they are many and in the Main they tend to one and the same thing though in Circumstances many CHAP. XVII Of Sessions and Matters properly to be done c. by Justices therein c. THE Sessions is the Assembly of any two or more Justices of the Peace one being of the Quorum at a certain Day and Place within the Limits of their Commission appointed to Enquire by a Jury or otherwise to take Knowledge and thereupon to hear and determin according to their Power of Causes within their Commission and Statutes referred to their Charge Lamb. 378. A Sessions held without Summons is good but in such Case none shall lose any thing for Default of Appearing Lamb. 380 381. Summons of the Sessions is usually by Precept Written to the Sheriff and by him to be returned at Sessions Lamb. 381. Precepts for Summoning the Sessions may be made by any two Justices of the Peace one being of the Quorum but not the Custos Rotulorum alone and Summons cannot be discharged by Supersedeas of all other Justices but by Supersedeas out of Chancery Lamb. 382 383. CHAP. XVIII The Justice of Peace his Clerk c. his Business relating to Warrants Hue and Cry Order for Bastard-Children Recognizances Mittimus's Releases Bailments Supersedeas c. in due Form Latin and English and other things with Observations or Notes thereon for better Information Instructions for Clerks to Justices of the Peace containing many necessary Forms or Precedents of Warrants on several Occasions directed to Constables As for Warrants grantable by Justices of the Peace they may be stiled and made after several manners viz. 1st In the Name of the King and yet the Teste may be under the Name of the Justice or Justices of Peace who grant them 2dly Or they may be stiled and made only by the Name of the Justices so granting 3dly Or else be made without any such Stile and only under the Teste of the Justice of Peace or only subscribed by the Justice as the cause requires But not having room for every Particular the Nature of things in this case requires in so small a Book I shall only set down what are most common and useful in their order The Form of a General Warrant for a Misdemeanour Bucks T. G. Esquire one of the Justices of the Peace c. to the Constables of D. c. in the said County and to every of them These are to will and require you in his Majesties Name straightly to charge and command you upon sight hereof to attach and forthwith to bring before me the Body of I. P. Baker to answer such Mattters of Misdemeanour in his Majesties behalf as shall be objected against him and hereof fail not at your Peril Given under my Hand c. or Dated c. The Form of a Warrant for the good Behaviour to the Constables c. Bucks Forasmuch as A. B. of your said Town is not of good Name or Fame nor of honest Conversation a Rioter and Disturber of the Peace of our Sovereign Lord the King as we are given to understand by the complaint of sundry credible Persons Therefore on the behalf of our Sovereign Lord the King we straightly charge and command you or either of you immediately upon sight hereof you or one of you require the said A. B. to come before me or some other of his Majesties Justices of the Peace to find sufficient Sureties and Mainprize as well for his good Abearing towards our said Sovereign Lord and all his Leige-People until the next Quarter-Sessions to be holden in the said County as also for his Appearance then and there and if he shall refuse so to do that then you him safely Convey or cause to be Conveyed to the common Goal of the County aforesaid or to the next Goal of His Majesty 's in the said County there to remain until he shall willingly do the same So that he may be before the Justices of the Peace of our said Sovereign Lord the King within the said County at the next general Sessions of the Peace to be holden for the County and there to Answer our said Sovereign Lord for his Contempt on this Behalf And see that you certifie your Doings in the Premises to the said Justices in the said Sessions bringing then thither this Precept with you Given at B. under my Hand and Seal the fourth Day of December c. The Form of a Warrant immediately in the King's Name Grantable by Justices of the Peace William by the Grace of God King of England c. To our Sheriffs of our County of Oxford the high Constables of the Hundred of R The Petty Constables of the Town of B And to all and singular our Bayliffs and other Magistrates in the said County as well within Liberties as without Greeting forasmuch as L. B. of c. hath come before Sir W. M. Knight and Baronet one of our Justices of the Peace within the said County and hath c. Concluding in the Justices Name thus Witness the said W. M. at B. the _____ Day of _____ c. ☞ Here Note that wherever the Warrant is made in the King's Name as afore there it seemeth it ought