supradictis ☞ Note that none of these Releases will discharge the Recognizance or Appearance of the Party bound thereby but that he must appear according to the Condition of the Recognizance for the Safe-guard of his said Recognizance Brief Directions or Helps to Gentlemen of the Grand and Petty Juries whereby those that are not used to be on Juries may inform them in many Material Things concerning the Weighty Trust reposed on them in discharge of their Duty CHAP. XXVI Somewhat of the Antiquity of Juries What things they must consider and how they ought to be Qualified to be Jurors IN this useful Book promising to say somewhat of Grand and Petty Juries to give those an Insight into what they ought to know who take so great a Trust upon them when sworn Jurors to enquire c. The Tryal by Juries is very ancient in this Kingdom and it is our Happiness above other Nations that a Man has so great a Benefit to be Tryed by his Equals Men unprejudiced and unbyassed to deliberate upon Hearing the Evidence and Weighing in their Consciences the Merit of the Cause This way in some degree was not unknown to the ancient Britains as by some of their Books and Monuments of Antiquity appears and we find it practised by the Saxons as Mr. Lambert makes Remarks in King Ethelred's Laws Page 118. and Cook 1 part Institutes Folio 155. and since more amply confirmed after the Norman Conquest by Magna Charta Every Day growing more and more in Esteem because no Man's Life unless it be in Parliament which is a Supream Court and is supposed will never do any Man wrong shall be touched for any Crime whatsoever but upon being found Guilty on two several Tryals for so may that of the Grand and Petty Jury be rightly termed and the Judgment of twice Twelve Men at least all of his own Condition viz. 12. or more to find the Bill against him and 12 more to find him Guilty or Acquit him on the General Issue All which Jurors ought to be Substantial Honest and Impartial Men being Neighbours of the Party Accused or supposed Place where the Fact was committed A Jury in this Case upon hearing the Evidence must be fully satisfied in their Consciences that the Party is guilty and so unanimously pronounce him upon their Oaths or else he may not be condemned for the Office and Power of these Juries is Judicial from whose Sentence the Indictment is to be valid or invalid or to speak plainer the Party Indicted to be found Guilty or Acquitted for from their Verdict there lies no Appeal As for the Qualifications of such as are to be upon Juries the Law has provided that they shall be Persons of Honesty Ability Integrity and Indifferency and Coke in the first part of his Institutes Sect. 234. Folio 155. says that a Juror must be Liber Homo not only a Freeman not bound but one that has such Freedom of Mind that he stands indifferent Sworn as he stands unsworn that he must be Legalis Lawful and by the Law these Properties are required in a Juror 1. He ought to have his dwelling most near to the place where the Question does arise or is moved 2. He must be most sufficient both in competency of Estate and understanding 3. He ought to be least suspicious viz. be indifferent as he stands unsworn and then He is accounted Liber Legalis Homo otherways it is held he may be challenged and not sworn for the Prisoner may challenge 35 in case of Treason and 20 in Case of Felony without shewing Cause and as many more as he can assign just Cause against In brief Jurors must be free from all manner of Bondage Obligations Affections Relations and Prejudices they must be the Peers or Equals of the Party they are to try and of the full Age of one and Twenty or upwards They were antiently all Knights as you may find it in Glanvil and Bracton and still must be Men of Worth and good Repute and as they are returned by sworn Officers of the Sheriff so they of the Petty Jury are to be sworn severally on every Tryal the better to mind them of their Oath or they to be charged upon their Oath with each Party they are to try CHAP. XXVII Of Indictments Presentments and the difference between them the Oath administred to the Grand Jury and how they ought to enquire c. THough both of them as I have said are Juries yet there is made a small distinction between them in the Title as Grand and Petty Juries The first is so called as it seems because it usually consists of a greater Number than the other as 17 19 21. or the like yet they can make no Verdict or Presentment unless Twelve of them at the least agree and then though the rest consent not it is held sufficient And they are further so called because they generally are of the greater quality and likewise in regard of their Power because their Office is more great and general extending to all Offences throughout the whole County for which the serve as Jurors The Petty Jury commonly called the Jury of Life and Death consisting of 12 Men are all to agree in a