IV. Dalt 276. 273. bis cap. 107. Now against these Witches being the most cruel revengeful and bloudy of all the rest the Justices of Peace may not always expect direct Evidence seeing all their works are the works of darkness and no witnesses present with them to accuse them and therefore for their better discovery I thought good here to insert certain observations partly out of the Book of discovery of the Witches that were Arraigned at Lancaster An. Dom. 1612. before Sir James Altham and Sir Edward Bromley Judges of Assize there and partly out of Mr. Bernards Guide to Grand-Jury-men Bolt J. P. 97. cap. 23. 1. These Witches have ordinarily a Familiar or Spirit which appeareth unto them sometimes in one shape sometimes in another as of a Man Woman Boy Dog Cat Foal Fowl Hare Rat Toad c. and to these their Spirits they give Names and they meet together to Christen them as they speak Bern. 107 113. 2. Their said Familiar hath some big or little Teat upon their Body where he sucketh them and besides their sucking the Devil leaveth other marks upon their Body sometimes like a blue spot or red spot like a Flea-biting sometimes the flesh sunk in and hollow all which for a time may be covered yea taken away but will come again to their old form and these the Devils marks be insensible and being pricked will not bleed and be often in their secretest parts and therefore require diligent and careful search Bern. 112 219. These first two are main points to discover and convict these Witches for they prove fully that those Witches have a Familiar and made a League with the Devil Bern. 60. So likewise if the suspected be proved to have been heard to call upon their Spirit or to talk to them or of them or have offered them to others so if they have been seen with their Spirit or seen to feed something secretly these are proofs they have a Familiar c. Bolt 97. cap. 23. 3. They have often Pictures of Clay or Wax like a Man c. made of such as they would bewitch found in their House or which they roast or bury in the Earth that as the Picture consumes so may the parties bewitched consume Bolt 97. cap. 23. 4. Other presumptions against these Witches as if they be given to usual cursing and bitter Imprecations and withal use threatnings to be revenged and their Imprecations or some other mischief presently followeth Bern. 61 205. 5. Their implicite confession as when they shall accuse them for hurting them or their Cattel they shall answer You should have let me alone then or I have not hurt you as yet these and the like speeches are in manner of a confession of their power of hurting Bern. 206. 6. Their diligent enquiry after the sick party or coming to visit him or her unsent for but especially being forbidden the House 7. Their apparition to the sick party in his Fits 8. The sick party in his Fits naming the parties suspected and where they be or have been or what they do if truly 9. The common report of their Neighbours especially if the party suspected be of Kin or Servant to or familiar with a convicted Witch 10. The testimony of other Witches confessing their own Witchcrafts and witnessing against the suspected that they have Spirits or marks that they have been at their meetings that they have told them what harm they have done c. Bern. 212 223. 11. If the dead Body bleed upon the Witches touching it Bolt 97. cap. 23. 12. The testimony of the person hurt upon his death Bolt 97. cap. 23. 13. The examination and confession of the Children able and fit to answer or Servants of the Witch especially concerning the first six observations scil of the party suspected her threatnings and cursings of the sick party her enquiry after the sick party her boasting or rejoycing at the sick parties trouble also whether they have seen her call upon speak to or feed any Spirit or such like or have heard her foretell of this mishap or speak of her power to hurt or of her transportation to this or that place c. Bolt 97. cap. 23. 14. Their own voluntary confession which exceeds all other evidence scil of the hurt they have done or of the giving of their Souls to the Devil and of the Spirits which they have how many how they call them and how they came by them Bolt 98. cap. 23. 15. Besides upon the apprehension of any suspected to search also their Houses diligently for Pictures of Clay or Wax c. Hair cut Bones Powders Books of Witchcrafts Charms and for Pots or places where their Spirits may be kept the smell of which place will stink detestably V. Dalt 274. cap. 107. Proof Now to shew you further some signs to know whether the sick party be bewitched 1. When a healthful Body shall be suddenly taken c. without probable reason or natural cause appearing c. Bern. 169. 2. When two or more are taken in the like strange Fits in many things 3. When the afflicted party in his Fits doth tell truly many things that the Witch or other persons absent are doing or saying and the like 4. When the parties shall do many things strangely or speak many things to purpose and yet out of their Fits know not any thing thereof 5. When there is a strength supernatural as that a strong man or two shall not be able to keep down a Child or weak person upon a Bed 6. When the party doth vomit up crooked Pins Needles Nails Coals Lead Straw Hair or the like 7. When the party shall see visibly some Apparition and shortly after some mischief shall befall him Bern. 173. VI. Dalt 274 275. cap. 107. Indictment Note for the better riddance of these Witches there must good care be had as well in their Examinations taken by the Justices as also in the drawing of their Indictments that the same be both of them set down directly in the material points as 1. That the Witch or party suspected hath used Invocation of some Spirit 2. That they have consulted or covenanted with their Spirit 3. That they imployed their Spirit 4. That they have fed or rewarded their Spirit 5. That they have killed or lamed c. some person c. 6. And not to Indict them generally for being Witches c. Indictment VII Lamb. Preced 4. pl. 9. An Indictment for killing a man by Witchcraft West Preced 2 part 134. sect 222. Kanc ' ss Juratores pro Dom ' Rege super sacramentum suum presentant quod Sarah B. de C. in Com' predicto vidua 20 die Aug ' Anno regni dicti Dom ' nostri Jacobi Dei gratia Angliae Scotiae Franciae Hiberniae Regis Fidei defensoris c. ac diversis aliis diebus post dictum 20 diem quasdam Artes detestandas Anglice vocat ' Witchcraft and Sorcery
