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ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A93108	A new survey of the justice of peace his office· Wherein is briefly, yet clearly opened the severall parts thereof: and what one, or more justices of peace may do therein, in, or out of the sessions of the peace, by all the laws made to this day; and now in force. With the names, or times, of the statutes, acts, and ordinances themselves, relating to this office. Alphabetically set down under apt titles. / By W.S. Serjeant at Law.	Sheppard, William, d. 1675?	1659 (1659)	Wing S3194; Thomason E1871_1; ESTC R203711	101,664	254

not safely in any case baile such a person Baile accused of Felony But if he see cause or desire to Bail him because the offence is small as perhaps but a Petit Larceny or if it be greater and the evidence against him is very little or none at all he must call to his assistance another Justice of Peace For there must be two Justices of the Peace and one of them of the Quorum and they must be together to do this work See Baile and 1 2 Ph. and M. 13. 10 Any one Justice may send his Warrant to arrest any one that stands indicted of a Felonie See the Presidents in the Cabinet for all these things Chap. 5. throughout Chap. 25. 1 c. 2. Any two Justices before whom Reward for the taking of Felons any one shall be convict of a Robbery or Bu●glary may give order to the Sheriff to pay to the party that did apprehend and prosecute him 10 l. for his reward therein Act. 17th of Septemb 1656. 3. How Felonies done beyond Sea may be prosecuted here by the Prosecutor thereof and what the Justice of Peace is to do in it see Act. 20th of September 1649. 4. How and at whose charge Felons shall he carried to Goal see Sect. 20th of this Chapter SECT 17. About Fish and Fishers AS to this we are to know 1. That no Fisherman is to be forced to be a Marriner under the Lord Pro●ector's Commission unlesse he be chosen by the two next Justices to the place where he dwells 5 Eliz. 5. 2. Justices of the Peace are to be Conservators of the Rivers and shall have power to ●arch We●res lest by their straitnesse the Fly of Fish be destroyed Upon we●● 2. ●● and 13 ● ●●9 And they may appoint under-Officers to look to the Rivers and to inform against offenders therein West 2. 47. 13 R. 2. 19. SECT 18. About a Forcible Entry AS to such as make Forcible Entries into Lands in this case any one Justice of Peace upon Complaint hereof made to him and that the Force doth continue may go to the place to view it And if he find it upon his own view to be so he may remove it Record the Force and as some would have it Fine the offenders according to his discretion bind them to the good Behaviour send them to Goal till they have paid or secured the Fine And then make a Record of all this and certifie it into the Upper-Bench or Quarter-Sessions which he will And when the Fine is paid or secured he may deliver the offender But if the Force be done and past Then hath he nothing to do but to summon a Jury to enquire of it which he must do by his Warrant to the Sheriff and do it within a moneth of the Complaint or it will be very panal to him And by this Jury upon a Traverse he must enquire And if the Jury find any Forcible Entry or detainer in the Case then is the Justice to send his Warrant to the Sheriff to restore the party put out of into possession again and may Fine c. 15 R. 2. 2. 8 H. 6. 9. 31 Eliz. 11. 21 Iac. 15. See for this the Books at large and in my Iustice of Peace Book Chap. 15. and in the Clarks Cabinet See all the Presidents of Warrants for it in Chap. 7. of that Book And because there is some difficulty in Caution to Justices this work it will be the Justices wisedome to call in for the help of some or at least of one of his Fellow-Justices of Peace herein SECT 19. About Free-Quarter AS to Souldiers that take Free-Quarter in mens houses against the owners consent In this case any two Justices of the Peace may examine the offence upon Oath And when they have done this they are to send this Examination under their hands and seals up to the Committee of Examination Certificate the Army And so satisfaction will be made to him that is wronged Upon Act. 19. December 1651. 24 April 1648. and 24 December 1647. SECT 20. About Goals or Prisons and Prisoners AS to this take these things 1. Justices of the Peace regularly are to send such prisoners as they do commit to prison to none other but the Common-Goal of the County Upon 5. H. 4. 10. And yet where any Statute directs them to send to another prison as to the Bride-well Stocks or the like there they must pursue the same direction 2. The Goaler is to receive such a prisoner so sent to him by a Justice of Peace and that without Fee And if ●he Goaler do not so he may be punished by the Justices of the Peace by Fine for his Contempt c. But not upon the Statute of 4 Ed. 3. 