Kent agreeing with the form of the Precept is to return particular Juries for the Hundreds and one general Jury for the body of the Shire this last is made up with us for the most part of the Constables only and those others if they be not filled at the first are wont to remain and to be renewed with the Rules from Sessions to Sessions but that usage is no small hinderance to the service as many do think by reason that those particular Juries being seldom served with full appearance the whole Enquiry standeth only upon their labor that are Impannelled for the body of the Shire that is to say upon one man of each Hundred or two at most who cannot be thought to see so much as a whole Jury of Eyes both do and may see and therefore they think that it were good to make up some of the particular Juries also when they be not full de Circumstantibus of other Hundreds by which means either the whole Shire or at the least a great many parts thereof might perused and serve and to this Opinion Mr. Marrow seemeth to encline saying That in default of those which are Returned the Justices may take a Jury de Circumstantibus and hereunto also 3 H. 8. 12. § 1. N. 5. sheweth good Consent Lieu. XXI Lambert 394. Neither is it to be objected that men being all of one Shire may not take knowledge of things done in divers Hundreds seeing they have divers occasions of meeting together as at the County Court the Sheriffs turns the Assises and General Quarter Sessions and if a Jury of one Hundred would make Presentment of an offence done within any part of the Shire out of their own Hundred this were good in Law Justices XXII Lambert 395. And the Justices may upon cause remove a Juror after he is Sworn 20 H. 6. 5. Again if after the Swearing of the Jury their service be put off till the next day upon any urgent occasion then may they be Sworn of new as if they had not before appeared 7 H. 4. 38. Verdit XXII Lambert 395. Each Jury of Enquiry ought to contain XII in number at the least and if there be XVIII or more it shall not be amiss Yea it is a common order with us to have them of an odd number as XIX or XXI to the end as it seemeth that if they should dissent in opinion somewhat equally yet there should be always one to weigh down the side and cast the Ballance but if XII of them do agree the gainsaying of the residue cannot hinder the Presentment yea the Law was in the time of King Etheldred that in a Jury of XII the agreement of VIII should prevail and make a good Verdit although for a long time together it hath been and is yet otherwise used Imprisonment XXIV Lambert 395. 396. The Justices ought not to Commit these Jurors of Enquiry to any keeper nor to keep them without meat or drink nor to carry them out of the Town and yet they may adjourn them to another place to give their Verdit Evidence XXV Lambert 396 397. Nevertheless it is to be wished that these and such other Enquirors would more carefully imploy themselves in that service which is the chief and almost the only ground whereupon the Justices are to work c. and this shall they the better do if they will be directed by these few Counsels 1. That they come prepared to further the Good of their Country and not to save their Issues or to serve for fashion sake 2. That they give Credit to Credible persons sworn to Inform them 3. That they measure their doings by the right line of Law and not by the crooked cord of pretended Equity and counterfeit conscience 4. That they hold not a Court of Common Plea by admitting proof of Witnesses against the King as knowing that they are not to try an Issue but to offer an Information the truth or falshood whereof shall be tryed by another Jury 5. That they discover not their own doings c. Maintenance XXVI West Symb. 2. part 112 § 130. An Indictment of Embracery and taking money c. contra to 38 Ed. 3. 12. Lamb. Precedents 14. b. 15. Pl. 39. Essex ss Essex ss Juratores pro Domino Rege super sacramentum suum presentant quod A.B.C.D. c. naming all the Jurors c. Jurat ' in quadam Assiza Novae disseisinae quae nupersummonita fuit Coram dilectis fidelibus dicti Domini Regis c. L. M. N. O. c. nuper Justiciariis dicti Domini Regis nunc ad Assizam illam capiend ' per breve ipsius Domini Regis inter W. S. J. H. de tenement ' in N. in Com' E. predict ' postmodum viz. die Lunae c. Anno c. Coram prefat ' L. M. N. O. c. apud M. in Com' E. predict ' per breve ipsius Domini Regis si non omnes capt ' posit ' pro veredicto suo in hac parte dicenddo de prefat ' J. H. diversas pecuniarum summas viz. A. B. de predict ' J. H. XL. s. alia dona scil ' panem serevicium vinum ad valenc ' 20 s. illigitime ceperunt c. predict ' J. K. Imbraciator ejusdem Assizae ad eandemducend ' procuran'd de prenominato W.S. summam decem marcarum 20 die Aug. An. Regni c. apud M. predict ' in Com' E. illigitime ceperunt in dicti Domini Regis nunc contempt ' contra formam Cujusmodi Statut ' in Parliamt ' Domini Ed. olim Regis Angliae tertii Anno Regni sui 38. tento in hujusmodi Casu provisi ac Editi XXVII West Symb. 2. part 112. § 131. Fees Another Indictment reciting 38 Ed. 3. 12. 34 Ed. 3. 8. Crompt 261. pl. 95. Essex ss Juratores pro Domino Rege super sacrament ' suum dicunt quod ubi in parliamnt ' Domini Ed. nuper Regis Ang. tertio progenitoris Domini Regis nunc Ann Regni sui 38. tent ' inter caetera concordat ' existit quod si aliqui Jurat ' in Assiza Jurat ' seu aliquibus inquisitionibus capiend ' inter Domin ' Regem partem vel inter partem partem quicquid capiant per ipsos vel per alios de parte conquerent ' vel defendent ' pro veredict ' suo dicend ' super hoc per processum in quodam Articulo de Jurat ' Anno Regni ejusdem Domini Regis 34. factum convincantur sive sit ad sectam partis aut alterius cujuscunque personae qui pro Domino Rege aut pro seipso prosequi voluerit solvat quilibet dictor ' Jurat ' decies tantum quantum ipse recepit habeat ille qui sectam produxit unam medietatem Dominus Rex alteram meditatem quod omncs Imbraciatores ducent ' procurant ' tales inquisitiones in
Steward of any Lord be Assigned in any of the said Commissions 13 Ric. 2. Cap. 7. Ability § 1. N. 7. And that no Association shall be made to the Iustices of the Peace after their first Commission Joynder § 1. N. 8. And it is not the Intent of this Statute Appearance that the Iustices of the one Bench or of the other nor the Serjeants of the Law in case that they shall be named in the said Commissions shall be bound by force of this Statute to hold the said Sessions four times in the year as the other Commissioners the which be Continually dwelling in the County but that they shall do it when they may best attend it 13 Ric. 2. Ca. 7. Whereas it is Contained in the Last Statute made at Canterbury viz. 12 Rich. 2. Cap. 10. § 1. N. 6. Ability that no Steward of any Lord shall be Assigned in the Commission of the Iustices of Peace nevertheless for certain causes shewed in this Parliament it is accorded and assented that Iustices of the Peace shall be made of new in all the Counties of England of the most sufficient Knights Esquires and Gentlemen of the Law of the said Counties notwithstanding the said Statute 18 H. 6. Cap. 12. § 1. N. 2. And that the said Iustices be Sworn duly Justices and without favour to keep and put in Execution all the Statutes and Ordinances touching their Office Cap. 8. Item Victuals It is ordained c. that the Statutes and Ordinances made in the last Parliament holden at Canterbury viz. 12 Ric. 2. Cap. 3. 4. 5. 6. 7. 8. 9. as well of Servants Labourors Artificers and Victualers as of all other things saving the Exception viz. 12 R. 2. Cap. 10. § 1. N. 6. in the next Article before viz. 13 Rich. 2. Cap. 7. touching Iustices of Peace c. shall be firmly kept and duly executed Coron But forasmuch as a man cannot put the price of Corn § 1. N. 2. and other Victuals in certain it is Accorded c. that the Iustices of Peace in every County in two of their Sessions to be holden betwixt the Feast of Easter and St. Michael shall make Proclamation by their discretion according to the Dearth of Victuals how much every Mason Carpenter Tyler and other Craftsmen Workmen and other Labourers by the day as well in Harvest as in other times of the year after their degree shall take by the day with meat and drink or without meat and drink between the two Sessions beforesaid notwithstanding the Statutes viz. 23 Ed. 3. Cap. 6. and 12 R. 2. Cap. 4. thereof heretofore made and that every man obey to such Proclamations from time to time as a thing done by Statute Fees And in the Right of Victualers it is Accorded § 1. N. 3. that they shall have reasonable gains according to the Discretion and Limitation of the Iustices and no more upon pain to be grievously punished according to the Discretion of the said Iustices where no Pain is limited in certain before this time Drapery And that the Workers Weavers and Fullers C. 11. § 1. N. 3. viz of plain Cloaths of Somerset c. shall put their Seals to every Cloath that they shall work upon a certain Pain to be limited by the Iustices of the Peace c. Forest And that the Iustices of Peace have Power to Enquire C. 13. § 1. N. 4 viz. of Lay-men that have not forty shillings a year and Clerks not advanced to ten pound a year that Hunt or keep Dogs Nets c. and shall enquire of the Offenders in this behalf and punish them by the Pain aforesaid viz. Imprisonment a year Justices Item that in eyery County be Assigned eight Iustices of Peace 14 R. 2 C. 11 as is contained in the Statute of Canterbury viz. 12 Ric. 2. Cap. 10. besides the Lords Assigned in this Parliament Records And that the Estreats of the said Iustices be doubled § 1. N. 2. and the one part delivered by the said Iustices to the Sheriff to Leavy the mony thereof rising and thereof to pay to the Iustices their Wages by the hand of Sheriff by Indenture betwixt them therereof to be made Sheriffs And that the Sheriffs have allowance in their account in the Exchequer § 1. N. 3. by the same Indenture Dignity And that no Duke Earl Baron or Baronet § 1. N. 4. albeit they be Assigned Iustices of the Peace and hold their Sessions with the other Eight shall take any wages for the said Office Justices And that the Iustices put their names in the same Estreats § 1. N. 5. together with the number of the days of their Session to the intent that the Sheriffs may know to whom to pay Wages and to whom not and the Barons of the Exchequer to whom to allow and to whom not Seals And that the Seals be made for the Servants § 1. N. 6. and delivered to the keeping of some good man of the Country after the Puport of the said Statute of Canterbury viz. 12 R. 2. Cap. 11. N. 4. Measures Which Statute viz. 12 R. 2. Cap. 10. § 1. N. 7. with the notification of the same made at the last Parliament viz. 13 R. 2. Cap. 7 and the Statute of Weights and Measures And all other good Statutes and Ordinances made heretofore and not repealed shall be holden and kept and put in due Execution Force Item It is Accorded and Assented that the Ordinances and Statutes 15 R. 2. C. 2. made and not repealed of them that make Entries with strong-hand into Lands and Tenements or other Possessions whatsoever and them hold with force and also of these that make Insurrections or great Ridings Riots Routs or Assemblies in Disturbance of the Peace or of the Common-Law or in affray of the People shall be holden and kept and fully executed 8 H. 6. Cap. 9. Proces Ioyned to the same that at all times § 1. N. 2. that such forcible entry shall be made and Complaint thereof cometh to the Iustices of Peace or to any of them that the same Iustices or Iustice take sufficient Power of the County and also the Place where such force is made 13. H. 4. Cap. 7. 8 H. 6. Cap. 9. N. 2. § 1. N. 3 And if they find any that hold such Place forcibly after such entry made Imprisonment they shall be taken and put in the next Gaol there to abide Convict by the record of the same Iustices or Iustice until they have made Fine and Ransome to the King 18 H. 6. Cap. 9. § 1. N. 3. § 1. N. 4. And that all the People of the County as well the Sheriff as others Process shall be attendant upon the same Iustices to go and assist the same Iustices to Arrest such Offenders upon Pain of
Authority of this present Parliament 4 H. 7. C. 12. Item The King our Soveraign Lord considereth that by the negligence Justices misdemeaning favour and other Inordinate Causes of Iustices of Peace in every Shire of this his Realm the Laws and Ordinances made for the politick-weal peace and good-rule of the same and for the profit surety and restful living of his Subjects of the same be not duly Executed according to the tenor and effect of that they were made and ordained for § 1. N. 2. Wherefore his Subjects been greivously hurt Prerog and out of surety of their Bodies and Goods to his great displeasure for to him is nothing more joyous than to know his Subjects to live peaceably under his Laws and to encrease in Wealth and Prosperity § 1. N. 3. And to avoid such Enormities and Injuries Peace so that his said Subjects may live restfully under his Peace and Laws to their Encrease § 1. N. 4. He will that it be Ordained and Enacted by Authority of this said Parliament Days that every Iustice of Peace within every Shire of this Realm within the Shire where he is Iustice of Peace do cause openly and solemnly to be proclamed yearly four times a year in four principal Sessions the tenor of this Proclamation to this Bill annexed § 1. N. 5. And that every Iustice of Peace being present at any of the said Sessions Justices if they cause not the said Proclamations for to be made in form abovesaid shall forfeit unto our Soveraign Lord at every time twenty shillings § 2. N. 1. Henricus Dei Gratia c. The King our Soveraign Lord considereth Execution how daily within this Realm his Coin is Traiterously Counterfeited Murders Robberies Felonies been greivously committed and done and also unlawful Reteyners Idleness unlawful Plays Extortions Misdemeanings of Sheriffs Escheators and many other Enormities and unlawful Demeanings daily grown more and more within this Realm to the great Displeasure of God Hurt and Impoverishing of his Subjects and to the Subversion of the Policy and good Governance of this his Realm for by these sad Enormities and Mischeifs his Peace is broken his Subjects troubled inquieted and impoverished the Husbandry of this Land decayed whereby the Church of England is upholden the Service of God continued every man thereby hath his sustenance every Inheritor his rent for his Land Process For repressing and avoyding of the said mischeifs sufficient Laws and Ordinances been made by Authority of many and divers Parliaments holden within this Realm to the great cost of the King § 2. N. 2. his Lords and Commons of the same and lacketh nothing but that the said Laws be not put in due execution which Laws ought to be put in due execution by the Iustices of Peace of every Shire of this Realm to whom his Grace hath put and given full authority so to do sith the beginning of his reign Justices And now it is come to his knowledg § 2. N. 3. that his Subjects be little cased of the said mischeifs by the said Iustices but by many of them rather hurt than helped and if his Subjects complain to these Iustices of Peace of any wrongs done to them they have thereby no remedy and the said mischeifs do increase and be not subdued Peace And his Grace considereth § 2. N. 4. that a great part of his wealth and prosperity of his Land standeth in that that his Subjects may live in surety under his Peace in their bodies and goods and that the Husbandry of this Land may increase and be upholden which must be had by due execution of these Laws and Ordinances chargeth and commandeth the Iustices of the Peace of this his Shire to endeavour them to do and execute the tenor of their Commission and the said Laws and Ordinances ordained for the subduing of the premises as they will stand in love and favour of his Grace and in avoyding of the pains that are ordained if they do the contrary Process And moreover he chargeth and commandeth § 2. N. 5. that every man what degree or condition that he be of that let them in word or deed to execute their said authority in any manner and form abovesaid that they shall shew it to his Grace and if they do it not and it come to his knowledg by other than by them they shall not be in his favour but taken as men out of credence and be put out of Commission for ever Execution And over this he chargeth and commandeth all manner of men as well the poor as the rich which be to him all one in due ministration of Iustice that is hurt or grieved in any thing § 2. N. 6. that the said Iustice of Peace may hear determine or execute in any wise that he so grieved make his complaint to the Iustice of Peace that next dwelleth unto him or to any of his fellows and desire a remedy Justices And if then he have no remedy § 2. N. 7. if it be nigh such time as his Iustices of Assizes come into that Shire that then he so grieved shew his complaint to the same Iustices Chancery And if then he have no remedy § 2. N. 8. or if the complaint be made long afore the coming of the Iustices of Assize then he so grieved come to the Kings Highness or to his Chancellor for the time being and shew his grief Process And his said Higness then shall send for the said Iustice to know the cause why his said Subjects be not eased and his Laws executed § 2. N. 9. whereupon if he find any of them in default of executing of his Laws in the premises according to his Highness commandment he shall do him so offending to be put out of the Commission and further to be punished according to his merits Justices And over that his said Highness shall not let for any favour § 2. N. 10. affection cost charge nor other cause but that he shall see his Laws to have plain and true execution and his Subjects to live in surety of their lands bodies and goods according to his said Laws and the said mischeifs to be avoyded that his Subjects may increase in wealth and prosperity to the pleasure of God Measures And that the Iustices of Peace of every Shire of England have full authority and power to inquire hear 7 H. 7. cap. 4. § 1. N. 12. or determine the said defaults viz. in Weights and Measures c. Games And that the Housholder where Dicing Carding Tennis-playing 11 H. 7. C. 2. § 1. N. 14. Bowls Clash or any other unlawful games afore rehearsed shall be used owise than is afore rehearsed viz. in Christmas in the presence of the Master and that lawfully be presented before the Iustices of Peace the Mayor Sheriff in his Turn
and claiming also duty of their Tenants and Servants where none such duty is to go with them when such Assembly Riot or Rout shall be Riot And after the same divers of the said Servants and Persons oft times retreat and absent themselves by the agreement coviy § 1. N. 3. and counsel of the said Masters and of the said principal Rioters so that they may not be taken nor brought to answer to the Law as the Laws require Indictment And if any Indictments be had § 1. N. 4. it shall be made upon such Persons as so retreat and absent themselves and nothing founden against the said principal Rioters in deceit and fraud of the said good Statutes Acts and Ordinances thereof made to the great courage and boldness and comfort of the Evil Doers most Danger Ieopardy and Peril of your said well disposed Subjects and to the worst example that thereby may ensue if hasty remedy therein be not provided Riot It may therefore please your Highness of your most loving disoosition § 1. N. 5. that you bear and owe to the Common-weal of this your Land and to the great Surety of your Subjects of the same by the advice of the Lords Spiritual and Temporal and the Commons in this present Parliament assembled and by authority of the same to Do Ordain Enact and Establish that whatsoever Person or Persons within the Realm of what Estate Degree or Condition he be that hereafter unlawfully raise Assemblies or lead your People within this your Realm without your Commandment or Authority of your Laws and commit any Riot that then if the Party greived or any other Person in the Kings behalf complain to the Iustices of the Peace within the County where such Riot is done or to any of them having authority to inquire of the same where such Riot or unlawful Assembly shall be made by Bill containing the Riot and the circumstance of the same and of what Town Shire Mystery or Condition every of the Persons against whom the same Complaint be made is dwelling or else if the said Roiters be Indicted thereof then thereupon the said Iustices and every of them have authority and power in the next general Sessions of the Peace within the same County to be holden after the Complaint so to them made or Indictment thereof had afore the same Iustices to do make Proclamation that the said Master or Masters Principal or Principals Leader or Leaders that unlawfully cause the said People to gather or rise that they appear Personally at the next general Sessions of the Peace after the said Proclamation so made § 1. N. 6. And every other Person or Persons Accessory that were present and attendant upon him or them by his or their commandment procuring or assent contained in the said Proclamation at the said Riot Rout and Assembly and every of them personally to appear at the said next Sessions of Peace next after the said Proclamation to be holden within the said County § 1. N. 7. At which day if the said Master or Masters War Principal or Principals Leader or Leaders or any other of the foresaid Offenders appear then he or they to be put to answer thereunto if it seem to the said Iustices reasonable and to be put to sufficient Bail by Recognizance before the said Iustices to appear personally from Sessions to Sessions unto the time the Complaint be discussed § 1. N. 8. And if he or they refuse so to do then he or they be committed to ward Imprisonment there to remain till they will § 1. N. 9. And if any of the Persons against whom such Complaint or Indictment is had or made dwell in any other County Process than in the same County where such Riot and Assembly is made that then the Iustices to or afore whom the same Complaint or Indictment is had or made do send a Transcript of the same Complaint or Indictments to some Iustices of the Peace in the County where such Person is dwelling desiring him to cause Proclamation to be made in the next general Sessions of the Peace in that County to be holden that the same Person or Persons appear at the next Sessions of the Peace in the Shire where the said Riot is done next after the same Proclamation to be holden § 1. N. 10. And if the same Person or Persons dwelling in a forreign Shire appear Leiu then like order to be had for he or them so appearing as is afore specified for and to them that been dwelling in the said Shire whereby the said Riot is supposed to be done § 1. N. 11. And if the same Person or Persons Notice or any of them against whom such Proclamation is made in the County where the said Riot is supposed to be done and they be dwelling at the time of the same Proclamation making in the same County make default and appear not at the said general Sessions to him or them limited in the large Proclamation and oft soones after that make default and appear not at the next general Sessions after that so that like Proclamation be made as is aforesaid and if any of the said Rioters against whom Proclamation is made in a foreign Shire where they be dwelling make default at the day and place in the said Proclamation to them limited then he or they in whether of the said Shires they dwell that so make default to stand and be adjudged and convict upon the same defaults of the said Riot and unlawful Assembly as if he or they were thereof convict by the due Order of the Law without he or they can make such lawful Excuse as the said Iustices shall think reasonable by their discretion § 1. N. 12. And thereupon such process to be awarded Process as is accustomed upon Condemnations of Trespass in your Common Bench at the Suit of the Party § 1. N. 13. And that the said Iustices of Peace have authority to hear and determine the rehearsed causes Justices as well upon Bill before them as by Indictments and upon the same Bill or Indictments to proceed and determine the same by Inquest according to the course of the Common Laws and the Party thereby and thereupon to stand convict as perfectly as if they were thereupon convict by due process of the Law War And if the said Master or Masters Principal or Principals § 1. N. 14 Leader or Leaders or any other afore rehearsed Offenders be convict upon the premises then he or they be committed to prison there to remain and abide without Bail or Mainprize by such time and space as shall be thought reasonable by the discretion of the said Iustices and then e're he or they depart out of their prison to pay their Fine sessed after the descretion of the said Iustices his or their behaviour and Offences considered Peace And that it
