Perry and to take his Recognisance for the keeping of good order and this they must certifie it into the Sessions or forfeit five marks Upon 5 and 6 Ed. 6. 25. 9. There must be two Justices to License License Labourers and others to be in an Ale-house tipling Upon 1 Iac. 9. 10. There must be two Justices and one of them of the Quorum to discharge or put down an Ale-house-keeper at their own discretion Upon 5 6 Ed. 6. 25. 11. The oath of the party confessing he hath been tipling or drunk in an Ale-house shall be sufficient to convince the Ale-house-keeper of his offence by suffering tipling c. 21 Iac. 7. For Inne-keepers and Victuallers dressing of meat in the Lent see Lent SECT 29. About a Libeller or Slanderer and Libell c. AS to this kind of offender and his offence which we take now to be clearly within the words of the Act against Challenges forbidding all provoking Words and Gestures and so punishable thereupon by way of Indictment in the Sessions But there is this more in it As to one that hath his hand in the Contrivance procuring or publishing of a Libell especially if it be against a Magistrate Or one that doth use commonly libelling against others or is a common Slanderer or Tale-bearer and his Tales and Slanders are of dangerous consequence and do much mischief In such a case as this any Justice may doubtlesse out of the Sessions take Informations hereof by good witnesses against him and if he find it so bind him to the good Behaviour and to appear Good Behaviour at the Sessions and if he refuse to be bound send him to Goal till he so do See Chap. 3. Sect. 4 SECT 30. About Licenses 1. ANy one Justice of Peace dwelling near the place where any poor Mariner or other person Mariner having suffered Shipwrack shall land may give a Testimonial under his hand Testimoniall of his case and thereby license him to passe the next way to his place of birth or last dwelling and to ask relief as he goeth and limit him a convenient time for it upon 39 Eliz. 4. 17. 1 Iac 25. 2. One Justice may under his hand and Seal license Labourers to go out of Labourers one into another Country to work at Harvest-work in the Harvest-time Upon 5 Eliz 4. 3. One Justice may license a man upon good cause to travail or to do Lords-day a work of mercy or necessity on the Lords-day Or to come in later on the Saturday night or go out earlier on the Munday morning than the Lawes do prescribe for this or to grind at a Mill or be in go or send to a common Ale-house Wine-Tavern Tobacco-house or to have or use a Coach Sedan Horse-Litter Boat or Horse on this day Upon the Act of 6th of April 1654. 4. There must be two Tustices of the Church-Wardens and Over-seers to set up a Trade for the Poor Peace and one of them of the Quorum to give allowance and license to Church-Wardens and Overseers of the Poor of a Parish to set up a Trade there for the better Relief of the Poor there Upon 43 Eliz. 5. So to set up an Ale-house See To sell Ale Ale-houses 6. Any two Justices of Peace may license poor people to travail to Bath or To travail to Bath Buxton for cure of their diseases at their own charge Upon 5 Eiz 4. But no Justices can license poor people to begg but in the Case before of a Marriner To begg 7. There must be two Justices of the Servants Peace to license Servants to depart out of their Masters Service Upon 5 Eliz. 4. 8. There must be sour Justices to Recusant joyn with the Lievtenant to license a confined Recusant to go about any speciall businesse upon 3. Iac. 5. and 35 Eliz. 2. See for Presidents of Licenses in most of these Cases in the Cabinet Chip 2. 8. SECT 31. About the Lords Day AS to this thing and the Justices power herein out of the Sessions these things are to be known 1. That as to such as use or meet Sports for Bear-bayting Bull-bayting Enterludes Common-Playes or other unlawfull pastimes whatsoever in or out of their own Parishes on the Lords Day In this Case any one Justice of the Peace may upon his own sight hereof the Confession of the party or the Oath of one witnesse which he may administer send his warrant under his hand and Seal to the Constable or Church-Wardens of the place where c. to levy of the goods of the Offender by way of distresse and Sale thereof rendring c. the 3 s. 4 d. Forfeiture The Act goeth further and saith That in default of Distresse the Party Offending be set publiquely in the Stocks three hours And these words albeit they are so penned that they are ambiguous whether they shall be understood to be a part of the warrant to be made under the hand and Seal of the Justice or of a new power in case of lack of distresse And it is given to no body in certain yet that the Justice of Peace hath power to do it and we conceive the Justice may safely make out his Warrant so to do And therefore in this as to this branch that he may safely follow our President in the Clarks Cabinet chap. 4. Warrant 1. But no man may be punished upon this Law of 1 Car. 1. unlesse he be questioned for his offence within a Moneth after it is done And the Justice in this case may if he please reward the Informer with a third part of the Forfeiture See chap. 7. Sect. 6. Numb 24. 2. As to such as use or be at Wrestlings Ringing of Bells for pleasure Masques Wakes Church-Ales Dancing in their own or in other Parishes on this day In this Case any one Justice of peace may upon his own view thereof the confession of the party or proof thereof by the oath of one Witnesse send his Warrant under his hand and Seal to the Constables and Church-wardens of the place where c. If he be above 14 years old which the Justice in the taking of his information must inform himself of to levy of his goods by distresse c. to the use of the poor of the place c. 5 s. And if he be under 14 years of age then so to levy of the Governour of the Offender 12 d. And then the Act is penned further in such like words that the Offender shall be put in the stocks three hours as the last Act was penned and is likewise doubtfull And therefore we here leave the same advise with the Justice as we did in the former Case that he may give warrant to put in the Stocks for three hours Act. 6th of April 1644. And to follow our President in the Cabinet herein See chap. 7. Sect. 6. Here the Justice may also if he please reward the Informer
