requisite Process such and so many persons as by their Discretion have or shall have best experience in the Occupation of making of Tile to search or examin in the digging casting turning parting making whitning and anealing aforesaid § 1. N. 18. And if the same Searchers or any of them do find Indictment that any person or persons exercising the Occupation of Tile-making do offend contrary to this Ordinance that then the same Searchers shall present such Defaults before the Iustices of Peace at their next Sessions § 1. N. 19. And that every such Presentment shall be as strong and effectual in the Law as the Presentment of twelve men Enquest § 1. N. 12. And that the Iustices of Peace shall have power to examin Justices Enquire and determin the Defaults of such Searchers in the Premises in like form as above is ordained for the Defaults of Tile-makers Statuta Rich. 3. Bayl. BE it enacted 1 R. 3. Cap. 3. § 1. N. 2. c. that every Iustice of Peace in every Shire City or Town shall have Authority and Power by his or their Discretion to Let such Prisoners and Persons so arrested Viz. on malice or light Suspition of Felony to Bail or Mainprize in like form as though the same Prisoners or Persons were Indicted thereof of record before the same Iustices in their Sessions 3 H. 7. Cap. 3. § 1. N. 7. and 34 Ed. 3. 1. § 1. N. 6. Coron And that Iustices of Peace have Authority to Enquire in their Sessions § 1. N. 3. of all manner Escapes of every person Arrested and Imprisoned for Felony Fines And it is Ordained c. that a like Transcript of the same Fine Cap. 7. § 2. N. 1. viz. in C. B. shall be sent to the Iustices of Peace of the County where the said Lands c. be they to cause open and solemn Proclamation of the said Fine to be made at four general Sessions of the Peace to be holden the same year Statuta Hen. 7. Forest THE King our Soveraign Lord c. Ordained 1 H. 7. Cap. 7. § 1. N. 3. that at every such time as Information shall be made of any such unlawful Huntings viz. in Forests Parks and Warrens by night or with painted faces hereafter to be done to any of the Kings Counsel or to any of the Iustices of the Kings Peace of the County where any such Hunting shall be had of any person to be suspect thereof that then it shall be lawful to any of the said Iustices of Peace or Counsel to whom any such Information shall be made to make a Warrant to the Sheriff of such County or to any Constable Bailiff or other Officer within the same County to take and arrest the same person or persons of whom any such Information shall be had and to have him or them before the Maker of any such Warrant or any other the Kings said Counsel or Iustice of his place of the same County Justices And that the said Counsellor or Iustice of Peace afore whom such person or persons shall be brought § 1. N. 4. by his Discretion have power to examin him or them so brought afore the said Counsellor or Iustice of the said Hunting and of the said Defaults in that behalf Amercement And if he then confess truth § 1. N. 6. and all that he shall be examined of and knoweth in that behalf that then the said Offences of Huntings by him done be against the King our Soveraign Lord but Tresspass Finable by reason of the same Confession at the next general Sessions of the Peace to be holden in the same County by the Kings Iustices of the same Sessions there to be Sessed Enquest And over that 3 H. 7. C. 1. § 1. N. 4. viz. besides the Star Chambers Jurisdictions it is Ordained c. that the Iustices of Peace of every Shire of this Realm for the time being may take by their Discretion an Enquest whereof every man shall have Lands and Tenements to the yearly value of forty shillings at the least to enquire of the Concealments of other Enquests taken afore them and afore other of such matters and Offences as are to be enquired and presented before Iustices of Peace whereof Complaint shall be made by Bill or Bills as well within Franchis as without Amercement And if any such Concealment be found of any Enquest as is afore rehersed had or made within the year after the said Concealment § 1. N. 5. every person of the same Enquest to be Amerced for the same Concealments by Discretion of the same Iustices of the Peace the said Amercements to be Sessed in plain Sessions §. 