10. For the Justices of the Peace have not the power of Execution of that Statute 3. An offender to be conveyed to Charges of Convey of a Prisoner to Goal Goal is to bear all the charge of himself and of those that guard him thither if he be able And in case he refuse so to do Any one Justice of Peace may send his Warrant to the Constable of any Township in the County where he hath goods and take them and prize them by four of the Neighbours and sell so much thereof as the Justice shall think fit to satisfie the charge And if the offender have no goods a Rate for Rate the raising of the money may be made by the Constables and Church-wardens and two or three others or for lack of such Officers by four of the more sufficient men of the place where he was taken And any one Justice of Peace may by putting his hand to it confirm it And after give his Warrant under his hand to levy it by distresse of the goods of them that refuse and after apprisal by four of the Inhabitants by sale thereof to give back the over-plus And so to pay over the money to them that did bear the charge of his Convey to prison Upon 3. Iac. 10. See the President for this in the Clark's Cabinet Chap. 17. SECT 21. About Habeas-Corpus Certiorario Supersedeas Writ of Errour AS to these four things which are Writs that serve to prevent stop or undo the power of the Justices of the Peace these things are to be known 1. The Habeas-Corpus is to remove Remove of Records and Prisoners the prisoner and his cause from the Justices into a higher Court upon supposall that they are doing or have done illegally The Certiorani to remove the Cause and Record from before the Justices before a higher power upon this pretence The Supersedeas is from a Higher Court to forbid any further or other proceeding before the Justices The Writ of Errour to undo what hath been done before the Justices where upon on Indictment or Information a Judgment is given against Law 2. Every Habeas-Corpus and Certiorari to remove a Record or Prisoner ought to be signed

by one of the Judges of the Court whence it comes Upon 1 and 2 Ph. and M. 13. And yet if this be omitted the Justice of Peace must notwithstanding obey it 3. Writs of Supersedeas out of the Higher Courts are to be void that are not granted upon Motion in the open Court and upon good cause also shewed by Oath and the same set down on the back of the Writ And if this be not done it seems the Justices of the Peace may refuse to obey it Upon 21 Iuc 8. 4. No Remove shall be of an Indictment grounded upon the Ordinance of June 1654 about Challenges Nor Challenges upon the Act of the 6th of October 1650. where the proceeding is upon any penall Law for the buying selling searching viewing ordering or disposing of any Corn Wint Beer Ale Fish Flesh Sale-Butter Cheese or any other dead Victuals whatsoever Nor upon any Indictment grounded upon the last Act made the 17th of September 1656 about the Sabbath Nor to remove any Presentment or Conviction for a Popish Recusancy Nor shall any Writ Recusants of Errour be granted to reverse any such Conviction Upon the Act of 17th of September 1656. 5. The Justices of the Peace may refuse to send away an Indictment upon any such W●it if it be for a Ri●t Forcible Entry Assault and Battery except the Writ he delivered in ●● the Justices of Peace in their Quarter-Sessions sitting the Court and except the party indicted will be bound with good Sureties to pay the Prosecutor his Costs But in case of Indictments for a Foreible Detainer and for any other offence then that before named it is otherwise Upon 21 Iac. 8. 6. The Justices of the Peace when any such Writ is duly ●ssued ●orth and sent to them must obey it for it is penal to them if they do not so And if the Writ for bid the Justice to do that which he hath sent out his Warrant to command to be done he must recall and countermand his Warrant 7. If the Writ do not require the sending away of the Recognizance that the Justice hath taken he ●● to send the Writ and Recognizance to the next Sessions to be siled there 8. The Judges of the Higher Courts that do send for any such Record or prisoner may if they please send it down again to be determined by the Justices of the Peace Upon 6 H. 8. 6. See Steel's Rep. 475. 322. 