S. Esquire c. to the Constable of Dale Whereas c. 6. The Warrant may be directed to any Officer as the Sheriff his Bayliffs Constables Tything-men or to others that are no Officers thus To the Sheriff of the County of G. or to the Bayliff Itinerant of the County of G. or to the Bayliff of the hundred of R. or to the Constable of the hundred of R. in the County of G. or to the Constable of the Town or Village of Dale or to the Tything-man of Dale as the Officer there is called if it can be known Otherwise the best way is to direct it to all the Constables and Tything-men of Dale within the County of G. and every of them Or it may be directed to all these Officers together to the Sheriff and to all Bayliffs High-constables of Hundreds and Constables and Tything-men of Towns and Parishes within the County of G. and every of them jointly and severally Or it may be directed to these Officers and to others that are no Officers together Or to them that are no Officers alone thus To I S. and W S. both of Dale in the County of Glouc. and to either of them But this must be understood of Warrants of the Peace good Behaviour and such like Warrants wherein the Justice of the Peace is left at liberty to direct his Warrant to whom he will For if the Law doth direct him to whom he must send his Warrant as divers Acts of Parliament do some of them appointing him to direct his Warrant to the Constables some to the Constables and Churchwardens some to the Churchwardens some to the Constables or Churchwardens some to the Churchwardens and Overseers of the Poor He in these cases that makes the Warrant must take great care that he do pursue the direction of the Statute punctually for it is dangerous to vary from it ever so little And therefore the Title set down in the Presidents for the Warrants must be followed and not altered And when the Title of direction is to more then one there it is good to add these words And to every of them and to say in the body of the Warrant These are to authorize and require you and every of you But the best way is to direct it to the common and known Officer which is the High-Constable of the Hundred or Constable of the Town in all cases where it is left to the Justice of Peace to direct it to whom he please 7. The word greeting To I S. c. Greeting used in Warrants may be left out so may these words of Addition To the Justices of our Lord the King assigned to keep the Peace and to hear and determine Felonies c. and it is enough to say Justices of the Peace of or within the County of Gloucester 8. It is not amiss to say the place wherein the Officer dwels to whom the Warrant is directed is within the County To the Constable of Dale within the County of Gloucester And so of other places named within the Warrant to say they are within the same County 9. It is not amiss if the Warrant recite a Conviction of an offence to let it express where the offence was done thus I S. being convict before me that he was drunk at Dale in this County because in many cases the forfeiture is given to the poor of the place where the offence is done 10. It is good also now to express the time when the offence was committed thus I S. being duly convict before me that he was drunk at Dale in this County the first day of May last or within three moneths last past or since the first of May last past that it may appear the offence was done since the general Pardon and in some cases this is if not necessary yet very convenient when the offence is by the Law to be punished within a certain time or not at all there it is good to say that the offence was done within that time 11. It is good also to express the place of the making of the Warrant and it must be some place within the County thus Dated at Dale given under my Hand and Seal at Dale in the same County But if it say it was dated at one place and be dated at another place yet the Warrant is good and it shall be taken to be dated where the Warrant doth say it was dated 12. The day and year also being the time of the making of the same Warrant must be expressed in the Warrant 13. The Warrant being a Warrant of Arrest may be to require the Officer to bring the offender before the Justice that makes the Warrant or before him or some other Justice of the County and either of these forms is good but the best form is to require the Officer to bring him before the Justice of Peace himself that made the Warrant 14. In every Warrant for the Peace or good Behaviour where Sureties are to be found or required the Warrant ought to contain the special cause or matter to the intent that the party arrested may be provided with Sureties But if it be for some great crime the cause may be concealed 15. In every Warrant to command an Officer to carry a man to Goal it is not amiss to insert a clause at the end of the Warrant to command the Gaoler to receive him to this purpose That you him convey to the common Gaol of this County and him deliver to the Gaoler or his Deputy there who are hereby required him to receive and detain in their custody as a Prisoner until he shall be from thence delivered by a due course of Law 16. There is a necessity in it that the Justice of Peace do subscribe his name to his Warrant But that he should put to his Seal in every case is not needfull for in a Warrant of the