rate These are therefore to authorize and require you in case it be so that no distress be now to be found or had and that they do still refuse to pay the same rate that you do apprehend the said To commit to prison for lack of distress persons and them do convey to the common Gaol in the Castle of Glouc. there to remain without Bail or Main-prize till they pay all the same money taxed and the arrears thereof from them due respectively Dated c. I. S. 10 s. W. S. 5 s. c. This Warrant we think to be scarce warrantable by Law and shall not advise any Justice to make it without good advice But if he will adventure let him be sure that the thing is true that he doth refuse and there is no distress To the Churchwardens and Overseers of the Poor of the Parish of Dale in the County of Gloucest 7 Glouc. ss W S. c. Information being given and complaint being made to us that I C. and L M. of your Parish the late Churchwardens and Overseers of the Poor of the said Parish did at the end of their year make and yield up to the Justices of the Peace of the County an account of the sums of money by them received and paid To distrain for arrears of accounts in the Officers hands And that it appeared by the same account that there was ten pounds in money in the hands of the said Church-wardens and Overseers the which they have not paid and delivered over unto the Overseers and Churchwardens newly nominated and appointed for this year contrary to the Statute in that case provided These are therefore to authorize c. that you levie the same of the goods of the said I C. and L M. and in case no distress can be had that then c. as in the last changing that which is to be changed leaving out respectively every where Dated c. 8 Glouc. ss To compel the Over-seets to accompt W S. c. For as much as A B. and C D. of the Parish of E. the late Churchwardens of the same Parish and F G. and H I. the late Overseers of the Poor of the same Parish have been duly required to come before us and bring in an account of their receipts and disbursements in the time of their Office according to the Statute in that case provided and they refuse so to do These are to authorize and require you to apprehend all the said late Churchwardens and Overseers of the Poor and them to convey to the common Gaol within the Castle of Gloucester there to abide without Bail or Mainprise until they have made a true account and paid to the present Overseers and Churchwardens all the money that upon their account shall appear to be remaining in their hands And hereof c. Observations upon this Warrant I shall not assure you that this Warrant iâ— legally to be granted by the Justices or may be safely executed by the subordinate Officers for the Statute doth not direct how the Offenders shall be convicted However if the Justices grant such a Warrant as this or that before for lack of distress they must be sure they do it upon a sure ground to wit that the thing be true they do go upon viz. That they do refuse to accompt or that there doth want distress c. Otherwise it is dangerous To the High Constable of the Hundred of W. 9 Glouc. ss To call in the old Overseers of the Poor and to name new ones W S. c. These are to authorize and require you to send your Warrants to all the Petit Constables and Tythingmen of your Hundred to give notice to all the Churchwardens and Overseers of the Poor of their several Parishes respectively that they or some of them be at the house of c. day and place with a true and perfect account in writing of all the sums of money by them received or rated and sessed and not received as also of such stock as is in their hands or in the hands of any setters of the Poor to work and of all other things concerning their Office and the same first examined and allowed by some of the most substantial persons of their Parishes under their hands And also that they do then and there give us in writing the names and sirnames of three or four of the most substantial inhabitants in their several Parishes that we may chuse some of them to be Overseers for the Poor of each several Parish for the next year And hereof c. To the Churchwardens and Overseers of the Poor of the Parish of G. 10 Glou. ss To levie 20â— for their neglect in their Office W S. c. Complaint being made to us against I H. one of the Overseers of the Poor of the Parish of Dale in this County for this year that he hath not met with the rest of the Officers there monethly in the Church on the Sunday according to the Act of Parliament in that case provided whereby he hath forfeit 20 s. These are therefore to require and authorize you to levie the same twenty shillings of him by way of distress and sale of his goods rendring to him the overplus And the same money so received that you â—mploy to the use of the Poor of your Parish Given under our Hands c. Observations upon this Warrant This Warrant is commonly made but I cannot tell how warrantably for there is no way of conviction set down in the Statute for this offence and then I take it it must be by indictment and can be no way else But let him that grants this Warrant be sure that the cause thereof be true and let him be well advised that the Warrant be good 2. The same Law will be if they do not accept the Office set their Poor on work make rates to raise money and place poor children Apprentices and the like