399. SECT 22. About High-wayes and Bridges AS to High-wayes and Bridges these things are to be known 1. Any one Justice of Peace may upon his own View make a Presentment to the Sessions in the nature of an indictment against any place or Parish for that their wayes are not sufficiently amended And also against any man for any offence by him done against the Statutes of 2 3 Ph. and M. 8. and 5. Eliz. 13. That is to say The Constables and Church-wardens of the place for not choosing the Surveyors or not setting down the time for the six dayes work or for not giving publike notice thereof in the Church Or the Surveyors for refusing the Office or for their neglect in their office and in particular for not making Presentment to a Justice of Peace of such defaults as they find upon these Statutes Or the Parishioners that do not observe and attend to do the dayes-works appointed them Or such as suffer any Nusances in their Grounds hedges or ditches near to the High-wayes Or the Baylifts or High Constables for their neglect in the levy of the Amercements sent to them by the Clerk of the Peace against oftenders about the High-wayes or for the not making of their Account and the like And this presentment of the Justice if he have cause to have it drawn up he may put the Clerk of the Peace to do it And being put in it is of the same sorce as if it were found by Grand-Jury 2. Any one Justice may and must receive from the Surveyors of the High-wayes any Presentment that they shall make and tender to him of any default upon these two before named Statutes about the High-wayes And this Presentment he is to certifie and send in to Certificate the next Sessions under pain of 5 l. upon 5 Eliz. 13. 3. There must be two Justices one of them of the Quorum to enforce and take the Account of any Officer that hath in his hands any of the Forfeitures upon the Statute of 2 3 Ph. M. 8. about High-wayes And to imprison them who do account and are sound to have money in their hands till they pay it But if in this case the Officer be Caution to the Justices obstinate they cannot tell what to do to order him But it must be in the Sessions or no where See Steel's Rep. 399. Chap. 7. Sect. 6. 4. Any one Justice might have caused High-wayes to be enlarged and cleered of Trees and Bushes upon the Statute of Winchester 1 Ed. 3. But now they do nothing out of Sessions but according to the two afore-named Statutes 5. There must be four Justices of the Peace one of them of the Quorum Bridges And where so many Justices are not met together it cannot be done who with the Constables and two of the Inhabitants of every Parish and without their consent also it cannot be done to tax the Inhabitants of any place or places for the repairing of a Bridge or High-way within 300 foot of the Bridg when it is unknown who ought to repair it And they may appoint two Collectors to gather the money and two Surveyors to look to the work and to give an Account thereof and of the Account money And they may call these Officers their Executors or Administrators to an Account Upon 5 Eliz. 13. and 18 Eliz. 9. 6. For the Repair of Chepslow Bridge see 3. Iac. 23. 7. For the Repair of the High-way●s in the Wild of Kent see 14. 15. H. 8. 6. Of Huntington Lane near to Chester see 37 H. 8. 3. In Sussex see 39 Eliz 19. 26 H. 8. 7. 15 H. 8. 6. Of the Cauce-way between Dorchester and Sherborn see 1 Mar. Parl. 2. Chap. 5. Of the King's Ferry in Kent see 18 Eliz. 10. SECT 23. About Horses AS to this there is this onely as belonging to the Office of the Justice of Peace out of Sessions to be known That if any horse be stolne and sold in an open Market the true owner thereof or his Executors may within six moneths after the stealing thereof make his claym for him before any one Justice of Peace near to the place where the horse is found And this Claym the Justice of Peace to whom it is made must take and hear And if within fourty dayes after the claym he can make proof his property by two Witnesses upon oath before the Justice and will pay down to the buyer so much as he before the Justice will depose that he bond side

Perry and to take his Recognisance for the keeping of good order and this they must certifie it into the Sessions or forfeit five marks Upon 5 and 6 Ed. 6. 25. 9. There must be two Justices to License License Labourers and others to be in an Ale-house tipling Upon 1 Iac. 9. 10. There must be two Justices and one of them of the Quorum to discharge or put down an Ale-house-keeper at their own discretion Upon 5 6 Ed. 6. 25. 