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A47352 Choice presidents upon all Acts of Parliament relating to the office and duty of a justice of peace. With necessary notes and instructions thereupon taken out of the said Acts of Parliament, and other particular cases in law adjudg'd therein. As also a more useful method of making up Court-Rolls than hath been hitherto known or published in print. By Rich. Kilburne, Esq; late one of His Majestie's Justices of the Peace for the county of Kent, and principal of Staple-Inn. Kilburne, Richard, 1605-1678.; G. F., of Grayes-Inn. 1681 (1681) Wing K429; ESTC R217188 201,245 429

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of the 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 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 Bailiffs of the said County or other the King's Officers or Ministers or other indifferent persons to doe Execution thereof So help you God c. The Oath of Supremacy I A. B. of c. do utterly testifie and declare in my Conscience That our Sovereign Lord King Charles the Second is the onely Supreme Governour of this Realm and of all other His Highness Dominions and Countries as well in all Spiritual or Ecclesiastical things or causes as Temporal And that no foreign Prince Person Prelate State or Potentate hath or ought to have any Jurisdiction Power Superiority Preheminence or Authority Ecclesiastical or Spiritual within this Realm And therefore I do utterly renounce and forsake all foreign Jurisdictions Powers Superiorities and Authorities And do promise that from henceforth I shall bear Faith and true Allegiance to the King's Highness His Heirs and lawfull Successors And to my power shall assist and defend all Jurisdictions Privileges Preheminences and Authorities granted or belonging to the King's Highness His Heirs and Successors or united and annexed to the Imperial Crown of this Realm So help me God The Oath of Allegiance I A. B. do truly and sincerely acknowledge profess testifie and declare in my Conscience before God and the world That our Sovereign Lord King Charles the Second is lawfull and rightfull King of this Realm and of all other His Majestie 's Dominions and Countries and that the Pope neither of himself nor by any authority of the Church or See of Rome or by any other means with any other hath any power or authority to depose the King or to dispose of any of His Majestie 's Kingdoms or Dominions or to authorize any foreign Prince to invade or annoy Him or His Countries or to discharge any of His Subjects of their allegiance and obedience to His Majesty or to give licence or leave to any of them to bear Arms raise Tumult or to offer any violence or hurt to His Majestie 's Royal Person State or Government or to any of His Majestie 's Subjects within His Majestie 's Dominions Also I do swear from my heart That notwithstanding any Declaration or Sentence of Excommunication or Deprivation made or granted or to be made or granted by the Pope or his Successors or by any authority derived or pretended to be derived from him or his See against the said King His Heirs or Successors or any Absolution of the said Subjects from their obedience I will bear saith and true allegiance to His Majesty His Heirs and Successors and Him and Them will defend to the uttermost of my power against all Conspiracies and Contempts whatsoever which shall be made against His or their Persons their Crown and Dignity by reason or colour of any such Sentence or Declaration or otherwise and will do my best endeavour to disclose and make known unto His Majesty His Heirs and Successors all Treasons and Traiterous Conspiracies which I shall know or hear of to be against Him or any of them And I do further swear That I do from my heart abhor detest and abjure as impious and heretical this damnable Doctrine and Position That Princes which be Excommunicated or Deprived by the Pope may be deposed or murthered by their Subjects or any other whatsoever And I do believe and in Conscience am resolved That neither the Pope nor any person whatsoever hath power to absolve me of this Oath or any part thereof which I acknowledge by good and full authority to be lawfully ministred unto me and do renounce all Pardons and Dispensations to the contrary And all these things I do plainly and sincerely acknowledge and swear according to these express words by me spoken and according to the plain and common sense and understanding of the same words without any Equivocation or mental Evasion or secret Reservation whatsoever And I do make this recognition and acknowledgment heartily willingly and truly upon the true faith of a Christian. So help me God A Mittimus for refusing the Oath of Allegiance To the Keeper or Gaoler c. WE A. B. and C. D. two of His Majestie 's Justices of the Peace for the 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 Iune c. The Oath of Abjuration YOU shall swear That you shall depart out of this Realm of England and out of all other the King's Majestie 's Dominions and that you shall not return hither or come again into any of His Majestie 's Dominions but by the Licence of our said Sovereign Lord the King or of His Heirs So help you God The Oath of an Excise-man With this must be taken the Oaths of Allegiance and Supremacy YOU shall swear to execute the Office of name the place truly and faithfully without favour or affection and shall from time to time true account make and deliver to such person or persons as His Majesty shall appoint to receive the same and shall take no fee or reward for the execution of the said Office from any other person then from His Majesty or those whom His Majesty shall appoint in that behalf The under Sheriffs Oath touching the Impannelling of Iuries I A. B. shall not use or exercise the Office of under Sheriff 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 impanelling or returning of any Inquest Jury or Tales in the said Court for the King or betwixt party and party above two shillings 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 truly and indifferently with convenient speed impanel 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 The Oath of a Bailiff I I. D. shall not use nor exercise the Office of one of the Bearers of the Verges of His Majestie 's Houshold and one of the Officers and Ministers of the Court of our Sovereign Lord the King of the King's Palace of
