in such behalf shall and may at all times hereafter assesse tax extract return levy claim have and enjoy all manner such Issues Fines Amerciaments Forfeitures and other penalties and every of them to all such uses and purposes and in like manner and form in every behalf as they or any of them have lawfully used to do and have or might have done and had at any time before the making of this present Act by vertue of any Grant to them or any of them heretofore made or granted or otherwise by vertue of any Custom or lawful Vsage thereof heretofore used in every behalf this Act or any therein contained to the contrary notwithstanding § 21. N. 1. 34 35 H. 8. C. 1. § 3. N. 4. This Act to continue to the latter end of the next Parliament Days And Viz. if any Printer c. or any Person Books c. be of any the Offences aforesaid viz. printing uttering or using Books or Religion in Interludes Prohibited c. Convicted by sufficient Witness before any two of the Kings Council or the Ordinary of the Diocess where any such offence shall be committed and two Iustices of the Peace of the same Shire where any such Ordinary shall sit within his Diocess for that purpose c. § 3. N. 5. Shall have for the first time Imprisonment Forfeiture c. for three months and also lose c. 10 l. c. § 19. N. 1. And be it further Enacted That if any Spiritual Person c. Preach Religion Teach Defend and Maintain any Matter c. Contrary to the godly Instructions or determinations which since viz. 1540. is or shall be set forth by his Majesty c. being thereof convicted before the Ordinary of that Diocess within the which the said offence shall be committed and two Iustices of the Peace c. shall before the first time be admitted to recant c. § 25. N. 2. And in case any such Iustices being so required Justices c. viz. by the Ordinary on notice of time and place of sitting c. having convenient and reasonable warning and knowledge in writing from the said Ordinary c. do not come to such place and at such time as shall be so appointed having no lawful and just Impediment to the contrary shall forfeit and lose to the Kings Highness for every such Offence 40 s. to be Estreated c. C. 3. § 1. N. 11. And the said Offender viz. in false measure of Coals Talwood Measures Faggots or Billets c. out of the said City Borough or Town to be punished by the discretion of two Iustices of Peace inhabiting within the Shire where the Offence shall be committed or done C. 14. § 2. N. 1. In Consideration whereof Records Viz. of the Incertainty where to have Records of Justices of Peace Goal-delivery Oyer and Terminer c. Be it Enacted c. that the Clerk of the Crown Clerks of Peace and Clerks of Assize c. where any such Attainder Outlary or Conviction viz. of Murder Robbery or other Felony c. shall so be had shall c. not only certify a Transcript c. before the King c. in his Bench at Westminster in the County of Midlesex there to remain of Record forever c. but also shall deliver a Transcript of every such Indictment whereupon the said person c shall fortune hereafter so to be convicted or Clerks attainted to the Ordinary to whom the body of the said person c. shall be committed § 4. N. 1. And be it Enacted Certificate c. that the said Clerk of the Crown in the Kings Bench c. shall at all such times as the Iustices of Goal-delivery or Iustices of Peace in every County within this Realm of England do write unto him for the names of such persons which be so attainted by Outlawry or Clerks attainted or convict and certified in the said Bench of our said Soveraign Lord the King shall incontinently without delay certify the said Names and Sirnames of the said persons with the Causes why and wherefore they were convict or attainted unto the Iustices of Goal-delivery or Iustices of Peace upon the pain c. to forfeit for every Name of such persons which shall be so written for and not certified by the said Clerk of the Crown in the Kings Bench to the said Iustices forty shillings 35 H. 8. Cap. 5. § 1. N. 6 Or viz. none to be arraigned for Offence against 31 H 8. Cap. 14. § 9. Religion N. 2. c. but on Presentment c. before the Iustices of Peace sitting in their Sessions or three of them at the least C. 17. § 7. N. 2. And if the Lord viz. that would inclose Wood of Common Woods c. and the said Tenants and Inhabitants or the most part of them cannot will not or do not assent consent and agree for and upon the severing dividing setting out meeting and bounding of the said fourth part of the said Woods and Vnder-woods Viz. to be left out c. or of as much thereof as shall amount to the full fourth part thereof that then two Iustices of the Peace not being of the Kin Allyance Council or Fee of or to the said Lord or Owner being thereto appointed by the more number of the Iustices of Peace of the Shire where the said Ground or Soyl lyeth in their open Quarter Sessions upon Request and Suit made unto them by the Lord or Owner or by his or their lawful Depuy or Deputies of the said Woods Vnder-woods Grounds or Soyl shall have full Power and Authority to call before them upon such Pains and Penalties as the said Iustices shall limit and appoint such twelve of the said Commons and Inhabitants nigh unto the same Woods or Vnder-woods as by the discretion of the said two Iustices shall be thought meet and convenient Common And upon or after the appearante of the same Lords Owners § 7. N. 3. Commons and Inhabitants or the most part of them the same Iustices shall open and declare unto the same Lord Owner Commons and Inhabitants the Cause of their Assembly and Appearance and that done shall by the Advise and Assent of the said Lord Owner Commons and Inhabitants or their lawful Deputy or Deputies or the most part of them effectually proceed to the severing dividing meeting and bounding of the said fourth part of the said Woods and Vnder-Woods or of so much thereof as shall amount to the fourth part thereof Justices And if the same Iustices Owners § 7. N. 4. Commons and Inhabitants or the most part of them cannot or will not agree upon the Division c. that then the said Iustices shall have full Power and Authority by this Act to sever divide and set out by meets and bounds the fourth part of the said Woods and Vnder-woods or so
again and go wandering and will not Labour as they were wont in times past Process And to take and arrest all those that they may find by Indictment § 1. N. 5. or by Suspition to put them in Prison Bayl. And to take of all them that be not of good Fame § 1. N. 6. where they shall be found sufficient Surety and Mainprize of their good behaviour towards the King and his People and the other duly to punish to the Intent that the people be not by such Riotors or Rebells troubled nor endamaged nor the Peace blemished nor Merchants nor others passing by the high-ways of the Realm disturbed nor put in the peril which may happen of such Offenders 1 R. 3. 3. § 1. N. 2. Coron And also to Hear and Determine at the Kings Suit § 1. N. 7 all manner of Felonies and Trespasses done in the same County according to the Laws and Customs aforesaid Justices And that Writs of Oyer and Terminer § 1. N. 8. be granted according to the Statutes viz. 2 Ed. 3. Cap. 7. thereof made and that the Iustices which shall be thereto Assigned be named by the Court and not by the Party Enquest And the King will that all general Enquiries before this time granted § 1. N. 9. within any Seigniories for the Mischeifs and Oppositions which have been done to the People by such Inquiries shall cease utterly and be repealed Amerciaments And that Fines which are to be made before Iustices for a Trespass done by any Person be reasonable and just § 1. N. 10. having regard to the quantity the Trespass and the causes for which they be made Measures Item It is Accorded that they which shall be Assigned to keep the Peace Cap. 5. shall have Power to Enquire of Measures according to the Statute thereof made the five and twentieth year of the Reign of our Lord the King viz. 25 Ed. 3. St. 5. Cap. 9. Days Item That in the Commissions of Iustices of the Peace 36 Ed. 3. C. 12. and of Labourers Express mention be made that the same Iustices make their Sessions four times by the year that is to say one Sessions within the Utas of the Epiphany the second within the second week of Lent the third between the Feasts of Penticost and of St. John Baptist the fourth within the eight days of St. Michael 2 H. 5. Cap. 4. § 2. N. 2. 25. Ed 3. Cap 8. Enquest It is Assented c. that c. in all Enquiries within the Realm 42 Ed. 3. C. 4. § 1. N. 2. Commissions shall be made to some of the Iustices of the one Bench c. or Iustices of the Peace with others of the most worthy of the County c. Accountant And that he viz. that will Complain of Sheriffs C. 9. § 1. N. 4. Leavying of the Kings Debt c. have his Suit as well before Iustices of the Peace as before other Iustices Statuta Rich. 2. Peace ITem 1 R. 2. Cap. 2. Our Lord the King greatly desiring the Tranquillity and quietness of his People Willeth and straightly Commandeth that the Peace within this Realm of England be surely observed and kept so that all his Lawful Subjects may from henceforth Safely and Peaceably go and come and dwell according to the Law and Vsage of the Realm Pleading And that Iustice and Right § 1. N. 6. be indifferently Ministred to every Person Riot Commissions shall be awarded to arrest Rioters 2 R. 2. C. 7. and other persons Offensive to the Peace and to Imprison them A Repeat of the Statute of 2 Rich. 2. Cap. 7. touching Riots 2 R. 2. St. 2. C. 2 Justices A profitable Act not Printed 4 Inst 176. 3 R. 2. N. 39. Rot. Pat. Treason It shall be Treason to begin a Riot or Rumour 1 Ed. 6. 5 R. 2. C. 6. § 1. N. 2 Cap. 12. Cap. 7. § 1. N. 2. And in such case viz. where entry is given by Law not with strong hand nor with multitudes of people Force but only in peaceable and easy manner 15 Ric. 2 Cap. 2. 7 Ric. 2. Ca. 5. Iustices c. shall Examine Vagabonds Poor bind them to their good abearing or Commit them to prison Cap. 13. Item It is ordained and assented Riot and also the King doth prohibit that from henceforth no man shall ride in Harness within the Realm Contrary to the form of the Statute viz. 2 Ed. 3. Cap. 3. of Northampton thereupon made neither with Launcegay within the Realm the which Launcegayes be cleerly put out within the Realm as a thing prohibited by our Lord the King upon pain of Forfeiture of the said Launcegayes Armours and other Harness in whose hands or possessions they be found that bear them within that Realm Contrary to the Statutes and Ordinances aforesaid without the Kings special Lycene 20 Rich 2. Cap. 1. 12 Ric. 2. Ca. 2 Item Chancery It is accorded that the Chancellor c. and all others that shall be called to ordain name or make Iustices of Peace c. shall be firmly sworn that they shall not ordain c. for any gift or Brocage Favour or Affection Cap. 10. Item It is ordained and agreeed Justices that in every Commission of the Iustices of Peace there shall be Assigned but six Iustices with the Iustices of Assises 14 Ric. 2. Cap. 11. § 1. N. 2. And that the said six Iustices shall keep their Sessions in every Quarter of the Year at least and by three dayes if need be Dayes upon pain to be punished according to the Discretion of the Kings Counsel at the suit of every man that will Complain 25 Ed. 3. Cap. 8. and 2. H. 5. Cap. 4. § 2. N. 2 14 H. 6. Cap. 4. N. 4. § 1. N. 3. And they shall enquire diligently among other things touching their Offices if the said Majors Bayliffs Stewards Constables Enquest and Goalers have duly done Execution of the said Ordinances viz. 12 R. 2. Cap. 3. 4. 5. 6. 7. 8. 9. Of Servants and Labourers Beggars and Vagabonds and shall punish them that be punishable by the said pain of an hundred shillings by the same pain and they that be found in default and be not punishable by the same pain shall be punished by their Discretion § 1. N. 4. And every of the said Iustices shall take for their wages four Shillings the day for the time of their said Sessions Fees and there will be two shillings of the Fines and Amerciaments rising and coming of the same Sessions by the hands of the Sheriffs § 1. N. 5. And that the Lords of Franchises shall be contributory to the said Wages after their rate of their part of Fines and Amerciaments aforesaid Franchise § 1. N. 6. And that no