Peace or good Behaviour it is not needfull nor where an Act of Parliament saith That the Justice by Warrant or by Warrant under his hand may do such a thing But if the Law say He may or shall do it by Warrant under his Hand and Seal there the Warrant must be under his Hand and Seal or it is not good And therefore heed must be given to our Presidents herein where we say Given under our Hands and Seals and in those cases the Justice must put his Hand and Seal to the Warrant or it is not well done And for this cause we do advise the Justice to put his Seal to every Warrant 17. There is little difference between a Warrant of Commitment and a Mittimus for both are to do one thing and they differ a little onely in the form It will be easie therefore to make one of them by the other 18. It is usual to grant Warrants against offenders upon penal Laws to bind them over to Sessions before they be indicted of the offence in cases where there is no special
rate These are therefore to authorize and require you in case it be so that no distress be now to be found or had and that they do still refuse to pay the same rate that you do apprehend the said To commit to prison for lack of distress persons and them do convey to the common Gaol in the Castle of Glouc. there to remain without Bail or Main-prize till they pay all the same money taxed and the arrears thereof from them due respectively Dated c. I. S. 10 s. W. S. 5 s. c. This Warrant we think to be scarce warrantable by Law and shall not advise any Justice to make it without good advice But if he will adventure let him be sure that the thing is true that he doth refuse and there is no distress To the Churchwardens and Overseers of the Poor of the Parish of Dale in the County of Gloucest 7 Glouc. ss W S. c. Information being given and complaint being made to us that I C. and L M. of your Parish the late Churchwardens and Overseers of the Poor of the said Parish did at the end of their year make and yield up to the Justices of the Peace of the County an account of the sums of money by them received and paid To distrain for arrears of accounts in the Officers hands And that it appeared by the same account that there was ten pounds in money in the hands of the said Church-wardens and Overseers the which they have not paid and delivered over unto the Overseers and Churchwardens newly nominated and appointed for this year contrary to the Statute in that case provided These are therefore to authorize c. that you levie the same of the goods of the said I C. and L M. and in case no distress can be had that then c. as in the last changing that which is to be changed leaving out respectively every where Dated c. 8 Glouc. ss To compel the Over-seets to accompt W S. c. For as much as A B. and C D. of the Parish of E. the late Churchwardens of the same Parish and F G. and H I. the late Overseers of the Poor of the same Parish have been duly required to come before us and bring in an account of their receipts and disbursements in the time of their Office according to the Statute in that case provided and they refuse so to do These are to authorize and require you to apprehend all the said late Churchwardens and Overseers of the Poor and them to convey to the common Gaol within the Castle of Gloucester there to abide without Bail or Mainprise until they have made a true account and paid to the present Overseers and Churchwardens all the money that upon their account shall appear to be remaining in their hands And hereof c. Observations upon this Warrant I shall not assure you that this Warrant iâ— legally to be granted by the Justices or may be safely executed by the subordinate Officers for the Statute doth not direct how the Offenders shall be convicted However if the Justices grant such a Warrant as this or that before for lack of distress they must be sure they do it upon a sure ground to wit that the thing be true they do go upon viz. That they do refuse to accompt or that there doth want distress c. Otherwise it is dangerous To the High Constable of the Hundred of W. 9 Glouc. ss To call in the old Overseers of the Poor and to name new ones W S. c. These are to authorize and require you to send your Warrants to all the Petit Constables and Tythingmen of your Hundred to give notice to all the Churchwardens and Overseers of the Poor of their several Parishes respectively that they or some of them be at the house of c. day and place with a true and perfect account in writing of all the sums of money by them received or rated and sessed and not received as also of such stock as is in their hands or in the hands of any setters of the Poor to work and of all other things concerning their Office and the same first examined and allowed by some of the most substantial persons of their Parishes under their hands And also that they do then and there give us in writing the names and sirnames of three or four of the most substantial inhabitants in their several Parishes that we may chuse some of them to be Overseers for the Poor of each several Parish for the next year And hereof c. To the Churchwardens and Overseers of the Poor of the Parish of G. 10 Glou. ss To levie 20â— for their neglect in their Office W S. c. Complaint being made to us against I H. one of the Overseers of the Poor of the Parish of