and Temporal and the Commons in this present Parliament Assembled and by the Authority of the same that from and after the first day of April next coming no Iustice or Iustices of Peace shall let to Bail or Mainprize any such person or persons which for any Offence or Offences by them or any of them committed be declared not to be Replevised or Bailed or be forbidden to be replevised or Bailed by the Statute of Westminster 1 c. viz. 3 Ed. 1. Cap. 15. Coron And furthermore that any person or persons Arrested for Manslaughter or Felony § 3 N. 1 or Suspition of Manslaughter or Felony being Bailable by the Law shall not after the first day of April be let to Bail or Mainprize by any Iustices of Peace if it be not in open Sessions except it be by two Iustices of Peace at the least whereof one to be of the Quorum and the same Iustices to be present together at the time of the said Bailment or Mainprize § 3. N. 2. Which Bailment or Mainprize they shall certify in Writing Certificate subscribed or signed with their own Hands at the next general Goal-delivery to be holden within the County where the said person or persons shall be arrested or suspected § 4. N. 1. And that the said Iustices or one of them being of the Quorum Proof when any such Prisoner is brought before them for any Manslaughter or Felony before any Bailment or Mainprize shall take the Examination of the said Prisoner and Information of them that bring him of the Fact and Circumstances thereof and the same or as much thereof as shall be material to proove the Felony shall put in Writing before they make the same Bailment 2 3 Ph. Mar. Cap. 10. § 4. N. 2. Which said Examination together with the said Bailment Certificate the said Iustices shall certify at the next general Goal-delivery to be holden within the limits of their Commission 2 3 Ph. Mar. Cap. 10. § 1. N. 2. § 5. N. 1. And that every Coroner upon any Inquisition before him found whereby any person or persons shall be Indicted for Murder or Manslaughter Inquest or as Accessary or Accessaries to the same before the Murder or Manslaughter committed shall put in Writing the effect of the Evidence given to the Iury before him being material § 5. N. 2. And as well the said Iustices as the said Coroner Recognizance shall have Authority by this Act to bind all such by Recognizance or Obligation as do declare any thing material to proove the said Murder or Manslaughter Offences or Felonies or to be Accessary or Accessaries to the same as is aforesaid to appear at the next general Goal-delivery to be holden within the County City or Town-Corporate where the Tryal thereof shall be then and there to give Evidence against the Party so Indicted at the time of his Tryal 2 3 Ph. Mar. Cap. 10. § 2. N. 4. § 5. N. 3. And shall certify as well the same Evidence Certificate as such Bond or Bonds in Writing as he shall take together with the Inquisition or Indictment before him taken and found at or before the time of his said Tryal thereof to be had or made 2 3 Ph. Mar. Cap. 10. § 2. N. 5. § 5. N. 4 And likewise the said Iustices shall certify all and every such Bond taken before them Bail in like manner as before is said of Bailment and Examination § 5. N. 5. And in Case any Iustice of Peace of Quorum or Coroner Justices shall after the first day of April offend in any thing contrary to the true intent and meaning of this present Act that then the Iustices of Goal-delivery of the Shire City Town or Place where such Offence shall happen to be committed upon due Proof thereof by Examination before them shall for every such Offence set such Fine on every of the same Iustices of Peace and Coroner as the same Iustices of Goal-delivery shall think meet and estreat the same as other Fines and Amercements assessed before Iustices of Goal-delivery ought to be § 6. N. 1. Provided always Coporation and be it further Enacted by the Authority aforesaid that Iustices of Peace and Coroners within the City of London and the County of Middlesex and in other Cities Boroughs and Towns-Corporate within this Realm and Wales shall within their several Iurisdictions have Authority to let to Bail Felons and Prisoners in such manner and form as they have been heretofore accustomed this Act or any thing therin contained to the contrary notwithstanding § 6. N. 2. And also shall take Examinations and Bonds as is aforesaid Proof upon every Bailment by them or any of them to be made § 6. N. 3. And shall certify every such Bailments Certificate Bonds and Examinations by them or any of them taken or made at the next Goal-delivery to be holden within the Shire City Borough or Town where their several Iurisdictions extendeth upon like Pain and Forfeiture as is before limited in this present Act. § 7. N. 1 And be it also Enacted Certirorari c. that no Writs of Habeas Corpus or Certiorari shall be hereafter granted to remove any Prisoner out of any Goal or to remove any Recognizance except the same Writs be signed with the proper hands of the Chief Iustices or in his absense one of the Iustices of the Court out of which the same Writs shall be awarded or made Officer Vpon Pain § 7. N. 2. that he that writeth any such Writs not being signed as is aforesaid to forfeit to our Soveraign Lord the King and the Queen for every such Writs five pounds Riot Be it therefore Enacted c. viz. because good and beneficial that all C. 16. N. 15. c the several Acts c. viz. 1 Mar. 1. St. 2. Cap. 12. c. of Riots and all Clauses c. shall be revived c. until the last day of the next Parliament 2 3 Ph. Mar Cap. 21. § 10. N. 2. Husbandry The one half of which said Forfeitures viz. twenty shillings a month 2 3 Ph. Mar. Cap. 3. § 3 N. 2◠that one Cow is not kept for every threescore Shere-sheep and one Calf for every six score shall be to the use of c. the King and Queens Majesties and the other half to the use of the Party that within one year after the Offence committed will sue for the same in any c. Courts of Record or before the Iustices of Peace in the same Shire where any such Cause of Forfeiture shall be had at the general Sessions who by Authority of this Act shall have Power to hear and determine the said Offences by Bill Information Presentment Action of Debt or Detinue in which Action or Suit no
Certified into the Exchequer together and not one without the other and no Iustite shall or may be questioned or accountable for the same in the Exchequer or elsewhere then in the Quarter-Sessions c. § 3. N. 2. And if the said Preacher or Teacher so Convicted be a Stranger Process or his Name and Habitation not known or is fled and cannot be found or in the Iudgment of the Iustice Iustices or Chief Magistrate before whom he shall be Convicted shall be thought unable to pay the same the said Iustice c. are hereby Impowered and required to Levy the same by Warrant as aforesaid upon the Goods and Chattels of any such Persons who shall be present at the same Conventicle any thing in this or any other Act Law or Statute to the contrary notwithstanding c. § 6. N. 1. Provided also and be it further Enacted Error That in all Cases of this Act where the Penalty or Sum charged on any Offender excéeds the Sum of Ten shillings and such Offender shall find himself agrieved it shall and may be lawful for him within one Week after the said Penalty or Money charged shall be paid or Levied to appeal in writing from the Person c. Convicting to the Iudgment of the Iustices of the Peace in their next Quarter-Sessions N. 2. To whom the Iustice Justices c. that first Convicted such Offender shall return the Money Levied upon the Appellant and shall Certifie under his and their Hands and Seals the Evidence upon which the Conviction past with the whole Record thereof and the said Appeal N. 4. And in Case such Appellant shall not prosecute with Effect Costs or if upon such Tryal he shall not be acquitted or Iudgment pass not for him upon his said Appeal the said Iustices at the Sessions shall give trebble Costs against such Offender for his unjust Appeal N. 5. And no other Court whatsoever shall Intermeddle with any Cause or Causes of Appeal upon this Act Certiorari but they shall be finally determined in the Quarter-Sessions only § 7. N. 1. Provided alwayes and be it further Enacted Recognizance That upon the delivery of such Appeal as aforesaid the person Appellant shall enter before the person c. Convicting into a Recognizance to prosecute the said Appeal with effect N. 2. Which said Recognizance the Person c. so Convicting Certificate is hereby Impowered to take and required to Certifie the same to the next Quarter-Sessions N. 3. And in Case no such Recognizance be Entred into Bail the said Appeal to be null and void § 9. N. 1. And be it further Enacted c. That the Iustice c. of the Peace and Chief Magistrate respectively or the respective Constables Process Headboroughs and Tithingmen by Warrant from the said Iustice c. shall and may with what aid force and assistance they shall think fit for the better Execution of this Act after refusal or denial to enter break open and enter into any House or other place where they shall be Informed any such Conventicle as aforesaid is or shall be held as well within Liberties as without N. 2. And take into their Custody the Persons there unlawfully Assembled Imprisonment to the Intent they may be proceeded against according to this Act. N. 3. And that the Lieutenants or Deputy-Lieutenants or any Commissioned Officer of the Militia or other of his Majesties Forces War with such Troops or Companies of Horse and Foot and also the Sheriffs and other Magistrates and Ministers of Iustice or any of them jointly or severally within any the Counties or Places within c. viz. England Wales or Berwick with such other Assistance as they shall think méet or can get in readiness with the soonest on Certificate made to them respectively under the Hand and Seal of any one Iustice of the Peace or Chief Magistrate of his particular Information or knowledge of such unlawful Méeting or Conventicle held or to be held in their respective Counties or Places and that he with such Assistance as he can get together is not able to suppress and dissolve the same shall and may and are hereby required and enjoyned to repair unto the Place where they are so held or to be held and by the best means they can to dissolve dissipate or prevent all such unlawful Méetings and take into their Custody such and so many c. as they shall think fit c. Priviledge Provided alwayes that no Dwelling House of any Peer of this Realm §. 10. N. 1. where he or his wife shall then be resident shall be searched by vertue of this Act but by Immediate Warrant from his Majesty under his Sign Manual or in the presence of the Lieutenant or one Deputy-Lieutenant or two Iustices of Peace whereof one to be of the Quorum of the same County or Riding Constable And be it further Enacted c. That if any Constable Headborough § 11. N. 1 Tythingman Church-warden or Overséer of the Poor who shall know or be credibly Informed of any such Meeting c. held within his Precincts Parishes or Limits and shall not give Information thereof to some Iustice of the Peace or the Chief Magistrate and endeavour the Conviction of the Parties according to his duty but such c. or any c. lawfully called in aid c. shall wilfully and wittingly omit the performance of his duty in the Execution of this Act and be thereof Convicted in manner aforesaid he shall forfeit c. Five pounds c. Justices And that if any Iustice of Peace or Chief Magistrate shall wilfully and wittingly omit the performance of his duty in the Execution of this Act N. 2 he shall forfeit c. one hundred pounds c. Certificate And in Case any Person offending against this Act § 13. N. 3. shall be an Inhabitant in any other County or Corporation or fly into any other County or Corporation after the Offence Committed the Iustice of Peace or Chief Magistrate before whom he shall be Convicted as aforesaid shall Certifie the same under his Hand and Seal to any Iustice of Peace or Chief Magistrate of such other County or Corporation wherein the said Person or Persons are Inhabitants or are fled into Process Which said Iustice or Chief Magistrate respectively N. 4. is hereby Authorized and required to Levy the Penalty c. in this Act mentioned upon the Goods and Chattels of such Person c. as fully as the said other Iustice of Peace might have done in Case he or they had been Inhabitants in the place where the Offence was Committed Measures Viz. the xl s. forfeit by Selling Corn or Salt c. by unsealed Measures C. 8. § 2. N. 3. c. to be Levied in such manner and such other Penalties for
making Dice Cards Bowls or the like except it be by Parliament for all Trades which do avoid Idleness Exercize men in Labour for the Maintenance of them and their Families And to increase their Substance And to serve the King when need shall be are profitable for the Common-wealth and therefore the restraining of them is against the Law 11. Co. 34. 8. Co. 126. Trades LI. Dalt cap. 31 Also by the Common-Law no man is prohibited to use divers Misteries and Trades at his pleasure And although this was prohibited by the Statute 37 Ed. 36. yet presently at the next Parliament that Restraint of Trade being found prejudicial to the Commonwealth it was Enacted again 36 Ed. 38. that all persons should be as free as they were at any time before the said Statute 11. Co. 54. Trades LII Dalt 81. ibid. If a man use the Trade of Tallow Chandler Baker Brewer or any other Lawful Trade or Manual occupation for his own use or the use of his Family without Selling any for the lucre and Gain he may Lawfully do it 8. Co. 129. 13. and 11. Co. 54. and yet he which useth any Trade or other Manual Occupation for the use of himself or of his Family only without selling he cannot retain any Apprentice which in the Statute of 5 Eliz. 4. but he may hire one to be his Servant who is skilful in that Trade or Occupation 8. Co. 129. LIII Dalt 81. cap. 31. One purchased a Mill and hired a Miller to be his Servant who Grown'd the Grists of his Neighbours and the Wife of the Owner of the Mill took Money of their Neighbours for their Grists so Grown'd and for this the Husband who was owner of the Mill was Indicted at Cambridge Summer Assizes Anno. 1619 by reason that he was never himself an Apprintice to the Trade It was the Case of T. P. Yeoman Ale LIV. Dalt 81 ibid. The intent of 5 Eliz. 4. was that no person should take upon upon them any Art Mistery or Trade c. But such wherein they had Skill and Knowledge And therefore none may keep a Common Brew-house Cooks-shop c. to Sell to others except they have been Apprentice thereto by the space of seven years Infant LV. Dalt 82. cap. 31. If an Infant Man or Woman of twelve years of Age or a Gentleman Chaplain Carpenter or other person which is not compellable to serve yet if they shall make a Covenant to serve in Husbandry they shall be bound by their Covenant and are punishable if they then shall depart c. F. N. B. 168. Lee. Br. 67. See 5 Eliz. 4. § 42. N. 1. Yet by the Commom-Law such a Covenant or retainer of an Infant under twelve years of Age was void they neither having ability of Body nor years to consent for an Infant by the Common-Law is not of Age to Bind himself by Covenant ante Annos Nubiles which is 12 years in a Woman and 14 years in a Man 7. Co. 43. and 9. Co. 72. neither before that Age are they accounted potens in corpore which were the Words used in the Statute 23 Ed. 3. 2. tho' those words are now left out of the Statute 5 Eliz. 4. § 22. N. 7. and thereupon Markham in 21 H. 6. 32. and Coverture Br. 25. 30. Seems to hold 14. years to be the Age of a Retainer of an Infant but there the case was of a Man-child that was retained 2 H. 4. 18. Labourers Br. 19. 20. But now by the Statute 5 Eliz. 4. § 25. N. 1. Any person above the Age of 10 years by their own consent and agreement may by Indenture be bound an Apprentice to Husbandry or any other Trade or Art Also one of 12 years of Age by the same Statute 5 Eliz. 4. § 7. N. 1. 14. is compellable by the Justice to serve in Husbandry so also it seemeth of other Trades Arts Occupations Winch. 26. infra LVI Dalt 82. cap. 31. Poor Such Children whose Parents are not able to maintain them though they be under 12 yet may they be bound Apprentices by the overseers of the Poor with the assent of any two Justices of the Peace by 43 Eliz. 2. § 5. N. 1. LVII Dalt 82. If a Child use Husbandry till the Age of 12 years and after be made an Apprentice to any Mystery his Covenant shall be void Husban-dry But Quere if this be not repealed by the general words of the Statute 5 Eliz. 4. § 12. N. 1. also see the Statute 1 Jac. 2. 5. § 17. N. 1. LVIII Dalt 82. A Servant may be compelled to Serve in Summer in the place where he served in Winter before Lieu. but this seemeth to have been only by 23 Ed. 3. 2. which Statute now stands repealed by 5 Eliz. 4. § 23. N. 1. Cromp. 238. b. infra LIX Dalt 83. cap. 31. If a Servant who is Retained shall depart out of his Service and wander he may be compelled to Serve another Man Departure But yet the first Master may take him away again F. N. B. 168. Notice Br. 24. And besides it is safe to get the consent of the first Master For now 5 Eliz. 4. § 11. N. 1. The Master Retaining a Servant departed without shewing a Testimonial before his Retainer forfeits 5 li. LX. Dalt 84. If the Master or his Wife shall beat the Servant Peace these were good cause for the Servant to depart before 5 El. 4. § 5. N. 5. But now the allowance of the Justice of Peace is requisite and yet note that the Master by Law is allowed with moderation to chastise his Servant or Apprentice See 33 H. 8. 12. § N. Dalt 165. 159. But now by the Statute of 5 Eliz. 4. § 5. N. 5. The causes of putting away and departing of Servants are referred to the consideration and allowance of the Justices of Peace It behoveth them to have good care lest by their giving too much way therein either to the Master or Servant many which might by due ordering have proved good Servants turn Rogues and Vagabonds LXI Winch 25. pl. 63. An Information Mich. 19 Jac. C. B. License was for that his Apprentice departed out of his Service and the Defendant Received and Retained him without a Testimonial from the Master contra formam Statuti and so he demanded 5 li. The Defendant Pleaded nil debet c. and found against him and now Hendon Serjeant moved in Arrest of Judgment that an Apprentice is out of the Clause of 5 Eliz. 4. § 11. N. 1. And that the same extends only to Servants and to Laborours Retained within that Statute LXII Winch. 26. ibid. Hobard Ch. J. said Infant that it was never the intent of 5 Eliz. 4. § 11. N. 1. to make an Infant who is an Apprentice to be within the danger of the same Statute for an Infant at the Age of 14 years may be bound to be an Apprentice and the