Verdict or the Verdict cannot be taken and is no Verdict The Grand Jury or Grand Inâ—uest for so they are often called have Principally two things in their Consideration viz. Indictments and Presentments Indictments are those that are usually drawn up in Form at the instance of the Prosecutor or by the Order of the Courts and then brought before and delivered unto the Grand Jury and the Witnesses Sworn attend them to be Examined by them upon the Oath they have taken and according as they Credit or Discredit the Evidence or find cause they Indorse the Indictment Billa vera or Ignoramus it is a true Bill or we are ignorant the latter concluding the Jury does not find the Matter or there does not upon Evidence appear a sufficient Ground for the Accusation that the Party's Life or Reputation should be brought into Question or Dispute As for a Presentment it is when of their own Knowledge or upon Enquiry the Jury themselves do take Knowledge of a Nusance or Offence to the Injury of the Publick which they think fit to have removed or punished and of which they Inform the Court to that purpose briefly in Writing without Form viz. The Nature of such Offence or Thing and the Persons Name and Place who is the Agriever or where the Nusance is being a Ground and Matter whereon to Form an Indictment the Presentment differing from the Indictment in two Particulars viz. It s not being drawn up in due Form and whereas the Indictment is commonly drawn up by the Order of the Court or the Instance of some Prosecutor as is said The Presentment on the other Hand is always Originally the Act of the Grand Jury The Form of the Oath Administred by the
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-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
to do that then immediately you do convey the said T. L. to the common Goal of the said County there to remain until he shall be willing to do the same and see that you certifie your Doings in the Premises to the Justices of the said Sessions and have there this Warrant Dated at c. The Form of a Warrant to search for Stolen Goods Com. Surrey To the Constables of R. c. and to either of them Whereas Complaint hath been made to me W. C. Esq one of the Justices of the said County by L. G. of C. That upon Tuesday Night last he had Feloniously taken from him certain Goods here name them And that he is given to understand that there are divers Parcels of such Goods in the Hands or Houses of divers suspected Persons within your Town These are to Will and Require you and in His Majesty's Name straitly to Charge and Command you that immediately upon the receit hereof you make diligent search in all and every such suspected Houses and Places within your Town and Parish as you and this Complainant shall think convenient and it upon your said Search you find any of the said Goods or any other just Cause of Suspicion that then you bring all such suspected Person as you shall find together with the said Goods before me or some other of His Majesty's Justices of the Peace for the said County to make Answer thereto and hereof fail not at your Peril Dated c. The Form of a Warrant to search after a Robbery Committed directed to the High Constables Whereas there have been of late many Robberies committed about D. Now for the better finding out such Lewd Persons we whose Names are here under-written being his Majesty's Justices of the Peace for the County of Middlesex have thought fit and do hereby Will and Require you in His Majesty's Name that forthwith you direct your Precepts to every Petty Constable within your several Hundreds Commanding them to make Search in all Inns Ale-houses and other suspected Houses within your Precincts for all such Persons as are Masterless or out of Service as also for all Idle Vagrant wandring Rogues Beggars and other Persons And further that they the Petty Constables within the Precincts do take Examination and account of all those and such other Persons as be common Ale-house-haunters or which expend their Money in Riot or which do not Labour for their Living and have not whereon to Maintain them and that the same Searchers be holden all over your Hundreds the same Night and at such other several times as in your Discretions shall seem meet And if any such Persons shall be found in the same Searches and that upon yours or the Petty-Constables Examination taken of them or any of them there shall be found any Cause of Suspicion in them or any of them that then they bring the said Persons so suspected before us or some one of us or some other of the Justices of the Peace of this County to be further Examined in the said Causes and to be further dealt withal according to Law and Justice And for the better doing hereof we require you to Command in His Majesties Name that every Petty-Constable within their respective Precincts do Require and Charge two chief discreet Head-boroughs in every