun setting and Sun-rising convey or carry or cause to be conveyed or carried any manner of person or persons or any kind of Cattel but such persons as they do know and will answer for and know where their Abidings Dwellings and Habitations be and upon request made to them or any of them as is aforesaid shall from time to time disclose as well the same person or persons as the Goods and Cattels so passing the said Passages upon fresh suit made or hereafter to be made upon any Felony Murder or Robbery committed and done in the Borders of the Counties aforesaid or in any other place within this Realm or South-Wales Behavior Be it therefore Enacted 26 H 8. C. 12. § 4. N. 1. c. that every such person and persons within such Orders of Sub-Deacon or above being convict of any pety Treason or of any Murder of Malice prepensed or of any the said Felonies above rehearsed viz. 23 H. 8. 1. § 4. N. 2. or of any accessary to pety Treason c. before any Lord Marcher Steward Lieutenant Deputy or other Iustice or Officer within Wales or within any other place City Town Honour Lordship or Mannor within the Kings Dominion where no Iustices of the Peace and of the Quorum be and thereupon the same Convict admitted unto his Clergy that the same person or persons so being within such holy Orders and Convict c. and delivered unto the Ordinary as Clerk Convict for the same shall or may find two Sureties by Recognizance for his good abearing before two of the Kings Iustices of Peace whereof one to be of the Quorum in the Shire where the said Convict is or shall be kept in the Ordinaries Prison if the same Prison be within the Shire-ground where Iustices of the Peace and of the Quorum be or else before two of the Kings Iustices of Peace whereof one to be of the Quorum in the next Shire adjoyning unto the same Prison 27 H. 8. C. 5. § 1. N. 2. For redress and amputation whereof viz. Of the Increase of Robberies Coron c. and to the intent that one Order of ministring his Laws should be had c. as in other places of this Realm of England c. It is Ordained c. That the Lord Chancellor of England or the Lord Keeper of the Great Seal for the time being from time to time and all times shall have full power and authority by his discretion to nominate and appoint Iustices of the Peace Iustices of the Quorum and Iustices of Goal delivery in the said Counties of Chester Flint Anglesey Caernarvan Pembroke and Glamorgan by Commission under the Kings Great Seal which shall have full power and authority to inquire hear and determin all manner of thing and things inquirable presentable or determinable before Iustices of Peace Iustices of Quorum and Iustices of Goal delivery in other Shires of the Realm of England by force or vertue of any Statute or Statutes made or to be made or by the course of the Common Laws of this Realm C. 16. § 1. N. 2. Or else viz. Bargain and Sale to be inrolled within the same County or Counties where the same Manors Lands Inrolment or Tenements so bargained and sold lie or be before the Custos Rotulorum and two Iustices of the Peace and the Clerk of the Peace of the same County or Counties or two of them at the least whereof the Clerk of the Peace to be one C. 20. § 1. N. 5. And in case the Ordinary of the Diocess or his Commissary Tyths or the Archdeacon or his Official or any other competent Iudge aforesaid viz. in Suit for Subtraction of Tythes for any contempt contumacy or disobedience or other misdemeanour of the party defendant make information and request to any of the Kings most honorable Council or to the Iustices of the Peace of the Shire where such Offender dwelleth to assist and aid the same Ordinary Commissary Arch-Deacon Official or Iudge to order or reform any such Person in any Cause before rehearsed that then he of the Kings said honorable Council or such two Iustices of the Peace whereof one to be of the Quorum to whom such Information or request shall be made shall have full power and authority by vertue of this Act to attach or cause to be attached the Person or Persons against whom the Information or request shall be
made 32 H. 8. cap. 7. § 4. N. 1. § 1. N. 6. And to commit the same Person or Persons to ward Imprisonment there to remain without Bail or Mainprise till that he or they shall have found sufficient Surety to be bound by Recognizance or otherwise before the Kings said Counsellor or Iustice of Peace or any other like Counsellor or Iustice of Peace to the use of our said Soveraign Lord the King to give due obedience to the Process Proceedings Decrees and Sentences of the Ecclesiastical Court of this Realm wherein such Suit or matter for the Premises shall depend or be § 1. N. 7 And that every of the Kings said Counsellors Justices or two Iustices of the Peace whereof the one to be of the Quorum as is aforesaid shall have full power and authority by vertue of this Act to take receive and record Recognizances and Obligations in any of the Causes above-written C. 24. § 2. N. 1. And be it also Enacted c. That no Person or Persons of what estate Deputy degree or condition soever they be c. shall have any power or authority to make any c. Iustices of Peace c. Lambert 25. § 2. N. 2. But that all such Officers and Ministers shall be made by Letters Patents under the Kings Great Seal Patents in the name and by the authority of the Kings Highness and his Heirs Kings of this Realm in all Shires Counties Counties Palatine and other places of this Realm Wales and the Marches of the same or in any other of his Dominions at their pleasure and wills in such manner and form as c. Iustices of the Peace c. commonly made in every Shire of this Realm any Grants Vsages Prescription Allowance Act or Acts of Parliament or aâ— other thing or things to the contrary thereof notwithstanding Indictment And that in every Writ and Indictment § 4. N. 1. that shall be made in any such County Palatine or Liberty c. whereby it shall be supposed any thing to be done against the Kings Peace shall be made and supposed to be done only against the Kings Peace his Heirs and Successors and not against the Peace of any other Person or Persons whatsoever they be any Act of Parliament Grant Custome Vsage or Allowance in Eyre before this time had granted or used to the contrary notwithstanding Franchise Provided alwayes that § 5. N. 1. c. Iustices of Peace to be made and assigned by the Kings Highness within the County Palatine of Lancaster shall be made and ordained by Commission under the Kings usual Seal of Lancaster in manner and form as hath been accustomed any thing in this Act to the contrary thereof notwithstanding Corporation Provided also that all Cities Boroughs § 6. N. 1. and Towns Corporate within this Realm which have liberty power and authority to have Iustices of Peace c. shall still have and enjoy their liberties and authorities in that behalf in such like manner as they have been accustomed without any alteration by occasion of this Act any thing in this Act or in any Article therein contained to the contrary thereof notwithstanding Justices And it is Enacted c. That all such Iustices to be made § 16. N. 1. as is afore rehearsed in this Act shall have authority and power to keep and hold their Sessions of Peace c. from time to time only within the same Liberties and Franchises and in such places and in none other places by reason and authority of that Commission and to do and execute all other things within the same in as ample and large manner as any other Iustices of Peace c. in any Shire within this Realm may do and have authority to do any Act Grant Vse Custome and Allowance heretofore had made or used or any Article in this present Act made to the contrary notwithstanding Franchise Provided alwayes That all and singular Iustices of the Peace § 17. N. 1. c. hereafter to be made named and appointed by the Kings Highness his Heirs and Successors within any Liberty where any such Iustice of Peace c. have been made by any person or persons by virtue or authority of any Letters Patents of the Gift or Grant of our Soveraign Lord the King or his most noble Progenitors Kings of this Realm or otherwise shall sit and keep their Sessions c. only in such place and places as the Iustices of the said Liberties lately have commonly used within the said Liberties Corporation And that no Person or Persons within the said Liberties § 17. N. 2. or any of them shall be hereafter in no wise compelled by authority of this Act to appear out of the said Liberties before any other Iustices c. of the Peace then before such Iustices as shall be named and assigned to sit and be by the Kings Highness his Heirs and Successors within the said Liberties in form aforesaid Cinque Ports Provided always and be it Enacted § 20. N. 1. that Thomas now Bishop of Ely and his Successors Bishops of Ely and their temporal Steward of the Isle of Ely for the time being and every of them shall from henceforth be Iustices of Peace within the said Isle and shall use and exercise all manner of things within the same Isle that appertain or belong to any Iustice of Peace within any County of this Realm of England to do exercise and use by virtue and authority that they be Iustices of Peace in as ample and large manner as any other Iustices of Peace in any County within this Realm have or might do exercise or use any thing or things in this Act contained to the contrary notwithstanding Eccles Persons Provided always and be it Enacted § 21. N. 1. that Cuthbert now Bishop of Durham and his Successors Bishops of Durham and their temporal Chancellor of the County Palatine of Durham for the time being and every of them shall from henceforth be Iustices of the Peace within the said County Palatine of Durham and shall exercise and use all manner of things within the same County Palatine that appertaineth or belongeth to any Iustice of Peace within any County of this Realm of England to do exercise and use by virtue and authority that they be Iustices of Peace in as â—â—â—â—ple and large manner as any other Iustices of Peace in any County within this Realm have or might do exercise or use any thing or things in this Act contained to the contrary notwithstanding § 22. N. 1. Provided alwayes and be it Enacted Justices That Edward now Arch-Bishop of York and his Successors Arch-Bishops of York and their temporal Chancellor of the Shire and Liberty of Hexam otherwise called Hextoldsham for the time being and every of them shall from henceforth be Iustices of Peace within the said Shire
the same kind within the same limits it is implyed thereby for avoiding of Repugnancy in the service that the former Commissioners shall have no longer power although there be never a word spoken of the discharge of them 3 Mar. 1. Commissi Br. 24. But yet if there be Justices of Peace by Commission in a whole County and afterwards the King makes another man Justice of the Peace in one Town of the said County Choke only against others was of opinion 10. Ed. 4. 7. Commission Br. 20. that the power of the first Commissioners continued still in that Town because it is not altogether contrariant and Judge Fineux 20. H. 7. 8. held also that if the King make a proper Justice of the Peace within a special Liberty yet may the General Justices of the Peace of that Shire meddle there unlss there be words of Prohibition in the Patent c. but it is plain by the preamble of 2 3 Ph. Mar. 18. § 1. N. 2. that the Law was taken that if a Commission of the Peace were first granted to certain within a Town and after another Commission had been granted to others within the whole Shire that this had been a Supersedeas to the Commissioners within the said Towns Crompt 187. b. 188. a. 189. Notice XIX Lamb. 68 69. Howbeit this Determination of the old Commission that we speak of groweth not immediately by the making of a new Commission but either after the reading or proclaiming of the new Commission at the Sessions of the Peace or at the full County or else by holding of some open Sessions by vertue of the new Commission in all which cases the old Commissioners must take notice of the new Commission or else after the giving of notice of the new Commission unto the old Commissioners for otherwise all the mean Acts of the old Commissioners are good in Law by Marrow 21 H. 6. 29. 34. Ass 28. Commission Br. 14. Crompt 189. Abatement XX. Lamb. 69 70. It is to be noted that in all Cases whereby an Ancient Commission of the Peace is determined by a new yet no Process or Suit hanging before the old Commissioners shall be discontinued thereby 11 H. 6. 6. § N. 1 Ed. 6. 7. Commissioner XXI Lamb. 71. But ask of this if Commission be repeal'd by the coming of the Justices in Eyr or B. R. into the County for if it should be so then it may be some question also what is wrought by the coming of the Justices of Nisi prius who do ordinarily bring Commissions of Oyer and Term and of Goal-delivery with them Crompt 188. b. Adjournment XXII Lamb. 69. Lastly if Justices of the Peace made pro hac vice do sit by vertue of their Commission and do not adjourn the same it seemeth their Commission Br. 11. 7. is determined thereby Crompt 188. b. Quaere Peace XXIII Lamb. 80 81. One Justice of Peace saith Mr. Marrow may grant surety of the Peace to any man against one of his fellow Justices c. Dalt 163. cap. 68. but I doubt not that one Justice of Peace if he will may pray surety of the Peace at the hands of his fellow Justice against another person c. Crompt 122. § 36. 134. b. Next Justice XXIV Lamb. 94 95. If the party shall yield to find surety of the Peace then may he be at his Liberty if the Precept proceed ex officio and without the Writ of Supplicavit to go to any other Justice of the Peace to offer his surety for such is the opinion of Fineux 21 H. 7. 20. Tho. Peace Br. 9. Faux Imprisonment Br. 11. Dalt 167. cap. 69. liketh better to give the Election thereof to the Officer F. N. B. 81. Crompt 89 90. See 9 Ed. 4. 31. 5 Co. 59. b. Fosters Ca. and I do remember that a Justice of Peace was by the order of Star-Chamber thrust out of the Commission only because he refused to accept surety of the Peace offered unto him upon a Warrant awarded by one of his fellow Justices to whom the party as he alled'gd durst not go to give it for fear that he would execute upon him the malice that he bear against him Supersedeas XXV Lamb. 96. If a Justice of Peace will by a Supersedeas discharge a Precept for the peace awarded by his fellow Justice by vertue of his Office and not by force of a Supplicavit which is of a higher nature and cannot be so avoided then shall he do well to take the Recognizance of the peace after the self same sort in all points as the form of the former Precept doth require XXVI Lamb. 120. b. Good Behaviour Although the Justices of Peace have power to grant the Good Behaviour either by their own Discretion or upon the Complaint of others even as they may that of the Peace yet I wish rather that they do not command it but only upon sufficient cause seen to themselves or upon the Suit or Complaint of divers and the same very honest and credible persons XXVII a. Lamb. 130. Jurisdiction A Justice of Peace is undoubtedly for punishment of Breaches of the Peace endowed with no less power than every private man or any Constable hath as it is plain by 9 Ed. 4. 3. 14. H. 7. 8. XXVIII Lamb. 132. Affray If one do make an Affray upon a Justice of the Peace Constable or such other Officer he may not only defend himself but may also apprehend the Offender and send him to the Goal till he will find surety for the Peace 5 H. 7. 6. and the Justice or Constable may if need be command Assistance of the Kings people for the pacifying of an Affray XXIX Lamb. 140. Force This Statute of 8 H. 6. 9. § 2. N. 3. enableth any one Justice of the Peace to give remedy in this hurt of Forcible entry and holding and is made as well against such as enter with force and hold them peaceably and against those that enter in peaceable sort and then maintain their Possession forcibly as also against as many as do both enter and hold in forcible manner F. N. B. 148. Crompt 194. b. § 3. 4. 3 Ed. 419. forcible Entre Br. 15. XXX Lamb. 182. Upon the whole matter Riot viz. of 14 H. 7. 8. Justice of Peace 9. Br. 7 c. one Justice of the Peace alone may do somewhat to prevent a Rout or Riot before it be done and for the stay of it whilst it is in doing but nothing in effect to punish it as a Riot or Rout when it is committed or done for as Judge Fineux saith the Statute which I take to be 34 Ed. 3. 1. § 1. N. 2. rather than 13 H. 4. 7. § 1. N. 1. which by express words requireth two Justices at the least present was given as a hasty remedy and for to prevent a Mischief being imminent and
demands surety of the Peace in the County against any Man he shall find himself sureties in the County before the Justices of Peace c. he that demands this surety may sue a Writ of Certiorari directed to the Justices of Peace to remove this surety of the Peace and the Recognizance taken therein and this under the Seals of the Justices or one of them to certifie this Recognizance and surety taken And if the Certiorari be sued upon a Writ of Supplicavit then the Certiorari shall rehearse this Writ of Supplicavit and if it be sued upon a surety demanded in the County without a Supplicavit then the form of the Certiorari is thus Rex Custodibus pacis suoe in Com' L. eorum cuilibet salutem volentes certis de causis Certiorari super tenorem cujusdam securitatis pacis nuper coram R. B. Sociis suis custodibus pacis nostroe Justiciariis nostris ad diversas Felonias Transgressiones Malefacta in Com' L. Audiend ' Terminand ' Assignat ' de R. de W. de E. quod ipse damnum vel malum aliquod B. de F. aut alicui populo nostro faciat nec fieri procurabit ex Officio vestr ' capta quoe quidem securitas penes vos residet ut dicitur vobis Mandamus quod nos inde in Cancellaria nostra sub Sigillis vestris vel unius vestrum distinctè aperte sine dilatione reddatis certiores hoc Breve nobis remittentes teste c. Crumpt 143 144. IX F. N. B. 81. E. By reason of this Commission of the Peace the Justices have power to bind Men by Recognizance to keep the Peace Recognizance upon complaint to them made by any person and yet to take this Recognizance there is no express Authority given them by the Commission but of Congruity because that they have Authority to cause men to keep the Peace and to hear and determine offences done against the Peace they have power to bind men by Recognizance to do it for every Act which they do by virtue of their Commission must be taken as a matter of Record Crumpt 141. b. Justices X. Lamb. 77. A Justice of Peace may also by virtue of his Office and as he is a Judge command this Surety to be found and that either of his own motion and discretion or else at the request and prayer of another For he may cause a common Barretor Riotor one that maketh an Affray or other person to him suspected to find Surety of the Peace 9 Ed. 4. 3. per Curiam And if he see men contending in hot words and threatning the one to hurt or kill the other he may of discretion and ought of duty as I think to command them to find Surety of the Peace and thereby provide for their mutual safety Crumpt 134. b. 135. b. XI Lamb. 78. And if a man that was bound to keep the Peace have broken his Bond the Justices of Peace ought of discretion to bind him of new 21 Ed. 4. 40. per Marrow Crumpt 141. infrà 87. Conspiracy XII Lamb. 78. And his Authority is so little to be controlled in this matter that Mr. Marrow is of the opinion That if a Justice of Peace should procure one man to demand Surety of the Peace against another and he himself should grant a Warrant for it by which the Party is Arrested yet no Action would lye against that Justice for his so doing because he might have granted it without any demand made and then it shall not be said but that he saw Cause both to provoke the party to ask it and for himself to grant it Bar. Fem. XIII Lamb. 78 79. The Wife if she be threatned to be killed or to be outragiously chastised by her Husband may with good reason demand the peace against him F. N.B 80. 230. and I do not doubt but that a Justice of Peace may in such a Case happening in his presence Command it upon his own discretion The Husband may also demand the peace against his own Wife in like Case and any man may demand it against the Wife of another by Marrow Crumpt 133. b. Dalt 163. cap. 68. Ability XIV Lamb. 79. A man Attainted of Treason or Felony or Convict of Heresie or Abjured a Dumb Man or an Infant though within 14 years of age or a Villain against his Lord may demand and ought to have Surety of the Peace by Marrow And I do not find any strong reason why the Lord against his Villain or another man against a Dumb-man that is not Deaf or against an Infant above the age of 14 years ought not upon good Cause to have it though perhaps the two last cannot be bound for themselves Crumpt 133. b. 134. b. Dalt 164. cap. 68. Ideot XV. Lamb. 79. But a Mad-man shall not have surety of the peace at his own request as Mr. Marrow thought because he hath no discretion to ask it and therefore if there be Cause he ought to be provided for by the discretion of the Justices as I think Neither shall surety of the Peace be granted against a Mad-man except he have Lucida Intervalla Dalton 163 164. cap. 68. Attainder XVI Lamb. 80. A man Attainted in a Proemunire or that is an Alien born and no Denizen ought not to have his Surety at his desire as Mr. Marrow taketh it but perhaps he would have changed his opinion in the Case of Proemunire if he had lived at this time upon sight of 5 Eliz. 1. § 21. N. 1. For such a Man may not now be killed as though he were out of the protection of the King Crumpt 133. b. Dalt 164. cap. 68. Alien XVII Lamb. 80. And as touching the Alien having surety of the Peace some think there ought to be a difference between such an Alien as is of the Enmity of the King and him that is of his Amity for Magna Charta 9 H. 3. 30. 9. Ed. 3. 1. § N. 14 Ed. 3. St. 2. cap. 2. and sundry other Statutes do all use that difference in Merchant-strangers and do provide That such of them as be not Enemies to the Realm may both safely come into the Realm and tarry here and go hence at their free pleasures But the Case may bear some doubt because the Commission it self seemeth to Authorize the Justice of Peace no further then to provide for the King's People of which number no Alien seemeth to be but why any Alien may not be bound to the Peace I do not yet understand Crumpt 134. ab Dalt 164 165. cap. 68. XVIII Lamb. 80 81. Furthermore one Justice of Peace Justices saith Mr. Marrow may grant this surety to any man aginst one of his Fellow-Justices but as Mr. Marrow requireth a discretion in a Justice of the Peace when surety is craved of him against a Sheriff Coroner Escheator or such other Officer whom he wisheth not to
1. Provided always that this Act nor any thing therein contained shall be hurtful or prejudicial to the Barons or other Inhabitants of the Five Ports or of their Members neither to any Grant Liberty or Franchis heretofore made by the King c. Or any his Progenitors Kings of England to the said Barons or other Inhabitants their Ancestors or Predecessors or any of them Cinque Ports LXXIII 22 H. 8. 12. § 9. N. 2. And that it be Enacted c. that all and every Mayor and Mayors and Bailiff and Bailiffs Electife and Elected by the Commons and Inhabitants of every Town and place of the said Ports and Members shall have like Authority within every such Town and place where they or any of them be or shall be Mayor or Baliff or Jurate to put or cause to be put this Act in due Execution as the Justices of Peace in any County of this Realm have or shall have Authority and power by this Act to do where they be Justices Cinque Ports LXXIV 22 H. 8. 12 § 9. N. 3. And that the Inhabitants within every Town within the said Ports shall be bounden to the Execution of this Act like as other Inhabitants be without the said Ports upon like pain as is above remembred Cinque Ports LXXV 22 H. 8. 12. § 9. N. 4. And if any person c. which shall Inhabit within the said Five Ports or Members be impotent or other Idle person do hereafter begg without the said Five Ports or Members of the same Contrary to this Act that then every such person shall be ordered and punished according to this Act any thing in this Proviso to the contrary notwithstanding Seals LXXVI 22 H. 8. 12. § 10. N. 1. And it is ordained and Enacted that the Seals above rehearsed shall be made at the costs and charges of the Justices of Peace Mayors Sheriffs Bailiffs and other Officers above written on this side the Feast of the Nativity of Saint John Baptist next comeing that is to say that every of them shall do the said Seals to be made within the limits of their Division Jurisdiction and Authority LXXVII 22 H. 8. 12. § 11. N. 1. And it is also Ordained and Enacted that every Letter to be made by the Authority of this Act License whereby any Impotent Begger shall be authorized and assigned to beg shall be made in this form ensuing LXXVIII 22 H. 8. 12. § 12. N. 1. Kanc ' ss Memorandum that A. B. of Dale License for reasonable considerations is Licensed to beg within the Hundred of P. K. and L. in the said County given under the Seal of that limit tali die anno LXXIX 22 H. 8. 12. § 13. N. 1. And that every such Letter that shall be made and delivered to such Begger or Vagabond License after he hath been Whipped by Authority of this Act shall be made in this wise following LXXX 22 H. 8. 12. § 14. N. 1. Kanc ' ss I. S. Whipped for a Vagrant License strange Begger at Dale in the said County according to the Law 22 day of July in the 23 year of King H. 8. was assigned to pass forthwith and directly from thence to Sale in the County of Middlesex where he saith he was born or where he last dwelled by the time of three years and he is limited to be there within fourteen days next ensuing at his peril or within such number of days as to him shall be limited by the discretion of the maker of the said Letter in Witness whereof the Seal of the limit of the said place of his punishment hereunto is set 39 Eliz. 4. § N. LXXXI 22 H. 8. 12. § 15. N. 1. And it is enacted that every such Letter shall be made at the equal costs of such the said Justices Mayors Sheriffs License Bailiffs or other Officers within whose Jurisdiction Powers and Authorities the said Begger and Vagabond shall be whipped or limited to beg in by Authority of this Act and every such Letter shall be subscribed with the hand of one of the said Justices Mayors Sheriffs Baliffs or other Officers in this form following per me A. B. unum Justiciariorum pacis or Majorem Civitatis or Ballivum villae or Constabularium talis hundredi or else in like form in English LXXXII 22 H. 8. 12. § 16. N. 1. And it is further Enacted Imprisonment that every such person c. As have the Custody of any Goals within any Shire City Borough or Town Corporate on this side the Feast of Saint John the Baptist shall do make a Seal engraven with the name of the Castle Prison or Goal which he keepeth LXXXIII 22 H. 8. 12. § 16. N. 2. And in Case any person Fees c. That at any time after the said Feast of Saint John shall be delivered out of any Goal or Prison for suspitions of Felony by Proclamation or be acquit of any Felony and hath no friends to pay his fees nor was born within the Hundred or place where he shall happen to be so delivered nor can get him no Master there to abide and work with shall have liberty to beg for his fees by the License of his Keeper by the space of six Weeks next after such deliverance and after that to be compelled to go to the Hundred where he was born or last dwelled by the space of three years within such time as shall be limited by one of the Justices of Peace Mayors Seriffs Bailiffs or any Officers where such deliverance shall be had 27 H. 8. 25. 26 § 6. LXXXIV 22 H. 8. 12. § 17. N. 1. And it is enacted that every such person so delivered shall have a Letter made to him by the Clerk of the Peace of the Shire within the which he was delivered License if he be delivered in the Shire and if he be delivered in any City Borough or Town Corporate then he to have a Letter of the Common Clerk of every such City Borough or Town where he is delivered every such Letter witnessing the day of his deliverance and the place where he was delivered and afore whom and the time appointed to him to beg for his fees and the place to which he shall be assigned to repair unto in case he can get no Master to fall to Work where he was delivered and to every such Letter the said Goaler or Keeper of Prison out of the which such person shall be delivered shall put the Seal limited to be made as is aforesaid for the said Prison and that every such Letter shall be made in this wise following License LXXXV 22 H. 8. 12. § 18. N. 1. Essex ' ss the 20 day of July Anno Regni Regis H. 8. 23. I. S. was delivered for Felony out of the Goal of Dale in the said County at the Sessions holden afore A. B. and his Fellows at Sale the day and year aforesaid
again and go wandering and will not Labour as they were wont in times past Process And to take and arrest all those that they may find by Indictment § 1. N. 5. or by Suspition to put them in Prison Bayl. And to take of all them that be not of good Fame § 1. N. 6. where they shall be found sufficient Surety and Mainprize of their good behaviour towards the King and his People and the other duly to punish to the Intent that the people be not by such Riotors or Rebells troubled nor endamaged nor the Peace blemished nor Merchants nor others passing by the high-ways of the Realm disturbed nor put in the peril which may happen of such Offenders 1 R. 3. 3. § 1. N. 2. Coron And also to Hear and Determine at the Kings Suit § 1. N. 7 all manner of Felonies and Trespasses done in the same County according to the Laws and Customs aforesaid Justices And that Writs of Oyer and Terminer § 1. N. 8. be granted according to the Statutes viz. 2 Ed. 3. Cap. 7. thereof made and that the Iustices which shall be thereto Assigned be named by the Court and not by the Party Enquest And the King will that all general Enquiries before this time granted § 1. N. 9. within any Seigniories for the Mischeifs and Oppositions which have been done to the People by such Inquiries shall cease utterly and be repealed Amerciaments And that Fines which are to be made before Iustices for a Trespass done by any Person be reasonable and just § 1. N. 10. having regard to the quantity the Trespass and the causes for which they be made Measures Item It is Accorded that they which shall be Assigned to keep the Peace Cap. 5. shall have Power to Enquire of Measures according to the Statute thereof made the five and twentieth year of the Reign of our Lord the King viz. 25 Ed. 3. St. 5. Cap. 9. Days Item That in the Commissions of Iustices of the Peace 36 Ed. 3. C. 12. and of Labourers Express mention be made that the same Iustices make their Sessions four times by the year that is to say one Sessions within the Utas of the Epiphany the second within the second week of Lent the third between the Feasts of Penticost and of St. John Baptist the fourth within the eight days of St. Michael 2 H. 5. Cap. 4. § 2. N. 2. 25. Ed 3. Cap 8. Enquest It is Assented c. that c. in all Enquiries within the Realm 42 Ed. 3. C. 4. § 1. N. 2. Commissions shall be made to some of the Iustices of the one Bench c. or Iustices of the Peace with others of the most worthy of the County c. Accountant And that he viz. that will Complain of Sheriffs C. 9. § 1. N. 4. Leavying of the Kings Debt c. have his Suit as well before Iustices of the Peace as before other Iustices Statuta Rich. 2. Peace ITem 1 R. 2. Cap. 2. Our Lord the King greatly desiring the Tranquillity and quietness of his People Willeth and straightly Commandeth that the Peace within this Realm of England be surely observed and kept so that all his Lawful Subjects may from henceforth Safely and Peaceably go and come and dwell according to the Law and Vsage of the Realm Pleading And that Iustice and Right § 1. N. 6. be indifferently Ministred to every Person Riot Commissions shall be awarded to arrest Rioters 2 R. 2. C. 7. and other persons Offensive to the Peace and to Imprison them A Repeat of the Statute of 2 Rich. 2. Cap. 7. touching Riots 2 R. 2. St. 2. C. 2 Justices A profitable Act not Printed 4 Inst 176. 3 R. 2. N. 39. Rot. Pat. Treason It shall be Treason to begin a Riot or Rumour 1 Ed. 6. 5 R. 2. C. 6. § 1. N. 2 Cap. 12. Cap. 7. § 1. N. 2. And in such case viz. where entry is given by Law not with strong hand nor with multitudes of people Force but only in peaceable and easy manner 15 Ric. 2 Cap. 2. 7 Ric. 2. Ca. 5. Iustices c. shall Examine Vagabonds Poor bind them to their good abearing or Commit them to prison Cap. 13. Item It is ordained and assented Riot and also the King doth prohibit that from henceforth no man shall ride in Harness within the Realm Contrary to the form of the Statute viz. 2 Ed. 3. Cap. 3. of Northampton thereupon made neither with Launcegay within the Realm the which Launcegayes be cleerly put out within the Realm as a thing prohibited by our Lord the King upon pain of Forfeiture of the said Launcegayes Armours and other Harness in whose hands or possessions they be found that bear them within that Realm Contrary to the Statutes and Ordinances aforesaid without the Kings special Lycene 20 Rich 2. Cap. 1. 12 Ric. 2. Ca. 2 Item Chancery It is accorded that the Chancellor c. and all others that shall be called to ordain name or make Iustices of Peace c. shall be firmly sworn that they shall not ordain c. for any gift or Brocage Favour or Affection Cap. 10. Item It is ordained and agreeed Justices that in every Commission of the Iustices of Peace there shall be Assigned but six Iustices with the Iustices of Assises 14 Ric. 2. Cap. 11. § 1. N. 2. And that the said six Iustices shall keep their Sessions in every Quarter of the Year at least and by three dayes if need be Dayes upon pain to be punished according to the Discretion of the Kings Counsel at the suit of every man that will Complain 25 Ed. 3. Cap. 8. and 2. H. 5. Cap. 4. § 2. N. 2 14 H. 6. Cap. 4. N. 4. § 1. N. 3. And they shall enquire diligently among other things touching their Offices if the said Majors Bayliffs Stewards Constables Enquest and Goalers have duly done Execution of the said Ordinances viz. 12 R. 2. Cap. 3. 4. 5. 6. 7. 8. 9. Of Servants and Labourers Beggars and Vagabonds and shall punish them that be punishable by the said pain of an hundred shillings by the same pain and they that be found in default and be not punishable by the same pain shall be punished by their Discretion § 1. N. 4. And every of the said Iustices shall take for their wages four Shillings the day for the time of their said Sessions Fees and there will be two shillings of the Fines and Amerciaments rising and coming of the same Sessions by the hands of the Sheriffs § 1. N. 5. And that the Lords of Franchises shall be contributory to the said Wages after their rate of their part of Fines and Amerciaments aforesaid Franchise § 1. N. 6. And that no