Such a Warrant must be if any be But I conceive its safe to do it by way of Indictment and being convicted upon a traverse then two Justices may send their Warrant to levie the twenty shillings according to the Statute To the High Constable of the Hundred of W. and to all the Churchwardens and Overseers of the Poor of all the Parishes within the same Hundred 11 Glou. ss To bind poor children Apprentices These are to require you to send your Warrants and give notice to all the Churchwardens and Overseers of all the Parishes within your Hundred that they are to be and appear before us some of the Justices of the Peace of this County upon Monday next the day c. at the house c. with a Note in writing of the names of all such poor people within their Parishes respectively as are overburthened with Children so that they are not able to keep their children by their labour and what children they
by the Law he ought to have done whereby he hath forfeited ten shillings to the use of the Poor of the said Parish or to the use of the Bridewel of the County at our election These are therefore to require you to levie the same ten shillings of the goods of the said I S. by distress and sale thereof and to pay over the same money so by you levied to the Overseers of the Poor of the said Parish of Dale to be imployed to the use of the Poor there And hereof c. Given under our Hands and Seals c. To the High Constable of the Hundred of W. in the County of G. 5 Glouc. ss So â—s this W S. c. It being duly proved before us against I S. the Constable of Dale that he hath been negligent in his Office in the correction and convey of Rogues and Vagrants and that upon the first day of May last past one I S. a vagrant idle person being taken begging in Dale aforesaid and brought and offered to him to be punished he did not correct and pass him as by Law he ought to have done but did willingly suffer him to escape unpunished whereby he hath forfeited c. as in the last to the use as in the last to the end Given under our Hands and Seals To the High Constable c. as in the last 6 Glouc. ss Either of these are sufficient This is grounded on 39 Eliz. 4. W S. c. It being duly proved before us against I S. Constable of Dale that he hath been negligent in his Office in the correction and punishment of Rogues and Vagrants And that the first day of May now last past he sent one W K. a Rogue to be conveyed to the place of his birth by a general and illegal Pass or that one I K. a Rogue being passed according to the Law and tendred to him he did willingly refuse to receive him and did suffer him to escape or shift him away or did not pass him to the next Parish according to the Statute in that case provided by which he hath forfeited five pounds to the use of c. as in the last These are as in the last and to bind him to the good Behaviour Given under our Hands and Seals c. 5 Glouc. ss The like may be made against the Church-wardens and Overseers of the Poor for refusing to take one duly sent unto them thus That whereas one I W. a poor person was by a Sessions order sent to be setled in your Town and received there by the Churchwardens and Overseers of the Poor there I S. c. being then Overseers and tendred to them accordingly they wilfully refused To the Constables of Dale in the County of G. 6 Glouc. ss Upon 1 Jac. 7. It being duly proved before us that I S. of your Parish the first day of May now last past did entertain an unknown person a vagrant begging person at his doors and did not bring him to the Constable of the Parish as he ought to have done but gave him an Alms by which he hath forfeited ten shillings to the use of c. as in the last Given under our Hands and Seals To the Constable of Dale in the c. 7 Glouc. ss Upon 1 Jac. 7. It being duly proved before us against I S. of your Parish that one K L. a vagrant Rogue being apprehended corrected and duly sent to your Parish and delivered to the said F B. the Constable of the said Parish the said I S. did rescue and shift him out of the Constables hands whereby he escaped by which the said I S. hath forfeited c. as in the last Given under our Hands and Seals To the Constables of Dale 8 Glou. ss It being proved before us against I S. of your Parish and M. his Wife that they being able to work do threaten to run away out of the Parish and leave their Family to the Parish These are therefore to require you that unless they shall forthwith put in sufficient Sureties for the discharge of your Parish that you do forthwith apprehend the said I S. and M. his Wife and them to carry to the common Bridewel of the County in G. there to be dealt with and detained as sturdy and wandring Rogues until they shall be discharged by order of Law c. Given under our Hands and Seals All these eight Warrants but the fifth must be made by two of the Justices of the Peace and one of the Quorum and under their Hands and Seals 9 Glou. ss W S. c. To the Constables of Dale I S. of your Parish having left his Family on the Parish and being run away from them and being by you brought before me for an incorrigible rogue These are to require you to keep him safe till by order of two Justices of the Peace he shall be delivered Upon 7 Jac. 4. I am not satisfied in the safe granting of this Warrant because there is no way of conviction of the offence set down in the Statute on which it is