Parish to Assist the Petty-Constable in this Service And hereof fail not at your Peril c. Dated c. The Form of a Warrant for a Person who hath dangerously Hurt or Wounded another c. Surrey To the Constables of C. c. Forasmuch as I am Credibly informed that C. G. of your Town Carpenter hath now or lately dangerously Hurt or Wounded one G. F. of your said Town Brick-layer by a Blow or Blows which he hath given to the said G. F. on the Face and Head c. So that the said G. F. is in danger of Death thereby These are therefore in His Majesty's Name straitly to Charge and Command you that immediately upon sight hereof you or one of you do bring the said C. G. before me or some other of His Majesty's Justices of the Peace of this County to find sufficient Sureties as well for his Appearance before His Majesty's Justices at the next General Goal-delivery to be holden for the County then and there to Answer unto the Premises and to do and receive therefore that which by the Court shall be Enjoyned him as also that he the said C. G. shall in the mean time keep the King's Peace towards his said Majesty and all his Liege People and especially towards the said G. F. and hereof fail not at your Perils Dated c. The Form of a Warrant for a Reputed Father of a Bastard-child Surrey To the Constables of P. c. Whereas Complaint hath been made unto me L. C. Esq one of His Majesties Justices of the Peace for the said County by M. G. of your Town single Woman that she is gotten with Child by R. B. also of your said Town Barber These are therefore to Will and require you and in His Majesty's Name straitly to Charge and Command you and either of you that immediately upon Receit hereof you Attatch the Body of the said R. B. and thereupon bring him before me or some other of His Majesty's Justices of the Peace for the said County to find sufficient Sureties as well for his Appearance at the next General Sessions of the Peace to be holden for this County as also for his good Behaviour towards His Majesty and all his Liege People in the mean time and hereof fail not as you will answer the contrary at your Peril Dated c. CHAP. XIX An Order of the Justices of Peace for a Bastard-child The Order of L. C. Esq and R.G. Esq two of His Majesties Justices of the Peace for the County of S. made for the Relief of the Parish of C. of the said County for the keeping of E. a Bastard-child Begotten by R. B. of C. c. On the Body of M. G. c. Imprimis Upon the Examination of the said M. G. duly by us taken we do find that the said R. B. is charged to have divers times Bodily and carnal Knowledge between such Times Here name the Times and to be the only Father of the said Bastard-child c. And therefore we do Order and Adjudge him the said R. B. to be the Reputed Father of the said Child We do further Order as followeth First That the said M. G. shall keep her said Child till it come to 8 Years of Age. Secondly That the said R. B. upon notice of this Order shall after such Notice pay unto the Hands of one of the Overseers of the Poor of C. for the Time being after the Rate of 2 s. 6 d. every Week to be paid Monthly every Year towards the Relief of the said Child until it come to 8 Years of Age. Thirdly That after the said Child shall come to the Age
of 8 Years c. That the said R. B. pay to the Overseers c. Five Pounds towards putting out the said Child to be an Apprentice c. Fourthly That the said R. B. presently give good Security to one of the Overseers c. To perform this our Order ☞ Note that by altering the Names and Sum as the Order in that Case shall be made This Order in Form with the Variation of the Town and County may generally serve on this Occasion The Form of a Warrant for a Fugitive Servant Middlesex To the Sheriffs c. Whereas G. C. being Lawfully Retained in Service with M. B. of D. c. is departed from his said Master's Service before the end of his Term without his Master's Leave or License or without any reasonable Cause contrary to the Laws and Statutes of the Realm in this behalf provided These are therefore to Command you and every of you that you or some of you do Attach the Body of the said G. C. and bring him before me or some other of His Majesty's Justices of the the Peace to find sufficient Sureties well and faithfully to serve his said Master according to the Covenant between them made And if he shall refuse thus to do that then you cause him to be conveyed safely the Common-goal of the County aforesaid there to remain till he shall be willing to do the same and see you certifie such your Doings at the General Quarter-Sessions of the Peace to be held for the said County Given under the Hand of me W. S. one of His Majesties Justices of the Peace within the said County Dated c. Or thus That if the said G. C. is willing his said Master to serve again you do cause him to be delivered and if that to do he shall refuse that then you cause him to be