Besids this you may see admitted by the opinid of the Court 13. H. 7.10 that if a man do in the night season hauÌ„t a house that is suspeded for Bawdene or do vse suspitious coÌ„pany the may the CoÌ„stable arrest his to find suerties of his good abearing For Bawderie is not méerely a spirituall offence but mixed and but sounding little againste the Peace of the land 27. H. 8.14 Fitz. 1. H. 7.6 And therfore it shal not be amisse at this day in my sleder opinioÌ„ to grant Suertie of the good Abearing against him the is suspected to haue begotte a Bastard child to the end the he may be forth comming when it shall bée borne for other wise there will be no Putatiue father found when that the two Iustices of the Peace shall after the birth by vertue of the statute 18. Eliza. ca. 3. come to take order for his punishmet And for some aduise by the way in coÌ„ceiuing rightly this suspition marke what M. Bracton writeth Oritur suspitio ex fama ex fama suspitione oritur grauis praesuÌ„ptio Fama verò suspitione induces oriri debet apud bonos graues idque noÌ„ semel sed saepius Oritur etiam suspitio ex facto praecedente cui standum est donec probetur coÌ„trarium nam qui semel est malus semper preasumitu ess malus in eodem genere mali But the further that this bond of the good Abearing doth extende the more regarde there ought to be in the awarding of it and therfore although the Iustices of the Peace haue power to grant it eyther by their own Discretion or uppon the complaint of others euen as they may that of the Peace pet I wish rather that they doe not commaunde it but onely upon sufficient cause séene to themselues or upon the sute complaint of diuers and the same very honest and credible persons And here forasmuch as one Iustice of the Peace alone and out of the Sessions may both by the first Clause of the CommissioÌ„ and also by the opinion of M. Fitz. 9. E 4. 3. graunt thys suertie of the good Abearing although the common manner bée that two such Iustices do ioin in that doing whereof also M. Fitz hath very good liking I wil not sticke to set forth here the coÌ„mon formes as wel of the Precept as of the Recognusance for the same wherein if I shalvse the names of two Iustices you muste take that also to be done according to the common fashion not of any necessitie in law For as I woulde more gladly vse the assistance of a fellow Iustice in this behalfe if I may conueniently have it so if that may not be had I woulde not greatly feare when good cause shal require to vndertake the thing my selfe alone The Precept may have this course GEORGE MVLTON and William Laembarde two of the Iustices of the Peace of our Souereigne Ladie the Queenes Maiestie in the Countie of Kent To the Shirife of the said Countie to the Constables of the Hundred of Wroteham and to the Borsholder of the Towne of shipborne in the said Countie and to every of them greeting For as much as A. B. of Shipborne aforesaid is not of good fame not of honest conuersatioÌ„ but an euill doer Riotour Barrettour perturber of the Peace of our said Souereigne Ladie as we are giuen to understande by the reaporte of sundrie credible persons The Precept of the good abearing Any one of these is sufficient cause Therefore on the behalfe of our said Souereigne Ladie we commaund you and every of you that you cause the sayd A. B. to come before vs or some others of our fellowe Iustices to finde sufficient suertie and mainprise for his good abearing towards our said Souereigne Ladie and all her liege people And if he shall refuse so to doe c. as in the Precept of the Peace with a verie litle chaunge The vsuall Recognusance hath this forme MEmorandum quòd 5. die mensis Iuly Anno regni Elizab. c. 23. venit coram nobis Georgio Multon Wilhelmo Lambard caetera vt antea in Recognitione pacis vsque ad hoc Quod idem R. G. personaliter comparebit coram Iusticiarys dictae Dominae Reginae ac Pacem c. ad proximam generalem Sessionem c. The Recognusance of the good Abearing Et quòd ipse interim se bene geret erga Dominam Reginam cunctum pepulum suum praecipué erge I. B. de C. c. Et quod ipse non inferet nec inferri procurabit per se nec per alios damnum aliquod seu grauamen praefato I. B. seu alicuide populo ipsius Dominae Reginae de corporibus suis per insidias insultus seu aliquo alio modo quod in lasionem seu perturbarionem pacis dictae Dominae Reginae cedere valeat quouismodo videlicet vterque praedictorum H. C. I. S. sub poena 100 th Et praedictus R. G. sub poena 200. th quas quidem seperales summas 100. th vterque praedictorum H. C. I. S. vt praedicitur perse ac praedictus R. G. dictas 200. th recognouerunt se debere dictae Dominae Reginae de teris tenementis bonis catallis suis cuiuslibet corum ad opus ipsius dictae Dominae Reginae fieri leuari St contingat preaefatum R. G. in alliquo praemissorum deficere inde legitimo modo conuinci c. Or by a simpel