to be directed to all Ministers as well within Liberties as without for the King is made a Party and so it may be done it seemeth in all other Warrants especially for Felony or for the Peace or good Behaviour c. because it is the Service of the King and no Franchise or Liberty shall be allowed or hold place against the King Br. Franch 31. However it is further held that the Justices of the Peace of the County may not Intermeddle in any City Town or Liberty which have their proper Justices Vide Dalton Chap. 6. Folio 25. Where you will find it set down more largely The Form of a Warrant for the Peace Surrey To the Constables of C. c. and to either of them Forasmuch as A. B. of your said Town Yeoman hath required Sureties of the Peace against T. L. of your said Town Labourer and withal hath taken his Corporal Oath before me that he requireth the same not for any private Hatred or Evil Will but simply that he is afraid of his Life or the Hurting or Maiming his Body or the Burning of his Houses These are therefore to Will and Require you in His Majesty's Name straitly to charge and command you that immediately upon the sight hereof you or one of you require the said T. L. to come before me or some other of His Majesty's Justices of the Peace within the said County to find sufficient Sureties as well for his Appearance at the next Quarter Sessions of c. to be holden for this County as also that the said T. L. shall in the mean time keep His Majesty's Peace as well towards his said Majesty as towards all People and especially towards the said A. B. and that if he shall refuse so
seemeth that he may be Indicted for they may inquire of all Trespasses where a Man may have his Action of the Case Crompt 121. a Num. 21 and 122. a Num. 29. A Justice of the Peace Certifying into the King's-bench that such a one broke the Peace in his Presence the Party shall be put to his Fine without a Traverse to the same Cromp. 132. a. A Justice of the Peace who is of the Quorum ought to be Resident in the County where he is a Justice of the Quorum 2 Hen. 5. Chap. 4. Cromp. 122. a. Num. 32. The Justices at Newgate sit by Virtue of 2 Commissions Goal Delivery and Oyer and Terminer 4 Eliz. Chap. 2. And where the same Persons are Justices of Goal Delivery and Oyer c. They may sit the same Day and Place and inquire by the same Jury yet the Entry of the Records must be several as the Indictment is Dalt 168. A Justice of the Peace commandeth one by his Precept under Penalty of 10 l. to be at the Quarter Sessions next ensuing it and he appeareth not no Scire Facias shall go forth more than if there had been a Subpoena however it seemeth he shall be Attached to be at the next Sessions upon Contempt Cromp. 123. a. Num. 9. CHAP. III. What one Justice of Peace may do by Power and Virtue of his Commission without requiring to be joyned with another or more in Acting in what relates to his Office HE may cause all such as are fit to Work in Harvest or Hay-time and after Licence them to go unto any other County He may Rate the Prizes of deceitful Malt to be sold by 2 Edw. 6. 10. He may compel one fit in his Discretion to be bound Apprentice by 5 Eliz. 4. He may it seems give Directions to Watchmen Keepers and Searchers of infected Persons Crompt 126. b. He may cause to be Whipped Trespassers in Orchards Corn Hedges or Woods not able to give any Satisfaction And it seems he may hear and determine by Examination or otherways by his Discretion the Offences committed in Tile-making One Justice of Peace may command Vagrant Persons to Prison if they will not serve He may upon his View of forceable detainer Record it by 15 Rich. 2. Chap. 2. Dalt 81 82. He may Punish Deceit in Cloth by Tenters c. He may cause High-ways to Markets to be enlarged and cleansed of Trees and Bushes 13 Edw. 1. Chap. 5. He may Punish Keepers of Places for unlawful Games and the Players at those Games He may Punish Prophane Swearing in his Presence made out by Testimony or Conviction by the Party 's own Confession He may Punish Offences in Watermen and Transporters of Corn. He may Punish Defaults of Collectors of Sheriffs Amercements and of Bayliffs of the Hundreds Soldiers that Purloin their Horse or Harness He may prevent a Riot stay it and Commit them that are concerned in Acting of it One Justice of the Peace upon Complaint may Commit till the Assizes or Sessions any Popish Recusant Convicted above 18 Years of Age under the Degree of a Baron so for refusing the Oath of Allegiance 7 Jacobi 1. Chap. 6. He may cause to be set in the Pillory in the next Market-town Persons Convicted of Breaking the Assize of Fuel and not able to pay the Forfeiture with a Billet or Faggot bound to his Body 7 Edw. 6. C. 7. Quaere whether one alone can Commit him He may cause an Unlicensed Ale-house-man openly to be Whipped after Conviction where there is no sufficient Distress to pay the Penalties 3 Caroli 1. 