grounded But for an incorrigible Rogue taken and brought before a Justice of Peace by a Constable in this case I take it warrantable Thus. 10 Glou. ss W S. and T S. c. To the Constable of Dale Forasmuch as I S. of your Parish being brought by you before me for an incorrigible Rogue was by me committed to you to be secured till by order of two Justices of Peace you were delivered of him These are now to require you him to convey to the common Bridewel and there to deliver him to c. there to remain till the next Quarter Sessions and till he shall be delivered by order of Law Given under our Hands and Seals Observations upon these Warrants In case where any are brought as Rogues or incorrigible Rogues to a Justice of Peace by an Officer as such as will not work or run from their Famâ—lies or have a Bastard Child like to charge the Parish or the like In these cases it seems the Justice may send them to Bridewel or to Gaol as the Law is There be noâ—â—ays of conviction set down by these Statutes for the Constable doth first apprehend and he must see that he have good cause to do it But I should choose rather to put them to find Sureties for their good Behaviour and send them to Gaol upon this account 11 Glou. ss It having been duly proved before me that I S. late of c. being an idle wandring person hath counterfeited a false Testimonial under the name of W S. supposing him to be a Souldier landed at Dover and that he was allowed to travel to the place of his birth c. whereas in truth he never was a Souldier neither did he land at Dover nor was he allowed to travel c. These are c. to bind him to the good Behaviour Or
S. Esquire c. to the Constable of Dale Whereas c. 6. The Warrant may be directed to any Officer as the Sheriff his Bayliffs Constables Tything-men or to others that are no Officers thus To the Sheriff of the County of G. or to the Bayliff Itinerant of the County of G. or to the Bayliff of the hundred of R. or to the Constable of the hundred of R. in the County of G. or to the Constable of the Town or Village of Dale or to the Tything-man of Dale as the Officer there is called if it can be known Otherwise the best way is to direct it to all the Constables and Tything-men of Dale within the County of G. and every of them Or it may be directed to all these Officers together to the Sheriff and to all Bayliffs High-constables of Hundreds and Constables and Tything-men of Towns and Parishes within the County of G. and every of them jointly and severally Or it may be directed to these Officers and to others that are no Officers together Or to them that are no Officers alone thus To I S. and W S. both of Dale in the County of Glouc. and to either of them But this must be understood of Warrants of the Peace good Behaviour and such like Warrants wherein the Justice of the Peace is left at liberty to direct his Warrant to whom he will For if the Law doth direct him to whom he must send his Warrant as divers Acts of Parliament do some of them appointing him to direct his Warrant to the Constables some to the Constables and Churchwardens some to the Churchwardens some to the Constables or Churchwardens some to the Churchwardens and Overseers of the Poor He in these cases that makes the Warrant must take great care that he do pursue the direction of the Statute punctually for it is dangerous to vary from it ever so little And therefore the Title set down in the Presidents for the Warrants must be followed and not altered And when the Title of direction is to more then one there it is good to add these words And to every of them and to say in the body of the Warrant These are to authorize and require you and every of you But the best way is to direct it to the common and known Officer which is the High-Constable of the Hundred or Constable of the Town in all cases where it is left to the Justice of Peace to direct it to whom he please 7. The word greeting To I S. c. Greeting used in Warrants may be left out so may these words of Addition To the Justices of our Lord the King assigned to keep the Peace and to hear and determine Felonies c. and it is enough to say Justices of the Peace of or within the County of Gloucester 8. It is not amiss to say the place wherein the Officer dwels to whom the Warrant is directed is within the County To the Constable of Dale within the County of Gloucester And so of other places named within the Warrant to say they are within the same County 9. It is not amiss if the Warrant recite a Conviction of an offence to let it express where the offence was done thus I S. being convict before me that he was drunk at Dale in this County because in many cases the forfeiture is given to the poor of the place where the offence is done 10. It is good also now to express the time when the offence was committed thus I S. being duly convict before me that he was drunk at Dale in this County the first day of May last or within three moneths last past or since the first of May last past that it may appear the offence was done since the general Pardon and in some cases this is if not necessary yet very convenient when the offence is by the Law to be punished within a certain time or not at all there it is good to say that the offence was done within that time 11. It is good also to express the place of the making of the Warrant and it must be some place within the