1 N. 21. And also Iustices of Peace have Power to enquire of such Escapes Escape viz. of Murderers in the Day and that to certifie before the King in his Bench. § 1. N. 26. And also it is Ordained by the same Authority Peace that every Iustice of Peace within this Realm that shall take any Recognizance for the keeping of the Peace that the same Iustice do certifie send or bring the same Recognizance at the next Sessions of the Peace where he is or hath been Iustice that the party so bound may be called § 1. N. 27. And if the party make Default Justices the same Default then there to be recorded and the same Recognizance with the Record of the same Default be sent and certified into the Chancery or afore the King in his Bench or into the Kings Exchequer Cap. 3. § 1. N. 3. Wherefore the King c. hath ordained Bail c. that the Iustices of Peace in every Shire City or Town or two of them at the least whereof one to be of the Quorum have Authority and Power to Let any such Prisoners or persons mainpernable by the Law that have been Imprisoned within their several Counties City or Town to Bail or Mainprize unto their next general Sessions or unto the next Goal-Delivery of the same Goals in every Shire City or Town as well within Franchises as without where any Goals be or hereafter shall be 1 2 Ph. Mary 13. § 1. N. 2. § 1. N. 4. And that the said Iustices of the Peace or one of them Certificate so taking any such Bail or Mainprize do certifie the same at the next general Sessions of the Peace or the next Goal-Delivery of any such Goal within every such County City or Town next following after any such Bail or Mainprize so taken upon pain to forfeit unto the King for every Default thereupon recorded 10 l. § 1. N. 7. And that the foresaid Act viz. 1 R. 3 Cap. 3. § 1. N. 2. Joynder giving Authority and Power in the Premisses to any Austice of the Peace by himself be in that behalf utterly Void and of none Effect by
Authority of this present Parliament 4 H. 7. C. 12. Item The King our Soveraign Lord considereth that by the negligence Justices misdemeaning favour and other Inordinate Causes of Iustices of Peace in every Shire of this his Realm the Laws and Ordinances made for the politick-weal peace and good-rule of the same and for the profit surety and restful living of his Subjects of the same be not duly Executed according to the tenor and effect of that they were made and ordained for § 1. N. 2. Wherefore his Subjects been greivously hurt Prerog and out of surety of their Bodies and Goods to his great displeasure for to him is nothing more joyous than to know his Subjects to live peaceably under his Laws and to encrease in Wealth and Prosperity § 1. N. 3. And to avoid such Enormities and Injuries Peace so that his said Subjects may live restfully under his Peace and Laws to their Encrease § 1. N. 4. He will that it be Ordained and Enacted by Authority of this said Parliament Days that every Iustice of Peace within every Shire of this Realm within the Shire where he is Iustice of Peace do cause openly and solemnly to be proclamed yearly four times a year in four principal Sessions the tenor of this Proclamation to this Bill annexed § 1. N. 5. And that every Iustice of Peace being present at any of the said Sessions Justices if they cause not the said Proclamations for to be made in form abovesaid shall forfeit unto our Soveraign Lord at every time twenty shillings § 2. N. 1. Henricus Dei Gratia c. The King our Soveraign Lord considereth Execution how daily within this Realm his Coin is Traiterously Counterfeited Murders Robberies Felonies been greivously committed and done and also unlawful Reteyners Idleness unlawful Plays Extortions Misdemeanings of Sheriffs Escheators and many other Enormities and unlawful Demeanings daily grown more and more within this Realm to the great Displeasure of God Hurt and Impoverishing of his Subjects and to the Subversion of the Policy and good Governance of this his Realm for by these sad Enormities and Mischeifs his Peace is broken his Subjects troubled inquieted and impoverished the Husbandry of this Land decayed whereby the Church of England is upholden the Service of God continued every man thereby hath his sustenance every Inheritor his rent for his Land Process For repressing and avoyding of the said mischeifs sufficient Laws and Ordinances been made by Authority of many and divers Parliaments holden within this Realm to the great cost of the King § 2. N. 2. his Lords and Commons of the same and lacketh nothing but that the said Laws be not put in due execution which Laws ought to be put in due