Dale in this County for this year that he hath not met with the rest of the Officers there monethly in the Church on the Sunday according to the Act of Parliament in that case provided whereby he hath forfeit 20 s. These are therefore to require and authorize you to levie the same twenty shillings of him by way of distress and sale of his goods rendring to him the overplus And the same money so received that you â—mploy to the use of the Poor of your Parish Given under our Hands c. Observations upon this Warrant This Warrant is commonly made but I cannot tell how warrantably for there is no way of conviction set down in the Statute for this offence and then I take it it must be by indictment and can be no way else But let him that grants this Warrant be sure that the cause thereof be true and let him be well advised that the Warrant be good 2. The same Law will be if they do not accept the Office set their Poor on work make rates to raise money and place poor children Apprentices and the like Such a Warrant must be if any be But I conceive its safe to do it by way of Indictment and being convicted upon a traverse then two Justices may send their Warrant to levie the twenty shillings according to the Statute To the High Constable of the Hundred of W. and to all the Churchwardens and Overseers of the Poor of all the Parishes within the same Hundred 11 Glou. ss To bind poor children Apprentices These are to require you to send your Warrants and give notice to all the Churchwardens and Overseers of all the Parishes within your Hundred that they are to be and appear before us some of the Justices of the Peace of this County upon Monday next the day c. at the house c. with a Note in writing of the names of all such poor people within their Parishes respectively as are overburthened with Children so that they are not able to keep their children by their labour and what children they
by the Law he ought to have done whereby he hath forfeited ten shillings to the use of the Poor of the said Parish or to the use of the Bridewel of the County at our election These are therefore to require you to levie the same ten shillings of the goods of the said I S. by distress and sale thereof and to pay over the same money so by you levied to the Overseers of the Poor of the said Parish of Dale to be imployed to the use of the Poor there And hereof c. Given under our Hands and Seals c. To the High Constable of the Hundred of W. in the County of G. 5 Glouc. ss So â—s this W S. c. It being duly proved before us against I S. the Constable of Dale that he hath been negligent in his Office in the correction and convey of Rogues and Vagrants and that upon the first day of May last past one I S. a vagrant idle person being taken begging in Dale aforesaid and brought and offered to him to be punished he did not correct and pass him as by Law he ought to have done but did willingly suffer him to escape unpunished whereby he hath forfeited c. as in the last to the use as in the last to the end Given under our Hands and Seals To the High Constable c. as in the last 6 Glouc. ss Either of these are sufficient This is grounded on 39 Eliz. 4. W S. c. It being duly proved before us against I S. Constable of Dale that he hath been negligent in his Office in the correction and punishment of Rogues and Vagrants And that the first day of May now last past he sent one W K. a Rogue to be conveyed to the place of his birth by a general and illegal Pass or that one I K. a Rogue being passed according to the Law and tendred to him he did willingly refuse to receive him and did suffer him to escape or shift him away or did not pass him to the next Parish according to the Statute in that case provided by which he hath forfeited five pounds to the use of c. as in the last These are as in the last and to bind him to the good Behaviour Given under our Hands and Seals c. 5 Glouc. ss The like may be made against the Church-wardens and Overseers of the Poor for refusing to take one duly sent unto them thus That whereas one I W. a poor person was by a Sessions order sent to be setled in your Town and received there by the Churchwardens and Overseers of the Poor there I S. c. being then Overseers and tendred to them accordingly they wilfully refused To the Constables of Dale in the County of G. 6 Glouc. ss Upon 1 Jac. 7. It being duly proved before us that I S. of your Parish the first day of May now last past did entertain an unknown person a vagrant begging person at his doors and did not bring him to the Constable of the Parish as he ought to have done but gave him an Alms by which he hath forfeited ten shillings to the use of c. as in the last Given under our Hands and Seals To the Constable of Dale in the c. 7 Glouc. ss Upon 1 Jac. 7. It being duly proved before us against I S. of your Parish that one K L. a vagrant Rogue being apprehended corrected and duly sent to your Parish and delivered to the said F B. the Constable of the said Parish the said I S. did rescue and shift him out of the Constables hands whereby he escaped by which the said I S. hath forfeited c. as in the last Given under our Hands and Seals To the Constables of Dale 8 Glou. ss It being proved before us against I S. of your Parish and M. his Wife that they being able to work do threaten to run away