requisite Process such and so many persons as by their Discretion have or shall have best experience in the Occupation of making of Tile to search or examin in the digging casting turning parting making whitning and anealing aforesaid § 1. N. 18. And if the same Searchers or any of them do find Indictment that any person or persons exercising the Occupation of Tile-making do offend contrary to this Ordinance that then the same Searchers shall present such Defaults before the Iustices of Peace at their next Sessions § 1. N. 19. And that every such Presentment shall be as strong and effectual in the Law as the Presentment of twelve men Enquest § 1. N. 12. And that the Iustices of Peace shall have power to examin Justices Enquire and determin the Defaults of such Searchers in the Premises in like form as above is ordained for the Defaults of Tile-makers Statuta Rich. 3. Bayl. BE it enacted 1 R. 3. Cap. 3. § 1. N. 2. c. that every Iustice of Peace in every Shire City or Town shall have Authority and Power by his or their Discretion to Let such Prisoners and Persons so arrested Viz. on malice or light Suspition of Felony to Bail or Mainprize in like form as though the same Prisoners or Persons were Indicted thereof of record before the same Iustices in their Sessions 3 H. 7. Cap. 3. § 1. N. 7. and 34 Ed. 3. 1. § 1. N. 6. Coron And that Iustices of Peace have Authority to Enquire in their Sessions § 1. N. 3. of all manner Escapes of every person Arrested and Imprisoned for Felony Fines And it is Ordained c. that a like Transcript of the same Fine Cap. 7. § 2. N. 1. viz. in C. B. shall be sent to the Iustices of Peace of the County where the said Lands c. be they to cause open and solemn Proclamation of the said Fine to be made at four general Sessions of the Peace to be holden the same year Statuta Hen. 7. Forest THE King our Soveraign Lord c. Ordained 1 H. 7. Cap. 7. § 1. N. 3. that at every such time as Information shall be made of any such unlawful Huntings viz. in Forests Parks and Warrens by night or with painted faces hereafter to be done to any of the Kings Counsel or to any of the Iustices of the Kings Peace of the County where any such Hunting shall be had of any person to be suspect thereof that then it shall be lawful to any of the said Iustices of Peace or Counsel to whom any such Information shall be made to make a Warrant to the Sheriff of such County or to any Constable Bailiff or other Officer within the same County to take and arrest the same person or persons of whom any such Information shall be had and to have him or them before the Maker of any such Warrant or any other the Kings said Counsel or Iustice of his place of the same County Justices And that the said Counsellor or Iustice of Peace afore whom such person or persons shall be brought § 1. N. 4. by his Discretion have power to examin him or them so brought afore the said Counsellor or Iustice of the said Hunting and of the said Defaults in that behalf Amercement And if he then confess truth § 1. N. 6. and all that he shall be examined of and knoweth in that behalf that then the said Offences of Huntings by him done be against the King our Soveraign Lord but Tresspass Finable by reason of the same Confession at the next general Sessions of the Peace to be holden in the same County by the Kings Iustices of the same Sessions there to be Sessed Enquest And over that 3 H. 7. C. 1. § 1. N. 4. viz. besides the Star Chambers Jurisdictions it is Ordained c. that the Iustices of Peace of every Shire of this Realm for the time being may take by their Discretion an Enquest whereof every man shall have Lands and Tenements to the yearly value of forty shillings at the least to enquire of the Concealments of other Enquests taken afore them and afore other of such matters and Offences as are to be enquired and presented before Iustices of Peace whereof Complaint shall be made by Bill or Bills as well within Franchis as without Amercement And if any such Concealment be found of any Enquest as is afore rehersed had or made within the year after the said Concealment § 1. N. 5. every person of the same Enquest to be Amerced for the same Concealments by Discretion of the same Iustices of the Peace the said Amercements to be Sessed in plain Sessions §. 1 N. 21. And also Iustices of Peace have Power to enquire of such Escapes Escape viz. of Murderers in the Day and that to certifie before the King in his Bench. § 1. N. 26. And also it is Ordained by the same Authority Peace that every Iustice of Peace within this Realm that shall take any Recognizance for the keeping of the Peace that the same Iustice do certifie send or bring the same Recognizance at the next Sessions of the Peace where he is or hath been Iustice that the party so bound may be called § 1. N. 27. And if the party make Default Justices the same Default then there to be recorded and the same Recognizance with the Record of the same Default be sent and certified into the Chancery or afore the King in his Bench or into the Kings Exchequer Cap. 3. § 1. N. 3. Wherefore the King c. hath ordained Bail c. that the Iustices of Peace in every Shire City or Town or two of them at the least whereof one to be of the Quorum have Authority and Power to Let any such Prisoners or persons mainpernable by the Law that have been Imprisoned within their several Counties City or Town to Bail or Mainprize unto their next general Sessions or unto the next Goal-Delivery of the same Goals in every Shire City or Town as well within Franchises as without where any Goals be or hereafter shall be 1 2 Ph. Mary 13. § 1. N. 2. § 1. N. 4. And that the said Iustices of the Peace or one of them Certificate so taking any such Bail or Mainprize do certifie the same at the next general Sessions of the Peace or the next Goal-Delivery of any such Goal within every such County City or Town next following after any such Bail or Mainprize so taken upon pain to forfeit unto the King for every Default thereupon recorded 10 l. § 1. N. 7. And that the foresaid Act viz. 1 R. 3 Cap. 3. § 1. N. 2. Joynder giving Authority and Power in the Premisses to any Austice of the Peace by himself be in that behalf utterly Void and of none Effect by
â—â—â—r Provided always and be it Enacted by the Authority aforesaid § 9. N. 5. that after the death of every such Copy-holder Customary-holder or Farmer as so shall offend and forfeit any of their said Copy-holds Customary-holds or Farms as is aforesaid that then all and every such person and persons as should or ought to have had the said Copy-holds Customary-holds or Farms after or by the death of such Copy-holder Customary-holder or Farmer in case such Copy-holder Customary-holder or Farmer had not so offended ne forfeited shall and may have the same Copy-holds Customary-holds and Farms by Entry Action Admission or otherwise in like Manner Form and Condition and by such Ways and Means as they and every of them should might or ought to have had if no such Forfeiture or Offence had been had done or committed 1 Mar. 1. St. 2. Cap. 12. § 10. N. 1. § 10. N. 1. And furthermore it is Ordained and Enacted by the Authority aforesaid that if any person or persons after the said twelfth day of February Coron by open Word or Deed shall procure or stir any other person or persons to arise or make any Traiterous or Rebellious Assembly to the intent to do exercise or put in ure any of the things above mentioned that then every person so procuring moving or stirring any other shall therefore be deemed and adjudged a Felon and suffer pains of Death and forfeit his Goods Cattels Lands and Tenements as in Cases of Felony 1 Mar. 1. St 2. Cap. 12. § 19. N. 1. §. 10. N. 2. And shall also lose the Benefit of his Clergy and Sanctuary Clergy § 11. N. 1. And also be it further Enacted by the Authority aforesaid Imprisonment that if any person or persons which at any time after the same day shall be spoken unto moved or stirred to make any Commotion Insurrection or unlawful Assembly for any of the intents above mentioned and do not within twenty four hours next after he or they shall be so spoken unto moved or stirred unless he shall have a good and reasonable cause of excuse declare the same to one Iustice of Peace or Sheriff of the said County or to the Mayor Sheriffs Bailiff or Bailiffs or other head-Officer of any City or Town-Corporate where such speaking motion or stirring shall be had shall suffer Imprisonment until he shall be discharged by three Iustices of Peace of the same Shire where the Offence shall be whereof one of the said Iustices shall be of the Quorum 1 Mar. 1. Stat. 2. Cap. 12. § 11. N. 1. § 12. N. 1. And it is Ordained and Enacted by the Authority abovesaid Imprisonment that if any person or persons being above the age of eighteen years and under the age of forty years being able to serve and not sick lame or impotent shall be required by any Iustice of the Peace or any Sheriff of any County where any such Assembly shall be or by any Mayor Bailiff or other Head-Officer of any City Borough or Town-Corporate or by any other by the Commandment of any such Iustice of Peace Sheriff Mayor Bailiff or other Head-Officer to go with him or them to suppress the persons unlawfully assembled in manner and form aforesaid that then every person so being able and required do willingly and obstinately refuse so to do shall suffer Imprisonment of his Body for one year without Bail or Mainprize 1 Mar. 1. Stat. 2. Cap. 12. § 12. N. 1. § 12. N. 2. And make Fine and Ransom at the Kings Will and Pleasure Amercements § 13. N. 1. Provided always and be it Enacted by the Authority aforesaid that if the King shall by his Letters Patents make any Lieutenant in any Countiy or Counties of this Realm for the suppressing of any Commotion Rebellion or unlawful Assembly War that then all Iustices of Peace of every such County and the Sheriffs and Sheriff of the same as all Mayors Bailiffs and other Head-Officers and all Inhabitants and Subjects of any County City Borough or Town-Corporate within every such County shall upon the Declaration of the said Letters Patents and Request made be bound to give attendance upon the same Lieutenant to suppress any Commotion Rebellion or unlawful Assembly unless he or they being so required have any reasonable excuse for his not attendance upon pain of Imprisonment of one whole year 1 Mar. 1. St. 2. Cap. 12. § 13. N. 1. § 14. N. 1. And be it further Enacted by the Authority aforesaid Notice that the Order and Form of the Proclamations that shall be made by the Authority of this Act shall be as hereafter followeth or with the like order and words in effect that is to say the Iustice or other person Authorized by this Act to make the said Proclamation shall make or cause to be made in Oyes and after that shall openly pronounce or cause to be pronounced these words or the like in effect 1 Mar. 1. St. 2. Cap. 12. § 14. N. 1. Peace The King our Soveraign Lord § 14. N. 2. chargeth and commandeth all persons being assembled immediately to disperse themselves and peaceably to depart to their Habitations or to their lawful Business upon the Pains contained in the Act lately made against unlawful and rebellious Assemblies and God save the King 1 Mar. 1. St. 2. Cap. 12. § 14. N. 1. Forfeiture Provided always and be it Enacted by the Authority aforesaid § 15. N. 1. that if any person or persons do or shall molest let hinder or hurt any person or persons that shall proclaim or go to proclaim according to the Proclamation and Order made in the Statute aforesaid whereby such Proclamation shall not be made that then all and every such person and persons so molesting letting hindring or hurting and all and every such person and persons Offender or Offenders to whom any such Proclamation or Proclamations should or ought to be made to the intent aforesaid shall incur and be in like Danger and suffer like Pain or Pains and Forfeitures as aforesaid in every of their Degrees as though the Proclamation had been made any Clause Article or Sentence heretofore in this Act included made to the contrary notwithstanding 1 Mar. 1. St. 2. Cap. 12. § 15. N. 1. Days And be it Enacted by the Authority aforesaid § 15. N. 2. that this Act shall be openly read at every Quarter Sessions 1 Mar. 1. St. 2. Cap. 12. § 16. N. 1. Franchise Saving to the Bishop of Durham and Bishop of Ely § 15. N. 3. and all other that have Charter of the County Palatine and to their Successors the year day and waste in such sort as by the said Charter they had or ought to have had the same if this Act had never been had ne made this Act or any thing therein contained to the contrary notwithstanding 1 Mar. 1. St.