3. He may upon View or Proof by two Witnesses Warrant the Levying 20 l. Forfeiture for an Unlicensed Ale-house to be given to the Poor One Justice may demand the Peace against an other Man Lamb. 81. And he may Punish Persons going or riding Armed contrary to the Statute of 2 Edw. 3. A Justice may inquire of Felo de se hid or cast into the Sea where the Coroner cannot have the View of the Body 3 Inst 55. And he may send Writs for Fugitive Labourers by 2 H. 5. C. 4. St. 1. He may take an Information out of the County against an Offender in the County 1 Cro. 213 So a Recognizance to Prosecute by Assent of the Parties out of the County but cannot use Coercive Power Ibid. A Justice of the Peace Inhabiting in the Hundred where one was Robbed may if he be at York or London take the Party's Oath being but an Examination and no Act of Jurisdiction A Justice of Peace in London ought to send Felons to the Common Goal not to the Counters 1 Co. 120. He may take an Indictment of Barretry without a special Commission 2 Cro. 32. A Justice in open Court may alter the Panel or a Jury Sworn only for the King 2 Co. 59. One Justice of the Peace is sufficient to certify carrying of Corn from one Place to another to sell against the Statute of Fore-stalling joyned with the Customer He may Bind a Cheater to his good Behaviour c. Dalt 63. 7 Jacobi 1. He may Convict of Drunkenness by 12 Jacobi 1. C. 7. He may Seize the Goods of Gipseys within a Month after their Arrival c. By the 22 Hen. 8. C. 10. He may Record a Riot in his View and Commit the Rioters or bind them to their good Behaviour but single or alone proceed no further Dalt 195. He may punish Spoilers of Fish-ponds and cause their Nets to be cut and burnt 17 Rich. 2. He may take the Claim of a Horse Stolen 31 Eliz. 12. He may Examine and Bind over unlawful Hunters in the Night time c. 1 Hen. 7. C. 7. The like of taking or killing Conies in the Night-time 22 23 Caroli 1. He may compel a Vintner to draw a Man Wine who demands it and offers Payment 24 Hen. 8. Dalt 242. He may Convict of the Breach of the Lord's day against Stat. 29 Caroli 2. And may allow of Cause for Travelling in a Boat on the Lord's-day according to the said Statute CHAP. IV. The Power of two Justices of the Peace Acting joyntly within the Compass of their Jurisdiction by Virtue of their Commission and Office c. TWO Justices of the Peace upon View of a Riot or Rout may Record the same and with the Sheriff or under Sheriff 13 Hen. 4. C. 7. Crompt 16. Num. 9. to inquire by a Jury and fine the Rioters Dalt 195. Quaere Two Justices on Complaint that a Servant departed before his Term ended c. Are to Examine and Commit if they see Cause See more of Labourers and Servants of a Constable c. They may Bind one to the Quarter-Sessions to Answer his Offence against a Penal-law Lamb. 187. Vide Dalt They may Allow and discharge an Ale-house-keeper at Discretion There must be two Justices of the Peace for appointing Overseers for Woolen-cloth for a Year c. So to convene Persons fit to discover any Offence in the
Wrongs CHAP. VII What Six Justices of the Peace Conjunct in the Execution of their Office may do c. SIX Justices one being of the Quorum may Execute the Laws of Commissioners of the Sewers Dalt 219. They may appoint a Common-goal for the Sheriff to have the Custody of it 13 Hen. 8. Six Justices in Commission of the Peace with the Justices of Assize by 12 Rich. 2. C. 1. Eight Justices of the Peace beside the Lords by 14 Rich. 2. c. 11. So two Lawyers in every County 18 Edw. 3. c. 2. The greatest part of the Justices of the Peace to order the House of Correction in every County The greatest part to Tax other Parishes for the Poor where there is an Insufficiency in the Parish or Hundred 43 Eliz. c. 2. So to employ the Overplus of the Maimed Soldiers Stock to the Use of the Poor 43 Eliz. c. 3. And to Tax for the Relief of Maimed Soldiers So to Accounts of Treasurers for Maimed Soldiers 43 Eliz. c. 3. CHAP. VIII What is to be considered and meant by the next Justice in a County c. THE next Justice may License Mariners to Beg having been Shipwracked 39 Eliz. c. 4. Lamb. 303. Dalt 209 227. Where the Statute ordereth the Justice most nigh to do Execution c. As in 13 Hen. 4. Of Riots under the Penalty of 100 l. for Forfeiture he is excused if another Justice not next do the Office He may chuse Fishermen to be Mariners by the King's Commission 5 Eliz. c. 5. Lamb. 359. Dalt 139. The next Justice is to send a Prisoner to a Work-house c. 30 Caroli 2. CHAP. IX Of certain Forfeitures by Statute given to 8 Justices of the Peace FOR every Day he sits upon the Statute of Labourers not exceeding 3 Days 5 s. So the Mayor or Head Officer in Corporatins c. Out of the Fines