11. The oath of the party confessing he hath been tipling or drunk in an Ale-house shall be sufficient to convince the Ale-house-keeper of his offence by suffering tipling c. 21 Iac. 7. For Inne-keepers and Victuallers dressing of meat in the Lent see Lent SECT 29. About a Libeller or Slanderer and Libell c. AS to this kind of offender and his offence which we take now to be clearly within the words of the Act against Challenges forbidding all provoking Words and Gestures and so punishable thereupon by way of Indictment in the Sessions But there is this more in it As to one that hath his hand in the Contrivance procuring or publishing of a Libell especially if it be against a Magistrate Or one that doth use commonly libelling against others or is a common Slanderer or Tale-bearer and his Tales and Slanders are of dangerous consequence and do much mischief In such a case as this any Justice may doubtlesse out of the Sessions take Informations hereof by good witnesses against him and if he find it so bind him to the good Behaviour and to appear Good Behaviour at the Sessions and if he refuse to be bound send him to Goal till he so do See Chap. 3. Sect. 4 SECT 30. About Licenses 1. ANy one Justice of Peace dwelling near the place where any poor Mariner or other person Mariner having suffered Shipwrack shall land may give a Testimonial under his hand Testimoniall of his case and thereby license him to passe the next way to his place of birth or last dwelling and to ask relief as he goeth and limit him a convenient time for it upon 39 Eliz. 4. 17. 1 Iac 25. 2. One Justice may under his hand and Seal license Labourers to go out of Labourers one into another Country to work at Harvest-work in the Harvest-time Upon 5 Eliz 4. 3. One Justice may license a man upon good cause to travail or to do Lords-day a work of mercy or necessity on the Lords-day Or to come in later on the Saturday night or go out earlier on the Munday morning than the Lawes do prescribe for this or to grind at a Mill or be in go or send to a common Ale-house Wine-Tavern Tobacco-house or to have or use a Coach Sedan Horse-Litter Boat or Horse on this day Upon the Act of 6th of April 1654. 4. There must be two Tustices of the Church-Wardens and Over-seers to set up a Trade for the Poor Peace and one of them of the Quorum to give allowance and license to Church-Wardens and Overseers of the Poor of a Parish to set up a Trade there for the better Relief of the Poor there Upon 43 Eliz. 5. So to set up an Ale-house See To sell Ale Ale-houses 6. Any two Justices of Peace may license poor people to travail to Bath or To travail to Bath Buxton for cure of their diseases at their own charge Upon 5 Eiz 4. But no Justices can license poor people to begg but in the Case before of a Marriner To begg 7. There must be two Justices of the Servants Peace to license Servants to depart out of their Masters Service Upon 5 Eliz. 4. 8. There must be sour Justices to Recusant joyn with the Lievtenant to license a confined Recusant to go about any speciall businesse upon 3. Iac. 5. and 35 Eliz. 2. See for Presidents of Licenses in most of these Cases in the Cabinet Chip 2. 8. SECT 31. About the Lords Day AS to this thing and the Justices power herein out of the Sessions these things are to be known 1. That as to such as use or meet Sports for Bear-bayting Bull-bayting Enterludes Common-Playes or other unlawfull pastimes whatsoever in or out of their own Parishes on the Lords Day In this Case any one Justice of the Peace may upon his own sight hereof the Confession of the party or the Oath of one witnesse which he may administer send his warrant under his hand and Seal to the Constable or Church-Wardens of the place where c. to levy of the goods of the Offender by way of distresse and Sale thereof rendring c. the 3 s. 4 d. Forfeiture The Act goeth further and saith That in default of Distresse the Party Offending be set publiquely in the Stocks three hours And these words albeit they are so penned that they are ambiguous whether they shall be understood to be a part of the warrant to be made under the hand and Seal of the Justice or of a new power in case of lack of distresse And it is given to no body in certain yet that the Justice of Peace hath power to do it and we conceive the Justice may safely make out his Warrant so to do And therefore in this as to this branch that he may safely follow our President in the Clarks Cabinet chap. 4. Warrant 1. But no man may be punished upon this Law of 1 Car. 1. unlesse he be questioned for his offence within a Moneth after it is done And the Justice in this case may if he please reward the Informer with a third part of the Forfeiture See chap. 7. Sect. 6. Numb 24. 2. As to such as use or be at Wrestlings Ringing of Bells for pleasure Masques Wakes Church-Ales Dancing in their own or in other Parishes on this day In this Case any one Justice of peace may upon his own view thereof the confession of the party or proof thereof by the oath of one Witnesse send his Warrant under his hand and Seal to the Constables and Church-wardens of the place where c. If he be above 14 years old which the Justice in the taking of his information must inform himself of to levy of his goods by distresse c. to the use of the poor of the place c. 5 s. And if he be under 14 years of age then so to levy of the Governour of the Offender 12 d. And then the Act is penned further in such like words that the Offender shall be put in the stocks three hours as the last Act was penned and is likewise doubtfull And therefore we here leave the same advise with the Justice as we did in the former Case that he may give warrant to put in the Stocks for three hours Act. 6th of April 1644. And to follow our President in the Cabinet herein See chap. 7. Sect. 6. Here the Justice may also if he please reward the Informer

