incontinency or common harbourers and entertainers of Whores Rogues or Thieves or common Robbers of Orchards or have sold Ale or Beer without License and contrary to the command of the Justices of the Peace or are idle persons wandring up and down fare well and spend much in Ale-houses and having no known and visiblâ— estate to maintain it or that I S. hath begotteâ— a bastard child on the body of the said M. anâ— that the same is like to be chargeable to the Parish of Dale or that he had his hand in the sending away of L M. the reputed Father of a bastard child there left to the charge of your Parish These are therefore to authorize and require yoâ— and every one of you forthwith to cause to come and in case of refusal to apprehend and arrest the said I S. and M. and them to bring before me or some other Justice of the Peace of this County â—â— the end that they may find sufficient Sureties fâ—â— their appearance at the next General Sessions of the Peace to be held for the County of Gloucest and in the mean time to be of good behaviour towards our Lord the King and all the People of this Commonwealth And if they shall refuse â—â— do the same that then you carry c. as in the last to the end And hereof c. 3 Glouc. ss Another of the same W S. c. To c. These are to require you that immediately upon sight hereof you cause to come or bring before me I S. of c. to answeâ— to such matters as on the behalf of the Kings Majesty shall be objected against him by the complaint of M M. And also that you require him tâ— bring Sureties with him for his good appearing tilâ— the next General Sessions of the Peace to be held for the County of Glouc. And hereof c. 4 Glouc. ss For the reputed father of a bastard child W S. Esquire c. To the Constable of c. Whereas it is proved before me that M S. of c. single woman is with child of a bastard child and that I S. is the reputed Father of it These arâ— therefore to authorize and require you and everâ— of you that presently upon the receipt hereof yoâ— cause to come or bring the said I S. and M S. before me or some other Justice of Peace of this County to find sufficient Sureties as well for their appearance c. as in the last And hereof c. 5 Glouc. ss Against one indicted W S. c. To c. It appearing to me by the Records of the Sessions of the Peace for this County that I S. of your Parish of D. stands indicted there for selling Ale and Beer contrary to the command of the Justices of the Peace And that he hath not as yet appeared nor pleaded to the same indictment and that the same is still depending and in force against the said I S. These are therefore as in the last And hereof c. And thus may any Justice of Peace do upon any Indictment for such an offence as for which a man doth deserve to be bound to the good Behaviour as for Incontinency common Swearing common Drunkenness and the like 6 Glouc. ss Another very short for the good Behaviour W S. c. To c. I S. of your Parish of D. being duly convicted before me of such matter of misbehaviour as for which he ought to be bound with Sureties for his good behaviour These are therefore c. as in the rest This last Warrant may serve in any case or for any cause whatsoever for which a man is to be bound to the good Behaviour unless it be where the offender is to be bound for a limited time onely And then the Warrant may say I S. being convict before me of such an offence for which he is to be bound to the good Behaviour seven years These are c. as in the rest but say To the end he may be bound with Sureties c. for seven years c. And hereof c. A Warrant for the Peace upon a Supplicavit G M. one of the Justices of the Peace of our Soveraign Lord the Kings Majesty within the County of L. To the Sheriff of the said County the Constables of the Hundred of W. the Borsholdeâ— of the Town of M. and to all and singular the Kings Majesties Bailiffs and other Ministers as well within Liberties as without in the said County and to every of them Greeting Know ye that I have received the Commandment of ouâ— said Soveraign Lord in these words reciting the whole Writ of Supplicavit which many times differs in form because it is sometimes directed to all the Justices of Peace sometimes to them and the Sheriff and sometimes to one Justice alone or reciting onely the effect of the Supplicavit thus Know ye that I have received the Commandment of our said Soveraign Lord to compel A P of M. in the said County Yeoman to finde sufficient Surety for his Majesties Peace by him to be kept towards C D. of the said Town of M. Tailâ—r And therefore on the behalf of our said Soveraigâ— Lord I command and charge you joyntly and severally that immediately upon the receipt hereof you cause the said A B. to come before me aâ— M. aforesaid to find sufficient Surety and Mainprize for the Peace to be kept towards our said Soveraign Lord and all his liege People and especially towards the said C D. And if he the said A B. shall refuse thus to do that then you him safely convey or cause to be safely conveyeâ— to the next Gaol of his Majesty in the said County there to remain until that he shall willingly do the same so that he may be before the Justices of the Peace of our said Soveraign Lord within the said County at the next General Sessions of the Peace to be holden at N. there to answer to our said Soveraign Lord for his contempt in this behalf And see that you certifie your doing in the premisses to the said Justices at the said Sessions bringing then with you this Precept Given at M. aforesaid under my Seal c. The Return upon the back of the Supplicavit may be thus The Execution of this Writ appeareth in a certain Schedule to the same Writ annexed Then may that Schedule be thus I G M. one of the Keepers of the Peace of our Lord the King in the County of L. certifie into the Chancery of our said Lord the King That by vertue of that Writ unto me by C D. in the same Writ named being first delivered personally before me such a day and year have caused to come A B. in the said Writ named and the same A. have compelled to find sufficient Surety and Manucaptors for the Peace according to the form of the said Writ In testimony whereof to this my present Certificate I have set