out of the Parish and leave their Family to the Parish These are therefore to require you that unless they shall forthwith put in sufficient Sureties for the discharge of your Parish that you do forthwith apprehend the said I S. and M. his Wife and them to carry to the common Bridewel of the County in G. there to be dealt with and detained as sturdy and wandring Rogues until they shall be discharged by order of Law c. Given under our Hands and Seals All these eight Warrants but the fifth must be made by two of the Justices of the Peace and one of the Quorum and under their Hands and Seals 9 Glou. ss W S. c. To the Constables of Dale I S. of your Parish having left his Family on the Parish and being run away from them and being by you brought before me for an incorrigible rogue These are to require you to keep him safe till by order of two Justices of the Peace he shall be delivered Upon 7 Jac. 4. I am not satisfied in the safe granting of this Warrant because there is no way of conviction of the offence set down in the Statute on which it is grounded But for an incorrigible Rogue taken and brought before a Justice of Peace by a Constable in this case I take it warrantable Thus. 10 Glou. ss W S. and T S. c. To the Constable of Dale Forasmuch as I S. of your Parish being brought by you before me for an incorrigible Rogue was by me committed to you to be secured till by order of two Justices of Peace you were delivered of him These are now to require you him to convey to the common Bridewel and there to deliver him to c. there to remain till the next Quarter Sessions and till he shall be delivered by order of Law Given under our Hands and Seals Observations upon these Warrants In case where any are brought as Rogues or incorrigible Rogues to a Justice of Peace by an Officer as such as will not work or run from their Famâ—lies or have a Bastard Child like to charge the Parish or the like In these cases it seems the Justice may send them to Bridewel or to Gaol as the Law is There be noâ—â—ays of conviction set down by these Statutes for the Constable doth first apprehend and he must see that he have good cause to do it But I should choose rather to put them to find Sureties for their good Behaviour and send them to Gaol upon this account 11 Glou. ss It having been duly proved before me that I S. late of c. being an idle wandring person hath counterfeited a false Testimonial under the name of W S. supposing him to be a Souldier landed at Dover and that he was allowed to travel to the place of his birth c. whereas in truth he never was a Souldier neither did he land at Dover nor was he allowed to travel c. These are c. to bind him to the good Behaviour Or
Given under my Hand c. To the Constables as in the last 4 Glouc. ss W S. c. It being duly proved before me that I S. of your Parish did the first day of May last being the Lords day at Dale aforesaid without reasonable cause carry burthens viz. a busheâ— One of these is enough of Wheat to a Mill there or do worldly labour and work viz. drive his Cattel from one grounâ— to another half a mile distant contrary to the Act of Parliament in that case provided By which he hath forfeited five shillings to the use of c. as it is in the last word by word Given under my Hand and Seal c. We give you no Presidents here to levie the forfeitures upon them that serve Process use Coaches or Boats that come in late Saturday night or gâ— out early on a Munday morning nor against then that are singing dancing or tipling in an Ale-house or Miller grinding on this day nor againâ—â— the Officers that neglect to punish them becausâ— we conceive none can be granted against them tilâ— they be convicted which cannot be but by Indictment 5 Glouc. ss W S. and I S. two c. To all the Constables Churchwardens and Overseers of the Poâ— of the Parish of Newent in the County of Glouc Information and Complaint being given in and made unto us That the Prosanation of the Lordâ— day is very much and frequently practised within your Parish by the disorderly meetings of young people by gaming sports and pastimes drinking tipling and by other means contrary to the Laws in that case provided and that you are negligent in the duties laid upon you by the same Laws These are therefore straitly to charge you henceforth to look to it that no such disorders be hereafter among you but that you forbid the same and that you do from time to time acccording to the duty of your places make diligent search for the finding out apprehending and punishing of all them that shall be found offenders herein And that you do inform us hereof as occasion shall be And that you or some one of you appear before the Justices of the Peace at the house of c. upon to bring in the names in writing of those persons who shall in the mean time offend in the premises Letting you to know that if you fail hereof we shall not fail to inflict the punishment appointed by the same Laws upon you for your neglect therein Given under our Hands at the Castle of Gloucest this 21 day of c. CHAP. IV. About Felony To all Constables and Tythingmen within the County of Gloucest 1 Glouc. ss To search for a Felon W S. c. Whereas information hath been given to me that there hath been ten Sheep lately taken away from I S. of D. in this County the which he doth suspect to