conveyed to the Goal c. To Bind one to give Evidence Surrey To the Constables of B. c. These are in His Majesties Name to Charge and Command you or either of you that immediately upon sight hereof you or some of you do cause to come before me or some other of His Majesties Justices of the Peace for the said County the Persons hereunder named to the end that they and every of them may be bound to make their Personal Appearance at the next General Goal delivery or Quarter-Sessions to be holden for this County then and there to testifie their and every of their Knowledges concerning certain Felonious Acts committed by one C. D. now Prisoner in the Marshals's Prison in Southwark the Common Goal for the County aforementioned and hereof fail not at your Peril Dated c. The Form of a Hue and Cry after Robbery c. To all Constables and others His Majesties Officers as well within the County of Warwick as elsewhere within the Realm of England Whereas Complaint hath been made unto me T. C. Esq one of His Majesties Justices of the Peace within the County of Warwick by J. C. of D. c. Grasier that upon Wednesday Night last being the 18th of October Instant he was Robbed of one Hundred Pounds in Monies numbred by two Foot-padds on the Road or King's High way between D and C. in the Day time and hath Cause of Suspicion of A. B. and C. B. two Lewd Rogues Here describe their Persons and Apparel Setting down all such Marks as they may be known by These are to repaire you and every of you to make Search within your several Precincts for the said A. B. and C. B. And also to make Hue and Cry after them from Town to Town and County to County and that as well with Horsemen as Foot-men and if you shall find them the said A. B. and C. B. both or either of them That then you carry the Party or Parties so taken before some one of the Justices of the Peace within the County where he or they shall be taken by him to be dealt with according to Law c. ☞ And thus you may do putting one two or more Names in according as the Case requires whether a Robbery on the High-way or a Felony and Burglary committed in a House or such like in Barns Stables Out-houses Stealing of Horses or other Cattel always describing the Parties in the Hue and Cry So that they may be known as also the things taken that if the whole or any part be found about them or in their Possession the may be known and brought as a Testimony against them upon Examination The Form of a Warrant to Attatch a Felon or for Felony Essex To the Constables of D. c. Forasmuch as Complaint hath been made unto we by W. W. That of late he hath had certain Gods Feloniously taken from him and that he hath in Suspicion one L. C. of your said Town These are therefore to Will and Require you and in His Majesties Name straitly to Command you and every of you that immediately upon the receit hereof you do Attatch the Body of the said L. C. and thereupon to bring him before me to Answer the Premises and hereof fail not at your Perils Dated c. CHAP. XX. A Warrant for the Overseers of the Poor to give up their Accounts Surrey To the High Constable of the Hundred of B. c. These are in His Majesties Name to Charge and Command you forthwith to give notice to the Church-wardens and other Overseers of the Poor of every Parish within your Hundred that they do Personally appear before us at Kingston upon Thames at the Sign of the Swan on Thursday the 29th of December next coming by 10 of the Clock in the Morning or Forenoon of the same Day to yield up and make a true and perfect Account in Writing Subscribed with their Names or Marks of all such Summs of Money as they have received or Rated and Sessed and not received for and towards the Relief of the several Poor of their several Parishes and also of such Stock to set the Poor on Work as is in their Hands or in the Hands of any of the said Poor and of all other things concerning the said Office and hereof that they fail not at their and every of their Perils And further we require you that you give warning to the Petty-Constables of every Town within your said Hundred that they or one of them be also then present before us to Inform and Certifie us of the Names of such other Persons as are meet and fitting to be Overseers of the Poor within their several Towns for this Year next ensuing and hereof fail not at your Peril ☞ Note that this Warrant must be under the Hands and Seals of two Justices at the least the one to be of the Quorum◠The Form of a Warrant to the new Overseers to take their Charge Middlesex To the Overseers of D. c. By Virtue of a Statute made in the 43 Year of the Reign of our Sovereign Lady Queen