of I K. of your Parish or robbed his Orchard of Apples or cut his Hedges Pales or Fences or digged and pulled up his Fruit-trees or cut and spoiled his Trees and standing wood in Dale aforesaid to the value of ten shillings and that I B. of your said Town Butcher hath procured and abetted him so to do and received from him and bought of him divers of the same things to the great damage of the said I K. contrary to the Act of Parliament in that case provided I do therefore hereby require and order that the said I S. This is grounded upon 43 Eliz. chap. 4. shall within eight days after notice to him given of this Order pay to the said I K. ten shillings and that the said I B. do within three days after notice to him given of this Order pay to the said I K. twenty shillings in recompence to him for his wrongs aforesaid And that these payments be made in the presence of the said Constable hereby commanded upon request to see it done And hereof you are forthwith to give them notice and if either of them shall not pay the same that then you give me notice thereof to the end that they may be whipped according to the Statute in that case provided And hereof c. Dated at D. c. We think it not safe to give a Warrant to the Constable for non-payment to whip for how shall the Constable take conusance of it or the offender be convicted of it But rather let the Justice give his Warrant at first to whip him after this manner 3 Glouc. ss W S. c. as in the last to those words in that case provided Wherefore the premises considered and that I judge the said offenders I S. and I B. unable to make satisfaction for the said wrong I do hereby order that they be forthwith committed to you the said Constable of Dale to be whipped the which you are hereby required forthwith to do at your peril Given at L. in the said County under c. The Officer is here to be punished by imprisonment for his neglect if he do it not But how he shall be convicted of the offence out of a Sessions and by Indictment we know not any way and therefore offer no Presidents of Warrants for this 4 Glouc. ss For unlawfull weights and measures W S. Esquire c. To the Churchwardens and Overseers of the Poor within the Parish of D. in the County of G. and to every of them I S. of your Parish of D. being lawfully convicted before me for selling by unlawfull weights or unlawfull measures and that he the first day of May last at Dale aforesaid sold a pound of Currants Either of them wâ—ll serve by a pound weight or for selling a yard of Holland by a yard not being according to the Standard of the Exchequer contrary to the Act Grounded upon 16 Car. 19. of Parliament in that case provided whereby he hath forfeited to the use of the Poor of your Parish five shilling to be levied by the Churchwardens and Overseers of the Poor The Church-wardens and Overseers are to do it without Warrant These are therefore to give you notice hereof and that you and every of you are by your Office forthwith to levie the same five shillings of the goods of the said I S. by distress and sale thereof rendring to him the overplus And in case you do receive the same money that you do imploy it to the use of your Poor and give account thereof in the end of your year accordingly And hereof c. Another Either of them is sufficient W S. c. To c. I S. c. being lawfully convicted before me that he such a time and place did keep in his house or shop a pound weight whereby he did usually buy and sell or for keeping a yard-measure whereby he did usually buy and sell the same not being according to the Standard of the Exchequer c. We know no other Warrant touching this matter to be made by the Justices of the Peace out of their Sessions of the Peace For shooting in Guns If any man desire to put the Laws in execution against any man for shooting in a Gun he may see the form of the Warrant and course of proceeding in Daltons Just of Peace Chap. 126. CHAP. XX. Of Recognisances and Bail and Mainprise 1. Recognisance what it is A Recognisance is a Bond of Record testifying that the Recognisor doth owe a certain sum of money to our Soveraign Lord the King with Condition that the Recognisor shall do some other thing for the which he is bound in that sum in the nature of a penalty Wherein these things are to be known 1. Justices of the Peace do take Recognisances for the Peace good Behaviour to bind men to appear at the Assizes at the Sessions and for many other causes And for this any one Justice may do it But to Bail a Prisoner for Felony take a Recognisance of an Ale-house-keeper and de some other things there must be two Justices to do it and one alone cannot