and bring him to the next Iustice of the Peace of that Shire where such tender shall be made if he shall be of power and able so to do or for lack of such ability shall within the space of three days next after such Offer made c. disclose the Name and Names of such person c. as so shall make the same Offer and the Dwelling-place or Place or Resort of the same person c. which he shall endeavour himself to know by all the means and ways he can to the Ordinary of the Diocess or to any Iustice of Peace of that Shire where such person c. to whom such offer shall be made c. shall be resiant Days And also if such person c. to whom such offer shall be made § 8. N. 2. shall happen to receive any such Agnus Dei c. and shall within the space of one day next after such receit deliver the same to any Iustice of Peace within the same Shire where the Party so receiving shall be then resiant or shall happen to be Forfeiture That then every such person and persons doing any the Acts or Things in this Provision above mentioned in form above declared § 8. N. 3 shall not by force of this Statute incur any Danger or Penalty c. Justices Provided also and be it further Enacted § 10. N. 1. c. that if any Iustice of Peace to whom any Matter or Offence before mentioned shall be uttered shewed or declared as is aforesaid do not within the space of fourteen days next after it shall be to him shewed or uttered signify or declare the same to some one of the Queens Majesties Privy-Council that then the same Iustice of Peace shall incur the Danger Pain and Forfeiture Provided by the said Statute c. viz. 16 Rich. 2. Cap. 5. § 2. N. 6. Usury And be it further Enacted C. 8. § 6. N. 1. that Iustices of Oyer and Terminer and Iustices of Assize in their Circuits Iustices of Peace in their Sessions c. shall also have full Power and Authority to inquire hear and determine of all and singular Offences viz. of Usury committed against the said Statute viz. 37 H. 8. Cap. 9. now revived Sewers And that the Iustices of Peace in the Shire C. 9. § 2. N. 2. c. where the same Laws Ordinances and Constitutions viz. of Sewers are to be executed within their several Commissions or Limits or six of them whereof two to be of the Quorum shall have Power and Authority by the space of one whole year next after the expiration of every such Commission to execute the same Laws Ordinances and Constitutions and every of them as fully and in as ample manner and form as the Commissioners or any of them named and appointed in every or any Commission so expired might or should have done to all Intents and Purposes as if the said Commission or Commissions had continued in force Justices Provided always and be it nevertheless Enacted § 3. N. 1. that if any new Commission of Sewers shall be made within the said year that then immediately from and after such Commission newly made and published the Power of the said Iustices of Peace and every of them in any wise concerning the Execution of any such Laws Ordinances and Constitutions of Sewers shall utterly cease any thing or things in this Act to the contrary expressed in any wise notwithstanding Corn. Provided nevertheless C. 13. § 2. N. 1. that neither any of the said Presidents and Councils nor the said Iustices of Assize nor the said Iustices of Peace c. shall publish any their Determinations c. viz. for Permission or Prohibition of the Transportation of Corn until the same shall be first by Writing notified to the Queens Majesty or to her Privy-Council and by her Majesty or her Privy-Council shall be liked or allowed Imprisonment And by the said Iustice or Head-Officer 14. Eliz. Cap. 5. § 2. N. 3. viz. before whom sturdy Beggar c. above fourteen shall be brought to be presently committed to the Common Goal of the said County being apprehended within the County or else such other place as by the Iustices of Peace of that County or three of them at their general Sessions shall be appointed Licence Be it also further Provided that no Licence § 10. N. 1 c. viz. of Pasport or to beg c. shall give any manner of liberty or be of any manner of force but only in the Shire whereof the Grantor c. of such Licence shall be Iustice c. of the Peace Taxes And that done viz. the numbe of Poor registred § 14. N. 7 c. they the said Iustices Mayors Sheriffs Bailiffs and other Officers within every their several Commissions c. shall by their good discretions tax and assess all and every City Borough Town Village Hamlet and Place known within the said Limits and Divisions to such weekly charge as they and every of them shall weekly contribute towards the relief of the said poor people Account And further be it Enacted § 18. N. 1. that the said Collectors viz. for the Poor and every of them c. shall make their just Account half yearly c. to two Iustices of the Peace dwelling next the said abiding place or places not being within any City Borough or Town-Corporate § 21. N. 1. Provided c. and be it further Enacted Poor c. that three Iustices of Peace whereof one to be of the Quorum of and with the Surplusages and Forfeitures the said Poor c. provided for shall by their discretions in such convenient place c. within their said Shires as they shall think meet place and settle to work the Rogues and Vagabonds c. § 24. N. 1. And be it further Enacted Justices c that three Iustices of Peace within all the Shires of this Realm whereof one to be of the Quorum shall have full Power c. to hear and determine all Causes Except Forfeitures of Justices of Peace that shall come in question by reason of this Act. § 33. N. 1. Also be it provided that if any Taxes c. shall find him or her self grieved with any Taxation set upon them by vertue of this Act it shall be lawful for them at the next general Sessions of the Peace to be holden within the same Shire where their Taxation shall be to make Complaint thereof to the Iustices of the Bench and to be eased of their excessive charge by the discretion of the whole Bench or the most part of them 18 Eliz. C. 3. § 2. N. 2. It is Ordained c. that two Iustices of the Peace Bastardy whereof one to be of the Quorum in or next unto the limits where the Parish Church is within which Parish
such Bastard shall be born upon examination of the Cause and Circumstance shall and may by their discretion take order as well for the punishment of the Mother and reputed Father of such Bastard Child as also for the better relief of every such Parish in part or in all 39 Eliz. Cap. 4. § 1. N. 1. 3 Car. 1. Cap. 4. 5. § 15. N. 2. § 2. N. 3. And shall and may likewise by like descretion Poor take order for the keeping of every such Bastard Child by charging such Mother or reputed Father with the payment of mony weekly or other sustentation for the relief of such Child in such wise as they shall think meet and convenient § 2. N. 4. And if after the same Order by them subscribed under their hands Imprisonment any the said persons viz Mother or reputed Father upon notice thereof shall not for their part observe and perform the said Order that then every such party so making default in not performing of the said Order to be committed to Ward to the common Goal § 5. N. 3. And that likewise in every other Market-Town or other Place viz. not Corporate within every County of this Realm Justices whereto the Iustices of Peace or greater part of them in their general Sessions next after Easter within every limit shall be thought meet and convenient a like competent store and stock of Wool Hemp Flax Iron or other Stuff as the Country is most meet for by Appointment and Order of the said Iustices of Peace or the greater part of them in their general Sessions of all the Inhabitants within their several Authorities to be taxed levyed and gathered shall be provided viz. for the Poor § 6. N. 1 And moreover be it Ordained Poor c. that within every County of this Realm one two or more abiding houses or places convenient in some Market-Town or Corporate-Town or other place c. by Purchase Lease Building or otherwise by the appointment and order of the Iustices of Peace or the more part of them in their said general Sessions of Inhabitants within their