c. for if the Retorn mentions only that they are Justices of the Peace without the former words necnon c. according to the Commission the Retorn is insufficient 12 H. 7. 25. 2 R. 3. 9. Indictment Br. 32. 50. 28 H. 6. 11. Error Br. 13. Lamb. 529. supra § 9. XL. Crompt 143. Recogn A Writ out of the Chancery to certifie a Recognizance that is taken by a Justice of the Peace in the Country for conservation of the Peace is in this manner Jacobus c. Custodibus pacis nostrae in Com' S. eorum cuilibet salutem Volentes certis de causis Certiorari super tenorem cujusdem securitatis pacis vel boni gestus quam A. P. Armig ' nuper invenit coram vobis vel aliquo vestrum de eo quod ipse damnum vel malum aliquod R. S. aut alicui alii de populo nostro de corpore suo nec faceret nec fieri procuraret quovismodo Vobis mandamus quod tenorem securitatis sive boni gestus predict ' nobis in Cancellaria nostra in Octab ' Purificat ' beatae Mariae proxim ' futur ' ubicunque tunc fuerit sub sigillis vestris vel unius vestrum distincte aperte sine dilatione mittatis hoc sub pena cent ' librar ' nullatenus omittatis nec aliquis vestrum omittat Teste meipso apud Westm 23 Jun. Anno c. Dalt 409. cap. 134. XLI Crompt 143 b. Peace The form of a Certificate of a Recognizance of the Peace on the said Writ of Certiorari is in this manner Virtute istius Brevis ego G. S. unus Custodum pacis in Com' S. infrascript ' tenorem securitatis pacis unde infra fit mentio Domino Regi nunc in Cancellariam suam sub sigillo meo distincte aperte mitto prout patet in Schedula huic Brevi consul ' c. and then write the Recognizance verbatim and put your Seal to the Certificate See Rast Entr. 416. Dalt 185 186. cap. 73. Crompt 125 b. Lamb. 108. XLII Dalt 410. cap. 134. Also note Recogn that no Certiorari shall be granted to remove any Recognizance except the same Writ be signed with the proper hand of the Chief Justice or in his absence of one of the Justices of that Court out of which the same Writ shall be awarded or made 1 2 Phil. Mar. 13. § 7. N. 1. XLIII Lamb. 580. The Clerk of the Peace must under the pain of 40 s. Officer certifie in B. R. a true transcript of every Attainder Outlawry and Conviction had before the Justices of the Peace in any place except Wales Chester Lancaster and Durham within 40 days after if it be then Term and if not then within 20 days after the beginning of the next Term that the same may there also appear of Record to be used upon cause as that Statute hath appointed 34 H. 8. 14. XLIV Lamb. 580 581. Accessory And if a Principal be attainted of Murder or Felony in one County whereunto another is Accessory in any other County then upon writing from the Justices of Goal-delivery or of Oyer and Terminer to the Custos Rotulorum where such Principal is attainted he must certifie in writing under his Seal to the said Justices whether such Principal be attainted or otherwise discharged or not that they may proceed thereupon to the tryal of the Accessory 2 3 Ed. 6. 24. § 4. N. 2. XLV Lamb. 581. Indictment But in cases where Justices of the Peace have power to receive Indictments and no power to proceed any further upon them there they ought to send up and certifie the Indictments themselves and that of duty as I think without any Certiorari commanding the same because having none Authority to hear and try the offences the Records thereof shall be unprofitable before them and therefore they can have no just cause to retain them and yet for the more surety it is specially commanded by 5 Eliz. 1. § 3. N. 2. that they shall certifie the Presentments of some offences against that Statute XLVI Lamb. 581 582. And so if a man bound to keep the Peace Recogn do make default of appearance at the next Quarter-Sessions the Recognizance it self together with the Records of that default must be certified into the Chancery B. R. or Exchequer that Execution upon the Recognizance may be had there 3 H. 7. 1. § 1. N. 26. and so ought it as I think to be presented that the party hath forfeited his Recognizance by breach of the Peace and likewise if it be presented before them that the Chattels of a man attainted of Felony be in the hands of another for in these and such other cases where they cannot of themselves proceed they ought to send the Records to such as have Authority to determine upon them and otherwise they do not discharge that duty which the words salvis c. aliis ad nos inde spectantibus in the Commission § 16. do seem to expect at their hands Crompt 141 b. Pope XLVII Lamb. 582. The Abjuration of a Seditious Sectary being made in the open Quarter-Sessions of the Peace ought to be certified from thence to the Justices of Assize at the next Assizes 35 Eliz. 1. § 2. N. 3. Purveyors XLVIII Lamb. 582. Furthermore rhe Stat. of Purveyors 2 3 Phil Mar. 6. § 6. N. 2. doth appoint the Justices of the Peace to certifie to the Treasurer of the Kings Houshold the Dockets of Purveyors brought to rheir Sessions by Constables that the serving of such Commissioners and the true answering of Purveyors may be the better examined thereby Records XLIX Lamb. 582. And although it may be doubted whether these be Records or no yet for that they are to be certified from the Sessions of the Peace I stick not to afford them this place and if you will also repute in this number the Licenses and such other Acts of that kind which pass at the Sessions of the Peace I will not be against it Supersedeas L. Lamb. 583. Touching the Certiorari it is of force if it be made accordingly to remove not only Indictments or other Executory Records wherein the Justices of Peace can go no further but also the Records of Causes fully and lawfully heard and determined by them to the end that they may be reversed and adnulled in B. R. if good matter and cause do require it Courts LI. Lamb. 583. For that preheminence hath the Kings-Bench as you may see by proof yea all other the higher Courts may write to the Justices of the Peace to certifie their Records that do make for the tryal of Causes hanging in them as 19 H. 6. 19. Records Br. 24. where they of C. B. did send to the Justices of Peace for an Indictment because in a Writ of Conspiracy brought before them it was material to have it Indictment
because the Statute 15 R. 2. 2. § 1. N. 3. is that the Justice shall Record the Force and Commit him and this is for the King as in the Case where a Constable Arrest one that would assault him he may Imprison him till he will find Sureties of the Peace per Curiam 5 H. 7. 6. faux Imprisonment Br. 42. and yet I heard Flowerdew Justice of Assize at Stafford in his Charge there say That it hath been often seen that a Justice of Peace who hath executed his Office in his own Case hath been punisht in the Star-Chamber 43 Eliz. 7. § 3. N. 1. Dalt 344. cap. 120. § 2. XX. Lambert 2. cap. 4. pag. 147. And as the Statute 8 H. 6. 9. § 2. N. 3. Costs saith that this ought to be done at the Costs of the party grieved so Marrow thinketh that unless these Costs be tendered before hand the Justice needeth not to stir about it But howsoever he being then a practicer in the Law might think it good to stand upon his Fee yet I advise our Justice of the Peace to go forward as having more regard of his Credits Oath and Duty Costs Br. 2. XXI Lambert 147. Neither ought the Justice to Stagger Droit or stay at at all about the right or wrong of his Title that entreth or holdeth forcibly for considering that 5 R. 2. 7. § 1. N. 2. doth without exception prohibit all Entry with Force howsoever the Entry be otherwise lawfull and seeing also that 8 H. 6. 9. § 3. N. 3. permitteth no forcible holding but only where three years possession have gone before and weighing moreover that both they and 15 R. 2. 2. § 1. N. 3. do together labor to repress force and Violence and have also made the Justice of Peace their Minister therein I see no cause why the Justice of Peace who perhaps shall want sufficient learning in the Law to discern of the right or title and yet may be both a fit person to remove the Force and able enough to restore the possession should be tyed to the discussion of the right or title of either of the parties and this I gather upon the opinion of all the Court 9 H. 6. 19. Entre 5. Forcible Entre Br. 18. which was the very next year after the making of the last of these Statutes where it is said that Acc. Sur Stat. Br. 7. is for the right only and must say Illicite ingressus est or ubi ingressus non datur per legem But the Indictment is for the Force in respect of the King to whom the party shall make Fine although his right be never so good and sound 22 H. 6. 18. Crompt 74. 164. b. 166. b. Dalt 197 198. cap. 77. 210. cap. 81. Justices XXII Lambert 148 149. And therefore the Justices of the Peace may boldly proceed in this business taking with him sufficient power of the Country by his Discretion and therein the Sheriff also if need do require as well for the Arresting of such as he shall find to Enter or hold forcibly against these Laws as also for the removing of the Force which they bring and for the conveying of them to the next Goal as persons thereof Convicted by his own Eye Testimony and Record Boult 123. cap. 29. § 8 9. Record XXIII Lambert 149 150. The Record of the Force Kent ss Record Memorandum quod 8. die mensis Januarii Anno Regni c. Questus est mihi S. L. uno Justiciar ' dicti Domini Regis ad pacem in dicto Comitatu conservand ' Assignat ' quidam A. B. de W. in dicto Com' Yeoman quod C. D. de W. predict ' nonnulli alii pacis dicti Domini Regis perturbatores ignoti in Domum Mansionalem ipsius A. B. in W. predict ' manu forti ingressi sunt ipsum A. B. inde Dissesiverunt ac eandem manu forti Armata potentia adhuc extra tenen ' ac proinde petit ' a me sibi in hac parte remedium Apponi Quae quidem querimonia petitione audita ego prefatus S. L. Immediate ad dictam Domum Mansionalem personaliter accessi ac in eadem Domo adtunc inveni prefatum C. D. quosdam E. F. G. H. c. Domum illam vi Armis manu forti Armata potentia viz. Arcubus sagittis Gladiis pugionibus Galeis loricis tenentes contra formam Statuti in Paliament ' Domini Rich. nuper Regis Angl ' secund ' Anno Regni sui XV. tent ' provisi ac contra form ' diversorum aliorum Statutorum ac propterea ego prefat ' S. L. predictos C. D. E. F. G. H. adtunc ibidem Arrestavi proximaeque Goalae dicti Domini Regis apud M. in dicto Comitatu duci feci ut de dicta manu forti tentione per visum Recordum meum convictos ibidem moraturos quousque Fines dicto Domino Regi pro transgressionibus suis predictis fecerint Dat' apud W. predict ' sub sigillo meo die Anno supradict ' per me prefat ' S. L. Dalt 391. cap. 129. Crompt 74. b. Imprisonment XXIV Lambert 150 151. The form of the Mittimus to the Goaler may be thus Kent ss G. C. one of the Justices of the Peace of our Soveraign Lord the Kings Majesty within his said County of K. to the Keeper of his Majesties Goal at M. in the said County and to his Deputy and Deputies there and to every of them Greeting Whereas upon Complaint made unto me this present day by A. B. of W. in the said County Yeoman I went immediately to the Dwelling House of the said A. B. in W. aforesaid and there found C. D. E. F. G. H. of W. aforesaid Laborers forcibly and with strong hand and Armed power holding the said house against the Peace of our said Soveraign Lord and against the form of the Statute of Parliament thereof made in XV. year of the Reign of our late King Richard the Second Therefore I send you by the bringers hereof the Bodies of the said C. D. E. F. and G. H. Convicted of the said Forcible holding by my own View Testimony and Record Commanding you in his Majesties Name to receive them into your said Goal and there safely to keep them untill such time as they shall make their Fines to our said Soveraign Lord for the said Trespasses and shall be thence delivered by order of the Law of the Land hereof fail you not upon the Peril that may follow thereof Given at W. aforesaid under my Seal the day and year abovesaid by me the said G. C. Crompt 74 b. 75. Dalt 391. cap. 129. Poult de Pace 38. § 15. XXV Crompt 62. § 16. The Queens Attorney viz. Sir Gilbert Gerard Amerciament exhibited a Bill in the Star-Chamber on 17 R. 2. 8. because the Sheriff and Justices of Peace of Stafford did not remove the
preservation of the Peace chiefly towards one XIV Dalt 187. ibid. Justices Also this Surety of the Good Abearing is most commonly granted either in open Sessions of the Peace or out of the Sessions by two or three Justices of the Peace whereas that of the Peace is usually granted by one Justice of Peace and out of Sessions Dalt 366. infra XV. Dalt 187 188. And yet by the words of the Commission as also by the Common opinion of the Learned Lambert 120 121. Crompt 135. b. 14 H. 7. 8. supra Any one Justice of Peace alone and out of the Sessions may grant this Surety of the Good Abearing and that either by their own discretion or upon the complaint of others as they may that of the Peace But this is not usual unless it be to prevent some great and sudden danger especially against a man that is of any good Estate carriage or report Crompt 138. infra XVI Dalt 189. cap. 75. I lately granted the Good Behaviour against one for that he had bought Ratisbane and mingled the same with Corn Coron and then wilfully and malitiously did cast the same among his Neighbours Fowls whereby most of his Fowls dyed and it was holden to be a Good cause to bind the Offender over by the whole Bench and since I have known it allowed as a Good Cause by the Judges of Assize XVII Dalt 189. The Justice of Peace also upon his own discretion Suggestion and without complaint may bind to the Good Behaviour any other person which in his presence or hearing shall misbehave himself in some outragious manner of Force or Fraud and may Commit such person to the Goal if he refuse to be bound Recognizance XVIII Dalt 189. It is also grantable against such as be of Evil Name and Fame generally but more specially against such as are Defamed or Detected in any of these particulars 1. For resorting to houses suspected to maintain Adultery or Incontinency 2. The Maintainers of suspected Bawdy houses 3. Common Whores or Whoremongers 4. Night Walkers that be suspected to be Pilferers or otherwise like to disturb the Peace or that be persons of Evil Behaviour or that shall keep Company with such Evesdroppers Cutters of Gates Carts Pens c. 5. Persons suspected who live Idly and yet fare well or are well aparelled having nothing whereon to Live except on Examination they give a good account Dalt 354 And 6. Common Haunters of Alehouses Taverns and Common Gamesters but more especially if they have not whereon to Live 7. Common Drunkards twice Convicted by 7 Jac. 5. 21. Jac. 7. § N. 8. Such as use to go on Messages for Theeves London XIX Crompt 140. § 21. One who had ill Women in his House in London was Committed untill he were bound to Good Behaviour and this was so odered at the Sessions at Newgate 28 Eliz. by Wray and Anderson Chief Justices and Manwood Chief Baron Dalt 189. cap. 75. XX. Dalt 190. cap. 75. Fresh Suit Also the Good Behaviour seemeth grantable against such as shall make false Outcryes or shall raise Hue and Cry without Cause for these are disturbers of the Peace Crompt 179. If one man doth levy Hue and Cry upon another without Cause either of them may be Attached and bound over as Disturbers of the Peace 29 Ed. 3. Trespass 252. tamen Quaere Concerning him upon whom the Hue and Cry is levied except he be either a man of evil Fame or that there be some Felony Committed Collusion XXI Dalt 190. Also it seemeth grantable against Cheaters and Coseners Slander XXII Dalt 190. ibid. Libellers it seemeth also my be bound to their Good Behaviour as Disturbers of the Peace whether they be the Contrivers the Procurers or the Publishers of the Libell c. by Writings Words or Pictures c. 5 Co. 125. and no matter whither true or false Execution XXIII Dalt 191. The Sheriffs Bayliff upon a Warrant from the Sheriff to make Execution of the Goods of A. went into the house of A. finding the door open and A. shut the doors upon the Bayliff and so deteyned him as a Prisoner in his House and Sir Robert Houghton one of the Judges of the Kings Bench thought it a good cause to grant out Process de bene Gerendo against A. for thus abusing an Officer of the Law Anno 17 Jac. Contempt XXIV Dalt 191. It seemeth that he which shall use words of contempt or contra bonos more 's against a Justice of Peace tho it be not at such a time as he is Executing his Office yet he shall be bound to his Good Behaviour Religion XXV Dalt 192. Disturbers of Preachers by the Statute 1 Mar. 1. 2 cap. 3. § 6. N. 2. And destroyers of Fish by 5 Eliz. 21. § 2. N. 6. and shall be bound to the Good Behaviour at the Sessions Pope XXVI Dalt 192. § 5. Popish Recusants absenting from Church shall be bound in B. R. by 23 Eliz. 1. § 5. N. 2. Pardon XXVII Crompt 135. He that is Attaint for Felony and hath a pardon shall find Surety for the Good Behaviour with six Mainpernors during his Life by 10 Ed. 3. 3. § N. Dalt 192. § 6. Coro XXVIII Crompt 135. He that is acquit of Felony shall be bound to the Good Behaviour if he be of ill Fame or ill Gesture Rast Entr. 361. Dalt 192. § 6. Poult de Pace 118. XXIX Dalt 193. To be Drunken is a Breach of the Good Behaviour Ale as Sir Nicholas Hide did deliver it in his Charge at Cambridge Lent Assizes An. 3. Car. 1. XXX Dalt 193. cap. 75. Whether the Surety of the Good Behaviour taken upon complaint may be released by any special person Release some do doubt it because it seemeth more popular then the Surety of the Peace yet others do hold that it may be released either by the Justice of Peace himself that took it in discretion or by the party upon whose complaint it was granted even as that for the Peace may Dalt 176. cap. 71. 391. cap. 128. Lambert 123. XXXI Dalt 193. ibid. Supersedeas It seemeth also a Supersedeas of the Good Behaviour my be granted by the Justices of Peace as well as for the Peace mutatis mutandis upon Good Sureties c. Crompt 237. Dalt 365. cap. 122. 390. XXXII Cr. 146. Certiorari If a man be bound to the Good Behaviour before Justices of the Peace and to appear at the Assizes next c. the party bound may remove the Recognizance into the Chancery before the day and then he shall not be bound to appear at the Assizes for they have no Record whereon he can be demanded there and such a Certiorari was obtained de Banco Regis Hill 24 Eliz. to the Justices of Peace in Com' Staff to certifie such Recognizance of the Good Behaviour taken of one Ashenhurst Dalt 193.
can learn than by Admonition only and calling upon the Parties in which behalf if he shall not be obeyed accordingly he is to prefer the Cause at the Sessions and to work it to a Presentment upon the Statute and so by the help of his fellow Justices to hear and determine thereof as Law requireth Dalt 18. 19. cap. 5. But for prevention of the breach of the Peace he hath full Authority hereby 5. Not only to call the party for the finding of Sureties for the Peace or for the Good Behaviour as the Case shall require but also for not finding such Sureties to Commit him to safe Custody within his Majesties Goal or Prison Lamb. 77. 84. Jurisdiction VII Lambert 49 50. Least these Justices should rather Ground their Judgments upon the Number of voices then upon the weight of reasons this latter clause is shut up with a proviso and restraint § 15. That in all Cases of ambiguity and doubt they shall spare to proceed to Judgment and expect the presence of the Justice of Assize c. and yet as Mr. Fitzh 7. well Noteth is not their Judgment void if they list to proceed without such advise but it standeth good and effectual until it shall be Reversed by a Writ of Error Crompt 6. ab Oath VIII Lambert 53. The Oath of Office of a Justice of Peace Ye shall Swear that as Justices of the Peace in the County of M. in all Articles in the Kings Commission to you directed you shall do equal right to the Poor and to the Rich after your cunning Wit and Power and after the Laws and Customs of the Realm and Statutes thereof made § 2. And ye shall not be of Counsel of any quarrel hanging before you And 3. That ye hold your Sessions after the Form of Statutes thereof made And 4. The Issues Fines and Amerciaments that shall happen to be made and all Forfeitures which shall fall before you ye shall cause to be entred without any Concealment or Imbezelling and truly send them to the Kings Exchequer 5. Ye shall not let for Gift or other cause but well and truly you shall do your Office of Justice of Peace in that behalf and that you take nothing for your Office of Justice of the Peace to be done but of the King and Fees accustomed and Costs limited by the Statute And 6. Ye shall not direct or cause to be directed any Warrant by you to be made to the parties but you shall direct them to the Bayliffs of the said County or other the Kings Officers or Ministers or other indifferent persons to do Execution thereof So help you God and by the Contents of this Book in French Crompt 10. ab Dalt 13. cap. 4. Process IX Lambert 56. It would avail greatly to the furtherance of the service if the Ded ' potestat ' to give these Oaths viz. of Supremacy and Alleigance c. were dirigible to the Justices and none other to Minster the same not elsewhere but in their open Sessions Statutes X. Crompt 7. § 13. 14. By these words § 3. it appears that the Justices ought to do their Endeavour that these Statutes be kept in all points and that they in every of their Quarter Sessions should inquire of the Offenders against them and that they in their Charge given to the Enquests should rehearse especially the Articles of those Statutes that concern the conservation of the Peace and the Good Government of the Subjects of the Realm Fitzh J. P. 10. 10. Ed. 3. cap. 6. Imprisonment XI Crompt 9. b. § 49. The Justices of the Peace have no power to deliver the Goal unless only of those that are Indicted before themselves or before other Justices of Peace of the same County according to the power given to them by the Commission 13 Fitzh J. P. 14. Crompt 122. b. § 5. Lambert 541. XII Crompt 10. § 53. By these words § 6. it appears Enquest that two Justices of the Peace may enquire of all Articles expressed in their Commission though none of them be Justices of the Quorum but the Justices of Peace cannot hear and determine the Articles contained in their Commissions unless one of them be a Justice of the Quorum unless in special Cases given by Statutes XIII Dalt 19. cap. 5. By this Justices of Peace have Execution 13 Ed. 1 Stat. 2. of Winchester in charge it may appear that the King by his Commission may commit the Execution of the Statutes and Laws to whom he shall please and so also a Justice of Peace by vertue of the Commission may execute any Statute whereunto he shall be enabled by the said Commission although there shall be no express power given him so to do by the Words or Letter of the same Statute 22 Ed. 4. Jurisdict 61. Bract. 108. 11 Co. 65. XIV Dalt 19. cap. 5. Note also Commission that there be divers Statutes which be not specified within the Commission and yet are committed to the Charge and Care of the Justices of Peace but all such Statutes which do give expresly any power or Authority to the Justices of Peace are to them a sufficient Warrant and Commission of themselves though they be not recited in the Commission and all such Statutes are also to be executed by them according as the same Statutes themselves do severally prescribe and set down Lamb. 33 34. Pasch 11. H. 7. 22. pl. 11. of Rape XV. Lamb. 64 65. It is the opinion of the Court Records 9 Ed. 4. 3. 14 H. 8. 16. and of divers other Books in our Law that every one of the Justices of Peace even by himself is a Judge of Record for he is made by the Great Seal and hath judicial power and hath a Seal and by Brudnell Peace Br. 6. 14 H. 8. 16. if he make any Warrant though it be beyond his Authority it is not disputable by the Officer c. F. N. B. 81. E. Crompt 120. XVI Lamb. 65. Yea Supersedeas by good opinion 2 H. 7. 1. a Supersedeas of the peace made by one Justice under his Seal being brought into the Sessions is a sufficient Record to prove that there is a Recognizance of the Peace taken by the same Justice and it is warrant enough to call the party bound thereupon and if he make default to record the same XVII Lamb. 67. The Kings Majesty may discharge the Commissioners of the peace by his express Writ under the Great Seal Repealans L. 5 Ed. 4. 32. 137. Judges Br. 19. and if he send a Supersedeas to all the Commissioners of the peace that will suspend all their Authority but yet so that it may be renewed by a procedendo and therefore it doth not utterly determine their Authority as may be gathered by 12. Ass 21. Oyer Term. 4. XVIII Lamb. 67. Again Repealans when the Kings Majesty makes other Commissioners of