do it 2. What sum the parties shall be bound in or what Sureties the Recognisor shall have to be bound with him it is left to the discretion of the Justice or Justices that doth take the Recognisance in cases where the Law doth not set down the certainty as in some cases it doth and there they must not vary from what is prescribed in the persons bound sum or manner of the Recognisance But for the Peace and good Behaviour appearance at the Assizes and Sessions to give Evidence and the like the Justice may bind with what Sureties and in what sums he pleaseth 3. It is said that Justices of Peace cannot bind over an offender against a penal Law within their conusance not within the Commission of the Peace nor committed to the power of any Justice of Peace except it be in a special case where the Law it self doth enable them to do it 4. All such Recognisances must be made to our Soveraign Lord the King himself and to none other and in his own name 5. The Justice of Peace need nâ—t affix his Seal to the Recognisance but he must put his Name to it and then it is good enough Of Bail and Mainprise Bailment what it is BAilment or Mainprise which is one kind of Recognisance is the saving or delivering of a man out of prison before that he hath satisfied the Law by taking Surety of him that he shall appear and do it Wherein these things are to be known 1. The Justice of Peace must not bail one that is not bailable by Law And on the other side he must bail him that is bailable by Law or he may be punished 2. In case of Felony there must be two Justices of Peace and they two together present with the Felon to bail him 3.
he shall continue with you and be in his good health you do hold him to work and punish him by putting fetters and gyves upon him and by moderate whipping of him And that you give him no more for his maintenance then what he shall deserve or earn by his labour And that you have the said I S. and this Precept at the said next Quarter Sessions A Mittimus of a vagrant or disorderly person 9 Glouc. ss W S. c. We have sent you herewithal the body of E C. of G. in this County being an idle dissolute and disorderly person and one that liveth idlie and wandreth begging about the Countrey and brought before us by the Constable of Dale whom you are hereby required to receive and him to keep in your Bridewel to work until he shall be from thence duly delivered by order and course of Law And in the mean time you are to keep him to work and see to it that he have no more for his maintenance then what he can get by his work And hereof c. A Mittimus for one thae runneth away and leaveth her Charge to the Town 10 Glou. ss W S. c. We have sent you herewithal the body of I L. of W. in the said County single woman being lately delivered of a child and one that is able to labour and thereby to relieve her self and her said child and hath notwithstanding lately run away and left her child upon the Parish to the charge of the same Parish contrary to the Statute in that behalf provided These are therefore to require you to receive her c. as in the last W S. c. We send you herewith the body of I S. of c. for that she being a poor woman able to work and having a great charge of children and like to charge the Parish she doth threaten to run away from her charge and leave it to the Parish These are therefore c. as in the last A Mittimus of the Mother of a Bastard-child 12 Glou. ss W S. We send you herewithal the body of I C. of W. in the said County single woman lately delivered of a Bastard-child likely to be chargeable to the Parish of W. aforesaid and for that the said I C. is able to labour and that thereby she may the better relieve her self and her said child These are to require you to receive the said I C. in your Bridewel there to be punished and set on work during the term of one whole year acccording to the Statute in that behalf provided Observations upon these three last Presidents These three last Mittimus being grounded upon 7 Jac. 4. it is good to advise upon them for the Statute doth not prescribe any way of Conviction unless it come under the general words of 39 Eliz. 4. that these be taken for idle and disorderly persons for that being proved before by two witnesses before two Justices one of them being of the Quâ—rum this is a Conviction of Law For a Mittimus for a forcible Entry see it in Chap. 6. CHAP. XXII About a Supersedeas The Form of Supersedeas 1 Glouc. ss W S. To the Sheriff Bailiffs Constables and other the Officers and Ministers of our Lord the King for the keeping of the peace within the County of Gloucest and every of them Forasmuch as A B. of c. hath personally come before me at Dale in this County and hath found sufficient sureties that is C D. of c. and E T. of c. either of which hath undertaken for the said A B. under pain of ten pounds a piece and he the said A B. hath undertaken for himself under pain of twenty pound that he the said A B. shall well and truly keep the peace towards our Lord the King and all his people especially towards G F. of c. Yeoman and also that he shall personally appear before the Justices of the peace of the said County at the next general Sessions of the peace to be held for the same County Therefore I command you and every of you that you utterly forbear and surcease to arrest take â—mprison or otherwise by any means for the said cause to molest the said A B. And if you have for the said