to do the Execution But we conceive it most proper to be done by the Constable of the place and therefore more convenient to make the Warrant to him then to others See Chap. 7. Sect. 6. â—â— If any Fine be imposed Imprisonment ponality or Forfeiture inflicted or seicure of goods be made for or about the Non-payment of the Excise by the Sub-Commissioners or Farmers thereof out of London and the district therens or by their Agents Deputies or Officers In this case there must be two such Justices as are not interessed or concerned in the thing in Question or Landlord or Tenant or of him or relation to the parties that must upon complaint made to them send their Warrant under their hands and Seal for the execution thereof And these two Justices if Complaint be made of either side may examine the matter upon Oath and end it And if they find any errour and that it is by Mistake onely they may mitigate the Fine so it be not lesse then the one half of what is to be paid and they may also give reasonable Costs to the Officer imployed in the businesse for his trouble therein Act. 17. Septemb. 1657. SECT 15. About Fasting and Feast-dayes AS to this matter of Fast-dayes and Feast Festival or Holy-dayes these things are to be known in this place 1. That for out Religious dayes of Dayes of Humiliation and Thanksgiving Humiliation and Thanksgiving the serving of piocess the going with Coaches Horses Boats and Sedans Tipling and Idling and the Entertainment of such as Tipple or are idle in houses and grinding at a Mill on such a day is penal Upon the 10th of April 165â— But there being no way of Conviction for this upon that Act out of Sessions there is nothing that the Justice of Peace can do out of Sessions against any man for the same or for his doing of his ordinary â—uâ—inesse now on aâ—day of Humiliation or Thanksgiving And as to the Ordinances of August 24. 1642 and of Decemb. 2d 1646 we take them to be of no use at this day 2. For the Ancient Festival or Holy-dayes Holy-daâ—es called Christmas Easter Whitsontide Midsummer and the like we â—ake these to be all abolished and done away at this day by the Ordinance for the Directâ—ry and by the Directâ—ry it self and by the Ordinance of 3d. of June 1647. 3. That the second Tuesday of every Second Tuesday a Play-day moneth is to be a play-day for recreation of Schollers Appsentices and Servants by Ordâ— 3. June 1647. And that if any difference be between the Mastery Apprentice or Scholler about this any one Justice of Peace may end it 4. That the Law for the Observation Lent of Lent and Fish-dayes remains as it was 5. Eliz. 5. 1â— Eliz. 7. And therefore if any Justice of Peace shall Fish-dayes as he may if he will in the Lent-time search any Victualling-house for Flesh and if he find any dressed or killed â—ill three dayes before Easter he may upon his own sight of it seize it and give it to the poor or to the prisoners Upon 1 Iac. 29. 3 Car. 4. 5 Eliz. 5. 35 7. But there is some doubt made upon the Continuance of some of these Statutes SECT 16. About Felons and Felonies 1. VVHere any Trâ—aâ—â—◠〈◊〉 any Felony greaten or lester is committed by killing stealing burning of â—â—elling houses or otherwise upon the Common-Law or upon any Statute Law in all such cases those things are to be done by the Justices of the Peace out of their Sessions 1. Any one Justice of Peace upon Notice or Report 〈◊〉 〈◊〉 max 〈◊〉 forth his Warrant under 〈◊〉 〈◊〉 of 〈◊〉 〈◊〉 Cry and Search 〈◊〉 〈◊〉 Cry Search 〈◊〉 the 〈◊〉 Felon and if they 〈◊〉 him or one they have good cause to suspect that he may be the man That they do him apprehend and bring before 〈◊〉 Justice of Peace to be examined theseof And this he may direct to the Sheriffs and to all Constables of 〈◊〉 Town and place within the Coun◠〈◊〉 For which see the President in the Clarks Cabinet Chap. 5. Numb 6. 2. If the Felony be by the taking away of goods he may send his Warrant to send to search in suspitious places Warrant to search for the goods stollen and if he find the goods to secure them to the end that the owner may have them and if the Officer suspect the party in whose hands the goods are to bring him to a Justice to be examined But this Warrant must be warily and tenderly made Caution to the Justices and used And for this see in the Clarks Cabinet Chap. 5. Numb 1. What Warrant may safely be made in this case and Chap. 7. Sect. 6. 