none come within the Year to make Claim that then they shall be Appraised for the Duty and there a feme sole Merchant may be Sued without her Husband as has been said before and every one in London claims to have a Market in his Shop and his Shop is his Market for such Goods as belong to his Trade either in Buying or Selling. As if a Goldsmith buy Stolen Plate in his Shop openly not knowing it to be Stole and give for it a Lawful Marketable Price he may maintain it but if he buy it in an Ale-house or any other Tradesman's Shop or in the Street the Case is altered it is Unlawful buying not in the proper Market Sequestration by Custom of London By the Custom of London in an Action of Debt the Defendant shall have four Defaults and if he cannot be found but hath shut up his Shop and is gone a Precept shall be to the Sergeant at the Plaintiffs Request to Sequester the Goods of his House 11 Hen. 7. 2 P. 2. Contribution Debt was upon the Custom in London because the Plaintiff and 3 others were bound joyntly and severally in one Bond and one Pays all the Debt or part or the whole is recovered against him he may have an Action of Debt for Partition against the other Obligors Enter 1660. Debts under 40 s. in London Every Citizen and Freemen of London and every other Person Inhabiting or that shall Inhabit within the City of London and Liberties thereof being a Tradesman Victualer or Labouring-man which have or shall have any Debts owing to him or them not amounting to 40 s. by any Citizen or Freeman or by any other Person or Persons being a Victualer Tradesman or Labouring-man Inhabiting within the the said City or Liberties thereof should or might cause such Debtor or Debtors to be Warned to appear before the Commissioners of the Court of Request in Guild-hall and the said Commissioners or any 3 or more of them shall have Power to set down such Orders between Plaintiff and Defendant Creditor and Debtor touching such Debts not amounting to 40 s. as they shall find to stand with Equity and good Conscience And also the said Commissioners or any 3 or more of them have Power to Administer an Oath to the Creditor or Debtor and to such Witnesses as shall be produced on either part and also to commit to Prison in one of the Compters such Creditor or Debtor as shall not appear upon lawful Summons or not perform such Order as the said Commissioners or any 3 or more of them shall set 1 Jacobi 1. 3 Jacobi 1. the first Act being strengthened by the latter and by it the Court of Requests commonly called the Court of Conscience is Established to this Day happy for the poorer sort keeping them from many Misfortunes that would else befal them to the farther filling and crouding the Goals by Strifeful Vexations for small and trivial Matters were not this Court a Bar to restrain them to the great Ease and Security of poor people It is held before the Commissioners at the East end of the Guild-hall Wednesday and Saturday Weekly beginning usually about 11 in the Morning and sometimes if Business require it it may be sooner CHAP. XXXIX Marking a Cause in the Mayor's Court after a Verdict given in the Sherriffs Court to be done THere is a Practice in London called Marking a Cause before the Lord Mayor which is after a Verdict given in the Sheriffs Court for the Plaintiff in this Case the Defendant is to get the Cause mark'd before the Lord Mayor's Court and is like an Injunction in the Chancery to stay Judgment and Execution until the Matter be Examined in Equity where the Lord Mayor doth oftentimes if Cause be Mitigate the Damages or give the Defendant time to pay it Other Customs in London in this Court c. The Custom of London is if a Plaint of Debt be entred in the Sheriffs Court upon Suggestion of any of the Parties the Lord Mayor may send for both of them and Examine them upon the Truth of the Matter before Judgment and if he find that the Party is satisfied so much of it he may bar him but not after Judgment 10 Hen. 6. Chap. 14 15. Where he in the Reversion upon a Lease for a Year is impleaded of Lands in London and makes Default the Lord Mayor is to enquire by Neighbours in the presence of the Termor and Demandant whether the Plea be moved by a good Right or by Fraud to make the Termor to lose his Term and if it be found upon a good Right the Demandant shall have Judgment presently and if not the Termor shall have his Term and the Execution of the Judgment shall be suspended Stat. Glouc. Chap. 11. Deceit 1. Of Foreign Attachments c. By the Custom of London one may Detach either Money or Goods of the Defendants either in the Plaintiffs own hands or in the Custody of a third Person in either the Mayor or Sheriffs Courts and there if the Defendant appear not the Goods or Money may be Condemn'd The Attachment is entered in the Office as Actions are but with this Difference they enter the hour of the day when the Attachment is made for if many Attachments be made and come against one Man's Goods the first is first served He whose Goods are attached in another Man's hands may come and offer himself to Prison or put in Bail and dissolve the Attachment and after have a Writ of Priviledge though he render himself to Prison