be stollen and the Felon is suspected to lie hid in some one of the places or Parishes adjacent These are therefore to require you and every of you forthwith to make diligent search in all suspected places with in your Parishes for the said Felon And in case you shall find the Felon or any of the same sheep or shall find any other just cause to suspect any person whatsoever of the same Felony thaâ— you cause the same sheep to be secured and the said Felon to be apprehended and brought before me or some other Justice of the Peace of the said County to be examined concerning the premises And that you warn the said I S. to be and that you your self be also before the same Justice at the time of his examination Given under my Hand this c. To the Constable of Dale within this County 2 Glouc. ss Whereas complaint hath been made to me by N O. that of late he hath had feloniously taken from him certain goods or six Oxen or a gray Mare c. as the case is and that he hath in suspition Another of the same divers and evil disposed persons within your Parish of Dale These are to require you that immediately upon sight hereof you make diligent search in all and every such suspected houses and places within your Parish as you and the said N O. shall think convenient And if upon your search you find any of the said goods in the hand of any person or shall have any other just cause of suspicion of any person that then you bring such suspected person before me or some other c. to answer the premises And hereof c. Observations on these Warrants Some have disliked these Warrants and upon some good reasons also for it is a Rule that no man can arrest for Felony upon the suspicion of another but upon his own suspicion And some unhappy use is oft-times made of these Warrants and honest men abused by them But we conceive that common usage hath made these Warrants justifiable at this day and that the same Justice of Peace upon information may take up the suspicion and proceed upon his own suspicion To the Constable of Dale within this County 3 Glouc. ss Information being given to me upon the Oath of I S. that he hath of late two sheep feloniously taken from him and that he hath in suspicion one To apprehend a Felon T K. of your Town Tailor These are to require you presently upon receipt hereof to apprehend the said T K. and thereupon to bring him before me to answer to the premises And hereof c. Observatians upon this Warrant This Warrant hath been also excepted against but we conceive at this day there is no cause to doubt of it And that Warrants may be granted by a Justice to attach persons suspected of Felony before they be indicted for it But upon an indictment of Felony without question any Justice of Peace may arrest the party indicted by such a Warrant as this which followeth To all Constables as at the first 4 Glouc. ss W S. c. These are to will and require you presently upon receipt hereof to attach the body of A B. who stands indicted for a Felony by an Indictment taken at the last general Quarter Sessions of the Peace for the County of Glouc. And him to bring before me or some other Justice of the Peace of this County to be dealt with according to the Law Or thus And him to carry to the common Gaol within the Castle of Glouc. there to be kept until he be delivered by due course of Law It may be made both these ways And hereof c. 5 Glouc. ss W S. c. To the Constables of c. These are to require you upon sight hereof to warn to To bind men to give in evidence against a Felon be before me or some other Justice of Peace of this County within three days next following the persons undernamed to the end that they may be bound before him to make their
the Parish to Gaol that had not ability in goods or chattels to defray their own charge and the which you the said Constable have laid out of your own purse And this rate having been duly allowed by a Justice of Peace under his hand according to the Statute in that case provided These are to require and authorize you the said Constable to demand the same and in case of not payment to levie it by distress and sale of goods the same goods having been first apprised by four of the Parishioners upon every of the persons not paying the same upon demand And the same money when you have received you may keep and retain to satisfie your self for your disbursement aforesaid And these shall be your Warrant for the same Given c. A Rate made by the Constables Churchwardens and two of the inhabitants of Dale c. And by these other Rates if need be for Quarter Sessions Pavements Bridges and other things may be made As for the Rating for Poor Churches High-ways and in the Plague time see it in those Titles and other places CHAP. XIII About the Charge of carrying a Prisoner to Gaol 1 Glouc. ss For the sale of his own goods Upon 3 Jac. 10. VV S. Esquire c. To the Constable of the Parish of Dale in the County of Glouc. I S. a malefactor being of late by me sent through your hands to the common Gaol of this County in the convey of whom thereunto as you have informed me you have been necessarily inforced to lay out in charges and expences upon him and those that guarded him thither the sum of twenty shillings for which ye have not as yet received satisfaction albeit the said I S. hath an ability of goods and chattels