County thus Dated at Dale given under my Hand and Seal at Dale in the same County But if it say it was dated at one place and be dated at another place yet the Warrant is good and it shall be taken to be dated where the Warrant doth say it was dated 12. The day and year also being the time of the making of the same Warrant must be expressed in the Warrant 13. The Warrant being a Warrant of Arrest may be to require the Officer to bring the offender before the Justice that makes the Warrant or before him or some other Justice of the County and either of these forms is good but the best form is to require the Officer to bring him before the Justice of Peace himself that made the Warrant 14. In every Warrant for the Peace or good Behaviour where Sureties are to be found or required the Warrant ought to contain the special cause or matter to the intent that the party arrested may be provided with Sureties But if it be for some great crime the cause may be concealed 15. In every Warrant to command an Officer to carry a man to Goal it is not amiss to insert a clause at the end of the Warrant to command the Gaoler to receive him to this purpose That you him convey to the common Gaol of this County and him deliver to the Gaoler or his Deputy there who are hereby required him to receive and detain in their custody as a Prisoner until he shall be from thence delivered by a due course of Law 16. There is a necessity in it that the Justice of Peace do subscribe his name to his Warrant But that he should put to his Seal in every case is not needfull for in a Warrant of the Peace or good Behaviour it is not needfull nor where an Act of Parliament saith That the Justice by Warrant or by Warrant under his hand may do such a thing But if the Law say He may or shall do it by Warrant under his Hand and Seal there the Warrant must be under his Hand and Seal or it is not good And therefore heed must be given to our Presidents herein where we say Given under our Hands and Seals and in those cases the Justice must put his Hand and Seal to the Warrant or it is not well done And for this cause we do advise the Justice to put his Seal to every Warrant 17. There is little difference between a Warrant of Commitment and a Mittimus for both are to do one thing and they differ a little onely in the form It will be easie therefore to make one of them by the other 18. It is usual to grant Warrants against offenders upon penal Laws to bind them over to Sessions before they be indicted of the offence in cases where there is no special
incontinency or common harbourers and entertainers of Whores Rogues or Thieves or common Robbers of Orchards or have sold Ale or Beer without License and contrary to the command of the Justices of the Peace or are idle persons wandring up and down fare well and spend much in Ale-houses and having no known and visiblâ— estate to maintain it or that I S. hath begotteâ— a bastard child on the body of the said M. anâ— that the same is like to be chargeable to the Parish of Dale or that he had his hand in the sending away of L M. the reputed Father of a bastard child there left to the charge of your Parish These are therefore to authorize and require yoâ— and every one of you forthwith to cause to come and in case of refusal to apprehend and arrest the said I S. and M. and them to bring before me or some other Justice of the Peace of this County â—â— the end that they may find sufficient Sureties fâ—â— their appearance at the next General Sessions of the Peace to be held for the County of Gloucest and in the mean time to be of good behaviour towards our Lord the King and all the People of this Commonwealth And if they shall refuse â—â— do the same that then you carry c. as in the last to the end And hereof c. 3 Glouc. ss Another of the same W S. c. To c. These are to require you that immediately upon sight hereof you cause to come or bring before me I S. of c. to answeâ— to such matters as on the behalf of the Kings Majesty shall be objected against him by the complaint of M M. And also that you require him tâ— bring Sureties with him for his good appearing tilâ— the next General Sessions of the Peace to be held for the County of Glouc. And hereof c. 4 Glouc. ss For the reputed father of a bastard child W S. Esquire c. To the Constable of c. Whereas it is proved before me that M S. of c. single woman is with child of a bastard child and that I S. is the reputed Father of it These arâ— therefore to authorize and require you and everâ— of you that presently upon the receipt hereof yoâ— cause to come or bring the said I S. and M S. before me or some other Justice of Peace of this County to find sufficient Sureties as well for their appearance c. as in the last And hereof c. 5 Glouc. ss Against one indicted W S. c. To c. It appearing to me by the Records of the Sessions of the Peace for this County that I S. of your Parish of D. stands indicted there for selling Ale and Beer contrary to the command of the Justices of the Peace And that he hath not as yet appeared nor pleaded to the same indictment and that the same is still depending and in force against the said I S. These are therefore as in the last And hereof c. And thus may any Justice of Peace do upon any Indictment for such an offence as for which a man doth deserve to be bound to the good Behaviour as for Incontinency common