arising on the Stat. c. For every Day which Sessions is kept which may be 3 Days they shall have out of the Fines coming to the Sheriffs Hands by reason of the Sessions 4 s. and their Clerk 2 s. Two Justices of the Peace shall have a part of defective Cloth Seized and Forfeited 5 Edw. 6. Lam. 359. Justices who examine Offences of Deer-Hays and Buck-stalls shall have the tenth part of Forfeiture 19 Hen. 7. c. 11. CHAP. X. The Fees of Justices of the Peace or such as they ought to take in the following Cases according to Crompt 176. a. and Dalt 78. FOR a Recognizance of the Peace 2 s. For a Recognizance to Bail a Prisoner 2 s. For a Supersedeas of the Peace 2 s. For a Warrant of the Peace Sealed 2 s. For a Release of the Peace 2 s. For a Warrant not of the Peace 4 d. For a Recognizance of an Ale-house-keeper 12 d. For the Inrolment of a Deed the Land not exceeding 40 s. per Annum To the Justice one Shilling and to his Clerk one Shilling But if the Land exceed 40 s. then 2 s. 6 d. to the Justice and the like to his Clerk CHAP. XI Where a Justice of the Peace lies liable to be Fined for Neglecting or Transgressing in his Office or Duty c. IN the Case of Bailing one not Bailable and refusing to Bail one Bailable and Detaining him he lies liable to a Fine and to pay double to the Prisoner 3 Edw. 1. C. 15. 23 Hen. 6. C. 10. In the Statute against Riots if he does not Execute it he is Finable 100 l. 13 Hen. 4. So in that of forcible Entry 10 l. 8 Hen. 6. In neglecting to take Order about a House of Correction 5 l. to go towards the building it 1 Jacobi 1. C. 4. Exercising his Office before the Oath taken Dalt 14. For not being present at the Annual Tax of Servants Wages 10 l. 5 Eliz. c. 4. If a Justice of the Peace does not in 40 Days certifie unto the King's-bench Presentments of Extolling the Pope's Power he forfeits 100 l. 5 Eliz. C. 1. For Imbeseling wilfully Raising maliciously Inroling an Indictment not found changing an Indictment of Trespass into Felony is Fine and Imprisonment and loss of Office Lam. 631. CHAP. XII Where a Justice of the Peace lies liable to Punishment HE may be Imprisoned for taking Bond in his own Name and not in Domino Regi the Matter concerning the King 33 H. 8. C. 9. For Conspiring with another to Indict a Stranger at the Sessions otherwise as a thing done by him as Judge Crompt 122. a. Num. 32. Where a Justice fails to do Justice he may be put out of Commission and Punished 4 Hen. 7. C. 12. Crompt 120. H. Num. 6. Lam. 370. So for refusing to take Surety for the Peace when it is Tendred Vide Crompt Jurisdiction of Courts 31 B. For Embeseling and Rasing Records he forfeits his Office and may be Fined Vide antea CHAP. XIII Some Directions in making out or granting Warrants by a Justice of the Peace and how to be Executed A Warrant in Writing must be under the Justices Hand and Seal his Hand at least Dalt 460. Lamb. 85. 88. However it is better if it be Sealed as the usual way is Dalt 460. A Warrant of the Peace or good Behaviour must contain the special Matter Dalt 460. Lamb. 87. A Warrant for Treason Murder or such like capital Offence need not contain the special Matter or Cause Dalt 160. Crompt 148. a. If a Justice of the Peace being out of the County Grants his Warrant to be served in the County the Officer making the Arrrest must carry the Party before some Justice of the Peace within the County Lamb. 91. Dalt 461. A Justice of the Peace may make his Warrant to come before himself yet in a Warrant for the Peace the usual manner is otherways Co. 5. 59. Dalt 461. Upon a General Warrant an Officer may chuse to go before what Justice he pleases Dalt 49. 5. Co. 59. B. If a Justice of the Peace make a Warrant beyond his Authority it is not disputable by a Constable or other Officer but must be obeyed unless it be to do a thing out of the Justices Jurisdiction in a Cause where there is no Judge for if in this latter Case the Officer Execute the Warrant he is punishable Dalt 8. 465. Lamb. 65. Crompt 147. B. Lamb. 91 92. Dalt 865. A Warrant directed to two joyntly to Arrest a Party he may be Arrested by either of them A Warrant made in the King's Name ought to be made to all Ministers as well within Liberties as without Dalt 355. Warrants may be made either 1. in the Name of the King or 2. in the Name of the Justice and either of them must be testified by the Justice from whom they Issue or 3. without stile by Superscription of the Justice Dalt 385. See more of Warrants in the Office of Constable in this Book and how they are to be Executed Sessions held by one Justice of the Peace is not good though