Recognusance with this Condicion Endorced or vnder written COnditio Recognitionis praedictae talis est Quod si praedictus R. G. imposterum se bene geret pacem Dominae Reginae conseruet erga dictam Dominam Reginam et cunctum populum suum et nullum damnum corporale c. Extunc Recognitio praedicta pronullo teneatur alioquin in suo robore permaneat Thaue knowen it doubted whether the Suertie of the good Abearing commaunded vpon complaint may be released by any speciall person or no bicause it séemeth more popular than the Suertie of the Peace Release of the good Abeariâ—â— But if it may as it seemeth all one to me then may the forme of such a Release be easily made by that which is before concerning the Peace vsing the words Securitatem de se bene gerendo in steade of the wordes Securitatem pacis And the like imitation may bée vsed also for a Supersede as of the good Abearing if at the least that be grauntable by Iustices of the Peace I might here without breach of Order prosecute the preseruation of the Peace by the preueÌ„ting of such as be riotouslly assembled by handing the Statute of Northampton which séemeth by plaine speache to be prouided for preuention of the breache of the Peace also But bicause the first shall haue his proper place and the latter is commonly put in vre at this day after the Peace broken by forcible Entrie I will spare
bounde to some parte of hys body Assises of Fewel 7. E. 6. ca. 7. but consider whether a Iustice of Peace maye conuicte him of the saide forfeiture or no for it seemeth by the wordes of the Statute that hée is to be rather a Minister than a Iudge in that case If any person aboue firetéene yéeres of age doe by the space of twelue Moneths forbeare to repaire to some Church Chappell or vsuall place of common Prayer contrarie to the tenor of the Statute 1. Eli. ca. 2. then any one Iustice of Peace of the Countie where such offendor shall dwell or be may make Certificat thereof in writing into the Kings Bench to the ende that the offendor maye there vppon bée bounde in 200 lb at the leaft with sufficient suerties to the good behauiour for that this so loÌ„g obstinacie besides the other penalties 23. Repayre to the Church Eliz. cap. 1. Euerie Iustice of Peace maye eramine offences against the Statute made for preseruation of Phesants and Patriches against hauking in Corne if the same offences bée not before lawsully hearde or determined otherwise and may take bond of the offendor with good suerties for his apparaÌ„ce af the nerf general Seisions of the Peace to aumswere to the saide offence and to pay the penaltie or receiue the punishmet due therfore and may also after conuiction and punisment of suche offender in taking or killing PhesaÌ„ts or Patriches take like bosd of him suerties that for the space of two yeares he shall not offende against the saide Statute Phesants Patriches 23. El. ca. 10. If séemeth that one Iustice of the Peace may vpon complaint of the partie gréeued eramine the Shirife Vndershirife and Plaintife concerning the taking or entering of plaintes in their Conntie Courtes bookes against the Statute And if he finde therby any fault or offence committed that shall stande for a sufficiente conuiction and attainder without any further enquirie or examina mination So may be also eramine the Bailic of the Hundred for not warning of the Defendant in such a plaint according to his precept from the shirife or Vndershinte and if thereby he finde a default and offence that also shall stand for a sufficient condemnation Plaints in the Countie Courts And the saide Iustice must Certific those eraminations within a quarter of a yeare into the Eschequer And further the Custos Rotulorum or the Elbeft of the Quorum in his absece ought at the General Sessrions after S. Michael appoint two Iuslices of the Peace the one being of the Quorun to haue the ouer fighte and controlement of the said Shirifes c. and of the amercemets And that one of those Iustices may examine and without further enquirie conuict the gatherers of the same if they gather any more money than is contained in their lawfull Esfreites 11. H. 7. ca. 15. The Cerificate of one Iustice of Peace ioyned with the Customer of the place of the vnlading and felling of Corne Graine or Cattell carried by Water from one place to an other of thys kealme vnto the Customer and Controller of the place where the same was imbarked is sufficiente and ynough vppon the Statute of forestalling Certificar of selling Corne. 