Authority of this present Parliament 4 H. 7. C. 12. Item The King our Soveraign Lord considereth that by the negligence Justices misdemeaning favour and other Inordinate Causes of Iustices of Peace in every Shire of this his Realm the Laws and Ordinances made for the politick-weal peace and good-rule of the same and for the profit surety and restful living of his Subjects of the same be not duly Executed according to the tenor and effect of that they were made and ordained for § 1. N. 2. Wherefore his Subjects been greivously hurt Prerog and out of surety of their Bodies and Goods to his great displeasure for to him is nothing more joyous than to know his Subjects to live peaceably under his Laws and to encrease in Wealth and Prosperity § 1. N. 3. And to avoid such Enormities and Injuries Peace so that his said Subjects may live restfully under his Peace and Laws to their Encrease § 1. N. 4. He will that it be Ordained and Enacted by Authority of this said Parliament Days that every Iustice of Peace within every Shire of this Realm within the Shire where he is Iustice of Peace do cause openly and solemnly to be proclamed yearly four times a year in four principal Sessions the tenor of this Proclamation to this Bill annexed § 1. N. 5. And that every Iustice of Peace being present at any of the said Sessions Justices if they cause not the said Proclamations for to be made in form abovesaid shall forfeit unto our Soveraign Lord at every time twenty shillings § 2. N. 1. Henricus Dei Gratia c. The King our Soveraign Lord considereth Execution how daily within this Realm his Coin is Traiterously Counterfeited Murders Robberies Felonies been greivously committed and done and also unlawful Reteyners Idleness unlawful Plays Extortions Misdemeanings of Sheriffs Escheators and many other Enormities and unlawful Demeanings daily grown more and more within this Realm to the great Displeasure of God Hurt and Impoverishing of his Subjects and to the Subversion of the Policy and good Governance of this his Realm for by these sad Enormities and Mischeifs his Peace is broken his Subjects troubled inquieted and impoverished the Husbandry of this Land decayed whereby the Church of England is upholden the Service of God continued every man thereby hath his sustenance every Inheritor his rent for his Land Process For repressing and avoyding of the said mischeifs sufficient Laws and Ordinances been made by Authority of many and divers Parliaments holden within this Realm to the great cost of the King § 2. N. 2. his Lords and Commons of the same and lacketh nothing but that the said Laws be not put in due execution which Laws ought to be put in due execution by the Iustices of Peace of every Shire of this Realm to whom his Grace hath put and given full authority so to do sith the beginning of his reign Justices And now it is come to his knowledg § 2. N. 3. that his Subjects be little cased of the said mischeifs by the said Iustices but by many of them rather hurt than helped and if his Subjects complain to these Iustices of Peace of any wrongs done to them they have thereby no remedy and the said mischeifs do increase and be not subdued Peace And his Grace considereth § 2. N. 4. that a great part of his wealth and prosperity of his Land standeth in that that his Subjects may live in surety under his Peace in their bodies and goods and that the Husbandry of this Land may increase and be upholden which must be had by due execution of these Laws and Ordinances chargeth and commandeth the Iustices of the Peace of this his Shire to endeavour them to do and execute the tenor of their Commission and the said Laws and Ordinances ordained for the subduing of the premises as they will stand in love and favour of his Grace and in avoyding of the pains that are ordained if they do the contrary Process And moreover he chargeth and commandeth § 2. N. 5. that every man what degree or condition that he be of that let them in word or deed to execute their said authority in any manner and form abovesaid that they shall shew it to his Grace and if they do it not and it come to his knowledg by other than by them they shall not be in his favour but taken as men out of credence and be put out of Commission for ever Execution And over this he chargeth and commandeth all manner of men as well the poor as the rich which be to him all one in due ministration of Iustice that is hurt or grieved in any thing § 2. N. 6. that the said Iustice of Peace may hear determine or execute in any wise that he so grieved make his complaint to the Iustice of Peace that next dwelleth unto him or to any of his fellows and desire a remedy Justices And if then he have no remedy § 2. N. 7. if it be nigh such time as his Iustices of Assizes come into that Shire that then he so grieved shew his complaint to the same Iustices Chancery And if then he have no remedy § 2. N. 8. or if the complaint be made long afore the coming of the Iustices of Assize then he so grieved come to the Kings Highness or to his Chancellor for the time being and shew his grief Process And his said Higness then shall send for the said Iustice to know the cause why his said Subjects be not eased and his Laws executed § 2. N. 9. whereupon if he find any of them in default of executing of his Laws in the premises according to his Highness commandment he shall do him so offending to be put out of the Commission and further to be punished according to his merits Justices And over that his said Highness shall not let for any favour § 2. N. 10. affection cost charge nor other cause but that he shall see his Laws to have plain and true execution and his Subjects to live in surety of their lands bodies and goods according to his said Laws and the said mischeifs to be avoyded that his Subjects may increase in wealth and prosperity to the pleasure of God Measures And that the Iustices of Peace of every Shire of England have full authority and power to inquire hear 7 H. 7. cap. 4. § 1. N. 12. or determine the said defaults viz. in Weights and Measures c. Games And that the Housholder where Dicing Carding Tennis-playing 11 H. 7. C. 2. § 1. N. 14. Bowls Clash or any other unlawful games afore rehearsed shall be used owise than is afore rehearsed viz. in Christmas in the presence of the Master and that lawfully be presented before the Iustices of Peace the Mayor Sheriff in his Turn
and claiming also duty of their Tenants and Servants where none such duty is to go with them when such Assembly Riot or Rout shall be Riot And after the same divers of the said Servants and Persons oft times retreat and absent themselves by the agreement coviy § 1. N. 3. and counsel of the said Masters and of the said principal Rioters so that they may not be taken nor brought to answer to the Law as the Laws require Indictment And if any Indictments be had § 1. N. 4. it shall be made upon such Persons as so retreat and absent themselves and nothing founden against the said principal Rioters in deceit and fraud of the said good Statutes Acts and Ordinances thereof made to the great courage and boldness and comfort of the Evil Doers most Danger Ieopardy and Peril of your said well disposed Subjects and to the worst example that thereby may ensue if hasty remedy therein be not provided Riot It may therefore please your Highness of your most loving disoosition § 1. N. 5. that you bear and owe to the Common-weal of this your Land and to the great Surety of your Subjects of the same by the advice of the Lords Spiritual and Temporal and the Commons in this present Parliament assembled and by authority of the same to Do Ordain Enact and Establish that whatsoever Person or Persons within the Realm of what Estate Degree or Condition he be that hereafter unlawfully raise Assemblies or lead your People within this your Realm without your Commandment or Authority of your Laws and commit any Riot that then if the Party greived or any other Person in the Kings behalf complain to the Iustices of the Peace within the County where such Riot is done or to any of them having authority to inquire of the same where such Riot or unlawful Assembly shall be made by Bill containing the Riot and the circumstance of the same and of what Town Shire Mystery or Condition every of the Persons against whom the same Complaint be made is dwelling or else if the said Roiters be Indicted thereof then thereupon the said Iustices and every of them have authority and power in the next general Sessions of the Peace within the same County to be holden after the Complaint so to them made or Indictment thereof had afore the same Iustices to do make Proclamation that the said Master or Masters Principal or Principals Leader or Leaders that unlawfully cause the said People to gather or rise that they appear Personally at the next general Sessions of the Peace after the said Proclamation so made § 1. N. 6. And every other Person or Persons Accessory that were present and attendant upon him or them by his or their commandment procuring or assent contained in the said Proclamation at the said Riot Rout and Assembly and every of them personally to appear at the said next Sessions of Peace next after the said Proclamation to be holden within the said County § 1. N. 7. At which day if the said Master or Masters War Principal or Principals Leader or Leaders or any other of the foresaid Offenders appear then he or they to be put to answer thereunto if it seem to the said Iustices reasonable and to be put to sufficient Bail by Recognizance before the said Iustices to appear personally from Sessions to Sessions unto the time the Complaint be discussed § 1. N. 8. And if he or they refuse so to do then he or they be committed to ward Imprisonment there to remain till they will § 1. N. 9. And if any of the Persons against whom such Complaint or Indictment is had or made dwell in any other County Process than in the same County where such Riot and Assembly is made that then the Iustices to or afore whom the same Complaint or Indictment is had or made do send a Transcript of the same Complaint or Indictments to some Iustices of the Peace in the County where such Person is dwelling desiring him to cause Proclamation to be made in the next general Sessions of the Peace in that County to be holden that the same Person or Persons appear at the next Sessions of the Peace in the Shire where the said Riot is done next after the same Proclamation to be holden § 1. N. 10. And if the same Person or Persons dwelling in a forreign Shire appear Leiu then like order to be had for he or them so appearing as is afore specified for and to them that been dwelling in the said Shire whereby the said Riot is supposed to be done § 1. N. 11. And if the same Person or Persons Notice or any of them against whom such Proclamation is made in the County where the said Riot is supposed to be done and they be dwelling at the time of the same Proclamation making in the same County make default and appear not at the said general Sessions to him or them limited in the large Proclamation and oft soones after that make default and appear not at the next general Sessions after that so that like Proclamation be made as is aforesaid and if any of the said Rioters against whom Proclamation is made in a foreign Shire where they be dwelling make default at the day and place in the said Proclamation to them limited then he or they in whether of the said Shires they dwell that so make default to stand and be adjudged and convict upon the same defaults of the said Riot and unlawful Assembly as if he or they were thereof convict by the due Order of the Law without he or they can make such lawful Excuse as the said Iustices shall think reasonable by their discretion § 1. N. 12. And thereupon such process to be awarded Process as is accustomed upon Condemnations of Trespass in your Common Bench at the Suit of the Party § 1. N. 13. And that the said Iustices of Peace have authority to hear and determine the rehearsed causes Justices as well upon Bill before them as by Indictments and upon the same Bill or Indictments to proceed and determine the same by Inquest according to the course of the Common Laws and the Party thereby and thereupon to stand convict as perfectly as if they were thereupon convict by due process of the Law War And if the said Master or Masters Principal or Principals § 1. N. 14 Leader or Leaders or any other afore rehearsed Offenders be convict upon the premises then he or they be committed to prison there to remain and abide without Bail or Mainprize by such time and space as shall be thought reasonable by the discretion of the said Iustices and then e're he or they depart out of their prison to pay their Fine sessed after the descretion of the said Iustices his or their behaviour and Offences considered Peace And that it
punish the Infringers and Contemners thereof in such wise as is limited by the same have been very remiss and negligent in doing their Offices to the great detriment hurt and prejudice of the Common-wealth Days For Reformation whereof § 1. N. 3. be it Enacted by the King our Soveraign Lord with the Assent of the Lords Spiritual and Temporal and the Commons in this present Parliament assembled and by Authority of the same that all and singular the Iustices of Peace within any Shire City Borough or Place within this Realm of England Wales or any other the Kings Dominions shall yearly at the general Sessions of the Peace to be holden next after the Feast of Easter assemble themselves together that is to say every Number of them within the limits of their Commissions wherein they be named Iustices of Peace 37 H. 8. Cap. 7. Peace And at and upon such their Assembly § 1. N. 4. shall diligently together amongst themselves peruse examine study and know the Effects and true Intents of the Laws Statutes Ordinances and Provisions hereafter specified that is to say the Laws and Scatutes heretofore made and provided concerning or in any wise touching Vagabonds Retainers giving Liveries Signs Tokens or Badges Maintenance Imbracery Bowstaves and Archery unlawful Games Forestallers and Regrators Victual-Victualers and Inn-holders and every of them and of all Statutes and Laws made in this present Parliament touching the same or any of them and after the perusing and deliberate understanding of the said Laws Statutes and Ordinances they shall devise among themselves how the same may be best put in due and just Execution 37 H. 8. Cap. 7. § 1. N. 2. Lieu. And for the better proceeding therein § 1. N. 5. they shall divide and sever them selves limiting and assigning alwayâ—s the number of two of them at least or more into Hundreds Wapentakes Rapes Commotes or number of Towns and Villages by their discretions 37 H. 8. Cap. 7. § 1. N. 4. Justices And that the said Iustices so divided § 1. N. 6. or two of them at the least shall in every Quarter of the Year from and after the said Feast of Easter next coming hold and keep within the limits of their Division one Session besides the general Quarter Sessions for the Peace the said one Session to be kept and holden alwayes within the limits of their Division at and in one such day as by them shall be appointed so that it be always six weeks at the least before the Quarter Sessions 37 H. 8. Cap. 7. § 1. N. 7. Dayes And that all Process and Proceedings in every of the said Sessions so to be holden shall be continued from Sessions to Sessions 37 H. 8. Cap. 7. § 1. N. 7. § 1. N. 6. Enquest And that the said Iustices or two of them at the least § 1. N. 8. at and in every such Sessions shall have power and authority to enquire as well by the Oaths of twelve men Inhabitants within the limits of their Division as by any Information given to them by any Person or Persons of all defaults offences or contempts done or committed or hereafter to be done or committed against the Form of any of the Statutes aforesaid and to hear and determin the same 37 Hen. 8. Cap. 7. § 1. N. 7. Outlary And shall also have power and authority upon any Presentment or § 1. N. 9 Information touching the Premises or any of them to make Process by Venire Facias one Capias and an Exigent under the Seals of the same Iustices or two of them against every such Person and Persons against whom any such Information or Presentment shall be had for their appearance afore them in their Sessions to be holden as is aforesaid to answer to such Information or Presentment as shall be there had or made 37. H 8. Cap. 7. § 1. N. 8. §. 1. N. 10. And if the Person or Persons accused by Information or Presentment shall be convict upon any such Information or Presentment by Confession or Verdict of twelve men that then the said Iustices of Peace Execution or two of them afore whom such conviction shall be had shall have power and authority to give Iudgement against every such Offender and Offenders so convict of such pains by imprisonment or such Pains losses and forfeitures of mony or both or any of them as are limited in the said several Statutes for such offences whereof they shall be so convict and cause Execution thereof to be made and had accordingly 37 H. 8. Cap. 7. § 1. N. 9. § 1. N. 11. And also the said Iustices of Peace or two of them Inquest at and in their said Sessions to be holden as is aforesaid shall have power and authority to correct and reform the Pannels of Iuries for any Inquiries to be made afore them touching the said Statutes or any of them in like manner or form as Iustices of Goal-delivery and of Peace may do in their Sessions by vertue of a Statute thereof made in the third year of our most dread Soverign Lord the Kings Raign that now is viz. 3 H. 8. 12. 37 H. 8. Cap. 7. § 1. N. 10. § 1. N. 12. And that the Sheriffs and other Ministers having power to return Pannels Return shall make his and their Returns according to such Reformation and Correction of the Iustices aforesaid upon the Pain limited by the same Statute viz. 3 H. 8. Cap. 12. 37 H. 8. 7. § 1. N. Cap. 11. § 2. N. 1. And it is ordained and enacted by Authority aforesaid Prerog that if any person or persons be Convict as is aforesaid by any Information afore the said Iustices or two of them within the limits of their Division that then the Moity of the Pains Losses and Forfeitures of Mony of the Offenders so Convict shall be to the Kings Majesties use and the other Moity thereof to the Party that persueth such Information according to the tenor and effect of the said several Statutes § 2. N. 2. And if any Conviction be had by reason or upon any Presentment Forfeiture that then the Kings Majesty shall have the whole Pains Fines and Forfeitures of the Offenders all which Pains Fines Losses and Forfeitures of Mony to be due to the King by reason of any Conviction as is aforesaid together with all Issues Fines and Amercements afore the said Iustices within the limits of their Division shall be levyed by the Sheriff or his Ministers by a Schedule Indented to be made between such Iustices or two of them afore whom such Pains Losses and Forfeitures Fines Issues and Amercements shall be lost and forfeit and the said Sheriff § 2. N. 3. The one part of which Schedule Certificate shall be certified by the said Iustices or two of them yearly in the Term of St. Michael into the Kings Exchequer
Mares or Gâ—ldings into Scotland or beyond the Seas C. 7. § 4. N. 1. And also be it Ordained c. that albeit any Abatement c. Iustice of the Peace within any of the Kings Dominions c. shall fortune to be made c. Duke Arch-Bishop Marquis Earl Viscount Baron Bishop Knight Iustice of the one Bench or of the other or Serjeant at the Law or Sheriff yet that notwithstanding he shall still remain Iustice c. and have full Power c. as he or they might or ought to have done before the same § 6. N. 1. And over that no manner of Process or Suit made c. before any Justices c. Iustices of Peace c. shall ne in any wise be discontinued c. by altering of the names of the c. Iustices of Peace 11 H. 6. Cap. 6. § 1. N. 2. C. 12. § 19. N. 3. And that the same Accusation c. so to be had made and declared Treason viz. withâ—n thirty days after Treason spoken c. shall be made to one of the Kings Council or to one of the Kings Iustices of Assize or else to one of the Kings Iustices of the Peace being of the Quorum or to two Iustices of the Peace within the Shire where the same Offence c. shall happen to be done or committed any thing in this Act contained to the contrary in any wise notwithstanding 2 3 Ed. 6. C. 2. § 4. N. 1. And if such Souldiers so offending War viz. departing or selling their Harness c. fortune to escape from the Lieutenant c. without the Punishment viz. of Imprisonment till Satisfaction and Restitution aforesaid that then the same Souldier upon complaint made by the Party grieved or his Executors or Administrators upon due Proof thereof to made to any Iustice or Iustices of the Peace in the parts where such Souldiers so offending shall be found shall be by such Iustice or Iustices committed to Ward there to remain without Bail or Mainprize until he have satisfyed the Party grieved his Executors or Administrators of and for such Horses Geldings or Mares and Harness so by any such Souldier wilfully lost exchanged altered or otherwise purloyned Process And that the Iustices of every Shire where any such Souldier viz. Departing without Licence shall be taken shall have full Power to inquire § 6. N. 2. hear and determine in all and every the said Offences concerning every such Departure as they do and may do in all other Cases of Felony committed in the Shire where such Souldiers shall be taken Justices And be it further Enacted C. 10. § 4. N. 1. c. that the Iustices of Peace in every of their Sessions and also the Steward in every Leet shall have full Power c. to inquire hear and determin as well by Presentment of twelve Men as by Accusation or Information of two honest Witnesses of for and upon all and every the Offences and Forfeitures c. viz. of not well drying sifting or mixing of Mault c. as well for the King as for the Party that shall sue procure or cause the same to be presented as is beforesaid And if any of them viz. Constabâ—es Bailiffs c. shall thereupon Viz. on Search find any Mault so put to Sale Coron being evil made § 4. N. 3. or mingled with evil Mault c. that then the said Bailiff or Constable so finding any such Mault c. with the advise of one Iustice of Peace within the same Shire shall cause the same to be sold to such person c and at such reasonable price c. and under the common price of the Market as to his discretion shall seem necessary and expedient And that all and every other person Authorized to shoot or otherwise if he inhabit in any Town-Corporate be presented by the Mayor or other Officer of the same Games and inhabiting in the County C. 14. § 2. N. 2. be presented within one Month after the publishing of this Act to the next Iustice of Peace adjoyning In which Cases the said Mayor Iustice or other Officer so taking their names as is aforesaid Corporation § 2. N. 3. shall again present and record the same before a Iustice of the Peace at the next Quarter Sessions to the intent the Clerk of the Peace of the County may keep a certain Book or Roll of the names of all such persons by the which the Kings Majesty may from time to time be ascertained how many sheet and able men exercised in that Feat be in every County that the same may be imployed in his Graces Service as need and occasion shall require And it is further Ordained c. that all and singular Iustices of Assize Victuals Iustices of Peace Mayors Bailiffs and Stewards of Leets C. 15. § 3. N. 1. at all and every their Sessions Leets and Courts shall have full Power and Authority to inquire hear and determin all and singular Offences committed against this Statute viz. of Conspiracy by Victualers Artificers c. and to punish or cause to be punished the Offender according to the Tenor of this Act viz. by Fine Imprisomnent Pillory c. Fish And furthermore it is Ordained c. that Iustices of Goal delivery and Iustices of Peace in all and singular Counties Cities C. 19. § 4. N. 1. Towns-Corporate and other places within this Realm of England and other the Kings Dominions shall have full Power and Authority to inquire hear and determin all manner of Offences that shall be committed or done contrary to this Act viz. Eating Flesh on Fridays Saturdays Embring-days and Fish-days in like manner and form as they may inquire hear and determin any Trespass or other Offence against the Kings Peace committed or done within the limits or place where they then shall be Iustices c. For redress c. be it Enacted c. that where any person C. 24. § 2. N. 5. c. shall be Feloniously stricken or poysoned in one County Coron and dye of the same c in another County that then an Indictment thereof found by Iurors of the County where the death shall happen whether it shall be found before the Coroner c or before the Iustices of Peace or other Iustices or Commissioners c. shall be as good c. as if the Stroke or Poysoning had been committed or done in the same County where the Party shall dye or where such Indictment shall be so found c. And further be it Enacted c. that where any Murder or Felony hereafter shall be committed and done in one County Lieu. § 4. N. 1. and another person or more shall be accessary c. in any manner of wise c. in any other County that then an Indictment found c. before the Iustices of Peace or other Iustices
number of evil disposed persons did come and joyn themselves to the said small number whereby the same evil disposed persons took upon them such boldness that they would not be reduced to obedience without much blood shedding to the great danger of the Kings Majesties person where if the Kings loving Subjects durst have taken upon them to have suppressed them at the beginning such inconvenience of blood-shed should not have followed 1 Mar. 1. St 2. Cap. 12. § 7. N. 1. § 8. N. 2. Therefore it is also Ordained and Enacted by the Authority aforesaid Justices that if any persons above the number of two that at any time after the said twelfth day of February shall be unlawfully and of their own authority assembled together to the intent with force of Arms to do practice or put in ure any of the things above mentioned that then it shall be lawful to every Iustice of Peace and to every Sheriff in any County being within the Kings Dominions and to every Mayor Bailiff and other Head-Officer of any City or Town-Corporate for the time he shall be in Office or any other person or persons having the Kings Commission or Letters from his Highness or his Privy Council as well to raise and assemble the Kings loving Subjects in manner of War to be arrayed in such great number as he or they then shall think meet or able to the intent by Violence and Strength to suppress apprehend and take the said persons that so shall be unlawfully assembled 1 Mar. 1. St. 2. Cap. 12. § 7. N. 2. § 8. N. 3. And that if the said persons so unlawfully assembled Process after such Commandment or Request by Proclamation or otherwise made shall continue together and not endeavour themselves to return towards their Habitations Houses or Places from whence they came in such short time as they may conveniently that then it shall be lawful to every Iustice of Peace Sheriff and also to every Mayor Bailiff and other Head-Officer of any City or Town-Corporate and to every other Person having Authority as aforesaid after such Commandment or Request by Proclamation made and to such persons as shall be assembled with any Iustice of Peace or Sheriff or with any Mayor Bailiff or other Head-Officer of any City or Town Corporate and with every other person having Authority as is aforesaid to suppress apprehend and take those persons so unlawfully assembled which after such Request made shall continue together and not endeavour themselves to return towards their Habitations or Places from whence they came 1 Mar. 1. St. 2. Cap. 12. § 7. N. 3. Coron And that if the said persons so unlawfully assembled together or any of them shall fortune to be killed slain maimed or hurt § 8. N. 4. in or about the suppressing or taking of them that then every such Iustice of Peace Sheriff Mayor Bailiff and other Head-Officer and every other person having Authority as is aforesaid and all and singular persons by him or them assembled shall be free discharged and unpunishable as well against the King as against all and every other person and persons of for or concerning the killing slaying maiming and hurting of any person or persons so unlawfully assembled that shall fortune to be killed slain maimed or hurt about or by occasion of suppressing or taking of them 1 Mar. 1. St. 2. Cap. 12. § 7. N. 4. Copy-holder And furthermore be it Enacted by the Authority aforesaid § 9. N. 1. that all and every Copy-holder or Customary-Holder being Artificer Husband-man or Laborer and being of the age of eighteen years or more and under the age of forty years not sick impotent lame maimed ne having any other just or reasonable excuse or cause to the contrary and being required by the Sheriff Iustice or Iustices of the Peace or other having Authority by this Act or by Commission or Letters as is aforesaid in that behalf they declaring their said Authority or being required by the immediate Lord or Lords of whom such Copy-holds or Customary holds then shall be holden to serve the Kings Majesty for any the causes above rehearsed and refuse so to do shall only during the Life of such person or persons so refusing forfeit and lose to his or their Lord or Lords of whom such Copy or Customary-holds then shall be immediately holden and should be holden during the Life of such person or persons so refusing in Case he or they had not so refused all their Copy-holds and Customary-holds 1 Mar. 1. St. 2. Cap. 12. § 8. N. 1. Seisure And that it shall be lawful to every such Lord or Lords § 9. N. 2. their Heirs or Assigns of whom such Copy-holds or Customary-holds shall be immediately holden and should have béen holden in case such person or persons had not so refused by vertue of this present Act to enter and take into his or their Hands or Possession all such Copy-holds and Customary-holds so holden of them or any of them immediately and to retain the same during only the Life of every such Offender or Offenders in such manner and form as he or they should have had the Rents or Services of such Copy-hold or Customary-hold in Case such person or persons so refusing had not refused 1 Mar. 1. St. 2. Cap. 12. § 8. N. 2. â—orfeiture And that all and every Farmer being a Yeoman Husbandman § 9. N. 3. Artificer or Laborer and being of the age of eighteen years or more and under the age of forty years not sick impotent lame maimed ne having any other just or reasonable excuse or cause to the contrary and being required by the Sheriff Iustice or Iustices of the Peace or other having Authority by this Act or by Commission or Letters as is aforesaid in this behalf they declaring their said Authority or being required by their Land-Lord or Land-Lords for the time being to whom the Rents of such Farms shall be then rising coming or growing to serve the Kings Majesty for any the Causes above rehearsed and refuse so to do shall during only the Life of such Farmer or Farmers so refusing forfeit and lose to such Land-Lord and Land-Lords as should have had the Rents of such Farmers during the Life and Lives of such person or persons so refusing all their said Farms 1 Mar. 1. St. 2. Cap. 12. § 9. N. 1. Entrie And that it shall be lawful to every such Land-Lord and Land-Lords § 9. N. 4. their Heirs and Assigns to whom the Rents of such Farms should have been due during the Life of such person or persons so refusing in case such person or persons had not so refused by vertue of this present Act to enter and take into his or their Hands or Possession all such Farms and to retein the same during only the Life of every such Offender or Offenders 1 Mar. 1. St. 2. Cap. 12. § 9. N. 2.