3. When any man is suspected of Felony by another that is willing to inform against the Felon the Justice may take his Information upon oath if he will so give it Or he may if he please take it as we conceive without Oath And if the party will not give it upon oath yet the Justice shall do well to take it so Nor will we advise a Justice to force any thing in this case but to take such Information as the Informer will give and bind him over 4. If a Felony hath been done and there are some that can discover the Felon and will not voluntarily come in and inform the Justice of Peace may send his Warrant to require them to come in to him and give such Evidence as they can against the person suspect and if they be obstinate and refuse he may perhaps bind them to the good Behaviour and to appear at the Sessions to answer their contempt therein 5. The Justice of Peace when the Suspect-person is brought before him is to examine him which he is not to do upon Oath But he may examine others against him and this he may do upon Oath if they will be so examined 6. He must put the Examination Examination or the Effect thereof in writing and let the person examined if he will put his hand to it 7. If the Justice see any cause of suspition in the Case he is to send the person Suspect by a Mittimus to the Goal and bind Mittimus over the Informer if there be any in the Case or if not some other person interested Bind over in it or one that doth appear to prosecute it or one of the Witnesses to prosecute the suspected person at the next General Goal-delivery or Sessions as the case is And also bind over such of the Witnesses as can give the best evidence to be then there to give Evidence 8. All these Examinations and Informations or the Copies thereof together with the Recognizances for the appearance of the Prosecutors and the Witnesses he is to certifie and send Certificate in to the next Goal-delivery or Quarter-Sessions where the oftender is to be tryed 9. One Justice alone may
by one of the Judges of the Court whence it comes Upon 1 and 2 Ph. and M. 13. And yet if this be omitted the Justice of Peace must notwithstanding obey it 3. Writs of Supersedeas out of the Higher Courts are to be void that are not granted upon Motion in the open Court and upon good cause also shewed by Oath and the same set down on the back of the Writ And if this be not done it seems the Justices of the Peace may refuse to obey it Upon 21 Iuc 8. 4. No Remove shall be of an Indictment grounded upon the Ordinance of June 1654 about Challenges Nor Challenges upon the Act of the 6th of October 1650. where the proceeding is upon any penall Law for the buying selling searching viewing ordering or disposing of any Corn Wint Beer Ale Fish Flesh Sale-Butter Cheese or any other dead Victuals whatsoever Nor upon any Indictment grounded upon the last Act made the 17th of September 1656 about the Sabbath Nor to remove any Presentment or Conviction for a Popish Recusancy Nor shall any Writ Recusants of Errour be granted to reverse any such Conviction Upon the Act of 17th of September 1656. 5. The Justices of the Peace may refuse to send away an Indictment upon any such Wâ—it if it be for a Riâ—t Forcible Entry Assault and Battery except the Writ he delivered in â—â— the Justices of Peace in their Quarter-Sessions sitting the Court and except the party indicted will be bound with good Sureties to pay the Prosecutor his Costs But in case of Indictments for a Foreible Detainer and for any other offence then that before named it is otherwise Upon 21 Iac. 8. 6. The Justices of the Peace when any such Writ is duly â—ssued â—orth and sent to them must obey it for it is penal to them if they do not so And if the Writ for bid the Justice to do that which he hath sent out his Warrant to command to be done he must recall and countermand his Warrant 7. If the Writ do not require the sending away of the Recognizance that the Justice hath taken he â—â— to send the Writ and Recognizance to the next Sessions to be siled there 8. The Judges of the Higher Courts that do send for any such Record or prisoner may if they please send it down again to be determined by the Justices of the Peace Upon 6 H. 8. 6. See Steel's Rep. 475. 322. 399. SECT 22. About High-wayes and Bridges AS to High-wayes and Bridges these things are to be known 1. Any one Justice of Peace may upon his own View make a Presentment to the Sessions in the nature of an indictment against any place or Parish for that their wayes are not sufficiently amended And also against any man for any offence by him done against the Statutes of 2 3 Ph. and M. 8. and 5. Eliz. 13. That is to say The Constables and Church-wardens of the place for not choosing the Surveyors or not setting down the time for the six dayes work or for not giving publike notice thereof in the Church Or the Surveyors for refusing the Office or for their neglect in their office and in particular for not making Presentment to a Justice of Peace of such defaults as they find upon these Statutes Or the Parishioners that do not observe and attend to do the dayes-works appointed them Or such as suffer any Nusances in their Grounds hedges or ditches near to the High-wayes Or the Baylifts or High Constables for their neglect in the levy of the Amercements sent to them by the Clerk of the Peace against oftenders about the High-wayes or for the not making of their Account and the like And this presentment of the Justice if he have cause to have it drawn up he may put the Clerk of the Peace to do it And being put in it is of the same sorce as if it were found by Grand-Jury 2. Any one Justice may and must receive from the Surveyors of the High-wayes any Presentment that they shall make and tender to him of any default upon these two before named Statutes about the High-wayes And this Presentment he is to certifie and send in to Certificate the next Sessions under pain of 5 l. upon 5 Eliz. 13. 