several Authorities to be taxed levyed and gathered shall be provided and called the house or houses of Correction § 7. N. 1. And be it also further Enacted Officer c. that the said Iustices of Peace or the more part of them in their said general Sessions in every County shall and may appoint from time to time persons which shall be Overseers of every such house of Correction c. § 7. N 2. And shall also Taxes c. appoint others for the gathering of such mony as shall be taxed upon any person c. towards the maintenance of the said houses of Correction § 15. N. 1. Provided always and be it Enacted Justices c. that if any Iustice of the Peace assembled at any the said Sessions next after Easter shall from thence depart before conference had touching the Execution of this Statute he shall for every such Offence forfeit 5 l. to be recovered and levyed as a Fine upon Indictment and Conviction of Trespass c. Information And that Iustices of Oyer and Terminer C. 5. § 4. N. 4. Iustices of Assize in their Circuits and Iustices of Peace in their quarter Sessions shall have full Power and Authority to hear and determine all Offences to be committed or done viz. in Suits upon any Penal Statutes contrary to the true intent and meaning of this present Act. Ways And be it further Enacted c. that all and every Iustices of Assize C. 10. § 9. N. 1. Iustices of Oyer and Terminer Iustices of Peace in the Sessions and Stewards of Leets and Law-days in their Leets and Law-days shall hear and determine all and every Offence Matter and Cause that shall grow come or rise by reason of this Statute viz. of amending High-ways Pope And be it likewise Enacted 23 Eliz. C. 1. § 8. N. 1. that all and every Offences against this Act or against the Acts c. viz. 1 Eliz. Cap. 1. 5 Eliz. Cap. 1. 13. Eliz. Cap. 2. c. touching acknowledging her Majesties supreme Government in Causes Ecclesiastical or other matters touching the Service of God or coming to Church or Establishment of true Religion in this Realm shall and may be inquirable as well before Iustices of Peace as other Iustices named in the same Statutes within one year and a day after every such Offence committed any thing c. notwithstanding Justices And Iustices of Peace in their open quarter Sessions of Peace § 9. N. 2. shall have Power by vertue of this Act to inquire hear and determine of all Offences against this Act except Treason and misprision of Treason Slander And also that all Iustices of Peace as well within Liberties as without C. 2. § 8. N. 1. within the limits of their several Commissions in their general or quarter Sessions shall by vertue hereof have full Power and Authority to inquire of all and every the Offences aforesaid viz. of false News and Prophesies against the Queen c. and to cause the Offender c. therein to be indicted without any further proceeding therein Imprisonment And that also every Iustice of Peace within the limits of his Commission § 8. N. 2. shall have full Power and Authority to commit any person being vehemently suspected of any of the said Offences to Ward unless he do put in Sureties to make his personal appearance at the next quarter Sessions or Goal-delivery c. Days Provided always and be it Enacted c. that no manner of person § 10. N. 1. c. shall be molested or impeached for any the Offences concerning speaking or reporting c. unless he or they be thereof accused within one Month next after such words so spoken or reported before some one Iustice of the Peace and the Witnesses therein to be used named to the same Iustice Proof And the same Accusation and Witnesses Names § 10. N. 2. put in Writing by the said Iustice and certified at the next quarter Sessions or Goal-delivery Drapery For Reformation c. be it Ordained C. 9. § 2. N. 1. c. that all such Log-wood alias Block-wood in whose hands soever the same shall be found c. shall be forfeited and openly burned by Authority of the Mayor c or of two Iustices of Peace of the County where it shall be found Fowl The same Bond viz. not to take Fesant or Partridge in two years to be taken by some Iustice of Peace of the County where the said Offence viz. of undue taking with Nets c. shall be committed C. 10. § 2. N. 6. Justices Provided always and be it further Enacted § 5. N. 1. c. that the Iustices of Assizes in their Circuits and Iustices of Peace in
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
sometimes do falsely take upon them the names of other men of good ability of purpose to enable themselves to be accepted for Bail which persons being of small or no ability or worth are ready for Lucre and Gain to become bound by Recognizance as Sureties for such persons as shall procure themselves to be bound to the Peace or Good-behavior as aforesaid by means whereof the Iudge or Iudges of the said Courts not knowing them may be easily abused and Iustice deluded Coron Be it therefore Enacted by the Authority aforesaid § 5. N. 1. that the Iudge or Iudges of the Courts aforesaid respectively or either of them upon proof of any the misdemeanors aforesaid to be committed in the obtaining of the aforesaid Writs of Supersedeas or procuring such Sureties as aforesaid shall and may likewise punish the false and insufficient Sureties and Bailers aforesaid and the Procurors thereof according to their discretions so as such Punishment extend not to the loss of Life or Member Indictment And whereas divers Bills of Indictments of Riot § 6. N. 1. forcible Entry or of Assault and Battery being found before the Iustices of Peace at the Quarter Sessions of the Peace or otherwise are oftentimes removed from the Counties where such Indictments are found by Writs of Certiorari unto them directed out of the said Courts by or by the means of the persons so indicted who well know that few or no persons grieved by such their Outrages and Misdemeanors whereof they stand so indicted will undergo the travail or charge of Prosecution of such Indictment so removed by bringing the Parties so indicted to tryal by means whereof such Offenders for the most part escape unprosecuted or unpunished and the King loseth the Fines which ought and should have been imposed upon them if such Iudgements had been prosecuted and not removed § 7. N. 1. Be it therefore Enacted Certiorari that all such Writs shall from and after the end of this present Session of Parliament be delivered at some Quarter Sessions of the Peace in open Court § 7. N. 2. And that the Parties indicted Bail shall before the allowance of such Certioraries become bound unto such person or persons which shall prosecute such Bills of Indictment against them in the sum of ten pounds with such sufficient Sureties as the Iustices of Peace at their Quarter Session of the Peace shall think fit with Condition to pay unto the said Prosecutors of such Bills of Indictment within one Month after the Conviction of such Parties indicted such reasonable Costs and Damages as the said Iustices of Peace of such Counties where such Bills of Indictment shall be found in the said Sessions of the Peace shall assess or allow § 7. N. 3. And that in Default thereof Certiorari it shall be lawful for the said Iustices to proceed to Tryal of such Indictments any such Writs of Certiorari to remove the same Indictments notwithstanding C. 12. § 4. N. 1. And whereas