Dalt 2. cap. 1. 3. The Justices of C. B. and Barons of the Eschequer be Conservators within special places only that is to say within the Precincts of their several Courts so also the Justices of Assize may Award a Man to Prison that breaketh the Peace in their presence and they may command the keeping of the Peace under a pain and that Weapons be taken from the Jurors or Witnesses that appear before them if any complaint be thereupon made but as they be meerly Justices of Assize they can neither take Surety of the Peace nor Award any Process for it by Marrow Dalt 2. cap. 1. 4. The Justices of Goal-delivery may take Surety for the Peace of a Prisoner before them that was committed for not finding Surety of the Peace by Marrow 5. The Coronors saith Britton 3. be principal Conservators of the Peace within their Counties and every Sheriff is a Conservator of the Peace within his County as Judge Fineux affirmed 12 H. 7. 17. and after him F. N. B. 81. D. where he saith that the Sheriff may upon request made and without any Writ sent unto him command a Man to find Surety of the Peace by Recognizance Crompt 196 b. Infra Dalt 3 c. 1. 6. The Steward of the Marshalsey may take Surety of the Peace by Recognizance also within the Verge by Prescription Dalt 2. cap. 1. And the Constable and Marshall of the Kings House may see to the Conservation of the Peace within the same House by Marrow 7. The Steward of the Sheriffs Turn the Steward in a Leet or the Steward in a Court of Pypowders cannot grant Surety of the Peace unless it be by Prescription Dalt 2. cap. 1. XI Kilb. Precedents 190. Bailmen◠A Recognizance to appear and Answer for Felony Memorand ' quod 20 die Maij Anno Regni Domini Caroli Secundi c. R. C. de L. Generos E. C. de L. predict Generos J. B. de eodem Gen. M. C. de Eodem Yeoman venerunt coram me J. H. Armiger ' uno Justiciar ' dicti Domini Regis ad Pacem in Com. predict conservand ' Assignat ' manuceperunt per R.B. de L. in Com. predict Gent. viz. Quilibet eorum corpus pro corpore quod idem R. B. personaliter comparebit coram prefatis Justiciarijs Socijs suis ad proximam Generalem Sessionem Pacis in Com. predict tenend ' ad stand ' Rect. in Curia si quis versus eos tunc loqui voluerit de diversis Felonijs Transgressionibus unde idem R. B. Indictatus existit ut dicitur ad respondendum dicto Domino de eisdem porut debet Datum c. XII Crompt 196. § 1. Justices A Justice of the Peace may take Recognizances of the Peace because he is a Judge of Record and yet the Commission doth not give it F. N. B. 80. Dalt 170. cap. 70. XIII Crompt 196. § 4. Justices of Peace Mayors Bayliffs Vicounts Games and every other Chief Officers who find or know of any other using or exercising any unlawful Game against 33 H. 8. 9. § 14. N. 3. may bind them by Obligation to the Kings use in such Sum as they conclude reasonable that they shall not use such unlawful Games afterwards Crompt 197 b. § 2 b. XIV Crompt 196. § 5. Sepersedeas Justices of Assize out of their Places granting the Peace Another Justice of Peace there may make a Supersedeas but not where it s granted sitting the Court as I heard was done at Derby 43 Eliz. Quaere Dalt 168. cap. 69. Ale XV. Crompt 196. § 6. Justices of Peace may take a Recognizance of such who have Licence to keep an Alehouse for keeping of good rule and that they shall not use unlawful Games there 5 6 Ed. 6. 25. § N. Variance XVI Crompt 196 b. § 7. If a Statute gives Power to a Justice of Peace to take a Recognizance or Obligation for any Cause and the Justice of Peace inserts therein any other Cause it seemeth that the whole Recognizance shall be void as Com. 62. c. Bastardy XVII Crompt 196 b. § 8. Quaere If a Justice of Peace may by his Discretion bind a Man to the good behaviour who hath gotten a Woman with Child to be forth-coming until the delivery because that otherwise paradventure he will flie but 18 Eliz. 3. § 2. N. 3. doth not give this but it seemeth reasonable Lambert 119. Dalt 191. Cap. 75. Process XVIII Crompt 196. § 9. A Justice of Peace cannot Award process upon a Recognizance forfeit before them as it seemeth but must certifie it unto the Chancery B. R. or Exchequer by 3 H. 7. 1. § 1 N. 26. Dalt 173. cap. 70. Peace Br. 11. infra Constable XIX Crompt 196. § 10. A Constable may bind a Man by Obligation to keep the Peace 10 Ed. 4. 18. Surety Br. 26. Recognizance Br. 14. but 3 H. 4. 9. Surety Br. 23. Contra. as to the Obligation with Penalty Dalt 4. cap. 1. 2. Lambert 14. 15. These Constables were ordained as it appeareth 3 H. 4. 9. Surety Br. 23. 10. H. 4. and Fitzh 172. to keep the Peace and to repress Felons and might take Surety of the Peace by Obligation if they found any Man making an Affray or otherwise commit him to Prison untill he should find such Surety I have read also that a Constable might at the common Law have Bailed a Suspect of Felony by Obligation because he was a Conservator of the Peace And that both he and the Sheriff lost this Authority by 3 H. 7. 3. § 1. N. 5. 1 2 Ph. Mar. 13. § 5. N. 2. the which Statutes in giving that Power to Justices of Peace do in the Opinion of some Men take it from the Sheriff and Constable reported by Dalison Justice Supra Sheriffs XX. Crompt 196. § 13. A Sheriff may take a Recognizance of the Peace Virtute Officij as it seemeth F. N. B. 81. D. supra because its an Office of Record Quaere tamen Cattle XXI Crompt 196. § 14. Justices of Peace in their Sessions may take a Recognizance of Badgers and Drovers that they shall not forestall nor ingross nor do any other thing against the Statute of 5 6 Ed. 6. 14. Poor XXII Crompt 196 b. § 15. A Justice of Peace in Sessions may take a Recognizance of him that takes a Rogue in Service to appear at the same Sessions a year next after 14 Eliz. 5. § N. Fowl XXIII Crompt 196 b. 197 a. § 16. A Justice of Peace may bind a Man for two years that he shall not kill nor take Phesants nor Patridges against the Statute 23 Eliz. 10. § 2. N. 5. And it seemeth it shall be by Recognizance and yet the Statute doth not say whether it shall be by Recognizance or otherwise and so he may bind him that Hawks in anothers Corn contrary to the said Statute
Mares or Gâ—ldings into Scotland or beyond the Seas C. 7. § 4. N. 1. And also be it Ordained c. that albeit any Abatement c. Iustice of the Peace within any of the Kings Dominions c. shall fortune to be made c. Duke Arch-Bishop Marquis Earl Viscount Baron Bishop Knight Iustice of the one Bench or of the other or Serjeant at the Law or Sheriff yet that notwithstanding he shall still remain Iustice c. and have full Power c. as he or they might or ought to have done before the same § 6. N. 1. And over that no manner of Process or Suit made c. before any Justices c. Iustices of Peace c. shall ne in any wise be discontinued c. by altering of the names of the c. Iustices of Peace 11 H. 6. Cap. 6. § 1. N. 2. C. 12. § 19. N. 3. And that the same Accusation c. so to be had made and declared Treason viz. withâ—n thirty days after Treason spoken c. shall be made to one of the Kings Council or to one of the Kings Iustices of Assize or else to one of the Kings Iustices of the Peace being of the Quorum or to two Iustices of the Peace within the Shire where the same Offence c. shall happen to be done or committed any thing in this Act contained to the contrary in any wise notwithstanding 2 3 Ed. 6. C. 2. § 4. N. 1. And if such Souldiers so offending War viz. departing or selling their Harness c. fortune to escape from the Lieutenant c. without the Punishment viz. of Imprisonment till Satisfaction and Restitution aforesaid that then the same Souldier upon complaint made by the Party grieved or his Executors or Administrators upon due Proof thereof to made to any Iustice or Iustices of the Peace in the parts where such Souldiers so offending shall be found shall be by such Iustice or Iustices committed to Ward there to remain without Bail or Mainprize until he have satisfyed the Party grieved his Executors or Administrators of and for such Horses Geldings or Mares and Harness so by any such Souldier wilfully lost exchanged altered or otherwise purloyned Process And that the Iustices of every Shire where any such Souldier viz. Departing without Licence shall be taken shall have full Power to inquire § 6. N. 2. hear and determine in all and every the said Offences concerning every such Departure as they do and may do in all other Cases of Felony committed in the Shire where such Souldiers shall be taken Justices And be it further Enacted C. 10. § 4. N. 1. c. that the Iustices of Peace in every of their Sessions and also the Steward in every Leet shall have full Power c. to inquire hear and determin as well by Presentment of twelve Men as by Accusation or Information of two honest Witnesses of for and upon all and every the Offences and Forfeitures c. viz. of not well drying sifting or mixing of Mault c. as well for the King as for the Party that shall sue procure or cause the same to be presented as is beforesaid And if any of them viz. Constabâ—es Bailiffs c. shall thereupon Viz. on Search find any Mault so put to Sale Coron being evil made § 4. N. 3. or mingled with evil Mault c. that then the said Bailiff or Constable so finding any such Mault c. with the advise of one Iustice of Peace within the same Shire shall cause the same to be sold to such person c and at such reasonable price c. and under the common price of the Market as to his discretion shall seem necessary and expedient And that all and every other person Authorized to shoot or otherwise if he inhabit in any Town-Corporate be presented by the Mayor or other Officer of the same Games and inhabiting in the County C. 14. § 2. N. 2. be presented within one Month after the publishing of this Act to the next Iustice of Peace adjoyning In which Cases the said Mayor Iustice or other Officer so taking their names as is aforesaid Corporation § 2. N. 3. shall again present and record the same before a Iustice of the Peace at the next Quarter Sessions to the intent the Clerk of the Peace of the County may keep a certain Book or Roll of the names of all such persons by the which the Kings Majesty may from time to time be ascertained how many sheet and able men exercised in that Feat be in every County that the same may be imployed in his Graces Service as need and occasion shall require And it is further Ordained c. that all and singular Iustices of Assize Victuals Iustices of Peace Mayors Bailiffs and Stewards of Leets C. 15. § 3. N. 1. at all and every their Sessions Leets and Courts shall have full Power and Authority to inquire hear and determin all and singular Offences committed against this Statute viz. of Conspiracy by Victualers Artificers c. and to punish or cause to be punished the Offender according to the Tenor of this Act viz. by Fine Imprisomnent Pillory c. Fish And furthermore it is Ordained c. that Iustices of Goal delivery and Iustices of Peace in all and singular Counties Cities C. 19. § 4. N. 1. Towns-Corporate and other places within this Realm of England and other the Kings Dominions shall have full Power and Authority to inquire hear and determin all manner of Offences that shall be committed or done contrary to this Act viz. Eating Flesh on Fridays Saturdays Embring-days and Fish-days in like manner and form as they may inquire hear and determin any Trespass or other Offence against the Kings Peace committed or done within the limits or place where they then shall be Iustices c. For redress c. be it Enacted c. that where any person C. 24. § 2. N. 5. c. shall be Feloniously stricken or poysoned in one County Coron and dye of the same c in another County that then an Indictment thereof found by Iurors of the County where the death shall happen whether it shall be found before the Coroner c or before the Iustices of Peace or other Iustices or Commissioners c. shall be as good c. as if the Stroke or Poysoning had been committed or done in the same County where the Party shall dye or where such Indictment shall be so found c. And further be it Enacted c. that where any Murder or Felony hereafter shall be committed and done in one County Lieu. § 4. N. 1. and another person or more shall be accessary c. in any manner of wise c. in any other County that then an Indictment found c. before the Iustices of Peace or other Iustices
Essoyn Protection Wager of Law or Licence to the contrary shall be allowed Cattle And be it Enacted C. 7. § 7. N. 1. c. that the Iustices of Peace of every Place and County as well within Liberties as without shall have Authority in their Sessions within the limits of their Authority and Commission to inquire hear and determine all Offences against this Statute viz. of selling Horses Gueldings Mares and Colts in Fairs and Markets Overt as they may do any other matter tryable before them Ways And in default of such Inquiry or Presentment C. 8. § 2. N. 10. viz. in Leet of not amending High-ways c. the Iustices of Peace for every Place or County shall have Authority to inquire of the same the Offences which shall be committed within the limits of their Commission at every their Quarter Sessions and to assess such Fines therefore as they or two of them whereof one to be of the Quorum shall think meet Account And the said Church-wardens shall have Authority to call the said Bailiff and Head-Constable to Account before the Iustices of Peace or two of them wherof one to be of the Quorum by Bill § 4. N. 2. Information or otherwise Bail And forasmuch as the said Act viz. 1 2 Ph. Mar. Cap. 13. § 4. N. 1. doth not extend to such Prisoners as shall be brought before any Iustice of Peace for Manslaughter or Felony C. 10. § 2. N. 1 and by such Iustice shall be committed to Ward for the Suspition of such Manslaughter or Felony and not Bailed in which Case Examination of such Prisoner and of such as bring him is as necessary or rather more than where such Prisoner shall be let to Bail or Mainprize Proof Be it therefore Enacted § 2. N. 2. c that from henceforth such Iustice or Iustices before whom any person shall be brought for Manslaughter or Felony or for Suspition thereof before he or they shall commit or send such Prisoner to Ward shall take the Examination of such Prisoner and Information of those that bring him of the Fact and Circumstances thereof and the same or as much thereof as shall be material to prove the Felony shall put in Writing within two days after the said Examination Certificate And the same shall certify in such manner and form § 2. N. 3. and at such time as they should and ought to do if such Prisoner so committed or sent to Ward had been Bailed or let to Mainprize upon such Pain as in the said former Act viz. 1 2 Ph. Mar. Cap. 13. § 5. N. 5. is limited and appoin◠for not taking or not certifying such Examinations as in the said former Act is expressed Recognizance And be it further Enacted § 2. N. 4. that the said Iustices shall have Authority by this Act to bind all such by Recognizance or Obligation as do declare any thing material to prove the said Manslaughter or Felony against such Prisoner as shall be so committed to Ward to appear at the next general Goal-delivery to be holden within the County City or Town-Corporate where the Tryal of the said Manslaughter or Felony shall be then and there to give Evidence against the Party § 2. N. 5. And that the said Iustices shall certify the said Bonds taken before them Certificate in like manner as they should and ought to certify the Bonds mentioned in the said former Act viz. 1 2 Ph. Mar. Cap. 13. § 5. N. 3. upon Pain as in the said former Act is mentioned for not certifying such Bonds as by the said former Act is limited and appointed to be certified Cap. 18. Where the King and Queens most Excellent Highness Coporation and their Noble Progenitors Kings of this Realm have heretofore granted their several Commissions directed as well unto the Mayors Recorders and other Grave Men and Inhabitants of certain Antient and Famous Cities and Towns-Corporate within this Realm of England not being Counties in themselves as also unto divers other worshipful and learned men dwelling out of the same Cities and Towns-Corporate as well for the keeping of their Peace good ordering of their People and executing of their Laws and Statutes within the same Cities and Towns-Corporate as also for the Delivery of their Majesties Prisoners remaining in the Goals there and after the granting of such Commissions their Majesties have granted divers other like Commissions unto certain worshipful and learned men of the Shires Laths Rapes Ridings and Wapentakes of this Realm of England for the Confirmation of their Peace and also delivering of their Prisoners remaining in their Goals within the same Shires Laths Rapes Ridings and Wapentakes § 1. N. 2. Which Commissions so bearing a later date Supersedeas have been a Supersedeas and clear Discharge unto all and singular the said former Commissions granted unto the said Cities and Towns-Corporate not being Counties in themselves § 1. N. 3. So that the said Mayor Commission and other grave and chiefest Officers of every such City and Town-Corporate have been charged to sue for the renewing again of such Commissions both for the Peace and Goal-delivery to the great Expences Cost and Charges of the said Mayor and other the Inhabitants of such Cities and Towns-Corporate and to the great protracting and delay of Iustice therein in the mean time for Reformation whereof and for the better Advancement of Iustice in the Premisses § 2. N. 1. Be it therefore Enacted Franchise c. that all and singular Commission and Commissions granted or to be granted to any such City or Town-Corporate not being as is aforesaid a County in it self for the keeping of their Peace and delivery of the Prisoners remaining in the Goals of any such City or Town-Corporate not being a County in it self shall stand remain and be Good and Available and Efectual in the Law to all Intents Constructions and Purposes the granting of any like Commission of the Peace or Goal-delivery to any Commissioner or Commissioners for the Conservation of the Peace or Delivery of the Prisoners remaining in the Goal of any Shire Lath Rape Riding or Wapentake within this Realm of England bearing date after the said Commission or Commissions granted as is aforesaid to any such City or Town-Corporate not being as is aforesaid a County in it self to the contrary notwithstanding C. 21. § 10. N. 2. Be it therefore Enacted Riot c. viz. because good and beneficial that all the said several Acts c. viz. 1 Mar. 1. St. 2. Cap. 12 c. and all Clauses c. shall be revived c. untill the last day of the next Parliament 4 5 Ph. Mar. Cap. 9. § 14. N. 2. 4 5 Ph. Mar. Cap. 2. § 8. N. 2. And be it further Enacted War c. that the Iustices of Peace
c. as for not repairing to Church according to the meaning of former Laws in such manner and form as the said Iustices of Assize and Goal-delivery do or may do by former Laws in Case of Recusancy for not repairing to Church Justices And also shall have Power at their Assizes and Goal-delivery § 7. N. 2. and at the Sessions in which any Indictment against any person either for not repairing to Church according to former Laws or not receiving the said Sacrament according to this Law shall be taken to make Proclamation by which it shall be commanded that the Body of every such Offender shall be rendred to the Sheriff of the same County or Bailiff or other Keeper of the Goal of the Liberty before the next Assizes and general Goal-delivery or before the next general or Quarter Sessions respectively to be holden for the said Shire Limit Division or Liberty Process And if at the next Assizes and general Goal-delivery or Sessions § 7. N. 3. the same Offender so proclaimed shall not make appearance of Record that then upon every such Default Recorded the same shall be as sufficient a Conviction in Law of the said Offence whereof the Party shall stand Indicted as aforesaid as if upon the same Indictment a Tryal by Verdict thereupon had Proceeded and been found against him or her and Recorded Certificate And that every Conviction recorded for any Offence before mentioned § 9. N. 1. shall from the Iustices before whom the Record of such Conviction shall be remaining be certified into the Kings Majesties Court of Exchequer before the end of the Term following such Conviction in such convenient certainty for the time and other Circumstances as the Court of Exchequer may thereupon award out Process for the Seisure of the Lands and Goods of every such Offender as the Cause shall require Ordinary Be it also Enacted c. that §. 13. N. 2. c. it shall be lawful to and for any Bishop in his Diocess or any two Iustices of Peace whereof one of them to be of the Quorum within the limits of their Iurisdiction out of the Sessions to require any person of the Age of Eighteen years or above being or which shall be convict or indicted of or for any Recusancy other than Noble-men or Noble-women for not repairing to Divine Service according to the Laws of this Realm Religion Or which shall not have received the said Sacrament twice within the year then next past Noble-men and Noble-women excepted § 13. N. 3. Oath Or any person passing in or through the County § 13. N. 4. Shire or Liberty and unknown except as is last before excepted that being examined by them upon Oath shall confess or not deny him or herself to be a Recusant or shall confess or not deny that he or she had not received the Sacrament twice within the year then last past to take the Oath hereafter following c. viz. of Allegiance Certificate Which said Bishop or two Iustices of the Peace § 13. N. 5. shall certify in Writing subscribed with his or their Hands at the next general or Quarter Sessions for that Shire Limit Division or Liberty within which the said Oath shall be so taken the Christian-name Sir-name and Place of abode of every person which shall so take the said Oath which Certificate shall be there recorded by the Clerk of the Peace or Town-Clerk and kept amongst the Records of the said Sessions Imprisonment And be it further Enacted that if any such person § 14. N. 1. c. other than Noble-men or Noble-women shall refuse to answer upon Oath to such Bishop or Iustices of the Peace examining him or her as aforesaid or to take the said Oath viz. of Allegiance so duely tendred unto him or her by such Bishop or two such Iustices of Peace out of Sessions that then the said Bishop or Iustices of Peace shall and may commit the same person to the common Goal there to remain without Bail or Mainprize until the next Assize or General or Quarter Sessions to be holden for the said Shire Division Limit or Liberty Oath Where the said Oath viz. of Allegiance shall be again in the said open Assizes or Sessions § 14. N. 2. required of such person by the said Iustices of Assize or Iustices of Peace then and there present or the greater number of them § 14. N. 3. And if the said person or persons or any other person whatsoever Forfeiture other than Noble-men or Noble-women of the Age of eigteen years or above shall refuse to take the said Oath viz. of Allegiance being tendred unto him or her by the Iustices of Assize and Goal-delivery in the open Assizes or the Iustices of Peace or the greater part of them in their said general or Quarter Sessions every person so refusing shall incur the Danger and Penalty of Premunire viz. â—6 Rich. 2. Cap. 5. § 2. N. 6 § 14. N. 4. Except Women Convert who upon refusal of the said Oath Women viz. of Allegiance shall be by the said Iustices of Assize in their open Assize or Iustices of Peace in their general or Quarter Sessions for the said Offence committed only to the Common Goal there to reman without Bail or Mainprize till they will take the said Oath § 24. N. 1. Provided nevertheless that the last mentioned Clause Pope c. viz. of Reconcilement to Rome shall not extend c. to any person or persons whatsoever which shall hereafter be reconciled to the Pope or See of Rome c. for and touching the point of so being reconciled only that shall return into this Realm and thereupon within six days next after such Return before the Bishop of the Diocess or two Iustices of the Peace joyntly or severally of the County where he shall arrive submit himself to his Majesty and his Laws and take the Oath c. viz. 1 Eliz. Cap. 1. § 19. N. 4. of Supremacy as also the Oath before set down c. viz. of Allegiance § 24. N. 2. Which said Oaths Oath Viz. of Supremacy and Allegiance the said Bishop and Iustices respectively shall have Power and Authority by this present Act to minister unto such persons as aforesaid § 24. N. 3. And the said Oaths so taken Certificate the said Bishop and Iustices before whom the said Oaths shall be so taken respectively shall certifie at the next general or Quarter Sessions of the Peace to be holden within the said Shire Limit Division or Liberty wherein such person as aforesaid shall submit himself and take the said Oaths as aforesaid upon Pain of every one neglecting to certifie the same as aforesaid the sum of forty pounds § 25. N. 1. And be it further Enacted that all Justices c. that shall offend contrary to this present Branch of this