Domini Regis 2. Vi Armis viz. Baculis Gladijs Pugionibus Falcastris alijs Armis tam invasivis quam defensivis apud P. in B. predict ' clausum cujusdam L. M. vocat ' Bonehilclose illicite Riotose Routose fregerunt intraverunt decem caractat ' feni ad valentiam quatuor librarum de Bonis Catallis dicti L. M. ad tunc ibid em injustè illicite ceperunt asportaverunt contra pacem dicti Domini Regis contra form ' Statut ' inde Editi provisi Per quod preceptum est J. C. sub-Ballivo quod non omitteret propter aliquam libertatem c. quin Venire Faceret eosdem A. B. C. D. E. F. ad respondend ' c. Posteaque scil ' Diè Lunae proxim post Festum sancti Mich ' Archang Anno Regni Domini Regis c. coram prefatis Justiciarijs venerunt predicti A.B.C. D. E. F. in proprijs personis suis habito Auditu Indictament ' predicti separatim dicunt quod ipsi non sunt inde culpabiles de hoc ponunt se super patriam H. J. qui pro Domino Rege in hac parte sequitur similiter Ideo veniunt inde jurat ' coram Justiciarijs dicti Domini Regis ad pacem in Burgo Parochia predict ' conservandam assignatis c. ad Sessionem Pacis apud B. predict ' die Lunae proximum Post Epiphaniam Domini tunc proximum futurum tenend ' qui c. ad recogn c. qui tam c. idem dies Datus est tam prefato H. J. qui sequitur pro Domino Rege quam prefat ' A.B.C. D. E. F. Ad quas quidem Sessiones Pacis tent ' apud B. predict ' in Com. predict ' dicto Die Lunae proximo Post Festum Epiphaniae Domini Anno Regni Regis c. coram Ballivo dictis F. F.T. D. R. J. socijs suis Justiciarijs dicti Domini Regis ad Pacem in dicto Burgo Parochia Conservandam nec non ad diversas felonias transgressiones alia malefacta in eodem Burgo Parochia perpetrata Audienda terminanda assignatis venerunt tam prefatus H.J. qui pro Domino Rege in hac parte sequitur quam prefat A.B.C.D. E. F. in proprijs personis suis Juratores per sub-Ballivum Burgi Parochiae predict ' ad hoc impannellat ' exacti viz. F. F. Mercer or Draper c. similiter venerunt qui ad veritatem de premissis dicend ' triati Jurati dicunt super Sacrament ' suum quod predict ' A. B. C. D. E. F. Culpabiles sunt eorum quilibet culpabilis est de transgressione contemptu Rioto predict ' in indictamento predict ' superius specificatis modo forma prout superius versus eos supponitur Ideo consideratum est per curiam quod predict ' A.B.C. D. E. F. Capiantur ad satisfaciend ' dicto Domino Regi de finibus suis occasione transgressionis Contemptus Rioti predicti Qui quidem A. B.C. D. E. F. ad tunc ibidem presentes in curia petierunt se ad finem cum dicto Domino Rege occasione predict ' admitti ideo ponant se separatim in misericordia dicti Domini Regis assessat ' finis ejusdem A. B. per Justiciarios predict ' ad 5 l. assessatur finis ejusdem C. D. ad 3 l. c. bonae legalis monetae Angliae ad opus usum dicti Domini Regis Lambert 535 536 Dalt 400. cap. 130. XXXV Lambert 381. And albeit the Power of these Justices be joynt at the Sessions yet to some purpose each one by himself hath a distinct Power also for if one of them sitting in his Judicial place shall see a Riot he may cause the Parties to be Arrested and may also Record the Riot whereby they shall be so concluded as they have none answer to it Justice of Peace Fitz. 9. supra 12. N. 5. infra XXXVI Lambert 494 495. Endictment An Endictment of a Riot without saying Contrà formam Statuti c. is not good as may appear in the Traverse Lambert 535. supra because it is no Riot but by that Statate 13 H. 4. 7. and yet it is not of necessity that the Statute be verbally rehearsed but only that the Offence against the Statute be sufficiently and with full words described Com. 179. infra XXXVII Dalt 109. cap. 46. And yet if one Justice of Peace sitting in a Judicial place as in the Sessions shall see a Riot he may command them to be Arrested and may make a Record thereof and the Offenders shall be concluded thereby supra But if one Justice of the Peace shall see a Riot in another place and shall command them to be Arrested and shall make a Record thereof the Offenders shall not be concluded thereby but may Traverse it supra And yet the Justice may Record it and certifie the same to the next Sessions Kâ—ll 41. XXXVIII Dalt 109. cap. 46. If a Justice of Peace commit a Man to Ward pretending untruly that he did a Riot where he did none the party may have an Action of Trespass against him see 8 Co. 121. supra yet see Judges Br. 2. 10. that an Action will not lye against a Justice or Judge of Record Lambert 316 supra Assemblies XXXIX Lambert 183. The Statute 1 Mar. 1. St. 2. cap. 12. § N. and 1 Eliz. 16. § N. do make three degrees of Riots and Seditious Assemblies in certain special Cases The first consisting of the common number of three Persons and being under the Number of twelve the second of twelve Persons or more and the third of forty Persons and upwards all which are to be punished diversly according to the number intent act and obstinacy of the Parties Assembled wherein there is some imitation of an ancient Law that King Ina made against Thieves whose degrees in Offence he also severed and punished by their Number saying thus that Thieves we call them untill the Number of seven men from 7. a Troop untill 35. and an Army above that Number XL. Lambert 183 184. One Justice of Peace therefore may by vertue of these Statutes 1 Mar. 1. St. 2. cap. 12. and 1 Eliz. 16. make or cause to be made a Proclamation in the Kings Name after three Oyes thus The King our Soveraign Lord chargeth and commandeth all Persons being assembled immediately to disperse themselves and peaceably to depart to their Habitations or to their lawfull Bâ—siness upon the pains contained in the Act lately made against Unlawfull and Rebellious Assemblies And God save the King Dalt 110. cap. 86. 2. And he also may at his discretion assemble his Majesties Subjects to take them and may take them indeed if they disobey Crompt 195 b. pl. 26. and shall be unpunished for the hurting or maiming or Killing of any of them if they make resistance He also is
or Steward in his Leet or by examination had afore the said Iustices of Peace that Process be made upon the same as upon Indictment of Trespass against the Kings Peace 19 H. 7. cap. 12. § 2. N. 4. § 1. N. 15. And that the said Misdoer be admitted to no Fine under the Sum of 6 s. 8 d. 19 H. 7. cap. 12. § 2. N. 4. Amercement § 1. N. 16. And that it be lawful to two of the Iustices of the Peace Justices whereof one shall be of the Quorum within their authority to reject and put away common Ale selling in Towns and Places where they shall think convenient 19 H. 7. cap. 12. § 2. N. 5. § 1. N. 17. And to take surety of Keepers of Ale-houses Ale of their good behaviour by the discretion of the said Iustices and in the same to be advised and agreed at the time of their Sessions 19 H. 7. Cap. 12. § 2. N. 6. Cap. 3. The King our Soveraign Lord calling to his remembrance Riot that many good Statutes and Ordinances be made for the punishment of Riots unlawful Assemblies Retainers and giving and receiving of Liveries Signs and Tokens unlawfully Extortions Maintenance Imbracery excessive taking of Wages contrary to the Statute of Laborers and Artificers viz. 23 Ed. 3. cap. 1. the use of unlawful Games inordinate Apparel and many other great inconveniencies and offences which been committed and done daily contrary to the good Statutes for many and divers behooful considerations severally made and ordained to the high displeasure of Almighty God and the great let of the Common Law and Weal of this Land notwithstanding generally by the Iustices of the Peace in every Shire within this Realm in the open Sessions is given in charge to inquire of many Offences committed contrary to divers of the said Statutes and divers inquests thereupon there straitly sworn and charged before the said Iustices to inquire of the premises and therein to present the Truth which is letted to be found by embracery maintenance corruption and favour by occasion whereof the said Statutes be not nor cannot be put in due execution 1 H. 8. Cap. 6. § 1. N. 2. For reformation whereof Enquest for so much that before this time the said Offences Extortions Contempts and other the premises might not nor as yet may be conveniently punished by the due order of the Law except it were first found and presented by the verdict of twelve Men thereto duly sworn which for the causes afore rehearsed will not find nor yet present the truth 3 H. 7. Cap. 1. § 1. N. 2. § 1. N. 3. Wherefore be it by the advice and assent of the Lords Spiritual and Temparal and the Commons in this present Parliament assembled Justices and by authority of the same Enacted Ordained and Stablished that from henceforth as well the Iustices of the Assize in the open Sessions to be holden afore them as the Iustices of Peace in every County of the said Realm upon Information for the King before them to be made have full power and authority by their discretion to hear and determine all Offences and Contempts committed and done by any person or persons against the form ordinance or effort of any Statute made and not repealed 1 H. 8. Cap 6. § 1. N. 4. And that the said Iustices upon the said Information Process shall have full power and authority to award and make like Process against the said Offenders and every of them as they should or might make against such person or persons as been presented and indicted before them of Trespass done contrary to the Kings Peace and the said Offender and Offenders duly to punish according to the purport form and effect of the said Statutes § 1. N. 5. Also be it Enacted by the said authority Information that the person which shall give the said Information for the King shall by the discretion of the said Iustices content and pay to the said person or persons against whom the said Information shall be so given his reasonable costs and damages in that behalf sustained if that it be tried or found against him that so giveth or maketh any such Information 11 H. 7. Cap. 7. § 1. N. 18. § 1. N. 6. Provided alway that any such Information extend not to Treason Treason Murder or Felony nor to any other Offence wherefore any person shall lose Life or Member nevertheless by nor upon the same Information any Lands Tenements Goods and Chattels to the Party making the same Information Lieu. Provided also that the said Information shall not extend to any Person dwelling in another Shire than there § 1. N. 7 as the said Information shall be given or made Franchise Saving to every Person and Persons Cities and Towns § 1. N. 8. all their Liberties and Franchises to them and every of them of right belonging and appertaining Measures And two Iustices of Peace Ca. 4. § 1. N. 13. whereof one shall be of the Quorum have authority as well by examination as by inquiry to hear and determine the faults of the said Mayors Bailiffs and other Head Officers in that behalf viz. Of Weights and Measures And also of all Buyers and Sellers doing contrary to this present Act and Ordinance and to set Fine and Amercement upon the Offenders by their discretion 34 Ed. 3. Cap. 5. 