notwithstanding the said Statute viz. 7 Jac. Cap. 5. § 1. N. of Justice of Peace pleading the General Issue Justices and giving special matter in Evidence the Plaintiff is at liberty to lay his Action which he shall bring against any Iustice of Peace or other Officer in any Foreign County at his choice which hath proved very inconvenient unto sundry c. that have been impleaded by some contentious and troublesome persons in Counties far remote from their place of Habitations § 5. N. 1. Be it therefore Enacted c. that if any Action Bill Information Plaint or Suit upon the Case Trespass Battery or false Imprisonment shall be brought c. against any Iustice of Peace Mayor or Bailiff of City or Town-Corporate Head-borough Portreeve Tythingman Constable Collector of Subsidy or Fifteens Church-wardens and persons called Sworn-men executing the Office of Church-warden or Overseer of the Poor and their Deputies or any of them or any other which in their Aid and Assistance or by their Commandment shall do any thing touching or concerning his or their Office c. for or concerning any Matter Cause or Thing by them or any of them done by vertue or reason of their or any of their Office c that the said Action c. shall be laid within the County where the Trespass or Fact shall be done and committed and not elsewhere Cap. 15. Be it Enacted c. that such Iudges Force Iustices or Iustice of Peace as by reason of any Act c. viz. 5 Rich. 2. Cap. 7. 15 Rich. 2. Cap. 2. 8 H. 6. Cap. 9. 31 Eliz. 11. c. now in force are authorized and enabled upon Inquiry to give Restitution of Possession unto Tenants of any Estate of Free-hold of their Lands or Tenements which shall be entred upon with Force or from them witholden by force shall by reason of this present Act have the like and the same Authority and Ability from henceforth upon Indictment of such forcible Entries or forcible witholdings before them duely found to give like Restitution of Possession unto Tenants for term of years Tenants by Copy of Court-Roll Gardians by Knights Service Tenants by Elegit Statute-Merchant and Staple of Lands or Tenements by them so holden which shall be entred upon by force or holden from them by force C. 18. § 4. N. 3. It shall be lawful for any two or more Iustices of the Peace within the County or within the City Drapery Borough or Town-Corporate where such deceivable Cloth viz. with Flocks Thrums Noyles and Hairs c. shall be made or suspected to be made upon Information or Complaint of any of the said Overseers c. Searchers or any other of their Knowledge or Suspition of any such Offence to grant their Warrant to call before them any person or persons whatsoever that shall be thought in their discretions fit to discover any such Offence Proof And to examin upon Oath such person § 4. N. 4. c. for the tryal and better finding out of the Offence aforesaid and if upon Examinations it shall be found by Testimony of two Witnesses or more or by the Confession of the Party or Parties offending that any such Offence c. have been committed as aforesaid then the Party c. that shall so confess his or their said Offence c. or who shall be found to have offended shall remain convicted of such his Offence c. Certificate And that then it shall and may be lawful for the said two Iustices § 4. N. 5. to certifie such Offence c. unto the Church-wardens and Overseers for the time being of the Poor of the Parish c. where such deceivable Cloth c. shall be made under the Hands and Seals of the said Iustices Process And be it further Enacted § 5. N. 1. c. that immediately from and after such Certificate
Admiral Mariners Ships Seamen Captains Piracy Poor Souldiers Rogues Navy I. 2 Rich. 2. 4. § 1. N. 3. The King wills and commands all Sheriffs Seamen Mayors and Bailiffs within Franchises and without That at the certification of the said Admirals or their Lieutenants by their Letters thereof viz. Of Mariners departing the King's Service after Wages received to be made testifying the said proof viz. Before them shall incontinent without tarrying make another Commandment of the King our Sovereign Lord to take and attach all Fugitive Mariners by their body within their Bailywick within Franchise and without and put them in Prison there to abide in good and sure keeping till they have made gree to the King c. 18 H. 6. 19. II. By 18 H. 6. 19. § 1. N. 2. And that the Justices of Peace shall have power to enquire of Souldiers that depart from Captains beyond Sea Justices after Wages received c. and to hear and determine the same Ships III. 5 Eliz. 5. § 27. N. 2. That 18 H. 6. 19. in all Pains Forfeitures and other things did doth and hereafter shall extend as well to all and every Mariner and Gunner taking Wages of the King c. to all intents and purposes c. War IV. Lamb. 4. cap. 4. page 422. In charge to Jury at Sessions If any Souldier entred a Souldier of Record and having taken part of the Kings Wages or any Mariner or Gunner having taken prest Wages to serve the King on the Sea have not accordingly gone to his Captain unless he were letted by notorious Sickness c. or have departed from his Captain without his License under his Seal 18 H. 6. 19. 2 3 Ed. 6. 2. § 4. N. 1. 4 5. Ph. Mar. 3. § 2. N. 1. 5 Eliz. 5. § 27. N. 2. But consider whether this entring of Record have any use now Jurisdiction V. 5 Eliz. 5. § 30. N. 1. That all Offences of Transporting Sea-fish Prices Purveyans c. done upon the main Sea or Coasts being no part of the body of any County of this Realm and without the Precinct Liberty and Jurisdiction of the Cinque-Ports and out of any Haven or Pier shall be tryed and determined before the Lord Admiral of England or his Lieutenant or Deputy according to 28 H. 8. 15. for causes of Piracy Justices VI. 5. Eliz. 5. § 30. N. 3. And for all Offences of Transporting Sea-fish Prices eating Flesh Purveyans c. as shall be done in the Land or within any Haven or Pier all Justices of Peace in their Sessions and Mayors Sheriffs and Bailiffs and other head Officers in Cities and Towns Corporate in their Sessions or other Courts within the limits of their Commissions shall have full Power and Authority to enquire of the Offenders of this Act as well by the Oaths of 12 men as otherwise by Information and thereupon to hear and determine the same War VII 5 Eliz. 5. § 43. N. 1. Provided c. and be it enacted That no Fisherman using or haunting the Sea shall be taken by the Queens Commission to serve her Highness as a Mariner on the Sea but that the said Commission be first brought by her Highness Taker or Takers to two Justices of Peace next inhabiting to the Sea-Coasts Towns or other places where the said Mariners are so to be taken to the intent the said Justices may chuse out and cause to be returned such sufficient number of able men as in the said Commission shall be contained to serve her Majesty c. Lamb. 355. Dalt 86. cap. 34. Cromp. 