cause and none other taken or imprisoned him that then you do cause him to be delivered and set at liberty without further delay Given at Dale aforesaid under my Hand and Seal c. Another for the same 2 Glouc. ss 2. For the Peace W S. Esquire c. To the Sheriff of the County of Glouc. c. and to all Constables c. Forasmuch as I S. of c. hath come before me and found sufficient surety that he shall keep the peace towards our Lord the King and all his people especially towards I K. of D. aforesaid and that he shall personally appear before the Justices of the Peace of the said County at the next general Sessions of the peace to be holden for the said County Therefore I require and command you and every of you that you do altogether forbear and surcease to attach arrest or imprison him the said I S. or otherwise to molest him by any means for the said cause And if you have upon any Precept for the peace and for that cause and none other already taken and imprisoned him that then you do cause him to be delivered and set at liberty without further delay And this shall be your Warrant Given c. For a Felony There may be a Supersedeas in case of Felony where the prisoner is bailed thus Because A B. of c. hath come before us c. and put in sufficient bail to be before c. to answer the Felony wherewith he is charged c. Or thus 3 Glouc. ss W S. c. To c. Forasmuch c. I do therefore require you that from compelling and imprisoning the said A. and his Wife or either of them any security for the peace towards our Lord the King and all the People of this Common-wealth before you or any of you again to find you do supersede or cause to be superseded And if c. that then you do immediately them out of such prison in which they or either of them are detained deliver or cause to be delivered c. Observations upon these Warrants This last Supersedeas is good though it name â—either the sureties nor the sums wherein they are bound but it is held the better Form to express both 4 Glouc. ss Upon a Supplicavit against an Infant W S. To the Sheriff c. Know ye that I have received a Writ of our Lord the King in these words Charles c. reciting all the Writ word for word Forasmuch as C D. of c. and E F. of c. and the said A B. being the Infant against whom the Writ of Supplicavit was granted have personally
S. Esquire c. to the Constable of Dale Whereas c. 6. The Warrant may be directed to any Officer as the Sheriff his Bayliffs Constables Tything-men or to others that are no Officers thus To the Sheriff of the County of G. or to the Bayliff Itinerant of the County of G. or to the Bayliff of the hundred of R. or to the Constable of the hundred of R. in the County of G. or to the Constable of the Town or Village of Dale or to the Tything-man of Dale as the Officer there is called if it can be known Otherwise the best way is to direct it to all the Constables and Tything-men of Dale within the County of G. and every of them Or it may be directed to all these Officers together to the Sheriff and to all Bayliffs High-constables of Hundreds and Constables and Tything-men of Towns and Parishes within the County of G. and every of them jointly and severally Or it may be directed to these Officers and to others that are no Officers together Or to them that are no Officers alone thus To I S. and W S. both of Dale in the County of Glouc. and to either of them But this must be understood of Warrants of the Peace good Behaviour and such like Warrants wherein the Justice of the Peace is left at liberty to direct his Warrant to whom he will For if the Law doth direct him to whom he must send his Warrant as divers Acts of Parliament do some of them appointing him to direct his Warrant to the Constables some to the Constables and Churchwardens some to the Churchwardens some to the Constables or Churchwardens some to the Churchwardens and Overseers of the Poor He in these cases that makes the Warrant must take great care that he do pursue the direction of the Statute punctually for it is dangerous to vary from it ever so little And therefore the Title set down in the Presidents for the Warrants must be followed and not altered And when the Title of direction is to more then one there it is good to add these words And to every of them and to say in the body of the Warrant These are to authorize and require you and every of you But the best way is to direct it to the common and known Officer which is the High-Constable of the Hundred or Constable of the Town in all cases where it is left to the Justice of Peace to direct it to whom he please 7. The word greeting To I S. c. Greeting used in Warrants may be left out so may these words of Addition To the Justices of our Lord the King assigned to keep the Peace and to hear and determine Felonies c. and it is enough to say Justices of the Peace of or within the County of Gloucester 8. It is not amiss to say the place wherein the Officer dwels to whom the Warrant is directed is within the County To the Constable of Dale within the County of Gloucester And so of other places named within the Warrant to say they are within the same County 9. It is not amiss if the Warrant recite a Conviction of an offence to let it express where the offence was done thus I S. being convict before me that he was drunk at Dale in this County because in many cases the forfeiture is given to the poor of the place where the offence is done 10. It is good also now