â—â—â—r Provided always and be it Enacted by the Authority aforesaid § 9. N. 5. that after the death of every such Copy-holder Customary-holder or Farmer as so shall offend and forfeit any of their said Copy-holds Customary-holds or Farms as is aforesaid that then all and every such person and persons as should or ought to have had the said Copy-holds Customary-holds or Farms after or by the death of such Copy-holder Customary-holder or Farmer in case such Copy-holder Customary-holder or Farmer had not so offended ne forfeited shall and may have the same Copy-holds Customary-holds and Farms by Entry Action Admission or otherwise in like Manner Form and Condition and by such Ways and Means as they and every of them should might or ought to have had if no such Forfeiture or Offence had been had done or committed 1 Mar. 1. St. 2. Cap. 12. § 10. N. 1. § 10. N. 1. And furthermore it is Ordained and Enacted by the Authority aforesaid that if any person or persons after the said twelfth day of February Coron by open Word or Deed shall procure or stir any other person or persons to arise or make any Traiterous or Rebellious Assembly to the intent to do exercise or put in ure any of the things above mentioned that then every person so procuring moving or stirring any other shall therefore be deemed and adjudged a Felon and suffer pains of Death and forfeit his Goods Cattels Lands and Tenements as in Cases of Felony 1 Mar. 1. St 2. Cap. 12. § 19. N. 1. §. 10. N. 2. And shall also lose the Benefit of his Clergy and Sanctuary Clergy § 11. N. 1. And also be it further Enacted by the Authority aforesaid Imprisonment that if any person or persons which at any time after the same day shall be spoken unto moved or stirred to make any Commotion Insurrection or unlawful Assembly for any of the intents above mentioned and do not within twenty four hours next after he or they shall be so spoken unto moved or stirred unless he shall have a good and reasonable cause of excuse declare the same to one Iustice of Peace or Sheriff of the said County or to the Mayor Sheriffs Bailiff or Bailiffs or other head-Officer of any City or Town-Corporate where such speaking motion or stirring shall be had shall suffer Imprisonment until he shall be discharged by three Iustices of Peace of the same Shire where the Offence shall be whereof one of the said Iustices shall be of the Quorum 1 Mar. 1. Stat. 2. Cap. 12. § 11. N. 1. § 12. N. 1. And it is Ordained and Enacted by the Authority abovesaid Imprisonment that if any person or persons being above the age of eighteen years and under the age of forty years being able to serve and not sick lame or impotent shall be required by any Iustice of the Peace or any Sheriff of any County where any such Assembly shall be or by any Mayor Bailiff or other Head-Officer of any City Borough or Town-Corporate or by any other by the Commandment of any such Iustice of Peace Sheriff Mayor Bailiff or other Head-Officer to go with him or them to suppress the persons unlawfully assembled in manner and form aforesaid that then every person so being able and required do willingly and obstinately refuse so to do shall suffer Imprisonment of his Body for one year without Bail or Mainprize 1 Mar. 1. Stat. 2. Cap. 12. § 12. N. 1. § 12. N. 2. And make Fine and Ransom at the Kings Will and Pleasure Amercements § 13. N. 1. Provided always and be it Enacted by the Authority aforesaid that if the King shall by his Letters Patents make any Lieutenant in any Countiy or Counties of this Realm for the suppressing of any Commotion Rebellion or unlawful Assembly War that then all Iustices of Peace of every such County and the Sheriffs and Sheriff of the same as all Mayors Bailiffs and other Head-Officers and all Inhabitants and Subjects of any County City Borough or Town-Corporate within every such County shall upon the Declaration of the said Letters Patents and Request made be bound to give attendance upon the same Lieutenant to suppress any Commotion Rebellion or unlawful Assembly unless he or they being so required have any reasonable excuse for his not attendance upon pain of Imprisonment of one whole year 1 Mar. 1. St. 2. Cap. 12. § 13. N. 1. § 14. N. 1. And be it further Enacted by the Authority aforesaid Notice that the Order and Form of the Proclamations that shall be made by the Authority of this Act shall be as hereafter followeth or with the like order and words in effect that is to say the Iustice or other person Authorized by this Act to make the said Proclamation shall make or cause to be made in Oyes and after that shall openly pronounce or cause to be pronounced these words or the like in effect 1 Mar. 1. St. 2. Cap. 12. § 14. N. 1. Peace The King our Soveraign Lord § 14. N. 2. chargeth and commandeth all persons being assembled immediately to disperse themselves and peaceably to depart to their Habitations or to their lawful Business upon the Pains contained in the Act lately made against unlawful and rebellious Assemblies and God save the King 1 Mar. 1. St. 2. Cap. 12. § 14. N. 1. Forfeiture Provided always and be it Enacted by the Authority aforesaid § 15. N. 1. that if any person or persons do or shall molest let hinder or hurt any person or persons that shall proclaim or go to proclaim according to the Proclamation and Order made in the Statute aforesaid whereby such Proclamation shall not be made that then all and every such person and persons so molesting letting hindring or hurting and all and every such person and persons Offender or Offenders to whom any such Proclamation or Proclamations should or ought to be made to the intent aforesaid shall incur and be in like Danger and suffer like Pain or Pains and Forfeitures as aforesaid in every of their Degrees as though the Proclamation had been made any Clause Article or Sentence heretofore in this Act included made to the contrary notwithstanding 1 Mar. 1. St. 2. Cap. 12. § 15. N. 1. Days And be it Enacted by the Authority aforesaid § 15. N. 2. that this Act shall be openly read at every Quarter Sessions 1 Mar. 1. St. 2. Cap. 12. § 16. N. 1. Franchise Saving to the Bishop of Durham and Bishop of Ely § 15. N. 3. and all other that have Charter of the County Palatine and to their Successors the year day and waste in such sort as by the said Charter they had or ought to have had the same if this Act had never been had ne made this Act or any thing therein contained to the contrary notwithstanding 1 Mar. 1. St.
ure and do any of the things aforesaid having any manner of ways knowledge of the let so made or by any means procuring the same let incur and be in danger and suffer like Pain or Pains and Forfeitures aforesaid in every their degrees as though the Proclamation had been made any Clause Article or Sentence heretofore in this Act encluded made to the contrary notwithstanding § 17. N. 1. Provided always and be it Enacted by the Authority aforesaid Heir that all and every the Heir and Heirs of all and every the Offender and Offenders in any the Cases aforesaid and all and every person and persons Bodies Politick and Corporate their Heirs Successors and Executors and every of them other than such person and persons only as shall be attainted convicted or outlawed of any the aforesaid Offences of Felony shall have hold and enjoy all such Right Title Entry Interest Leases Possession Rents Conditions Profits Commodities and Advantages as they or any of them have or hereafter shall have or of right ought to have in or to any Honors Castles Mannors Lands Tenements Woods Rents Reversions Services or Hereditaments whatsoever in or to any part or parcel thereof in as large and ample manner and form to all Intents Constructions and Purposes as if such Attainder had been had ne made any thing in this Act to the contrary in any wise notwithstanding § 21. N. 1. And be it further Enacted by the said Authority War that no Lieutenant or Lieutenants that shall be appointed or made by Authority or Colour of this Act or for to execute this Act shall in any wise make put or constitute under him or them or in his or their place any Deputy or Deputies nor shall call convent or appoint to appear before him or them by the only Authority of Lieutenancy or of Commission of Lieutenancy any person or persons for any Cause or Matter whatsoever save only for the Causes and Matters expressed in this present Act and for none other § 22. N. 1. And that no person or persons shall be put to any Loss Forfeiture Accessary Pain or Punishment of Life Lands or Goods as Accessary to any person or persons that shall commit any of the Offences contained in this present Act for receiving comforting or aiding of any such Offender after such Act committed or done § 22. N. 2. And that no Attainder or Conviction of any person or persons Heir for any Offence or Offences herein contained shall be any manner of Corruption of Blood between the Offender and any of his Ancesters or such person and persons as should have been Heir to such Offender if no such Attainder or Conviction had been had § 22. N. 3. Saving to all and every Person and Persons Franchise Body and Bodies Politick and Corporate and their Successors their Liberties and Franchises in such manner and form as if this Act had never been had ne made § 23. N. 1. And be it further Enacted by the said Authority that one Act viz. 3 4 Ed. 6. 5. c. and all and every Branch Clause Sentence and Article therein contained shall be from the twentieth day of December next coming utterly void and of no force to all Intents Constructions and Purposes § 23. N. 2. And this Act only to be put in Execution for and concerning the Offences mentioned in the said former Act viz. 3 4 Ed. 6. 5. § 23. N. 3. This Act to continue unto the end of the next Parliament 1 Mar. 1. Days St. 2. Cap. 12. 1 Eliz. 16. Statuta Ph. Mar. Riot BE it therefore Enacted c. viz. because good and beneficial that all 1 Mar. 1. St. 3. C. 12. § 12. N. 2. c. the said several Acts c. viz. 1 Mar 1. St. 2. Cap. 12. c. and all Clauses c. shall be revived c. until the last day of the next Parliament 1 2 Phil. Mar. Cap. 16. § 1. N. 15 Slander And be it also Enacted c. that all Iustices of Over and Terminer 1 2 Ph. Mar. Cap. 3. § 7. N. 1. c. Iustices of Assize c. Iustices of Goal-delivery and Iustices of Peace as well within the Liberties as without within the limits of their several Commissions in their several Sessions or other Sessions which they or two of them whereof one of them to be of the Quorum may and shall appoint at their pleasure where and when need shall require and shall by vertue hereof have full Power c. to inquire hear and determin all and every the Offences c. viz. of false News aforesaid as in Cases of Tryal of Felony Corn. And for the better Execution of this Act C. 5. § 6. N. 1. viz. against Transporting Wheat Barly Rye or other Corn Mault Beer Butter Cheese Herring Victual or Wood c. be it further Enacted c. that all and singular Iustices of the Peace as well within the Liberties as without within their several Authorities and Commissions at any time within three years next after such Offences committed shall have full Power and Authority to inquire as well by the Oaths of twelve lawful men as also to hear and examin the Master Masters and Mariners of the said Ships Crayers and other Vessells and all and every other person and persons of all and singular the Offenders against this present Act and to hear and determin the same Offences as they may and ought to hear and determin any other Trespasses or Offences Bail Where in the Parliament c. viz. 3 H. 7. Cap. 3. § 1 N 3. Cap. 13. it was amongst other things Ordained and Enacted that no Prisoner arrested for Felony should be letten to Bail or Mainprize by any one Iustice of Peace but by the whole Iustices or at least by two of them whereof one to be of the Quorum Justices Since the making of which Statute viz. 3 H. 7. Cap. 3. § 1. N. 3. § 1. N. 2. one Iustice of Peace in the name of himself and one other of the Iustices his Companion not making the said Iustice party nor privy unto the Case wherefore the Prisoner should be Bailed hath often times by sinister labor and means set at large the greatest and notablest Offenders such as be not replevisiable by the Laws of this Realm Certificate And yet the rather to hide their Affections in that behalf § 1. N. 3. have signified the Cause of their Apprehension to be but only for Suspition of Felony whereby the said Offenders have escaped unpunished and do daily to the high displeasure of Almighty God the great peril of the King and Queens true Subjects and encouragement of all Theives and Evil-Doers Joynder For Reformation whereof § 2. N. 1. be it Ordained and Enacted by the King and Queens Majesties the Lords Spiritual
and Temporal and the Commons in this present Parliament Assembled and by the Authority of the same that from and after the first day of April next coming no Iustice or Iustices of Peace shall let to Bail or Mainprize any such person or persons which for any Offence or Offences by them or any of them committed be declared not to be Replevised or Bailed or be forbidden to be replevised or Bailed by the Statute of Westminster 1 c. viz. 3 Ed. 1. Cap. 15. Coron And furthermore that any person or persons Arrested for Manslaughter or Felony § 3 N. 1 or Suspition of Manslaughter or Felony being Bailable by the Law shall not after the first day of April be let to Bail or Mainprize by any Iustices of Peace if it be not in open Sessions except it be by two Iustices of Peace at the least whereof one to be of the Quorum and the same Iustices to be present together at the time of the said Bailment or Mainprize § 3. N. 2. Which Bailment or Mainprize they shall certify in Writing Certificate subscribed or signed with their own Hands at the next general Goal-delivery to be holden within the County where the said person or persons shall be arrested or suspected § 4. N. 1. And that the said Iustices or one of them being of the Quorum Proof when any such Prisoner is brought before them for any Manslaughter or Felony before any Bailment or Mainprize shall take the Examination of the said Prisoner and Information of them that bring him of the Fact and Circumstances thereof and the same or as much thereof as shall be material to proove the Felony shall put in Writing before they make the same Bailment 2 3 Ph. Mar. Cap. 10. § 4. N. 2. Which said Examination together with the said Bailment Certificate the said Iustices shall certify at the next general Goal-delivery to be holden within the limits of their Commission 2 3 Ph. Mar. Cap. 10. § 1. N. 2. § 5. N. 1. And that every Coroner upon any Inquisition before him found whereby any person or persons shall be Indicted for Murder or Manslaughter Inquest or as Accessary or Accessaries to the same before the Murder or Manslaughter committed shall put in Writing the effect of the Evidence given to the Iury before him being material § 5. N. 2. And as well the said Iustices as the said Coroner Recognizance shall have Authority by this Act to bind all such by Recognizance or Obligation as do declare any thing material to proove the said Murder or Manslaughter Offences or Felonies or to be Accessary or Accessaries to the same as is aforesaid to appear at the next general Goal-delivery to be holden within the County City or Town-Corporate where the Tryal thereof shall be then and there to give Evidence against the Party so Indicted at the time of his Tryal 2 3 Ph. Mar. Cap. 10. § 2. N. 4. § 5. N. 3. And shall certify as well the same Evidence Certificate as such Bond or Bonds in Writing as he shall take together with the Inquisition or Indictment before him taken and found at or before the time of his said Tryal thereof to be had or made 2 3 Ph. Mar. Cap. 10. § 2. N. 5. § 5. N. 4 And likewise the said Iustices shall certify all and every such Bond taken before them Bail in like manner as before is said of Bailment and Examination § 5. N. 5. And in Case any Iustice of Peace of Quorum or Coroner Justices shall after the first day of April offend in any thing contrary to the true intent and meaning of this present Act that then the Iustices of Goal-delivery of the Shire City Town or Place where such Offence shall happen to be committed upon due Proof thereof by Examination before them shall for every such Offence set such Fine on every of the same Iustices of Peace and Coroner as the same Iustices of Goal-delivery shall think meet and estreat the same as other Fines and Amercements assessed before Iustices of Goal-delivery ought to be § 6. N. 1. Provided always Coporation and be it further Enacted by the Authority aforesaid that Iustices of Peace and Coroners within the City of London and the County of Middlesex and in other Cities Boroughs and Towns-Corporate within this Realm and Wales shall within their several Iurisdictions have Authority to let to Bail Felons and Prisoners in such manner and form as they have been heretofore accustomed this Act or any thing therin contained to the contrary notwithstanding § 6. N. 2. And also shall take Examinations and Bonds as is aforesaid Proof upon every Bailment by them or any of them to be made § 6. N. 3. And shall certify every such Bailments Certificate Bonds and Examinations by them or any of them taken or made at the next Goal-delivery to be holden within the Shire City Borough or Town where their several Iurisdictions extendeth upon like Pain and Forfeiture as is before limited in this present Act. § 7. N. 1 And be it also Enacted Certirorari c. that no Writs of Habeas Corpus or Certiorari shall be hereafter granted to remove any Prisoner out of any Goal or to remove any Recognizance except the same Writs be signed with the proper hands of the Chief Iustices or in his absense one of the Iustices of the Court out of which the same Writs shall be awarded or made Officer Vpon Pain § 7. N. 2. that he that writeth any such Writs not being signed as is aforesaid to forfeit to our Soveraign Lord the King and the Queen for every such Writs five pounds Riot Be it therefore Enacted c. viz. because good and beneficial that all C. 16. N. 15. c the several Acts c. viz. 1 Mar. 1. St. 2. Cap. 12. c. of Riots and all Clauses c. shall be revived c. until the last day of the next Parliament 2 3 Ph. Mar Cap. 21. § 10. N. 2. Husbandry The one half of which said Forfeitures viz. twenty shillings a month 2 3 Ph. Mar. Cap. 3. § 3 N. 2◠that one Cow is not kept for every threescore Shere-sheep and one Calf for every six score shall be to the use of c. the King and Queens Majesties and the other half to the use of the Party that within one year after the Offence committed will sue for the same in any c. Courts of Record or before the Iustices of Peace in the same Shire where any such Cause of Forfeiture shall be had at the general Sessions who by Authority of this Act shall have Power to hear and determine the said Offences by Bill Information Presentment Action of Debt or Detinue in which Action or Suit no
think meet and conferring together respecting Plenty or Scarcity of the Time and other Circumstances necessarily to be considered shall have Authority by vertue thereof within the limits and Precincts of their several Commissions to limit rate and appoint the wages as well of such and so many of the said Artificers Handy-Craftsmen Husbandmen or any other Laborer Servant or Workman whose wages in time past hath been by any Law or Statute rated and appointed § 15. N. 3. As also the wages of all other Laborers Artificers Fees Work-men or Apprentices of Husbandry which have not been rated 39 Eliz. 12. § 2. N. 1. § 15. N. 4. As they the same Iustices Days Mayor or Head-Officers within their several Commissions or Liberties shall think meet by their Discretions to be rated limited or appointed by the year or by the day week month or otherwise with meat and drink or without meat and drink § 15. N. 5. And what wages every Workman or Labourer shall take by the Great for Mowing Reaping or Threshing of Corn and Grain Husbandry or for Mowing or making of Hay or for Ditching Paving Rayling or Hedging by the Rod Pearch Lugg Yard Pole Rope or Foot and for any other kind of reasonable Labor or Service § 15. N. 6. And shall yearly before the twelfth day of July next after the said Assessments and Rates so appointed and made Certificate certify the same ingrossed in Parchment with the Considerations and Causes thereof under their Hands and Seals into the c. Court of Chancery 39 Eliz. 12. § 3. N. 1. § 17. N. 1. And be it further Enacted Justices c. that if all the said Iustices of Peace resiant within the Counties where they are or shall be Iustices of Peace and Mayors and Head-Officers do not before the tenth day of July c. yearly appear and assemble at the said general Sessions or within six weeks next after the said general Sessions and limit and rate the wages c. or be negligent or remiss in the Certificate thereof c. that then every Iustice of Peace c. in whom any such default or negligence shall be found being within the said County c. at the time of the said Sessions or at the times of the said rates of wages to be set within six weeks next after every such Sessions and not visited with any such Sickness as he could not travail thither without peril and danger of his Life or not having any other lawful and good Excuse to be allowed by the Iustices then assembled for the rating and taxing of wages or by the more part of them upon a Corporal Oath c. by some credible person assessed c. in the Book of Subsidy to the clear value of five pounds c. or by such other person as the most part of such Iustices shall allow c. shall for such default or negligence forfeit c. ten pounds c. 39 Eliz. 12. § 2 N. 4. Apprentice Provided always and be it Enacted c. that in the time of Hay § 22. N. 1. or Corn-harvest the Iustices of Peace and every of them c. shall and may cause all such Artificers and Persons as be meet to labour by the descretions of the said Iustices c. to serve by the day for the Mowing Reaping Shearing Getting or Inning of Corn Grain and Hay according to the Skill and Quality of the Person Women And be it further Enacted c. that two Iustices of Peace § 24. N. 1. c shall and may by vertue hereof appoint any such Woman as is of the age of twelve years and under the age of Forty years and unmarried and forth of Service as they shall think meet to serve to be retained or serve by the year or by the week or day for such wages and in such reasonable sort and manner as they shall think meet Husbandry And be it further Enacted §. 35. N. 1. that if any person shall be required by any Housholder having and using half a Plowland at the least in Tillage to be an Apprentice c. and shall refuse so to do that then upon Complaint of such House-Keeper made to one Iustice of the Peace of the County where the said Refusal is or shall be made c. they shall have full Power and Authority by vertue hereof to send for the same person so refusing Justices And if the Iustice § 35. N. 2. c. shall think the said person meet and convenient to serve as an Apprentice in that Art Labor Science or Mistery wherein he shall be so then required to serve that then the said Iustice c. shall have Power c. if the said person refuse to be bound as an Apprentice to commit him unto Ward there to remain untill he be contented and will be bounden to serve as an Apprentice should serve according to the true intent and meaning of this present Act. Apprentice And if such Master shall mis-use or evil intreat his Apprentice § 35. N. 3. or that the said Apprentice shall have any just cause to complain or the Apprentice do not his Duty to his said Master then the said Master or Apprentice being grieved and having cause to complain shall repair unto one Iustice of Peace within the said County c. who shall by his wisedom and discretion take such order and direction between the said Master and his Apprentice as the Equity of the Cause shall require Process And if for want of good Conformity in the Master § 35. N. 4. the said Iustice of Peace c. cannot compound and agree the matter between him and his Apprentice then the said Iustice c. shall take Bond of the said Master to appear at the next Sessions then to be holden within the said County c. to be before the Iustices of the said County c. if the said Master dwell within any such Apprentice And upon his appearance and hearing of the matter before the said Iustices § 35. N. 5. c. if it be thought meet unto them to discharge the said Apprentice of his Apprentice-hood that then the said Iustices or four of them at the least whereof one to be of the Quorum c. shall have Power by Authority hereof in Writing under their Hands and Seals to procure and declare that they have discharged the said Apprentice of his Apprentice-hood and the Cause thereof Justices And if the Default shall be found to be in the Apprentice § 35. N. 7. then the said Iustices c. with the Assistance aforesaid shall cause such due Correction and Punishment to be ministred unto him as by their Wisdom and Discretions shall be thought meet Fees And in Consideration of the Pains and Travail of the said Iustices of Peace § 38 N. 1. c. shall take and sustain
or Tything-man of the same County Hundred Parish or Tything where such person shall be taken c. be stripped naked from the Middle upwards and shall be openly whipped until his or their Body be bloody § 4. N. 1. Provided always and be it Enacted Imprisonment if any of the said Rogues shall appear to be dangerous to the Inferior sort of People where they shall be taken or otherwise be such as will not be reformed of their Roguish kind of Life by the former Provisions of this Act that in every such Case it shall and may be lawful to the said Iustices of the limit where any such Rogue shall be taken or any two of them whereof one to be of the Quorum to commit that Rogue to the House of Correction or otherwise to the Goal of the County there to remain until the next Quarter Sessions to be holden in that County § 8. N. 1. Provided always Franchise that the Iustices of Peace within any County of this Realm or Wales shall not intromit or enter into any City Borough or Town-Corporate where be any Iustice or Iustices of the Peace for any such City Borough or Town-Corporate for the Execution of any Branch c. of this Act for or concerning any Offence Matter or Cause growing or rising within the Precincts Liberties or Iurisdiction of such City Borough or Town-Corporate 39 Eliz. Cap. 3. § 6. N. 1. 43 Eliz. Cap. 2. § 9. N. 1. § 12. N. 1. And be it also further Enacted Justices c. that any two or more Iustices of the Peace within all the said several Shires Cities Boroughs or Towns-Corporate whereof one to be of the Quorum shall have full Power by the Authority of this present Act to hear and determine all Causes that shall come in question by reason of this Act. C. 11. § 2. N. 2. And if upon the same Examination they viz. any Justice of Peace shall find any person Drapery c. to have used or caused to be used in the dying or colouring of any Cloth Wool Yarn Grograin Buffins or Silk or any thing made of Woolen-Yarn or Silk any Logwood alias Block-wood or now or heretofore reputed and taken for Log-wood alias Block-wood then the said Iustices or Iustice Mayor Bailiffs or other Head-Officer being a Iustice of Peace shall not only bind with Surety all such c. whom they shall find so suspected to have offended and such others as may discover the same Offence to the next Quarter Sessions or Goal-delivery which shall happen to be holden for that County City or Town-Corporate but also to certify all such Examinations and Depositions as tend to the finding out or discovery of the said Offences at the Goal-delivery or Quarter Sessions C. 12. § 1. N. 9. viz. that 5 Eliz. Cap. 4. § 15 hath not been duely executed Apprentice c. by reason of Ambiguity and Question have risen and been made whether the raising of all manner of Artificers Work-men and Workwomen his or their Wages other than such as by some Statute and Law have been rated or else such as did work about Husbandry forasmuch as the said Law hath been found beneficial for the Common-wealth 1. Jac. Cap. 6. § 2. N. 2. § 2. N. 1. Be it Enacted that the said Statute viz. 5 Eliz. Cap. 4. § 15. N. 3. 4. Fees and the Authority by the same Statute given to any person or persons for assessing and rating of Wages and the Authority to them in the said Act committed shall be expounded and construed and shall by force of this Act give Authority to all persons having any such Authority to rate wages of any Laborers Weavers Spinsters and Work-men or Work-women whatsoever either working by the Day Week Month Year or taking any Work at any person or persons hand whatsoever to be done 1 Jac. Cap. 6. § 3. N. 1. And whereas in divers Shires within this Realm § 2. N. 2. the Iustices of Peace have not usually kept their general Sessions in one Place of the Shire together but the general Sessions have been kept in several Places for several Divisions by reason whereof the most part of the Iustices of the Peace coming not together nor rating of wages could well be made in the said Shire where such general Sessions have been used 1 Jac. Cap. 6. § 4. N. 1. Justices Be it Enacted c. that the most Iustices of Peace § 2. N. 3. or the more part of them resiant in such Division in any Shire within this Realm where such Sessions have been usually severally kept shall at the same Sessions or at such time of rating of wages as is limited by the said Act c. viz. 5 Eliz. Cap. 4. § 15. N. 6. have as full Authority and Power to rate all manner of wages to be rated within the limits of such Division in any such Shire as if the same were done in the general Sessions for the said County or by the most part of the Iustices meeting for the rating of wages by the said Act 1 Jac. Cap. 6. § 5. N. 1. Certificate And be it further Enacted that no person § 3. N. 1. c. shall incur any Danger or Penalty for not making Certificate into the c. Chancery of any rates of wages appointed to be Certified by the said Act viz. 5 Eliz. Cap. 4. § 15. N. 6. 1 Jac. Cap. 6. § 8. N. 1. Fees But the said Rates ingrossed in Parchment and sealed c. shall § 3. N. 2. if the same be in any Shire be kept by the Custos Rotulorum of the said County amongst the Records in his Custody for the said Shire and in any City or Town-Corporate amongst the Records of the said City or Town Corporate 1 Jac. Cap. 6. § 8. N. 2. Corn. Whereas greater quantity of Mault is daily made than either in time past was or is now needful Be it Enacted c. that from time to time Cap. 16. and at all times hereafter it shall and may be lawful for the Iustices of Peace within this Realm in their open Quarter Sessions to suppress discharge or restrain the superfluous and unnecessary number of Malsters in part or in whole and also to restrain such c. as to their Discretions shall seem meet from the buying of Barly to convert into Mault in part or in all for such time c. as to their discretions shall seem meet Poor And be it further Enacted C. 17. § 4. N. 1. that it shall be lawful for the Iustices of Assizes Iustices of Goal-delivery and the Iustices of Peace of every County and all Iustices of Peace in Towns-Corporate having Authority to hear and determine Felonies to hear and determine all such Offences viz. of wandring idle Souldiers and Mariners hereby made Felony without Clergy in their General Sessions Mettle The same viz. three