7 H. 7. Cap. 4. § 1. N 12. Process Be it also ordained c. § 1. N. 16. That the Iustices of Peace abovesaid have authority to make like Process against all Persons found as is abovesaid defective and for such Fines and Amercements as upon them shall be assess'd as if they were Indicted afore them for breaking of the Kings Peace Riot Prayen the Commons of this our Land in this present Parliament assembled Cap 7. that where for the great rest and tranquility of your said Commons true Liege-men and Subjects inhabited in this your Realm divers and many good Statutes Acts and Ordinances have been made in times past ordained and stablished to subdue and punish Riots for the unlawful raising and leading of People Riots Routs and other unlawful assemblies whereby many evil Deeds Ieoperdies Perils Fear and Dread to your Subjects have grown and thereupon great Penalties set upon the said Rioters and Offenders as in divers remembred Statutes Acts and Ordinances in the days of your noble Progenitors at several times made ordained and provided more at large doth and may appear Franchise Yet the same Acts notwithstanding some Persons not dreading God § 1. N. 2. their Soveraign Lord nor the punishment of the Laws made and had in this behalf oft times as well by colour of such Offices as they have obtained as Receivers Stewards and Bailiffs of Lordships and other Officers as by peny Reteiners by Oath Promise Covenant and otherwise
of this present Parliament the Towns and Places wherein they shall think most necessary to have a common Goal newly edified and made 2 Inst 705 706. and 5 Eliz. 24. cap. § 3. N. 1. Notice And be it further Enacted § 4. N. 1. That several Commissioners under the Kings great Seal with this present Act thereto affiled shall be directed to the Iustices of Peace of the Shires aforenamed authorizing them to accomplish and execute this present Act according to the tenor thereof in every behalf Imprisonment Be it further Enacted c. § 7. N. 1. That like Provision in every behalf be had for a new Goal to be made within the County of Derby in like form as is provided for other Shires aforesaid Ale And that every Beer-Brewer and Ale-Brewer shall not take over and above for every such Barrel Kilderkin C. 4. § 5. N. 1. or Firkin of Ale and Beer but after such Prizes and Rates as shall be thought convenient and sufficient by discretions of the Iustices of Peace within every Shire where such Beer-Brewer and Ale-Brewer shall dwell without any City Borough or Town Corporate where no head-Officers as Mayors Bailiffs Sheriffs and other head-Officers have no Authority or Rule 8 Eliz. 9. § 5. N. 1. Cap. 5. § 5. N. 2. And before he viz. Commissioner of Sewers shall take upon him the Execution of the said Commission Sewers he shall take a Corporal Oath before the Lord Chancellor or before such to whom the said Lord Chancellor shall direct the Kings Writ of Dedimus Potestatem to take the same or before the Iustices of the Peace in the Quarter Sessions holden in the Shire where such Commissions shall be directed c. Cap. 8. § 2. N. 2. And if it shall happen any person Mettle c. for prosecuting any Suit or Action upon this Statute viz. against Tinners that do not make sufficient Hatches and Tyes for Gravel c. or by occasion of the same hereafter to be imprisoned by any manner of person c. being Officers or Ministers of the Stannery their Deputies or Substitutes that then every of the Iustices of Peace within any of the Counties aforesaid viz. Devonshire or Cornwal wherin the said Prisoner shall happen to be Committed to Prison upon credible Information thereof taking Surety by his descretion for Appearance of such Prisoner at the next general Sessions of the Peace shall have Power c. as well to direct his Warant to the Goaler c. as to any other Person to whom the said Prisoner shall be committed unto commanding him c. upon pain c. of 40 l. to deliver and put at large the said Prisoner c. 27 H. 8. Cap. 23. § 4. N. 1. § 2. N. 6. And if it shall appear upon the Appearance of such Prisoner at the Quarter Sessions by examining of the Iustices of Peace there being Justices that he was imprisoned contrary to the form of this Statute then he shall be forthwith dismissed and thereby discharged and if he were lawfully Imprisoned for any other just Cause then to be remanded to Prison by the discretion of the said Iustices 27 H. 8. Cap. 23. § 4. N. 3. Cap. 1◠§ 3. And be it Enacted c. that the Lord Chancellor of England Sewers c. at all times c. upon request to him to be made by the Mayor and Commonalt◠of the said City viz. of York and Town viz. of Hull or by any other Citizen and Burgess of the said City and Town c. or other person by them under the common Seals of the said City and Town Authorised shall have Power and Authority by his discretion to make and direct like Commission viz. as for Surety unto eight sad and discreet persons whereof four of them be of the Citizens and Inhabitants of the said City and Town and the other four to be Iustices of Peace whereof two to be of the West-Riding and the other two of the East-Riding of the County of York not of Fee nor retained with the said City or Town that they eight seven six five or four of them whereof two of them shall be of the said City and Town and the other two Iustices of Peace the one of the East-Riding the other of the West-Riding of the said County by Virtue of the said Commission shall and may the said Owners assign and appoint to pull up and redress viz. in the River of Ouse and the water of Humber or cause to be pulled up and redressed within thirty days after monition given to the said Owners by the said Commissioners or by such of them taking the charge of the Execution of the said Commission such and as much of the said Fish-gart his and other Impediments to be made in the said Waters viz. of Ouse and Humber to the Let Disturbance Damage or Ieoperdy of any Ships Keyls Boats or any other Vessels passing or repassing to or from the said City of York to the said Town of Hull as by them shall be thought meet and convenient 24 H. 8. C. 1◠§ 2. N. 4. And if the Offence Fowle viz. not endeavouring to destroy Crows Rooks and Choughs be done contrary to this Statute by any person c. which shall dwell and have the Manurance of and in such Mannors Meases Lands Tenements or Hereditaments whereunto such Leets Law-days Rapes and Courts do not belong or by reason whereof any such Courts be not holden that then upon a Presentment thereof had before the Sheriffs c. or Iustices of Peace in their Sessions c. the Iustices of Peace or two of them at the least if the Presentment be before them in their Sessions shall assess and set the said Amerciament after the quantity of the Offence by their discretions c. Justices And further be it Enacted § 5. N. 1. c. That as well the Iustices of the Peace in their Sessions c. to be hereafter holden before them or any of them shall give in Charge to the Tenants and Inhabitants and all other appearing before any of them that they shall duly inquire and put in execution the effect of the Premises in due time viz. yearly so that this Act may be fully executed and Choughs Crows and Rooks thereby destroyed in all parts of this Realm c. Fowle And if any such Owner or Farmer viz. on whose Grounds Rooks § 7. N. 2. Choughs or Crows be killed refuse to pay the said mony accordingly as is aforesaid viz. two pence for twelve a penny for six a half-penny for three old Rooks Choughs or Crows killed then upon Complaint and Proof thereof made to any of the Iustices of Peace or High-Constable the said Iustice of Peace or High-Constable shall cause the said mony to be levyed by distress of the Goods and Cattels of every such Farmer or Owner refusing to pay the same
number of evil disposed persons did come and joyn themselves to the said small number whereby the same evil disposed persons took upon them such boldness that they would not be reduced to obedience without much blood shedding to the great danger of the Kings Majesties person where if the Kings loving Subjects durst have taken upon them to have suppressed them at the beginning such inconvenience of blood-shed should not have followed 1 Mar. 1. St 2. Cap. 12. § 7. N. 1. § 8. N. 2. Therefore it is also Ordained and Enacted by the Authority aforesaid Justices that if any persons above the number of two that at any time after the said twelfth day of February shall be unlawfully and of their own authority assembled together to the intent with force of Arms to do practice or put in ure any of the things above mentioned that then it shall be lawful to every Iustice of Peace and to every Sheriff in any County being within the Kings Dominions and to every Mayor Bailiff and other Head-Officer of any City or Town-Corporate for the time he shall be in Office or any other person or persons having the Kings Commission or Letters from his Highness or his Privy Council as well to raise and assemble the Kings loving Subjects in manner of War to be arrayed in such great number as he or they then shall think meet or able to the intent by Violence and Strength to suppress apprehend and take the said persons that so shall be unlawfully assembled 1 Mar. 1. St. 2. Cap. 12. § 7. N. 2. § 8. N. 3. And that if the said persons so unlawfully assembled Process after such Commandment or Request by Proclamation or otherwise made shall continue together and not endeavour themselves to return towards their Habitations Houses or Places from whence they came in such short time as they may conveniently that then it shall