execution by the Iustices of Peace of every Shire of this Realm to whom his Grace hath put and given full authority so to do sith the beginning of his reign Justices And now it is come to his knowledg § 2. N. 3. that his Subjects be little cased of the said mischeifs by the said Iustices but by many of them rather hurt than helped and if his Subjects complain to these Iustices of Peace of any wrongs done to them they have thereby no remedy and the said mischeifs do increase and be not subdued Peace And his Grace considereth § 2. N. 4. that a great part of his wealth and prosperity of his Land standeth in that that his Subjects may live in surety under his Peace in their bodies and goods and that the Husbandry of this Land may increase and be upholden which must be had by due execution of these Laws and Ordinances chargeth and commandeth the Iustices of the Peace of this his Shire to endeavour them to do and execute the tenor of their Commission and the said Laws and Ordinances ordained for the subduing of the premises as they will stand in love and favour of his Grace and in avoyding of the pains that are ordained if they do the contrary Process And moreover he chargeth and commandeth § 2. N. 5. that every man what degree or condition that he be of that let them in word or deed to execute their said authority in any manner and form abovesaid that they shall shew it to his Grace and if they do it not and it come to his knowledg by other than by them they shall not be in his favour but taken as men out of credence and be put out of Commission for ever Execution And over this he chargeth and commandeth all manner of men as well the poor as the rich which be to him all one in due ministration of Iustice that is hurt or grieved in any thing § 2. N. 6. that the said Iustice of Peace may hear determine or execute in any wise that he so grieved make his complaint to the Iustice of Peace that next dwelleth unto him or to any of his fellows and desire a remedy Justices And if then he have no remedy § 2. N. 7. if it be nigh such time as his Iustices of Assizes come into that Shire that then he so grieved shew his complaint to the same Iustices Chancery And if then he have no remedy § 2. N. 8. or if the complaint be made long afore the coming of the Iustices of Assize then he so grieved come to the Kings Highness or to his Chancellor for the time being and shew his grief Process And his said Higness then shall send for the said Iustice to know the cause why his said Subjects be not eased and his Laws executed § 2. N. 9. whereupon if he find any of them in default of executing of his Laws in the premises according to his Highness commandment he shall do him so offending to be put out of the Commission and further to be punished according to his merits Justices And over that his said Highness shall not let for any favour § 2. N. 10. affection cost charge nor other cause but that he shall see his Laws to have plain and true execution and his Subjects to live in surety of their lands bodies and goods according to his said Laws and the said mischeifs to be avoyded that his Subjects may increase in wealth and prosperity to the pleasure of God Measures And that the Iustices of Peace of every Shire of England have full authority and power to inquire hear 7 H. 7. cap. 4. § 1. N. 12. or determine the said defaults viz. in Weights and Measures c. Games And that the Housholder where Dicing Carding Tennis-playing 11 H. 7. C. 2. § 1. N. 14. Bowls Clash or any other unlawful games afore rehearsed shall be used owise than is afore rehearsed viz. in Christmas in the presence of the Master and that lawfully be presented before the Iustices of Peace the Mayor Sheriff in his Turn
of this present Parliament the Towns and Places wherein they shall think most necessary to have a common Goal newly edified and made 2 Inst 705 706. and 5 Eliz. 24. cap. § 3. N. 1. Notice And be it further Enacted § 4. N. 1. That several Commissioners under the Kings great Seal with this present Act thereto affiled shall be directed to the Iustices of Peace of the Shires aforenamed authorizing them to accomplish and execute this present Act according to the tenor thereof in every behalf Imprisonment Be it further Enacted c. § 7. N. 1. That like Provision in every behalf be had for a new Goal to be made within the County of Derby in like form as is provided for other Shires aforesaid Ale And that every Beer-Brewer and Ale-Brewer