3. There must be two Justices one of them of the Quorum to enforce and take the Account of any Officer that hath in his hands any of the Forfeitures upon the Statute of 2 3 Ph. M. 8. about High-wayes And to imprison them who do account and are sound to have money in their hands till they pay it But if in this case the Officer be Caution to the Justices obstinate they cannot tell what to do to order him But it must be in the Sessions or no where See Steel's Rep. 399. Chap. 7. Sect. 6. 4. Any one Justice might have caused High-wayes to be enlarged and cleered of Trees and Bushes upon the Statute of Winchester 1 Ed. 3. But now they do nothing out of Sessions but according to the two afore-named Statutes 5. There must be four Justices of the Peace one of them of the Quorum Bridges And where so many Justices are not met together it cannot be done who with the Constables and two of the Inhabitants of every Parish and without their consent also it cannot be done to tax the Inhabitants of any place or places for the repairing of a Bridge or High-way within 300 foot of the Bridg when it is unknown who ought to repair it And they may appoint two Collectors to gather the money and two Surveyors to look to the work and to give an Account thereof and of the Account money And they may call these Officers their Executors or Administrators to an Account Upon 5 Eliz. 13. and 18 Eliz. 9. 6. For the Repair of Chepslow Bridge see 3. Iac. 23. 7. For the Repair of the High-wayâ—s in the Wild of Kent see 14. 15. H. 8. 6. Of Huntington Lane near to Chester see 37 H. 8. 3. In Sussex see 39 Eliz 19. 26 H. 8. 7. 15 H. 8. 6. Of the Cauce-way between Dorchester and Sherborn see 1 Mar. Parl. 2. Chap. 5. Of the King's Ferry in Kent see 18 Eliz. 10. SECT 23. About Horses AS to this there is this onely as belonging to the Office of the Justice of Peace out of Sessions to be known That if any horse be stolne and sold in an open Market the true owner thereof or his Executors may within six moneths after the stealing thereof make his claym for him before any one Justice of Peace near to the place where the horse is found And this Claym the Justice of Peace to whom it is made must take and hear And if within fourty dayes after the claym he can make proof his property by two Witnesses upon oath before the Justice and will pay down to the buyer so much as he before the Justice will depose that he bond side
gave for the horse he shall have his horse again This Claym of the property by the true owner and Oath of buyer for the price the Justice of Peace when called upon herein he must take Upon 31 Eliz. 12. 2 3 Pâ— and M. 3. SECT 24. About Hue-and Cry AS to this any Justice of Peace may may do these things 1. He may bâ—nd or at the Sessions Good Behaviour cause to be bound to the good Behaviour such as shall raise false Hue-and Cry without any cause 2. If any Felony be done any Justice of Peace may command Hue-and-Cry to be made after the Felon and if he perceive Neglect in any Officer of his duty herein he may bind him or cause him to be bound at the Sessions to the good Behaviour And so upon any Hue-and-Cry raised by others if the Justice have Information upon Oath of any Neglect in the following of it by any Officer this is cause enough for a Justice to have the Officer bound to his good Behaviour and to appear at the next Sessions to answer his Neglect See 27 Eliz. 13. SECT 25. Of Hunters Hawkers Fowlers and Hunting Hawking Fowling AS to these things the Justice of Peace his power out of Sessions is thus 1. If any man Hunt or Hawk with Hawking in Corn. Spanniels in the Corn of another mans before it be shocked without his consent In this case any one Justice of Peace may examine the matter if it hath not been before heard and determined in the Sessions and if he â—â—â— cause bind over the party offending Bind over with good Sureties to appear at the next Sessions to answer the offence and to pay the penalty or receive the punishment appointed by the Act of 23 Eliz. 10. 2. If any man Hawk at or kill any Pheasant or Partridge with any Hawk or Dogg between the first day of July and the last day of August In this case any two Justices of the Peace of the County wherein the offender dwells or is apprehended may within six moneths of the offence done upon proof thereof by the Oath of two witnesses before him be committed to the Common-Goal of the place where he is so Convicted for a moneth without bayl unlesse he forthwith pay to the Church-Wardens or Overseers of the place 40 s. for every time he so hawketh and 20 s. for every Pheasant and Partridg so killed But he may not punish it after the six moneths 7 Iac. 11. 3. As to him that humeth Deer or Conies in any Parks Forrests or Warrens in the night disguised In this case any one Justice of Peace upon complaint to him made thereof may send his Warrant to the Sherift or any Bayliff or other Officer within the County to arrest and bring the offender before him to be examined and may examine him If he deny it it is Felony and then the Justice is to prosecute it as a Felony But if he consesse it he is onely to bind him over to appear at the Sessions where he is to be sined for it 3 H. 7. 