to express the time when the offence was committed thus I S. being duly convict before me that he was drunk at Dale in this County the first day of May last or within three moneths last past or since the first of May last past that it may appear the offence was done since the general Pardon and in some cases this is if not necessary yet very convenient when the offence is by the Law to be punished within a certain time or not at all there it is good to say that the offence was done within that time 11. It is good also to express the place of the making of the Warrant and it must be some place within the County thus Dated at Dale given under my Hand and Seal at Dale in the same County But if it say it was dated at one place and be dated at another place yet the Warrant is good and it shall be taken to be dated where the Warrant doth say it was dated 12. The day and year also being the time of the making of the same Warrant must be expressed in the Warrant 13. The Warrant being a Warrant of Arrest may be to require the Officer to bring the offender before the Justice that makes the Warrant or before him or some other Justice of the County and either of these forms is good but the best form is to require the Officer to bring him before the Justice of Peace himself that made the Warrant 14. In every Warrant for the Peace or good Behaviour where Sureties are to be found or required the Warrant ought to contain the special cause or matter to the intent that the party arrested may be provided with Sureties But if it be for some great crime the cause may be concealed 15. In every Warrant to command an Officer to carry a man to Goal it is not amiss to insert a clause at the end of the Warrant to command the Gaoler to receive him to this purpose That you him convey to the common Gaol of this County and him deliver to the Gaoler or his Deputy there who are hereby required him to receive and detain in their custody as a Prisoner until he shall be from thence delivered by a due course of Law 16. There is a necessity in it that the Justice of Peace do subscribe his name to his Warrant But that he should put to his Seal in every case is not needfull for in a Warrant of the Peace or good Behaviour it is not needfull nor where an Act of Parliament saith That the Justice by Warrant or by Warrant under his hand may do such a thing But if the Law say He may or shall do it by Warrant under his Hand and Seal there the Warrant must be under his Hand and Seal or it is not good And therefore heed must be given to our Presidents herein where we say Given under our Hands and Seals and in those cases the Justice must put his Hand and Seal to the Warrant or it is not well done And for this cause we do advise the Justice to put his Seal to every Warrant 17. There is little difference between a Warrant of Commitment and a Mittimus for both are to do one thing and they differ a little onely in the form It will be easie therefore to make one of them by the other 18. It is usual to grant Warrants against offenders upon penal Laws to bind them over to Sessions before they be indicted of the offence in cases where there is no special
appeared before me the said W S. and the said C D. and E F. have undertaken for the said A B. who is within the age of 21 years to wit either of the said manucaptors in twenty pounds a piece which each of them have acknowledged to owe to our said Lord the King by way of Recognisance to be levied on their lands and tenements goods and chattels to the use of our said Lord the King to wit that the said A B. no damage or ill shall do or procure to be done to any of the people of this Commonwealth in their bodies or burning of their houses and especially to T R. Therefore I require you and every of you to forbear c. as in the rest This may also be to stay proceedings of Arrest or Imprisonment against a man upon good Behaviour or upon a Capias upon an Indictment for Trespass or the like thus 5 Glouc. ss W S. To c. Forasmuch as I S. of c. came before me this first day of c. at Dale in this County and hath found sufficient Manucaptors to be at the next General Sessions of the Peace to be held in this County before the Justices of the Peace there to answer to our Lord the King of certain trespasses contempts and offences whereof he is indicted Therefore I command you c. as in the rest CHAP. XXIII Of a Liberate 1 Glouc. ss W S. c. To the Keeper of the Gaol in the Castle of Gloucest Forasmuch as I S. of c. hath before us found sufficient mainprise to appear before the Justices of the Gaol-delivery at the next general Gaol-delivery to be holden in the said County there to answer the things that shall be objected against him touching the felonious stealing of two sheep for the suspicion whereof he was committed to your Gaol These are to require you in case he be there detained in prison for this and no other cause that you forthwith deliver him and let him go at large Given under our Hands c. 2 Glouc. ss W S. c. To the Keeper c. I S. being by me committed to your custody in your Gaol till he put in sureties for the peace or good behaviour as the case is These are c. as in the last Observations on this If one Justice of his own head commit a man to Gaol or Bridewel he may again deliver him and he need not shew the cause or if it be for the peace or good behaviour to tell the Keeper that he hath taken Sureties we think it safe for a Keeper to have this