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A59721 The justice of the peace, his clarks cabinet, or, A book of presidents, or warrants, fitted and made ready to his hand for every case that may happen within the compass of his masters office for the ease of the justice of peace, and more speedy dispatch of justice / by William Shepard ... Sheppard, William, d. 1675? 1660 (1660) Wing S3190; ESTC R31195 70,352 144

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power or direction given by the Statute so to do But we dare not advise men so to do being unsatisfied of the lawfulness thereof But we agree it to be clear and safe that after the offender is indicted of the offence and the Bill found or after the offence found by Presentment of the grand Jury to be bound over to the next Quarter Sessions to answer it and also to put in Sureties for his good Behaviour in the mean time if the offence for which he is indicted will warrant it As if he be indicted for selling Ale contrary to the Justices order or the like So also in cases where a Law doth give a special command and power to any Justice of Peace to bind over an offender to the Sessions as the Statute of 5 Eliz. 4. touching Masters and Apprentices the Law of 23 Eliz. 10. touching Hawking in eared or codded corn 1 Ed. 6. chap. 1. 23 Eliz. chap. 10. and some others do In these cases they may bind them over before Indictment But then it is best first to send a Warrant of Summons to call in the party offender before the Justice to answer the matter and then if he appear and he see no cause to forbear to bind him over to do it And if he do not appear then he may send for him and bind him over and bind him to the good Behaviour also for his contempt For which there are Presidents prepared amongst the Presidents set down in this Book 19. Where a Statute doth give power to a Justice of Peace to compel men to do any thing in order hereunto he may send his Warrant to require them to come before him and in case of their refusal proceed in the law 20. The Justices of the Peace may send their Warrants for any thing that doth relate to a special Sessions either to compel appearance or attendance there or execution of any thing there done under their own Hands if they pl●ase or they may let it be done by the Clerk of the Peace as the business of the Quarter-Sessions is done 21. What may be done by the Warrant of one Justice of the Peace alone may be known by the penning of the President for if it be penned to be made by one Justice as W S. c. Whereas it hath been proved before me c. then you may be sure that one Justice of Peace alone may do the thing contained in the Warrant And where two are named there in most of the cases two are necessary 22. The same President that serves upon a conviction by witness will serve upon a conviction by view or hearing For I S. being lawfully convicted before me is appliable to either and will serve to both 23. It is a good close of every Warrant sent to an Officer to require him to give an account how he hath executed it after this wise And that you be then there with this Precept to give us an account of your execution of it Or thus And that you give me an account within fourteen days next following of your execution of my Warrat 24. Where a Statute is penned thus That the Constables or Churchwardens by Warrant from a Justice of Peace shall be enabled to do an act in this case we conceive the Justice may justifie the making of that Warrant 1. Warrants and Presidents which concern the exercise of the Office of a Justice of Peace out of the General Sessions are of several sorts viz. They concern either Treasons Felonies Misprisions Praemunires forcible Entries forcible Detainers Riots Routs and unlawfull Assemblies Security of the Peace and good Behaviour or other misdemeanors or offences of several sorts 2. As concerning Treasons and Felonies upon Information made of any Treason or Felony committed any one Justice of Peace may direct his Warrant to the Sheriff or to the High-Constables or Petty Constables or to all or any of them to make search for the Traytors or Felons and also for the stolen goods A Warrant to apprehend a Traytor may be thus A B. Esquire one of his Majesties Justices of Peace within the County of E. To the Sheriff of Comitat. Essex the said County and to all High-Constables Petty-Constables and other his Majesties Officers Greeting c. Whereas M N. and S T. are vehemently suspected to have committed Treason whereof I have received Information These are therefore in His Majesties Name straitly to charge and command you and every of you upon sight hereof without any delay within your several Bailiwicks Hundreds and Constablewicks to make diligent search for the bodies of the said M N. and S T. and them or either of them so found to arrest and attach and immediately upon such arrest to bring before me at my house at D. in the said County whereof you may not fail at your peril Sealed with my Seal and dated the first day of J. in the twelfth year of the Reign of our Soveraigne Lord King Charles the Second c. The like Warrant may be made for the apprehension of Felons mutatis mutandis When any such Traytors or Felons shall be so arrested and brought before the Justice of Peace the Justice must take the Examination of the Traytors or Felons in writing but not upon Oath and must examine them upon all circumstances whereof he shall receive Information from the Accusers and upon such other circumstances as he in his own discretion shall think fit for the discovery of the Treason or Felony The form of the Examination may be thus The Examination of A B. c. taken before me C D. one of his Majesties Justices of Peace in the County of M. the first day of S. in the twelfth year of the Reign of our Soveraign Lord Charles the Second by the Grace of God King c. The said Examinate being duly examined saith c. and so set down every particular answer that the prisoner shall make to the questions that shall be demanded of him This being done the Justice of Peace must take the Examination of the Accusers and such other as can give any Evidence material against the prisoner and their Examinations must be taken in writing severally and that upon Oath The form whereof may be thus The Examination of D E. taken before me G H. Esquire one of his Majesties Justices of Peace in the County of E. the first day of M. in the twelfth year of the Reign of c. This Examinate being duly sworn upon the holy Evangelists and examined upon his Oath saith c. and so set down at large all the material circumstances that he shall declare to prove the Treason or Felony This being done the Justice of Peace must make a Mittimus to convey the prisoner to the County Gaol several forms whereof you may see towards the end of this Book A Warrant for the bringing forth of Corn in the time of dearth To the Churchwardens and Overseers of the Poor of D. and to