Statute shall be indicted tryed and proceeded against by and before the Iustices of Assize and Goal-delivery of that County for the time being or before the Iustices of the Court of Kings Bench c. § 27. N. 1. And be it further Enacted that if any Subject of this Realm Religion c. shall not resort or repair every Sunday to some Church Chappel or some other usual Place appointed for Common-Prayer and there hear Divine Service according to the Statute c. viz. 1 Eliz. Cap. 2. § 14. N. 1. that then it shall and may be lawful to and for any one Iustice of Peace of that Limit Division and Liberty wherein the said Party shall dwell upon proof unto him made of such Default by Confession of the Party or Oath of Witnesses to call the Party before him § 27. N. 2. And if he or she shall not make a sufficient Excuse and due proof thereof to the satisfaction of the said Iustice of Peace Proof that it shall be lawful for the said Iustice of Peace to give Warrant to the said Church-warden of the said Parish wherein the Party shall dwell under his Hand and Seal to levy 12 d. for every such Default by distress and sale of the Goods of every such Offender c. § 27. N. 3. And that in default of such distress Justices it shall and may be lawful for the said Iustice of Peace to commit every such Offender to some Prison within the said Shire Division Limit or Liberty wherein such Offender shall be inhabiting until payment be made of the said sum or sums so to be forfeited § 36. N. 2. And all Offences other than Treason shall be inquired Offence heard and determined before the Iustices of Peace in their general or Quarter Sessions to be holden within the Shire Division Limit or Liberty wherein such Offence shall happen C 〈…〉 § 1. N. 5. And such person so discovering the same viz. any Recusant Pope or other which shall entertain or relieve any Jesuit Seminary Popish Priest or any Mass to any Justice of Peace after Conviction of the Offender shall have a Certificate from the Iudges or Iustices of Peace before whom such Conviction shall happen to be directed to the Sheriff or other Officer of the same County Limit or Place that shall seise the Goods or levy the said Forfeiture commanding the said Sheriff or other Officer to pay the same viz. Fifty Pounds to him that so discovered the same out of the monies to be levyed by vertue of the said Forfeitures c. Licence And if any of the persons which are so confined viz. Popish Recusants c. shall have necessary occasion or business to go and travail out of the compass of the said five Miles that then and in every such Case § 7. N 2. upon Licence in Writing in that behalf to be gotten under the Hands and Seals of four of the Iustices of Peace of the sane County Limit Division or Place next adjoyning to the Place of abode of such Recusant with the Privity and Assent in Writing of the Bishop of the Diocess or of the Lieutenant or of any Deputy Lieutenant of the same County residing within the said County or Liberty under their Hands and Seals Oath It shall and may thereupon be lawful for every such person so licenced § 7. N. 4. to go and travail about such their necessary business and for such time only for their travailing attending and returning as shall be comprized in the said Licence the said Party so licenced first taking his Corporal Oath before the said four Iustices of Peace or any of them who shall have Authority by vertue of this Act to punish the same that he hath truly informed them of the cause of his Iourny and that he shall not make any causeless stays Ouster le mere Be it further Enacted § 17. N. 2. c. that if any of the said persons viz. Popish Recusants no Merchants Factors Apprentices Souldiers nor Mariners so gone beyond the Seas without Licence which are not yet returned shall not within six Months next after their return into this Realm then being of the Age of eighteen years or more take the Oath c. viz. of Allegiance before some Iustice of Peace of the County Liberty or Limit where such person shall inhabit or remain that then every such Offender shall take no Benefit by any Gift Conveyance Discent Devise or otherwise of or to any Lands Tenements Hereditaments Goods or Chattels until he or they being of the said Age of eighteen years or above take the said Oath Justices And that it shall be lawful for any two Iustices of Peace within the Limits of their Iurisdiction or Authority and to all Mayors § 26. N. 1. Bailiffs and chief Officers of Cities and Towns-Corporate in their Liberties from time to time to search the Houses and Lodgings of every Popish Recusant convict or of every person whose Wife is or shall be a Popish Recusant convict for Popish Books and Reliques of Popery Pope And that if any Altar Pix Beads § 26. N. 2. Pictures or such like Popish Reliques or any Popish Book or Books shall be found in their or any of their Custody as in the Opinion of the said Iustices Mayor Bailiffs or Chief-Officer as aforesaid shall be thought unmeet for such Recusant as aforesaid to have or use the same shall be presently defaced and burnt if it be meet to be burned Religion And if it be a Crucifix or other Relique of any Price § 26. N. 3. the same to be defaced at the general Quarter Sessions of the Peace in the County where the same shall be found and the same so defaced to be restored to the Owner again War And be it also Enacted c. that all such Armor § 27. N. 1. Gun-powder and Munition of whatsoever kinds as any Popish Recusant convict within this Realm of England hath or shall have in his house c. or elsewhere or in the Hands or Possession of any other at his or their disposition shall be taken from such Popish Recusant by Warrant of four Iustices of Peace at their general or Quarter Sessions to be holden in the same County where such Popish Recusant shall be resident other than such necessary Weapons as shall be thought fit by the said four Iustices of Peace to remain and be allowed for the defence of the person or persons of such Recusant or for the defence of his her or their house or houses Justices And that the said Armor and Munition so taken § 27. N. 2. shall be kept and maintained at the Costs of such Recusants in such places as the said four Iustices of Peace at their said Sessions of Peace shall set down and appoint § 28. N. 1. And be it further enacted c. that if any such
shall be troublesome unto the Country by going abroad or otherwise shall escape away from the said house of Correction before they shall be from thence lawfully delivered that then the said Iustices shall set down such Fines and Penalties upon the said Master and Governors as the most part of them in their Quarter Sessions shall think fit and convenient C. 6. § 6. N. 1. All and every Temporal Iudge Iustices of Peace Oath and every other person c. that doth or shall receive any Fee of your Highness your Heirs and Successors viz. shall take the Oath of Allegiance before the Lord Chancellor c. Lord Treasurer Lord Admiral Lord Warden of the five Ports for the time being or one of them or before one of the Chief Iustices c. or before the Iustices of Assize of the same County where the Parties reside or other such persons as the Lord Chancellor c. shall thereunto Authorize § 26. N. 2. And viz. it shall be lawful to and for any two Iustices of Peace within any County City or Town-Corporate whereof one to be of the Quorum Justices to require any person or persons of the Age of eighteen years or above under the degree of a Baron or Baroness to take the said Oath § 26. N. 4. And if any person or persons whatsoever of and above the said Age Pope and under the said Degree c. shall stand and be presented indicted or convicted for not coming to Church or receiving the Holy Communion c. according to the Laws and Statutes of this Realm before the Ordinary or any other having lawful Power to take such Presentment or Indictment or if the Minister Pety-Constable and Church-Wardens or any two of them shall at any time hereafter complain to any Iustice of Peace near adjoyning to the Place where any person complained of shall dwell and the said Iustice shall find cause of Suspition that then any one Iustice of Peace within whose Commission or Power such person shall at any time hereafter be or to whom Complaint shall be made as aforesaid shall upon notice thereof require such person or persons to take the said Oath Imprisonment And that if any person or persons being of the Age of eighteen years or above § 26. N. 5. shall refuse to take the said Oath duly tendered to him or her according to the true intent and meaning of this Statute that then the persons authorized by this Law to give the said Oath shall and may commit the said Offender to the Common Goal there to remain without Bail or Mainprize until the next Assizes or general Quarter Sessions to be holden for the said Shire Division Limit or Liberty where the said Oath shall be again in the said open Sessions required of such person by the said Iustices of Assize or Iustices of the Peace then and there present or the greater number of them Oath And if the said person § 26. N. 6. c. shall refuse to take the Oath being tendered to him or her by the said Iustices of Assize and Goal-delivery in their own Assizes or Goal-delivery or the Iustices of Peace or the greater part of them in their general or Quarter Sessions every person so refusing shall incur the Danger and Penalty of Premunire mentioned in a Statute c. viz. 16 Rich. 2. Cap. 5. § 2. N. 6. except Women Covert who shall be committed only to Prison there to remain without Bail or Mainprize till they will take the said Oath Drapery For the preventing and reformation c. viz. of Deceits C. 7. § 2. N. 1. c. be it Enacted c. that all c. who shall unjustly falsely or deceitfully convey away imbezil purloyn sell or detain any part of the Wool or Yarn delivered by any Clothier Maker of Bays Says or by any other person c. making such Cloths or Stuffs to any such Sorter Carder Kember Spinster or Weaver of Wool or Yarn that in every such Case and Cases as well the Sorter Carder Kember Spinster and Weaver so offending as the Buyer c. Receiver c. of the same knowing the same being thereof lawfully convicted by Confession of the Party c. so offending or by one sufficient Witness upon Oath before two or more of the Kings Majesties Iustices of the Peace of the same County or Liberty where the same Offence c. shall be committed or if it be within a Town-Corporate before the Mayor Bayliff or Chief-Officer and one more of the Aldermen or most substantial persons of the said Town Justices Who shall by force of this Act have full Power and Authority to minister the same Oath § 2. N. 2. and finally to hear and determine all and every the Offences aforesaid Damages Shall give and make to the Party c. grieved § 2. N. 3. such recompence and satisfaction for such their damage and loss as by the said Iustices or Chief-Officers shall be ordered and appointed Fowl For the preventing c. viz. of Destruction of Corn C. 11 § 2. N. 1. Partridge and Phesants c. be it Enacted c. that all c. which c. doth or shall hawk or destroy or kill any Phesant c. or Partridges with any kind of Hawk c. or Dogs by colour of hawking between the first day of July and the last day of August and the same Offence or Offences being proved by the Confession of the Party or by the Testimony of two sufficient Witnesses upon Oath before two or more Iustices of Peace of the said County City or Town-Corporate wherein the Offence shall be committed or the Party offending apprehended shall be by the said Iustices of the Peace for every such Offence committed to the Common-Goal of the said County City or Town-Corporate where the Offence shall be committed or the Parties apprehended Days Provided that no Offenders shall be impeached or punished by vertue of this Act § 4. N. 1. unless he or they be accused as delinquent before the said Iustices of Peace within six Months next after the said Offence c. committed or done Imprisonment Be it therefore further Enacted c. that all c. which c. shall take § 8. N. 1. kill or destroy any Phesant or Partridge with setting Dogs and Nets or otherwise with any manner of Nets Snares or Engines and the same Offence or Offences being proved by the Confession of the Party or by the Testimony of one sufficient Witness upon Oath before two or more Iustices of the Peace of the same County City or Town-Corporate wherein the Offence shall be committed or the Party offending apprehended shall be by the said Iustices of the Peace for every such Offence committed to the Common-Goal of the said County City or Town-Corporate where the said Offence shall be committed or the Party apprehended § 8.
whether the power of Bail when it is required be not taken from them by some of those former Statutes recited and then whether that particular Statute it self against which the Prisoner is charged to offend do not specially prohibit the Bail XXVII Crompt 152 b. § 3. Nota in all cases where the Statute speaks that a man shall be imprisoned at the Kings will Prerogative the Prisoner cannot be enlarged or let to Mainprise until the King sends his pleasure concerning him Stamf. 77. who voucheth 24 Ed. 3. 33. the Case of one Forget who went Arm'd in the Palace at Westm. against 2 Ed. 3. 4. XXVIII Crompt 157 a. b He that is taken by commandment of the Kings Justices shall not be put to Mainprise by 3 Ed. 1. 15. § 1. N. 2. Justices and this is intend by their absolute commandment as if he commands one to Prison without shewing cause why he so commanded him either for a misdemeanour done before him or for such a thing that lyeth in discretion of the Justice more then in his ordinary power Stamf. 72 b. 73 a. XXIX Crompt 160. § 30. Amerciament When a Statute saith the offender shall be Fined at the Kings will this is to be intended that the Justices before whom the offence is examined shall assess the Fine by their discretions for the King speaks and shews his pleasure by the mouth of his Justices XXX Crompt 153. § 8. Error If Error appears of Record before Justices of the Peace in a thing for which a man is in Execution before them they ought to let him by Mainprise to sue a Writ of Error in another Court as where a man is in Execution upon an erroneous Recovery apparent of Record in Banco they ought to let him to Mainprise to sue a Writ of Error in B. R. but not for Error in fact 33 H. 6. 22. XXXI Crompt 153. § 10. Imprisonm Though the Justice of Peace commits one to the Goal for certain causes shewed in the Mittimus without Bail or Mainprise yet he may be bail'd if he be bailable But if he be committed without Bail or Mainprise and without shewing cause why he is committed in the Mittimus then another Justice of Peace doth not do well to Bail him without making him that committed him privy for he may be committed for cause that is not bailable Process XXXII Crompt 153. § 11. The Justice of Peace who commits any to the Goal by reason of his Office ought to shew the cause in his Mittimus to the intent that it may appear whether he be bailable or not Examination XXXIII Crompt 156 b. 157 a. Nota that when he that is taken for Felony shall be bail'd by the Justices of Peace before commitment he must be examin'd and bail'd by two Justices of the Peace who shall be together at the time of the Examination and Bailment 1 2 Phil. Mar. 13. § 3. N. 1. and Lamb. 339. supra 17. but where he is examined and committed he may be Bail'd by one Justice Hoc Nota. See 2 3 Phil. Mar. 10. § 2. N. 2. Forfeiture XXXIV Pasch 21 H. 7. 20 b. pl. 3. in Mainprise Br. 44. Nota per Fineux Ch. J. that wherever any one is Bail'd for suspicion of Felony until a certain day and this on pain to forfeit a certain sum of money at which day the party suspected cometh not in this case the party suspected shall forfeit a hundred shillings and if he were Indict of Felony and so Bail'd unto a certain day wherein he appears not he shall forfeit ten pounds to our Lord the King quod Nota. And note that the pledges themselves who so Bail'd him are obliged for his appearance viz. corpus pro corpore and besides that in a certain sum of money to be forfeited to the King unless he appear but where a man comes in viz. by Cepi corpus in a Writ of Trespass and is Bail'd his pledges are bound corpus pro corpore without any other sum and in that case if he for whose appearance by a day they are obliged by Recognizance do not come at the day limited then the pledges at the discretion of the Judges shall be amerced so note the diversity c. Crompt 157. Process XXXV Crompt 153. § 13. The Justices of Peace may discharge Mainpernors on their prayer and commit the party to prison Imprisonm XXXVI Crompt 157. A man is Bail for one suspected of Felony in 40 l. to appear at the Assizes and after he fears that the other will flee away it seemeth that he may take him and bring him before the Justice and thereupon he may commit him to the Goal if he doth not find other Sureties to appear and thereupon he may be discharg'd of his Recognizance that first Bail'd him 50 Ed. 3. 11. 5 Ed. 4. 31. N. B. B. 117. Dalt 306. cap. 114. Justices XXXVII Dalt 307. cap. 114. So if a Prisoner be Bail'd by insufficient persons the Justices of Peace ex officio may cause him to find better Sureties and may commit him as it seemeth till he shall so do for 3 Ed. 1. W. 1. cap. 15. requireth that such as be Bailed be let out by sufficient Surety Mainprise Br. 2. Pledges Br 1. 10. Co. 101. Dalt 174. cap. 70. Ability XXXVIII Dalt 306 307. And therefore although the number of such Sureties their sufficiency and the sum wherein they shall be bound resteth in some sort in the discretion of the Justice yet it is safe for them to take Sureties at the least and those to be Subsidy-men and to be bound in good sums especially if the Prisoner be in for Felony or suspicion thereof for the more and the more able the Sureties are the rather they will cause him that is bailed to appear And again for want of taking sufficient Bail the Justices of Peace are finable And at Cambridge Assizes Anno 1613. Judge Warberton threatned to have set 40 l. Fine upon two Justices of Peace who had bailed a Prisoner that was committed for suspicion of Felony and appeared not for that the Sureties were not Subsidy-men Quere If the Justices of Peace may not examine upon their Oaths the Sureties concerning their sufficiency or whether they be Subsidy-men Escape XXXIX Dalt 275. cap. 106. If the Justice of Peace c. shall bail one who is not bailable this is an escape Fitz. 4. Coron 246. viz. a negligent escape If it be in ignorance Cromp. 39. § 7. XL. Dalt 306. cap. 114. If any Justices of Peace do let to Bail or Mainprise any person who for any Offence by him committed Fines is declared not to be bailable or forbidden to be bailed by 3 Ed. 1. 15. the said Justices of Peace so offending shall pay such Fines as shall be assessed by the Justices of Gaol-delivery where the Offence shall be committed Query If
c. for if the Retorn mentions only that they are Justices of the Peace without the former words necnon c. according to the Commission the Retorn is insufficient 12 H. 7. 25. 2 R. 3. 9. Indictment Br. 32. 50. 28 H. 6. 11. Error Br. 13. Lamb. 529. supra § 9. XL. Crompt 143. Recogn A Writ out of the Chancery to certifie a Recognizance that is taken by a Justice of the Peace in the Country for conservation of the Peace is in this manner Jacobus c. Custodibus pacis nostrae in Com' S. eorum cuilibet salutem Volentes certis de causis Certiorari super tenorem cujusdem securitatis pacis vel boni gestus quam A. P. Armig ' nuper invenit coram vobis vel aliquo vestrum de eo quod ipse damnum vel malum aliquod R. S. aut alicui alii de populo nostro de corpore suo nec faceret nec fieri procuraret quovismodo Vobis mandamus quod tenorem securitatis sive boni gestus predict ' nobis in Cancellaria nostra in Octab ' Purificat ' beatae Mariae proxim ' futur ' ubicunque tunc fuerit sub sigillis vestris vel unius vestrum distincte aperte sine dilatione mittatis hoc sub pena cent ' librar ' nullatenus omittatis nec aliquis vestrum omittat Teste meipso apud Westm 23 Jun. Anno c. Dalt 409. cap. 134. XLI Crompt 143 b. Peace The form of a Certificate of a Recognizance of the Peace on the said Writ of Certiorari is in this manner Virtute istius Brevis ego G. S. unus Custodum pacis in Com' S. infrascript ' tenorem securitatis pacis unde infra fit mentio Domino Regi nunc in Cancellariam suam sub sigillo meo distincte aperte mitto prout patet in Schedula huic Brevi consul ' c. and then write the Recognizance verbatim and put your Seal to the Certificate See Rast Entr. 416. Dalt 185 186. cap. 73. Crompt 125 b. Lamb. 108. XLII Dalt 410. cap. 134. Also note Recogn that no Certiorari shall be granted to remove any Recognizance except the same Writ be signed with the proper hand of the Chief Justice or in his absence of one of the Justices of that Court out of which the same Writ shall be awarded or made 1 2 Phil. Mar. 13. § 7. N. 1. XLIII Lamb. 580. The Clerk of the Peace must under the pain of 40 s. Officer certifie in B. R. a true transcript of every Attainder Outlawry and Conviction had before the Justices of the Peace in any place except Wales Chester Lancaster and Durham within 40 days after if it be then Term and if not then within 20 days after the beginning of the next Term that the same may there also appear of Record to be used upon cause as that Statute hath appointed 34 H. 8. 14. XLIV Lamb. 580 581. Accessory And if a Principal be attainted of Murder or Felony in one County whereunto another is Accessory in any other County then upon writing from the Justices of Goal-delivery or of Oyer and Terminer to the Custos Rotulorum where such Principal is attainted he must certifie in writing under his Seal to the said Justices whether such Principal be attainted or otherwise discharged or not that they may proceed thereupon to the tryal of the Accessory 2 3 Ed. 6. 24. § 4. N. 2. XLV Lamb. 581. Indictment But in cases where Justices of the Peace have power to receive Indictments and no power to proceed any further upon them there they ought to send up and certifie the Indictments themselves and that of duty as I think without any Certiorari commanding the same because having none Authority to hear and try the offences the Records thereof shall be unprofitable before them and therefore they can have no just cause to retain them and yet for the more surety it is specially commanded by 5 Eliz. 1. § 3. N. 2. that they shall certifie the Presentments of some offences against that Statute XLVI Lamb. 581 582. And so if a man bound to keep the Peace Recogn do make default of appearance at the next Quarter-Sessions the Recognizance it self together with the Records of that default must be certified into the Chancery B. R. or Exchequer that Execution upon the Recognizance may be had there 3 H. 7. 1. § 1. N. 26. and so ought it as I think to be presented that the party hath forfeited his Recognizance by breach of the Peace and likewise if it be presented before them that the Chattels of a man attainted of Felony be in the hands of another for in these and such other cases where they cannot of themselves proceed they ought to send the Records to such as have Authority to determine upon them and otherwise they do not discharge that duty which the words salvis c. aliis ad nos inde spectantibus in the Commission § 16. do seem to expect at their hands Crompt 141 b. Pope XLVII Lamb. 582. The Abjuration of a Seditious Sectary being made in the open Quarter-Sessions of the Peace ought to be certified from thence to the Justices of Assize at the next Assizes 35 Eliz. 1. § 2. N. 3. Purveyors XLVIII Lamb. 582. Furthermore rhe Stat. of Purveyors 2 3 Phil Mar. 6. § 6. N. 2. doth appoint the Justices of the Peace to certifie to the Treasurer of the Kings Houshold the Dockets of Purveyors brought to rheir Sessions by Constables that the serving of such Commissioners and the true answering of Purveyors may be the better examined thereby Records XLIX Lamb. 582. And although it may be doubted whether these be Records or no yet for that they are to be certified from the Sessions of the Peace I stick not to afford them this place and if you will also repute in this number the Licenses and such other Acts of that kind which pass at the Sessions of the Peace I will not be against it Supersedeas L. Lamb. 583. Touching the Certiorari it is of force if it be made accordingly to remove not only Indictments or other Executory Records wherein the Justices of Peace can go no further but also the Records of Causes fully and lawfully heard and determined by them to the end that they may be reversed and adnulled in B. R. if good matter and cause do require it Courts LI. Lamb. 583. For that preheminence hath the Kings-Bench as you may see by proof yea all other the higher Courts may write to the Justices of the Peace to certifie their Records that do make for the tryal of Causes hanging in them as 19 H. 6. 19. Records Br. 24. where they of C. B. did send to the Justices of Peace for an Indictment because in a Writ of Conspiracy brought before them it was material to have it Indictment