be lawful to every Iustice of Peace Sheriff and also to every Mayor Bailiff and other Head-Officer of any City or Town-Corporate and to every other Person having Authority as aforesaid after such Commandment or Request by Proclamation made and to such persons as shall be assembled with any Iustice of Peace or Sheriff or with any Mayor Bailiff or other Head-Officer of any City or Town Corporate and with every other person having Authority as is aforesaid to suppress apprehend and take those persons so unlawfully assembled which after such Request made shall continue together and not endeavour themselves to return towards their Habitations or Places from whence they came 1 Mar. 1. St. 2. Cap. 12. § 7. N. 3. Coron And that if the said persons so unlawfully assembled together or any of them shall fortune to be killed slain maimed or hurt § 8. N. 4. in or about the suppressing or taking of them that then every such Iustice of Peace Sheriff Mayor Bailiff and other Head-Officer and every other person having Authority as is aforesaid and all and singular persons by him or them assembled shall be free discharged and unpunishable as well against the King as against all and every other person and persons of for or concerning the killing slaying maiming and hurting of any person or persons so unlawfully assembled that shall fortune to be killed slain maimed or hurt about or by occasion of suppressing or taking of them 1 Mar. 1. St. 2. Cap. 12. § 7. N. 4. Copy-holder And furthermore be it Enacted by the Authority aforesaid § 9. N. 1. that all and every Copy-holder or Customary-Holder being Artificer Husband-man or Laborer and being of the age of eighteen years or more and under the age of forty years not sick impotent lame maimed ne having any other just or reasonable excuse or cause to the contrary and being required by the Sheriff Iustice or Iustices of the Peace or other having Authority by this Act or by Commission or Letters as is aforesaid in that behalf they declaring their said Authority or being required by the immediate Lord or Lords of whom such Copy-holds or Customary holds then shall be holden to serve the Kings Majesty for any the causes above rehearsed and refuse so to do shall only during the Life of such person or persons so refusing forfeit and lose to his or their Lord or Lords of whom such Copy or Customary-holds then shall be immediately holden and should be holden during the Life of such person or persons so refusing in Case he or they had not so refused all their Copy-holds and Customary-holds 1 Mar. 1. St. 2. Cap. 12. § 8. N. 1. Seisure And that it shall be lawful to every such Lord or Lords § 9. N. 2. their Heirs or Assigns of whom such Copy-holds or Customary-holds shall be immediately holden and should have béen holden in case such person or persons had not so refused by vertue of this present Act to enter and take into his or their Hands or Possession all such Copy-holds and Customary-holds so holden of them or any of them immediately and to retain the same during only the Life of every such Offender or Offenders in such manner and form as he or they should have had the Rents or Services of such Copy-hold or Customary-hold in Case such person or persons so refusing had not refused 1 Mar. 1. St. 2. Cap. 12. § 8. N. 2. â—orfeiture And that all and every Farmer being a Yeoman Husbandman § 9. N. 3. Artificer or Laborer and being of the age of eighteen years or more and under the age of forty years not sick impotent lame maimed ne having any other just or reasonable excuse or cause to the contrary and being required by the Sheriff Iustice or Iustices of the Peace or other having Authority by this Act or by Commission or Letters as is aforesaid in this behalf they declaring their said Authority or being required by their Land-Lord or Land-Lords for the time being to whom the Rents of such Farms shall be then rising coming or growing to serve the Kings Majesty for any the Causes above rehearsed and refuse so to do shall during only the Life of such Farmer or Farmers so refusing forfeit and lose to such Land-Lord and Land-Lords as should have had the Rents of such Farmers during the Life and Lives of such person or persons so refusing all their said Farms 1 Mar. 1. St. 2. Cap. 12. § 9. N. 1. Entrie And that it shall be lawful to every such Land-Lord and Land-Lords § 9. N. 4. their Heirs and Assigns to whom the Rents of such Farms should have been due during the Life of such person or persons so refusing in case such person or persons had not so refused by vertue of this present Act to enter and take into his or their Hands or Possession all such Farms and to retein the same during only the Life of every such Offender or Offenders 1 Mar. 1. St. 2. Cap. 12. § 9. N. 2.
Admiral Mariners Ships Seamen Captains Piracy Poor Souldiers Rogues Navy I. 2 Rich. 2. 4. § 1. N. 3. The King wills and commands all Sheriffs Seamen Mayors and Bailiffs within Franchises and without That at the certification of the said Admirals or their Lieutenants by their Letters thereof viz. Of Mariners departing the King's Service after Wages received to be made testifying the said proof viz. Before them shall incontinent without tarrying make another Commandment of the King our Sovereign Lord to take and attach all Fugitive Mariners by their body within their Bailywick within Franchise and without and put them in Prison there to abide in good and sure keeping till they have made gree to the King c. 18 H. 6. 19. II. By 18 H. 6. 19. § 1. N. 2. And that the Justices of Peace shall have power to enquire of Souldiers that depart from Captains beyond Sea Justices after Wages received c. and to hear and determine the same Ships III. 5 Eliz. 5. § 27. N. 2. That 18 H. 6. 19. in all Pains Forfeitures and other things did doth and hereafter shall extend as well to all and every Mariner and Gunner taking Wages of the King c. to all intents and purposes c. War IV. Lamb. 4. cap. 4. page 422. In charge to Jury at Sessions If any Souldier entred a Souldier of Record and having taken part of the Kings Wages or any Mariner or Gunner having taken prest Wages to serve the King on the Sea have not accordingly gone to his Captain unless he were letted by notorious Sickness c. or have departed from his Captain without his License under his Seal 18 H. 6. 19. 2 3 Ed. 6. 2. § 4. N. 1. 4 5. Ph. Mar. 3. § 2. N. 1. 5 Eliz. 5. § 27. N. 2. But consider whether this entring of Record have any use now Jurisdiction V. 5 Eliz. 5. § 30. N. 1. That all Offences of Transporting Sea-fish Prices Purveyans c. done upon the main Sea or Coasts being no part of the body of any County of this Realm and without the Precinct Liberty and Jurisdiction of the Cinque-Ports and out of any Haven or Pier shall be tryed and determined before the Lord Admiral of England or his Lieutenant or Deputy according to 28 H. 8. 15. for causes of Piracy Justices VI. 5. Eliz. 5. § 30. N. 3. And for all Offences of Transporting Sea-fish Prices eating Flesh Purveyans c. as shall be done in the Land or within any Haven or Pier all Justices of Peace in their Sessions and Mayors Sheriffs and Bailiffs and other head Officers in Cities and Towns Corporate in their Sessions or other Courts within the limits of their Commissions shall have full Power and Authority to enquire of the Offenders of this Act as well by the Oaths of 12 men as otherwise by Information and thereupon to hear and determine the same War VII 5 Eliz. 5. § 43. N. 1. Provided c. and be it enacted That no Fisherman using or haunting the Sea shall be taken by the Queens Commission to serve her Highness as a Mariner on the Sea but that the said Commission be first brought by her Highness Taker or Takers to two Justices of Peace next inhabiting to the Sea-Coasts Towns or other places where the said Mariners are so to be taken to the intent the said Justices may chuse out and cause to be returned such sufficient number of able men as in the said Commission shall be contained to serve her Majesty c. Lamb. 355. Dalt 86. cap. 34. Cromp. 200. License VIII West Sym. 2. part 128. Sect. 195. An Indictment for breaking of a safe Conduct granted by King H. 6. to Merchant-strangers of Genoua see 20 H. 6. cap. 1. Cromp. J. P. 240. b. Pl. 30. Essex ss Juratores pro Domino Rege super sacramentum suum presentant quod eum illustrissimus Princeps Henricus Rex Angliae sextus post conquestum per literas suas patentes sub salvo conductu suo concessit licentiam salvum conductum suum dedit A. B. D. aliis alienigenis mercatoribus de Genoua pro eis quadam Nav ' vocat ' a Carick pro bonis rebus merchandizis suis infra eandem Navem exist ' de transitu Portus Southampton in Anglia per mare versus partes Genoua transfretand ' eadem abfque aliquibus Roberiis fractione impeditione perturbatione aut captione ipsorum alienigenorum bonorum merchand ' sine mercimoniorum suorum predict ' per aliquos ligeos dicti Dom ' Regis infra Regnum dicti Regis Angliae gaudend ' sine impeditione ibid ' quidem H. de D. in Com' E. pred' Armig ' alii fractores salvi conductus Dom ' Regis de ligeis ipsius Dom ' Regis infra Regnum Angliae exist ' ignot ' vi armis viz. Gladiis c. aliis armis tam invasinis que defensibilibus armati salvum conductum pred' minime verentes spernentes in pred' A. B. alios alienigenos ad tunc ibid ' insult ' fecerunt ipsos verberaverunt vulneraverunt male tractanerunt ipsos in Nav ' pred' tanque eorum prisonarios ad tunc ibid ' ceperunt custodierunt eos in Prisona sub custodia sua Diu ' viz. per spatium 4 dierum quousque Iidem A. B. D. alii alien igine in eadem Navi existent ' finem redemptionem pro salvo conductu deliberatione suis habend ' pro sexcent marcis cum prefat ' H. aliis predict ' fecissent detinuerunt contra salvum conductum Dom ' Regis predict ' contra form ' Stat ' in hujusmodi casu promisi ac editi contra Dignitatem Regiam ac in malum exemplum aliorum c. Agait or Await see Coron Agnus Dei see Pope Ale Liquors Wine Beer Brewers Hostler Victuallers Inholders Excise I. 9 H. 3. 25. Magna Carta One Measure of Wine Measures shall be through Our Realm and one Measure of Ale II. Cromp. J.P. 94 Nota Exchequer that Popham Ch. J. said that the Measure of Wine and Ale should be all one and that it had been so agreed by the Justices viz. according to the Standard of the Exchequer see Magna Carta 26 25 and 15. R. 2. 4. see 1 Jac. 9. Alter for Ale Dalt 148. infra 80. III. Cromp. 94 b. ibid. But note that the Ale Quart is the greater Wine because the Froth will amount to a little and Wine Froths not and therefore there shall be a nick in the top of a Wooden Can whereby the Measure shall be to which nick the Beer shall come and this was told me by Mr. Wallis Clark of the Market to Queen Eliz. 25 Jac. 1588. IV. Lamb. 3. cap. 2. pag. 349. The authority of some two Justices of Peace the one being of