200. License VIII West Sym. 2. part 128. Sect. 195. An Indictment for breaking of a safe Conduct granted by King H. 6. to Merchant-strangers of Genoua see 20 H. 6. cap. 1. Cromp. J. P. 240. b. Pl. 30. Essex ss Juratores pro Domino Rege super sacramentum suum presentant quod eum illustrissimus Princeps Henricus Rex Angliae sextus post conquestum per literas suas patentes sub salvo conductu suo concessit licentiam salvum conductum suum dedit A. B. D. aliis alienigenis mercatoribus de Genoua pro eis quadam Nav ' vocat ' a Carick pro bonis rebus merchandizis suis infra eandem Navem exist ' de transitu Portus Southampton in Anglia per mare versus partes Genoua transfretand ' eadem abfque aliquibus Roberiis fractione impeditione perturbatione aut captione ipsorum alienigenorum bonorum merchand ' sine mercimoniorum suorum predict ' per aliquos ligeos dicti Dom ' Regis infra Regnum dicti Regis Angliae gaudend ' sine impeditione ibid ' quidem H. de D. in Com' E. pred' Armig ' alii fractores salvi conductus Dom ' Regis de ligeis ipsius Dom ' Regis infra Regnum Angliae exist ' ignot ' vi armis viz. Gladiis c. aliis armis tam invasinis que defensibilibus armati salvum conductum pred' minime verentes spernentes in pred' A. B. alios alienigenos ad tunc ibid ' insult ' fecerunt ipsos verberaverunt vulneraverunt male tractanerunt ipsos in Nav ' pred' tanque eorum prisonarios ad tunc ibid ' ceperunt custodierunt eos in Prisona sub custodia sua Diu ' viz. per spatium 4 dierum quousque Iidem A. B. D. alii alien igine in eadem Navi existent ' finem redemptionem pro salvo conductu deliberatione suis habend ' pro sexcent marcis cum prefat ' H. aliis predict ' fecissent detinuerunt contra salvum conductum Dom ' Regis predict ' contra form ' Stat ' in hujusmodi casu promisi ac editi contra Dignitatem Regiam ac in malum exemplum aliorum c. Agait or Await see Coron Agnus Dei see Pope Ale Liquors Wine Beer Brewers Hostler Victuallers Inholders Excise I. 9 H. 3. 25. Magna Carta One Measure of Wine Measures shall be through Our Realm and one Measure of Ale II. Cromp. J.P. 94 Nota Exchequer that Popham Ch. J. said that the Measure of Wine and Ale should be all one and that it had been so agreed by the Justices viz. according to the Standard of the Exchequer see Magna Carta 26 25 and 15. R. 2. 4. see 1 Jac. 9. Alter for Ale Dalt 148. infra 80. III. Cromp. 94 b. ibid. But note that the Ale Quart is the greater Wine because the Froth will amount to a little and Wine Froths not and therefore there shall be a nick in the top of a Wooden Can whereby the Measure shall be to which nick the Beer shall come and this was told me by Mr. Wallis Clark of the Market to Queen Eliz. 25 Jac. 1588. IV. Lamb. 3. cap. 2. pag. 349. The authority of some two Justices of Peace the one being of
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
our Order as doth concern the said I. B. and is on his part by this our Order to be done and performed In witness whereof we have put to our Hands the 15. day of March 1635. XLIV 2 Inst 733. on 7 Jac. 4. § 7. N. 2. Women If she will discharge the Parish of the keeping of the Bastard she cannot be punished by this Statute but by 18 Eliz. 3. § 2. N. 2. infra 47. supra 20. XLV 2 Bulstr. 323. 341. pl. 237. Sessions on a Hab. Corp. retorn from Oxon. Littleton moved for discharge of Hamond who for a Bastard-child gave Bond to the two next Justices till the Sessions to appear c. which he did and the Sessions made a new Order and for non-performance of this last Order committed him which per Curiam is illegal and he was discharged on 18 Eliz. 3. § 2. N. 4. XLVI 2 Bulstr 324. 342. pl. 238. in Smiths Ca. Mich. 6 Car. 1. Justices in B. R. per Curiam the next Sessions on appeal must make a final Order 2. Note that upon reading of the Statute 18 Eliz. 3 § N. and conference had among the Judges they all agreed in this that after an appeal to the Sessions and the Justices there do repeal the first Order the matter then is as res integra before them and they may then grant a Re-reference of the matter to the two next Justices 1 Cr. 470. 3. Note per Curiam that upon 18 Eliz. 3. § 2. N. 5. the Recognizance taken ought to be in the disjunctive viz. to perform the Order made by the two nevt Justices or to appear at the next Quarter-Sessions and to abide the Order there 4. Note also per Curiam on 18 Eliz. 3. § 2. N. 2. that one Justice of Peace by his Warrant may commit 5. Note upon 18 Eliz. 3. § 2. N. 5. It was moved that after the two next Justices have made an Order under their Hands whether one of them may afterwards disavow this or not and if he so do what is then to be done as here one did but no opinion as to this Women XLVII 2 Bulstr. 330 331. 348 349. pl. 244. by Jones Justice of Assize at Salop 1631. March 7 Car. 1. she that hath a second Bastard shall not be punished upon 7 Jac. 4. § 7. N. 2. as for her second offence unless she had been before question'd and punish'd for her first offence but she might have been punish'd for her first offence either by 18 Eliz. 3. § 2. N. 2. or by 7 Jac. 4. § 7. N. 2. Supra 44. Poor XLVIII 2 Bulstr 328. 346. pl. 242. in Gerrards Ca. it was said by Whitlock and Crook Justices on reference Mich. 7 Car. 1. that if the poor Child to be relieved be a Bastard-child this is clearly out of the Statute of 43 Eliz. 2. § N. Quaere contra 2 Bulstr 331. pl. 345. Indictment XLIX West Symb. 2 part 153. sect 323 An Indictment for keeping a Bawdy-house Pract. Preccd 186. Midd. ss Juratores pro Domino Rege super sacramentum suum presentant quod N. W. de A. in Com' predict ' Taylor E uxor ejus c. sunt communes Lupinar ' diversis diebus vicibus ante diem hujus Inquisitionis in domibus suis scituat ' c. manutenuerunt hospitium Lupinar ' necnon diversas personas suspect ' ibid ' ludentes ad luda illicita viz. Tables Cards c. tam in die quam in nocte post horas debitas ei legitim ' ad gravamen Inhabitantium ibidem ac malum exemplum omnium aliorum ligeorum Domini Regis c. L. Kilb. Preced 2 Edit 37 An Order for relief of the Parish touching a Bastard-child c. Pract. Preced 237 on 18 Eliz. 3. Kent ss THe Order of us W. B. and R. K. Esqs two of his Majesties Justices of the Peace of the said County whereof W. B. is of the Quorum and both residing within the limits where the Parish-Church of H. in the County aforesaid is the 19 Apr. An. 1672. according to the form of the Statute in that case made and provided touching the Male Bastard-child late born in the Parish of H. aforesaid of the Body of A. G. of the same Parish single woman the keeping of which said Bastard-child hath ever since the Birth thereof been and still is chargable to the Parish aforesaid and so likely to continue chargable First upon our Examination of the cause and circumstance and due consideration thereof by us had we do adjudge W. S. late of H. aforesaid Taylor the reputed Father of the said Bastard-child And for punishment of the said Mother and reputed Father and the better relief of the said Parish we do hereby order as followeth We do order that the said Mother shall by the Constable c. of the Hundred of Great B. in the said County or by some or one of them upon the 10. day of c. between the hours of nine and twelve in the Forenoon in the Common-Highway at or near c. in the Parish aforesaid be stripped naked from the middle upwards and then and there shall be tyed to the Tail of a Cart or Dung-Court and being so stript and tyed shall be there openly whipped until her Body be bloudy We do also order that the said reputed Father shall by the Constable c. of the Hundred aforesaid or some or one of them upon the 10. day c. between the hours of c. in the Forenoon in the Common-Highway in the Parish aforesaid over against the dwelling-house