Fine of 40 s or under upon any of the same Constables for not appearing before them or for not making a Return or for not making an Execution of their Warrant or for not Executing the Justices warrant at any time in the Convey of Rogues to the Bridewell upon 7 Iac. 4. 21 I●c 28. But herein is no way of Conviction of Offenders or of Levy of the penalty set down and Caution to the Justices therefore we cannot see any way to punish these Officers herein with safety out of the Sessions 6. As to the poor man or Woman A poor man that doth threaten to run away from his Family that is able to work and that shall threaten to run away and leave his Family upon the charge of the Parish in this case any two Justices of the Peace upon proof hereof by the Oath of two witnesses may send the Offender to the House of Correction unlesse he or shee can put in sufficient Security House of Correction for the discharge of the Parish upon 7 Iac. 4. 7. As for such poor as have able bodies Poor that will not work and nothing but their work to live by and do not work in any ordinary and daily Trade to get their livings by their work And the Overseers of the poor do provide them work and appoint them to do it and they will not work It is said in this case that the Justices or any of them may commit such persons to the Goal or to the Bride-well And so are the words of the Statute of 43 Eliz. 20. But we cannot see how this can be done out of the Sessions For there is no way of Conviction of the offence And this therefore must be necessarily implyed by the Act that if they shall punish they must first Convict the offender 8. It hath been said that such poor persons as begg beyond their license Idle poor to be sent to Bride-well Such poor as are able to work and are idle or will not work by the appointment of the Overseers of the poor such common-Labourers poor men as refuse to work for the wages appointed and some others may be sent to Bride-well by the Justices of the Peace But we cannot see by what Authority onely this in the 7 Iac. 4. That if Constables shall neglect to convey safely all such Rogues with all other idle and disorderly persons c. as by the Justices of Peace his Warrant shall be sent to the houses of Correction c. That then they shall forfeit c. By which is implyed that the Justices might and do send such persons thither But this must refer to the cases in which they are by other Lawes empowred to send them thither And howsoever it be it is sure it cannot be safely done by any Justices of the Peace out of the publick Sessions See 39 Eliz. 4. 7 Iac. 4. 9. As to the Warrants then in the Clerks Cabines in Chap. 18. and some Caution of the Mittimus in Chap. 25. which are contrary to the Cautions we have herein given we do now upon better Consideration utterly dislike them and advise the Justices of the Peace not to use them SECT 49. About Sewers SIx Justices of the Peace two of them of the Quorum have some power with the Commissioners of Sewers for a year For which see 13 Eliz. 9. SECT 50. About Sheriffs AS to this head these things are to be known 1. Any one Justice may punish the defaults of Sheriffs in not returning good Jurors to enquire of a Forcible Entry Upon 8 H. 6. 9. 2. He may punish his defaults in the County Court by entring a plaint in the name of a man not present himself or his Atturney or by not taking care that the Plaintiff in every Suit do put in his pledges Or by entring more Plaints then one or more then the Plaintiff doth desire for one and the same cause Or where a proceeding is against a Defendant in a Suit and he hath no warning to appear In these cases any one Justice may examine the Sheriff or any of his Officers And if he find the thing by their confession or otherwise he is to certifie it into the Exchequer the Sheriff doth forfeit 40 s. Upon 11 H. 7. 15. So one Justice may examine the Collectors of the Sheriff's Amercements of the County-Court if they have collected more then is due upon their Estreats And if he find it so he may certifie the offence against them into the Exchequer 11 H. 7. 15. 3. There must be two Justices and one of them of the Quorum to overlook the Sheriff's Books and Amercements and to seal the Indentures of his Estreats and to swear the Bayliff that he shall levy no more then is contained in those Estreats Upon 12 H. 7. 15. 