Swearing common Drunkenness and the like 6 Glouc. ss Another very short for the good Behaviour W S. c. To c. I S. of your Parish of D. being duly convicted before me of such matter of misbehaviour as for which he ought to be bound with Sureties for his good behaviour These are therefore c. as in the rest This last Warrant may serve in any case or for any cause whatsoever for which a man is to be bound to the good Behaviour unless it be where the offender is to be bound for a limited time onely And then the Warrant may say I S. being convict before me of such an offence for which he is to be bound to the good Behaviour seven years These are c. as in the rest but say To the end he may be bound with Sureties c. for seven years c. And hereof c. A Warrant for the Peace upon a Supplicavit G M. one of the Justices of the Peace of our Soveraign Lord the Kings Majesty within the County of L. To the Sheriff of the said County the Constables of the Hundred of W. the Borsholdeâ— of the Town of M. and to all and singular the Kings Majesties Bailiffs 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 ouâ— said Soveraign Lord in these words reciting the whole Writ of Supplicavit which many times differs in form because it is sometimes directed to all the Justices of Peace sometimes to them and the Sheriff and sometimes to one Justice alone or reciting onely the effect of the Supplicavit thus Know ye that I have received the Commandment of our said Soveraign Lord to compel A P of M. in the said County Yeoman to finde sufficient Surety for his Majesties Peace by him to be kept towards C D. of the said Town of M. Tailâ—r And therefore on the behalf of our said Soveraigâ— Lord I command and charge you joyntly and severally that immediately upon the receipt hereof you cause the said A B. to come before me aâ— M. aforesaid to find sufficient Surety and Mainprize for the Peace to be kept towards our said Soveraign 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 conveyeâ— to the next Gaol 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 the next General Sessions of the Peace to be holden at N. there to answer to our said Soveraign 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 with you this Precept Given at M. aforesaid under my Seal c. The Return upon the back of the Supplicavit may be thus The Execution of this Writ appeareth in a certain Schedule to the same Writ annexed Then may that Schedule be thus I G M. one of the Keepers of the Peace of our Lord the King in the County of L. certifie into the Chancery of our said Lord the King That by vertue of that Writ unto me by C D. in the same Writ named being first delivered personally before me such a day and year have caused to come A B. in the said Writ named and the same A. have compelled to find sufficient Surety and Manucaptors for the Peace according to the form of the said Writ In testimony whereof to this my present Certificate I have set
of I K. of your Parish or robbed his Orchard of Apples or cut his Hedges Pales or Fences or digged and pulled up his Fruit-trees or cut and spoiled his Trees and standing wood in Dale aforesaid to the value of ten shillings and that I B. of your said Town Butcher hath procured and abetted him so to do and received from him and bought of him divers of the same things to the great damage of the said I K. contrary to the Act of Parliament in that case provided I do therefore hereby require and order that the said I S. This is grounded upon 43 Eliz. chap. 4. shall within eight days after notice to him given of this Order pay to the said I K. ten shillings and that the said I B. do within three days after notice to him given of this Order pay to the said I K. twenty shillings in recompence to him for his wrongs aforesaid And that these payments be made in the presence of the said Constable hereby commanded upon request to see it done And hereof you are forthwith to give them notice and if either of them shall not pay the same that then you give me notice thereof to the end that they may be whipped according to the Statute in that case provided And hereof c. Dated at D. c. We think it not safe to give a Warrant to the Constable for non-payment to whip for how shall the Constable take conusance of it or the offender be convicted of it But rather let the Justice give his Warrant at first to whip him after this manner 3 Glouc. ss W S. c. as in the last to those words in that case provided Wherefore the premises considered and that I judge the said offenders I S. and I B. unable to make satisfaction for the said wrong I do hereby order that they be forthwith committed to you the said Constable of Dale to be whipped the which you are hereby required forthwith to do at your peril Given at L. in the said County under c. The Officer is here to be punished by imprisonment for his neglect if he do it not But how he shall be convicted of the offence out of a Sessions and by Indictment we know not any way and therefore offer no Presidents of Warrants for this 4 Glouc. ss For unlawfull weights and measures W S. Esquire c. To the Churchwardens and Overseers of the Poor within the Parish of D. in the County of G. and to every of them I S. of your Parish of D. being lawfully convicted before me for selling by unlawfull weights or unlawfull measures and that he the first day of May last at Dale aforesaid