7. And if any man purposely destroy or take Partridges or Pheasants in the night Any one Justice of Peace upon the bare Examination of the party offending may if he see cause to suspect him bind him with good Sureties in a Recognizance to appear at the next Sessions to answer the offence and to pay the penalty of the Statute Upon 23 Eliz. 20. But there being no way given to the Justice to convict the oftender he cannot levy the penality 4. If any one not qualified by having 10 l. a year of his own Inheritance or 30 l. of his own Free-hold or 200 l. in goods or is eldest son to a Knight or to a greater man c. shall keep any Gray-hound Dogg or Nett to take Partridges or Pheasants Any two Justices in this case upon suspition hereof may send their Warrant to search in places they suspect for them and give the Searchers power if they find any to kill the doggs and tear the Netts And may also upon the confession of the party or proof of the thing by two Witnesses send him to Goal for three moneths unlesse he will forthwith pay to the Church-Wardens of the place where c. the forfeiture of 40 s. Upon 1 Iac. 27. And if any such unqualified person kill or destroy any Pheasants or Partridges by night or day by Nets or otherwise any two Justices upon his confession thereof or oath of one witnesse may send him to the Goal for a moneth unlesse he forthwith pay to the Church-Wardens or Overseers of the Poor where c. 20 s. for every Pheasant and Partridge upon 7. Iac. 11. 5. If any kill hunt or take away any red or fallow Deer in any Porrest Chase Park or other inclosed ground without consent of the owner or shall be ayding or assisting therein any one or more Justices of the Peace upon the confession of the party or oath of one witnesse which the Justice may give shall forfeit 15 l. half to the Informer and half to the Poor of the place which the Justice may by Warrant under his hand levy by way of distresse and sale of goods And for want of distresse the offender to be committed for 12 moneths without Bayl. The offender must be punished within three moneths of the offence done And he that is punished on this Law may not be punished upon any other Law Act. 24. July 1651. 6. If any man buy or sell any wilde Partridge Pheasant Deer or Hare Any two Justices of the place where c. or where c. upon the Confession of the party or Oath of two Witnesses may Commit him to Goal for three moneths without bayl unless he forthwith pay to the the Church-Wardens of the place where c. 40 s. for every Deer 10 s. a Hare or Paritridge and 20 s. a Pheasant or untill he enter into a Recognizance of 20 l. with two Sureties never to do so again 7. If any shoot at with Gun or Bow or doth kill by Nets or other engines Guns a Hare Paritridge Pheasant Pigeon Hearn Mallard Duck Teal or any such Foâ—l or taken the Eggs of a Eggs of Pheasants Paritridges â—c Pheasant Partridge or Swan or doth trace a Hare in the Snow Any two Justices of the Peace where c. or where c. may commit him to Goal as in the last case till he pay 20 s. for every Pheasant Partridge Pigeon or other Fowl 20 s. for every egge so taken and 20 s. for every Hare so traced Upon 1 Iac. 27. 3 Iac. 13. SECT 26. About Imprisonment Arrest and Commitment AS to this these things are to be known 1. That the Justice of Peace must Caveat to Justices take very great care that he do not give Warrant to arrest or imprison or to send to the Goal or Bride-well any man in any cause but where he hath a clear authority so
4. Put in the Stocks for two dayes and one night such a one as he in his discretion shall think fit and shall command to woâ—k in the Harvest time for the saving of Corn or Hay 5. Send to the Goal or house of Correction common Labourers that will not work for the wages set down by the Justices and others that have nothing but their work to live by and will not work for reasonable wages 6. Hear and end any difference between the Clothiers and their Workmen Upon 4. Ed. 4. 1. 7. Send for and commit to ward him that refuseth to serve as an Apprentice according to 5 Eliz. 4. 3. There must be two Justices to do any of these following things 1. To bind to the good behaviour and to appear at the Sessions or to send to the Bridewell such as having no ability to live by but their work and live out of Service and have been by the Justices limited to a time to put themselves into Service and have not done it within the time 2. To punish the Servant by Imprisonment that is retained according to and in the Trades named by the Statute and doth refuse to serve till he give bond to serve or to punish him so for any miscarriage in his Service or to punish him for his going away before his time be expired or to punish him for his going away without giving warning when his time is ended 3. To imprison such Women above 12 years old and under 40 years old unmarried as are compellable to serve by the Statute and refuse to go to service till they give bond to do it 4. To lay the 40 s. Fine upon the Masterâ— for putting away his Servant within his time or at the end of his time without giving of him a quarters warning 5. To punish the Master by the 5 l. Fine and Imprisonment ten dayes for giving of more wages then is set down by the Justice upon the Statute And to imprison the Servant 21 dayes for the taking of that wages 6. To put in Prison for one year or for lesse time the Servant that upon his own Consession or the oath of two witnesses before them is proved to have made an Assray or assault on his Master Mistresse or Governour 7. To inflict the Fine of Five pound upon the Master that retaineth the Servant without a Testimoniall according to the Statute 8. To commit him to Prison that doth hire a Servant for lesse time then a year 9. To imprison a Labourer and Fine