of I. S. there be stripped naked from the middle upwards and shall then and there be tyed to the Tail of a Cart or Dung-Court and being so stripped and tyed shall be from thence drawn to the Watch-house aforesaid and on the way well whipped in such manner as in such cases is accustomed We do further order that the said Mother shall within three days next after notice of this our Order render her Body to the said Constable c. or to some or one of them ready to undergo her punishment before ordered We do likewise further order that the said reputed Father shall within six days next after notice given unto him of this our Order pay or cause to be paid to the Overseers of the Poor of the Parish aforesaid or to some or one of them 20 s. of lawful money of England towards the monies by them disbursed before the said notice given for or towards the charges of the keeping of the said Bastard-child from the time of the Birth thereof until the time of the giving of the said notice And that upon every Friday which shall be next after the end of the said six days until the said Bastard-child shall attain unto his Age of ten years the said reputed Father shall likewise pay unto the Overseers of the Poor of the said Parish for the time being
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
For a Justice of Peace hath no Authority but in the County where he is a Justice 13 Ed. 4. 8. Coron 37. and therefore it may be doubted also whether such a Warrant be good or no. XXXIV Lamb. 92. But if it fall out that he refuse to come and put in such Surety then may the Officer by virtue of his Warrant convey him to Prison for the words of the Commission § 5. are And if he shall refuse then c. And if he add resistance to this refusal and make assault upon the Officer then may that Officer justifie the beating or hurting of him 21 H. 7. 39. per Fineux Dalt 167. cap. 69. 3 H. 7. 3. per Brian False Imprisonment Br. 21. XXXV Lamb. 93. To this Arrest for the Peace all Lay Persons under the degree of Lords or Peers of the Realm be subject and Ecclesiastick persons if they be not attendant upon Divine Service may be Arrested for the Peace also by Marrow Release XXXV Lamb. 93 94. For as it seemeth to some that any Justice of Peace may upon his offer take the Surety and deliver him so it may be some doubt whether he may be delivered upon the Death or Release of the party without the help of a Sessions or Goal Delivery Dalt 167. cap. 69. 176. cap. 71. Priviledg XXXVI Lamb. 94. It appeareth 4 Ed. 4. 16. pl. And by the opinion of Brian 2 H. 7. 2. 4. That if such an Imprisoned person had a suit hanging in the Common Place aforehand he might by a Writ of Priviledge be discharged of the Imprisonment if the Party at whose suit he was Arrested for the Peace were not ready in Court at the day of the Return of the Writ when he should be called to pray there again the Surety of the Peace against him and he saith that it had been alwayes their common Course so to do but other there were of a contrary opinion and it seemeth a hard Case that without any sufficient notice of such a removing of the Party a man should be defeated of his Surety for the Peace Crumpt 141. b. 142. b. 143. Dalt 167. cap. 69. 186. cap. 73. XXXVII Lamb. 94 95. But now if the party shall yield to find Surety of the Peace then may he be at his Liberty if the Precept proceed ex officio Justices 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. suprà 30. Tho Mr. Brook Peace Br. 9. and Faux Imprisonment Br. 11. liketh better to give the Election thereof to the Officer 5 Co. 59. b. and I do remember that a Justice of the Peace was by Order in the 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 his Fellow Justice to whom the party as he alledged durst not go to give it for fear that he would Execute upon him the malice that he bare against him Crumpt 140. b. 144. Jurisd 31. Dalt 166. cap. 69. XXXVIII Lamb. 95. But here again the Officer had need be advised lest he find much trouble in following the Party whither he shall please to lead him for as there may be just Causes to yeild unto the request of a man that shall dislike to be brought before that Justice which gave out the Warrant either for some matter of private displeasure or for the great distance of his Dwelling or for other Reasons so yet without good Allegation made I allow not that the Officer shall be drawn out of the Division and Limit where both he and the party do Dwell for in so doing the Officer and not the Offendor may seem to be punished by the Service Dalt 166. cap. 69. XXXIX Lamb. 95. 96. Hereupon also it happeneth often Supersedeas that such Persons chusing rather to be bound by any other then by him that maketh the Warrant do offer themselves and do become bound before some other Justice and do withal procure a Supersedeas from him to be discharged of any other Arrest to be made upon them yea and many times hearing of such precepts and misliking to be bound in the Country they go up to Westminster and give Surety of the Peace there either in the Kings-Bench for a time only as the manner of that Court is or in the Chancery forever or for a time as they use it and do thereupon procure a Supersedeas from the Court where they are bound to close the hands of the Country Justices Crumpt 138. b. § 9. 144. b. 145. b. Dalt 168 169. cap. 69. XL. Lamb. 96. If therefore a Justice of the 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 after the self same sort in all points as the Form of the former Precept doth require for as it is good reason that having taken Surety for the Peace he may by his Supersedeas save the party from finding other Surety for the self same Cause So is it not reasonable that he should proceed otherwise then according to the first Precept and thereby discharge a matter of Record that was made by one of equal Authority with himself Fitz-herb 9. Crumpt 138. b. § 10. Infrà 99. XLI Lamb. 96 97. Supersedeas But this Supersedeas sent by a Justice of Peace is sufficient although it neither name the Sureties nor contain the Sums in which they are bound yet is it the better form to express them both as well because the higher Courts use so to do as also that if the Bayliff Constable or other Officer to whom it is delivered be called at the next Sessions by the Suit of him that sought to have the place to shew he hath Executed his Warrant and to come in and shew forth the Supersedeas then the Party that is bound may be called thereupon at the day that appeareth to be Limitted unto him by the Supersedeas for it is under the Seal of a Justice and doth testifie that the party is bound and hath found Surety to appear at a certain day and if he make default that being recorded shall be sufficient to cause him to forfeit the Penalty of the Recognizance altho the Justice that Awarded it shall omit to bring the Recognizance it self according as he ought now to do by 3 H. 7. 1. § N. and this may be Gathered upon the opinion 2 H. 7. 4. Surety Br. 13. Priviledg Br. 52. and may also be seen by this Form of the Supersedeas under-written XLII Lamb. 97 98. W. S. Esq one of the Justices of the Peace of our Soveraign Lord the King within the County of K. to the Sheriffs
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
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.