sold a pound of Currants Either of them wâ—ll serve by a pound weight or for selling a yard of Holland by a yard not being according to the Standard of the Exchequer contrary to the Act Grounded upon 16 Car. 19. of Parliament in that case provided whereby he hath forfeited to the use of the Poor of your Parish five shilling to be levied by the Churchwardens and Overseers of the Poor The Church-wardens and Overseers are to do it without Warrant These are therefore to give you notice hereof and that you and every of you are by your Office forthwith to levie the same five shillings of the goods of the said I S. by distress and sale thereof rendring to him the overplus And in case you do receive the same money that you do imploy it to the use of your Poor and give account thereof in the end of your year accordingly And hereof c. Another Either of them is sufficient W S. c. To c. I S. c. being lawfully convicted before me that he such a time and place did keep in his house or shop a pound weight whereby he did usually buy and sell or for keeping a yard-measure whereby he did usually buy and sell the same not being according to the Standard of the Exchequer c. We know no other Warrant touching this matter to be made by the Justices of the Peace out of their Sessions of the Peace For shooting in Guns If any man desire to put the Laws in execution against any man for shooting in a Gun he may see the form of the Warrant and course of proceeding in Daltons Just of Peace Chap. 126. CHAP. XX. Of Recognisances and Bail and Mainprise 1. Recognisance what it is A Recognisance is a Bond of Record testifying that the Recognisor doth owe a certain sum of money to our Soveraign Lord the King with Condition that the Recognisor shall do some other thing for the which he is bound in that sum in the nature of a penalty Wherein these things are to be known 1. Justices of the Peace do take Recognisances for the Peace good Behaviour to bind men to appear at the Assizes at the Sessions and for many other causes And for this any one Justice may do it But to Bail a Prisoner for Felony take a Recognisance of an Ale-house-keeper and de some other things there must be two Justices to do it and one alone cannot do it 2. What sum the parties shall be bound in or what Sureties the Recognisor shall have to be bound with him it is left to the discretion of the Justice or Justices that doth take the Recognisance in cases where the Law doth not set down the certainty as in some cases it doth and there they must not vary from what is prescribed in the persons bound sum or manner of the Recognisance But for the Peace and good Behaviour appearance at the Assizes and Sessions to give Evidence and the like the Justice may bind with what Sureties and in what sums he pleaseth 3. It is said that Justices of Peace cannot bind over an offender against a penal Law within their conusance not within the Commission of the Peace nor committed to the power of any Justice of Peace except it be in a special case where the Law it self doth enable them to do it 4. All such Recognisances must be made to our Soveraign Lord the King himself and to none other and in his own name 5. The Justice of Peace need nâ—t affix his Seal to the Recognisance but he must put his Name to it and then it is good enough Of Bail and Mainprise Bailment what it is BAilment or Mainprise which is one kind of Recognisance is the saving or delivering of a man out of prison before that he hath satisfied the Law by taking Surety of him that he shall appear and do it Wherein these things are to be known 1. The Justice of Peace must not bail one that is not bailable by Law And on the other side he must bail him that is bailable by Law or he may be punished 2. In case of Felony there must be two Justices of Peace and they two together present with the Felon to bail him 3.
Friday last and the taking of ten shillings from his person which the said A B. and C D. upon their examination confessed Or thus who stand charged before me upon the suspicion of stealing six Oxâ—n being the goods of Sir I E. Knight Or thus Who is charged before me with the suspicion of a certain Felony by him committed as it is said Or otherwise as the case is Commanding you to receive the same A B. and C D. into the said Gaol and them there safely to keep until they shall be from thence delivered by due order and course of Law Hereof fail you not at your peril Given under our Hands and Seales at C. within the said County the day c. A Mittimus for a disturber of a Minister in the Service of God 2 Glouc. ss W S. c. To the Constable of S. I send you herewith I S. of c. whom you are to take into your custody and safely to keep for six days for that he hath maliciously disturbed W S. of K. a Minister in doing the service of God Or thus For that he caused W S. of K. a Minister to be maliciously disturbed in doing the service of God Or thus For that he hath rescued L M. out of the hands of S T. an Officer being by him apprehended for his malicious disturbance of W S. of K. a Minister in doing the service of God W S. and L M. c. To the Keeper of the Gaol c. We send you herewith I S. of c. whom you are to take into your custody and safely to keep in your said Gaol for three moneths and til the next Quarter Sessions for that it hath been proved before us by the Oaths of two Witnesses Or thus by