gratis because he was is there by Virtue of a Plaint But the Plaintiff may have a new Plaint against the Defendant and attach him by his Goods and then the Defendant may remove it by Certiorari and when the second Plaint is removed to the Common-Pleas the Justices shall Examine if the Goods were attached for Costs of Suit and then the Defendant may be discharged but if it be found by Oath that they were attached for Merchandizes or for any Cause than before it shall be Remanded But if the Party were in Execution in London and afterward Suit is commenc'd in the Common-Pleas A Writ shall go to the Mayor and Sheriff to have the Prisoner there and make an Attorney and then he shall be sent back but if he were impleaded in the Common-Pleas and afterwards Arrested in London and the Mayor's Court send for the Party he shall be Discharged of the Suit in London by the Priviledge of the Mayor's Court M. 38. Hen. 6.12 P. 2. When an Attatchment is made in the Hands of a third Person there after a Default the Defendant within a Year and a Day may put in Sureties to Answer the Plaintiff the Duty or may render his Body to Prison if he cannot find Sureties and therefore in a Writ of Priviledge after he had yielded his Body to Prison he was Bailed because the yielding his Body to Prison was after the Suâ—t in the
till the Morning and such as refuse to obey they may levy Hue and Cry in pursuit of them And where they resist if the Watchmen beat them it is justifiable and to secure them they may put them into the Stocks or Cage till the Morning and then if they give a good account of themselves or that no further Suspicion appear but that they may be honest people they may let them go but if otherwise then they are to deliver them to the Constable who is to convey them before a Justice to be examined who may commit them bind them over or utterly discharge them according as he finds Cause The Watch in this Case is to Apprehend such as Ride or go Armed Scouts Evesdroppers Noctivagrants Night-walkers and all sorts of Rogues and Vagabonds c. 1 Dalt Chap. 60. Folio 140. 5 Hen. 7. 5. 5 Edw. 3. 14. The Watch so set by Authority must be Men Healthy and of able Bodies and do their Duty sufficiently Armed and no person not being an Inhabitant within the Town or Parish where the Watch is kept can be compelled to Watch. The Inhabitants are to take their Watching in turns as it comes to them by the Number of Houses as the Custom of the place has been and may not by compelled out of order by the Constable to do it If any Inhabitant be lawfully Warned in his Turn by the Constable to Watch and refuses it he may Present him at the next Sessions or Assize or to make his Complaint to a Justice of Peace who has Power to bind him over to his good Behaviour and so continue him to the next Assize or Sessions to answer the Contempt and this is the surest way though Dalton holds the Constable Ex Officio may set him in the Stocks for such Contempt If a Constable or any private person do make a Refusal to attend on a Justice of the Peace being so Requested to do in order to remove a Force or convey any party to the Goal for such a Neglect of his Duty he may be Imprisoned and over and above Fined to the King 15 Rich. 2. Chap. 2. Dalt Just P. Chap. 22. Folio 57. CHAP. LX. The Office of a Constable relating to Hedge-breakers Destroyers of Vnderwoods c. THE Constables Headboroughs Tything-men c. are Impowered to Apprehend or cause to be Apprehended any such persons they suspect to have carried away any Burthens or Bundles of Poles Underwood young Trees or the Bark of any Trees Pales Rails Gates Posts Hedge-wood Broom Furzes or any Bundles of Wood c. And by Warrant under the Hand and Seal of one Justice may enter into the House or any place belonging to the House of such Offender or person suspected and where they shall find any such Wood c. To Apprehend the party suspected for cutting the said Wood and those in whose Custody it is found and to carry them before a Justice of Peace in order to be examined and if no sufficient Account can be given how they Lawfully came by it or shall not within a Time Limited prove who he bought it of then shall he stand Convicted of cutting and spoiling Wood within the Statute of 43 Eliz. and for the first Offence shall give such Satisfaction to the Owner as the Justice shall appoint and over and above pay to the Poor where the Offence was committed such Summ as the Justice shall Amerce him in not exceeding ten Shillings and for Non-payment the Justice has Power to Commit the Offender to the House of Correction for a limited Time as he shall think fit not exceeding one Month or at his Discretion to be Whipped by the Constable or other Officer For the second Offence the Offendor is to be sent for one Month to the House of Correction and there to be held to hard Labour and upon a third Offence to be Punished as an incorrigible Rogue 15 Caroli 