they be named joyntly yet be they Indicted severally and the King may pardon A. without forgiving the other per Markham Ch. J. Record Br. 57. Crompt 132 167. so 34 H. 8. 14. § 3. N. 1. XII Lamb. 4. cap 7. pag. 510. Variance Again if the Indictment be of the stealing of two Horses and the Certiorari speaketh but of one Horse it seemeth that they need not to certifie it at all because of the variance for it is certain that they of the Kings-Bench will not arraign the Indictee upon it but will rather write again to know whether there be any Indictment that agreeth with the Writ 3 Ass 3. per Curiam XIII Lamb. 510. Finally it is noted 8 H. 5. 5. Nosm that Hankford Ch. J. of B. R. observed this order that he which brought thither an Indictment taken before Justices of the Peace should endorse his name upon the backside of it which I note not to teach them of B. R. but to let the Justices of Peace see that there is some heed to be taken of him by whom they sent up their Indictments XIV 4 Ed. 3. 2. § 1. N. 6. Justices The Keepers of the Peace shall send their Indictments before the Justices Assign c. Courts XV. 6 H. 8. 6. § 1. N. 3. And Justices of B. R. may command all Justices of Goal-delivery Justices of Peace and all other Justices and Commissioners and every of them to proceed and determine upon all the aforesaid Bodies and Indictments of Felony and Murder so removed in B. R. after the course of the Common Law in such manner as any of them might or should have done if the said Prisoners or Indictments had never been brought into B. R. Utlary XVI 34 35 H. 8. 14. § 2. N. 1. The Clerk of the Crown Clerk of the Peace and Clerks of Assize where any attainder outlawry or conviction of Murder Burglary Felony c. shall be so had shall not only certifie a transcript briefly and in few words containing the tenor and effect of every such Indictment Outlawry or Conviction and Clerk attainted before them so to be had c. that is to say the Name Surname and addition c. and the certainty of the Felony or other offence c. and the day and place of his Outlawry Conviction and Attainder c. and where and when the said Felony c. shall be done before the King c. at Westm. c. within 40 days next after any such Attainder Conviction or Outlawry if the Term be then and if not then within 20 days of the Term next following the said 40 days but also shall deliver a tranfcript of every such Indictment c. to the Ordinary c. 4 Inst. 182. Lamb. 580. Nosm XVII 34 35 H. 8. 14. § 3. N. 1. That if there be any more persons contained and named in any such Indictment other then such person so attainted convicted or outlawed that then such Clerk of the Crown Assize or of the Peace with whom the Record c. shall remain shall within the time before c. certifie the transcript of such Indictment Outlawry or Conviction only concerning such person so Indicted Attainted Outlawed or Convicted into B. R. at Westm c. Utlary XVIII 34 35 H. 8. 14. § 4. N. 1. That the Clerk of the Crown in B. R. c. shall at all such times as the Justices of Goal-delivery or Justices of the Peace in every County within this Realm of England do write unto him for the names of such persons which be so attainted by Outlawry or Clerks attainted or convict and certified in B. R. shall incontinently and without delay certifie the said Names and Surnames of the said persons with the causes why and wherefore they were convict or attainted unto the Justices of Goal-delivery or Justices of Peace c. Imprisonm XIX 1 2 Phil. Mar. 13. § 7. N. 1. No Writs of Habeas Corpus or Certiorari shall hereafter he 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 Justices or in his absence one of the Justices of the Court out of which the same Writs shall be awarded or made Dalt 410. infra § 42. Sessions XX. 21 Jac. 8. § 7. N. 1. That all such Writs of Certiorari of Riot Forcible Entry or Assault c. shall c. be delivered at some Quarter-Sessions of the Peace in open Court Bail XXI 21 Jac. 8. § 7. N. 2. And that the parties Indicted shall before the allowance or such Certioraries become bound unto such c. which shall prosecute such Bills of Indictment against them in 40 l. with such Sureties as the Justices of Peace at their Quarter-Sessions of the Peace shall think fit with condition to pay unto such prosecutors c. within a month after conviction c. such reasonable Costs and Damages as the said Justices of Peace of such Counties where such Bills of Indictment shall be found in the said Sessions of the Peace shall assess or allow Process XXII 21 Jac. 8. § 7. N. 3. And that in default thereof it shall be lawful for the said Justices to proceed any such Writs of Certiorari to remove the same Indictments notwithstanding Ways XXIII 13 14 Car. 2. 6. § 16. N. 1. No Certiorari shall be allowed to remove any Information Indictment Presentment Order or other proceedings in the Quarter-Sessions of for or concerning any matter or thing in this Act viz. for the Tax and Amendment of High-ways c. unless the party c. against whom any such Information Indictment Presentment Order or other proceedings shall be had by vertue of this Act shall before the allowance of such Certioraries become bound to the party c. prosecuting in the sum of Fourty pounds with such sufficient Sureties as the Justices of the Peace at their said Quarter-Sessions of the Peace shall think fit with condition to pay unto the said prosecutors within one month after the conviction c. their full Costs and Damages to be ascertained upon their Oaths and that in default thereof it shall be lawful for the said Justices to proceed to tryal of such Indictments any such Writ of Certiorari to remove the same Indictments notwithstanding XXIV Crompt 131 b. 132 a. Money One was Indict of the Counterfeiting of Money before J. B. Mayor of the Vill of S. and his Companions Justices of the Peace there and because there was no special Commission to enquire of High-Treasons as other Justices of Peace have by 3 H. 5. Stat. 2. cap. 7. which Authority ought to appear in the Title of the Certificate with the Indictment the Prisoner went without day in B. R. whereinto the said Indictment was certified in form aforesaid 2 R. 3. 10. XXV Crompt 132. A Consetvator of
that case provided by which he hath forfeited 5. s. to the use of the poor c. These are therefore to Authorize and Require you c. Given under my Hand and Seal c. Shepherds Clerks Cabinet 20 21. A Warrant upon 1 Car. 1. cap. 1. against Officers for negligence Games To the Constables Churchwardens and Overseers of the Poor of the Parish of N. in the County of Glouc. Glouc. ff Information and Complaint being given in and made unto us W. S. and I. S. two of his Majesties Justices c. that the prophanation of the Lords Day is very much and frequently practised within your Parish by disorderly meetings of young people by Gaming Sports and Pastimes Drinking Tipling and by other means contrary to the Laws in that case provided and that you are negligent in the duties laid upon you by the same Laws These are therefore straitly to charge you henceforth to look to it that no such disorders be hereafter among you but that you forbid the same and that you do from time to time according to the duty of your places make diligent search for the finding out apprehending and punishing of all them that shall be found offenders herein and that you do inform us hereof as occasion shall be And that you or some of you appear before the Justices of the Peace at the house of c. upon c. to bring in the Names in writing of those persons who shall in the mean time offend in the Premisses Letting you to know that if you fail hereof we shall not fail to inflict the punishment appointed by the same Laws upon you for your neglect therein Given under our Hands c. Death see Coron Dear see Forest Deceit see Collusion Deeds see Inrollment Dedimus Potestatem see Oath Demurrer see Pleading Denyal of Offence see Proof Deodand see Coron Departure see Apprentice Deputy see Officer Denizen see Alien Dignity Peers Priviledge nosine Tryals Addition LAmbert 4. cap. 5. pag. 480. even so ought it to have been at the Common Law also viz. before 1 H. 5. 5. of additions in Indictments where process of Outlawry lay c. as touching Names of Dignity made by Creation as Duke Marquess Earl Viscount Arch-Bishop Bishop Knight or Serjeant at Law because every of these Titles was accounted parcel of the Name But it was not so of the Names of Baron Baneret and Esquire which are but Names of Dignity without collation nor of Chancellor Treasurer Chamberlain Sheriff Coroner Escheator Bayliff Dean Arch-Deacon Prebendary or Parson Which are Names of Dignity by reason of Office only unless the presentment did charge them in respect of their Offices II. Lamb. 531. I mean by the word Nobility as our Law speaketh Nosine which calleth none Noble under the degree of a Baron and not as men of foreign Countries do use to speak with whom every man of Gentile Birth is accounted Noble For we daily see that both Gentlemen and Knights do serve in the Parliament as Members of the Commons Howbeit in cases of forcible Entry Riot and unlawful Assembly or such like they of the Nobility shall be tryed by twelve men even as other inferior Subjects 3 4 Ph. Mar. reported by Dalison III. Crompt 134 135. A man who would have the Peace against a Lord Peace or such a Great Man whom the Sheriff durst not Arrest may have a Sub-poena out of the Chancery against him of common right as it was held in the Exchequer Chamber by all the Justices in the Case of the Dutchess of Suffolk 35 H. 6. Subpoena 20. Query If he will not appear upon the Sub-poena if he shall have an Attachment for it was held in the case of the Lord Cromwel in Chancery about 18 Eliz. that an Attachment doth not lye against a Lord where he makes default upon a Sub-poena against him out of the Chancery see Dyer 315. Pl. accord see Rast Entr. 29. The Lord Tiploss threatned and assaulted another and it was made appear and commanded that he should not meddle who promised it see 24 Ed. 3. 