his own confession if the case be so that he hath maliciously disturbed W S. of K. Minister in doing the service of God And hereof c. Observations upon this Warrant It is good to be well advised upon this Commitment for some think the Statute upon which it is grounded is determined A Mittimus for the good Behaviour 3 Glouc. ss W S. c. Whereas C D. hath been for matter of misbehaviour proved before me by me required to find Sureties for his good Behaviour which he hath refused to do These are to require you that presently upon sight hereof you receive him the said C D. herewith sent into your custody and him to keep and not deliver till he shall find sufficient Surety for his good Behavsour and appearance at the next general Sessions to be holden for the said County And hereof c. So for the Peace changing that which is to be changed after this manner 4 Glouc. ss Whereas C D. hath been for good cause by me required to find Sureties for the Peace which he hath refused to do These are c. as in the last till he shall find Sureties for the keeping of the Peace and his appearance c. A Mittimus of the reputed Father of a Bastard-child 5 Glouc. ss W C. c. I send you herewithal the body of I S. of D. in the said County Labourer brought before me this day and charged by F O. of the same Town to have gotten her with childe And for that the said I S. refuseth to put in security for his appearance at the next Quarter Sessions and to the end he may be forth-coming when as Order shall be taken for the relief and discharging of the said Town of G. and for the keeping of the said child when it shall happen to be born according to the Statute in that case provided These are to require that you do immediately receive the said I S. and him safely to keep in your Gaol until such time as he shall be thence delivered by due course of Law Dated c. A Mittimus for selling Ale contrary to Command 6 Glouc. ss W C. and C D. c. Whereas I S. of c. a common Ale-house-keeper upon complaint lately made to us of the evil rule kept and suffered by him in his house was by Warrant under both our Hands and Seals discharged of his Ale-house-keeping and forbidden to sell any more Ale or Beer And we are credibly informed that the said I S. doth notwithstanding obstinately and of his own authority keep a common Ale-house and commonly sell Ale and Beer We do therefore herewith send you the body of the said I S. commanding you to receive him into your said Gaol and there safely to keep him for three days without bail or mainprise and afterwards until he shall with two sureties enter into Recognisance that he shall not keep any common Ale-house or use common selling of Ale or Beer and pay his Fine of twenty shillings according to the Statute in that case provided And hereof c. An Observation on this Mittimus It is good to advise well upon this commitment whether upon a bare complaint or information that a man doth sell after he is discharged he may be committed and whether there must not be before this a legal conviction of him for the crime A Mittimus of an Overseer that refuseth to account 7 Glouc. ss W S. and L M. Esquires two of the Justices c. To the Keeper of the Gaol within the Castle of Gloucest We send you herewith I S. and W â— the late Overseers of the poor of the parish of Dale for that they being called before us to give in a true account of the moneys by them received and laid out in the time of execution of their said Office they did in our presence wilfully refuse so to do We require you therefore them safely to keep without bail or mainprise until they shall make a true account thereof and satisfie and pay to the present Churchwardens and Overseers of the poor of the same parish so much as shall thereby appear to be remaining in their hands And hereof fail you not c. An Observation upon this Mittimus This Commitment seemeth to me warrantable because the offence is in the presence of the Justices and there needs no conviction of it But if he refuse to appear before the Justices it may be doubtfull A Mittimus of a dangerous Rogue to the Bridewel 8 Glou. ss W S. and L M. c. To the Master of Governour of the house of Correction or his Deputy there Whereas I S. a sturdy vagrant Beggar was this day brought before the Constable of Dale and charged as well with begging and idle wandring abroad as also with other disorderly behaviour so as he appeareth to us to be dangerous to the inferiour sort of people contrary to the Laws of the Nation in that case provided These are therefore to require you to receive the said I S. into your custody and him safely to keep in your house of Correction until the next Quarter Sâ—ssions to be holden for this County And that during all the time