2. Chap. 2. If any Person procure for Mony any Burthen of Sticks Wood or Under-wood c. of such Persons as may reasonably be suspected to have gotten them Unlawfully and a Complaint be made to a Justice of the Peace and it appear upon Examination that the Wood so bought was Unlawfully come by the Justice may compel the Party who bought it to pay treble the value to the proper Owner and for want of such Payment upon Warrant granted the Constable may Levy it by Distress and Sale of Goods rendring the over plus to the Owner if any there be and in defect of wherewith to make Distress to Commit the Party to the Goal at his proper Charge to continue there for the space of a Month not liable to Bail 15 Caroli 2. Chap. 2. ☞ Note that by Virtue of this Statute no Person is to be punished that for the same Offence has ben punished by a former Law and every Offender to be brought within the force of this Statute must be Prosecuted within 6 Months after the Offence is committed CHAP. LXI What is required of a Constable in the Performance of his Office in case of Landlord's Distraining for Rent c. ACcording to the late Act made the 1st Day of June in the second Year of W. and M. 1690. If a Distress be made on the Premises and the Tenant or Owner of the Goods or Chattels so Distrained do not within five Days after the Distress made and notice thereof given with the cause of such taking left at the chief Mansion-house or most noted Place on the Premises charged with the Rent for which the Distress is made Replevy giving sufficient Sureties to the Sheriff according to Law That then the five Days expired the Person so distraining has Power with the Sheriff Under-Sheriff of the County or with the Constable of the Hundred Parish or Place in which such Distress shall be taken who by this Statute are required to be Aiding and Assisting to cause the Goods and Chattels so taken in Distress to be Appraised by two Sworn Appraisers whom the Sheriff Under-Sheriff or Constable are by this Act Impowered to Swear to Appraise the same truly according to the best of their Understandings And such Appraisement made Seisors may lawfully Sell and Dispose of the Goods and Chattels for the best Price that may be gotten for the same towards Satisfaction of the said Rent for which the Distress is made and of the Charges of such Distress Appraisement and Sale leaving the over-plus if any be in the Hands of the Sheriff or Under-Sheriff or Constable for the Use of the Owner And the â—oods being left on the Premisses till Sale can be made as aforesaid upon any Pound Breach of Corn c. or Rescues of Goods or Chattels Distrained for Rent the person or persons thereby Aggrieved shall upon a special Action of the Case for a Wrong thereby sustained recover his or their Treble Damages and Costs of Suit against the Offendor or Offendors of such Pound Breach or Rescues any or either
Registring them But the Churchwardens of their own accord may oftner make their presentments Canon 116. One of the Times of presentments is ever to be about a Fortnight after Easter and at that time they are to resign their Office to the Succeeding Church-wardens and the new ones cannot be Sworn be fore the old ones have given in their presentments and every Parson Vicar or in their Absence their Curates in the said presentments are to joyn with the Churchwardens c. And upon the Refusal of the Churchwardens to make presentments the Parson Vicar or their Curates in their Absence may make their presentments to their Ordinaries at all such Times and when else they shall think fit Cannon 113 118. It is provided that no Churchwardens Sidesmen or Questmen shall be cited or called but only at the Times limited to appear in the Ecclesiastical Court or before any Ecclesiastical Judge whatsoever for refusing to present any Faults committed in their Parishes at other times and by the Ecclesiastical Law punishable nor be further troubled after their Presentments delivered at the usual Times unless it manifestly appear they have wilfully neglected and wittingly omitted for Favour Affection or otherwise to present some one or more notorious Crime or Crimes or upon just Cause arising to call them in order to Explain their former Presentments and the Ordinary in case of such wilful Omission may proceed against them as in the Ecclesiastical Courts in case of wilful Pejury the Law has provided Can. 117. CHAP. LXXIII The Grounds of Presentments or usual Articles given whereon to Found their Presentments that the Churchwardens may know what to do in this Case 1. WHether the Church Chancel Bells and Ropes be in good Repair The Lord's Prayer Ten Commandments and Creed be drawn in fair Letters what Assessments are made for the Repair of the Church and the Names of such as make Default in paying them whether there be a Communion Table Carpet and Font in the Church and all other necessary and useful Ornaments in Church and