1. saith Mr. Marrow if the Indictee be imprisoned in another County the Justices of Peace may Award an Habeas Corpus to remove him before them XVII Lambert 518. Nosme But if it be mentioned in the Endictment that the Endictee is dwelling in another County by the Alias Dictus only then it is out of the Case of the Statute of 8 H. 6. 10. § 2. N. 1. because the Alias dictus is not to be traversed 1 Ed. 4. 1. Crompt 149 b. 150 a. XVIII Lambert 518 519. Supersedeas But yet you must prseuppose that all this Process of Utlary may be staid by Supersedeas And F.N.B. 237. E. hath the Case That if an Exigent go out upon an Endictment of Trespass found before Justices of the Peace the Party may find Sureties in the Chancery body for body to appear at the day of the Writ and may then also have a Supersedeas thence to the Sheriff commanding him to forbear to take him and to let him go if he then have already taken him for that Cause And Co. Entr. 546. The Process upon such an Endictment staid by a Supersedeas issuing from one Justice of the Peace alone and testifying that the Party came before him and found Surety de fine assidendo Crompt 150. But as I believe the former so will I not perswade the Practice of the latter because I think it not in the lawful power of any one Justice of Peace to Award any such Warrant but that it must be done by two Justices of Peace at the least the one being of the Quorum as the Commission now standeth XIX Lambert 519. Endictment It seemeth by Mr. Marrow that the Process at the Common Law upon Indictments of Felony was but one Capias and then an Exigent for so it was upon an Indictment of Death 22 Ass 81. Stanf. 67. 2. But the old Precedents grounding themselves upon the Statute 25 Ed. 3. St. 5. cap. 14. do use the mention of two Writs of Capias before the Exigent For 25 Ed. 5. Stat. 5. cap. 14. § 1. N. 2. provideth that after the retorn of Non est inventus upon the first Capias another Capias shall be incontinently Awarded whereby the Sheriff shall be commanded to seize the Chattels of the Indictee and safely to keep them till the day of the Capias retorned and if he then also retorn Non est inventus and the Endictee cometh not in the Exigent shall be Awarded and the Chattels shall be forfeited But 25 Ed. 3. St. 5. cap. 14. § 1. N. 5. if he come and yield him or be taken before the retorn of the second Capias then the Goods and Chattels shall be saved unto him Lieu. XX. Lambert 520. And here also the Justices of Peace have power to send into a foreign County 2. For whereas by the Common Law no man could be attached upon an Indictment or Utlary of Felony but only in the County wherein he was Indicted or Outlawed whereby many Evil men were much encouraged 3. The Statute 5 Ed. 3. 11. § 1. N. 2. did take order that Justices assigned to hear and determine Felonies might direct their Writs to any County in England to take such Endictees whither soever they were removed Crompt 149 b. 4. On the other side if the Endictment be found in one County and the Indictee is therein named to be then dwelling in another County supra it appears what Process is to be c. Information XXI Lambert 520 521. The power of making Process upon Informations proceedeth from special Statutes and may not therefore vary from their Directions although they themselves do vary greatly one from another 2. For upon an Information given for the King before Justices of the Peace upon 8 Ed. 4. 2. § N. of Liveries they shall Award such Process as is made upon an Original Writ of Trespass done against the Kings Peace because the Information it self is by force of that Statute instead of an Original Writ Crompt 151. 3. And upon Information made unto them that an Alehouse-keeper hath done any act whereby he hath forfeited his Recognizance they may as supra Award Proces against him to shew Cause why he should not forfeit his Recognizance by 5 6 Ed. 6. 25. § 3. N. 2. but learn if that be meant of a Scire Facias or of some other Process Supplicavit XXII F. N. B. 250. G. And if a Man be Indict of Trespass before Justices of Peace and put in Prison by Process made thereon he may sue a Writ in the Chancery directed to the Sheriff that he take Surety of him to appear before the Justices at the Sessions c. and that he let him at large but the Justices of Peace may let him by Mainprise go at large if they will Certiorari 2. F. N. B. 250. H. And if a Man be Indicted of Trespass before Justices of Peace and be taken and put in Prison therefore he may sue a Certiorari to remove this Indictment in B. R. directed to the Justices of Peace and a Writ of Habeas Corpus directed that he bring the Record at his proper Charges before the King at the same day in his Bench c. Crompt 150. Market overt 3. F. N. B. 250. ◠And if a Man be Indicted of Forestalling and taken and put in Prison therefore he may sue a Writ in Chancery directed to the Sheriff that he take surety of him to appear before the Justices to answer of the Trespass c. and that then he may let him at large Crompt 150. infra Arrest XXIII Lambert Constable 16 17. And as these Officers ought to Arrest those that do make assault upon any private Person so also may they Arrest any such as shall make Assault or Affray upon themselves whilst they be in doing their Offices and may for that purpose both lawfully defend themselves and also take the Offenders and commit them to the Goal or carry them to a Justice of the Peace for the finding of Surety of the Peace 2. But if one do Assault a man in or nigh the High-way to rob him and be taken by the true man or by any other and be brought to the Constable or such other Officer of the Peace then ought such Officer not only to take him to his Ward but also to carry him before a Justice of Peace to cause him to give Surety of his good abearing 3. So if any man do suspect another of Murder or Felony and do declare the same to any such Officer of the Peace then such Officer may Arrest the suspected person and he shall do well do carry him to a Justice of the Peace together with him that doth suspect him to the end that they both may be Examined as appertaineth supra 4. Yea any Constables Borsholders Tythingmen c. may search within the Limits of his Authority for any persons suspected of Felony for it is a chief