from a Justice always when he delivers his prisoner By these other Liberates may be made Of a Release I have seen a Release of the Peace by a Justice of Peace that took it and Presidents of Releases of the Peace and good Behaviour but I understand not of what use they are for the party must appear onely the Release of the Peace c. is an evidence that the Prosecutor is not afraid of him and therefore the Court will not probably continue him bound CHAP. XXIV Of a License and Testimonial 1 Glouc. ss To sell Ale W S. and I S. Two of the Justices c. Know all men by these presents That we do hereby license I M. of c. to keep a common Ale-house in L. aforesaid in the house there where he now dwelleth for one whole year next ensuing the date hereof so that he do not during that time suffer any unlawfull Games to be used nor any evil rule or disorder to be done in the same house Dated c. So to brew and sell Beer and keep a common Alehouse c. 2 Glouc. ss To travel on the Lords day W S. c. To all c. I S. of c. where he now liveth having informed me that he had a Father living at D. in the County of S. where he lieth now very sick and he hath a desire to visit him Now know ye that for this cause I do hereby license him to travel upon the next Lords day the direct way to him willing and requiring you not to molest him for the same so he behave himself orderly in his travel Dated c. 3 Glouc. ss Describe him To convey a Rogue I S. a sturdy vagrant beggar of low personage red haired c. and about twenty years was this first day of May openly whipped at W. in the said County according to the Law for a wandring Rogue and is assigned to pass forthwith from Parish to Parish by the Officers thereof the next straight way to P. in the County of W. where as he confesseth he was born or dwelled last for one whole year if the case be so and he is limited to be at P. aforesaid within ten days now next ensuing at his peril Given at W. under the Hands and Seals of W S. Esquire one of c. and I D. the Constable of W. aforesaid 4 Glou. ss For one that hath suffered shipwrack c. Soldier c. W S. c. one c. To all Constables Tythingmen c. Forasmuch as I am credibly informed that I S. the bearer hereof of low personage c. hath been at Sea and there the first day of May last suffered ship-wrack and hath not wherewith to relieve himself in his travel to the place of his birth or last dwelling These are to desire you to suffer him to pass the next way to the said place where he is limited to be within forty days next after the date hereof and not to trouble but rather to relieve him The like may be for a poor Souldier 5 Glouc. ss To travel W S. and I S. two of the Justices c. To all c. The bearer hereof I S. of c. having shew the cause of his travel desired our Testimonial or License for his safe travel to the City of B. shew whither he is to go wherefore we as much as is in us do license him to travel the direct way from H. in the County of G. to the said City so as his journey be not continued longer then twenty days next after the date hereof and pray you to suffer him to pass in peace so as he demean himself orderly And by these a Testimonial may be made for other things as for a Labourer in Harvest-time to go into another Countrey to work or a Servant departing at the end of his year CHAP. XXV Of a Certificate A Certificate of the Presentment or Verdict of the Jury may be made into the Kings Bench the like may be made of the Record of a Force viewed by the Justice These Certificates and the like may be made by the Justice of Peace by way of a Letter inclosing therein the Presentment of the Jury or the Record of the Justice except the same be removed by Certiorari the forms whereof see in the end of
power or direction given by the Statute so to do But we dare not advise men so to do being unsatisfied of the lawfulness thereof But we agree it to be clear and safe that after the offender is indicted of the offence and the Bill found or after the offence found by Presentment of the grand Jury to be bound over to the next Quarter Sessions to answer it and also to put in Sureties for his good Behaviour in the mean time if the offence for which he is indicted will warrant it As if he be indicted for selling Ale contrary to the Justices order or the like So also in cases where a Law doth give a special command and power to any Justice of Peace to bind over an offender to the Sessions as the Statute of 5 Eliz. 4. touching Masters and Apprentices the Law of 23 Eliz. 10. touching Hawking in eared or codded corn 1 Ed. 6. chap. 1. 23 Eliz. chap. 10. and some others do In these cases they may bind them over before Indictment But then it is best first to send a Warrant of Summons to call in the party offender before the Justice to answer the matter and then if he appear and he see no cause to forbear to bind him over to do it And if he do not appear then he may send for him and bind him over and bind him to the good Behaviour also for his contempt For which there are Presidents prepared amongst the Presidents set down in this Book 19. Where a Statute doth give power to a Justice of Peace to compel men to do any thing in order hereunto he may send his Warrant to require them to come before him and in case of their refusal proceed in the law 20. The Justices of the Peace may send their Warrants for any thing that doth relate to a special Sessions either to compel appearance or