him 5 l. for departing from the Work he hath undertaken against the will of the Master before he hath ended it 4. But our Advise to the Justices of Peace herein is That they be very Caveat to the Justices cautious what they do out of Sessions these things upon this Statute and that they use not some of my Warrants as to this I have given in the Clarks Cabinet See chap. 7. Sect. 6. For there is a Clause in it That every Retainer and giving of wages contrary to the true meaning of the Statute shall be void And there are few Retainers according to the Statute Besides there is some doubt either in the power and way of Conviction of the Offender or levying of the Forseiture for the Offence upon most of the branches of the Statute And yet this perhaps a Justice may adventure to do If a Labourer be in his presence and idle and disengaged and he refuse to work in a time of need in the Harvest to commit him according to the Statute And such as have had time set them by the Justices wherein to set themselves into a Service and they do it not and the parties be before them and consesse it and are willfull there the Justices may Proceed against them according to the Stitute And in case of purloyning by Servants from their Masters and where the Contumacy and miscarriage of Servants towards their Masters is very fowl there they may adventure and so may one Justice perhaps by the very Common-Law and of his own discretion to bind him to the good behaviour and to appear at the Sessions And for differences that arise between Masters and Servants and Apprentices any Justice may of his discretion labour to set them agreed and by consent of both parties order any thing between them And in some Cases where he seeth a stubbornnesse bind over the party to appear at Sessions But other wise the safe way is to refer these matters to and to have all these offenders punished at the Quarter-Sessions For we do not perceive that it can well be done any where else 5. Every Justice not hindered by Sicknesse or other good cause is to be present at the Taxing of wages under pain of 10 l. by 5 Eliz. 4. 1. Iac. 6. 6. As to a Clothier or other that Clothiers for wages refuseth to pay to his Workmen the wages set down by the Justices at the Sessions In this case two Justices of the Peace one of them of the Quorum may upon the Consession of the offender himself or the proof thereof but doth not say upon oath of two lawfull and sufficient witnesses before them send their Warrant to the Constables of the place where c. to levy the 10 s. Forfeiture upon the offender by distresse and sale of his goods Upon 1 Iac. 6. 7. If any Servant or Apprentice shall imbesill or steal away the goods of his Master any one Justice of Peace if by circumstances the case comes to a plain Felony may deal with him as he doth with other men in cases of Felony according to the nature of the case But for this see 21 H. 8 7. 33 H. 6. 1. and Dalton's Iustice of Peace page 95. and 320. See the Cabinet for the Presidents to some of these things in Chap. 13. 8. Poor people that have many children Binding poor children Apprentices The Overseers of the poor with the consent of two Justices may bind them Apprentices And if their Parents hinder their binding or being bound entice them away the Parents may be sent to Bride-well by the Resolution of the Judges 1633. But this we conceive must be by the Justices in and not out of their Sessions 9. If any such person as by the Servants to service Bridewell 5 Eliz. 4. are appointed to be in service as one brought up in husbandry under 30 years old or a Maid-Servant brought up in any of the Trades named in the Statute live out of Service not having visible means to maintain themselves without their labour and refuse to serve as an hired servant by the year and he or she hath been warned by two Justices to put her self into service by such a time and doth not such person may be sent to the house of Correction Resol of Iudges 1633. But this we conceive also must be done by the Justices within and may not be done by any of the Justices out of
their Sessions And that if the Justices will do any thing against such persons out of the Sessions it is more safe to do it by binding of them to the Good Behaviour good Behaviour SECT 34. About Ministers or Preachers 1. AS to him that shall wilfully disturb a Minister in his open Sermon Disturb him in his Sermon or rescue him that hath so done In this case any one Justice of Peace upon Complaint hereof onely may commit him to safe keeping for six dayes But then there must be two Justices one of them being the same Justice that did commit him who within the six dayes must examine the matter And if they find either by his own Consession or the proof of two Witnesses that he is guilty of the offence then may they commit him to prison for three moneths Upon 1 Mar. 3. But this Statute doth Caveat to Justices not say Whether the proof shall be by oath nor give power to the Justices to administer the Oath And therefore it is best to let such an offender be punished by the Sessions 2. But now by the New Act of 17th of September 1656 If any do of purpose molest a Minister in his Preaching or other publike duty upon any day or in his going to or coming from it Or do make any publick disturbance upon any part of the Lords-day And he be thereupon brought as he may be Lords-day to a Justice of Peace The Justice of Peace may either upon sight of it the parties own consession or the proof thereof by the oath of one Witnesse