a Supersedeas proceeding out of the Chancery will discharge 〈◊〉 Surety of the Peace taken before the Justices in B. R. much more then will a Supersedeas sent out of the Chancery or B. R. discharge a Precept for the Peace that is Awarded from an Inferior Justice of the Peace and if a Justice of the Peace to whom a Supersedeas out of such high Court shall be delivered will not thereupon Surcease an Attachmnet may be awarded against him for his contempt and he may be Imprisoned and fined for it Crompt 145 b. 9. It is good Counsel therefore given F. N. B. 238. where he willeth the Justice of Peace after sucâ— a Supersedeas received to forbear to make any Warrant to Arrest the Party And if they have Awarded it then to make their own Supersedeas to the Sheriff and other Officers thereby commanding them to Sâ—rcease to put it in Execution III. Lambert 123. And the like imitation of a Release of the Peace or good Abearing Tit. Peace 69. may be used also for a Supersedeas of the good abearing if at the least that be grantable by the Justices of the Peace Dalt 366. cap 122. infra IV. Lambert 112 113. Furthermore if a Man be bound before a Justice of the Peace to keep the Peace against all the Kings People and to appear at the next Quarter-Sessions and do afterwards procure a Supersedeas out of the Chancery testifying that he hath found Surety therâ— against all the King-People for ever this will Discharge his Appearance at the Sessions because thâ— granting of this Supersedeas is the Act of the King which is the Fountain of Justice and controlleth all other derived Authorities Fitzh 9. Dalt 169. cap. 69. Crompt 139. § 12. 2. But if that Supersedeas should testifie that he hath found Surety in the Chancery only untill a certain day which day is after those Sessions then Mr. Fitzh thinketh that his Appearance at the Sessions shall not be discharged by the Supersedeas Crompt 139. pl. 4. 10. 11. 3. In both these Cases also I would advise the Justice of Peace to send in as well the Recognizance as the Supersedeas if it come to his hands for peradventure the Recognizance was broken before the Supersedeas purchased or if it were not yet he shall be excused and the Recognizor never a whit the more endangered thereby V. Lambert 157 158. It is I know the Opinion of Marrow that the Sessions on death of that Justice that enquired of forcible Entry Br. 27. may grant restitution grounding himself upon the same equity by which the Justices of B. R. are enabled to do it howbeit it may appear Dyer 187. pl. that the Law is otherwise taken both therein and also in the granting of a Supersedeas to stay the Restitution because no Justices can do the one or the other but they only that were present at the Session when the Endictment was found except those of B. R. who for the supposed presence of the King do carry a supream Authority in these Cases of the Crown VI. Lambert 378. Yea if two Justices Quorum unus make a Precept for a Sessions of the Peace all their fellow Justices cannot discharge it by their Supersedeas but a Supersedeas out of the Chancery will discharge it saith Fitzh VII Lambert 518 519. But yet you must presuppose that all this process of Utlary may be staid by a Supersedeas 2. And F. N. B. 237. hath the Case that if an Exigent go out upon an Endictment of Trespass found before Justices of the Peace the Party may find Sureties in the Chancery Body for Body to appear at the day of the Writ and may then also have a Supersedeas thence to the Sheriff commanding him to forbear to take him and to let him go if he then have already taken him for that cause Crompt 145. pl. 10. 11. 3. And again libr. Intr. 546. you may see the Process upon such an Endictment of Trespass staid by Supersedeas Issuing from one Justice of the Peace alone and testifying that the Party came before him and found Surety de fine assidendo Crompt 145. pl. 8. Dalt 366. cap. 122. 4. But as I believe F. N. B. 237. so will I not perswade the practice of libr. Intr. 546. because I think it not in the lawfull Power of any one Justice of the Peace to Award any such Warrant but that it must be done by two Justices at the least the one being of the Quorum also as the Commission now standeth Dalt 366. cap. 122. VIII Crompt 138. pl. 10. But it seemeth that another Justice cannot Discharge Precept to the Sheriff for the Peace made by another and give another day to the Party to appear at any other Sessions than is exprest in the same Precept because one Justice hath no more Authority than another and this Warrant or Precept is a matter of Record which cannot be discharged by another Justice Crompt 122. pl. 133. IX Crompt 138 139. pl. 11. And if a Man be obliged by Recognizance before any Justice of Peace to keep the Peace against all the Kings Lieges and to appear at the next General Sessions in the same County now another Justice of Peace cannot grant a Supersedeas that he shall appear at any other Sessions and not at that Sessions to which he is obliged by Recognizance to appear because he cannot discharge that Recognizance so taken by the other Justice and the Justice is bound by 3 H. 7. 1. § 1. N 26. to certifie the Recognizance at the next Sessions and the Party shall be called thereon Fitzh 8 but Nota there is no Penalty to the Justice if he doth not certifie by the said Statute X. Crompt 144. 145. pl 1. If a Supplicavit be Awarded out of the Chancery against one to find Surety of the Peace in the County and the Party cannot travel because of infirmity or otherwise will not travel himself to the Chancery he may find Surety there to keep the Peace and shall have a Supersedeas in the County and in this Writ it shall be sent to the Justices to take Surety of the Party himself and by this means his Travel may be saved see F. N. B. 81. like matter and Dalt 168. and 169. cap. 69. 2. A Man hath a Supplicavit of the Peace out of the Chancery to bind A. B. to the Peace and to certifie the Recognizance in Chancery without delay now if A. B. be taken he shall be bound to the Peace for ever for it is not contained that he shall bind himself to keep the Peace untill a certain time but generally Crompt 242 b. therefore to prevent this A. B. before he is attacht must bind himself in the Chancery untill a certain day and shall have a Supersedeas into the County to the Justice and Sheriff to cease to compel A. B. to find Surety upon the said Writ of Supplicavit 3. A Man found Surety of the Peace in C. B. untill