it were Summoned by two and Stiled by their Names but two sufficient Justices Warrants Sealed Quorum c. Vide Dalton c. Quarter Sessions are to be held 4 times in the Year viz. The first Week after St. Michaeâ— The Epiphany the close of Easter and after the Translation of Thomas the Martyr which is July 7. 2 Hen 5. Chap. Lamb. 597. Dalt 531. Justices of the Peace shall hold their Sessions 4 times in the Year viz. One within the Octaves of Epiphany the second in the second Week of Lent the third between the Feasts of Pentecost and St. John Baptist the fourth within the Octaves of St. Michael 36 Edw. 3. Chap. 12. Dalt 531. Crompt 123. B. Nu. 15. c. The place where Sessions is to be held is Arbitrable and therefore though by Summons they are to be kept in one place yet they may be kept in another but then there can be no Amercement for Default of Appearance Lamb. 383. 384. But they must be kept within the County Dalt 531. So in a Town Corporate but not to intermeddle Two Sessions at one time for one County Lawfully Summoned at two Places are good but Appearance at one shall excuse the default of an Appearance at the other and Presentment taken before either of them shall stand good Lamb. 384 But Punishable without notice At a General Sessions all Matters Enquirable by Justices of the Peace either by Statute or their Commission ought to be given in Charge otherwise at special Sessions Lamb. 613. And may be held 3 Days 606. 12 R. 2. Chap. 10. At the Quarter Sessions Officers and Ministers of the Court and Jurors of the County owe their Attendance Lam. 386. Jurors not appearing according to Summons are Punishable for loss of Issues the usual part of Estreats Constables making Default are Fineable The Justices of the Peace if need require may keep a special Sessions by Virtue of their Commission or by the Statute 1 Hen. 5. Chap. 4. Lamb. 623. All Matters within the Commission or Statute may at a special Sessions of the Peace be given in Charge yet they are at liberty to give in Charge either all or any of them Lamb. 623 624. If two Justices of the Peace one being of the Quorum make a Precept to the Sheriff for the holding a Sessions at such a Place and Day and to return a Jury before them other Justices cannot by their Supersedeas Inhibit it Crompt 126. B. But the King by his Writ of Supersedeas may Discharge it Ibid. All that come to the Sessions for publick Service or upon Compulsion upon Complaint and Examination of the Matter upon Oath shall be freed from any Arrest upon Original Process Lamb. Cro. 190. B. Lamb. 402. Indictments are many times Tried the same Sessions wherein the Persons were Indicted yea the same Day before Justices of Goal Delivery or Justices of Oyer c. Dalt 537. 1 Cro. 315 438 448. But in Case of Felony it seems very reasonable to be deferred to the next Sessions upon Cause shewn it being so in an Indictment of Nusance generally and life is more to be valued and favoured c. Dalt 537. Many things of great Import cannot be done but at the Sessions and some but at such a particular Sessions Dalt 537. Of the first sort are the Discharge of Apprentices Ill-used Badgers Licensed Officers Sworn after the Sacrament received proved and declaring against Transubstantiation c. Dalt 538. The second is taking Accounts for Maimed Soldiers of the Treasurers and for Charitable Uses c. 43 Eliz. in Easter Sessions the Rates of Wages in Easter Sessions and 6 Weeks after Dalt 538. Making Order in the Chamber after the Adjournment of the Sessions as for the Bastard-Children and Settlements and some other Things and Matters But not to be tedious to the Reader I shall hear close Treating of Matters of this Kind and proceed to others Executed CHAP. XIV Of Mittimus's and their Form and what is to be considered in them c. A Mittimus must contain the name of the Party or Parties his or their Offences and the time of Imprisonment that it may appear whether the Prisoner be Bailable or not Lamb. 297. Dalt 439 406. Crompt 153. A. Num. 11. If one be Committed without Bail or Main-prise and the Cause be expressed in the Mittimus and yet is Bailable other Justices may Bail him yet Quaere seeing their Authority is equal Dalt 439. But if no Cause be expressed other Justices shall not do well to Bail him without the Privity of the first Justice or Justices because the Cause of Commitment probably may not be Bailable Dalt 439. If the Mittimus be General the other Justices that Bail must take notice at Peril Ibid. There is a Writ called a Mittimus for removing Records of Outlawry Judgment in the King's-bench c. Unto the common Place or an Act of Parliament unto the King's-bench c. See of this 1 Cro. 134 298. Hob. 111 135. The Form of the Mittimus see To send Rioters to Goal Lamb. 321. To send Shooters in Pieces to Goal 229. Dalt 515. To send upon Forcible Entry c. Lamb. 150 520. To send to the House of Correction Dalt 513. To send an Ale-seller without License Dalt 512. To send a Reputed Father of a Bastard Ibid. CHAP. XV. Of Recognizances what they are and how