Churchyard whether the Parsonage-house and Out-houses are in good Repair 2. Whether the Parson Vicar or Curate Read the Common-prayer at Morning and Evening Service with his Surplice or Preach every Lord's Day Read Homilies Catechise keep Perambulation Preach sound Doctrin and use no Seditious Expressions against the Government whether he Celebrate the Lord's-Supper at least three times every Year once to be at Easter whether he Baptize Infants with Godfathers and Godmothers Bury the Dead according to the Form prescribed in the Book of Common-prayer Preach in his Gown Visit the Sick and Pray with them whether he Marry Clandestinely that be a Sober-Man live Chastly and be a Peace-maker in his Parish whether once every Year at least he Read the Canons to the Parishioners and twice every Year the 39 Articles 3. Whether the Parishioners at due Age resort to the Parish-church to hear Divine Service and there Reverently and Decently behave themselves whether any Work or Sell Wares on the Lord's-day c. Whether Vintners Inn-keepers or Ale-house-keepers keep Tipling in their Houses on the Lord's-day 4. Whether any be Married within the prohibited Degrees or be Adulterers Fornicators Swearers Drunkards Blasphemers Sorcerers c. whether all the Parishioners above 16 Years receive the Communion at least thrice in the Year Easter to be one time whether any unseasonably keep their Children from being Baptized or Women decline the usual Time of being â—hurched after their Delivery whether any â—â—ing not their Dead to be decently Buried after 〈◊〉 Service of the Church whether any have â—â—en Married without the Publishment of Banns 〈◊〉 License or at unlawful Hours whether their â—â—spitals Alms-houses Schools or Spittles if 〈◊〉 belong to them be well and Godly used 〈◊〉 any thing detained from them what Leâ—â—cies are given to Pious Uses and if the Paâ—â—shioners are orderly placed in their Seats without â—â—ntention 5. Whether the Parish-clark or Sexton be â—â—ly chosen can Write Read make the Reâ—â—ses and be an honest Man If the School-â—aster Usher Physician Chyrurgeon or Mid-â—ife if any be in the Parish Teach or Practise â—ithout License whether the Churchwardens 〈◊〉 duly chosen in the Week after Easter by the â—â—â—ister and Parishoners according to the Caâ—â—â— or Custom whether the old Churchwarâ—â—ns have been careful to keep the Church in â—epair to keep and carefully secure all Furniâ—â—re belonging to the Church c. And whether 〈◊〉 the middle of Divine Service they walk out 〈◊〉 the Church to visit Taverns Inns Ale-houâ—â—s c. where Tipling may be used and to see â—ho are Loytering or Exercising any Sports on â—he Lord's-day These are the chief things to be presented that other Matters may occur are rather Acâ—â—dental than Certain and therefore these may â—ell suffice for the Churchwardens Instructiâ—n CHAP. LXXIV Several Nice Matters laid down for the Instruction of Church-wardens in their Office and Duty c. IF a Bell be broke the Church-wardens may have an Action against him that so broke it or caused it to be broken and recover Damages to the Use of the Parish If any one take the Organs out of the Church the Church-wardens may bring an Action of Trespass for the Organs appertain to the Parishioners and not to the Parson so no Action will lye in the Parson's Name nor can he Sue the Party that took them in the Ecclesiastical Court The Church-wardens have no Action at Common-law to recover a Legacy never in their Possession But for any Goods and Ornaments of the Church being once in their Possession or Custody they may maintain an Appeal of Robbery against any one or more persons that Steals them and an Action of Trespass against him that does without Right take them away even against the Parson or Vicar so offending and the Damages so to be recovered against such Offenders shall be converted to the Use of the Parish But if it so fall out that those Church-wardens from under whose Custody the Goods were taken chance to Die before they have brought any such Action the succeeding Church-wardens have no Right by Law to bring an Action for the same Goods If a Church-warden presents that any Parishioner certifying his Name is a Railer common Dâ—â—turber or sower of Discord among the Neighboâ—â—s unless it be done in the Church or Church-yard a Prohibition lies if the Presentment be made in the Ecclesiastical Court because it is the Leet and not in the Church-warden if the Offence be committed elsewhere that is to present it If a Suit be commenc'd by the Church-wardens in the Court Ecclesiastical for a Church-way claimed as a Right belonging to all the Parishioners by Prescription here a Prohibition lies it is a Temporal Case and not in the Jurisdiction of the Spiritual Court If any one be Sued in the Ecclesiastical Court for refusing to Feast and Entertain the Church-wardens and those that go with them in their Perambulation or Procession