appeared before me the said W S. and the said C D. and E F. have undertaken for the said A B. who is within the age of 21 years to wit either of the said manucaptors in twenty pounds a piece which each of them have acknowledged to owe to our said Lord the King by way of Recognisance to be levied on their lands and tenements goods and chattels to the use of our said Lord the King to wit that the said A B. no damage or ill shall do or procure to be done to any of the people of this Commonwealth in their bodies or burning of their houses and especially to T R. Therefore I require you and every of you to forbear c. as in the rest This may also be to stay proceedings of Arrest or Imprisonment against a man upon good Behaviour or upon a Capias upon an Indictment for Trespass or the like thus 5 Glouc. ss W S. To c. Forasmuch as I S. of c. came before me this first day of c. at Dale in this County and hath found sufficient Manucaptors to be at the next General Sessions of the Peace to be held in this County before the Justices of the Peace there to answer to our Lord the King of certain trespasses contempts and offences whereof he is indicted Therefore I command you c. as in the rest CHAP. XXIII Of a Liberate 1 Glouc. ss W S. c. To the Keeper of the Gaol in the Castle of Gloucest Forasmuch as I S. of c. hath before us found sufficient mainprise to appear before the Justices of the Gaol-delivery at the next general Gaol-delivery to be holden in the said County there to answer the things that shall be objected against him touching the felonious stealing of two sheep for the suspicion whereof he was committed to your Gaol These are to require you in case he be there detained in prison for this and no other cause that you forthwith deliver him and let him go at large Given under our Hands c. 2 Glouc. ss W S. c. To the Keeper c. I S. being by me committed to your custody in your Gaol till he put in sureties for the peace or good behaviour as the case is These are c. as in the last Observations on this If one Justice of his own head commit a man to Gaol or Bridewel he may again deliver him and he need not shew the cause or if it be for the peace or good behaviour to tell the Keeper that he hath taken Sureties we think it safe for a Keeper to have this from a Justice always when he delivers his prisoner By these other Liberates may be made Of a Release I have seen a Release of the Peace by a Justice of Peace that took it and Presidents of Releases of the Peace and good Behaviour but I understand not of what use they are for the party must appear onely the Release of the Peace c. is an evidence that the Prosecutor is not afraid of him and therefore the Court will not probably continue him bound CHAP. XXIV Of a License and Testimonial 1 Glouc. ss To sell Ale W S. and I S. Two of the Justices c. Know all men by these presents That we do hereby license I M. of c. to keep a common Ale-house in L. aforesaid in the house there where he now dwelleth for one whole year next ensuing the date hereof so that he do not during that time suffer any unlawfull Games to be used nor any evil rule or disorder to be done in the same house Dated c. So to brew and sell Beer and keep a common Alehouse c. 2 Glouc. ss To travel on the Lords day W S. c. To all c. I S. of c. where he now liveth having informed me that he had a Father living at D. in the County of S. where he lieth now very sick and he hath a desire to visit him Now know ye that for this cause I do hereby license him to travel upon the next Lords day the direct way to him willing and requiring you not to molest him for the same so he behave himself orderly in his travel Dated c. 3 Glouc. ss Describe him To convey a Rogue I S. a sturdy vagrant beggar of low personage red haired c. and about twenty years was this first day of May openly whipped at W. in the said County according to the Law for a wandring Rogue and is assigned to pass forthwith from Parish to Parish by the Officers thereof the next straight way to P. in the County of W. where as he confesseth he was born or dwelled last for one whole year if the case be so and he is limited to be at P. aforesaid within ten days now next ensuing at his peril Given at W. under the Hands and Seals of W S. Esquire one of c. and I D. the Constable of W. aforesaid 4 Glou. ss For one that hath suffered shipwrack c. Soldier c. W S. c. one c. To all Constables Tythingmen c. Forasmuch as I am credibly informed that I S. the bearer hereof of low personage c. hath been at Sea and there the first day of May last suffered ship-wrack and hath not wherewith to relieve himself in his travel to the place of his birth or last dwelling These are to desire you to suffer him to pass the next way to the said place where he is limited to be within forty days next after the date hereof and not to trouble but rather to relieve him The like may be for a poor Souldier 5 Glouc. ss To travel W S. and I S. two of the Justices c. To all c. The bearer hereof I S. of c. having shew the cause of his travel desired our Testimonial or License for his safe travel to the City of B. shew whither he is to go wherefore we as much as is in us do license him to travel the direct way from H. in the County of G. to the said City so as his journey be not continued longer then twenty days next after the date hereof and pray you to suffer him to pass in peace so as he demean himself orderly And by these a Testimonial may be made for other things as for a Labourer in Harvest-time to go into another Countrey to work or a Servant departing at the end of his year CHAP. XXV Of a Certificate A Certificate of the Presentment or Verdict of the Jury may be made into the Kings Bench the like may be made of the Record of a Force viewed by the Justice These Certificates and the like may be made by the Justice of Peace by way of a Letter inclosing therein the Presentment of the Jury or the Record of the Justice except the same be removed by Certiorari the forms whereof see in the end of