4. Any two Justices one of them being of the Quorum may give the Under-Sherift his Bayliffs of Franchiles Deputies and Clerks their Oaths which they are to take before they meddle with their Office Upon 27 Eliz. 12. SECT 51. About a Supplicavit 1. THis Writ the Justice to whom it is sent and given must see that he do execute it 2. He is thereupon to send his Warrant to the Constable to bring the party to be bound before him to put in Sureties according to the Writ or if he refuse to carry him to Goal And if the sum be left to his discretion it is fit for him to set down a good Sum. 3. After Sureties given he is to grant a Supersedeas to stop all other proceedings upon Warrants granted by himself or other Justices to the sanie end 4. He need not certify the Recognisance till a Cerciorari come to require it SECT 52. About Superstitious Reliques ANy one Justice of Peace where any Altars Tables of Stone Crucifixes Crosses Images Pictures of any Person of the Trinity or Saint or like superstitious Reliques are yet remaining may upon Information to him given thereof cause the same to be taken down Upon Ord. May 1644. SECT 53. About Swearing and Cursing AS to him that doth prosanely Swear or Curse Any one Justice of Peace upon his own hearing thereof the Confession of the patry or Oath of one Witnesse may send his Warrant to the Constable to levy distresse and sale of goods to the use of the poor c. the Forfeitures appointed by the Act. Which is if the offender be above 14 years old and in degree a Lord or higher 30 s. If a Baronet or Knight 20 s. If an Esquire 10 s. If a Gentleman 6 s. 8 d. If a common person 3 s 4 d. And this for the first offence And after one Conviction for every offence afterwards twice as much And in case no distresse can be had nor Surety given to pay the money Then to put the offender for the first offence in the Stocks three hours And for every offence after the first Conviction six hours And if the offender

gave for the horse he shall have his horse again This Claym of the property by the true owner and Oath of buyer for the price the Justice of Peace when called upon herein he must take Upon 31 Eliz. 12. 2 3 P● and M. 3. SECT 24. About Hue-and Cry AS to this any Justice of Peace may may do these things 1. He may b●nd or at the Sessions Good Behaviour cause to be bound to the good Behaviour such as shall raise false Hue-and Cry without any cause 2. If any Felony be done any Justice of Peace may command Hue-and-Cry to be made after the Felon and if he perceive Neglect in any Officer of his duty herein he may bind him or cause him to be bound at the Sessions to the good Behaviour And so upon any Hue-and-Cry raised by others if the Justice have Information upon Oath of any Neglect in the following of it by any Officer this is cause enough for a Justice to have the Officer bound to his good Behaviour and to appear at the next Sessions to answer his Neglect See 27 Eliz. 13. SECT 25. Of Hunters Hawkers Fowlers and Hunting Hawking Fowling AS to these things the Justice of Peace his power out of Sessions is thus 1. If any man Hunt or Hawk with Hawking in Corn. Spanniels in the Corn of another mans before it be shocked without his consent In this case any one Justice of Peace may examine the matter if it hath not been before heard and determined in the Sessions and if he ●●● cause bind over the party offending Bind over with good Sureties to appear at the next Sessions to answer the offence and to pay the penalty or receive the punishment appointed by the Act of 23 Eliz. 10. 2. If any man Hawk at or kill any Pheasant or Partridge with any Hawk or Dogg between the first day of July and the last day of August In this case any two Justices of the Peace of the County wherein the offender dwells or is apprehended may within six moneths of the offence done upon proof thereof by the Oath of two witnesses before him be committed to the Common-Goal of the place where he is so Convicted for a moneth without bayl unlesse he forthwith pay to the Church-Wardens or Overseers of the place 40 s. for every time he so hawketh and 20 s. for every Pheasant and Partridg so killed But he may not punish it after the six moneths 7 Iac. 11. 3. As to him that humeth Deer or Conies in any Parks Forrests or Warrens in the night disguised In this case any one Justice of Peace upon complaint to him made thereof may send his Warrant to the Sherift or any Bayliff or other Officer within the County to arrest and bring the offender before him to be examined and may examine him If he deny it it is Felony and then the Justice is to prosecute it as a Felony But if he consesse it he is onely to bind him over to appear at the Sessions where he is to be sined for it 3 H. 7. 