These are against the Statute of 16 Car. 2. Vide the Statute House of Correction If delivered of a Child in the House of Correction the Child must be sent to the Parish from which the Mother was sent A Rogue must not be sent to the House of Correction but whipped and sent to the place where last setled if known else to the place of birth But the House of Correction is for the Poor of the Parish that refuse to work Deer Heir shall have them in the Park and not Executor Waste cannot be assigned for killing Deer except he kill them all Drunkenness If twice drunk and convicted bound to Good behaviour Drunkard may be punished in Ecclesiastical Court or by justice of Peace Being a Drunkard cause to remove a Magistrate Gaol Every County hath two Gaols one for Debt which may be in any house where the Sheriff will The other is for the Peace and matters of the Crown which is the County Gaol Gaoler shall be answerable for Escapes and if not sufficient respondet superior If Gaol broken by Thieves Gaoler is chargeable otherwise if by Enemies High-way If inclose part of the High-way must maintain it though the Parish did it before To stop one way which was foul and lay out another without publick Authority not justifiable Cannot lay Logs in the High-way though there is sufficient room for Passengers beside it Justice may upon his view present want of repair of High-way and before the Fine can be taken off the presented must certify the Amendment Action for stopping or incroaching upon High-way not maintainable without particular damage for the usual way is by Indictment If to repair the High-way ratione tenurae it need not be prescribed but ratione residentiae must Indictment in High-way ad nocumentum prope inhabitantium naught it should have been omnium ibidem transeuntium Huy and Cry Statutes of 13 Edw. 1. and 27 Eliz. are concerning it The Party robbed ought to give convenient notice so soon as he can Though know the Robber yet shall have Action against the Hundred by 13 Edw. 1. The Party robbed is not bound to lend his Horse to pursue the Thief nor is he bound to goe and pursue the Thief presently Robbery after day-break and before Sun-rising Hundred must answer so that after Sun-set and before it is dark Oath of a Robbery before a Justice of the County though taken out of the County good Poor Assessment for them ought to be made according to the visible Estates of the Inhabitants there both real and personal But not for any Estate they have elsewhere The Occupiers of the Lands and not the Landlords are to be taxed The Grand-mother being of ability had a poor Grand-child reliev'd by the Parish who marrieth her Husband is liable towards keeping the Child for that his Wife was of ability when he married her otherwise if she had not been of ability And the Sessions must order what he shall contribute towards the charge Peace 1000 li. bond may be required for the Peace as the case may stand viz. if the Person be dangerous If he which is bound to the Peace break his Recognizance he may be indicted for it for it is a new Offence Bound to the Peace upon malice or for vexation may be discharged by the King 's Bench. Justice may take money to lie in deposito for security of the Peace and if break the Peace the money to be forfeited to the King Two Justices though neither of the Quorum may inquire of unlawfull Assemblies though they cannot determine the same Rogue Is not to be sent to the House of Correction but to be whipped and sent where last settled if known otherwise to the place of his birth But the House of Correction is properly for those that will not work If Inhabitants of the County goe with Wares to sell at Houses in that County they are Rogues Riot Fine upon Riotors cannot be less than 10 li. for the principal and four marks a-piece for the rest Information against two Justices for not inquiring of a Riot found against one of them good Stage-players may be indicted for Riot and unlawfull Assemblies Souldiers If Souldiers prest to serve the King depart out of the service it is Felony by 7 Hen. 7. 3 Hen. 8. and 2 Edw. 6. The Captain is he who is to command and the Conducter is he who is hired to guide the Souldiers in the way to their Captain and departing from him is Felony Justices of the Peace may try the Offence at their Sessions and so may Justices of Oyer and Terminer THE TABLE Alehouses A Licence to keep an Alehouse Page 1 Another Page 2 A Licence to Brew and keep an Alehouse Page 3 A Recognizance thereupon with Condition Page ibid. Another Recognizance for an Alehouse-keeper and Condition Page 4 5 A Warrant against an Inn-keeper Alehouse-keeper c. suffering to tipple Page 5 to levy money for tippling Page 6 A Mittimus for an Alehouse-keeper suffering to tipple●… fo●… 〈◊〉 of Distress Page 7 For an unlicensed Alehouse Page 9 The like upon the Statute 3 Car. the first Conviction Page 10 The like for the second Conviction Page 11 for the third Conviction Page 12 A Warrant for Witnesses against an unlicensed Alehouse-keeper Page 13 for suppression of an Alehouse for disorder Page 14 for renewing Licences of Alehouse-keepers Page ibid. against an Alehouse-keeper for selling less than measure Page 15 A Mittimus for selling less than measure for want of Distress Page 16 A Warrant for suppressing an Alehouse after suppression at the Quarter-sessions Page 18 A Licence to keep an Alehouse with Articles Page 19 The form of a Record that is returned of the Alehouses that are licensed and conditioned c. Page 377 Apprentices A Warrant to put out poor Children Apprentices Page 22 An Indenture for an Apprentice so put out Page 23 A Warrant against them which refuse to take Apprentices Page 25 against a Master for abusing his Apprentice Page 26 A Warrant against a disorderly Apprentice Page ibid. A Discharge of an Apprentice Page 27 A Warrant against one that departeth out of Service before his time expired Page ibid. Law-Cases thereon Page 383 Bail Recognizances for Bail Page 28 A Condition to prefer a Bill and give Evidence Page 29 A Condition to give Evidence Page 30 Bastards A Warrant for the apprehending and conveying the Woman to the House of Correction Page 32 A Mittimus of the Mother of a Bastard-child to the House of Correction Page 33 A Warrant against the Mother for the second Offence to commit to the House of Correction and find Sureties of Good behaviour Page 34 to convene the Mother and reputed Father Page ibid. against the reputed Father of a Bastard-child Page 36 An Order for Relief of the Parish touching a