and in what Cases to be taken by a Justice of the Peace c. A Recognizance of a Bond of Record Testifying the Recognizor to owe a certain Summ of Money to some other and that Acknowledgment of the Summ is to remain of Record and none can lawfully take it but a Judge or Officer of Record Dalt 457. Every Recognizance taken by a Justice of the Peace must be made by these words Domino Regi and great Care to be had in so doing for it is Imprisonment for any Person to take it otherwise For these Words Domino Regi import and Imply the Recognizor is bound to our Lord the King and not to any other 33 Hen. 8. Chap. 9. Crompt 196. B. Num. 11. Lamb. 162. Dalt 276. Sureties in Recognizance ought to be Subsidy Men and they must be two besides the Party himself Dalt 276. Lamb. 101. It is in the Discretion of a Justice of the Peace if he take a Recognizance Ex Officio to appoint the Number of the Sureties their Sufficiency in their Goods and Lands and the Summ of Money and how long the Party shall be bound Dalt 275. Lamb. 100. Recognizance for the Peace unless the words be expressed for keeping of the Peace seemeth void Lamb. 103. Dalt 204 276. Coram non Judice So it is if a Recognizance be that the Recognizor shall not Beat or Maim B. without the Expressing the keeping the Peace in it Ibid. A Recognizance expressing no Time of Appearance but generally to keep the Peace is good Ibid. And so these few may serve to give a Light into others for
Court to the Grand Jury when they are to Enquire c. You shall diligently enquire and true Presentment make of all such Matters Articles and Things as shall be given you in Charge as well as of all other Matters and things as shall come to your Knowledge touching this present Service The King's Council your Fellows and your own you shall keep secret you shall Present no Person for Hatred or Malice neither shall you leave any one Unpresented for Fear Favour or Affection for Lucre or Gain or any Hopes thereof but in all things you shall Present the Truth and nothing but the Truth to the best of your Knowledge So help you God And now from what has been said it appears that this Important Office is Branched twofold The first is to preserve the Innocent from the Disgrace and Hazards which by Malice or any sinister Means they may be brought into for by the express Words of the Statute of 25 Edward the Third c. 3. and the 43 Edward 3. c. 3. it is said That for preventing Mischiefs done by false Accusers none shall be put to answer unless it be by Indictment or Presentment of Good and Lawful People of the same Neighbourhood where such Deeds be done and this no doubt may be taken to Imply a Grand Jury The other Branch is to enquire after and give Notices of all Nusances Offences Crimes and the like in the County for which they serve that so Offenders may be brought to Trial if they are forth coming or if fled from from Justice may be proceeded against upon the Outlawry and so Criminals Punished according to their Demerit A Grand-jury or Petty-jury where there is no Witness against the Prisoner for the Crime he stands Indicted for yet knowing him guilty of their own Knowledge may find it accordingly and this especially in the Petty-jury appears pretty plain by the Words spoken to them by the Court for if no Witness appears the Court thus speaks to the Jury or to this Effect Gentlemen of the Jury here is L. C. stands Idicted of such a Crime naming it and there is no Witness come against him So unless you of your own Knowledge know him Guilty you must Acquit him But where there is Evidence the Grand-jury must Industriously Examine the Evidence for the King and the Petty-jury must have the Prosecutor and his Evidence if he have any beside Face to Face with the Prisoner and patiently hear what can be Alledged in charging the one and the others defending himself and deliberately weigh the Matter and may pray the Court to ask such proper Questions of the King's Evidence and of the Prisoner and his Evidence as they think fit for their better Satisfaction and sifting out the Truth of the Matter and to Judge of Matter of Fact according to their Evidence as in their Consciences they shall believe and where a thing is doubtful to them that they cannot well Determin they may find it Special and leave it to the Determination of the Judges and so acquit themselves where such Doubts or Scruples shall arise of falling into an Error in Points of Law of which the Jurors are not held proper Judges but where it so requires must leave it Special And thus having spoken mostly in Generals I now come nearer to Particulars which may briefly give a further Light into these weighty Matters that Men Warned upon a Jury and Empanalled may be prepared a little to know what is Requisit in so great a Charge and Trust CHAP. XXVIII Several Material Things