not disputable by a Constable or other Ministers but must be obey'd Lamb. Duty of Constable 19 20. VIII Lamb. 2. cap. 2. pag. 118 119. Imprisonm Besides this you may see admitted 13 H. 7. 10. Recogn Br. 14. by the opinion of the Court that if a man in the Night-season haunt a House that is suspected for Bawdry or use suspicious Company then may the Constable Arrest him to find Sureties of his Good abearing Lamb. Duty of Constable 12 13. Kitch 48 b. IX Lamb. 2. cap. 3. pag. 134. Affray If one do make an Affray upon a Justice of the Peace Constable or such other Officer he may not only defend himself but may also apprehend the offender and send him to the Goal till he will find Sureties of the Peace 5 H. 7. 6. Crompt 223. Kitch 48 a. b. X. Lamb. 134. ibid. And the Justice or Constable may if need be Process command assistance of the Kings people for the pacifying of an Affray Dalt 33. cap. 8. Kitch 48 a. b. XI Lamb. 134. ibid. Fresh Suit If he that maketh an Affray do flee into a House when the Justice of Peace or Constable cometh to Arrest him they may also in Fresh Suit break open the doors and take him by Marwood or if he flee thence they may make Fresh Suit and Arrest him though in another County by the opinion of some men 13 Ed. 4. 9. and it should seem by the reason of that Book that in this case also they may break open the doors to apprehend him Lamb. Duty of Constable 15. XII Lamb. 134 135. Escape Now if the Constable do Arrest one that hath hurt another and do wilfully suffer him to escape and then he that was hurt dieth thereof within the year and day the Constable shall make a great Fine and that to the value of his Goods in the opinion of some 11 H. 4. 12. Stamf. 35. Lamb. Duty of Constable 16 22 23. XIII Lamb. Duty of Constable 5. Out of which Office viz. Officer of Constable of England this lower Constableship was at the first drawn and fetcht and is as it were a very Finger of that hand 13 Rich. 2. 2. for the Statute of Winchester 13 Ed. 1. St. 2. cap. 6. § 1. N. 11. by which these lower Constables of Hundreds and Franchises were first ordained doth amongst other things appoint that for the better keeping of the Peace two Constables in every Hundred and Franchise should make the view of Armour and 13 Ed. 1. St. 2. cap. 6. § 1. N. 12. shall present before Justices assigned such defaults as they do see in the Country about Armour and of the Suits of Towns and of Highways and also shall present all such as do lodge Strangers in uplandish Towns for whom they will not answer Dalt 46. cap. 16. infra 54. supra 3. Officer XIV Lamb. Duty of Constable 9. For as about the beginning of the Reign of Ed. 3. Pety-Constables were devised in Towns and Parishes for the aid of the Constables of the Hundred or High-Constables so of later times also Borsholders Tythingmen Headboroughs and such like have been used as Pety-Constables within their own Boroughs and Tythings Dalt 46. cap. 16. infra § 54. 4 Ed. 3. 3. 10. Arrest XV. Lamb. Duty of Constable 12. § 13. Any of these Officers may also Arrest such strange persons as do walk abroad in the Night-season and for that cause 13 Ed. 1. cap. 4. of Winchester did ordain that Night-watches should be kept yearly c. and of these Watches the Officers c. have the charge within the limits or places of their Authorities as the Constable in his Town the Borsholder in his Borough and the High-Constable within all his Hundred and these Officers ought to see these Watches duly set and kept and ought also to cause Hue-and-cry to be raised after such as will not obey the Arrest of such Watchmen Force XVI Lamb. ibid. 13 14. Again if any person whatsoever except the Kings Servants and Ministers in his presence or in executing his Precepts or other Officers or such as shall assist them and except it be upon Hue-and-cry made to keep the Peace c. shall be so bold as to go or ride Armed by night or by day in Fairs Markets or any other places against 2 Ed. 3. 3. § 1. N. 4. then any Constable or any of the said Officers may take such Armour from him for the Kings use and may also commit him to the Goal and therefore it shall be good in this behalf for these Officers to stay and Arrest all such persons as they shall find to carry Dags or Pistols or to be apparelled with Privy-Coats or Doublets as by the Proclamation made 21 Eliz. they are specially commanded 12 Rich. 2. 6. Crompt 223 b. Arrest XVII Lamb. Duty of Constable 14. If any man do threaten to kill another and he which is so threatned do pray any of these Officers to Arrest the other to find Sureties of the Peace then may such an Officer Arrest him to find such Surety before a Justice of the Peace and may also carry him to Prison if he refuse to find it but if he yield to go it shall be good to take the party threatned to the Justice with him supra 5. Crompt 223. Kitch 47 b. 4 Ed. 3. Barre 102. Peace XVIII Lamb. ibid. 15. If a Constable or any other of the said Officers shall see any men going about to break the Peace as by using hot words by which an Affray is like to grow then ought such Officers to command those persons to avoid upon pain of Imprisonment and if they will not depart but shall draw weapon or give any blow then ought he to do his best to depart them and to keep them asunder and he may for that purpose both use his own weapon and may also call others to assist him 3 H. 7. 10. 21 H. 7. 21. Process XIX Lamb. Duty of Constable 17. Any of these Officers may of his own Authority Arrest one that is Indicted of Felony so if the common voice and fame be that A. B. hath done a Felony that is sufficient cause for any of these Officers that shall therefore suspect him to Arrest him for it Dalt 303 352 353. Seisure XX. Lamb. Duty of Constable 17 18. And if any man shall flee upon Felony it is the Office of the Constable of the Town or of any of those other Officers there to seize his Goods and to keep them safely for he is to answer for the loss or impairing of them and therefore it is meet that he do it by Inventory taken in the presence and by the testimony of the honest Neighbours 3 Ed. 3. iter Northumb. 1 R. 3. 3. § 1. N. 4. Dalt 293. cap. 110. Poult de Pace 235. Forfeiture 44. 33. 70. Stamf. 192. XXI Lamb. ibid. 18. I like well of their
Judges of Assize Justices LIII Dalt 46. ibid. Also in such manner as they are to be chosen in the same manner and by the like Authority are they to be removed c. so as if there shall be cause to remove and put an High-Constable from his place it hath not been thought fit that any one or two Justices of Peace should do it upon their discretion but that it should be done by the greater part of the Justices of that Division and that for some just cause or else that it be done at and in the General Sessions of the Peace and so was the direction of Sir John Dodridge at Summer-Assizes at Cambridge Anno 1620. Sheriffs LIV. Dalt 46 47. cap. 16. It appeareth 12 H. 7. 18. pl. that whereas the Sheriffs of the Counties at the first had the Government of their Counties committed to them that afterwards by reason of the multitude of people and for that it was too great a thing for one person viz. the Sheriff to undertake therefore Hundreds were divided and derived out of the Counties and in every Hundred there was ordained a Conservator of the Peace who was called the High-Constable and after Boroughs or Towns were made and within every of them also was ordained a Conservator of the Peace who is called the Pety-Constable and in some places the Borough-head and this was long before the times that Mr. Lambert Constables 9. supra § 14. speaketh of So that it may seem that as well the High-Constables as the Pety-Constables and their Authorities were by the Common-Law and that the old Statutes concerning them are but a recital of the ancient Common-Laws Kitch 47 b. infra § 65. Dalt 3. supra § 5. LV. Dalt 47. ibid. The chusing and swearing of these Pety-Constables is reputed properly to belong to the Court-Leet yet we find it usual and warranted by common experience that every Justice of Peace doth also swear them and upon just cause doth and may also remove them Dalt 363. infra § 62. LVI Dalt 47. ibid. Sheriff But in ancient time both the High-Constables of Hundreds as also the Pety-Constables of every Town were yearly appointed by the Sheriff in the Tourn and were there sworn or received their Oath and it seemeth that they may still be chosen or appointed and sworn in the Sheriffs Tourn as well as in the Leet Crompt 222 b. supra § 3. 13. LVII Dalt 31. cap. 7. Constable Ale c. is not fit to be allowed to be an Alehouse-keeper 12 Ed. 2. 6. York F. N. B. 172. LVIII 4 Jac. 5. § 7. N. 1. All Constables Church-wardens Ale Headboroughs Tythingmen Alecunners and Sidesmen shall in their Oaths be charged to present Tiplers c. LIX Crompt 147. dicitur 38 H. 8. Faux Imprisonment Br. 6. 41. Affray That a man cannot Arrest him that made an Affray after the Affray is passed without a Warrant contrary before the Affray and in time of the Affray Lamb. 131. Dalt 33. cap. 8. LX. Lamb. Preced 24 b. pl. 69. A Warrant or Supersedeas for the removing of a Pety-Constable and for the swearing of another Supersedeas Carolus Secund ' Dei gratia c. Vicecom ' Midd. necnon Capitali Constabulario Villae Hundredi de W. eorum cuilibet salutem Quia W. P. R. S. Sub-constabularii Villae de C. K. certis de causis nos moventibus ab Officio suo amoveri exonerari fecimus Ideo vobis cuilibet vestrum conjunctim divisim precipimus mandamus quod I. F. R. M. ad omnia singula eidem Officio incumbentia bene fideliter exercenda exequenda prout ipsi nobis inde respondere voluerint jurare faciatis dictisque W. P. R. S. similiter injungentes quod ipsi de dicto Officio ulterius exercendo exequendo nullatenus se intromittant quousque aliud de nobis habuerint mandatum quicquid inde feceritis Justiciariis nostris ad pacem nostram in dicto Comitatu conservand ' assignat ' ad proximam Generalem Sessionem pacis apud C. in dicto Comitatu tenendam certificetis hoc preceptum nostrum tunc ibidem remittentes Teste T. M. uno Justiciar ' nostrorum predictorum tali die c. Dalt 362. cap. 121. Boult 1. cap. 72. pag. 319 320. lib. 3. pag. 175. LXI Dalt 363. ibid. Upon such Warrant Oath Quaere who shall give the Oath to the new Constables whether the High-Sheriff or High-Constable that shall execute such Warrant or the Justice of Peace that granted out such Warrant LXII Dalt 363. cap. 121. Leet This Authority of removing Pety-Constables and of chusing and swearing new is reputed properly to belong to the Leet Br. 14. that being one of the ancientest Courts of the Realm and if the new Elect be not present at the Leet to take his Oath accordingly then upon Certificate or notice thereof to any Justice of Peace of that County the Justice doth use to send his Warrant for the party so chosen and to give them their Oath and I have seen some Precedents to such purpose as followeth To our Loving Friend A. B. of W. Yeoman THese are in his Majesties Name to charge and command you to make your repair unto us or to some other Justice of the Peace of this County to take the Oath of a Constable to serve his Majesty within the Town of W. if they were not chosen at the Leet but if they were it s said further According to the choice made of you by the Jury at the last Leet holden in your Town and hereof fail you not Dated c. Boult 1. cap. 72. pag. 329. Justices LXIII Dalt 363. cap. 121. Also in default of the Leet or otherwise where there shall be just cause to remove a Pety-Constable for his insufficiency or any misdemeanour or other cause every Justice of Peace ex officio as it seemeth may remove the old Constables and may chuse and swear new which also we see to be warranted by common experience Oath LXIV Dalt 363 364. ibid. The form of the Oath concerning the Office of a Constable Kilb. Preced 233. YOu shall swear that you will well and truly serve our Sovereign Lord the King in the Office of a Constable 2. You shall see and cause His Majesties Peace to be well and duly kept and preserved according to your power 3. You shall arrest all such persons as in your sight and presence shall ride or go Armed offensively or shall commit or make any Riot Affray or other breach of His Majesties Peace 4. You shall do your best endeavour upon complaint to you made to apprehend all Felons Barretors and Rioters or persons riotously assembled 5. And if any such Offender shall make resistance with force you shall levy Hue-and-cry and shall pursue them until they be taken 6. You shall do your best endeavour that the Watch in and
about your Town be duly kept for the apprehending of Rogues Vagabonds Night-walkers Eves-droppers Scouts such as go armed and the like 7. And that Hue-and-cries be duly raised and pursued according to the Statute of Winchester against Murderers Thieves and other Felons 8. And that the Statutes made for the punishment of Rogues and Vagabonds and other idle persons coming within your Bounds and Limits be duly put in execution 9. You shall have a watchful eye to such persons as shall maintain or keep any common house or place where any unlawful Game is or shall be used as also to such as shall frequent or use such places or shall use or exercise any unlawful Games there or elsewhere contrary to the Statutes 10. At your Assizes Sessions of the Peace or Leet you shall present all and every the Offences done contrary to the Statutes made 1 Jac. 9. 4 Jac. 5. 21 Jac. 7. to restrain the inordinate haunting and tippling in Inns Alehouses and other Victualling-houses and for repressing of Drunkenness 11. You shall there likewise true presentment make of all Bloudsheddings Affrays Out-cries Rescous and other Offences committed or done against the Kings Majesties Peace within your limits 12. And you shall have a care for the maintenance of Archery according to the Statute 13. You shall well and duly execute all Precepts and Warrants to you directed from the Justices of Peace of this County 14. And you shall well and duly according to your knowledge power and ability do and execute all other things belonging to the Office of a Constable so long as you shall continue in this Office So help you God Kitch 47 Boult 1. cap. 72. pag. 320. Peace LXV Kitch 47 b. By the Common-Law before there was any Justices of Peace Constables of every Vill were Conservators of the Peace Br. 2. within their Vills Dalt 3. cap. 1. supra § 5. 46. supra § 54. Lamb. Constables 9. supra § 14. Officer LXVI Kitch 47 b. Constables were ordained for the intents to keep the Peace and also to pursue Felons and to take Surety by Obligation of such persons as they found making Affrays Poor LXVII Kitch 47 b. Constables have power to examine Vagabonds and compel them to find Surety of their Good behaviour and if they cannot to commit them to the next Goal 1 R. 2. 5. Vagabonds Rast 5. Apprentice LXVIII Kitch 48. Constable may arrest Servant Labourer Vagrant unless he hath Letters containing the cause of his Journey and the time of his return under the Kings Seal and may put him in the Stocks until he hath found Sureties to serve 12 R. 2. 3. Vagabonds Rast 7. LXIX Kitch 48. Games Constables have power to commit every one using unlawful Games until the Offender be bound in an Obligation to the King's use that he will not use any unlawful Games 6 H. 8. 2. Archery Rast 2. Crompt 79. LXX Kitch 48. Constables on complaint Sewers may arrest Boatmen and Watermen that take more then is limited for them to take and commit them to ward for their misdemeanours and to make a fine for the same 6 H. 8. 7. Passage Rast 8. LXXI Kitch 48. Poor Constables have power to committ Beggers to the Stocks who offend 22 H. 8. 12. 14 Eliz. 5. Vagabonds Rast 29. LXXII Kitch 48. A Constable was ordained to keep the Peace Bail and may take a Surety of the Peace by Obligation of one if he find him making Affray 10 Ed. 4. 18. Surety Br. 26. LXXIII Kitch 48 b. A Constable cannot take a Recognizance Br. 14. Recogniz to keep the Peace but an Obligation Surety Br. 26. LXXIV Kitch 48 b. Stocks are ordained properly to punish Vagrants and Servants for Wages 10 Ed. 4. 18. Surety Br. 26. see 7 H. 4 17. § N. LXXV 2 3 Ph. Mar. 10. § 4. N. 2. Imprisonm Bailiffs and Constables of Town where any ill Mault shall be made or put to sale shall search and survey all such Mault made within the said Town c. LXXVI Crompt 6 b. § 5. Item The Constables of Hundreds Vills Coron Wapentakes Laths and Tythings were and are Conservators of the Peace by the Common-Law within the Hundreds and their Limits as appears Crompt 222 b. tit Constables 12 H. 7. 17 18. 5 H. 7. 6. 20 Ed. 4. 7. 13 H. 7. 10. Finch Nomot 127. 136. cap. 22. LXXVII Dalt 3 4. cap. 1. Peace The High-Constables of Hundreds are Conservators of the Peace within their several Hundreds and Limits by the Common-Law Crompt 6. § 5. 2. And therefore these High-Constables at their Pety-Sessions Pety-Sessions for any Affray made in disturbance of their Court may imprison the Offenders 11 Co. 43 44. 3. Every Pety-Constable within the limits of their several Towns Peace be Conservators of the Peace at the Common-Law by virtue of their Office Peace Br. 13. 4. There be other Officers of much like Authority to our Constables Officer as the Borsholders in Kent the Third-borough in Warwickshire and the Tythingman and Borough-head or Headborough or chief Pledge in other places 5. But yet the Office of a Constable is distinct and as it seemeth of more and greater authority and respect than these as in 39 Eliz. 4. § 3. N. 3. where the Tythingman or Headborough is to be assisted in the punishment of Rogues with the advice of the Minister and one other of the Parish whereas the Constable alone of himself as well as the Justice of Peace may appoint or cause Rogues to be punished 6. And Mr. Lambert seemeth to hold that these Borsholders Officer Third-boroughs Tythingmen Headboroughs and such other being in a Town or Parish wherein a Constable is those other cannot meddle because Constables be in comparison of them head Officers and that the Tythingmen c. are but as assistants to the Constable in all services of his Office when the Constable is present and in his absence then these other to attend the Service And that there are many other things which the Constables may do and wherewith the Borsholders and the rest cannot meddle at all 7. And yet in Towns where there be no Constables and that the Borsholders Third-boroughs Tythingmen Headborouhhs and such other be there the only Officers for the Peace as also in such cases where the Power or Authority of the Borsholder c. is declared to be equal with the Power of the Constable In all such cases and things their Office and Authority be in a manner all one 1 Jac. 7. 8. And now for that these Pety-Constables be much absent from their houses and homes partly by reason of their Imployments in their Office and partly by reason of their own private occasions especially in our and other like parts of the Land where these Officers are for the most part Husbandmen and so most part of the day in the Fields it would prove very
of the Person to whom the Offence was done 4. The Name and Value of the thing in which the Offence was committed 5. The Manner of the Fact and the Nature of the Offence Treason Murder Felony or Trespas Dalt 402. cap. 131. Exposition XII Lambert 492 493. In an Indictment of Murder murdravit is necessary Crompt 101. § 4. of Burglary must be burglariter c. Crompt 106. § 12. of Rape quod felonice rapuit c. Dalt 403. cap. 131. Acc. S. Stat. XIII Lambert 494 495. And if the Indictment be founded upon a Statute it ought to say contra form ' Statuti in hujusmodi casu editi provisi or when many Statutes do concern one Offence as in the case of Liveries and such like contra form ' diversorum Statutorum without special naming of any and then the best shall be taken for the King Crompt 104. § 49. but an Indictment of a Riot without saying contra formam Statuti c. is not good because Crompt 102. § 18. it is no Riot but by that Statute viz. 13 H. 4. 7. and yet it is not of necessity Dalt 401. cap. 131. that the Statute be verbally rehersed but only that the Offence against the Statute be sufficiently and with full words described Crompt 1. 79. Dyer 363. Again it is not safe to recite the dayes or places of the beginnings Continuances and Prorogations or Dissolutions of the Parliaments lest by mistaking any of them the whole Indictment fall to the ground thereby Dyer 203. Crompt 104. § 51 53. Justices XIV Lambert 4. cap. 5. pag. 496 Generally the Justices of Peace may receive Indictments before themselves of all Causes being either within their Commission or within the Statutes whereof they have to enquire Sheriffs XV. Lambert 496. And they may also receive Indictments taken before the Sheriff in his Turn lawful that is to say so that the Turn be holden within the Month after Easter or within the Month after Michaelmas 31 Ed. 3. 15. § 1. N. 3. that those Indictments or Presentments be indented and sealed between the Sheriff and the Jurors 1 Ed. 3. Stat. 2 cap. 17. § 1. N. 1. and so that they be made by the Oath of twelve men at the least 13 Ed. 1. W. 2 cap. 13. § 1. N. 2. and that these Jurors be of good fame and Legales homines that may dispend yearly 20 s. of Freehold or 26 s. 8 d. of Copyhold 1 Rich. 3 4. § 1. N. 2. and for this purpose the said Statute 1 Ed. 4. 2. § 1. N. 4. binds the Sheriff to certifie the Justices of the Peace at their next Sessions the Indictment found in his turn or Law-day Crompt 105. b. § 67. Poult de Pace 170 171. XVI Lamb. 496. Ibid. Lect. It seemeth also by way of admitting in 27 H. 8. 2. Indictment Br. 1. that the like ought to be done of the Presentments of Felony in any Leet by vertue of 1 Ed. 2. 4. § 1. N. 4. but that is further to be enquired of for I find no better warrant for it see Kitch 8. b. they must be indent within 1 Ed. 3. St. 2 cap. 17. Crompt 106. § 69. XVII Lambert 497. ibid. This is certain Justices that Justices of Peace ought to receive Indictments found in any Leets or Law-days upon the Statute made for the breeding of Horses to which end also the Court-holders of such Leets or Law-days are bound to certifie the same unto them within the space of forty days c. 32 H. 8. 13. § 8. N. 2. XVIII Lamb. 497. Justices Justices of the Peace have none Authority to receive an Indictment of the killing of a man se defendendo saith Stanf. 15. b. 16. a. as he had heard say but enquire further thereof for though it be not Felony as appeareth by the Statute of Gloucester 6 Ed. 1. cap. 9. § 1. N. yet be there other words in their Commission § 9. extending to give them power to hear and determine of such an Offence Crompt 21. § 3. in Coron § 26. XIX Lamb. 497. ibid. Forests But they are not to receive an Indictment for the killing of a Hart purloin'd for the jurisdiction of it belongeth to the Justices of the Forest 21 H. 7. 30. per Fineux XX. Lambert 497. ibid. Records And as it seemeth they may reject an Indictment that findeth any matter of record as Utlary or such like unless it be shewed to the Jurors sub pede sigilli for Jurors are to find matter in deed only and not of record 1 H. 7. 6. 3. H. 7. 1. 10. XXI Lamb. 497. â—bid Sheriffs And so if the Sheriff will offer Indictments of Liveries Ravishment of Women or of Felonies by Statutes or of such other Causes whereof they have no power to enquire in their Turns the Justices of Peace ought to reject them 4 Ed. 4. 31. 18 Ed. 4. 5. 22 Ed. 4. 2â— Stanf. 87. XXII Lambert 498 499. Justices And for that end viz. that the Justices of office may see that Bills be sufficient c. 24 Ed. 3. 74. c It is the manner in some places to command that the Enquest take no Bills but only such as the Justices themselves have first perused howbeit as it is certain that the Enquest may safely do the contrary so long as the Bills do carry good matter and allowable form so I will advise that the Justices shall rather peruse the Bills after that the Evidence shall be thereupon given to the Jury than to put their pens into them before that the Enquest shall be informed taking it to be not only no hinderance at all to the Service but also the most wary and secure way for the Justices themselves to walk for tho 35 H. 6. 14. 12 Ed. 4. 18. it be said if a Bill of Indictment be delivered to a Justice of the Peace at or before the Sessions which he promiseth to read and to deliver to the Jury and so doth accordingly that he shall not be charged for it in a Writ of Conspiracy yet may it be thereupon doubted whether he shall be excused if upon conference had he do busie himself either to draw engross or amend the Bill before it be preferred to the Enquest that shall have it And seeing that the Justices do commonly receive the Bills from the Enquest with their express assent to amend any defect of certainty in the form only and may also award a Ven ' fac ' against the Indictors to amend a Bill upon their first Oath at any time before it be removed 22 Ass Indictment Br. 12. 8 H. 5. 8. Indictment 28 Stanf. 97. a. so that the Business is not a whit impeached by this forbearance there is no cause as I think for the Justices of Peace to anticipate the matter before the right time but rather to leave the first drawing and ingrossing of the Bills to
Justices of Peace may hear and determine as well by Information as by Indictment the Offences Committed against the Statute of Reteyners Liveries Maintenance Imbracery Bow-staves Archery Unlawfull Games Forestallers Regrators Victuallers and Innholders by 33 H. 8. 10 § N. 37 H. 8. 7. Pope XVII The Laws c. 71. c. 86. upon 23 Eliz. 1. § 11. N. 1. The Axis upon which all popular Suits for Recusancy depend See in tit Pope 79. Incontinence see Bastardy Infidels see Religion Incumbent see Encumbent Ecclesiastick persons Ingrossing see Market Overt Innkeeper and Innholder see Hostler Inmates see Hostler Cottages Inquest see Enquest Inrolement Deeds Inrolled Bargain and Sale Records Justice I. LAmbert 196. If any one Justice of the Peace do Joyn with the Clerk of the Peace in taking the Inrolement of an Indenture of Bargain and Sale of Lands Tenements or Hereditaments lying in that County where he is Justice it is sufficient as it seemeth by the words of the Statute 27 H. 8. 16. § 1. N. 2. Fees II. Lambert 365. The Justice or Justices of the Peace that do Joyn with the Clerk of the Peace in taking the Conusans of an Indenture of Bargain and Sale of Land to be Inrolled shall have 12 d. therefore if the Land exceed not in value 40 s. by the year and 2 s. 6 d. if it do exceed that value by 27 H. 8. 16. § 1. N. 4. Lambert 430 431. III. Crompt 59. § 31. It is Extortion in the Clerk of the Peace if he takes above 12 d. for Inrolement of a Bargain and Sale of Land that exceeds not xl s. per Annum or above 2 s. 6. where the Land exceeds the value of xl s. per Annum by 27 H. 8. 16. and in the Justices of Peace that for the Conusance take above the said Summs in the said Cases by the said Statute Lambert 430 431. Crompt 177. b. Intendment Suspition Sugestion Proofe Bastardy I. LAmbert 119. It shall not be amiss at this day to grant Surety of the Good Abearing against him that is suspected to have begotten a Bastard Child Inventory see Ordinary Iron works see Mettle Judgment see Justices Execution Juglers see Games Issues see Enquest Forfeiture Jurisdiction see Justices Jurors see Enquest Justices Jurisdiction Judgment Sessions one Justice two Justices three Justices Courts Commission Records I. LAmbert 1. cap. 4. pag. 20. And then withal viz. during the Imprisonment of Ed. 2. Commission it was ordained by Parliament in the Life time of that Deposed King and in the very first entry of his Sons Reign 1 Ed. 3. 16. That in every Shire of the Realm Good men and Lawfull which were no Maintainers of Evil nor Barretors in the Country should be assigned to keep the Peace which was as much to say that in every Shire the King himself should place special Eyes and Watches over the Common People that should be both willing and wise to foresee and be also enabled with meet Authority to repress all intention of uproar and Force even in the first seed thereof and before that it should grow up to any offer of Danger so that for this cause as I think the Election of simple Conservators or Wardens of the Peace was first taken from the people and translated to the Assignment of the King II. Lambert 1. cap. 5. pag. 26. Patents If the King do grant unto a man to be a Justice of Peace during his Life within a certain Precinct without any other words he shall continue such a Justice during his Life and shall have all that power that a Warden or Conservator of the Peace had and perhaps such power also as is given to a Justice of the Peace by express words in any Statute but he shall not have all that power which is ordinarily given to the Commissioners of the Peace by their Commission Marrow III. Lambert 1. cap. 7. pag. 33 34. Joynder And for the better restraint of the increase of Justices of Peace it was Enacted that no Association should be made to the Justice of Peace after their first Commission 12 R. 2. 10. § 1. N. 7. which Law though it be not to be Abrogated till this day yet was it long since ended by making of New Commissions that had more new Justices thrust into them and truly it seemeth to me that together with the like ambitious desire of Bearing Rule in some the growing Number of the Statute Laws Committed from time to time to the Charge of the Justices of Peace hath been the cause that they also are now again increased to the overflowing of each Shire at this day Dalt 19 20. cap. 5. IV. The Form of the Commission of the Peace for each County is as thus in Middlesex Lambert 1. cap. cap. 8. pag. 35. Midd ' ss Carolus secundus Dei Gratia Angliae Scotiae Franciae Hiberniae Rex Fidei Defensoris c. precharissimo Consanguineo Consiliario nostro Principi Ruperto Comiti Palatino Rheni Duci Cumbriae Constabular ' Castri de Windsor c. predilecto fideli consiliario nostro Heneagio Dom. Finch Dom. Cancellario nostro Angliae Peace c. Salutem 2. sciatis quod assignavimus vos conjunctim divisim quemlibet vestrum Justiciarios nostros ad Pacem nostram in Com' nostro Middlesex conservand ' 3. ac ad ea omnia Ordinationes Statuta pro bono Pacis ac pro conservatione ejusdem Statutes pro quieto regimine gubernatione populi nostri edita in omnibus singulis suis articulis in dicto Comitatu nostro tam infra Libertates quam extra juxta vim formam effectum eorundem custodiend ' custodiri faciend ' Contempt 4. ad omnes contra formam Ordinationum vel Statutorum vel eorum alicujus in Comitatu predicto Delinquentes castigand ' puniend ' prout secundum formam Ordinationum vel Statutorum illorum fuit faciend ' Coron 5. ad omnes illos qui alicui vel aliquibus de populo nostro de corporibus suis vel de incendio domorum suarum minas fecerint ad sufficientem securitatem de pace vel bono gestu suo erga nos populum nostrum inveniend ' coram vobis seu aliquo vestrum venire faciend ' si hujusmodi securitatem inveniri recusaverint tunc eos in Prisonis nostris quouscunque hujusmodi securitatem invenerint salvo custodiri faciend Enquest 6. Assignavimus etiam vos quoslibet duos vel plures vestrum quorum aliquem vestrum vos prefat ' Principem Rupertum Dom. Cancellarium Angliae c. unum esse voluimus Justiciarios nostros ad inquirendum per Sacramentum proborum legalium hominum de Comitatu predicto per quos rei veritas melius sciri poterit de omnibus omnimodis feloniis veneficiis incantationibus sortilegiis Arte Magica transgressionibus forestallariis