33 Contempts Br. 6. the like mattec 17 Ed. 4. 4. IV. Dalt I. S. 16. cap. 68. Recogn the Law hath conceived such an opinion of the peaceable disposition of Noblemen that it hath been thought enough to take one of their promises upon his Honour that he would not break the Peace against a man And therefore if a man shall have cause to have surety of the Peace against a Lord of the Parliament or such Great and Noble Personage he shall not have a Warrant from the Justices of the Peace to that purpose nor yet have a Supplicant out of the Chancery directed to the Justices of Peace therefore but if there be cause he shall have a Sub-poena 20. of common right as it seemeth out of the Chancery and there such Lord c. shall be bound to the Peace c. Contempt 134. V. Dalt 161 162. cap. 68. Arrest But though it be true that the person of a Baron who is a Peer of the Parliament shall not be arrested for or in cases of Debt or Trespass by his Body in respect of their Dignity and Sufficiency yet in cases of Contempt it seemeth they may be arrested by Capias or Attachment c. 27 A. 8. 22. b. 6 Co. 53 54. 11 H. 415. Replevin Br. 19. 9 Co. 45. or else it seemeth that the party may have the Peace in the Chancery against such Lord or Peer to have a Supplicant to the Sheriff c. F. N. B. 79. VI. Dalt 335. cap. 118. Process But the Justices of Peace are not to grant their Warrants for the Peace or the like against any Nobleman And yet if a Capias or Attachment shall be awarded against a Baron or Peer of the Realm from the Kings Justices at Westminster for a Contempt or in case of Debt or Trespass the Officer without any offence of Law may execute the same c. Distress see Process and Replevin Drapery Cloth Dyers Wooll Logwood I. LAmbert 3. cap. 1. pag. 331. Two such Justices quorum unus Corporation may once every year appoint Overseers for the whole year following of Cloth to be made or sold in any Town not being Corporate and may charge them upon their Oaths to see execution of some parts of the Statute 3 4 Ed. 6. 2 P. I. N. 1 Dalt 42. cap. 14. Officer II. Lamb. 364. If any person commanded by two Justices of Peace to appear to be made an Overseer to see 3 4 Ed. 6. 2 § 12. N. 1. kept do without reasonable excuse refuse to come and to take upon him that Office he is to forfeit for every such refusal 40. s. and thereof those Justices are appointed to have the one half Collusion III. Lamb. 461 462. Inquiry at Sessions on 3 4 Ed. 6. 2 § 1. N. 1. If any Clothier have not set
Pluries and an Attachment against the Sheriff if he doth not do his Office Oath II. F. N. B. 79. H. But by the Ancient Course of Law he must swear upon a Book before he can have this Writ and this before any Master of the Chancery but now they use to prosecute such Writs by their Friends who will Sue for them without making any Oath and this is ill done because they are many times sued for vexation more then for any good Cause and the Justices of B. R. will not grant any Writ for Surety of the Peace without making an Oath that he is in fear of bodily harm Nor the Justices of the Peace ought not to Grant any Warrant to cause a man to find Surety of the Peace at the request of any Person unless the Party who requireth it will make an Oath that he requireth it for safety of his Body and not for malice c. Lamb. 83. 84. Infrà 21. III. F. N. B. 80. C. But it is a Common opinion that the Surety that the Sheriff shall take of the Party that shall find Surety for the Peace must be taken by obligation that is to say to oblige the Party and his Sureties by Obligation that he keep the Peace and that he shall not Burn the Houses c. Supplicavit IV. F. N. B. 80. C. But now since the Statute 1 Ed. 3. 16. § N. that wills that certain Persons shall be assigned in the Chancery as for keeping of the Peace there are other Forms of Writs made for the ease of the People who would have Surety of the Peace of any Persons which Writs Issue out of the Chancery and some are directed to the Justices of Peace and to the Sheriff and some are directed to the Sheriff only and these Writs are in such Forms as this Rex dilectis fidelibus suis J. c. sociis suis Justiciariis nostris ad pacem nostram in Com' S. Conservand ' Assignatis salutem Or thus Custodibus pacis nostroe in Comitat ' S. c. vicecom ' ejusdem Comitat ' eorum cuilibet salutem Or thus Vicecom ' S. salutem Supplicavit nobis A. quod cum ipse de vita mutilatione membrorum suorum nec non de Incendio Domorum suarum per E. graviter manifestè Comminatus existat velimus pro securitate ipsius A. in hac parte provideri nos supplication ' predict ' annuentes vobis vel tibi precipimus firmiter injungentes quod predict ' E. coram vobis vel te corporaliter venire faciatis ipsum ad sufficientes manucaptores inveniend ' qui eum manucapere voluerint sub certa Poena sibi per te vel vos rationabiliter imponend ' pro quo nobis respondere voluerint vel volueris Or thus Ipsium E. ad sufficient ' securitat ' inveniend ' sub poena centum librarum ad opus nostrum solvend ' vel quilibet eorum sub poena c. quod ipse Damnum vel malum aliquid eidem A. de Corpore suo vel de domibus suis per hujusmodi Incendium non faciat nec fieri procurabit quovismodo Compellatis vel Compellas si hoc coram vobis vel te facere recusaverit tunc ipsum E. proximo Goal ' nostroe Committatis vel Committas in eadem salvo custodiend ' quousque hoc gratis facere voluerit cum securitatem illam sic receperitis vel ceperis nos inde in Cancellaria nostra sub sigillis vestris vel alicujus vestrum vel sub sigillo suo distincte aperte sine dilatione reddas certiores certificetis vel certifices indilate hoc Breve nobis remittentes vel remittens Registr 89. Dalt 182. Cap. 73. V. Lamb. 2. cap. 11. pag. 75. The Justice of Peace takes security as a minister when the Writ of Supplicavit F.N.B. 80 suprà 4. which in old-time was called Breve de minis as Regist 89. directed out of the Chancery is delivered into his hands for then he is only to direct his Precept to compel the party upon that Writ to find surety for the Peace 21 H. 7. 20 per finence VI. Lamb. 75 76. The form of which Precept or Warrant upon a Supplicavit is thus G. M. One of the Justices of Peace of our Soveraign Lord the King's Majesty within the County of K. to the Sheriff of the said Shire the Constables of the Hundred of W. the Borsholder of the Town of I. and to all and singular the Kings Majesties Bayliffs and other Ministers as well within liberties as without in the said County and to every of them Greeting Know ye That I have received the Commandment of our said Sovereign Lord in these words c. reciting the Supplicavit or the effect of it c. thus Know ye that I have received the Commandment of our said Soveraign Lord to compel A. B. of J. in the said County Yeoman to find sufficient Surety for his Majesties Peace by him to be kept towards C. D. of the said Town of J. Taylor and therefore on the behalf of our said Soveraign Lord I Command and Charge you joyntly and severally that Immediately upon the receit hereof you cause the said A. B. to come before me at my House in I. aforesaid to find sufficient Surety and mainprise for the Peace to be kept towards our said Sovereign Lord and all his Liege-people and especially towards the said C. D. and if he the said A. B. shall refuse thus to do that then you him safely Convey or cause to be safely Conveyed unto the next Goal of his Majesty in the said County there to remain until that he shall willingly do the same So that he may be before the Justices of the Peace of our said Soveraign Lord within the said County at their next General Sessions of the Peace to be holden at M. there to answer to our said Sovereign Lord for his Contempt in this behalf And see that you certifie your doing in the premisses to the said Justices at the said Sessions bringing then thither this Precept with you Given at I. aforesaid under my Seal the day of c. An. c. Dalt 350. cap. 121. VII F. N. B. 81. B. And sometimes the Writ of Supplicavit is made Returnable in Chancery at a certain day and if it be so done Certiorari then if the Justices do not certifie the Writ nor the Recognizance and the Surety that is taken the party who sueth the Writ of Supplicavit shall have a Writ of Certiorari directed to the Justices of Peace to certifie this Writ of Supplicavit and that which they have done thereon and the surety that is found c. and so the party shall have such a Certiorari to the Justices of Peace to certifie the surety taken on a Supplicavit though the writ of Supplicavit were not made Returnable in the Chancery VIII F. N. B. 81. C. And so if a Man