to make you satisfaction These are therefore to authorize and require you forthwith to take and sâ—ll such and so much of the goods of the said I S. within your Parish or elsewhere in this County as shall satisfie and pay you the same money by you laid out but that you do before you sell the same cause the same to be apprized by four of the inhabitants of the Parish where the goods are And that you keep so much of the money as to satisfie your self and deliver to the said I S. all the overplus of the money made by sale of the same goods And hereof c. Given under my Hand and Seal c. Or it may be directed to the High Constable of the Hundred thus Having received information that I S. of D. being late sent from a Justice of Peace by the hand of L M. a Constable of D. within your Hundred to the common Gaol of this County and that in the convey of him thither the same Comstable was forced to lay out in expences upon the Prisoner and those that did attend and guard him twenty shillings which the said I S. did refuse to pay at that time and doth still refuse to pay the said Constable albeit he hath an ability of goods and chattels to do it These are therefore to authorize and require you forthwith to take and sell such and so much of the goods of the said I S. within your Hundred as shall satisfie and pay the same Constable the charges so by him laid out But that you do as in the last with this And the same twenty shillings so by you made of the sale of the same goods that you pay it over to the said L M. And this shall be your Warrant Given under my Hand and Seal at S. in the same County c. CHAP. XIV About Rogues To the High Constable of the Hundred of W. in the County of Glouc. and to all the Petit Constables within the same Hundred 1 Glouc. ss For a general search W S. and L S. Esquires two of c. These are to require you the said High Constable and Petit Constables that you taking sufficient assistance with you do make a general privy search within all the Towns Parishes and Hamlets within your Hundred upon Munday night the first day of May next at night for the finding out and apprehending of all Rogues Vagabonds and wandring and idle persons in or about your said Towns Parishes and Hamlets And such as you shall find in the same search that you do apprehend and bring or cause to be brought before us the next day being the second day of May to the house of c. in D. to be by us dealt withal according to the Statute in that behalf provided At which time and place you are all of you further required to appear before us and then and there to give an account upon Oath in writing and under the hands of the Minister of every several Parish within your Hundred what Rogues Vagabonds wandring and disordered persons have been there apprehended as well in the same search as also since the last meeting of the Justices of Peace made for this purpose being upon or about the tenth of October last And hereof c. 2 Glouc. ss Grounded upon 39 Eliz. 4. W S. c. To the Constables of Dale in the County of Glouc. Forasmuch as one I S. a wandring idle and misorderly person was taken begging in Dale in this County and brought before me These are to require you forthwith him to correct and by a Pass to convey according to the Statute in that case provided Given under my Hand and Seal c. 3 Glouc. ss Grounded upon 39 Eliz. 4. W S. and K L. c. To the Constable of Dale in the County of Glouc. It being duly proved before us that I S. the Minister of your Parish of Dale doth not keep a Register-book there according to the Law in that case provided to record the correction and pass of Rogues by which he hath forfeited five shillings to the use of the Poor or the Bridewells of the County at our election These are therefore to require you to levie the same five shillings of the goods of the said I S. by distress and sale thereof and to pay over the same money so by you levied to the Overseers of the Poor of your Parish to be imployed to the use of the Poor of your Parish And hereof c. Given under our Hands and Seals c. To the High constables of the Hundred of W. in the County of Glouc. 4 Glouc. ss This is grounded upon 1 Jac. 7. W S. and K L. c. It being duly proved before us against I S. the Constable of Dale that he hath been negligent in his Office in the apprehending and punishing of Rogues and that upon the first of May now last past he being the Constable there did willingly suffer an unknown wandring Rogue to pass through his Town and albeit he had timely notice given to him of him and he might easily have apprehended him yet he did not apprehend correct and pass him as