2. N. 1. Dalt 21. cap. 6. Pope CXVII Lamb. 358. Two Justices of the Peace the one being of the Quorum may require any person of Eighteen years of Age or above Convict or Indicted for Recusancy for not repairing to Divine Service or which hath not received the Sacrament twice within the year then next past or any unknown person passing through the County confessing or not denying being Examin'd upon Oath him or her self to be a Recusant or that he or she received not the Sacrament other then Noblemen or Noblewomen to take the Oath in this Statute appointed and are to certifie in writing at the next Quarter Sessions the names and place of persons so taking the Oath and to commit refusers to the common Goal without Bail until next Assizes or Quarter Sessions 3 Jac. 4. § 13. N. 2. c. Dalt 87. cap. 36. CXVIII 5 6 Ed. 6. 24. § 2. N. 1. No person to make Felts Apparel Hats or Coverlets but by License by Mayor Recorder Steward and two Justices of Peace of the said City of Norwich or by four of them c. Lambert 359. CXIX 35 H. 8. 11. § 4. N. 1. Provided Wales That two Justices in every County of Wales and Monmouth may Tax Inhabitants for Wages of Citizens and Burgesses of Parliament Lamb. 359. CXX 11 H. 7. 9. § 1. N. 5. None to let Ferm in Tindal and Examshire Peace till Lessee with two Sureties of 40 s. per Annum be bound to the King by Recognizance in 20 li. before two Justices of the Peace of Northumberland Quorum unus to appear on six days notice before them or at any Sessions c. Lamb. 359. CXXI Lamb. 359. Purveyors That two Justices have power on 2 3 Phil. Mar. 15. § N. 13 Eliz. 21. § N. for prohibition of Purveyors within five miles of either of the Universities CXXII Lamb. 359. Two Justices of Peace one of the Quorum Ways have power on 14 H. 8. 6. § N. 26 H. 8. 7. § N. for laying out new High-ways in Kent and Sussex CXXIII Lamb. 359. Two Justices Quorum unus have power for repair of Cardiff Bridge 23 Eliz. 11. § N. CXXIV Lamb. 359. The like for the making of the Bridge of Wilton over Wye in the County of Hereford 39 Eliz. 24. CXXV Lamb. 359. The like for repair of Chepstow Bridge 3 Jac. 23. CXXVI 35 Eliz. 6. § 2. N. 4. Cottages None to Erect new Building for Habitation within three Miles of London except Assess'd to Subsidy at 5 li. Goods or 3 li. Lands or shall be adjudged by the two next Justices of Peace by writing under their Hands and Seals to be fit and able to be Assessed in the Subsidy at that rate c. Lamb. 359. CXXVII Crumpt 199. b. Two Justices of Peace may give License to Fencers Bearwards Common-Players in Enterludes Minstrels Juglers License Pedlers Tinkers and petty Chapmen to go so that they shall not be taken for Rogues 14 Eliz. 5. 39. Eliz. 4. § N. CXXVIII Lamb. 360. Riot Three Justices of the Peace one of them being of the Quorum may discharge out of Prison any Person committed thither for his Offence in not declaring to a Justice within 24 hours that he was moved to joyn in any unlawful Assembly contrary to 1 Mar. 1. St. 3. cap. 12. § 11. N. 1. 1 Eliz. 17. § N. Crumpt b. CXXIX Lamb. 360. Apprentice It is requisite that the Certificate that is to be made to the head Officer of a City or Town Corporate where a Child is to be put Apprentice to a Merchant Mercer Draper Goldsmith Ironmonger Imbroyderer or Clothier that the Father or Mother of such Child may dispend forty Shillings freehold by the year be under the Hands and Seals of three Justices of the Peace where the Lands lye 5 Eliz. 4. § 27. N 2. Crumpt 200. b. CXXX Lamb. 360. 361. Four Justices of Peace of the County Pope Limit or Division where a Recusant is confined according to the Statute of 35 Eliz. 1. § N. With the assent in writing of the Bishop of the Diocess or of the Lieutenant or Deputy Lieutenant of the same County under their hands and Seals may give licence to such Recusant to travail about his necessary business according to the limitation of the same licence the Party licenced first taking his Oath that he hath truly informed them of the Cause of his Journy and that he shall not make any causless stayes 3 Jac. 5. § N. Poor ways CXXXI Lamb. 361. The Bishop and his Chancellor and three such Justices of the Peace have power to examine how mony or other relief appointed by King H. 8. or any other to the use of the Poor or of amending of High-ways or Bridges is bestowed and to call to account the Detainers thereof 14 Eliz. 5. § N. 29 Eliz. 18. § N. Crumpt 200. b. Religion CXXXII Lamb. 361. It seemeth that three such Justices of the Peace 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. § N. but enquire of this matter Dalt 133. 134. cap. 49. Crumpt 124. a. Ways CXXXIII Lamb. 361. 362. Four Justices of the Peace whereof one to be of the Quorum may where a decayed Bridge is and where it cannot be proved who or what Lands be chargeable to the repairing thereof tax the Inhabitants make Collectors and appoint Overseers for the amendment of the same c. 22 H. 8. 5. Crumpt 200. b. 125. Imprisonment CXXXIV Lamb. 362. Six Justices of the Peace may in sundry Shires take order for the common Goals whereof the Sheriff shall have the Custody and to the which Murderers and Felons c. shall be sent and may do and perform divers incidents thereto by the Statutes 23 H. 8. 2. § N. 13 Eliz 25. § N. Crumpt 200. b. 201. a. Sewers CXXXV Lamb. 362. Six Justices of the Peace two of them being of the Quorum may for a whole year after the expiration of any Commission of Sewers execute the Laws of the Commissioners of Sewers unless that a new Commission of Sewers be published within the year 13 Eliz. 9. § N. Dalt 134 cap. 50. Crumpt 201. Wales CXXXVI 34 35 H. 8. 26. § 57. N. 1. The Justices of Peace in Wales or two of them at the least whereof one to be of the Quorum shall and may keep their Sessions within the limits of their Commissions four times in the year and at other times upon urgent Causes as Justices of Peace in England use to do and shall have like Power and
the Clerk of the Peace maketh his Entry accordingly and that Record which they sent up is Insufficient and therefore the Clerk of the Crown was forbidden to receive any such Certificate 12 H. 7. 25. But happily the new words in the reformed Commission of the Peace will now dissolve that Prohibition On the other side If they Certifie an Indictment of Felony not determined in B. R. they ought not without Warrant to Certifie another Record of the Acquittal of that Indictee for the same matter for nothing ought by them to be sent thither without Warrant but that which is Executory and needeth the help of that higher Court 8 Ed. 4. 18. CLXVIII Lamb. 512. Process The Authority of making Process upon Indictments is given by express words in the Commission § And in other Cases where it is not namely given it is implied of Congruous or rather of necessity in the words hear and determine which cannot be performed unless the party either do come in Gratis or be brought in by the power of Process CLXIX Lamb. 513. In as much as the words of the Commission § Utlary Be quousque Capiantur reddant se aut utlagentur it followeth that in all Cases of Indictments if the Party be returned insufficient the Process of utlary lyeth against the Offendor if he be not taken before or do not otherwise offer and yeild himself and then the power of these Justices endeth with the utlary for they can make no Capias Vtlagatum but must certify the utlary in B. R. CLXX Lamb. 520. Process The Power of making Process upon Informations proceedeth from special Statutes and may not therefore vary from their direction although they themselves do vary very greatly one from anoher CLXXI. Lamb. 525. Judgment How far this Discretion of Justices in 17 Ed. 4. 4. § 1. N. 13. of Tile-makers and the word otherwise may be extended in this and such like Cases it cannot well be foretold for it is referred unto them and they must take Counsel ex re and ex tempore for it Proof CLXXII Lamb. 526. This manner of Tryal by Examination is not loosely permitted to the Justices of the Peace but in Cases only where either the Statutes do generally refer the Tryal to their Discretions or else do specially Authorize them to take the Examinations Traverse CLXXIII Lamb. 533. Mr. Brooke noteth 5 H. 7. 3. Traverse per Br. 182. That it is not much used to Traverse Indictments before Justices of Peace but rather to remove them in B. R. and to Traverse them there howbeit common Experience at this day can shew many Traverses before Justices of the Peace also Dalt 407. Cap. 133. And there is no doubt but that as Justices of Peace have power to Award Process and the Parties also have Liberty to speak for themselves so having spoken the Justices may hear and determine of their Speech whether it touch them in Freehold or otherwise Sessions CLXXIV Lamb. 532. The Stile of the Sessions Kanc. ss Alias scilicet ad Generalem Sessionem pacis Comitatus predict ' or tent ' pro Comitat ' predict ' tent ' apud B. in Com' predict ' die Martis proximè ante festum Sancti Mathei Apostoli Anno Regni c. Coram J. S. Milite Vmfrido W. aliis sociis suis Justiciariis Dict' Domini Reg ' ad pacem in J. M. Comitatu predict ' Conservand ' necnon ad diversas Felonias transgressiones alia malefacta in eodem Comitatu perpetrat ' audiend ' terminand ' assignat ' per Sacram duod ' Juratorum presentatum existit c. Lamb. presidents 1. § 1. Coron CLXXV Lamb. 541 542. It seemeth by Marrow and Fitz-Herbert 16. That albeit two Justices of the Peace the one of them being of the Quorum may hear and try Felonies yet no Justices of the Peace have Authority to deliver Felons by Proclamation or without sufficient acquittal nor yet to deliver such as be in Prison for Suspition of Felony Crumpt 122 b. § 5. Process CLXXVI Lamb. 542. And such Persons if they cannot be Indicted must either remain the coming of the Justices of Goal Delivery as the common manner now is or else being removed in B. R. they are either to be delivered thence upon the Writ de Gestu fama as the old Order was or by such other means as they at this day do use therein Dayes CLXXVII Lamb. 543. It hath been thought unmeet that they should Try a Felon the same day in which they Awarded the venire facias against the Jury 22 E. 4. Coron 44. but that hath no necessity and the Law is now otherwise taken Pleadings CLXXVIII Lamb. 544 545. If a man Utlawed of Felony by Process before the Justices of Peace be brought before them and do alledge that he was at the time of the Utlawry pronounced out of the Realm in the Kings Service under such a Captain or that he was then Imprisoned in another County they can neither write to the Captain nor into the County by the opinion of Marrow But by 22 H. 8. 14. § N. 32 H. 8. 3. § N. all manner of Forreign Pleas triable by the Country hereafter to be pleaded by any Person Arraigned upon any Indictment for any Petty-Treason Murder or Felony shall forthwith be Tried before the same Justices before whom such Persons shall be Arraigned and by the same Jurors of the same County that shall Try the said Petty-Treason Murder or Felony without any further respite or delay in whatsoever place of the Realm the matter of the same Pleas be supposed or alledged Tryals CLXXIX Lamb. 545. Thus much only of things restraining the Justices of Peace in the Tryal of Felonies wherein also they are not now adayes much occupied the rather because they commonly defer it till the coming of the Justices of Assize by reason that 1 2 Ph. Mar. 13. § N. 2 3 Ph. Mar. 10. § N. do enjoyn them to Certifie at the next General Goal Delivery both the Examination and Bonds that they shall take concerning Felons and Suspects that are brought before them nevertheless their power is no whit restrained to proceed before the coming of those Justices CLXXX Lamb. 545. This I may add not as a restraint Certificate but for the enlargement of the Authority of Justices of the Peace that if they see cause and do write to the Clerk of the Crown of B. R. for the names of any persons being otherwhere attainted of Felony by Utlary or being Clerks Convicted or Attainted he ought without delay and under the pain of 40 s. to certifie the same unto them together with the Causes of such Attainder or Conviction 34 35 H. 8. 14. § N. CLXXXI Lamb. 561. Judgment He that is orderly Convicted before them in their General Sessions of the deceitful getting of any Goods into his hands by
means of any false Token or counterfeit Letter made in the name of any other may be adjudged by them to suffer imprisonment standing on the Pillory or any other Corporal pain that they shall appoint except the pains of death 33 H. 8. 1. § 2. N. 2. CLXXXII Lamb. 565 566. Where the Conviction is for trespasses against the Peace Execution Riots and such other Contempts and Offences against the Commission or Statutes for the which no certain Fine is appointed there the Judgment is that the prrty shall be taken to satisfie the King for his Fine and thereupon the Capias pro fine if the Party cannot be found other judicial Process goeth out till he be Ut-lawed unless it be in a very few Cases where by the words of the Statutes themselves they may proceed to Assess the Fine in the absences of the parties without calling them to it by any Process for so it standeth in 5 6 Ed. 6. 25. § N. of Ale-houses and 5 Eliz. 13. § N. of High-ways But if the party be brought in then is he a Prisoner and then are the Justices of Peace by their discretion to Assess the Fine and to Estreat it and to deliver him CLXXXIII Lamb. 568. If the offence be Finable by general words only Amerciaments without speaking of any Fine or without shewing by whom the Fine shall be Assessed for so it is commonly in the elder Statutes that do prohibit any thing to be done there the Assessment thereof belongeth to the Justices before whom the Conviction is lawfully had CLXXXIV Lamb. 569. Fines This Fine or Pain Awarded by the discretion of the Justices of Peace shall do the more good both to the Prince in profit to the people in Example and to the Justices themselves in Credit if it be pronounced at the Bench openly as it ought to be and not shuffled up in a Chamber or corner secretly as in some places it hath been used to be CLXXXV Lamb. 570. Process But the mitigation where Fines are certain by Statutes c. in my mind is so void of sound Reason that I cannot recommend it to the Justices of Peace but do rather condemn it as a mockery of the Law yea I find that sundry Statutes fearing belike some such thing have specially prevented it Commanding that Justices of Peace shall Assess no less Fine then is in those Statutes themselves before-hand appointed See Poor 537. Qu. 8. CLXXXVI Lamb. 572 573. Fee◠And hereby viz. by 14 R. 2.11 § 1. N. 3. that gives Fees to Eight Justices levyable by Indenture between Sheriff and them as I think the Estreats of the Justices of the Peace be now an immediate Warrant for the Sheriff to levy not only the Fines and Amerciaments but also all other Issues Penalties Losses Forfeitures and Sums whatsoever arising before them such order is taken 33 H. 8.10 § N. of the six weeks Sessions for the levying as well of Fines and Amerciaments as of Pains Losses and Forfeitures of mony So did 2 3 Phil. Mar. 2. § N. of Tillage by way of admittance reherse That Justices of the Peace may make out Process for the levying of Fines and Forfeitures before themselves So doth 31 Eliz. 7. § N. of Cottages appoint And so are the Estreats made for the most part and the Fines and Forfeitures thereby levyed at this present time if I be not deceived Execution CLXXXVII Lamb. 574. Howbeit I do not think that in our Case this duty of Estreating is so peculiar to the Clerk of the Peace but that the Justices of Peace themselves ought also to have a common and careful Eye unto it for it is both specially provided for in the Commission § 16. And also an Article of their Oath to see unto the faithful Entry and Certificate of the Issues Fines Forfeitures and Amerciaments that do happen before them and therefore it were well done in mine opinion if the Justices would by turns or otherwise both take knowledge of things that have passed before them and also take order that the same be Certified accordingly lest otherwise it lye altogether in the Power of the Clerk of the Peace to save or slay as one said the Sparrow that he holdeth closed in his hand Information CXXXVIII Lamb. 575. Albeit that the Justices of the Peace have this power to make Warrant for levying the Amerciaments Fines or other Forfeits that grow unto the King by their Service yet is it commonly thought that they may not but in some Cases only and that by special speech of the Statutes make Execution either for him that will sue or for any other of such part of the Forfeiture as the Law doth afford them Certiorari CXXXIX Lamb. 581. But in Cases where Justices of the Peace have power to receive Indictments and no power to proceed any further upon them there they ought to send up and certifie the Indictments themselves and that of duty as I think without any Certiorari commanding the same because having no Authority to hear and try the Offences the Records thereof shall be unprofitable before them and therefore they can have no just cause to retain them And yet for the more surety it is specially Commanded by 5 Eliz 1. § 3. N. 2. that they shall certifie the Presentments of some offences against that Statute CXC Lamb. 584 585. The General Sessions of the Peace be those which are provided for the General Execution of the Authority of the Justices of Peace Sessions whether you respect the limits of the place within their Commission or the bounds of power proceeding from the Commission and Statutes for at these Sessions as saith Mr. Fitzherbert generally all things ought to be given in Charge that do lye within the Authority of these Justices to be determined These be moreover called the Quarter Sessions because they be holden Quarterly or four times in the year And the Statute 4 H. 7.12 § 1. N. 4. termed them Principal Sessions for that in them chiefly the power of Justices of the Peace doth shine and shew it self in which respect 27 Eliz. 19. § 2. N. 7. And some other Statutes do give the name of open Sessions also Infra 260. Appointment CXCI. Lamb. 585 586. The manner is in some Shires to Summon yearly 6 standing Sessions of the Peace in others 8 in others 12 or 16 and in others otherwise all which is done chiefly upon pretence to ease the Inhabitants of the County for whom it would otherwise be very painful to travel so often and far from all the parts of the Shire to any one place of the same And therefore such as do maintain six or eight Sessions do use to Summon all the whole Shire to a couple of them and to the residue they call only such parts of the Shire as they do there specially appoint But yet so that upon the reckoning each Corner of the Country
and Skill in his Majesties Ecclesiastical Laws of this Realm now in Force So help you God XVI Kilb. Presidents 2 Edit 239. 24. Constable The Oath of an High-Constable You shall swear That you shall well and truely serve our Soveraign Lord the King in the Office of High Constable of the Hundred of A. 2. You shall see and cause his Majesties Peace to be well and truely kept and preserved according to your Power 3. You shall Arrest all such Persons as in your sight and presence shall Ride or go Armed offensively or shall Commit or make any Riot Affray or other breach of his Majesties Peace 4. You shall do your best endeavour upon Complaint made to apprehend all Felons Barretors Rioters or Persons Riotously assembled and if any such Offenders shall make Resistance with Force you shall levy Hue and Cry and shall persue them until they be taken 5. You shall do your best endeavor that the Watch in and about your Hundred be duely kept for the Apprehending of Rogues Vagabonds Night-walkers Eves-droppers Scouts and other suspected Persons and of such as go Armed and the like 6. And that Hue and Cry be duely raised and persued according to the Statute of Winchester 13 Ed. 1. St. 2. Cap. 1. c. against Murtherers Thieves and other Felons 7. And that the Statutes made for punishment of Rogues and Vagabonds and such other idle Persons as come within your Bounds and Limits be duely put in Execution 8. You shall have a watchful Eye to such Persons as shall maintain or keep any Common house or place where any unlawful Games is or shall be used as also to such as shall frequent or use such places or shall use or Exercise any unlawful Games there or elsewhere contrary to the Statutes 9. At your Assizes Sessions of the Peace or Leet you shall present all and every the Offences done contrary to the Statutes made 1 Jac. 4 Jac. 21 Jac. c. to restrain the Inordinate haunting and Tipling in Inns Ale-houses and other Victualling-houses and for repressing of Drunkenness 10. You shall there likewise true Presentment make of all Blood-sheddings Affrayes Outcries Rescues and other Offences committed or done against the Kings Peace within your Limits 11. You shall once every year during your Office present at the Quarter-Sessions all Popish Recusants within your Liberty and their Children above Nine years old and their Servants scil their Monthly absence from Church 3 Jac. 4. § N. 12. You shall well and truely Execute all Precepts and Warrants to you directed from the Justice of the Peace of this County or higher Officers 13. You shall be aiding to your Neighbours against unlawful purveyances 14. In the time of Hay or Corn Harvest upon request you shall cause all Persons to meet to serve by the day for the Mowing Reaping or getting in of Corn or Hay 15. You shall in Easter Week cause your Parishioners to chuse Surveyors for the mending of the High-wayes in your Parish or Liberty 16. And you shall well and truely according to your knowledge power and ability do and Execute all other things belonging to the Office of Constable so long as you continue in the said Office So help you God Oats see Corn. Obedience see Oath and Pope Obligation see Recognizance Bail Office of the Justice see Justices Officer I. LAmb. 424. Enquiry at Sessions if any Ordinary Arch-deacon Official Sheriff Escheator Coroner Under-Sheriff Bayliff Goaler or other Officer have by colour of his Office or for doing his Office taken a greater or more excessive Reward or Fee then belongeth to him or have taken any Fee or Reward for Expedition in doing his Office or have unlawfully exacted any Oath or other undue thing II. Lamb. 431. Enquiry in Sessions if any Officer have in any Town taken Scavage or Shewage that is to say any thing for the shewing of Ware or Merchandize that be truely accustomed to the King before 19 H. 7. 8. § N. Oyles see Merchants Measures One Justice see Justices Oppression see Fees Omission see Amendment Orchards see Trespass Orders of Sessions see Justices Ordinary Ecclesiastical Persons Clergy I. LAmb. 4. Cap 3. pag. 391. Justices But the Ordinary oweth not his attendance at any Sessions of the Peace as he doth at every Goal Delivery in the opinion of Mr. Marrow Indeed he is not warned by the Common form of Precept and therefore cannot so conveniently take knowledg of the Sessions of the Peace howbeit I think he ought to serve when he shall be called for matter of Clergy II. Lamb. 543. The Justices of Peace may give Clergy to a Felon if the Ordinary or his Deputy be present to take him but if they be absent he must be reprieved because as Marrow saith these Justices can set no Fine upon the Ordinary for his absence no more then if he will accept one to read as a Clerk wherein truth he cannot read at all Clergy Br. 7. but if you look on Stanff 2. Cap. 25. fol. he will perswade you that the Ordinary is not the Judge but a Minister in the Tryal of Clergy and that Clergy may lawfully be given and allowed in his absence So Poult de pace 214. pl. 36. c. III. Lamb. 544. Marrow saith also that if Bigamy that ungodly and Popish Counterplea had been alledged against one that prayed his Clergy the Justices of Peace could not have written to the Ordinary to certifie the same IV. Lamb. 580. And the Clerk of the Peace must also deliver unto the Ordinary a transcript of Clerks Convicted or attainted before the said Justices 34 H. 8. 14. § 2. N. 1 but enquire whether this be needful at this day by reason that Clerks be not now delivered to the Ordinary by 18 Eliz. 7. § N. Poult de Pace 217. pl. 43. Overseers see Poor Ouster le mere see Merchants Pannels see Inquest Pardon I. LAmb. 552. If a General Pardon by Parliament of all Persons make special Exception of some Amerciam then must the Prisoner alledge that he is none of those that be excepted unless the Act it self do say that he shall be holpen by it without any such pleading 11 H. 4. 39. Stanff 103. Crumpt 115. b. § 13. II. Lamb. 552. Touching this sort of Pardon Treason c. the Servant that had killed his Master was Indicted of voluntary Murther without proditoriè and was thereupon Arraigned and found Guilty but because the Offence was Pety Treason indeed and Pety Treason was then Pardoned by Parliament 5 Eliz. tho Murder was therein excepted Justice Welsh thought it meet to reprieve the Prisoner without giving Judgment upon him Dyer 235. pl. Crumpt 115. § 9. Relation III. Lamb. 552. A man stroke another in February 13 Eliz. whereof he died in June next following in which mean while all Felonies Offences Injuries and Misdemeanors were pardoned by Parliament and he was discharged by that Pardon because the stroke was the
by the discretion of the said Governors or Bailiffs and thereupon to be sent again unto his service and so to be served as often as he shall be apprehended and Convicted in form aforesaid CV 27 H. 8. 25. 26. § 7. N. 3. And if any person or persons Proces refuse to Execute and to do the said punishment at the Commandment of any of the said Governors Aldermen Justices of Peace and others the said Officers and Ministers then he or they so refusing the same shall be set in the stocks by the space of two days without having of any other sustenance saving only bred and water CVI. 27 H. 8. 25. 26. § 8. N. 1. Item It is also enacted Search c. that all and every the aforesaid Mayors Governors Aldermen and every the Justices of the Peace as well within liberties as without shall once in every month or oftner if need shall require command a Privy or secret search to be made within every City and Ward Town Hundred Parish and Hamlet of this Realm in such time of the night and day as they shall think convenient to the intent that all Rufflers sturdy Vagabonds and valiant Beggers and other suspect persons may be by such means apprehended taken and ordered according to the purport and meaning of this present act and otherwise to be used according to the Laws of this Realm CVII 27 H. 8. 25. 26. § 8. N. 2. Proces And that all and every person and persons obey aid assist and maintain from time to time all and every the Commandments of the said Justices of Peace and other head Officers aforesaid for and concerning the making of all the said searches and the apprehending of all and every the suspect persons aforesaid upon pain to make fine for not doing of the same at the next quarter Sessions as it shall be thought by the discretion of the Mayor Governors Aldermen and Justices of the Peace Games CVIII 27 H. 8. 25. 26. § 9. N. 1. Item It is Enacted c. that no person c. at any time after the Feast of Saint John Baptist next coming shall use keep and maintain any open Playing-House or place of Common Bowling Dicing Carding Closh Tennis or other unlawful Games taking mony for the same or other gain in any place of this Realm upon pain to forfeit five Marks for every Month that any such unlawful Houses or Games shall so be openly kept used and maintained in any Place within this Realm be it within liberties or without any grant heretofore made to any person c. in any wise notwithstanding Encumbant CIX 27 H. 8. 25. 26. § 10. N. 1. Item It is Enacted c. that every Preacher Parson Vicar Curate of this Realm as well in all and every their Sermons Collections Biddings of the beads as in time of all Confessions and at the making of the Wills or Testaments of any Persons at all times of the year shall exhort move stir and provoke people to be liberal and bountiful to extend their good and Charitable Alms and Contributions from time to time for and towards the comfort and relief of the said Poor Impotent Decrepit Indigent and needy people as for the setting and keeping to continual work and labor of the aforesaid Rufflers sturdy Vagabonds and valiant Beggers in every City Ward Town Hundred and Parish of this Realm as well within liberties as without Pain CX 27 H. 8. 25. 26. § 11. N. 1. Item It is Enacted c. that if any of the aforesaid Rufflers sturdy Vagabonds and valiant Beggers after such time as they have been once apprehended taken whipped and sent unto any City Ward Town Hundred or Parish by any Justices of Peace Mayor Constable Bayliffs or any other the Kings Officers and Ministers happen to wander loyter or idly to use themselves and play the Vagabonds and willingly absent themselves from such labor and occupation as he or they shall be appointed unto within any City Ward Town Hamlet Hundred or Parish whereunto he or they have been appointed in manner and form aforesaid that then he or they being Eftsoons apprehended and taken of suspitions of Idleness in any privy searches aforesaid or otherwise shall be brought before the next Justice of Peace And upon due Examinations and proof of the continuance of his said loytering wandering in idleness or Vagaboncy shall be Eftsoons not only whipped again and sent into the City Ward Town Hundred or Parish whereunto he was first appointed but also shall have the upper part of the Grislle of his right Ear clean cut off so as it may appear for a perpetual token after that time that he hath been a contemner of the good order of the Common-wealth Constable CXI 27 H. 8. 25. 26 § 11. N. 2. And that every Constable of the Parish with the assistance of the most substantial of every such Parish where any such Ruffler or Vagabond shall happen thus to be taken shall do or cause to be done this present Execution as well in whipping as in cutting off the said upper Grisle of the Ear of every such Ruffler or sturdy Vagabond or valiant Begger upon pain to lose and forfeit five Marks for every time that he shall refuse to do or cause to be done the same Execution And all and singular the Inhabitants of the said City Ward Town Hundred or Parish shall assist and aid the said Constables in Execution of the premisses to the best of their Power with Good diligence and without contradiction upon the pain aforesaid CXII 27 H. 8. 25. 26. § 12. N. 1. Item It is further Enacted Imprisonment c. That if any Ruffler or sturdy Vagabond or valiant Begger not having the upper part of the right Ear and being cut off as is aforesaid happen to be apprehended and taken in or at any privy search as aforesaid at any other time wandring in Idleness in or without any City Ward Town Parish or Hamlet within this Realm whereunto he or they have been assigned and duely proved before any Justice of Peace that he or they haunt Idleness and hath not applied nor doth not apply such labors as he or they have been assigned unto or be not in service with any Master that then he or they so taken marked and having the upper part of the right Ear cut off as is aforesaid shall be by any of the said Justices of Peace sent unto the next Goal there to remain without Bail or Mainprise until the next Quarter Sessions and there to be Indicted of wandring loytering and idleness and shall be arraigned of the same and if he or they shall happen to be found Guilty by Verdict Confession or otherwise of for and upon the same continual loytering and idleness then every such sturdy Vagabond and valiant Begger so found Guilty and Condemned shall have Judgment to suffer pain and Execution of death as a Felon and as Enemies of