5. Edward 6. cap. 14 13. Eliz. cap. 25. One Iustice of peace maye take out of Sanctuarie certayne abiured persons thither and others being indited of some kind of offences mentioned in the Statute done after they become Sanctuarie men maye commit them to the Gaole in the Countis where the inditement is founde til they bée tried Sanctuarie persâ—â— 22. H. 8. ca. 14. Euerie person finding or seacute eing anye to offende the Statutes made againste the shooting in Crossebowes and Handgunnes maye arreste and bring or conuey him to the next Iustice of the Peace of the Countie wherein be was founde offend who vpon due examination and proofe thereof béefore him made may by his difscreation commit him to the Gaole there to remane tpll be shall truely pay the one moitie of the for feyture of this Statute to the Quéene and the other moitie to such 〈◊〉 bringer or coÌ„ueyer Crosfebowes and handguns 33. H. 8. cap. 6. Here therfore thys Iustrce of Peace hauing as it séemeth the whole matter committed to hym selfe in thys case is to bée verye circumspecte therein leaste hée too hastelye conbemne the guiltlesse or negtigentlyâ— suffer the offendor to escape for vpon the offence sufficiently proued it is necessarie that in his Mittimus or precept to the Gaoler there be contained the names of al the parties the offence and how long hée is to bée helde in prison And further he is to make a Record of this matter and send the Estreit thereof into the Eschequer wherby the Barons may haue intelligence of the same to haue the Quéenes dutie leuied to hir vse The forme of this Mittimus may bée easely drawne by some other Precedents in thys Booke Euerie person other than such as are auctorifed by value of 100. th in landes ought if he bée auctorised to shoote and do inhabite in the Countrey present his name to the next Iustice of Peace adioyning And there vpon the Iustice ought to present and recorde the same before the Iustices of the Peace at the next quarter Sessions 2 E. 6. ca. 14 But learn of others whether this matter is to haue cotinuaunce still or else did onely extended to suche persons as had licence at that time The Superuisors for amendement of the highwayes ought within one moneth after any offence done by any againste the Actes 2. 3. Ph. Ma. ca. 8 5. Eli. ca. 13. present that offence to the next Iustice of the Peace And there vpon he ought to certifie the same at the next Generall Sessions within the same Countie Highwaies 5. El. ca. 13. Euerie Iustice of Peace as it séemeth within the Shires next adioyning to the riuer of Thamis within their seuerall iurisdiction hath power vpon complaint made vnto him by the Duerséers and Rulers of the Whirrymen and Waterme or two of the or the maisters of any such seruaunts both to examine heare and determine all offences committed against the Statute and to set at large him that shall bée imprisoned by the ouerséers rulers if there bée iufte cause and also by his discreation to punishe the ouerséers and Rulers that shall vniustlye punishe anye person Thamis 2. 3. Phi. Mar. cap. 16. Euerie Iustice of Pease before whom any person arrested for Manflaughter or Felome or suspition thereof shall bée brought ought before he committe him to prison to take the examination of such prisoner and the information of those that bring him and to put the same or so much thereof as shall bée materiall to proue the Felonie in writing within two dayes after and to take Bonde of all such as doe declare any thyng material to proue the offence to appeare at the
ca. 1. Masse If anye person haue saide or soong Hasse or haue willinglye hearde Hasse 23. Elizab. cap. 1. If any person haue bsed or put in bre anye Bull Writing or Instrument of absolution or reconciliation or of other sorte gotten from the Bishoppe of Rome or Sée of Rome or from any person clayming auctoritie from the same Or haue by colour of any suche taken upon him to absolue or reconcile any person or haue published any suche Bull or instrument Bull Agnus Dei â—â—c Treason Or if any person haue aided comforted or maintained any such offendor to the entente to vpholde suche offence If anye person to inhome suche Bull or Instrument hath bene offered or persuaded haue not Within fire Wéekes nexte after signifyed the same to some of the Quéenes priuie Counsell or to the Lorde Presidence of the Northe or of Wales Misprision of Treason If anye person haue brought hither from the Bishoppe or Sée of Rome or from anye person auctorized or clayming to be auctorized by anye of them any Agnus Dei crosses pictures beads graines or such like superstitious things and haue the same delyuered or caused or offered to bée deliuered to any the Quéenes subiects to bse or weare in any wise and if anye person hame to such intent receiued or taken the same and haue not apprehended the offerer thereof nor within thrée dayes after disclosed him to the Ordinarie or to some Iustice of the Peace nor within one days deliuered the thing to some Iustice of the Peace Premurire 13. Eli. ca. 2 23. Eliz cap 1. If any person haue vsed Inuocation or Conturation of euill spirites for any cause or haue bsed Witchcraft Inchauntmente Charming or Sorcerie where by anye person is killed or destroyed 5. Elizabeth ca. 16. Folorie ConiuratioÌ„ If anye person