to be known relating to Jurys as the Law directs and according to the Opinion of the Learned Lawyers JUries both for Enquiry and Trial ought to be Probi Legales Homines Lamb. 396. Jurors must be inhabitants or Free holders within the County to the value of 4 l. per Annum by 27 Eliz. 6. But in Cities and Burroughs to the value of 40 l. in Goods Lamb. 396 397. Juror 70 Years Old or Decripid must serve if returned by the Sheriff if the Justices will have him to serve but he may if he will Sue the Sheriff upon the Statute of Westminster 2. Chap. 38. Lamb. 397. A Jury of Denizens is good where a Party is Extraneus unless he pray a Jury per meditatem Linguae 3 Cro. 869. Where a Baron is Sued a Knight must be returned on the Jury ibid. Jurors for the Trial of Indictments within the County Palatine of Lancaster must have five Pounds per Annum ibid. Jurors must not be nominated by any but the Bailiffs as well in Inquisitions before Coroner as Indictments before the Justices of Peace 1 Cro. 134. Jurors Exempted by Charter with the Words Licet Tangat nos are to be Discharged upon Appearance shewing it to the Sheriff but when there is want of sufficient Jurors no Exemption can discharge Stat. West 2. Chap. 38. Lamb. 197. If the particular Juries for the Hundred cannot be supplyed by those of the Hundred it is better to take Tales de Circumstantibus of another Hundred than to be renewed with a Tales from one Sessions to another Lamb. 398. A Jury of one Hundred may present an Offence done in another Hundred Lamb. 399. Justices may Command the Sheriff to alter the Panel and he upon Refusal forfeits 20 l. ibid. 3 Hen. 8. Chap. 12. All Jurors ought and must be Sworn otherways their Presentments are void but the Record being that all the Jurors were Sworn the Presentments are good though all be not Sworn Lamb. 399. Jurors may be Amerced for refusing to Present being Sworn 8 Co. 39. a. A Juror after he is Sworn upon sufficient Cause appearing may by the Justices be removed Lamb. 400. Jurors of Enquiry must be twelve as I have already said but they may be more and usually they are an odd Number tho' 12 of them Agreeing the Presentment is good and an Indictment may be found Lamb. 400. Juries of Inquiry ought not to be Committed to a Keeper nor kept without Victuals nor carried out of the Town but may be Ajourned to another Place to give up their Verdict Lamb. 400. Jurors wilfully concealing Offences Presentable and which be complained of by Bill may be enquired of by Persons whereof every one may spend Forty Shillings per Annum and such Concealment being found within a Year after every Juror shall be Amerced in open Sessions 3 Hen. 7. Chap 1. Lamb. 410 401. No Juror to be returned without an Addition whereby he may be known 27 Eliz. Chap. 7. Lamb. 432 Jurors that discover what they have done are Fineable Lamb. 402. And in Case of Treason or Felony it hath been Adjudged Felony Dalton 377. Jurors taking any thing to make a favourable Presentment shall be Imprisoned and Ransomed Lamb. 441. Crompt 84. a. 5 Edw. 3. Chap. 10. 1. Persons Attainted in Conspiracy 2. Attaint by Verdict 3. Decies tantum 4. Concealment 5. Subornation of Perjury these on a Jury are not Probi and their
not held liable to this though he brings her considerable of his own or is afterward enabled by his Industry or at least if the latter which is held doubtful he is â—bliged to it no longer than his Wife lives Second Part of Bulst Reports Fol. 245 246 247. If any Poor Beg in the Parish a License must be granted for it by the Overseers and if in the High-ways by those Overseers And by an Order of Sessions a Cottage may be erected on the waste of a Mannor and poor Inmates may be lodged therein but it is afterward to be employed to no other Use And such Poor as cannot get Work and are able are to be set on Work by the Overseers and a Justice of Peace may send such to the House of Correction that being employed by them and the Church-wardens will not Work being not otherways able to maintain themselves and they with the consent of two Justices of Peace or more one being of the Quorum may set up occupy and use any Mystery Trade or Occupation for the better Relief of the Poor in the Parish Town or Place within their Districts to set them on Work which is very commendable and may be wished it were more put in Practice CHAP. LXXVI What relates to the Office of the Overseers in taking care to put poor Children Apprentice and what Indenture is required to find them c. IN this Care must be taken that they must be so placed as not again to be chargeable to the Parish and that they may learn such sâ—lâ—able Crafts and Mysteries as when their Time expires with Labour and Diligence they may be enabled to keep themselves and Children their Age to be above 7 and under 15 when they are so placed and