commit the offender to Prison without Bayl till the next Quarter-Sessions But this may not be done neither by this Act except it be done within the moneth after the offence is committed 3. As to a Scandalous Minister duly Eeected Ministers disturbed by them that were cast out put out of any Living by authority of Parliament that doth enter upon and out the Minister put in his Room and by himself or others binder him to receive the profits thereof In this case any two Justices of Peace may upon proof hereof by two witnesses but doth not say upon Oath give such damages to the party wronged as they think fit and settle him that is so put out in his quiet possession and in this raise the Trained-Bands to assist him And if he shall by himself or other make any disturbance upon the Minister so put in in the execution of his Office the same Justices upon proof thereof by the Oath of two witnesses may commit the offender to prison for one moneth Upon Ord. 23 of August 1647. and 8th of November 1644. and 4th of April 1648. and August 1654. and 17th of Septemb. 1656. SECT 35. About a Mittimus AS to this Mittimus which is the Justice of Peace his Warrant by which he sends a Prisoner to the Goal or to Bride-well take these things 1. It must be in Writing under the Name Hand and Seal of the Justice 2. It must expresse his Office Place and Authority as W. S. Esquire one of the Justices c. 3. It must be directed to the Gaoler or keeper of the Prison 4. It must expresse both the Names the Christian and Sirname of the party committed 5. It must expresse the cause somewhat certainly of his Commitment as that it is for Treason Burglary or Robbery or for Felony or the Suspition thereof and where it is for Felony to say for Felony by stealing a horse and the like 6. It must have an apt Conclusion The prisoner safely to keep untill he be delivered by due order of Law and the like 7. And lastly it must expresse the time of the making of it Coo. 2. Part of Instit 591. And a Mittimus with this cause To answer to such matters as shall be objected against him Or To keep the prisoner till he that made it shall give order for his deliverances is not good And so if it be a Commitment to Bride-well it is good to set down the cause as to say because he is an idle or inordinate person c. See Presidents for it in the Clark's Cabinet Chap. 25. and in Chap. 6. SECT 36. About Night-walkers AS to Night-walkers that are idle Fellowes who use to sleep by day and walk abroad by night and are suspected to live by some dishonest courses In this Case any one Justice of Peace either of his own head if he know them to besuch or by the Information of others upon Oath thereof by his Warrant may cause them to be arrested and to be brought before some Justice of Peace to put in Surety for their good Behaviour or else to be sent to Gaol till they so do And if any Watchmen of their own heads do arrest such as they may and bring them to the Justice of Peace to be so dealt with the Justice may so proceed against them See Good Behaviour SECT 37. About Oaths AS to this these things are to be known 2. The Oaths of Allegiance Obedience and Supremacy named in 1. Eliz. Oath of Allegiance c. 3. 4 Iac. and other Statutes they are all of them taken away by the Act. 9. Ianuary 1648. 2. Any one Justice of the four that do License a confined Recusant to Travel To a Recusant may give him the Oath appointed by the Statute of 3 Iac. 5. 3. Any one Justice of the County where a Robbery is done and dwelling To him that is robbed in or near to the Hundred wherein it is done may within 40 dayes of the doing thereof take his Oath that is robbed whether he knew any of the Thieves upon 27 Eliz. 13. 4. Any one Justice of Peace may To him that desires surety of the Peace give the Oath to him that desires surety of the Peace against another See Peace 5. Any one Justice of Peace may give the Oath to these Offices following when they come into their Officers By common usage they give the Oath to the High-Constable and the Petty-Constable To Constables and some other Officers And they may give the Oath to the under Conservators of Rivers But to swear Over-seers of Cloath there must be two Justices 6. There must be two Justices of the Peace one of them of the Quorum without Commission to give the Oaths of the under Sheriffs their Bayliffs Deputies and Clarks at their first entrance To the Undersheriff and his Officers into their Offices Upon 27. Eliz. 12. 7. There must be two such Justices to give the Oath to the Collectors of the Sheriffs Amercements for the County Court that they shall Collect no more then is due Upon 11. H. 7. 15. 8. Any two Justices of the Peace may give to the Overseers of Cloath their To Over-seers of Cloath Oath upon 3. Ed. 6. 2. 39. Eliz. 20. 43. Eliz. 12. 9. Any two Justices may give them To Over-seers of them that are sick of the Plague their