7. And if any man purposely destroy or take Partridges or Pheasants in the night Any one Justice of Peace upon the bare Examination of the party offending may if he see cause to suspect him bind him with good Sureties in a Recognizance to appear at the next Sessions to answer the offence and to pay the penalty of the Statute Upon 23 Eliz. 20. But there being no way given to the Justice to convict the oftender he cannot levy the penality 4. If any one not qualified by having 10 l. a year of his own Inheritance or 30 l. of his own Free-hold or 200 l. in goods or is eldest son to a Knight or to a greater man c. shall keep any Gray-hound Dogg or Nett to take Partridges or Pheasants Any two Justices in this case upon suspition hereof may send their Warrant to search in places they suspect for them and give the Searchers power if they find any to kill the doggs and tear the Netts And may also upon the confession of the party or proof of the thing by two Witnesses send him to Goal for three moneths unlesse he will forthwith pay to the Church-Wardens of the place where c. the forfeiture of 40 s. Upon 1 Iac. 27. And if any such unqualified person kill or destroy any Pheasants or Partridges by night or day by Nets or otherwise any two Justices upon his confession thereof or oath of one witnesse may send him to the Goal for a moneth unlesse he forthwith pay to the Church-Wardens or Overseers of the Poor where c. 20 s. for every Pheasant and Partridge upon 7. Iac. 11. 5. If any kill hunt or take away any red or fallow Deer in any Porrest Chase Park or other inclosed ground without consent of the owner or shall be ayding or assisting therein any one or more Justices of the Peace upon the confession of the party or oath of one witnesse which the Justice may give shall forfeit 15 l. half to the Informer and half to the Poor of the place which the Justice may by Warrant under his hand levy by way of distresse and sale of goods And for want of distresse the offender to be committed for 12 moneths without Bayl. The offender must be punished within three moneths of the offence done And he that is punished on this Law may not be punished upon any other Law Act. 24. July 1651. 6. If any man buy or sell any wilde Partridge Pheasant Deer or Hare Any two Justices of the place where c. or where c. upon the Confession of the party or Oath of two Witnesses may Commit him to Goal for three moneths without bayl unless he forthwith pay to the the Church-Wardens of the place where c. 40 s. for every Deer 10 s. a Hare or Paritridge and 20 s. a Pheasant or untill he enter into a Recognizance of 20 l. with two Sureties never to do so again 7. If any shoot at with Gun or Bow or doth kill by Nets or other engines Guns a Hare Paritridge Pheasant Pigeon Hearn Mallard Duck Teal or any such Fo●l or taken the Eggs of a Eggs of Pheasants Paritridges ●c Pheasant Partridge or Swan or doth trace a Hare in the Snow Any two Justices of the Peace where c. or where c. may commit him to Goal as in the last case till he pay 20 s. for every Pheasant Partridge Pigeon or other Fowl 20 s. for every egge so taken and 20 s. for every Hare so traced Upon 1 Iac. 27. 3 Iac. 13. SECT 26. About Imprisonment Arrest and Commitment AS to this these things are to be known 1. That the Justice of Peace must Caveat to Justices take very great care that he do not give Warrant to arrest or imprison or to send to the Goal or Bride-well any man in any cause but where he hath a clear authority so

to do either by the common-Common-Law as in the Cases of Felony the Peace and Good Behaviour or the like o● by the expresse words of some Statute-Law and therein also with good advice He must be sure there is a power of Commitment to prison in the Case well given to him 2. He must be sure also that this power to commit to Prison c. is given to the Justices For if there be a power of Commitment as there is by some Statutes that do say an offender shall be committed but it doth not say by whom we conceive it dangerous in this case for any Justice or Justices but in a Sessions-way and by an Act of the Court to give Warrant to commit him 3. He must be sure if it be one Justice that doth it that the power is given to one Justice alone to do it For if power be given to two or more Justices to commit a man to prison and one Justice alone doth it this is an unlawfull Imprisonment or which an Action may lye against the Justice 4. He must take care in his Commitment that he do pursue the order and direction that the Law gives therein Viz Where he is to commit to prison he may not commit to the the Stocks or to Bride-well And so on the other side for if he so do the Commitment to that place is unlawful And so for the time where the Law gives him power to commit for three dayes and he commit of three weeks this is an unlaw●●ll Imprisonment ye● perhap unla●full for the three dayes also But where a Statute gives power to a Justice or Justices to commit indefinitely and doth not say for what time Sessions there they