N. 5. And further to become bound by Recognizance in the sum of twenty pounds to his Majesty his Heirs and Successors Recognizance with Condition that they the said Party so offending shall not at any time hereafter take kill or destroy any Phesant or Partridge § 8. N. 6. Which said Recognizance shall be taken by any one or more Iustices of the Peace of the said County Justices City or Town-Corporate where the said Offence shall be committed as aforesaid and shall be returned to the next Quarter Sessions and there to remain of Record as other Recognizances taken for the Peace § 9. N. 1. And be it further Enacted Constable that every Constable and Head-borough in every County City Town-Corporate and other Place where they shall be sworn Officers shall and may by vertue of this present Act bringing with them to that purpose a Lawful Warrant under the Hands of two Iustices of the Peace of the County City Liberties or Town-Corporate have full Power and Authority to enter into and search the house c. of any person c. other than such as by this present Act are allowed to take Phesants and Partridges with Nets as aforesaid being suspected to have any setting Dogs or Nets for the taking of Phesants and Partridges 21 Jac. Cap. 7. § 3. N 1. And be it further Enacted that any Iustice of Peace in any County Ale and any Iustice of Peace or other Head-Officer in any City or Town-Corporate within their Limits respectively shall from henceforth have Power and Authority upon his own view confession of the party or proof of one Witness upon Oath before him which he by vertue of this Act shall have Power to administer to convince any person of the Offence of Drunkenness whereby such person so convict shall incur the Forfeiture of five shillings for every such Offence and the same to be levyed or the Offender otherwise punished as in the said Statute is appointed § 3. N. 2. And for the second Offence Behavior he shall become bound to the Good-behavior as if he had been convicted in open Sessions any thing in the said former Statute c. viz. 4 Jac. Cap. 5. to the contrary notwithstanding Cap. 8. Whereas divers turbulent and contentious persons Peace some out of Malice and others in hope of Gain by way of Composition do oftentimes upon their Corporal-Oaths peremptorily and corruptly taken or otherwise upon false Suggestions and Surmises procure Process of the Peace or Good-behaviour out of his Majesties Courts of Chancery and Kings Bench against divers of his Majesties quiet Subjects whose dwellings and abodes are for the most part in Counties far distant and remote from the said Courts to their intolerable trouble and vexation whereas they might upon good cause shewed receive Iustice at the hands of the Iustices of Peace in the Counties where they dwell § 2. N. 1. For remedy whereof be it Enacted Process c. that all Process of the Peace or Good-behaviour after the end of this Session of Parliament to be granted or awarded out of the same Courts or either of them against any person or persons whatsoever at the Suit of or by the Prosecution of any person or persons whatsoever shall be void and of none effect unless such Process shall be so granted or awarded upon motion first made before the Iudge or Iudges of the same Courts respectively fitting in open Court and upon Declaration in Writing upon their Corporal Oaths to be then exhibited unto them by the said Parties which shall desire such Process of the Causes for which such Process shall be granted or awarded by or out of any of the said Courts respectively and unless that such motion and declaration be mentioned to be made upon the back of the Writ the said Writings there to be entred and remain of Record § 2. N. 2. And that if it shall afterwards appear unto the said Courts or either of them respectively Damages that the Causes expressed in such Writings or any of them be untrue that then the Iudge or Iudges of the said Courts or either of them respectively shall and may award such Costs and Damages unto the Parties grieved for their or any of their wrongful Vexations in that behalf as they shall think fit and that the Party or Parties so offending shall and may be committed to Prison by such Iudge or Iudges until he or they pay the said Costs and Damages Supersedeas And whereas divers turbulent and contentious persons deservedly fearing to be bound to the Peace or Good-behavior by the Iustices of Peace of the Counties where they dwell § 2. N. 3. do oftentimes procure themselves to be bound to the Peace or Good-behavior in the said Courts or one of them upon insufficient Sureties or upon colourable Prosecution of some person or persons who will be ready at all times to release them at their own pleasure whereupon his Majesties Writs of Supersedeas are oftentimes directed to the Iustices of Peace and other his Majesties Officers requiring them and every of them to forbear to arrest or imprison the Parties aforesaid for the Causes aforesaid by means whereof the said turbulent and contentious persons misdemean themselves amongst their Neigbours with Impunity to the great Offence and Disturbance of their Neighbours amongst whom they converse and live and to the affront of the Iustices of Peace and to the evil Example and Incouragement of like evil disposed persons Oath Be it further Enacted by the Authority aforesaid § 3. N. 1. that all Writs of Supersedeas after the end of this present Session of Parliament to be granted by or out of either of the Courts aforesaid shall be void and of none effect unless such Process be granted likewise upon motion in open Court first made as aforesaid and upon such sufficient Sureties as shall appear unto the Iudge or Iudges of the same Court respectively upon Oath to be assessed at five pound Lands or ten pounds in Goods in the Subsidy-book at the least Record Which Oaths and the Names of such Sureties § 3. N. 2. with the Places of their abode and where they stand so assessed in the Subsidy-books shall be entred and remain of Record in the same Courts Process And unless it shall also first appear unto the said Iudge or Iudges before whom such Supersedeas is desired § 3. N. 3. that the Process of the Peace or Good-behavior is prosecuted against him or them desiring such Supersedeas bona fide by some Party grieved in that Court out of which such Supersedeas is desired to be so awarded and directed Bail And whereas divers lewd and evil disposed persons commonly called Common-Bailers or Knights of the Post being base or beggarly persons § 4. N. 11 do oftentimes procure themselves to be assessed at high rates in the Subsidy-books and
the Quorum License may prohibit and remove Common-Ale-selling and may also allow the same taking Bond with suretie by Recognizance for good rule to be kept in such Ale-houses c. by their discretion and they may also Commit and Imprison for three days those that keep Common-Ale-selling of their own heads against prohibition or without allowance thereof and may after take Recognizance of them with two Sureties that they shall keep none Dalt cap. 7. pag. 28. 373. c. Cromp. 198. b. 199. V. 2. Role 398. Anonym Mich. 21. Jac. in B. R. per Haughton Justice Indictment A man cannot be Indicted for keeping of an Ale-house without Licence for the Statute 5 and 6 Ed. 6. 25. § 4. N. 1. is that if any one hold an Ale-house without Licence that he shall be committed and by this the Justice of P. if they please to take notice of this may Imprison the party Palmer 388. 6. Dalt cap. 7 pag. 31. Lamb. 346. Seeing that the order of the Conditions of these Bonds is partly reserved to discretion Recognizance I will for the better bridling of these Nurseries of naughtiness leave with you that form of them which I have known practiced by that Honourable Justice the late Lord William Cobham Lord Warden of the five Ports Lord Chamberlain of the late Queen Elizabeths Houshold and one of her Privy-Council The Condition of this Recognizance is such whereas the within Bounden A. B. is admitted and allowed by the within named Lord Cobham and J. Lenison Knight two of the Queens Majesties Justices of the Peace within the County of Kent within Written to keep a common Ale-house or Tipling-house and to use common selling of Ale or Beer only within the now house of him the said A. B. and not elsewhere scituate in the High-street of the Town of M. within Written and called the Sign of the Hart. If therefore he the said A. B. during such time as he shall keep such Common Ale-house there shall not suffer any unlawful Play at the Tables Dice Cards Tennis Bowls Cloysh Coits Loggets or other unlawful Games to be used in his said House or in his Garden Orchard or other his Ground or Place nor dress or cause or suffer to be dressed any Flesh to be eaten upon any day forbidden by the Laws and Statutes of this Realm of England nor wittingly and willingly admit or receive into his said House or any part thereof any person notoriously defamed of or for Incontinence or Drunkeness or that shall be before hand notified to him the said A. B. by the Constable or Borsholder of M. aforesaid for the time being or by the Deputy or either of them to be an unmeet person to be received into a common Ale-house nor Keep or Lodge there any strange person above the space of one Day and one Night together without notice thereof first given to the Constable or Borsholder or the Deputy the one of them there and finally if the said A. B. during all the time that he shall keep common selling of Ale or Beer in the said house shall and will there use and maintain Good Order and Rule then this present Recognisance to be void or else to stand in full force power and vertue c. Dalt 373. Gâ—mes VII Dalt cap. 123. pag. 374. In the condition not to suffer Play c. adds especially by mens Servants Apprentices Common Labourers or Idle persons c. nor shall keep or Lodge there any strange person above the space of one day and one night together without notice thereof first given to the Constable or his Deputy there Recogn VIII Dalt cap. 123. pag. 376. Memorandum quod die Anno Regni Dom. Caroli c. Coram T. P. H. D. Armig. Justiciar dicti Dom. Regis ad pacem in Commitatu predict conservand assignat c. A. B. de c. C. D. de c. manuceperunt pro W. S. de c. Victualler viz. uterque manucaptores predict sub pena Quinque libar predict W. S. assumpsit pro se sub pena X. li. quas concesserunt se debere dicto Dom. Regi c. sub conditione sequenti Recogn The condition of this Recognisance is such that whereas the above or within Bounden W. S. is admited and allowed by the said Justices to keep a common Ale-house and Victualling-house until the first of April or for the space of one whole year next ensuing the date hereof and no longer in the house where he now dwelleth at in the said County of and not elsewhere in the said County If therefore the said shall not during the time aforesaid permit or suffer or have any Playing at Dice Cards Tables Coits Loggets Bowls or any other unlawful Game or Games in his House Yard Garden or Backside 2. Nor shall fuffer to be or remain in his House any person or persons not being his ordinary Houshold Servants upon any Sabbath day or Holy day during the time of Divine Service or Sermon 3. Nor shall suffer any person to Lodge or stay in his house above one Day and one Night but such whose true Name and Surname he shall deliver to some one of the Constables or in his absence to some of the Officers of the same Parish the next day following unless they be such person or persons as he or she very well knoweth and will answer for his or their forth-coming 4. Nor suffer any person to remain in his or her house Tippling or Drinking contrary to the Law 5. Nor yet to be there Tippling or Drinking after Nine of the Clock in the Night-time 6. Nor buy or take to Pawn any stollen Goods 7. Nor willingly harbour in his said House or in his Barns Stables or other where any Rogues Vagabonds Sturdy-Beggars Masterless-Men or other notorious offendors whatsoever 8. Nor suffer any person or persons to sell or utter any Beer or Ale or other Victual by Deputation or by colour of his or her Licence 9. And also if he shall keep the true Assize and Measure in his Pots Bread and otherwise in his uttering of his Ale Beer and Bread 10. And the same Beer and Ale to sell by sealed Measure and according to the Assize and not otherwise 11. And shall not utter or sell any Strong Beer or Strong Ale above a penny the Quart and Small Beer or small Ale above a half penny the Quart and so after the same Rates 12. and also shall not utter nor willingly suffer to be Vttered Drunke taken or tippled any Tobacco within his said house shop cellar or other place thereunto belonging that then c. IX Lamb. 3. cap. 2. pag. 351. In some Shires the Justices of the Peace do condescend upon certain Articles framed by their discretions Justice and generally to be propounded to all common Ale-sellers taking the Bond for the performance of the same Articles a Copy whereof they do usually deliver to every
Punishment which is given by the same Statute is that such person shall be whipt as a Rogue which plainly proves the Statute intends only those who are of full Age and if other Construction shall be made perhaps the Son of a Gentleman may be punished as a Rogue by such departure And he held that if an Apprentice depart with his Masters Goods delivered to him that he is not within 21 H. 8. 7. as another Servant is Hob. said that he doubted much whether an Apprentice had been within that Statute though the proviso 5 Eliz. 4. § 42. N. 1. had not been But this proves that the makers of the Statute thought this to be a hard matter to make an Infant who is an Apprentice to be within the danger of the same Law and for that reason the proviso of the Statute was made Winch. said to which Hutton agreed that upon the nil debet this may be moved in Arrest of Judgement if the matter be not within the Statute adjurnatum Dalt 82. supra Hetley 164. supra LXIII Dalt 359. cap. 121. A Warrant for a fugitive Servant Process I. C. Miles unus Justiciar ' Dom ' Regis c. Ballivis Hundred ' de B. T. H. Constabular ' de M. in Com' predict ' salutem Camb. ss Quia E. I. retentus in Servitio I. T. de M. predict ' sibi serviend ' secundum form ' effect ' Statut ' de servientibus edit ' a Servicio predict ' I. T. sine causa rationabili licentia ipsius I. T. recessit ut dicitur ideo ex parte Dom ' Regis vobis cuilibet vestrum precipio quod prefat ' E. L. ad prefat J. T. magistrum suum de serviend ' deliberar ' faciatis si hoc recusaveris tunc eum Goalae de C. c duci faciatis quousque c. ita quod eum habeatis coram me sociis meis Justiciar ' dicti Dom ' Regis in Com' predict ' ad proxim ' sessionem pacis ibid ' tenend ' ad faciend ' recipiend ' ea quae ei tunc ibidem in hac parte objicientur Sigillo meo sigillat ' Dat' apud c West Preced ' ◠part Sect. 578. Process LXIV Dalt 359 360 Another Warrant for a Fugitive Servant To the Sheriff of c. Cambr. ss WHereas I. E. being Lawfully retained in service with N. A. of c. is departed from his said Masters service before the end of his Term without his Masters leave or license or without any reasonable cause contrary to the Laws and Statutes of this Realm in that behalf provided these are therefore in his Majesties Name to command you and every of you that you or some one of you do Attach the Body of the said I. E. And to bring him before me or some other of his Majesties Justices of the Peace c. To find sufficient sureties well and faithfully to serve his said Master according to the Covenant between them made c. And if he shall refuse thus to do that then you cause him to be conveyed safely to the Kings Majesties Goal c. Labourers LXV Crompt 238. de Servientibus ubi requisit ' fuerunt ad serviend ' recusantibus Dalt 360. cap. 121 Staff ss Will ' Basset Arnig ' unus Justic ' c. R L Ballivo de S. in Com' pred' salutem Ex parte dicti Dom ' Regis tibi mando quod Attachias R. A. de S pred' Labourer ita quod eum habeas coram me vel sociis meis Justic ' dicti Domini Regis ad pacem in Com' pred' conservand ' necnon ad diversas felonias transgress ' alia malefacta in eodem Com' andiend ' terminand ' assignat ' ad proximam Generalem Sessionem pacis in Com' pred' tenend ' ad respondend ' tam dicto Domino Regi quam B C. de A. c. Yeoman quare ipse pred' R. A. licet in servitio congruo pro statu suo per prefat ' B. C. fuit sepius requisitus ei servire ipse tamen B. C. servire penitus recusavit in contempt ' dicti Domini Regis ipsius B. C. grave damnum contra form ' Statut ' de Servientibus nuper edit ' provisi habeatis ibi tunc hoc mandatum Teste c. See 5 Eliz. 4. Departure LXVI Crompt 238. Warrant ' ad capiend ' Servum qui recessit ante finem termini Staff ss R. B. Armig ' unus Justic ' c. Vic' Com' pred' necnon I. B. Constabular ' Villae de B. R. N. Ballivo itineranti in eodem Com' eorum cuilibet salutem Ex parte dicti Domini Regis vobis cuilibet vestrum mando quod attachiatis seu unus vestrum attachiat W. B. de R. pred' Labourer ita quod cum habeatis seu unus vestrum habeat coram me sociis meis Justiciar ' dicti Domini Regis ad pacem in Com' pred' conservand ' necnon c. assignat ' ad proximum Generalem Sessionem pacis in Com' pred' tenend ' ad respondend ' tam dicto Domino Regi quam R. C. de c. Yeoman quare in servitio ipsius R. apud T. in Com' pred' nuper retentus fuit ab eodem servitio ante finem termini inter eos concordat ' sine causa rationabili licentia ipsius R. recessit in dicti Domini Regis nunc contemptum ipsius R. grave damnum contra form ' Statut ' inde nuper edit ' provisi habeatis seu unus vestrum habeat ibi tunc hoc preceptum Teste c. See 5 Eliz. 4. Dalt 359. m. see Dalt 331. infra 74. Imprisonm LXVII Crompt 238. b. Warrantia ad deliberandum servientem extra Goalam Staff ss Humfr ' F. Armig ' unus Justiciar ' c. custodi Goalae dicti Domini Regis in Com' predict ' salutem Quia W. C. de N. Labourer venit coram me invenit sufficientem securitatem essendi coram me sociis meis ad proximum Sessionem Pacis in Com' predict ' tenend ' ad respondendum tam dictae Dominae Reginae quam C. D. de c. de transgressione contemptu suis contra formam Statuti de servientibus nuper editi provisi Ideo tibi ex parte dictae Dominae Reginae mando quod predict ' W. C. à prisona tua si ea occasione non alia ibidem detineatur sine dilatione deliberari facias Datum tali die anno LXVIII Crompt 238. b. Departure Praeceptum versus servientem recessum de Villa ubi morabatur in hyeme J. C. Armig ' Ballivis c. salutem Staff ss Ex parte dictae Dominae Reginae tibi mando quod attachiatis seu unus vestrum attachiat ' B. C. de E. in Com' pred' Labourer ita quod eum habeas seu unus vestrum
habeat coram Justiciariis dictae Dominae Reginae ad pacem in Com' predict ' conservand ' assignat ' ad proximam Generalem Sessionem Pacis in eodem Com' tenend ' ad respondend ' dictae Dominae Reginae quare de Villa de M. in Com' predict ' ubi in hyeme Anno regni dictae Dominae Reginae nunc 26. morabatur quamquam in eadem Villa de M. servitium competens eidem B. per quendam A. B. de M. predict ' Yeoman oblatus fuisset ad serviend ' tamen extra predict ' Villam de M. in estate tunc proximè sequent ' recessit in predict ' Dominae Reg ' nunc contempt ' ipsius A. grave dampnum contra form ' Statut ' inde nuper edit ' provisi Dat' c. Dalt 82. see 5 Eliz. 4. § 23. N. 1. LXIX Crompt 238 239. Imprisonm Warrant ' ad deliberand ' Prisonar ' capt ' pro transgr ' tangent ' Statutum de servient ' H. G. Armig ' unus Justiciar ' Domini Regis nunc ad pacem in Com' pred' conservand ' assignat ' Vicecom ' Comitat ' predict ' ac custodi Goale dicti Domini Regis sive ejus locum tenenti eorum cuilibet salutem Quia S. W. de A. Staff ss in Com' predict ' Labourer venit coram me invenit sufficient ' securitatem essendi coram Justiciar ' dicti Domini Regis ad pacem in Com' predict ' conservand ' necnon ad diversas felonias c. in eodem Com' audiend ' terminand ' assignat ' ad proximam Generalem Sessionem Pacis in Com' predict ' tenend ' ad respondend ' tam dicto Domino Regi quam cuidam J. B. de A. Yeoman de diversis contemptibus transgressionibus contra form ' Statut ' de servient ' nuper editi provisi Ideo vobis cuilibet vestrum mando quod predict ' S. W. sine dilatione de custodia vestra deliberari facias seu aliquis vestrum deliberari faciat si ea de causa non alia in custodia vestra detineatur Datum c. 10 die Aug. Anno regni c. LXX A Mittimus to the House of Correction for disorderly Servants Process or other Idle persons Infra 79. I Have sent you herewithall the Body of E. C. in the said County Suff. ss being an idle dissolute and disorderly Fellow or one that will not keep his Service nor follow any honest course of life These are therefore to will and require you to receive the said E. C. and him safely to keep until he shall be thence delivered by my self or some other of his Majesties Justices of the Peace of this County And in the mean time to hold him to such Works and to give him such punishment by putting Fetters or Gives upon him and by moderate Whipping him as in good discretion you shall find cause yielding him for his maintenance only so much as he shall deserve or earn by his labour and work and that at the next Quarter-Sessions you have the said E. C. together with this our Warrant and hereof fail you not at your peril Dated c. See 7 Jac. 4. LXXI A Mittimus to the House of Correction Departure of a Servant departed from his Master contrary to his reteiner WHereas I. F. of W. in the County aforesaid Labourer was lawfully reteined in Service with I. D. of W. aforesaid Suff. ss Yeoman and hath often departed from his said Service before his term expired without his Masters leave or license or any other reasonable cause contrary to the Laws and Statutes of this Realm These are therefore in his Majesties Name to will and require you to receive and take into your custody the said I. F. and him safely to keep until he shall thence be delivered by due order of Law And in the mean time to hold him the said I. to such Labour and Work and give unto him such punishment as by the Laws are required Giving and yielding him such and so much maintenance as he the said I. shall by his labour and work deserve or earn and that you have the said I. at the next Quarter-Sessions to be holden at W. aforesaid together with this Warrant unless he the said I. F. shall before that time in the presence of some Justice of the Peace find sufficient Sureties well and faithfully to serve his said Master according to his Covenants and hereof fail you not at your peril Given under my Hand and Seal at my house at I. this _____ day of c. To the Keeper of the House of Correction of W. LXXII A Warrant for a Servant which departs from his Master contrary to his reteiner Midd. ss FOrasmuch as I am informed that A. B. was reteined with D. of C. for divers years yet to come as his Servant and that contrary to his reteiner the said A. B. is departed from his said Master before the said term expired contrary to the Law in that behalf These are c. to require you immediately upon sight hereof to bring before me or some other of his Majesties Justices of the Peace of this County the said A. B. to answer the premisses unless he shall be content to serve his said Master willingly according to his said reteiner And hereof fail you not c. Deeds LXXIII Dalt 391. cap. 128. Indentures for Apprentices THis Indenture made the _____ day of _____ witnesseth That A. B. C. D. and E. F. Overseers for the Poor in the Town of H. in the County of C. and I. S. Churchwardens of the same Town by and with the consent of I. N. and M. D. Esqs two of his Majesties Justices of the Peace for the County of c. have by these presents put placed and bound I. H. being a poor Fatherless and Motherless Child as an Apprentice with R. W. of H. aforesaid Yeoman and as an Apprentice with him the said R. W. to dwell from the day of the date of these presents until the said I. H. shall come to be of the Age of 24. years according to the Statute in that behalf provided By and during all which time and term the said I. H. shall the said R. W. his Master well and faithfully serve in all such lawful business as the said I. H. shall be put unto according to his power will and ability and honestly and obedientially in all things shall behave himself towards his said Master his Wife and Children and orderly and honestly towards all the rest of the Family of the said R. W. And the said R. W. for his part promiseth c. during all the said term to find unto his said Apprentice Meat Drink Linen Woollen Hose Shoes and all other things needful or meet for an Apprentice c. In witness whereof c. Lamb. 330. supra Dalt 92. cap. 40. Justices LXXIV Dalt 331. cap. 117. There be sundry Precedents of