or any other Earth or Clay which may be used in the Art of Fulling beyond Sea and the owner of the ground where it is digged do by a note under his hand ofter to discover it to any one Justice of Peace This Justice must receive it and within three moneths aâ—ter the discovery Certificate thereof make it known by his Certificate under his hand and seal to the Batons of the Exchequer 9. Jan. 1647. SECT 58. About a Trespasse in Orchards Woods c. AS to him that shall cut or carry away standing corn rob Orchards or Gardens of Fruit c. break hedges or do any such like thing that is not Felony In this case any one Justice of Peace upon the confession of the offence by the party or proof thereof by the Oath of one witnesse may order the offender to give the party wronged such satisfaction as the Justice shall think fit Or if he judge him unable to make any satisfaction by money or however in case of a second offence the Justice may send his Warrant to the Constable to whip him And if the Constable neglect to do his duty upon this Warrant the Justice may send him to Goal till he procure the party to be whipt according to the Justice of Peace his Warrant 43 Eliz. 7. But there is no way nor power given to the Justice to convict the Constable of this neglect And therefore this punishment may not be inflicted but in a Sessions-way If the Justices have power of it there Wherefore otherwise they may fine him or bind him to the good Behaviour for his contempt as an offence at the Common-Law Some say also that for a common-hedg-breaker woodstealer or robber of Orchards That he may be sent to the House of Correction Bridewell which is more then we dare affirm But this is certain That if it be done it must be done by order of the Justices of the Peace in and not out of the Sessions SECT 59. About warrants made by the Justices AS to the Warrants the Justices of Peace are to make these things are to he heeded 1. It is safe for the Justice to make all his Warrants in writing 2. To see they be perfectly done when the Justice doth Subscribe them And not to leave them with blanks to be filled up afterwards by others 3. In all cases his hand must be subscribed and in some cases his Seal is necessary And therefore it is best in all cases to put his hand and affix his seal to it 4. For the manner of penning it He may if he will put the style of it in the Lord Protector 's Name thus Glouc. ff Oliver Lord c. Or he may send it in his own Name A. B. Esquire one of the Justices c. Or without any style at all thus Complaint being made to me c. These are to require you c. And it may be with or without a Tesle But it is Teste not amisse to say Witnesse my hand and seal c. And a certain Date of the Date day moneth and year may not be omitted See in the Clerks Cabinet and in the 30th Chapter of my first Book of the Justice of Peace his Office more of this 5. The Justice is to take care hi Warrant be penned plainly and clear ly that the Officer that is to execute it may understand and to declare ambiguous words in it Such as this That you cause to come before me for by this he may not understand whether he may fummon him to come or bring him prisoner And therefore to say rather That you warn or summon bin to come or be before me c. 6. If the Warrant be to be grounded on a Statute-Law the more care must be had in it exactly to puâ—sue the directions of the Statute therein And where the Statute saith It shall be under the hand and seal of the Justice or to the Constables and Church-Wardens accordingly to pen it 7. If a Warrant be made by a Justice to apprehend a man and bring him before this or some other Justice of the Peace it is safe to set down in the Warrant the cause of it as that it is to put in Sureties of the Peace or for the good Behaviour or because he is charged with a Felony or the like And to be sure the cause will bear such a Warrant And therefore we cannot approve at any hand the usual Warrant to attach or apprehend men and bring them before a Justice of Peace and say no more but for misdemeanor onely or to answer to such matters as shall be objected against him See for this Coo. 2. Part of Inst 59â— 8. Where by a Statute-Law power is given to a Justice or Justices of the Caution Peace to commit to prison Bride-weil or the like in case of lack of distresse or insufficiency or the like whereby to levy the forfeiture There the best way for the Justices is to do it by one Warrant thus and therein pursue the words of the Warrant thus That you levy of the goods c. And in case you can find no distresse or for lack of distresse or that the party be insufficient c. That then you carry him to Goal for three dayes Or that you whip him c. as the case is according to the Statute in that case provided Rather then to take upon him to know his insufficiency or lack of distresse And thereupon to send a second Warrant absolutely to do it 9. Where any of the Presidents in the Clarks Cabinet do differ from the things we have laid down in this Work our advice is that you do not follow them SECT 60. About Watch and Ward ANy one Justice of Peace may cause Watches to be set from Sun to Sun between Aseension and Michaelmas-day But it is handsome to do this by two or more Justices of the Peace at a Meeting of Justices And if neglect be found in them that Watch or look to the Watch one Justice alone may punish it perhaps by binding to the good Behaviour or Good Behaviour which is more safe he may cause him to be Indicted at the Sessions for it SECT 61. About Weights and Measures AS to him that shall buy or sell by or keep any other Weight or Measure whereby any thing is bought or sold then according to the Standard of the Exchequer In this case any one Justice of Peace may upon the proof hereof by the oath of one witnesse convict him and then may send his Warrant to the Church-Wardens and Overseers of the place where c. or one of them to give them notice hereof who by their Offices are to levy of him 5 s. to the use of the Poor of the place where c. by distresse and sale of goods rendring c. And if there be no distresse the Act is to send the offender to Goal till he pay the Forseiture But it