may commit accordingly And in such cases the Justices use at the Sessions to discharge such prisoner according to their discretion 5. Any Justice of Peace may commit a man that stands indicted for a Felony or a man he doth suspect of Felony But for this see Felony Sect. 16. of this Chapter 6. For Commitments to Prison by the Justice for particular offences see in the Title it self SECT 27. About Incontinency AS to this these things are to be known of the Justices power out of the Sessions 1. As to such as keep or haunt Bawdy-houses Good Behaviour or are suspected to be lewd and Incontinent that in this case a Justice of Peace may upon good Information hereof upon the oaths of credible Bawdry persons by his Warrant send for such persons and bind them to the good Behaviour or if they refuse to give Sureties he may send them to Go●l till they do 2. Any one Justice of Peace may also bind to the good Behaviour the Putative Putative Father of a Bastard-Child father of such a Bastard-Child as is like to be chargeable to any Parish And this before or after the Birth of the Child But this is best to be done upon Information upon Oath of some other besides the woman with child that the man is suspect for Incontinency for there is no Statute to enable the Justice so to do nor may he as we concerve do it and justifie it upon any other account See Chap. 7. Sect. 6. Numb 39. 3. It is also conceived as clear That any one Justice of Peace may before or Good Behaviour after the Birth of a Bastard-child bind to the good Behaviour any one that shall have any hand in the shifting away of the putative Father or Mother of a Bastard-child whereby it may be left to the cha●ge of a Parish But the binding in both these cases must be d●scretional Acts in the Justices by the Common-Law and not grounded upon the Statutes 4. There must be two Justices of the Bastard-Child Peace and one of them of the Quo●um to take course and make orders for the relief of the Bastard ease and safety of the Parish corporal punishment of the Mother and reputed father and to commit them to prison ●ill they obey the same Order or appeal to the Sessions Or if they do appeal to the Sessions as they may then there must be two such Justices to bind them to appear there and to stand to the Order of the Sessions if it make any otherwise to the Order that the two Justices of Peace hath made For one Justice alone may not do either of these things But that the Justices be not mistaken in the making of this Order and the exercise of their power upon this Statute they are to know these things 1. This Order must be made by two Justices and one of them must be of the Quorum and it cannot be done by one or by two and neither of them of the Quorum Also some make question if it may be done by more then two Justices See Steel's Report 114. 2. It is necessary they be the nearest or next Justices to the place where the Parish to be relieved is but it may be made by any two such Justices of the County See Steel's Rep. 154. 245. 246. 3. This Order must be made at a private meeting And therefore such an Order made at the Quarte-Sessions is not good but illegally made a●d all the p●oceeding thereupon will be also illegall Stile 's Rep. 475. 4. It must be made about a Bastard-Child And therefore an Order made against a man in these words That he shall keep his reputed child not expressing Whether it be a bastard-child or not is held to be naught Stiles Rep. 154. 5. It must be made against the person that is suspect to have the bastard-child and not another person And for this An Order made by the two Justices of Peace that another man should contribute to the half charge of the keeping of the child because he had suffered a Souldier to get it upon his Maid was held to be void Steeles Rep. 267. 6. The Order must be pursuing the Act of Parliament to this effect to save the Parish harmlesse or to secure it from the charge of the child Or to keep the child And therefore it hath been ruled That an Order to pay money weekly towards the keeping of the bastard-child is not good Steel's Rep. 14. 386. 7. This Security must be given to the Parish where the bastard-child is born and it must a Parish within the County where the two Justices of Peace have power Steel's Rep. 14. 368. 8. The Order must expresse how long and a certain time that the reputed Father is to keep the child or to secure the Parish Steel's Rep 154. And the Order is plainly to expresse all these things Or else it will no be good but being removed into the Upper-Bench will be quasht for insufficiency 9. This Order being made we do not conceive what the Justices of Peace can do more upon this Act out of their Quarter-Sessions but what is exprest in the Act of 18. Eliz. 3. 10. It is made a question Whether the Justices upon this Law may