attendance there or execution of any thing there done under their own Hands if they plâ—ase or they may let it be done by the Clerk of the Peace as the business of the Quarter-Sessions is done 21. What may be done by the Warrant of one Justice of the Peace alone may be known by the penning of the President for if it be penned to be made by one Justice as W S. c. Whereas it hath been proved before me c. then you may be sure that one Justice of Peace alone may do the thing contained in the Warrant And where two are named there in most of the cases two are necessary 22. The same President that serves upon a conviction by witness will serve upon a conviction by view or hearing For I S. being lawfully convicted before me is appliable to either and will serve to both 23. It is a good close of every Warrant sent to an Officer to require him to give an account how he hath executed it after this wise And that you be then there with this Precept to give us an account of your execution of it Or thus And that you give me an account within fourteen days next following of your execution of my Warrat 24. Where a Statute is penned thus That the Constables or Churchwardens by Warrant from a Justice of Peace shall be enabled to do an act in this case we conceive the Justice may justifie the making of that Warrant 1. Warrants and Presidents which concern the exercise of the Office of a Justice of Peace out of the General Sessions are of several sorts viz. They concern either Treasons Felonies Misprisions Praemunires forcible Entries forcible Detainers Riots Routs and unlawfull Assemblies Security of the Peace and good Behaviour or other misdemeanors or offences of several sorts 2. As concerning Treasons and Felonies upon Information made of any Treason or Felony committed any one Justice of Peace may direct his Warrant to the Sheriff or to the High-Constables or Petty Constables or to all or any of them to make search for the Traytors or Felons and also for the stolen goods A Warrant to apprehend a Traytor may be thus A B. Esquire one of his Majesties Justices of Peace within the County of E. To the Sheriff of Comitat. Essex the said County and to all High-Constables Petty-Constables and other his Majesties Officers Greeting c. Whereas M N. and S T. are vehemently suspected to have committed Treason whereof I have received Information These are therefore in His Majesties Name straitly to charge and command you and every of you upon sight hereof without any delay within your several Bailiwicks Hundreds and Constablewicks to make diligent search for the bodies of the said M N. and S T. and them or either of them so found to arrest and attach and immediately upon such arrest to bring before me at my house at D. in the said County whereof you may not fail at your peril Sealed with my Seal and dated the first day of J. in the twelfth year of the Reign of our Soveraigne Lord King Charles the Second c. The like Warrant may be made for the apprehension of Felons mutatis mutandis When any such Traytors or Felons shall be so arrested and brought before the Justice of Peace the Justice must take the Examination of the Traytors or Felons in writing but not upon Oath and must examine them upon all circumstances whereof he shall receive Information from the Accusers and upon such other circumstances as he in his own discretion shall think fit for the discovery of the Treason or Felony The form of the Examination may be thus The Examination of A B. c. taken before me C D. one of his Majesties Justices of Peace in the County of M. the first day of S. in the twelfth year of the Reign of our Soveraign Lord Charles the Second by the Grace of God King c. The said Examinate being duly examined saith c. and so set down every particular answer that the prisoner shall make to the questions that shall be demanded of him This being done the Justice of Peace must take the Examination of the Accusers and such other as can give any Evidence material against the prisoner and their Examinations must be taken in writing severally and that upon Oath The form whereof may be thus The Examination of D E. taken before me G H. Esquire one of his Majesties Justices of Peace in the County of E. the first day of M. in the twelfth year of the Reign of c. This Examinate being duly sworn upon the holy Evangelists and examined upon his Oath saith c. and so set down at large all the material circumstances that he shall declare to prove the Treason or Felony This being done the Justice of Peace must make a Mittimus to convey the prisoner to the County Gaol several forms whereof you may see towards the end of this Book A Warrant for the bringing forth of Corn in the time of dearth To the Churchwardens and Overseers of the Poor of D. and to