be bound to keep the Peace Versus Cunctum Populum but only towards him that prayeth it lest otherwise it should argue them to be unworthy of such Offices so much more he ought to use good discretion in granting it against his Fellow-Justice lest otherwise he both bring the Office in contempt and himself to reproof by it But I doubt not that one Justice of the Peace if he will may pray surety of the Peace at the hands of his Fellow-Justice against another person and the Recognizance may then be according to the Common Form with Precipuè Versus c. Crumpt 134. b. Dalt 162. 163. cap. 68. XIX Lamb. 81. But some others there be perhaps Dignity with whom he may not well meddle as if a man have Cause to require the Peace against a Lord he for so small a Cause is not to be Arrested as I take it by Warrant from a Justice nor yet by a Supplicavit out of the Chancery but the Lord Chancellour may in such Case grant to the party a Sub-poena against that Lord for the Peace as it seemeth by 35 H. 6. Sub-poena 20. Dalt 335. cap. 118. for such an opinion hath the Law conceived of Peaceable disposition of Noblemen that it hath been thought enough to take one of their promises upon honour that he would not break the Peace against a Man 17 Ed. 4. 4. Contempts Br. 6. 24 Ed. 3. 33. Sub-poena 20. but whether the Lord Chancellour may Award an Attachment upon such a Sub-poena it hath been in our memory made a Question Dyer 315. pl. Exigent ' Br. 72. Crumpt 134 ab 135. Dalt 161. cap. 68. XX. Lamb. 82 83. The Cause for which this Surety of the Peace may be Required or Commanded Dures appeareth in the first Assignavimus of the Commission § 5. in these words Et ad omnes illos qui aliquibus vel alicui de populo nostro de Corporibus suis vel de incendio Domorum suarum minas fecerint ad sufficientem securitatem de pace c. Inveniendam c. Which Mr. Fitzh 8. Construeth thus He that is threatned that he shall be hurt in his Body or that his House or Goods shall be Burnt may demand Surety of the Peace for his safeguard in that behalf but saith the Court 17 Ed. 4. 4. If a man will demand the Peace because he is in fear that another Man will take and imprison him it ought not to be granted and one yieldeth the reason to be because he may have a Writ De homine Replegiando or an Action of False Imprisonment and may thereby recover the Damages of his Imprisonment The same Reason might be made against the demand of the Peace where a Man is Threatned with Battery and yet it is clear that in such a Case the Surety of Peace ought not to be denied him And truly to threaten Imprisonment is within the words Minas de Corporibus no less then Battery it self and like harm may happen by hard Imprisonment cruel Beating It shall be Good therefore to enquire of this matter But I take it somewhat clear that a Justice of the Peace may not by this Commission Award a Precept of the Peace in the behalf of a Man that will require it because he is at variance with his Neighbour or feareth that he will do harm to his Servants or Cattle for in that Case Mr. Fitzherbert helpeth him with an old Writ to the Sheriff as he findeth it in the Register and F. N. B. 80. G. Oath XXI 83 84. The Peace being thus for good Cause required 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 malicious vexation of another but of very fear and for the needful safety of himself and his and Mr. Fitzherbert in F. N. B. 79. H. laboureth to shew that the Justices of the Peace ought not without such an Oath to grant this Surety at the suit of any man forasmuch as not only the Justices 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 adays otherwise used there Crumpt 135 138. Dalt 171. cap. 69. XXII Kilborn's Precedents 233. The Oath of him who craves the Peace against another YOV 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 Or thus YOV 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 Process XXIII Lamb. 84 85. It resteth to shew by what means this Surety may be enjoyned and that is either by word or writing under Seal for a Justice of Peace may by word only Command a Man being in his presence to find Surety of the Peace 9 Ed. 4. 3. For seeing that he is a Judge of Record saith Mr. Fitzherbert 8. his Precept by mouth is stronger then his Precept in writing So if the Peace be demanded against one that is in his presence he may Command the Sheriff or other known Officer or his own Servant if they be then present also to Arrest the party to find his Surety 14 H. 7. 8. and Marrow for it is not so much the Arrest of the Minister as of the Justice himself But if either the Officer Servant or Party be absent then it is requisite to make a Warrant or Precept in writing the form whereof may be thus in English Crumpt 138. b. § 8. Dalt 165. 166. cap. 68. XXIV Lamb. 85 86. The Precept for the Peace Kent ss Ja. by the Grace of God c. To Our Sheriff of K. the Constables of the Hundred of W. c. and to all and singular Our Bayliffs and other Our Ministers in the said County as well within Liberties as without Greeting Forasmuch as A. B. of W. aforesaid Yeoman hath personally come before G. B. of the said Town Esq one of Our Justices of the Peace within the said County and hath taken a Corporal Oath That he is afraid that one C. D. of S. in the said County Yeoman will beat wound maim or kill him or burn his Houses and hath therewithal prayed Surety of the Peace against the said C.D. Therefore we Command and Charge you jointly and severally that immediately upon the receipt hereof you cause the said C. D. to come before the said G. B. or some other of Our said Justices to find sufficient Surety and Mainprise as well for his appearance at the next Quarter Sessions of our Peace
appear gratis to avoid an Attachment of his Body 3 Ed. 4. 16. Jours Br. 2. 16 And this is the Reason it s Entred ipse non venat Dalt 404 405. cap. 132. 3. Jacobus c. Vicecom ' c. salutem Pluries Precipimus tibi sicut pluries tibi Precipimus quod non omittas c. Ad quem diem A. B. Armiger Vicecom ' Comitat ' predict ' Retorn ' quod predict ' C. D. Non est inventus in c. ipse non venit ideo Precept ' est quod Exigi facias c. Dalt 406. cap. 132. Exigint 4. Jacobus c. Vicecom ' c. salutem Precipimus quod Exigi facias C. D. A. in Com. tuo Yeoman quodque secundum legem consuetudinem Regni nostri Angliae Utlagatur si non comparuerit si comparuerit tunc eum Capias Salvo Custodiri facias Ita quod Habeas Corpus ejus Coram Justiciariis Pacis nostrae nec non Justiciarijs nostris ad diversas Felon ' Transgr ' alia Malefacta in eodem Comitatu tuo perpetrat ' audiend ' terminand ' Assignat ' ad Generalem Sessionem Pacis Comitatus tui proximè post Festum Sancti Mich ' Archangeli proximum futur ' tenend ' ubicunque in eodem Comitatu teneri contigerit ad respondendum Nobis de diversis Transgr ' Contempt ' Offensis de quibus ipse Indictus existit habeas ibi tunc hoc breve Teste c. H. apud Staff 8. die Sept. Anno Regni c. Dalt 406. cap. 132. Ad quem diem A. B. Armiger Vicecomes Com. predicti Retorn ' quod ad Com. Staff tentum apud Stafford quinto die Maij Anno Regni Domini Regis nunc secundo hic ad quatuor alios Com. tunc proximè sequent ' Ibidem tent ' predict ' C. D. exactus â—uit non comparuit ideo Utlagatus fuit XXXV Crompt 233 And he must shew the days when the Counties were as it seemeth Process Br. 149. Dayes 2. Note Where the Process Issueth upon an Endictment of Felony then the first Process shall be a Capias and then a Capias alias and then an Exigent and the Entry of the Process shall be ut supra mutatis mutandis 3. Nota That an Entry must be made in the Roll with the Clerk of the Peace which shall be a Warrant of every Process that shall be Awarded as it seemeth And 2 R. 3. 12. it appears that the Writ must be Warranted by the Roll See Dyer 211. 4. And a Man that hath day to appear by the Roll or is to have corporal Penance or is to loose an Inheritance if he doth not come there he shall be received to appear notwithstanding the Writ be not retorned served which see Kell 166 b. pl. 10. H. 7. 11 b. Jours 29. Br. 93. XXXVI Dalt 329. Cap. 117. Recites Crompt 148 Supra Monstr And I once received a Warrant brought me by one Thomas Evans a Pursevant or Messenger of his Majesties Chamber Anno 1607. under the hand of the Right Honourable Thomas Lord Ellesmore Late Lord Chancellor of England for the apprehending of one James Malin for a matter of Contempt and the said Warrant was in general words scil to Answer to such Matters as were to be objected against him without any special Cause therein mentioned infra 2. Also I saw another Warrant 3 Jac. granted under the hand of Popham Chief Justice to bring one Edmonds of Barnwel by Cambridge before him to answer to such Matters as he had to object against him on the Kings Majesties behalf without any special Cause or Matter therein set down Libr. Intr. 83. 3. But it is not safe for a Justice of Peace to grant out his Warrant with a blank for about 30 Eliz. one wrote to Sir J. R. a Justice of Peace to send him a Precept or Warrant with a blank that he mâ—ght put therein one whom he would Attach upon Suspition of Felony and the Justice of Peace did so granting a Warrant with a blank where he neither knew the Parties Name nor the Matter and for this the Justice was fined in the Star-Chamber as Crompt Jurisd 34. Laches XXXVII Dalt 330. cap. 117. Also the Justices of Peace in divers Cases do use to grant their Warrant against a Man for his neglect or other default as for refusing to pay down rates and the like and such Warrant may be either to attach the Offender to be at the next Sessions there to answer c. or else to bring the Offender before the said Justice or any other Justice c. who finding Cause may bind such an Offender to appear at the next Sessions to answer the said default Lambert 187. Supra 2. And wheresoever any Statute doth give Authority to the Justices of Peace to cause another Person to do a thing there it seemeth they have Power given them of congruity to grant their Warrant to bring such Person before them that so they may take Order therein Lambert 512 supra Suggestion XXXVIII Dalt 330. 331. cap. 117 But I find it much controverted 14. H. 8. 16. Peace Br. 6. Commission Br. 3. Crompt 147 b. Lambert 188. 189. supra Whether a Justice of Peace may grant a Warrant to Attach Persons suspected of Felony or against Offenders upon a Penal Statute unless such Persons or Offenders be first thereof Indicted for that the Justice of Peace as he is a Judge of Record so it is said he must have a Record whereupon he doth Award his Process or Precept 2. For the first Some hold that the Justice of Peace may grant his Warrant to Attach Persons suspect of Felony for that it seemeth in the first assignavimus in the Commission § 13. and by 5 Ed. 3. 14. § N. that any one Justice of Peace may cause the Constables to Arrest and imprison Offenders suspect of Felony c. and how shall the Justice of Peace cause this to be done but by his Warrant or Commandment 3. Again If a Felony be done there is no doubt but that every Private Man without a Warrant may Arrest whomsoever he suspecteth of it being a Man of Evil Fame c. but if the Offender being pursued shall resist Quaere who shall be aiding to a Private Man whose Goods are stoln and who suspecteth another to have stoln them either to search for his Goods or to apprehend the Party suspected if the Justice of Peace by his Warrant shall not command the Constable to aid him therein If it be objected that the Constable may do all this of his own Authority upon request to him made by the Party Robbed be it true yet we find by common Experience that the Constables without the Justices Warrant therein are for the most part both very fearful and also remiss herein as neither knowing their own Authority nor the Danger 4. Besides this is no new thing for