Statutes of this Relam have not been put in due Execution and partly also by reason of the multitude of the same the extremity of some whereof have been occasion that they have not been put in ure 5 Eliz. 3. § 1. N. 6. CXCVI. 3 4 Ed. 6. 16. § 1. N. 2. Therefore and for divers good considerations it is Enacted c. that the Statute Villenage c. viz. 1 Ed. 6. 3. § 2. N. 3. concerning idle persons and Vagabonds in certain cases to be made Slaves c. and all and every Article matter proviso branch and sentence therein contained shall be from henceforth utterly repealed made frustrate void and of none effect 21 Jac. 28. § 11. N. 28. 69. CXCVII 3 4 Ed. 6. 16. § 2. N. 1. And that the Statute Continuance c. viz. 22 H. 8. 12. And every matter article proviso branch and sentence therein contained to be from henceforth revived made good and stand in full strength and vertue and shall continue and remain a perfect Act of Parliament for ever CXCVIII. 3 4 Ed. 6. 16. § 3. N. 1. And be it therefore Enacted Justices c. that all Justices of Peace and every of them within the limits of their Commission and the Mayors Sheriffs Bailiffs and other Officers within their several rules and offices shall within their several limits assemble together and make their several division according to the purport and effect of this Act at the next general Quarter Sessions of the Peace to be holden after the Feast of Easter next to come for the due speedy and diligent Execution of the same Act viz. 22 H. 8. 12. CXCIX 3 4 Ed. 6. 16. § 3. N. 2. And that if any such aged or impotent person after the Feast of Easter next to come Ability shall offend contrary to this Estatute that then the said offender shall be used and punished as in the same Estatute c. viz. 22. H. 8. 12. § N. is provided CC. 3 4 Ed. 6. 16. § 3. N. 3. And that before the Feast of Easter Pain no punishment shall be put in Execution against any such Impotent Lame and Aged person but only by the discretion of the next Justice of Peace of the same Shire where such offender shall be apprehended any thing in said Act viz. 22 H. 8. 12. to the contrary notwithstanding CCI. 3 4 Ed. 6. 16. § 4. N. 2. Be it Enacted Husbandry c. that such common laborers viz. in Husbandry being persons able in body using loytering and refusing to work for such reasonable wages as is most commonly given in the parts where such persons shall dwell shall be for every such times as he or they refuse to labor having reasonable wages as is aforesaid adjudged Vagabonds and shall be punished as strong and mighty Vagabonds in such manner and form as is declared in the said Act viz. 22 H. 8. 12. § N. Cottages CCII. 3 4 Ed. 6. 16. § 4. N. 4. Be it Enacted c. that all and singular Mayors Sheriffs Bailiffs Constables or other Head-Officers of any City Town or Village to which such resort is or shall be shall before the Feast of the Purification of our Lady next following see all such Idle Impotent Maihmed and Aged persons who otherwise cannot by their discretions be taken for Vagabonds which were born within the said City Town or Village or have been there most conversant and abiding by the space of three years and now decayed bestowed and provided for of the Tenantries Cottages or other convenient Houses to be Lodged in at the costs and charges of the said Cities Towns and Boroughs and Villages there to be relieved and cured by devotion of Good people of the said City Borough Town or Village 1 Ed. 6. 3. § 13. N. 2. Continuance CCIII 3 4 Ed. 6. 16. § 9. N. 1. And be it further Enacted c. that all and every Statute and Act of Parliament made for punishment of Vagabonds Slaves Aged and Impotent persons or any of them and every Article Sentence Clause or Proviso therein contained other than this pre-present Act and Statute made and the said Act c. viz. 22 H. 8. 12. shall be from henceforth utterly void repealed and of no effect or force Records CCIV. 3 4 Ed. 6. 16. § 11. N. 2. And the said Judgment viz. 1 Ed. 6. 3. § 7. N. 3. 4. shall be entred by the Clerk of the Peace in the said Sessions in form following Memorandum that at the Sessions of the Peace holden at or on the day c. one J. B. of the Town of J. had delivered to him according to the form of the Statute in that case provided B. D. esteemed to be of the age of seaven or eight years to be ordered according to the form of the said Statute Infant CCV 3 4 Ed. 6. 16. § 12. N. 1. And if it shall fortune such Child so adjudged to run away at any time once or more times from his or her Master or Mistres that then it shall be lawful for every such Master or Mistres to take the said Child again and to keep and punish the said Child in the Stocks or otherwise by discretion or otherwise at the liberty of such Master or Mistres to have a Warrant from any Justice of Peace in the same Shire where the Child so runs away for such Child running away or going away as is provided by the Statute of Laborers viz. 12 Ric. 2. 3. for such Servants as depart away from their Master or Mistres without a reasonable cause before the end of their terme 1 Ed. 6. 3. § 7. N. 5. Justices CCVI. 3 4 Ed. 6. 16. § 13. N. 1. And that every Justice of Peace shall by force of this Act have Authority and power to make such warrant against every such person so going and runing away in like form as they or any of them may do against any Servant departing out of his Masters service without License or reasonable cause and by force of the same Warrant the Child so running or going away to be taken and ordered in every degree as is provided by the said Statute c. viz. 12 Ric. 2. 3. as is aforesaid Apprentice CCVII. 3 4 Ed. 6. 16. § 14. N. 1. And be it further Enacted c. that if and as often as it shall chance the Father Mother Nource or other bearer about of the Child or any other person or persons to steal or intice away any such Child adjudged for a Servant as is aforesaid that then and so often it shall be Lawful for the Master or Mistres of the same Child to be at his or their liberty to take an action upon the Statute of laborers viz. 12 Ric. 2. 3. against every such person so stealing or Inticing away such Child as he or they might have by reason of the said
allowed Account CCCXXXI 14 Eliz. 5. § 18. N. 1. And further be it Enacted that the said Collectors and every of them so to be chosen as is aforesaid shall make their just account half yearly of their said Collecting and gathering to two Justices of the Peace dwelling next to the said abiding place or places not being within any City Borough or Town-Corporate or to the Mayor Sheriffs or other Chief-Officers of the said Cities Boroughs or Towns-Corporate CCCXXXII 14 Eliz. 5. § 18. N. 3. And when they go out of their Offices Account they shall deliver or cause to be delivered forthwith upon their accounts all such surplusages of their Collection and gathering as shall then remain undistributed to be ordered by the said Justices Mayors Bailiffs or other Head-Officers upon the said pain of 10 l. CCCXXXIII 14 Eliz. 5. § 18. N. 4. If any such Collector shall refuse to make his said account Imprisonment or neglect the same by the space of fourteen days after request to him therefore made then the said two Justices or one of them to commit the said Collector to the next Goal for the said County there to remain without Bail or mainprise till he have made his said account and immediate payment and delivery of all such surplusages as he hath received CCCXXXIV 14 Eliz. 5. § 19. N. 1. And be it further Enacted Taxes that if any person or persons being able to further this Charitable work will obstinately refuse to give towards the help and relief of the said Poor people or do wilfully discourage others from so charitable a deed the said obstinate person or wilful discourager shall presently be brought before two Justices of the Peace whereof one to be of the Quorum of the same County to show the cause of his obstinate refusal or wilfull discouragment and to abide such order therein as the said Justices shall appoint if he refuse so to do then to be committed to the next Goal for the said Shire there to remain until he be contented with their said order and do perform the same CCCXXXV 14 Eliz. 5. § 20. N. 1. And it is also further Enacted that if any of the said aged and impotent persons not being so diseased Laborers lame or impotent but that they may work in some manner of work shall be by the Overseers of the said abiding place appointed to work if they refuse then in form aforesaid to be whipped and stocked for their first refusal and for their second refusal to be punished as in case of Vagaboncy in the first degree of punishment CCCXXXVI 14 Eliz. 5. § 21. N. 1. Provided always and be it further Enacted c. that three Justices of the Peace Justices whereof one to be of the Quorum of and with the surplusages of the said Collections and forfeitures the said Poor and Impotent people satisfied and provided for shall by their discretions in such convenient place and places within their said Shires as they shall think meet place and settle to work the Rogues and Vagabonds that shall be disposed to work born within their said Counties or there abiding for the most part within the said three years there to be holden to work by the oversight of the said Overseers to get their livings and to live and to be sustained only upon their labor and travail CCCXXXVII 14 Eliz. 5. § 22. N. 1. Be it also further Enacted Apprentice c. that if any Beggers Child being above the age of five years and under fourteen years being Male or Female shall be liked of by any Subject of this Realm of honest calling who shall be willing to take the said Child into service the said Subject shall at the next General Sessions to be holden for the said County by order of the Justices there or the most part of them have the said Child bound with him if it be a Man Child till the age of twenty four years if it be a Woman Child till the age of eighteen years CCCXXXVIII 14 Eliz. 5. § 22. N. 2. If the Child do after depart or be taken or be enticed from the said Master or Mistres Infant to have their remedy by order of laborers viz. 23 Ed. 3. 2. either by way of Action or otherwise as well against the Child as against the taker or inticer thereof Forfeiture CCCXXXIX 14 Eliz. 5. § 23. N 1. Be it also enacted c. that all the forfeitures appointed or to grow by this Statute except the forfeitures of Justices of Peace shall wholly go and be imployed to the use of the Poor aforesaid and shall be levyed by distress by the discretion of the Justices of the same County or two of them or other Head-Officers aforesaid Justices CCCXL 14 Eliz. 5. § 23. N. 3. And that the Justices of Peace in all Shires of England shall in their Quarter Sessions next after Easter yearly Examine the performance or not performance of this Statute according to the tenor thereof as they are bound to do the Statute of Laborers viz. 23 Ed. 3. c. And at their said Sessions shall yearly appoint new Collectors and new Overseers for the causes aforesaid and shall then also agree upon new views and searches of the said Impotent people within every their limits for the year following if need shall be and further at their said Sessions shall take order by their good discretions for all and every thing and things that may in any ways further the intent of this Act. Justices CCCXLI 14 Eliz. 5. § 24. N. 1. And be it further Enacted c. that three Justices of Peace within all the Shires of this Realm whereof one to be of the Quorum shall have full power by Authority of this present Parliament to hear and determine all causes except forfeitures of Justices of Peace that shall come in question by reason of this present Act. Alms. CCCXLII 14 Eliz. 5. § 25. N. 1. Provided also that forasmuch as it is thought that the Inhabitants of divers Counties Cities and Towns within this Realm be not able to relieve the Poor Lame and Impotent persons with mony to be Collected in manner and form aforesaid and that it were overgreat a burthen to the Collector for to gather Meat Drink Corn or other things for their relief to be imployed and bestowed in form aforesaid Licence CCCXLIII 14 Eliz. 5. § 25. N. 2. Therefore it is further Enacted that it shall be lawful to and for the Justices of Peace in their open Sessions of the Peace or for the most part of them there assembled within any the Counties Cities or Towns of this Realm where Collections of mony cannot presently be had as this present Act willeth and appointeth to grant Licence under their Hands and Seals to such and so many of the said Poor and Impotent or diseased persons or to any other person or persons to be by the
the Indictment on 27 Eliz. 2. § 3. N. 1. that he was made a Jesuit or Priest c. by Authority Challenged or pretended from the See of Rome But it need not be shewed where he was made a Jesuit or Priest c. whither beyond the Sea or within the Realm for wheresoever it was it is within this Law if he were made so by the pretended Authority of the See of Rome Popham 94. Southwells Case XXXIX The Laws c. 102 103 104. Abr. 96. Process This Statute 29 Eliz. 6. § 3. N. 1. meddles not with any other way of Conviction than at the Queens suit by Indictment as hath been said and so is the Conviction here mentioned to be understood for this Statute is not Introductory of a new Law nor gave the Queen any new or other remedy than what she had against the Recusant by 23 Eliz. 1. § 5. N. 1. that is by Indictment but only gave her a more speedy way of proceeding upon that fundamental remedy 11 Co. 60. and 1 Rol. 93. Dr. Fosters Case So that a Conviction upon an Information against the Recusant upon 23 Eliz. 1. § 11. N. 1. or any other way save by Indictment doth not appropriate the penalty of twenty pound per month to the King for the time to come by force of 29 Eliz. 6. § 3. N. 1. Infra 165. abr 72. Hob. 205. Pie and Lovel Nor for the same person by force of 3 Jac. 4. § 8. N. 1. where the same words are used and a Conviction by Indictment only intended as here XL. The Laws c. 107. 108. Abr. 103. Process If the same be taken at any Assize or Goal delivery 29 Eliz. 6. § 5 N. 6. for if the Indictment had been taken before Justices of Peace no Proclamation thereupon could have been made upon this Statute by the Justices of Assize or Goal-delivery as was resolved in the Case of Sir Edward Plowden And therefore upon such an Indictment for Recusancy taken before Justices of Peace the Court was to remove the Indictment in B. R. and there process might have been made out against the Recusant and he Convicted for the Justices of Peace could do no more than Indict all other proceedings being taken away from them by this Statute 29 Eliz. 6. § 2. N. 2. 11 Co. 63. and 1 Rol. 94. but now by 3 Jac. 4. § 7. N. 1. the Law is altered in this point and the Justices of Peace upon Indictments taken before them may proceed to Proclaime and Convict the Recusant as well as Justices of Assize and goal-delivery Abr. 95. N. 2. XLI The Laws c. 114. Abr. 108. Wingate Crown 70. saith Religion that if any person above sixteen years of age obstinately refuseth to come to Church for a month or impugnes the Queens Authority in Causes Ecclesiastical he shall be Committed to prison 35 Eliz. 1. § 1. N. 2. which is a great mistake for no man shall be punished by this Act for either of those Causes only the not coming to Church being only a precedent qualification required in the person whom the act makes lyable to the penalties thereof for the other offences therein mentioned Crompton 53. b. 2. And therefore if a man never comes to Church yet he is no offender within 35 Eliz. 1. § 1. N. 2. unless he advisedly or purposely move or perswade another to deny or Impugne the Kings Authority in Causes Ecclesiastical or to that end or purpose advisedly and maliciously move or perswade some other to forbear to come to Church or receive the Communion or to be present at Conventicles c. or if he himself be present at such Conventicles c. 3. And on the other hand if a man move or perswade any other to deny or Impugne the Kings Authority in Causes Ecclesiastical or to forbear to come to Church or receive the Communion or to be present at Conventicles c. Or if he himself be present at any Conventicles c. yet he is no offender within 35 Eliz. 1. § 1. N. 2. if he goeth to Church once within the compass of a month 4. So that the party must both forbear to come to Church and be guilty of some other offences here enumerated or he is not punishable by 35 Eliz. 1. § 1. N. 2. and as for the denying or Impugning the Kings Authority in Causes Ecclesiastical it s no offence within this Statute unless the party moves or perswades others so to do and not then neither unless he hath been absent from Church by the space of a month XLII The Laws c. 114. 115. Abr. 109. Vnder colour or pretence of any exercise of Religion 35 Eliz. 1. § 1. N. 3. Altho this Act is commonly called the Act against Sectaries as distinguished from those of the Romish profession yet in truth it extends to all Recusants whatsoever as well Popish as other except 35 Eliz. 1. § 2. N. 1. in the point of abjuration for Popish service is performed under Colour or pretence of Exercise of Religion and the assembly or meeting of Popish Recusants under such colour or pretence is an assembly or meeting contrary to the Laws and Statutes and they as well as others may be Indicted upon this Statute if they forbear to come to Church for the space of a month and be present at any part of the Popish service or move or perswade ut supra And may be Imprisoned without Bail until they conform and make submission as by 35 Eliz. 1. § 4. N. 1. is appointed but they cannot be required to abjure unless they offend aganst 35 Eliz. 2. § 8. N. 2. 2. A Popish Recusant is likewise subject to an Action of debt c. given to the Queen by this Statute 35 Eliz. 1. § 10. N. 2. Process XLIII The Laws c. 115. Abr. 110. Being thereof lawfully Convicted 35 Eliz. 1. § 1. N. 5. that is Convicted both of his absence from Church and of that other offence which makes him punishable by this Act viz. going to Conventicles or moving or perswading c. for his absence from Church for a month must be laid down precisely in the Indictment for without that the other is no offence within this Act. 2. And t is not necessary that the party be Convicted of such absence upon any prior Indictment for altho there was never any former Conviction of him for Recusancy yet if he offend against this Act 35 Eliz. 1. § 1. N. 5. in any of the other particulars he may be Convicted both of that offence and of his absence upon one and the same Indictment and so was the Indictment Mich. 16. Car. 1. in the Case of Lee and others 1 Cro. 593. pl. who were Indicted upon this Statute at the Sessions of the Peace in Essex for absenting themselves for a month from Church and resorting to Conventicles to which they pleaded not guilty and the Indictment was removed in B. R. to
Additions to Dalton cap. 81. Sect 7. 'T is said that no married Woman is punishable by this Statute 35 Elizabeth but are thereout excepted whereas in truth they are no where excepted throughout this Statute save only that they shall not be compelled or bound to abjure 35 Eliz. § 12. N. 1. For if a married Woman comes not to Church but forbears for a month and goes to Conventicles or any other Meetings or Assemblies under colour or pretence of the Exercise of Religion contrary to Law whether they be Popish or other or perswades others so to do or to forbear the Church or to impugne the Kings Authority in Causes Ecclesiastical she shall be imprisoned by force of this Act 35 Eliz. 1. § 1. N. 5. until she conform and submits her self but she cannot be further proceeded against so as to require her to abjure A Married Woman by this Act 35 Eliz. 1. § 10. N. 2. with her Husband is likewise punishable for her Recusancy by action of Debt c. brought against her and her Husband at the Kings Suit so that 't is a great mistake to say she is not punishable by this Statute Days XLIX The Laws c. 125. 126. Abr. 124. Note that this Act 35 Eliz 1. § 13. N. 4. being at first but temporary was afterwards discontinued Hutton 61 62. But is since revived by 3 Car. 14. 5. § 21. N. 1. and declared to be in Esse 16 Car. 2. 4. § 1. N. 1. 2. And in such Case it hath been questioned if a Statute be discontinued and afterwards revived how an Indictment thereupon shall conclude Parliament whither contra formam Statuti or Statutorum For if a Statute be temporary and afterwards continued for a longer time or made perpetual and never discontinued there without doubt it shall be contra formam Statuti But it hath been held by some that where it was once discontinued and then revived there it is as if there were two several and distinct Statutes and the Indictment shall conclude contra formam Statutorum 9 Eliz. Palmers Case But others have held the contrary and that there is not any difference in the Case of a Statute at first temporary and afterwards before any discontinuance continued for a longer time or made perpetual and a Statute discontinued and then revived but that it shall in both Cases be held but as one Statute and that the Conclusion shall be contra formam Statuti and not Statutorum unless where the Act of reviver makes any addition to the former Act or increaseth the penalty or forfeiture for then there is no doubt but they are two distinct Acts of Parliament and according to this latter opinion hath the practice been in Informations upon 5 Eliz. 9. of Perjury which determined 14 Eliz. and was revived 29 Eliz. 5. § 2. N. 3. and yet all Informations thereupon conclude contra formam Statuti And so as it seems ought all Indictments upon this Statute of 35 Eliz. 1. § 13. N. 4 notwithstanding its discontinuance and reviver Owen 135. Wests Case 2 Cro. 170. pl 9 Yelvert 116. pl. 165. and 3 Cro. 750. L. The Laws c. 137. Abr. 133. Days Within three months next after such person shall be apprehended or taken 35 Eliz. 2. § 8. N. 3. Wingate Crown 80. clearly mistakes the meaning for he saith that a Popish Recusant whose Estate is under value must make the submission prescribed by this Act within three months next after his arrival at his place of abode which is a complicated Error for he quite leaves out him who is to repair to the place where he was born or his Father or Mother dwells he makes the party lyable to such submission before he becomes an offender by not repairing or not presenting himself and giving in his true name or Travelling above five Miles He speaks nothing of his being apprehended whereas by the Act he cannot be required to abjure untill three months after his apprehension and he turns the three months after his apprehension into three months after his arrival all great mistakes and fit to be taken notice of by Justices of Peace whose part it is to require the submission and abjuration that they may not be misled in the Execution of this part of their office by trusting to that abridgment LI. The Laws c. 138. Abr. 134. Being thereunto required by the Bishop c. 35 Eliz. 2. § 8. N. 3. If the offender be not before the end of the three months next after his apprehension required by the Bishop a Justice of Peace or the Minister or Curate to make such submission he cannot be required afterwards nor be compelled to abjure by force of this Act but if he be required within the three months to make submission and refuse he may be at any time afterwards warned or required to abjure LII The Laws c. 138 139. Abr. 135. Exile The Oath of abjuration 35 Eliz. 2. § 8. N. 4. may be in this form or to this effect You shall Swear that you shall depart out of this Realm of England and out of all other the Kings Majesties Dominions and that you shall not return hither or come again into any of his Majesties Dominions but by the Licence of our said Soveraign Lord the King or of his Heirs So help you God 3 Inst â—17 Stamford 119 120. Wilkinson 66. hath set down another form c. resembling that of a Felon c. vet Magna Chart. 167. b. 168. This hear you Sir Coroner that I J. M. of H. in the County of S. am a Popish Recusant and in the contempt of the Laws and Statutes of this Realm of England I have and do refuse to come to hear Divine Service there read and exercised I do therefore according to the intent and meaning of 35 Eliz. 2. § 8. N. 4. c. abjure the Land and Realm of King Charles now King of England Scotland France and Ireland and I shall hast me towards the Port of P. which you have given and assigned to me and that I shall not go out of the high-way leading thither nor return back again c. If I do I will that I be taken as a Felon of our said Lord the King and that at P. I will diligently seek for passage and I will tary there but one Flood and Ebb If I can have passage and unless I can have it in such space I will go every day into the Sea up to my knees assaying to pass over So God me help and his holy Judgment But in alluding to the old Oath for Felony c. Wilkinson is mistaken in the very Offence for which the Popish Recusant is to abjure by force of 35 Eliz. 2. § 8. N. 4. For the Offence is not his Refusal to hear Divine Service for that is but one of the precedent qualifications of the person but the offence it self is of another nature viz. his not repairing to