by the Law he ought to have done whereby he hath forfeited ten shillings to the use of the Poor of the said Parish or to the use of the Bridewel of the County at our election These are therefore to require you to levie the same ten shillings of the goods of the said I S. by distress and sale thereof and to pay over the same money so by you levied to the Overseers of the Poor of the said Parish of Dale to be imployed to the use of the Poor there And hereof c. Given under our Hands and Seals c. To the High Constable of the Hundred of W. in the County of G. 5 Glouc. ss So â—s this W S. c. It being duly proved before us against I S. the Constable of Dale that he hath been negligent in his Office in the correction and convey of Rogues and Vagrants and that upon the first day of May last past one I S. a vagrant idle person being taken begging in Dale aforesaid and brought and offered to him to be punished he did not correct and pass him as by Law he ought to have done but did willingly suffer him to escape unpunished whereby he hath forfeited c. as in the last to the use as in the last to the end Given under our Hands and Seals To the High Constable c. as in the last 6 Glouc. ss Either of these are sufficient This is grounded on 39 Eliz. 4. W S. c. It being duly proved before us against I S. Constable of Dale that he hath been negligent in his Office in the correction and punishment of Rogues and Vagrants And that the first day of May now last past he sent one W K. a Rogue to be conveyed to the place of his birth by a general and illegal Pass or that one I K. a Rogue being passed according to the Law and tendred to him he did willingly refuse to receive him and did suffer him to escape or shift him away or did not pass him to the next Parish according to the Statute in that case provided by which he hath forfeited five pounds to the use of c. as in the last These are as in the last and to bind him to the good Behaviour Given under our Hands and Seals c. 5 Glouc. ss The like may be made against the Church-wardens and Overseers of the Poor for refusing to take one duly sent unto them thus That whereas one I W. a poor person was by a Sessions order sent to be setled in your Town and received there by the Churchwardens and Overseers of the Poor there I S. c. being then Overseers and tendred to them accordingly they wilfully refused To the Constables of Dale in the County of G. 6 Glouc. ss Upon 1 Jac. 7. It being duly proved before us that I S. of your Parish the first day of May now last past did entertain an unknown person a vagrant begging person at his doors and did not bring him to the Constable of the Parish as he ought to have done but gave him an Alms by which he hath forfeited ten shillings to the use of c. as in the last Given under our Hands and Seals To the Constable of Dale in the c. 7 Glouc. ss Upon 1 Jac. 7. It being duly proved before us against I S. of your Parish that one K L. a vagrant Rogue being apprehended corrected and duly sent to your Parish and delivered to the said F B. the Constable of the said Parish the said I S. did rescue and shift him out of the Constables hands whereby he escaped by which the said I S. hath forfeited c. as in the last Given under our Hands and Seals To the Constables of Dale 8 Glou. ss It being proved before us against I S. of your Parish and M. his Wife that they being able to work do threaten to run away out of the Parish and leave their Family to the Parish These are therefore to require you that unless they shall forthwith put in sufficient Sureties for the discharge of your Parish that you do forthwith apprehend the said I S. and M. his Wife and them to carry to the common Bridewel of the County in G. there to be dealt with and detained as sturdy and wandring Rogues until they shall be discharged by order of Law c. Given under our Hands and Seals All these eight Warrants but the fifth must be made by two of the Justices of the Peace and one of the Quorum and under their Hands and Seals 9 Glou. ss W S. c. To the Constables of Dale I S. of your Parish having left his Family on the Parish and being run away from them and being by you brought before me for an incorrigible rogue These are to require you to keep him safe till by order of two Justices of the Peace he shall be delivered Upon 7 Jac. 4. I am not satisfied in the safe granting of this Warrant because there is no way of conviction of the offence set down in the Statute on which it is grounded But for an incorrigible Rogue taken and brought before a Justice of Peace by a Constable in this case I take it warrantable Thus. 10 Glou. ss W S. and T S. c. To the Constable of Dale Forasmuch as I S. of your Parish being brought by you before me for an incorrigible Rogue was by me committed to you to be secured till by order of two Justices of Peace you were delivered of him These are now to require you him to convey to the common Bridewel and there to deliver him to c. there to remain till the next Quarter Sessions and till he shall be delivered by order of Law Given under our Hands and Seals Observations upon these Warrants In case where any are brought as Rogues or incorrigible Rogues to a Justice of Peace by an Officer as such as will not work or run from their Famâ—lies or have a Bastard Child like to charge the Parish or the like In these cases it seems the Justice may send them to Bridewel or to Gaol as the Law is There be noâ—â—ays of conviction set down by these Statutes for the Constable doth first apprehend and he must see that he have good cause to do it But I should choose rather to put them to find Sureties for their good Behaviour and send them to Gaol upon this account 11 Glou. ss It having been duly proved before me that I S. late of c. being an idle wandring person hath counterfeited a false Testimonial under the name of W S. supposing him to be a Souldier landed at Dover and that he was allowed to travel to the place of his birth c. whereas in truth he never was a Souldier neither did he land at Dover nor was he allowed to travel c. These are c. to bind him to the good Behaviour Or