appeared before me the said W S. and the said C D. and E F. have undertaken for the said A B. who is within the age of 21 years to wit either of the said manucaptors in twenty pounds a piece which each of them have acknowledged to owe to our said Lord the King by way of Recognisance to be levied on their lands and tenements goods and chattels to the use of our said Lord the King to wit that the said A B. no damage or ill shall do or procure to be done to any of the people of this Commonwealth in their bodies or burning of their houses and especially to T R. Therefore I require you and every of you to forbear c. as in the rest This may also be to stay proceedings of Arrest or Imprisonment against a man upon good Behaviour or upon a Capias upon an Indictment for Trespass or the like thus 5 Glouc. ss W S. To c. Forasmuch as I S. of c. came before me this first day of c. at Dale in this County and hath found sufficient Manucaptors to be at the next General Sessions of the Peace to be held in this County before the Justices of the Peace there to answer to our Lord the King of certain trespasses contempts and offences whereof he is indicted Therefore I command you c. as in the rest CHAP. XXIII Of a Liberate 1 Glouc. ss W S. c. To the Keeper of the Gaol in the Castle of Gloucest Forasmuch as I S. of c. hath before us found sufficient mainprise to appear before the Justices of the Gaol-delivery at the next general Gaol-delivery to be holden in the said County there to answer the things that shall be objected against him touching the felonious stealing of two sheep for the suspicion whereof he was committed to your Gaol These are to require you in case he be there detained in prison for this and no other cause that you forthwith deliver him and let him go at large Given under our Hands c. 2 Glouc. ss W S. c. To the Keeper c. I S. being by me committed to your custody in your Gaol till he put in sureties for the peace or good behaviour as the case is These are c. as in the last Observations on this If one Justice of his own head commit a man to Gaol or Bridewel he may again deliver him and he need not shew the cause or if it be for the peace or good behaviour to tell the Keeper that he hath taken Sureties we think it safe for a Keeper to have this from a Justice always when he delivers his prisoner By these other Liberates may be made Of a Release I have seen a Release of the Peace by a Justice of Peace that took it and Presidents of Releases of the Peace and good Behaviour but I understand not of what use they are for the party must appear onely the Release of the Peace c. is an evidence that the Prosecutor is not afraid of him and therefore the Court will not probably continue him bound CHAP. XXIV Of a License and Testimonial 1 Glouc. ss To sell Ale W S. and I S. Two of the Justices c. Know all men by these presents That we do hereby license I M. of c. to keep a common Ale-house in L. aforesaid in the house there where he now dwelleth for one whole year next ensuing the date hereof so that he do not during that time suffer any unlawfull Games to be used nor any evil rule or disorder to be done in the same house Dated c. So to brew and sell Beer and keep a common Alehouse c. 2 Glouc. ss To travel on the Lords day W S. c. To all c. I S. of c. where he now liveth having informed me that he had a Father living at D. in the County of S. where he lieth now very sick and he hath a desire to visit him Now know ye that for this cause I do hereby license him to travel upon the next Lords day the direct way to him willing and requiring you not to molest him for the same so he behave himself orderly in his travel Dated c. 3 Glouc. ss Describe him To convey a Rogue I S. a sturdy vagrant beggar of low personage red haired c. and about twenty years was this first day of May openly whipped at W. in the said County according to the Law for a wandring Rogue and is assigned to pass forthwith from Parish to Parish by the Officers thereof the next straight way to P. in the County of W. where as he confesseth he was born or dwelled last for one whole year if the case be so and he is limited to be at P. aforesaid within ten days now next ensuing at his peril Given at W. under the Hands and Seals of W S. Esquire one of c. and I D. the Constable of W. aforesaid 4 Glou. ss For one that hath suffered shipwrack c. Soldier c. W S. c. one c. To all Constables Tythingmen c. Forasmuch as I am credibly informed that I S. the bearer hereof of low personage c. hath been at Sea and there the first day of May last suffered ship-wrack and hath not wherewith to relieve himself in his travel to the place of his birth or last dwelling These are to desire you to suffer him to pass the next way to the said place where he is limited to be within forty days next after the date hereof and not to trouble but rather to relieve him The like may be for a poor Souldier 5 Glouc. ss To travel W S. and I S. two of the Justices c. To all c. The bearer hereof I S. of c. having shew the cause of his travel desired our Testimonial or License for his safe travel to the City of B. shew whither he is to go wherefore we as much as is in us do license him to travel the direct way from H. in the County of G. to the said City so as his journey be not continued longer then twenty days next after the date hereof and pray you to suffer him to pass in peace so as he demean himself orderly And by these a Testimonial may be made for other things as for a Labourer in Harvest-time to go into another Countrey to work or a Servant departing at the end of his year CHAP. XXV Of a Certificate A Certificate of the Presentment or Verdict of the Jury may be made into the Kings Bench the like may be made of the Record of a Force viewed by the Justice These Certificates and the like may be made by the Justice of Peace by way of a Letter inclosing therein the Presentment of the Jury or the Record of the Justice except the same be removed by Certiorari the forms whereof see in the end of