haue within these fire monethes aduisedlye aduaunced published and set foorth by writing printing open speach or déed to any other person any fantasticall or false prophesie vppon armes fieldes beasts or hadges or vpon any time name bloudshed or warre to the intent to make thereby rebellion dissention losse of life or other disturbance within the Quéenes dominions Prophecying 5. E. ca. 15. If person haue by setting of figure casting of Natiuitie or by Calculation Prophecie Witchcrafte Coniuration or other vnlawful meanes whatsoeuer sought to know haue set forth by expresse words déede or writing how long hir Maiestie shall liue or who shall reigne after hir decease Or els haue aduisedly and with a malitious intent against hir Maiestie vttered any direct prophecie to such purpose And if any person haue indéede procured or abetted any suche offenders Felonie Sctfoorih how long the Queene shal liue 23. El. ca. 2. If any person haue vnlawfully procured any other person to commit wilfull and corrupt periurie in any cause depending in sute in any of the Quéenes Courtes of Kccorde or in any Léete Court Baron Hundred or Court of auncient demesne or haue corruptly suborned any witnesse sworne to testifie in perpetuam yet memoriam Or if any haue vpon such procurement or by his owne acte wiltul ly committed such Periurie Periurie 5. El. ca. 9 14. El. ca. 11. If any person haue within these these monethes by contemptuous or reuiling words or haue abuisedly in any other wise depraued despised or reuiled the blessed Sacrament of the bodie and blood of Christ Sacrament 1. E. 6. ca. 1 1. El. ca. 1. If any parson Vicar or Minister haue since the last Assises refused to vse the coÌ„mon prayers or to minister the Sacraments according to the booke of common prayers or wilfully standings in the same haue bsed any other ther forme in open prayers or in administration of the Sacrament or haue spoken any thing in derogation of the sayed booke or any part thereof Seruice and Sacraments Or if any person haue since that tyine in any plate song or ryme or by any open worde or of any thing therein contained Dr haue caused or maintained any Parson Hicar or Minister to say any Common prayer or to minister any Sacrament in other manner than after the sayde booke Or haue interrupted any parson Vicar or Minister to say open Prayer or to administer any Sacrament according to the saide Booke 1. Elizab. cap. 2. 23. Elizab. cap. 1. If any person being aboue the age of rvi yeares and not hauing lawfull and reasonable crcuse to bée absent haue not repaired and reforted to his or hir parishe Churche or Chappell accustmed or vppon let thereof to some vsuall place where Common prayer shall be vsed upon euerie Sonday and other holyday and haue not there orderly and soberly abiden during the time of such Common praier preaching or other seruise of God and how long such person hath not so repaired and resorted Repaire to Church 1. Eliz. ca. 2 23. Eliz. ca. 1. If any person haue kept or maintained any Schoolemaister which resorteth not to the church or is not allowed by the Bishop or Ordinaric of the Diocese Schoolemaister 23. Elizab. ca. 1. If any person haue malitiously striken any other with any weapen in any Church or Churchyard or drawen any weapen there to that intent Fighting in Church or Churchyard 5. E. 6. ca. 4. If any person haue kept Faire or Market in the Churchyard Faire or Market in Church yard Felonie Robbe church or Chappell Stat. Winton 12. E. 1. If any person haue feloniously taken goods out of any Church or Chappell Lay causes If any person haue counterfaited the Quéenes money or haue brought false money into the Hcalme couÌ„terfait like the money of England knowing the same to be false to make marchandize or paiment there withall Treason Money 3. H. 5. ca. 7 25. E. 3. ca. 2 Felonies in lay causes If any Seruant haue killed his or hir Master or Mistresse or any Wife hir Husband or any Gcclesiasticall person his prelate Petite Treason Seruát Ma. Husband and Wife Clerke and prelate 25. E. 3. ca. 2. If and person have of pxepensed malice killed or murbered an other openly or pxiuily whether he that mas killed were an Gnglishman or a Stranger liuing under the protection of the Quéen Murder If any haue wilfully killed any other by poysoning and into bée his aiders abetters procurers and counsellors Poysoining murder â— E.ó. ca. 12. If any person have by chaunce medley feloniously killed an other Manslaughter If any person of malice prepensed cut out the tounge or put out the eyes of any of the Quéenes Subieas Cut out toungue or put out etes 5 H. 4. ca. 5. If any Gaoler kéeper or vnderkéeper of a prison haue by dursse and paine compelled any his pxisoner to become an appeacher of others agaianst his will Gaoler handeling streightly his prisoner 14. E. 3. ca. 10. If any person have commited the detestable vice of Buggerie