in doing this the Overseers must have the Consent of two Justices of the Peace and they may Bind Men-children to the Age of 24 and the Female to the Age of 21 or till she be Married which first shall happen but it must be within the Parish or Hundred and they may give Money if they cannot put them off without and the Master's refusing to take them when so offered may be presented and indicted for the same upon the Statute of 43 Eliz. at the Assizes or Sessions of the Peace and Parents refusing to let them be so put Apprentice without good Cause shewed for it may by the Justice be bound over to answer the Default and the Children refusing may be sent to the House of Correction till they will comply He or she must be bound by Indenture and the word Apprentice specified in it or else it is not Binding The Form of which for the better Transcript on occasion by those that are ignorant of it I shall here set down The Form of an Indenture of an Apprentice put out and bound by the Overseers c. THis Indenture made the 20th of December in the Twelfth Year of the Reign of our most Gracious Sovereign Lord William the Third by the Grace of God of England Scotland France and Ireland King Defender of the Faith c. Anno Dom. 1700. witnesseth That A P. and L. G. Overseers of the Poor in the Town of Nottingham and K. M. Church-warden of the same Town by and with the Consent of G. B. Esq and L. G. Esq two of his Majesty's Justices of the Peace of the County of Nottingham have by these Presents Placed and bound L. C. being a Poor and Fatherless Child as an Apprentice to W. H. of Nottingham aforesaid Shoemaker and as an Apprentice with him the said W. H. to dwell from the day of the Date of these Presents until he the said L. C. shall come to the Age of 24 Years according to the Statute in that Case made and provided by and during all which Time and Term the said L. C. shall the said W. H. his Master well and faithfully Serve in all such lawful Business as the said W. H. shall put him the said L. C. unto according to his Power Wit and Ability and honestly and obediently in all things shall behave himself towards his said Master and all the rest of the Family of the said W. H. And he the said H. W. for his part promiseth covenanâ—eth and agreeth that he the said W. H. the said L. C. in the Art and Mystery of Shoemaking in the best manner that he can or may shall Teach Instruct or Inform or cause to be Taught Instructed or Informed as much as thereunto belongeth or he the said W. H. knoweth And also during all the said Term to find unto him his said Apprentice Meat Drink Linnen Woollen Hose Shoes Washing and all other things necessary or needful for an Apprentice In Witness whereof we the said W. H. and L. C. have interchangeably set our Hands and Seals the Day and Year of Date abovesaid ☞ Note In this Case the Binding is effectual to all Purposes as if the Children were of full Aâ—â—e and did Bind themselves by free Consent of Indenture and Covenant and they so bound may safely be received and kept by their Masters or Mistresses to whom they are bound only if she be a Female her Marriage will release her though the time of her Indenture be not expired as in all other Cases of Indenture on that account and here otherways neither Sex can be discharged from their Masters or Mistresses to whom they are bound as Apprentices but by a Justices of Peace at least in open Sessions or else by the Agreement of the Master c. and Apprentice under the Master's Hand in Writing CHAP. LXXVII How far the Overseer is concerned about settling the Poâ—r and what otherways relates with some nice Points relating to Bastards c. BY Settlement of the Poor it is here meant such as are likely to be troublesome and chargeable to the Parish or Place where they reside And by the 13 and 14 of Charles 2. Chap. 1â— The Overseers and Church-wardens making their Complaint to any Justices of Peace within 4 days after any Person that is poor and likely to trouble the Parish cometh to settle in a Tenement under 10 l. by the Year 2 of the Justiceâ— one being of the Quorum by Warrant under their Hands and Seals may remove such a Person to the Parish where they last had a legal Settlement by the space of 40 days or more unless Surety can be by them given that the Justices shall approve of to secure the Parish c. from Damages or Charges that may ensue and all Persons agrieved have free Liberty to appeal to the Quarter-Sessions In Harvest or Work-time poor Persons setled in a Parish having a Certificate under the Hands of the Minister of the Parish one Church-warden and one Overseer of the Poor declaring them Inhabitants there may go into any of the adjacent or distant Parishes to Work and if they do not return by reason of Sickness or any other Impediment it shall not be accounted an Impediment