or Tales or to meddle with the execution of Process in any Court of Record have not before taken the Oath of Supremacy and of Office c. Crompt 57. 27 Eliz. 12. § 4. N. 1. Enquest III. Crompt 182 b. Nota that where the King is party if the Sheriff sends to the Bailiff of a Liberty to retorn the Pannel he shall be Amerced and the Pannel quasht for no liberty holds where the King is party Fees IV. 37 Eliz. 4. Of Franchise or Liberties c. nor any of their Officers Servants Bailiffs nor Deputies to do no Extortion Arrest V. 22 23 Car. 2. cap. 20. 7. § 9. N. 2. Under-Sheriffs Bailiffs Serjeant at Mace or other Officers shall not carry persons Arrest to the Tavern Alehouse or Victualling-house c. to put them to charge without consent c. Baker Badger see Corn. Bankrupts Indictment I. 21 Jac. 19. § 7. N. 1. That Bankrupt on examination concealing Goods c. may be Indicted at Assizes or the General Sessions to be holden before the Judges of Assize or Justices of the Peace of the County or place where he or she shall become Bankrupt and Pillory if found Barrettors see Maintenance Bark see Leather Woods Bargain and Sale see Market Overt Baron Feme Coverture Women I. 3 Jac. 4. § 40. N. 1. Forfeit None to be charged with penalty for Wives offence in not receiving the Sacrament during Marriage nor any woman to be charged for such offence II. 3 Jac. 5. § 10. N. 1. Married woman convict Recusant Women whose Husband is none not coming to Church in a year forfeits two parts of Joynture or Dower and disable to be Executor or Administrator III. 22 Car. 2. 1. § 16. N. 1. If person offending in Conventicle and convict be a Feme covert co-habiting with her Husband Forfeiture the penalties of five shillings and ten shillings shall be levied on his Goods IV. Lamb. 78 79. The Wife if she be threatned to be killed Peace or to be outragiously chastised by her Husband may with good reason demand the Peace against him F. N. B. 80. F. 230. and I do not doubt but that a Justice of Peace may in such a case happening in his presence command it upon his own discretion The Husband may also demand the Peace against his own Wife in like case and any man may demand it against the Wife of another by Marrow Crompt 133 b. 136. V. Crompt 136 b. Justification A man may beat another in defence of his Wife and Children 21 H. 7. 41. 35 H. 6. 56. 9 Ed. 4. 51. VI. Crompt 144 b. Appearance The Husband is bound that he and his Wife shall appear at such a Sessions and that they keep the Peace in the mean time at the day the Husband appears but not the Wife the Recognizance is not forfeited because if there be any cause further to find Surety the Husband shall be bound and not the Wife and therefore the appearance of the Wife is not material yet Dalt 175. cap. 71. saith Quaere on 8 Ed. 2. Forfeiture 17. VII The Laws c. 26. abr 23. Pope A Feme covert is within 1 Eliz. 2. § 14. N. 2. and shall forfeit 12 d. if she repair not to Church every Sunday and Holy-day 11 Co. 61. Dr. Fosters Ca. 3 Bulstr 87. Laws Ca. 1 Roll. 93. c. 41. Hob. 97. Moor Hussey VIII The Laws c. 68. abr 72. N. 7. Religion If a Feme covert be Indicted at the Kings Suit for an offence within 23 Eliz. 1. § 5. N. 1. she may be charged with the penalty after her Husbands death but the Husband is not chargable nor shall pay the penalty for that he is no party to the Judgment and this was one of the causes of making 35 Eliz. 1. § 10. N. 1. by which the King may have debt and recover the forfeiture against the Husband 1 Roll. 93 94. Fosters Ca. Savell 25. c. 59. IX The Laws c. 75. abr 79. N. 10. Information An Action of debt or Information tam pro Domino Rege quam c. lyeth upon 23 Eliz. 1. § 11. N. 1. against the Husband and Wife for the Recusancy of the Wife and he is liable to the 20 l. per month notwithstanding he himself be no Recusant 3 Bulstr 87. 1 Roll. 93. Hob. 97. Savell 25. c. 59. But the Wife cannot appear by Supersedeas alone without her Husband for both must appear or both be Outlawed Hob. 179. Lovedens Ca. Nor can she plead or joyn Issue without her Husband 2 Roll. 90. 2 Cr. 530. Poor X. Lamb. 206. § 3. If the Husband or Wife have a House and the Husband or Wife rogue about they ought to be sent to the Town where that House is and so of an Inmate Dalt 125. cap. 47. XI Pract. Preced 82. An Indictment for taking away a woman with her Husbands Goods Kanc. ss Juratores pro Domino Rege super sacramentum suum presentant quod A. B. de C. in Com' K. predict ' 10 die c. Anno regni c. vi armis viz. gladiis c. E. M. uxorem cujusd ' B. M. apud c. rapuit eam cum bonis catallis viz. c. ipsius B. M. cepit abduxit ea eidem B. M. adhuc injuste detinet contra pacem dicti Domini Regis nunc coronam dignitatem suas c. XII Pract. Preced 114. An Indictment for marrying two Wives 1 Jac. 11. Middlesex ss Juratores pro Domino Rege super sacramentum suum presentant quod A. B. nuper de parochia Sancti Egidii in Campis in Com' Midd. predict ' Gen ' 6 die Junii Anno regni c. apud paroch ' Sancti Martini in Campis in Com' predict ' duxit in uxorem quandam S. E. Spinster adtunc ibidem eandem S. E. in uxorem suam habuit quodque predict ' A. B. postea scil 21 die Maii Anno regni c. apud paroch ' de Marybone in Com' Midd. predict ' felonicè uxorem duxit quandam W. I. Spinster eidem W. I. adtunc ibidem scil dicto 21 die Maii Anno supradict ' apud paroch ' de Marybone predict ' in Com' predict ' maritat ' fuit predicta S. E. priori uxore adtunc superstite in plena vita existent ' contra pacem dicti Domini Regis nunc coronam dignitatem suas c. necnon contra form ' Statuti in hujusmodi casu edit ' provisi Et quod predict ' A. B. postea scil Anno 20 supradict ' apud paroch ' Sancti Egidii in Campis predict ' pro felonia predict ' capt ' arrestat ' fuit Bastardy Bawdry Adultery Coron Poor Incontinence Arrest I. LAmb. 118 119. It is admitted by the opinion of the Court 13 H. 7. 10. That if a man in the
overt The Justices of Peace of every place and County as well within Liberties as without shall have Authority within their Sessions c. to enquire hear and determine all the offences against this Statute of not Tolling Horses Mares Geldings Colts in Fairs c. as they may do any other matter tryable before them Lamb. 464. so 31 Eliz. 12. § 3. N. 1. XV. Crompt 86. Article of charge in Sessions if any Butcher Sessions c. kill Calves to sell under the age of six weeks c. 5 Eliz. 8. 1 Jac. 22. XVI Crompt 86. Article c. if any kill sucking Calves to be sold whole or by retail that shall be Calved between 1 Jan. and 1 May Justices c. 22 H. 8. 7. XVII 2 3 Phil. Mar. 7. § 7. N. 1. Market overt The Justices of Peace of every and County as well within Liberties as without shall have Authority in their Sessions to enquire hear and determine all offences of selling and buying Horses c. in Markets and Fairs without Tolling as they may do any other matter tryable before them Dalt 73. cap. 27. Captains see War Carnal knowledge see Women Castles see War Cause of suspicion see Intendment Carriages see Purveyance Carmen see Ways Carriers see Ways Causeys see Ways Certiorari Certificate Removing Retorn Records Indictment I. LAmb. 4. cap. 7. pag. 505. It falleth out not seldom that when Justices of Peace have taken an Indictment found before them they cannot proceed to hearing and determining upon it either because it is grounded upon some such Statute as giveth unto them no further power but only to enquire thereof or else because the Indictment is taken out of their hands by Certiorari and conveyed to Justices of a higher Authority at the solicitation and by the means of some parties grieved to the end that they may either Traverse it above or there avoid it for Insufficiency of form or matter Courts II. Lamb. 506. Albeit that in the removing of Pleas between party and party from inferiour to higher Courts by Toll pone recordare c. there was wont to be a probable cause alledged for which the same were removed yet in this case of the Certiorari there needs no cause to be comprised in the Writ of Certiorari because they all be the Courts of the King against whom the offence is committed and it breedeth neither injury to the offender nor loss to any other person in what Court soever the offence be tryed Record III. Lamb. 4. cap. 7. pag. 507. This Certiorari may command either the Record it self or tenorem Recordi to be sent up and it ought to be obeyed accordingly for upon fail thereof 1. an Alias 2. a Pluries 3. an Attachment shall go out against them that should send it as F. N. B. 245. But I have heard that they use also a Subpena at this day Dalt 408. cap. 134. Crompt 132 b. Supersedeas IV. Lamb. 507. And albeit the Certiorari be a Supersedeas of it self yet may the party upon the Certiorari purchased have a Supersedeas also directed to the Sheriff and commanding him that he arrest him not upon that Record before the Justices of the Peace F. N. B. 237. E. in which place also he doubteth whether the Justices of Peace themselves ought in duty to award their own Supersedeas to the same effect after that the Writ of Certiorari is brought to their hands Justices V. Lamb. 507 508. This Certiorari is ever directed to the Justices of Peace and yet c. the Custos Rotulorum only hath the keeping of these Records but the ancient Commissions of the Peace had no Custos Rotulorum specially named in them c. and then this certifying belonged to them all which form the Writ retaineth to this day and if it fall into Question whether such a Certiorari were delivered to the Justices of Peace or not that must be tryed by the Verdict of 12 men saith 10 H. 7. 24. 2 H. 7. 1. pl. 2. Peace Br. 11. VI. Lamb. 508. Now if a Certiorari come to the Justices of Peace to remove an Indictment and the party sueth not to have it removed Process but suffereth it to lye still then the Justices of Peace may proceed notwithstanding the Writ as Hobard Attorney-General said 6 H. 7. 16. for otherwise the tryal of a Felon if the Indictment were of Felony might be delayed and deluded also But yet Keble held opinion against him and was fearful that in such a case it might prove Felony to make Execution of the Felon after such Writ received and to say the truth the Justices ought of Office to send it away because the Writ containeth in it self a commandment to them so to do Dalt 408. cap. 134. Crompt 133. VII Lamb. 508. Indictment And if a Certiorari come to the Justices of Peace to remove an Indictment and in truth the Indictment was not taken till after the date of the Certiorari yet if the Indictment be removed thereby it is good enough for that they both be the Kings Courts 1 R. 3. 4. and in such case it is now usual F. N. B. 71. to remove it Crompt 132 b. 162 b. 167 b. Certiorari Br. 15. VIII Lamb. 508. In the making of a Certificate upon this Certiorari Justices the Justices of the Peace ought neither to omit that which doth Authorize them nor to exceed that Authority which belongeth unto them IX Lamb. 509. For on the one side if they certifie an Indictment of Felony or of a Riot as taken coram Justiciariis ad pacem Indictment it was not thought enough without saying further necnon ad diversas felonias c. and otherwise it was doubtful whether the Indicted shall be quite dismissed or no because the Justices of Peace had then no Record at all remaining with them for the Clerk of the Peace makes his Entry accordingly and that Record which they sent up is insufficient and therefore the Clerk of the Crown was forbidden to receive any such Certificate 12 H. 7. 25. but happily the new words in the reformed Commission of the Peace will now dissolve that Prohibition Crompt 132. Dalt 410. infra § 39. X. Lamb. 509. On the other side Record if they certifie an Indictment of Felony not determined in B. R. they ought not without Warrant to certifie another Record of the Acquittal of that Indictee for the same matter for nothing ought by them to be sent thither without Warrant but that which is executory and needeth the help of the higher Court 8 Ed. 4. 18. XI Lamb. 509 510. Variance And if a Certiorari be to send up the Indictment of A. in which Indictment some others be Indicted together with the same A. yet need not the Justices of Peace to make Certificate concerning any but A. so 6 Ed. 4. 5. Joyntenants Br. 33. for though
19 H. 6. Entre 17. Rast Entr. 335. 12 Ed. 4. 1. LXIV Crompt 165. b. If a man be Indicted of a Forcible Entry Traverses and the party puts in a traverse presently whereupon Execution is stayed and they do not prosecute the Traverse cum effectu but suffer this to be discontinued and after tender another Traverse at another time upon Restitution prayed it seemeth that the Court may Award Execution notwithstanding as in the Case of a Writ of Error c. 13 Ed. 4. 4 6 H. 7. 16. Crompt 166. LXV Crompt 165. b. Traverse It seemeth convenient upon a Bill on 8 H. 6. 9. preferred to shew the Evidence in full Court before the Jury to the intent that it may appear to the Court whether there be reasonable Cause to stay Restitution or not if the Bill be found Dyer 123. pl. acc Traverse LXVI Crompt 166. He that tenders the Traverse in B. R. upon an Indictment of Forcible Entry shall bear all the Charges of the Tryal and not the King nor he at whose Suit the Indictment is found as it is said by the Clerks de Banco Regis by the same reason it should be so of an Indictment Traverst before Justices of the Peace Costs Br. 4. Dalt 216. cap. 84. infra 78. Justices LXVII Crompt 166. Three Justices sit upon an Inquisition of Forcible Entry and one agrees that Restitution shall be made and the others will not agree Quaere if one may award Restitution without the other because 8 H. 6. 9. § 3. N. 2. gives power to one Justice to Inquire of Forcible Entries and to make Restitution Prerog LXVIII Crompt 69. § 12. a Bill upon 8 H. 6. 9. § N. for the King is not good for he cannot be Deisseised nor ousted of his freehold because of his Prerogative Br. 89. and he shall not have an Acc. sur Stat. so 4 H. 7. 1. b. see 2 H. 4. Prerog 12. Coron 553. 8 H. 4. 17. Disseisor Br. 16. 64. Dalt 201. cap. 77. Prerog LXIX Crompt 69. § 13. If the Kings termor be ousted with Force he cannot prefer a Bill on 8 H. 6. 9. that he was ousted and the King Disseised for the King cannot be ousted of his Freehold but he shall have an Information of Intrusion in the Exchequer Dalt 201. cap. 77. Poul de Pace 39. b. § 24. Outlawry LXX Crompt 68. b. § 8. Process of Outlawry lieth in an Acc. sur Stat. of 8 H. 6. 9. for it is Quare vi armis as was agreed 37 H. 6. 3. and so it seemeth to be upon an Indictment on the said Statute infra § 77. Prerog LXXI Dalt 201. cap. 77. Yet it seemeth that upon complaint made to the Justice of Peace by the Kings Termor of any such Force the Justice of Peace may nay ought to remove the Force and upon his View thereof to Record it and to commit the Offendors to Prison and may Fine them and after such Force removed the Kings Termor may presently reenter if he can in peaceable manner Chpihold LXXII Dalt 203. cap. 77. But howsoever the Law be taken for the Indictment or Restitution thereupon yet in case that Lessee for years Tenant at will or a Copiholder be forcibly put out or held out either by a stranger or by their Lessor or Lord the Justices of Peace or any one of them by 15 R. 2. 2. might safely remove the Force upon View thereof and Commit the Offendors to Prison and then the Lessee for years or Copiholder might presently reenter if peaceably they could so do and so might have his possession again without any Restitution made him by the Justices Crompt 71. § 45. Restitution LXXIII Dalt 203. cap. 77. But now by the Statute 21 Jac. 15. such Judges Justices or Justice of Peace as by reason of any Act or Acts of Parliament now in force are Authorized and enabled upon Enquiry to give Restitution of Possession unto Tenants of any Estate of Freehold of their Lands or Tenements which shall be Entred upon with Force or from them withholden by Force shall by reason of this present Act have the like and the same Authority and ability from henceforth upon Indictment of such Forcible Entries or Forcible withholdings before them duly sound to give like Restitution of possession unto Tenants for term of years Tenants by Copy of Court Roll Guardians by Knights service Tenants by Elegit Statute Merchant and Staple of Lands or Tenements by them so holden which shall be entred upon by Force or holden from them by Force LXXIV Mich. 2 Car. 1. Latch 182. Widow Stacyes Case Copihold one was Indicted on 21 Jac. 15. for entring into a house in Cobham in Oxford ' ad tunc existens liberum tenementum suum ad voluntatem Domini secundum consuetud ' manerii c. the party came into the Court and being put out of possession upon this Indictment by one Justice of Peace prayed Restitution and it was granted to him by Dodridg and Whitlock Jones absent the reason was because for any thing here shewed the Widow may be Tenant by the Verge and not by Copy and the Statute shall not be taken by Equity and therefore he that will have Restitution must persue the words of the Statute but Dodridge agreed that if one hath a Widows Estate by Custome after the death of her Husband Copiholder she is within the Statute because her Estate is immediately by Copy LXXV Dalt 206. cap. 79. And by force of this Statute and proviso Heir 8 H. 6. 9. § 7. N. 1. every Heir and every Feoffee may justifie to keep their Houses and Possessions by Force in case that themselves or their Ancestors or their Feoffors or those whose Estate they have have been in peaceable possession thereof by the space of three years or more Kell 187. pl. Lambert 1â—4 supra § 35. LXXVI Crompt 166. It 's found that J. S. Disseised me with Force Restitution and by another Enquest taken at the same Sessions it s found that I am Disseised by A. B. with Force I may Elect upon which of these Indictments I will be restored and if I have Restitution against J.S. and this is Retorn'd I shall not have Restitution upon the other but tho I be in possession as to him if upon the Writ of Restitution it be not Retorned that I have Restitution I shall have Restitution against A. upon the other Verdit if A. hath reentred upon the first Restitution given to me by Marrow Lect. 9. Quaere for if a man Recovers in an Assize and enters upon the Tenant and he reenters he that Recovers shall not have a sc fac to Execute the Judgment 49 Ed. 3. 27. Dalt 211. cap. 81. LXXVII Crompt 150. b. Outlaw Justices of Peace cannot Award a Capias utlagatum but must certifie the Outlawry in B. R. as the Clreks of the same Court say supra
Nusance I. CRumpt 66. A man Levies a Gorse in his Land or other thing to the Nusance of my Land I can enter with divers peaceably into his Land and oust that Gorse c. Dalt 220. Cap. 86. II. Dalt 220. Cap. 86. Every private man to whose House or Land any Nusance shall be Erected made or done may in peaceable manner Assemble a meet Company with necessary Tools and may remove pull or cast down such Nusance and that before any prejudice received thereby and for that purpose if need be may also enter into the other mans ground Nusance Br. 14 33. Oath I. LAmb. 52. Upon this Ground viz. on all Christian Laws c. 13 Rich. 2. 7. § N. which willed that Justices of the Peace should be made of new in all the Counties of England did there withal take order that they should be sworn to keep and put in Execution all the Statutes touching their Office which albeit that it be the first Oath that I find to have been ministred to Justices of the Peace yet I think they were neither unsworn before nor at any time after as may be Collected upon 21 Ed. 4. 67. 12 Ed. 4. 18. II. Lamb. 52. I believe also that the manner of the Oath was devised but for that time only and continued not long in that Form as being of it self very general and hard to be observed and that happily was the Cause that it was afterward changed to that Form which Mr. Fitz-herbert 18. in his Book hath left us Crumpt 10. ab and which with the alteration of a few words only is yet at this day kept in use III. Lamb. 52 53. For upon the renewing of the Commission of the Peace which now adayes happeneth as often as any Persons is newly brought into the same there cometh of Course a Writ of dedimus potestatem directed out of the Chancery to some Ancient Justice of the Peace to take the Oath of him whose Name is newly Inserted and to certifie the same into that Court at such day as the Writ commandeth Thus CArolus c. Dilectis fidelibus nostris Robert Hitcham Milit ' Nich ' Rivet Armig ' salutem sciatis quod dedimns vobis conjunctim divisim Potestatem autoritatem recipiendi Sacrament ' dilecti fidelis nostri Richardi Keble Armig ' unius Custod ' pacis nostrae in Com' nostro Suff. de officio illo bene fideliter faciend ' juxta form ' cujusdam Schedulae huic Brevi nostro annex ' ac Sacrament ' specificat ' in quodam Actu Parliament ' Anno Regni Dominae Eliz. nuper Reg ' Angl. primo fact ' cujus tenor presentibus similiter est annex ' ideo vobis mandamus quod Sacramenta predicta recipiatis vel unus vestrum recipiat cum illa sic receperitis nos inde in Cancellariam nostram sub sigillis vestris vel unius vestrum distinctè aperte sine dilatione reddatis certiores vel unius vestrum reddat hoc Breve nobis remittentes teste me ipso apud Westminst ' c. Die c. Anno c. The Return of the Ded ' potestat ' Endorse Executio Istius Brevis patet in quadam Schedula huic Brevi annexat ' DOmino Regi in Cancellario certificamus quod virtute istius Brevis nobis direct ' xxvi die Septembr ' infrascript ' apud Gippum in Com' Suff. infrascript ' recepimus Sacrament ' infra nominat ' Richardi Keble juxta tenorem formam Schedularum huic Brevi annex ' quas quidem Schedulas una cum hoc Breve Domino Regi in Cancellariam suā sub Sigillis nostris remittimus secundum exigentiam Brevis Istius Respons Robert ' Hitcham Militis Nich ' Rivet Armig ' Or thus DAlt. 397. Cap. 129. Ego M. D. in Cancellar ' Domini Regis certifico me virtute Brevis Domini Regis huic Schedulae annexat ' x die mensis Decembr Anno Regni dicti Domini nostri Jacobi c. xix apud West Wralling in Com' Cantabr ' recepisse Sacrament ' Johannis Milissent militis in Brevi predict ' nominat ' tam de officio Custodis pacis dicti Domini Regis in dicto Com' Cantabr ' bene fideliter faciend ' juxta formam Schedulae Brevi predict ' annexat ' similiter in omnibus prout in predicto Brevi precipitur In cujus rei testimonium c. Mich ' D. IV. Lamb. 53. This Writ of ded ' potest ' is now accompanied with two Schedules Justices whereof the one contains the Oath of the Office of a Justice of Peace in this Form Kilb. Presidents 2 Edit 231. Ye shall Swear that as Justices of the Peace in the County of K. in all Articles in the Kings Commission to you directed ye shall do equal right to the Poor and to the Rich after your Cunning Wit and Power and after the Laws and Customs of this Realm and Statutes thereof made 2. And you shall not be of Council of any Quarrel hanging before you 3. And that ye hold your Sessions after the form of Statutes thereof made 4. And the Issues Fines and Amerciaments that shall happen to be made and all Forfeitures which shall fall before you ye shall cause to be Entred without any Concealment or Embezelling and truly send them to the Kings Exchequer 5. Ye shall not let for gift or other Cause but well and truely you shall do your Office of Justice of the Peace in that behalf and that you take nothing for the Office of Justice of the Peace to be done but of the King and Fees accustomed and Costs limitted by the Statute 6. And ye shall not direct nor cause to be directed any Warrant by you to be made to the Parties but ye shall direct them to the Bayliffs of the said County or other the Kings Officers or Ministers or other Indifferent Persons to do Execution thereof So help you God V. Lamb. 56. There hath been care taken once or twice in our Memory to exact this latter Oath viz. of Supremacy of all the Justices of Peace throughout the Realm whereof some good hath Ensued Pope but yet many a Justice there is that by Indirect practice never took either this or the former viz. of Allegiance whereof what harms do and may grow I leave to wiser and higher men to be considered adding this only That it would Avail greatly to the furtherance of the service if the Dedimus potestatem to give these Oaths were Dirigible to the Justices and none other to minister the same not elsewhere but in their open Sessions VI. Lamb. 212. They which take Informations of Felonies Information c. without any Oath do say the Makers of 2 3 Ph. Mar. 10. § N. had they intended so would express it c. But they that examine upon Oath strongly defend it by Example of the Justices of higher Courts c. and because an