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 i● 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 20● 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 ●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
to convey her to Bridewel in Glouc. and there to remain until she be from thence delivered by order of Law Given c. Observations on this Warrant It seems to me a safer way in this case to bind her to the good Behaviour for this contempt for there is no way of conviction of this contempt Given c. There are divers offences in Servants Apprentices and Labourers and some in Masters punishable by the Law of 5 Eliz. But because the Law is doubtfull in the sense of it in relation to these things it seems to speak that they are onely punishable at a Sessions of the Peace therefore we give you no Presidents of Warrants for a Justice of Peace but of Sessions In all differences between Masters and Servants we think it best for the Justice to warn the parties onely to be before him and see if he can end the matter between them after this manner To the Constables of D. in the County of G. 3 Glouc. ss Against a Master for wages I S. of c. having made his complaint to me that he being hired by I D. of your Parish he hath turned him away within his time and also refuseth to pay him his wages for the time he hath served him These are therefore to require you to warn the said I D. to be before me such a day to answer the premises and to warn the said I S. to be then there also to make good his complaint c. To the Constables of D. in the County of G. 4 Glouc. ss Against a Servant that departeth being an Apprentice I D. having complained to me that I L. being his hired Servant for one year to be ended at Michaelmas next hath wilfully departed out of his service within the time contrary to the Laws in that case provided These are as in the other changing the things to be changed To the c. as in the last 5 Glouc. ss Against a Master that doth abuse his Servant Apprentice W S. c. Complaint being made to me by I S. an Apprentice against I D. his Master both of your Parish of Dale in this County That the said I D. doth not allow to his said Servant competent meat drink and apparel or doth immoderately correct him and without any cause at all or refuseth to receive and to keep him as the case is These are to require you to warn both the same parties to be before me at W. such a day to the end that I may then examine the same matter and end it if I can c. Given under my hand c. To the c. as in the last 6 Glouc. ss Against a Servant W S. c. Complaint being made to me by I D. a Master against I S. his Apprentice both of your Parish of Dale in this County that the said I S. is a disobedient and stubborn Servant and doth very much miscarry himself towards his Master or that the said I S. hath departed out of his service These are to require you c. as in the last Given c. 7 Glouc. ss Discharge of an Apprentice W S. I H. L M. N O. four of the Justices c. Complaint having been made to us by I S. an Apprentice against I K. his Master both of your Parish of Dale within this County That the said I K. his Master hath not allowed to his said Servant competent diet and apparel befitting such Apprentice and hath sometimes corrected him without any just cause at all and when he had cause corrected him above measure and we having called the same parties before us and examined the Complaint find it to be true And therefore we do think fit to discharge the said Apprentice of his Apprenticeship And therefore do by these presents under our Hands and Seals pronounce and declare That we have for the causes aforesaid discharged the said I S. the Apprentice of his Apprenticehood the first day of May. All these are grounded on the Statute 5 Eliz. 4. CHAP. XII About Rates 1 Glouc. ss To have contribution for a sum charged upon a Hundred for a Robbery W S. and I S. two of the Justices c. To the High Constable of the Hundred of W. in the County of G. and to all the Petit Constables and Tythingmen of the several Parishes and Tythings within the said Hundred Whereas one I S was of late robbed of an hundred pounds within the said Hundred of W. and hath thereupon sued the same Hundred of W. and hath a Judgment to recover an hundred pounds against it the which hath been levied of and charged upon I S. This is upon 27 Eliz. cha 13. and L S. two of the inhabitants of D. within the said Hundred And upon their complaint to us hereof we have according to the Act of Parliament in that case provided for the raising of the same money set a rate upon the Parishes and places with in the said Hundred which rate is hereunto subscribed and annexed These are therefore to require you the said High Constable to give notice thereof to the Petit Constables and Tythingmen of your Hundred And thereupon all the said Petit Constables and Tythingmen are required forthwith equally to distribute and set the same rate upon the inhabitants of their Parishes and Tythings respectively according to the rule of rating for their Poor And the same being rated that they do demand it and in case of non-payment levie it by distress and sale of goods upon every of the inhabitants not paying it respectively And having levied and received the same that they do forthwith bring and pay it in to us or one of us to the end that the same may be paid over to the said I S. and L S. And that you do within fourteen days next following give to one of us an account of your execution of this Warrant at your peril Given c. The rate above mentioned in this Warrant to be annexed thereunto Then let the rate be affixed and see that it be handsomly done with an apt title above it after this manner A Rate made by I S. and W S. Esquires two of the Justices of the Peace c. for the raising of an hundred pounds upon the Hundred of W. charged upon it and levied upon I S. and L S. two of the inhabitants upon a Judgment had by one I S. against the Hundred after a robbery The Parish of Dale I S. six d. I L. six d. 2 Glouc. ss To carry a Prisoner to Gaol W S. Esquire c. one of c. To the Constable of D. in the County of G. A rate being made by you the Constable and Churchwardens of your Parish of Dale and two of the inhabitants there the which rate is annexed and subscribed for the raising of money of your Parish for This is upon 3 Jac. chap. 10. the carrying of certain offenders within