their Sessions are bound to take notice of this tender and refusal And after they have there made the Party a second tender of the Oath Indictment and he refuseth it by which he incurs a Praemunire the Indictment against him to Convict and Attaint him of Praemunire must contain all the special Matter viz. That he stood Convicted or Indicted of Recusancy or that he had not received the Sacrament twice within the year next before or that passing through the Country and unknown being examined upon Oath he confessed or denied not c. as the Case is and that the Oath was tendred to him by the Bishop or two Justices of Peace Quorum unus c. and he refused it And that it was again tendred to him in open Court and he again refused it For in this Case the Mittimus is the ground upon which he must be proceeded against at the Assizes or Sessions But if the first tender and refusal be not expressed in the Mittimus or Warrant of Commitment there although there was a tender and refusal of the Oath before the Bishop or two Justices yet the Justices of Assize or Justices of Peace in their Sessions can take no notice of it but they must there tender him the Oath without reference to any prior tender which they may do by force of the General words any other person whatsoever 3 Jac. 4. § 14. N. 3. And if he refuse he incurs a Praemunire and in this Case the Indictment may be short and general scil That he was tendred the Oath in open Court and refused it c. And so it must be in all Cases where in truth there was never any prior tender and refusal 12 Co. 131 132. See 7 Jac. 6. § 26. N. 2. Whereby the power of the Justices of Peace is in some particular Cases enlarged in reference to this Oath of Allegiance Infrà Oath LXVII The Laws c. 179. Abr. 186. Vnto which Oath to take the said Person shall subscribe his or her Name or Mark 3 Jac. 4. § 15. N. 6. If a man refuse to take any word of this Oath 't is a refusal of the whole 1 Bulstr. 198. Lord Vauxes Case Proof LXVIII The Laws c. 190. Abr. 199. To the satisfaction of the said Justice of Peace 3 Jac. 4. § 27. N. 2. In this Case the Justice of Peace is sole Judge whether the Excuse the Party makes for his Absence be sufficient and sufficiently proved and the same cannot be brought into question elsewhere by the Party Justices LXIX The Laws c. 196. 197. Abr. 211. Where any Bishop or Justices of the Peace 3 Jac. 4. § 41. N. 1. The Justices of Peace have a twofold power given them by this Act in reference to the Oath of Allegiance 1. Out of Sessions and so any two Justices of Peace Quorum unus c. may tender the Oath to any Person by 3 Jac. 4. § 13. N. 2. Eighteen years old or above other than Noble men or Noble women 2. In their General or Quarter-Sessions and there they may by 3 Jac. 4. § 14. N. 2. 3. They may tender the Oath to any such Person who hath before refused it or to any Person whatsoever of or above that Age other than Noble men or Noble women Now whether the six Privy Counsellors here mentioned 3 Jac. 4. § 41. N. 1. may require the Oath of Noble men and Noble women in all Cases where the Justices of Peace may require the same of any Subject either in or out of Sessions Or only in such Cases where they may require it out of Sessions seems to be a Question For if the Power here given 3 Jac. 4. § 41. N. 1. to the six Privy Counsellors be the same with that of the Justices of Peace in their Sessions they may by force of this Act tender it to any Noble man or unmarried Noble woman whatsoever above Eighteen years old for the Justices of Peace in their Sessions by 3 Jac. 4. § 14. N. 2. may tender it there to any other Person whatsoever But if it be meant of the Power given the Justices of Peace out of Sessions 3 Jac. 4. § 13. N. 1. then the six Privy Counsellors can tender it by force of this Act 3 Jac. 4. § 41. N. 1. to such Noble men or unmarried Noble women only who stand Convicted or Indicted of Recusancy for not coming to Church or who have not received the Sacrament twice within the year next before or who passing through the Country unknown shall upon Examination confess or not deny their Recusancy or that they have not so received the Sacrament For the Solving of which Doubt it is to be considered 1. That the Bishop and not the Justices of Assize are here joyned with the Justices of Peace And these words 3 Jac. 4. § 41. N. 1. where any Bishop or Justices of Peace seem to bear this Construction viz. Either the one or the other indifferently may require the Oath and that can be intended only of the Power given out of Sessions for in Sessions the Bishop hath nothing to do But had the Justices of Assize been here added scil in all Cases where the Bishop Justices of Assize or Justices of Peace may require this Oath it had been clear that the Power here 3 Jac. 4. § 41. N. 1. given the six Privy Counsellors was as Extensive as that which 3 Jac. 4. § 14. N. 3. is given the Justices of Assize or Justices of Peace in their Sessions and they might have required the Oath of any Noble man or unmarried Noble woman whatsoever of competent Age. So if the Justices of Peace only had been here named it had been clearly intended of the Justices of Peace in either Capacity either in or out of Sessions But Bishop 3 Jac. 4. § 41. N. 1. seems here to be a Restrictive word and to give the Privy Counsellors no more power in respect of the Nobility than the Bishop had in reference to any other Subjects 2. These words In all Causes where c. 3 Jac. 4. § 41. N. 1. seem to be Restrictive likewise and Exclusive of some Causes but the power of Justices of Peace in Sessions 3 Jac. 4. § 14. N. 3. extends to all Causes and Persons under the degree of Nobility whatsoever which therefore cannot be here intended 3 Jac. 4. § 41. N. 1. but only some particular Causes Ejusdem generis which can be no other than the Causes before mentioned 3 Jac. 4. § 13. N. 1. wherein the Bishop or two Justices out of Sessions may deal scil where the Party was before Convicted or Indicted or had not received the Sacrament or passed unknown and confessed c. And yet as 't is reported 1 Bulstr. 197. the Lord Vaux's Case Pasch 10 Car. 1. is to the contrary For 't is said there he was Committed to the Fleet by the Privy Council for refusing the Oath of Allegiance
and afterwards Indicted in B. R. of a Praemunire for such his refusal he being then of the Age of Eighteen years and above and the said Oath being lawfully tendred c. all which was certified to the Court by divers of the Privy Council upon which Indictment he was Arraigned And no word in the Indictment of his standing Convicted or Indicted of Recusancy or not having received the Sacrament c. and yet the Indictment was grounded upon 3 Jac. 4. § 41. N. 1. and not upon 7 Jac. 6. § 26. N. 6. For by the Statute 7 Jac. 6. § 26. N. 5. He could not have been Indicted of a Praemunier for the first Refusal but must have been Committed until the next Assizes or Sessions and if he had there refused it the second time he might have been Indicted of a Praemunire and not otherwise But whether this Indictment were according to Law or only passed Sub silentio Quaere Note by 7 Jac. 6. § 26. N. 1. Any Privy Counsellor or the Bishop of the Dioces may now require this Oath of any Baron or Baroness of or above the Age of Eighteen years in all Cases and in some Cases three Privy Counsellors Quorum unus c. may require it of Persons above the said Degree LXX The Laws c. 205. Abr. 220. Licence Giving Power to grant Licence or Licences unto the said Recusants 35 Eliz. 2. § 12. N. 1. in the Proviso which is by 3 Jac. 5. § 6. N. 4. here repealed is only that which there Impowers the Justices of Peace for that is the only Proviso which gives Power to grant Licences and the Cause here alledged for the Repeal 3 Jac. 5. § 6. N. 2. is the giving of sundry Licences to Recusants under colour of a Proviso in 35 Eliz. 2. which can be construed only of those which were given by the Justices of Peace 35 Eliz. 2. § 12. N. 1. and not of the other Licences given by 35 Eliz. 2. in several other Cases So that the Provisoes there 35 Eliz. 2. § 13. 14. permitting the Popish Recusant to travel in Case of Process or Commandment by Privy Counsellors or the Queens Commissioners or Proclamation to render his Body to the Sheriff remain still in force and unrepealed and the Recusant may take the benefit thereof at this day Justices LXXI The Laws c. 207. 208. Abr. 221. by such Recusant is intended here 3 Jac. 5. § 7. N. 1. such Recusant as is confined by 35 Eliz. 2. § 3. N. 1. § 4. N. 1. and not only such as were mentioned in 3 Jac. 5. § 6. N. 1. For that Recital is imperfect in that it mentions only the Popish Recusant Convict 35 Eliz. 2. § 3. N. 1. whereas 35 Eliz. 2. § 4. N. 1. speaks as well of the Popish Recusant not Convicted who hath no certain place of abode And the benefit of having Licences from the King or three Privy Counsellors by force of this Act 3 Jac. 5. § 7. N. 1. is intended as well to the one as the other although the Convicted only are mentioned in the recital And this will plainly appear 1. By the following words here 3 Jac. 5. § 7. N. 2. which impower the Justices of Peace to grant Licences and expresly extend to all Persons confined by virtue of 35 Eliz. 2. Now it cannot be presumed that the Makers of the Law intended any difference between the Persons to he licenced by the King or Privy Counsellors and the Persons to be licenced by the Justices of Peace the Power given 3 Jac. 5. § 7. N. 1. to the King or Privy Counsellors being more absolute and not under such Precautions as is that which is given 3 Jac. 5. § 7. N. 3. to the Justices of Peace For the King or Privy Counsellors may grant a Licence to the Recusant to travel without any particular Cause shewn in the Licence or the assent of any other Person and without any Oath to be made by the Recusant which the Justices of Peace cannot do And there is no reason to think that the Power here given to the King or Privy Counsellors which in all other Particulars is so much more absolute and extensive than that given to the Justices of Peace should be yet less Extensive as to the Persons to be licenced 2. It were absurd to think that the Makers of 3 Jac. 5. § 7. N. 1. intended to confer a greater Priviledge upon the Recusant Convicted whose Offence appears upon Record than to such as are not Convicted c. But it by such Recusant should be meant only such as are mentioned in the Recital 3 Jac. 5. § 6. N. 1. viz. those Convicted and not all who are confined by 35 Eliz. 2. § 3. N. 1. § 4. N. 1. it would follow that the Convicted Recusant who is the more notorious Offendor may have a Licence without any Cause shewn or Oath made but he who is not Convicted is barred of that Priviledge and can apply himself only to the Justices of Peace for a Licence clogged with divers Circumstances which are not required in a Licence granted by the King or the three Privy Counsellors 3 Jac. 5. § 7. N. 1. Much less shall this Recital 3 Jac. 5. § 6. N. 1. of the Statute 35 Eliz. 2. § 3. N. 1. Impeach the express words of that Statute 35 Eliz. 2. § 4. N. 1. as if no other Popish Recusants were intended to be confined thereby but only such as are Convicted because no other are mentioned in the Recital For the Recital of an Act of Parliament in another Act of Parliament being only by way of Preface or Introduction cannot add to or diminish the Act recited or make it lyable to any other Constitution than what shall naturally flow from the Act it self 4 Inst 331. LXXII The Laws c. 208. Abr. 222. Licence Without any other Cause to be expressed 3 Jac. 5. § 7. N. 1. Here is one difference between a Licence by the King or three of the Privy Counsellors and a Licence by Justices of Peace For by these 3 Jac. 7. § 5. N. 2. it ought not to be granted unless the Popish Recusant hath necessary occasions or business but the Kings or Privy Counsellors Licence may be granted in any Case at the Recusants request LXXIII The Laws c. 200. Abr. 203. Vnder the Hands and Seals Indictment 3 Jac. 5. § 7. N. 2. An Indictment was brought upon 35 Eliz. 2. § 3. N. 1. for travelling out of the Compass of five Miles the Recusant pleaded a Licence under the Seals of four Justices of Peace and Exception was taken to the Plea for that the Licence ought to have been under their Hands as well as their Seals 2 Co. 352. Mich. 17 Jac. Maxfields Case And this is a good Exception For a Licence by a Justice of Peace although in Writing is not sufficient without Seals and Subscription both 1 Roll. 108. pl. 47.
§ 26. N. 4. And not if the party be suspected as Wingate Crown 150. mistakes for the bare suspition of the Justice of Peace or any other person is no sufficient ground to require the Oath or commit the party for refusal but there must be some good Cause for that Suspition and the same must be alledged in the Justice of Peace his Plea or Justification if he be sued for committing him to Prison for such refusal So if a Man be Arrested on Suspition of Felony and brings his Action for false Imprisonment the Defendant ought to shew some Matter in Fact to induce his Suspition For in these and the like Cases a bare Suspition is no Justification sufficient it being a Matter secret and not traversadle but the Cause of Suspition is traversable 3 Bulstr 284. Weale vers Wells 7 Ed. 4. 20. 17 Ed. 4. 5. 5 H. 7. 4. And whether the Supposition be just and lawful shall be tryed and determined by the Justices 2 Inst 52. 11. Ed. 4. 4. LXXXVIII The Laws c. 284. Abr. 265. Justices That then any one Justicie of Peace 7 Jac. 6. § 26. N. 4. What was said by Coke Chief Justice in Griffiths Case 2 Bulstr 155. that any one Justice of Peace may minister this Oath is to be understood of some Cases only 12 Co. 130. which are no others than those here mentioned as he explains his meaning 12 Co. 132. That one Justice of Peace cannot Commit any for refusal of this Oath unless they be Prosecuted Indicted or Convict c. according to 7 Jac. 6. § 26. N. 4. Supra LXXXIX The Laws c. 248. 249. 250. Abr. 266. Lieu. Within whose Commission or Power such Person or Persons shall at any time hereafter be 7 Jac. 6. 26. N. 4. A Person complained of and against whom cause of Suspition is found by the Justices of Peace flyeth into another County Quaere whether a Justice of Peace of that other County can require the Oath of him and Commit him upon refusal for he seems to be impowered thereunto by the express words of the Statute for that the Party is faln within his Commission or Power c. But yet I conceive that 7 Jac. 6. § 26. N. 4. by these words Any one Justice of Peace within whose Commission or Power c. is designed or intended no other Justice than a Justice of that County where the Party was complained of and suspected And that if he fly into another County no Proceedings can be there upon the complaint and suspition in the County whence he came nor any one Justice tender him the Oath or Commit him for refusal without a new complaint and cause of Suspition in the County whither he flieth For where the Party cannot be Indicted of a Praemunire for refusing the Oath upon the second tender at the Assizes or Sessions by 7 Jac. 6. § 26. N. 6. there the Justice or Justices of Peace out of Sessions cannot tender the Oath or Commit for refusal for a Commitment is in order to a second tender and an Indictment of Praemunire thereupon But in this Case the Party cannot be Indicted of a Praemunire in the County where he flyeth for refusing it upon the second tender For the Offence for which the Party must be Indicted is a complicated Offence consisting of several Particulars 1. In giving just cause of Suspition without which the Party complained of according to this Act 7 Jac. 6. § 26. N. 4. cannot be tendred the Oath by one Justice of Peace Then 2. in refusing the Oath before the Justice of Peace who tendred it And lastly 3. in refusing it upon the second tender at the Assizes or Sessions all which must be comprised in the Indictment So that the cause of Suspition is pars Criminis and that arising in the County where the Party dwelt and was complained of cannot be punished in another Counry unless the Statute 7 Jac. 6. § 26. N. 4. had expresly made it Examinable there Supra 2. True it is that some Statutes do enable Justices of Peace to punish an Offence done in another County but that is where they enable them likewise to examine the truth of the Fact and take Proofs and Evidences thereof So 1 Jac. 27. § 5. N. 2. 7 Iac. 11. § 8. N. 3. Supra impower the Justices of Peace where the Party is apprehended to examine and punish the Offence But in our Case the cause of Suspition arising in one County is not made examinable and consequently not punishable in another County and if not punishable there no Justice of Peace of that other County can proceed upon that cause of Suspition notwithstanding the Party happen to be within his Commission or Power 3. But yet the Party so flying into another County may without any new Complaint or Cause of Suspition be tendred the Oath and proceeded against there by two Justices of Peace Quorum unus c. by virtue of the foregoing words of this Clause 7 Jac. 6. § 26. N. 2. although he dwell in another County and that for the Reason before given viz. because this Oath Sequitur personam non locum 4. But Wingate Crown 150. saves the labour of this Question for he erroniously restrains the Power of tendring the Oath in this Case to the Justice of Peace to whom the Complaint is made as if no other Justice of Peace of that County could proceed therein which is contrary to the express words as well as the meaning of 7 Jac. 6. § 26. N. 4. 5. Note that Dalt 107. cap. 45. saith It seems requisite that the Justice or Justices of Peace do make like Certificate as 3 Iac. 4. § 13. N. 5. at the next Assizes or Quarter-Sessions of such Persons as have taken this Oath betore them by force of 7 Iac. 6. § 26. N. 4. But upon what ground Mr. Dalton thought this requisite to be certified at the Assizes I know not seeing there is no such Certificate to be made by 3 Iac. 4. § 13. N. 5. but only to the General or Quarter-Sessions of the Peace 6. And as for the Sessions I conceive neither the Justices of Peace if they proceed on 7 Iac. 6. § 26. N. 4. and not upon 3 Iac. 4. § 13. N. 5. are bound to make such Certificate nor the Clerk of the Peace or Town-Clerk to record it for it is not here required to be done 7. But yet in such Cases where the same Persons are impowered by both these Statutes to require and minister this Oath as where the Party is Convicted or Indicted of Recusancy in which Case two Justices of the Peace Quorum unus c. may require the Oath by the special words in 3 Iac. 4. § 13. N. 2. or of the general words in this Clause of 7 Iac. 6. § 26. N. 2. And it doth not appear upon which of these Statutes they proceed as it may some times so happen there if
appear gratis to avoid an Attachment of his Body 3 Ed. 4. 16. Jours Br. 2. 16 And this is the Reason it s Entred ipse non venat Dalt 404 405. cap. 132. 3. Jacobus c. Vicecom ' c. salutem Pluries Precipimus tibi sicut pluries tibi Precipimus quod non omittas c. Ad quem diem A. B. Armiger Vicecom ' Comitat ' predict ' Retorn ' quod predict ' C. D. Non est inventus in c. ipse non venit ideo Precept ' est quod Exigi facias c. Dalt 406. cap. 132. Exigint 4. Jacobus c. Vicecom ' c. salutem Precipimus quod Exigi facias C. D. A. in Com. tuo Yeoman quodque secundum legem consuetudinem Regni nostri Angliae Utlagatur si non comparuerit si comparuerit tunc eum Capias Salvo Custodiri facias Ita quod Habeas Corpus ejus Coram Justiciariis Pacis nostrae nec non Justiciarijs nostris ad diversas Felon ' Transgr ' alia Malefacta in eodem Comitatu tuo perpetrat ' audiend ' terminand ' Assignat ' ad Generalem Sessionem Pacis Comitatus tui proximè post Festum Sancti Mich ' Archangeli proximum futur ' tenend ' ubicunque in eodem Comitatu teneri contigerit ad respondendum Nobis de diversis Transgr ' Contempt ' Offensis de quibus ipse Indictus existit habeas ibi tunc hoc breve Teste c. H. apud Staff 8. die Sept. Anno Regni c. Dalt 406. cap. 132. Ad quem diem A. B. Armiger Vicecomes Com. predicti Retorn ' quod ad Com. Staff tentum apud Stafford quinto die Maij Anno Regni Domini Regis nunc secundo hic ad quatuor alios Com. tunc proximè sequent ' Ibidem tent ' predict ' C. D. exactus â—uit non comparuit ideo Utlagatus fuit XXXV Crompt 233 And he must shew the days when the Counties were as it seemeth Process Br. 149. Dayes 2. Note Where the Process Issueth upon an Endictment of Felony then the first Process shall be a Capias and then a Capias alias and then an Exigent and the Entry of the Process shall be ut supra mutatis mutandis 3. Nota That an Entry must be made in the Roll with the Clerk of the Peace which shall be a Warrant of every Process that shall be Awarded as it seemeth And 2 R. 3. 12. it appears that the Writ must be Warranted by the Roll See Dyer 211. 4. And a Man that hath day to appear by the Roll or is to have corporal Penance or is to loose an Inheritance if he doth not come there he shall be received to appear notwithstanding the Writ be not retorned served which see Kell 166 b. pl. 10. H. 7. 11 b. Jours 29. Br. 93. XXXVI Dalt 329. Cap. 117. Recites Crompt 148 Supra Monstr And I once received a Warrant brought me by one Thomas Evans a Pursevant or Messenger of his Majesties Chamber Anno 1607. under the hand of the Right Honourable Thomas Lord Ellesmore Late Lord Chancellor of England for the apprehending of one James Malin for a matter of Contempt and the said Warrant was in general words scil to Answer to such Matters as were to be objected against him without any special Cause therein mentioned infra 2. Also I saw another Warrant 3 Jac. granted under the hand of Popham Chief Justice to bring one Edmonds of Barnwel by Cambridge before him to answer to such Matters as he had to object against him on the Kings Majesties behalf without any special Cause or Matter therein set down Libr. Intr. 83. 3. But it is not safe for a Justice of Peace to grant out his Warrant with a blank for about 30 Eliz. one wrote to Sir J. R. a Justice of Peace to send him a Precept or Warrant with a blank that he mâ—ght put therein one whom he would Attach upon Suspition of Felony and the Justice of Peace did so granting a Warrant with a blank where he neither knew the Parties Name nor the Matter and for this the Justice was fined in the Star-Chamber as Crompt Jurisd 34. Laches XXXVII Dalt 330. cap. 117. Also the Justices of Peace in divers Cases do use to grant their Warrant against a Man for his neglect or other default as for refusing to pay down rates and the like and such Warrant may be either to attach the Offender to be at the next Sessions there to answer c. or else to bring the Offender before the said Justice or any other Justice c. who finding Cause may bind such an Offender to appear at the next Sessions to answer the said default Lambert 187. Supra 2. And wheresoever any Statute doth give Authority to the Justices of Peace to cause another Person to do a thing there it seemeth they have Power given them of congruity to grant their Warrant to bring such Person before them that so they may take Order therein Lambert 512 supra Suggestion XXXVIII Dalt 330. 331. cap. 117 But I find it much controverted 14. H. 8. 16. Peace Br. 6. Commission Br. 3. Crompt 147 b. Lambert 188. 189. supra Whether a Justice of Peace may grant a Warrant to Attach Persons suspected of Felony or against Offenders upon a Penal Statute unless such Persons or Offenders be first thereof Indicted for that the Justice of Peace as he is a Judge of Record so it is said he must have a Record whereupon he doth Award his Process or Precept 2. For the first Some hold that the Justice of Peace may grant his Warrant to Attach Persons suspect of Felony for that it seemeth in the first assignavimus in the Commission § 13. and by 5 Ed. 3. 14. § N. that any one Justice of Peace may cause the Constables to Arrest and imprison Offenders suspect of Felony c. and how shall the Justice of Peace cause this to be done but by his Warrant or Commandment 3. Again If a Felony be done there is no doubt but that every Private Man without a Warrant may Arrest whomsoever he suspecteth of it being a Man of Evil Fame c. but if the Offender being pursued shall resist Quaere who shall be aiding to a Private Man whose Goods are stoln and who suspecteth another to have stoln them either to search for his Goods or to apprehend the Party suspected if the Justice of Peace by his Warrant shall not command the Constable to aid him therein If it be objected that the Constable may do all this of his own Authority upon request to him made by the Party Robbed be it true yet we find by common Experience that the Constables without the Justices Warrant therein are for the most part both very fearful and also remiss herein as neither knowing their own Authority nor the Danger 4. Besides this is no new thing for
in Sussex c. XXXII Crompt J. P. 94. Enquiry in Sessions if the High-ways of Market Towns be enlarged and cleansed from Wood and Underwood by the space of 200 foot on each side if there be no Oaks and Great Trees so that all be clear under them 2. If Robery be done by default of not clensing or keeping of the said Ways he that should do it shall answer for the Robery and for the Murder done there and shall be fined to the King at his will 13 Ed. 1. St. 2. Winch. 5. Way-laying see Coron Waifs see Coron Chattels Wainlings see Cattel Wales I. LAmbert 610. The Quarter Sessions are to enquire hear and determine on 26 H. 8. 5. of Passage over the Severn Crompt 95 b. 2. Of 3 Jac. 23. for making up of Chepstow Bridge 3. Of 3 Jac. 24. for re-edifying a Bridge over Severn War Guns Hand-Guns Shooting Captains Souldiers Musters I. LAmbert 475. Enquiry in Sessions if any Person being generally or specially Commanded to Muster before any having Authority for the same have without true and reasonable Cause absented himself or have not brought with him in readiness his best Furniture of Array and Armour of his own Person Crompt 48 b. 4. 5 Phil. Mar. 3. § N. 2. If any Person authorized to Muster or to levy Men for the King's Service in War have taken any Reward for the discharge or sparing of any Person from that Service 3. Or if any Person having Charge of Men for Warfare have not paid to his Souldiers their whole Wages Conduct and Coat-money or have for any gain licenced any of them to depart out of the Service 2 3 Ed. 6. 2. § N. 4. If any Souldier serving the King in his Wars have given away wilfully purloined or put away any Horse Gelding Mare or Harness wherewith he was set forth 2 3 Ed. 6. 2. § N. Crompt 89 b. 125 b. 155. Dalt 134. bis cap. 52. II. Lambert 422 423. Enquiry in Sessions if any Souldier entred a Souldier of Record and having taken part of the King's Wages or any Mariner or Gunner having taken present Wages to serve the King on the See have not accordingly gone to his Captain unless he were letted by notorious Sickness or other Judgment from God or have departed from his Captain without his Licence under his Seal 18 H. 6. 19. § N. 2 3 Ed. 6. 2. § N. 4 5 Ph. Mar. 3. § N. 5 Eliz. 5. § N. But consider whether this Entring of Record have any use now Crompt 117 b. § 20. 2. If any Souldier or Mariner or other Person as Souldier or Mariner have wandred idle without setting himself to Service Labor or other lawful course of Life and hath not repaired to his place of Birth or Dwelling and had not a lawful Testimonial from a Justice of Peace of or near the place where he landed or hath counterfeited such Testimonial or hath carried the same knowing it Counterfeit 39 Eliz. 17. Dalt 135. bis cap. 52. III. Lambert 295 296. Guns Every Person finding or seeing any to offend the Statute made against the shooting in Cross-bows and Hand-Guns may arrest and bring or convey him to the next Justice of Peace of the County where he was found offending who upon due Examination and Proof thereof before him made may by his Discretion Commit him to the Goal there to remain till he shall truly pay the one Moiety of the Forfeiture of this Statute to the King and the other Moiety to such first bringer or conveyor 33 H. 8. 6. § N. Dalt 64. cap. 24. 2. In this and such other Cases the Justice of Peace having as it seemeth the whole matter committed to himself alone ought to be wary and circumspect lest either he rashly condemn the Guiltless or negligently suffer the Guilty to Escape Dalt 65 66. cap. 24. 3. And upon the Offence sufficiently proved it is necessary that in his Mittimus or Precept to the Goaler there be contained the Names of the Parties with the manner of the Offence and how long time he is to be kept in Prison for it 4. Furthermore he is to make a Record of the Matter and to send the Estreat of it into the Exchequer whereby the Barons may upon Intelligence thereof cause the King's Duty to be levied to his use IV. Lambert 296 297. A Mittimus for unlawful shooting in a Cross-bow or Hand-gun 33 H. 8. 6. § N. To the Keeper of his Majesties Goal at M. in the said County and to his Deputy or Deputies there and to every of them Kent ss Forasmuch as this present day A. B. and C. D. of H. in the said County Yeomen did arrest and bring before me at H. aforesaid one J. S. of H. in the said County Mariner whom they had seen and found the same day as they said shooting in a Hand-gun charged with Powder and a Pellet at a Coney in a certain place in C. within the said County called the Church-field contrary to the Law of this Realm and thereupon praid me that Justice might be done in that behalf J. L. Kt. being the next Justice of Peace in the said County to the place aforesaid did then at H. aforesaid upon the said Request take the Examination of the said J. S. and did then also and there hear the Proofs of them the said A.B. and C. D. touching the said Offence and for that it did then manifestly appear unto me as well by the Testimonies of them the said A. B. and C. D. as also by the plain Confession of him the said J. S. that he had not then Lands Tenements Fees Annuities or Offices to the clear yearly value of 100 l. and that he had shot in the said Hand-gun in manner and form as is aforesaid I do send unto you herewith the Body of him the said J. S. as lawfully Convicted of the said Offence before me requiring you in his Majesties Name to receive him unto your said Goal and him there safely to keep as his Majesties Prisoner until that he shall have truly paid the Pain and Forfeiture of 10 l. of lawful Money of England laid upon him for his said Offence by the Statute thereof made in the 33th year of the Reign of the late King Henry the Eighth that is to say the one Moiety thereof to our said Soveraign Lord and the other Moiety to them the said A. B. and C. D. the first bringers of him before me and this shall be your sufficient Warrant in this behalf hereof fail you not as you will Answer for your Contempt at your own peril Given at H. aforesaid the 20th day of March in the second year of the Reign c. By me the said K. L. V. Lambert 298 299 300. The Record of Conviction for shooting in a Hand-gun contrary to 33 H. 8. cap. 6. Kanc. ss Memorand ' quod 20 die Maij Anno Regni c. A. B. C. D.