Oath is Evidence in Case of Death c. VII Lamb. 83 84. The Peace being for good cause required Peace it is the common manner to exact an Oath of the Party whereby the Justice may be the better Informed and led to think that he doth not ask it for malitious vexation of another but of very fear and for the needful safety of himself and his and F. N. B. 79. H. laboureth to shew that the Justices of the Peace ought not without such Oath to grant this Surety at the suit of any Man forasmuch as not only the Judges of B. R. do yet take an Oath in such Case but the Ancient Course of the Law was such in the Chancery it self also although it be now adayes otherwise used there Infra 11. VIII Lamb. 100. By Marrow for the avoiding of which deceit of Insufficient Security of the Peace the Justices of C. B. 7 H. 6. 25. pl. did examine the ability of the Sureties upon their Oaths c. Swearing IX Kilb. Presidents 207. A Warrant to pay 1 s. for Swearing in presence of a Justice of Peace on 21 Jac. 20. § N. To the Constable c. Kent ss FOrasmuch as A. B. of c. in the County aforesaid Butcher being of above the Age of Twelve years did in my hearing this present day in the Parish aforesaid in the County aforesaid prophanely swear one Oath for which Offence he forfeited and was to pay to the use of the Poor of the Parish the Sum of xii d These are therefore in his Majesties Name to command you to Levy to the use of the Poor of the said Parish the aforesaid xii d by Distress and Sale of the Goods of the said A. B. rendring to him the overplus and in defect of such Distress that you the said Constable do set the said A. B. in the Stocks by the space of three whole hours hereof fail not c. Given under my Hand and Seal this Tenth day of c. in the year of c. at c. in the said County c. Constable X. Kilb. Presidents 233. The Oath of a Constable Dalt 9. p. 363. 364. You shall well and truly serve the Kings Majesty in the Office of a Constable of the Parish of A. 2. And all Commissions Precepts and Warrants that are directed to you and shall come to your hands you shall to the best of your power cause to be duely and truely Executed 3. All Riots and Misdemeanors and breach of the Peace you shall suppress 4. You shall punish all Rogues Vagrants and Idle Persons according to the Laws of this Land in that Case made provided 5. You shall diligently persue all Hue and Cryes 6. You shall see that the Kings Majesties Watch within the said Town of A. be duely and truly set according to his Majesties Laws 7. You shall also do your best endeavour to suppress Drunkenness within the said Parish and to see the Laws and Statutes concerning the same to be duely put in Execution 8. And all other things belonging to the Office of Constable so long as you shall continue in your Office you shall well and truely perform and do so near as you can So help you God Peace XI Kilb. Presidents 233 234. The Oath of him that Craves the Peace against another suprà 7. You shall swear that the Surety of the Peace which you crave against A. B. is not for hatred or malice which you bear him but for safety of your body from harm which you fear he will do or procure to be done unto you So help you God 2. Or thus You shall swear that the Surety of the Peace which you crave against A. B. is not of any private malice hatred or evil will but meerly that you are afraid of your life or the hurting or maiming of your Body or the burning of your Houses So help you God Proof XII Kilb. Presidents 234. The Oath to Informers or Witnesses The Information that you shall give on the Kings Majesties behalf against A. B. shall be the truth the whole truth and nothing but the truth So help you God 2. You shall true Answer make to all such Questions as by me shall be demanded of you So help you God Imprisonment XIII Kilb. Presidents 2 Edit 235. A Mittimus for refusing the Oath of Allegiance Kent ss WHereas A. B. and C. D. two of his Majesties Justices of the Peace for the said County of K. whereof A. B. is of the Quorum do hereby Commit to your Custody the body of E. F. for refusing to take the Oath of Allegiance requiring you to take and safely in Prison to keep him till he shall be delivered by due Course of Law and for so doing this shall be your Warrant Given under our Hands and Seals this Second day of June in the year of c. 2. Ibid. The Oath of Abjuration on 35 Eliz. 2. § 8. N. 4. Stamf. 119. Wilkinsons Sheriff 40. The Laws c. 138. Abr. pl. 135. Exile You shall swear that you shall depart out of this Realm of England and out of all other the Kings Majesties Dominions and that you shall not return hither or come into any of his Majesties Dominions but by the License of our said Soveraign Lord the King or of his Heirs So help you God XIV Kilb. Presidents 2 Edit 236. The Oath of an Under Sheriff and Bayliff touching Juries on 27 Eliz. 12. § 2. N. 3. I A. B. do swear That I shall not use or exercise the Office of c. Corruptly during the time that I shall remain therein neither shall or will accept receive or take by any Colour means or device whatsoever or Consent to the taking of any manner of Fee or Reward of any Person or Persons for Impannelling or Returning of any Inquest Jury or Tales in the said Court for the King or betwixt Party and Party above 2 s. or the value thereof and such Fees as are allowed and appointed for the same by the Laws and Statutes of this Realm but will according to my power truely and Indifferently with convenient Speed Impannel all Jurors and return all such Writ or Writs touching the same as shall appertain to be done by my Duty or Office during the time that I shall remain in the said Office So God me help 2. Jurat ' ad utraque Sacrament ' viz. this and the Oath of Supremacy supradict ' x die Maii Anno 1680. Coram nobis A. B. C. D. de quibus A. B. est quorum unus c. XV. Kilb. Presidents 2 Edit 238. Church-wardens The usual Oath of Church-wardens You shall Execute the Office of Church-warden in the Parish where you are Chosen for this Ensuing year according to his Majesties Laws Ecclesiastical now in force So help you God 2. Or thus You shall Execute the Office of Church-warden in the Parish where you are Chosen according to your discretion
the breach of the Peace and so no mischief 21 Ed. 4. 48. Lamb. 113 114. XCI Crumpt 141. b. Day◠The Justice of Peace may take a Recognizance to keep the Peace for a year if he will or a longer time by his discretion viz. forever for reasonable Cause Marrow lect 6. Jones Br. 71. Dalt 171. 172. cap. 69. XCII Crumpt 142. b. It was held 21 Ed. 4. 48. if a Man be bound to the Peace and no day limit how long c. that none can discharge this all his life-time by Release or otherwise XCIII Crumpt 142. b. Nota Constable That the opinion of all the Justices that a Constable may take Security of the Peace but upon no pain and if he will not he hath power to imprison him until he hath found Surety 3 H. 4. 10. See 10 Ed. 4. 18. It 's said he may take an Obligation to keep the Peace XCIV Crumpt 143. b. Joinder If one breaks the Peace the whole Recognizance is forfeit where a Man is bound for him and his Servants to keep the Peace 4 H. 7. 8. XCV Crumpt 143. b. Forfeiture The King and the Counsor are at Issue on the breach of the Peace and the King waves the issue yet the Recognizance is not discharged but a new sc ' fac ' may be Awarded for the breach of the Peace afterwards but not upon that breach for which he was Impeacht before per Cur ' 10 H. 7. 11. 21 Ed. 4. 40. Dalt 177. cap. 71. XCVI Crumpt 144. Ability The Peace must be granted against him that is an impotent person though he be not likely to break the peace because he may procure a stranger to kill the other who demands the Peace for the words of the Recognizance are by B. or his procurement c. XCVII Crumpt 144. b. Bar. Feme The Husband is bound that he and his Wife shall appear at such a Sessions and that they keep the Peace in the mean time at the day the Husband appears but not the Wife the Recognizance is not forfeited because if there be any Cause further to find Surety the Husband shall be bound and not the Wife and therefore the appearance of the Wife is not material as it seemeth Crumpt 133. b. Dalt 163. cap. 68. 175. cap. 71. XCVIII Crumpt 144. b. Supersedeas A man hath a Supplicavit of the Peace out of the Chancery to bind A. B. to the Peace and to certifie the Recognizance into 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 him to the Peace until any certain time but generally therefore to prevent this A. B. before he is Attacht must bind himself in the Chancery until a certain day and have a Supersedeas into the Country to the Justices and Sheriff to cease to compel A. B. to find Surety on the said Writ of Supplicavit Lamb. 112 113. XCIX Crumpt 145. § 5. One Justice of Peace cannot by Supersedeas discharge a Precept of another Justice awarded to find Surety of the Peace before that he is bound in fact which see Crumpt 138. b. § 9 10. Lamb. 96. suprà 40. C. Crumpt 145. § 6. A Justice of Peace cannot Award a Supersedeas to appear at any other Sessions then is appointed by the other Justice who hath bound him to the Peace before to appear at a certain Sessions CI. Dalt 160. cap. 67. Note also Affray The Surety for the Peace shall not be granted but where there is a fear of some present or future Danger and not meerly for a Battery or Trespass that is past or for any breach of the Peace that is past for this Surety of the Peace is only for the Security of such as are in fear CII Dalt 161. cap 67. Justices If the Justice of Peace shall perceive that this Surety for the Peace is demanded meerly of malice or for vexation only without any just cause of fear it seemeth he may safely deny it as in common experience we find it that where A. shall upon just Cause come and crave the Peace against B. and hath it granted B. will likewise crave the Peace against A. and will perhaps surmise some Cause but yet will be content to surcease so A. will relinquish against him here the Justice shall do well as I think not to be too forward in granting the Peace to B. yet if B. will not be perswaded but will take his Oath that he is in fear where indeed he neither doth fear nor hath any cause this Oath shall discharge the Justice and the fault shall remain upon such Complainant Behaviour CIII Dalt 161. cap. 67. And when the Justice hath so granted the Peace to one that in the Justices judgment shall crave or require it only out of malice or for vexation the Justice may presently in good discretion bind him to the good behaviour that so required the Peace Release CIV Dalt 176. cap. 71. But yet it is now holden That neither the Justice of Peace nor the Party can discharge the Recognizance of the Peace by their Release out of the Sessions c. and therefore notwithstanding that the Justice of Peace out of Sessions shall make or take any Release of the Peace yet it shall be safe for the Party bound to appear for the safe-guard of his Recognizance c. Lamb. 110 111. Supplicavit CV Dalt 185. cap. 73. And for this manner of Oppression viz. by obtaining Supplicavits c. grew over Common therefore by 21 Jac. 8. § N. It is now Enacted that all Process of the Peace or good Behaviour to be Granted out of the Chancery or B. R. against any Person whatsoever at the Suit of any other shall be void unless such Process shall be granted upon motion first made before the Judges of the same Court sitting in open Court and upon Declaration in writing upon Oath of the Causes for which such Process shall be granted and unless that such Motion and Declaration be mentioned to be made upon the back of the Writ the same writings to be there Entred of Record and if after it shall appear to the said Courts that the said Causes expressed in such writing be untrue then the Court may award Costs and Damages to the Party grieved and may also Commit to Prison the Offenders until they pay the said Costs and Damages CVI. West Symb. 2. part 129. b. sect 203. An Indictment of a Common Barretor Norff. ss INquiratur pro domino rege c. si J. S. Nuper de C. in Com' N. Laborer est homo maloe Conversationis Gubernationis ac communis Barrator pacis Domini regis Perturbator Et quod idem J. S. apud C. predict ' in Com' N. predict ' custodit tenet occupat quandam Domum sive Tabernam non habent ' usuale signum aptè
the Indictment on 27 Eliz. 2. § 3. N. 1. that he was made a Jesuit or Priest c. by Authority Challenged or pretended from the See of Rome But it need not be shewed where he was made a Jesuit or Priest c. whither beyond the Sea or within the Realm for wheresoever it was it is within this Law if he were made so by the pretended Authority of the See of Rome Popham 94. Southwells Case XXXIX The Laws c. 102 103 104. Abr. 96. Process This Statute 29 Eliz. 6. § 3. N. 1. meddles not with any other way of Conviction than at the Queens suit by Indictment as hath been said and so is the Conviction here mentioned to be understood for this Statute is not Introductory of a new Law nor gave the Queen any new or other remedy than what she had against the Recusant by 23 Eliz. 1. § 5. N. 1. that is by Indictment but only gave her a more speedy way of proceeding upon that fundamental remedy 11 Co. 60. and 1 Rol. 93. Dr. Fosters Case So that a Conviction upon an Information against the Recusant upon 23 Eliz. 1. § 11. N. 1. or any other way save by Indictment doth not appropriate the penalty of twenty pound per month to the King for the time to come by force of 29 Eliz. 6. § 3. N. 1. Infra 165. abr 72. Hob. 205. Pie and Lovel Nor for the same person by force of 3 Jac. 4. § 8. N. 1. where the same words are used and a Conviction by Indictment only intended as here XL. The Laws c. 107. 108. Abr. 103. Process If the same be taken at any Assize or Goal delivery 29 Eliz. 6. § 5 N. 6. for if the Indictment had been taken before Justices of Peace no Proclamation thereupon could have been made upon this Statute by the Justices of Assize or Goal-delivery as was resolved in the Case of Sir Edward Plowden And therefore upon such an Indictment for Recusancy taken before Justices of Peace the Court was to remove the Indictment in B. R. and there process might have been made out against the Recusant and he Convicted for the Justices of Peace could do no more than Indict all other proceedings being taken away from them by this Statute 29 Eliz. 6. § 2. N. 2. 11 Co. 63. and 1 Rol. 94. but now by 3 Jac. 4. § 7. N. 1. the Law is altered in this point and the Justices of Peace upon Indictments taken before them may proceed to Proclaime and Convict the Recusant as well as Justices of Assize and goal-delivery Abr. 95. N. 2. XLI The Laws c. 114. Abr. 108. Wingate Crown 70. saith Religion that if any person above sixteen years of age obstinately refuseth to come to Church for a month or impugnes the Queens Authority in Causes Ecclesiastical he shall be Committed to prison 35 Eliz. 1. § 1. N. 2. which is a great mistake for no man shall be punished by this Act for either of those Causes only the not coming to Church being only a precedent qualification required in the person whom the act makes lyable to the penalties thereof for the other offences therein mentioned Crompton 53. b. 2. And therefore if a man never comes to Church yet he is no offender within 35 Eliz. 1. § 1. N. 2. unless he advisedly or purposely move or perswade another to deny or Impugne the Kings Authority in Causes Ecclesiastical or to that end or purpose advisedly and maliciously move or perswade some other to forbear to come to Church or receive the Communion or to be present at Conventicles c. or if he himself be present at such Conventicles c. 3. And on the other hand if a man move or perswade any other to deny or Impugne the Kings Authority in Causes Ecclesiastical or to forbear to come to Church or receive the Communion or to be present at Conventicles c. Or if he himself be present at any Conventicles c. yet he is no offender within 35 Eliz. 1. § 1. N. 2. if he goeth to Church once within the compass of a month 4. So that the party must both forbear to come to Church and be guilty of some other offences here enumerated or he is not punishable by 35 Eliz. 1. § 1. N. 2. and as for the denying or Impugning the Kings Authority in Causes Ecclesiastical it s no offence within this Statute unless the party moves or perswades others so to do and not then neither unless he hath been absent from Church by the space of a month XLII The Laws c. 114. 115. Abr. 109. Vnder colour or pretence of any exercise of Religion 35 Eliz. 1. § 1. N. 3. Altho this Act is commonly called the Act against Sectaries as distinguished from those of the Romish profession yet in truth it extends to all Recusants whatsoever as well Popish as other except 35 Eliz. 1. § 2. N. 1. in the point of abjuration for Popish service is performed under Colour or pretence of Exercise of Religion and the assembly or meeting of Popish Recusants under such colour or pretence is an assembly or meeting contrary to the Laws and Statutes and they as well as others may be Indicted upon this Statute if they forbear to come to Church for the space of a month and be present at any part of the Popish service or move or perswade ut supra And may be Imprisoned without Bail until they conform and make submission as by 35 Eliz. 1. § 4. N. 1. is appointed but they cannot be required to abjure unless they offend aganst 35 Eliz. 2. § 8. N. 2. 2. A Popish Recusant is likewise subject to an Action of debt c. given to the Queen by this Statute 35 Eliz. 1. § 10. N. 2. Process XLIII The Laws c. 115. Abr. 110. Being thereof lawfully Convicted 35 Eliz. 1. § 1. N. 5. that is Convicted both of his absence from Church and of that other offence which makes him punishable by this Act viz. going to Conventicles or moving or perswading c. for his absence from Church for a month must be laid down precisely in the Indictment for without that the other is no offence within this Act. 2. And t is not necessary that the party be Convicted of such absence upon any prior Indictment for altho there was never any former Conviction of him for Recusancy yet if he offend against this Act 35 Eliz. 1. § 1. N. 5. in any of the other particulars he may be Convicted both of that offence and of his absence upon one and the same Indictment and so was the Indictment Mich. 16. Car. 1. in the Case of Lee and others 1 Cro. 593. pl. who were Indicted upon this Statute at the Sessions of the Peace in Essex for absenting themselves for a month from Church and resorting to Conventicles to which they pleaded not guilty and the Indictment was removed in B. R. to
