' non haberet sive non haberent aliquas Aures ita quod illius modi Poenam subiret ut prefertur quod tunc ipse vel ipsi signarentur in Bucca Anglicè Cheek Ferro candenti Angl ' a hot Iron habent Hanc literam F. per quam ipse vel ipsi cognosci haberi possint pugnar ' affectores pugnatores ultra hoc quilibet talis persona foret staret ipso facto excommunicat ' prout in statut ' plenius Continetur Quidam tamen G. B. nuper de S. c. 2 Die Junii c. vi Armis viz. c. cum quodam Pugione in quendam T.C. in pace Dei Dict' Domini Regis existent ' apud C. in Com' E. predict ' in Coemiterio Ecclesiee Parochialis de C. predict ' Insultum fecit ipsum T. super Caput suum ad tunc ibidem malitiosè percussit alia Enormia ei intulit ad grave Damnum ipsius T. contrà Pacem dicti Domini Regis nunc c. ac Contra form ' Statut ' predict ' c. Cinque-Ports Peace I. Dalt 163. cap. 68. If a man hath cause to have Surety of the Peace against one dwelling in the Cinque-Ports he must have a Writ out of the Chancery directed to the Constable of Dover and to the Warden of the Cinque-Ports the form thereof see F.N.B. 80. Circumstances see Proof c Examination Citation see Ordinary Claim see Market Overt Clergy see Coron Clerk of the Market see Market Overt Clerk of the Peace see Peace Cloth see Draperp Cod see Fish Coertion see Process Duress Coffee-houses see Ale Collectors see Account Taxes Collusion Fraud Covin Cheats Cozening Deceits Counterfeits Forgery Forgery I. 33 H. 8. 1. § 3. N. 1. Two Justices of Peace in every County whereof one to be of the Quorum shall have power to call and convent by Process or otherwise to the said Assizes or general Sessions any suspected of gaining money by false Tokens or counterfeit Letters c. and to commit him or them to ward or let him or them to Bail till the next Assizes or general Sessions there to be examined and further to be ordered by their discretions Dalt 47. cap. 17. Good behav II. Dalt 47 48. cap. 7. Also it seemeth that any one Justice of Peace may bind such offender as Cheaters to their Good behaviour and so to the next Assizes or Sessions of the Peace or else may send such offenders as idle and disorderly persons to the House of Correction there to be continued until the next Assizes or Sessions and then and there to be forthcoming yet Quoere of sending them to the House of Correction Commission see Justices Commitment see Imprisonment Common-Prayer see Religion Common I. 32 H. 8. 13. § 6. N. 1. Shall be driven at the Feast of St. Michael Days or within 15 days next II. Lamb. 475 476. Enquiry in Sessions Forest if any have put to feed in any Forest Chace Moor Marsh Heath Common or Waste ground within this Shire where any Mares are used to be kept any Stoned Horse being above two years old and not being fourteen handfuls high between the lowest part of the Hoof and the top of the Wither if any such Forest or Grounds have not been yearly driven within 15 days after Michaelmas by the Owners or Officers thereto appointed 32 H. 8. 13. III. West Symb. 2 part 112 b. sect 132. Indictment An Indictment for Inclosing of a Common c. Crompt 260. pl. 92. Juratores pro Domino Rege super sacramentum suum presentant Essex ss quod est à tempore quo memoria hominum non existit fuit esse consuevit apud Villam de A. in Com' E. predict ' quaedam antiqua Communia vocat ' M. eidem Villae adjacens ac per spacium unius milliarii ab eadem Villa extendens pro omnibus hominibus tenent ' infra Villam predict ' moram trahentibus cum bobus afris porcis bidentibus aliis averiis suis per totum annum infra Commumniam predict ' depascend ' quodque omnes illi infra Villam predict ' moram trahentes à tempore quo memoria hominum non existit infra Villam predict ' Communiam pro Averiis suis predict ' ibidem habuere debuerunt consueverunt quousque R. C. cum aliis ignotis de Communia sua ei associatis vi armis scil gladiis c. 10 die c. Anno regni c. apud A. in parochia de A. predict ' de Communia predict ' injuria sua propria absque titulo clameo seu possessione per ipsos habitis mille acras ibidem cum sepibus fossatis sibi inclusit obstupavit illas sic inclusas obstupat ' ut separale solum suum à predicto die c. usque c. tenuit occupavit in prejudicium damnum nocument ' impediment ' omnium hominum tenentium predictorum infra Commumniam predict ' Communiam habentium necnon contra consuet ' predict ' contra pacem dicti Domini Regis c. Concealment see Omission Condition see Recognizance Confession see Proof Congregation see Riot Conies see Forest Cattel Coyn see Money Conjuration Witchcraft Prophesies Egyptians I. LAmb. 4. cap. 4. pag. 410 411. Enquiry in Sessions Slander if any person have within these six months advisedly advanced published and set forth by writing Printing open speech or deed to any other person any fantastical or false Prophesie upon Arms Fields Beasts or Badges or upon any Time Name Bloudshed or War to make thereby Rebellion dissention loss of life or other disturbance within the Kings Dominions 5 Eliz. 15. § N. Crompt 52. a b. II. Lamb. 410. Enquiry in Sessions Coron if any person have used Invocation or Conjuration of any evil Spirit for any cause or consulted with fed or rewarded any evil Spirit for any intent 2. Or have taken up the dead body of any Man Woman or Child or any part of any dead person to be used in any manner of Witchcraft Sorcery Charm or Inchantment 3. Or have used Witchcraft Inchantment Charm or Sorcery whereby any person hath been killed destroyed wasted consumed pined or lamed in his Body or part thereof 4. If any have undertaken by Witchcraft Inchantment Charm or Sorcery to tell in what place any Treasure of Gold or Silver might be found or where Goods lost or stoln should be become or to the intent to provoke any person to unlawful Love or to destroy or impair any persons Goods or to hurt any person in Body although the same were not effected 1 Jac. 12. § 3. N. 1. Crompt 52 b. Hales Pleas of the Crown tit Witchcraft Clergy III. Lamb. 556. Conjurers or Witches their aiders or counsellors shall neither have Sanctuary nor Clergy 1 Jac. 12. § 4. N. 2. Proof
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
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
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
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