words of the Act and their Monthly absence ought to be presented as well as that of their Parents or Masters And in this Wingate Crown 100. hath clearly mistaken for he tells us That the Monthly absence of all the Children and Servants of a Popish Recusant ought to be presented Indictment LX. The Laws c. 162. 163. Abr. 165. To enquire hear and determine 3 Jac. 4. § 7. N. 1. This is intended of Indictments only and revives the Power of the Justices of Peace given them by 23 Eliz. 1. § 9. N. 2. suprà and taken from them by the Negative words of 29 Eliz. 6. § 2. N. 2. suprà so that now the Justices of Peace may proceed to Judgment against the Recusant upon 23 Eliz. 1. § 5. N. 1. or Convict him upon Proclamation and Default and so may the Justices of Assize or Goal-delivery proceed either way For the words of 3 Jac. 4. § 7. N. 2. and of 29 Eliz. 6. § 5. N. 5. which give the Proclamation being in the Affirmative do not take away the proceedings upon 23 Eliz. 1. § 9. N. 2. but that the Justices may waive the Conviction by Proclamation if they please Nor is the Informers popular Suit 23 Eliz. 1. § 11. N. 1. taken away by 29 Eliz. 6. § 4. N. 3. or by this Statute 3 Jac. 4. § 7. N. 2. Dr. Fosters Case 11 Co. 61. Appearance LXI The Laws c. 164. Abr. 169. Shall not make Appearance of Record 3 Jac. 4. § 7. N. 3. And if the Recusant do appear of Record at the Assizes Goal-delivery or General or Quarter-Sessions it shall be sufficient to save his Default although he did not render himself to the Sheriff upon the Proclamation and this is clear by the words of 3 Jac. 4. § 7. N. 3. which is grosly mistaken Wingate Crown 102. who saith The Recusant shall be Convicted if he render not his Body to the Sheriff or Bayliff of the Liberty and that Default be recorded This appearance on 3 Jac. 4. § 7. N. 3. must be in proper Person and not by Attorney for none can at first appear by Attorney unless inabled by some Statute and all Appearances by the Defendant in any Court ought by the Common Law to be in Person 10 Co. 101. Bewfages Case But after a Plea pleaded to an Indictment an Attorney may be admitted at the Discretion of the Court if they think fit but not otherwise and in some Cases not without a special Writ directed to the Justices to that purpose 16 Ed. 4. 5. F.N.B. 26. The Party Indicted and Proclaimed on 3 Jac. 4 § 7. N. 3. who appears at the Assizes or Sessions must take care that his Appearance be entred of Record For if the Clerk of the Assizes or Clerk of the Peace should mistake and instead thereof Record his Default he hath no way to avoid his standing Covicted but he is to put his Action upon the Case against such Clerk of the Assizes or Peace See Popham 29. Kellway 180. The personal Presence at the next Assizes or Sessions of the Party Indicted of Recusancy and proclaimed on 3 Jac. 4. § 7. N. 3. although he continue there from the beginning to the ending is no sufficient ground to Record his Appearance nor shall save his Default for although he be there personally present and openly confess himself to be the same Person who was Indicted and against whom the Proclamation Issued yet if he deny to appear upon the Proclamation or to consent that his Appearance be entred of Record it seems that his Appearance cannot be Recorded but his Default shall and he shall stand convicted thereupon And this is no more an Appearance than where a Prisoner is brought to the Common Pleas Barr by Habeas Corpus to the intent to have him appear to an Original brought against him and he denies to appear to the Action in which Case his Appearance cannot be Recorded as was resolved 43 Eliz. in Ascoughs Case Golsb. 118. pl. LXII The Laws c. 174. Abr. 131. These words passing c. and unknown 3 Jac. 4. § 13. N. 4. being in the Conjunctive it seems that the Bishop or two Justices ought not to examine upon Oath or tender this Oath to any Passenger or Traveller quatenus such unless he be unknown viz. such an one as conceals his true Name or Quality for so it must be reasonably intended and not of all Travellers through the Country as Wingate Crown 106. mistakes For it appears by the other Qualifications here enumerated that the intent of the Act is that it shall be offered by the Bishop or two Justices to such only of whom there is any just Cause of Suspition 7 Jac. 6. § 26. N. 2. Infrà 260. LXIII The Laws c. 175. Abr. 182 Imprisonment There to remain without Bail or Mainprise 3 Jac. 4. § 14. N. 1. the Bishop or two Justices cannot take Sureties of him who refuseth the Oath for his Appearance at the Assizes or Sessions as Wingate Crown 107. mistakes but must Commit him immediately to Goal nor can any other Court or Justices Bayl him in this Case LXIV The Laws c. 175. Abr. 183. Justices Vntil the next Assizes or General Quarter-Sessions 3 Jac. 4. § 14. N. 1. This being in the Disjunctive the Bishop or two Justices have their Election to Commit the Party refusing the Oath either until the next Assizes or until the next Sessions as they shall think fit For some may be more aptly committed until the next Assize and some until the next Sessions 12 Co. 131. LXV The Laws c. 175. 176. Abr. 184. Oath These words Any other person whatsoever 3 Jac. 4. § 14. N. 3. are Exclusive of the said Person or Persons who are Committed for refusal for 't is here in the Disjunctive So that it seems that if any Person whatsoever of the Age of 18 years or above and under the degree of a Nobleman or Noble woman be at the Assizes or General Quarter-Sessions of the Peace whether voluntarily or brought in upon Process on an Indictment of Recusancy or for any other matter and be there tendred this Oath and refuse to take it although it were never tendred to him before yet upon his refusal there he incurs a Praemunire and in this respect this Statute 3 Jac. 4. § 14. N. 3. is more Extensive than 7 Jac. 6. § 26. N. 6. where there must be a prior tender and refusal of this Oath otherwise a refusal of it at the Assize or Sessions doth not make a Praemunire by that Act 12 Co. 18. Infrà LXVI The Laws c. 176. Abr. 185. Error Shall incur the danger and penalty of Praemunire 3 Jac. 4. § 14. N. 3. If a man be committed by the Bishop or two Justices of Peace for the refusal of this Oath and the tender and refusal be expressed in the Mittimus the Justices of Assize or Justices of Peace in
Macclefields Case LXXIV Abr. 224. Of four of the Justices of Peace Justices 3 Jac. 5. § 7. N. 2. And a Licence from less than four will not now serve since the Repeal of 35 Eliz. 2. § 12. N. 1. and therefore 1 Roll. 108 is misreported in that particular for there mention is made of a Licence from two Justices of Peace as if no more were then requisite And that Case could not be grounded upon the Proviso in 35 Eliz. 2. § 12. N. 1. which required only two Justices as well for the distance of time being Nine years after the Repeal of that Proviso by 3 Jac. 5. § 6. N. 4. As for that in 1 Roll. 108. there is mention of a Licence under the Seals of the Justices of Peace and of the Oath to be taken by the Recusant neither of which was appointed by 35 Eliz. 2. § 12. N. 1. but by this Statute 3 Jac. 5. § 7. N. 4. which must therefore necessarily be there intended and not any Statute 1 Jac. which is another mistake in that Case 1 Roll. 108. LXXV The Laws c. 208. 209. Abr. 225. With the privity and assent in writing of the Bishop c. the Lieutenant or of any Deputy-Lieutenant 3 Jac. 5. § 7. N. 2. An Information was brought against a Popish Recusant Convict for remaining above five Miles from the place of his Confinement who pleaded a Licence from four Justices of Peace but the Plea was disallowed Mich. 12 Jac. saith Moor 836. pl. 1127. Mansfields Case But yet if it had been granted with the assent of any Deputy-Lieutenant residing in the County there is no doubt but it had been good enough The Bishop Lieutenant or Deputy-Lieutenant who gives his assent must be a distinct Person from the Justices of Peace who grant the Licence by 3 Jac. 5. § 7. N. 2. And therefore if one and the same Person be a Justice of Peace and Deputy-Lieutenant he cannot act herein in both Capacities for una persona non potest supplere vicem duorum And if he Sign and Seal the Licence as a Justice of Peace the assent of some other Deputy-Lieutenant or of the Bishop or Lieutenant must be had thereto or the Licence is void Mich. 12. Jac. Maxfields Case 2 Cr. 352. and Mansfields Case Moor 836. pl. 1217. and Macclefields Case 1 Roll. 108. And that Rule Quando duo Jura concurrunt in una persona aequum est ac si essent in diversis holds not in such Cases where distinct Persons are necessarily required by Law 7 Co. 14. Calvins Case And here four Persons 3 Jac. 5. § 7. N. 2. are necessarily required to grant the Licence and another Person to assent to it In 2 Cr. 352. one Exception to the Licence in Maxfields Case was That the assent of the Deputy-Lieutenant was contained in the Licence granted by the four Justices of Peace and was not separate and distinct by it self but to this the Court made no Answer And it seems that such an assent is well enough by 3 Jac. 5. § 7. N. 2. though in the same Writing with the Licence if it be expressed that the four Justices do licence and the Deputy-Lieutenant doth assent and such writing be under the Hands and Seals of all five Licence LXXVI The Laws c. 210. Abr. 228. The particular cause of the said Licence 3 Jac. 5. § 7. N. 3. In Maxfields Case 2 Cr. 352. another Exception to the Licence granted by the four Justices was That it was said to be granted for certain urgent Causes but no particular Cause for the Recusants travel was expressed in the Licence And this seems to be a good Exception For the inserting into the Licence that the Popish Recusant hath urgent or necessary occasion or business answers only the former part of this Proviso 3 Jac. 5. § 7. N. 2. which gives the four Justices power to licence him if he hath necessary occasion or business to travel out of the compass of five miles but withal it ought to be mentioned in the Licence particularly what that occasion or business is which is the cause of the Licence for so this Act here 3 Jac. 5. § 7. N. 3. expresly appoints and therefore that form of a Licence for a Recusant to travel which Dalt 379. cap. 124. tit Licences hath set down wherein no Cause is mentioned but urgent and necessary business seems too short and general and is not to be relied on Oath LXXVII The Laws c. 210. Abr. 229. First taking his Corporeal Oath 3 Jac. 5. § 7. N. 4. In Mansfields Case Moor 836. pl. 1127. there is another Oath mentioned for a Popish Recusant to take before he can be licenced to travel and that is the Oath of Allegiance prescribed by 3 Jac. 4. § 25. N. 1. for it s said Moor 836. That in an Information brought against the Recusant for travelling out of the Compass of five Miles the Defendant pleaded a Licence from four Justices of Peace and his Plea was disallowed because among other things he did not shew that before the Licence he had taken the Oath of Allegiance yet Quaere of this and by what Law the omitting to take that Oath makes the Licence void But I rather think it to be a mistake and that such an Exception might be moved but the Plea not disallowed for that Reason Justices LXXVIII The Laws c. 210. 211. Abr. 229. Before the said four Justices of the Peace or any of them 3 Jac. 5. § 7. N. 4. Mr. Shepherd in Sure Guide cap. 14. Sect. 5. thinks that no less than two of the four Justices of the Peace can minister this Oath to the Recusant But I take it to be clear that any of the four Justices may minister the Oath in this Case And there is a great difference between any Justices for that denotes the Plural Number as in the subsequent Clause 3 Jac. 5. § 27. N. 1. where any Justices may Imprison the Offender that is any two Justices or more and any of the Justices as here 3 Jac. 5. § 7. N. 4. which denotes the Singular Number and the following words who shall have Authority by virtue of this Act to minister the same may be well enough applied to any one Justice of Peace Books LXXIX The Laws c. 236. 237. Abr. 254. Shall be thought unmeet for such Recusant 3 Jac. 5. § 26. N. 2. So that the Justices of Peace are not bound by this Act to deface all Relicks of Price or to Burn or deface all other Relicks or Popish Books as Wingate Crown 144. misleads c. And though herein much is referred to the Direction of the Justices of Peace yet where the Husband is a Protestant and only the Wife a Popish Recusant it seems by these words 3 Jac. 5. § 26. N. 2. that they are not to consider what is unmeet for the Husband but what is unmeet for the Recusant viz. the
Com. predict ' haec falsa Impia Blasphematica et Heretica verba Italica in presentia et auditu diversarum personarum linguam Italicam bene Intelligent ' falso malitiose et advisatè Diabolicè Blasphematicè et Heretice dixit pronunciavit et alta voce publicavit viz. Jesu Christo Moyses et Mahomet furmo tre grand furbe quae quidem verba Italica sic significant et interpretantur et eundem sensum habent pro ut haec Anglicana verba sequentià viz. Jesus Christ predictum Dominum nostrum Jesum Christum unigenitum filium Dei Omnipotentis innuendo Moses Moysen magnum Prophetam in sacra scriptura nominat ' innuend ' And Mahomet were three great Rogues ad grave Scandalum professionis verae Religionis Christianae in contemptum et Blasphemiam Deitatis Domini nostri Jesu Christi et maximam Die Omnipotentis displicentiam in malum et pernitiosum exemplum omnium aliorum in hujusmodi Casu delinquent ' ac contra pacem dicti Domini Regis Coronam et Dignitatem suas Replevin see Process Cattle Bailment Request see Process Restitution see Force Rescous Resistance see Escape Force Reparation see Ways Retorn see Certificate Recordare Removing see Certiorari Removal see Poor Revenue see Taxes Records see Pain Riot Rout Affray Force Sheriffs Tumults War Assemblies Rebellion Insurrection I. LAmbert 2 cap. 5. pag. 173. Not only the Commission § 14. giveth Power to Enquire of Conventicles against the Peace but sundry Statutes also have devised many means and pains to meet with and to punish the same whereas before they were punishable only as other Trespasses though sometimes by a greater and sometimes by a smaller Fine as the Case it self required consideration Crompt 53 b. 61. infra Dalt cap. 46. II. Lambert 174. 175. 176. Of these Conventicles that bring manifest terror to the Subject some consist of a number of People gathered together disorderly for the Cause of some one or of a few Persons and do not Breed any general or present Danger to the Estate or Government and yet be against Law and be called Riots Routs and Assemblies against the Law against which the Statutes 13 H. 4. 7. 2 H. 5. 8. 19 H. 7. 13. were specially provided and before that the penalty of the Statute of Northampton 2 Ed. 3. 3. was laid upon them by 2 Rich. 2. 6. 2. But others there be that do savor of a more general Disobedience and be in regard of the Number or Quarel a very Seed of Rebellion if not the Weed it self and are therefore also sometimes Called Rumors great Ridings Routs and Riots against the Peace 15 Rich. 2. 6 7 Rich. 2. 2. 6. Sometimes Assemblies of People in great Numbers in manner of Insurrection 2 H. 5. 9. and sometimes Rebellious Insurrections and Rebellious Assemblies 15 R. 2. 6. 2. H. 6. 14. 1 Mar. 1 St. 2. cap. 12. c. 3. An unlawful Assembly is of the Company of three or more Persons disorderly coming together forcibly to commit an unlawful act as to Beat a Man or to enter upon his Possession or such like Crompt 61. § 3. 4. A Rout saith Marrow is such a Company so assembled for their own common Quarel as where the Inhabitants of a Township come forceably together to throw down a Hedge Ditch or Pale in Claiming their Common Crompt 61. § 4. Or to Beat a Man that hath done unto them some publick Offence or Displeasure But 18 Ed. 3. St. 1. pag. 159. § N. speaking of Routs that are brought into the presence of the Justices and 2 Rich. 2. 7. that treateth of Riding in great Routs to make entry into Lands to beat Men or to carry away their Wives c. do seem to understand the word Rout in a more ample and large meaning Dalt 217. cap. 85. And therefore I will describe it thus A Rout is a disordered Assembly of three or more Persons moving forward to commit by force an unlawful Act for it is a Rout whether they put their purpose in full Execution or no if so be that they go ride or move forward after their first moving Riot Br. 4 5. c. 5. A Riot is thought to be where three or more Persons be disorderly Assembled to commit with force any such unlawful Act and do accordingly Execute the same of the French Riotter to scold or brawl because such manner of Acts be commonly accompanied with words of brawl Crompt 61. § 2. Dalt 217. cap. 85. 6. And thus upon the whole Reekning an unlawful Assembly is the first degree or beginning a Rout the next step or proceeding and a Riot the full Effect and consummation of a Disordered and forbidden Action III. Lambert 176 177 178. But howsoever that stands two special things there are that be common and must concur both in the unlawful Assembly Rout and Riot 1. That three Persons at the least be gathered together for so it is commonly holden at this day as I have learned 2. That their being together do Breed some apparent Disturbance of the Peace either by signification of Speech shew of Armor turbulent Gesture or Actual and Express Violence So that either the Peaceable sort of Men be unquieted and feared by the Fact or the lighter sort and busie Bodies be imboldned by the Example Dalt 218. cap. 85. 2. And in these matters not only the Fact it self but also the manner of doing the same falleth sometime justly into Consideration in so much as the Lawfulness or unlawfulness of the thing it self that is done or intended doth not always excuse or accuse the Parties to a Riot Rout or unlawful Assembly but so that the manner and Circumstance of the doing must also be brought into Judgment with it 3. And therefore saith Mr. Marrow the manner of the doing of a lawful thing may make it unlawful as if many in one Company Riding or going to the Sessions Fair Market or Church it self will ride or go Armed to the terror of the People for although it be not only lawful but meet and necessary also to go to the Church and Sessions yet to go in such shew it is altogether needless disordered and against the Law Crompt 62. § 74. Dalt 221. cap. 87. 4. So if three or more shall enter into Land with a force where their entry is otherwise lawful 5. And contrarywise an Assembly to do a wrong saith he may be so handled that it shall prove none of these Offences as if I gather meet Company together to carry away a piece of Timber which will not be moved without a good many whereto I pretend right though in Law it be another mans Dalt 219. 220. cap. 85. 6. And so also to do an unlawful thing as if many do meet to play at Bowls Tables or Cards and do use no misbehaviour against the Peace they are not punishable in this degree Crompt 61 b. § 6. 7. And yet if he that carrieth the
11 H. 7. 15. § N to appoint two Justices of the Peace that may controll the Sheriffs Books Dalt 132. cap. 51. And by 27 Eliz. 12. § 2. N. 1. for taking the Oath of the Under-Sheriff VII Lambert 425 426 427 428 429. Enquiry in Sessions if any Sheriff have letten his County or any his Balywicks Hundreds or Wapentakes 2. Or have Retorned in any Pannels any Bayliffs Officers or their Servants 3. Or have refused to let to Bail upon sufficient Sureties any Person being in his Custody because of any Action Personal or because of Endictment in Trespass and not being in for any Condemnation Execution Utlary Excommunication Surety of the Peace or Commandment of any Justice or for being a Vagabond 4. Or have taken any Obligation by Colour of his Office but only to himself and upon the Name of his Office and upon Condition only to appear according to the Writ or Warrant 5. Or have taken for an Arrest above 20 d. or if he or any other Minister have taken any thing for making of any Retorn or Pannel or above 4 d. for the Copy of a Pannel or above 4 d. for the said Obligation or for any Warrant or Precept or any Bayliff above 4 d. for making any Arrest or the Goaler above 4 d. upon the committing to his Ward of any Person Arrested or Attached 23 H. 6. 10. 6. If any Sheriff or other his Minister have Arrested or Imprisoned or caused any Fine or Ransom or Amerciament to be levyed of any Person by reason of any Endictment or Presentment made by the Sheriff Turn or Law-day without Process from the Justices of Peace for the same first obtained 1 Ed. 4. 2. § 1. N. 5. Lambert 513. 7. Or have not brought in such Endictments and Presentments to the Justices of the Peace at their next Sessions 1 Ed. 4. 2. § 1. N. 4. 8. If any Sheriff or any his Ministers have entred into his Books any Plaints in any Mans Name not being present in the Court either in his own Person or by sufficient and honest Attorney or Deputy or have entred any more Plaints than the Plaintiff supposeth that he hath cause of Action for or have levyed the Shire Amerciaments without Book indented between them and two Justices of the Peace 11 H. 7. 15. § N. Dalt 133. cap. 51. 9. Or if the Bayliff of the Hundred have made default in warning or Executing any Warrant against any Defendant in the Sheriffs Court Dalt 133. bis cap. 51. 11 H. 7. 15. § N. 10. If any Sheriff or his Minister have levyed any the Debts of the King without shewing to the Parties the Estreats of the same under the Seal of the Exchequer 42 Ed. 3. 9. § N. and 7. H. 4. 3. § N. 11. If the Sheriff of this Shire or any other Person to whom it appertained to make Retorn of any Writ hath retorned any Juror without the true Addition at the Place of his abode at the time of that Retorn or within a year next before or without some other Addition by which the Juror might well be known 27 Eliz. 7. § N. 12. If any Estreat of Issues hath been gathered of any Person other than such as by virtue of the said Estreat was of right chargeable or charged therewith 27 Eliz. 7. 13. If any Under-Sheriff or other of the said Persons named 27 Eliz. 12 hath committed any Act contrary to the said Oaths 14. If any Sheriff or Goaler have denyed to receive Felons by the delivery of any Constable or Townshâ—ps or have taken any thing for receiving of such 4 Ed. 3. 10. § N. Ships Seamen Shipwright see Admirals Silk see Drapery Silver see Metal Skinners see Leather Slander Libels Words Rumors News I. CO. Inst 3. 198. cap. 93. The Law before the Conquest was that the Author and spreader of false Rumors amongst the People had his Tongue cut out if he redeemed it not by the Estimation of his Head Inter Leges Alveredi cap. 28. II. Crompt 84 b. 85 Enquiry in Sessions if any one hath published or forged false News or Controversies viz. Tales whereby Discord or Slander may arise between the King and his People or between the Nobles of the Realm the Offender shall be Imprisoned untill he can produce in Court the Author of such News 3 Ed. 1. W. 1. cap. 33. 34. and 1 and 2 Ph. Mar. 3. § 2. N. 2. 2. If any one hath forged or Counterfeited any false News and horrible false Lies of any Prelates Dukes Earls Barons or other Nobles and great Men of the Realm or of the Chancellor Treasurer Clerk of the Privy Seal Steward of the Kings Household Justices of the one Bench or of the other or of any great Officer of the Realm of things that by them were never spoken nor thought to their great slander whereupon debate and discord may rise between the said Lords and Commons they shall be punisht according to 3 Ed. 1. W. 1. cap. 34 33. untâ—ll they have brought into Court the Author of the said false News and Lies by 2 Rich. 2. 5. 1 2 Ph. Mar. 3. § 2 N. 2. 3. If the Forgers and Counterfeiters of false News c. mentioned in 3 Ed. 1. W. 1. cap. 34 33 and 2 R. 2. 5. cannot bring into Court the Author of such false News then they shall be punisht by advice of the Kings Council 12 Rich. 2. 11. § 1. N. 3. 4. Slanderous words of the King shall be punisht by Fine and Imprisonment on 3 Ed. 1 W. 1. 34. 33 and not by advice of the Privy Counsel on 12 Rich. 2. 11. for the King is a Person exempt and not implied within the words Great Men or Nobles c. Oldnols Case 4 5 Ph. Mar. Dyer 155. III. Poult de Pace 1 b. There is another foul puddle that ouzeth from the same corrupt Gogmire with Menaces and distilleth out of a heart likewise infected with Malâ—ce and Envy but is devised and practised by another mean than the former which is by Libelling secret slandering or defaming of another c. 2. And whether this Libelling secret Slandering or defaming be against a Publick Magistrate or Private Person yet it may tend to the breach of the Peace to the raising of quarrels and effusion of Blood and so may be a speciall impediment of that Peace which all good Policy endeavoureth to maintain 5 Co. 125 libr. intr 13. Hob. 354. IV. Crompt 197. Every Justice of Peace within a Month after the Offence may commit any one that is vehemently suspected to speak or report Slanderous News or Tales against the Queen that now is if he do not find Sureties to appear at the next Quarter-Sessions or Goal-delivery there to remain till he will find Surety ut supra 23 Eliz. 2. V. West Symb. 2 part 129. Sect. 200. An Indictment for words spoken against the Queen on 23 Eliz. 1. Glos ss Juratores pro Domina Regina super