shall not take over and above for every such Barrel Kilderkin C. 4. § 5. N. 1. or Firkin of Ale and Beer but after such Prizes and Rates as shall be thought convenient and sufficient by discretions of the Iustices of Peace within every Shire where such Beer-Brewer and Ale-Brewer shall dwell without any City Borough or Town Corporate where no head-Officers as Mayors Bailiffs Sheriffs and other head-Officers have no Authority or Rule 8 Eliz. 9. § 5. N. 1. Cap. 5. § 5. N. 2. And before he viz. Commissioner of Sewers shall take upon him the Execution of the said Commission Sewers he shall take a Corporal Oath before the Lord Chancellor or before such to whom the said Lord Chancellor shall direct the Kings Writ of Dedimus Potestatem to take the same or before the Iustices of the Peace in the Quarter Sessions holden in the Shire where such Commissions shall be directed c. Cap. 8. § 2. N. 2. And if it shall happen any person Mettle c. for prosecuting any Suit or Action upon this Statute viz. against Tinners that do not make sufficient Hatches and Tyes for Gravel c. or by occasion of the same hereafter to be imprisoned by any manner of person c. being Officers or Ministers of the Stannery their Deputies or Substitutes that then every of the Iustices of Peace within any of the Counties aforesaid viz. Devonshire or Cornwal wherin the said Prisoner shall happen to be Committed to Prison upon credible Information thereof taking Surety by his descretion for Appearance of such Prisoner at the next general Sessions of the Peace shall have Power c. as well to direct his Warant to the Goaler c. as to any other Person to whom the said Prisoner shall be committed unto commanding him c. upon pain c. of 40 l. to deliver and put at large the said Prisoner c. 27 H. 8. Cap. 23. § 4. N. 1. § 2. N. 6. And if it shall appear upon the Appearance of such Prisoner at the Quarter Sessions by examining of the Iustices of Peace there being Justices that he was imprisoned contrary to the form of this Statute then he shall be forthwith dismissed and thereby discharged and if he were lawfully Imprisoned for any other just Cause then to be remanded to Prison by the discretion of the said Iustices 27 H. 8. Cap. 23. § 4. N. 3. Cap. 1◠§ 3. And be it Enacted c. that the Lord Chancellor of England Sewers c. at all times c. upon request to him to be made by the Mayor and Commonalt◠of the said City viz. of York and Town viz. of Hull or by any other Citizen and Burgess of the said City and Town c. or other person by them under the common Seals of the said City and Town Authorised shall have Power and Authority by his discretion to make and direct like Commission viz. as for Surety unto eight sad and discreet persons whereof four of them be of the Citizens and Inhabitants of the said City and Town and the other four to be Iustices of Peace whereof two to be of the West-Riding and the other two of the East-Riding of the County of York not of Fee nor retained with the said City or Town that they eight seven six five or four of them whereof two of them shall be of the said City and Town and the other two Iustices of Peace the one of the East-Riding the other of the West-Riding of the said County by Virtue of the said Commission shall and may the said Owners assign and appoint to pull up and redress viz. in the River of Ouse and the water of Humber or cause to be pulled up and redressed within thirty days after monition given to the said Owners by the said Commissioners or by such of them taking the charge of the Execution of the said Commission such and as much of the said Fish-gart his and other Impediments to be made in the said Waters viz. of Ouse and Humber to the Let Disturbance Damage or Ieoperdy of any Ships Keyls Boats or any other Vessels passing or repassing to or from the said City of York to the said Town of Hull as by them shall be thought meet and convenient 24 H. 8. C. 1◠§ 2. N. 4. And if the Offence Fowle viz. not endeavouring to destroy Crows Rooks and Choughs be done contrary to this Statute by any person c. which shall dwell and have the Manurance of and in such Mannors Meases Lands Tenements or Hereditaments whereunto such Leets Law-days Rapes and Courts do not belong or by reason whereof any such Courts be not holden that then upon a Presentment thereof had before the Sheriffs c. or Iustices of Peace in their Sessions c. the Iustices of Peace or two of them at the least if the Presentment be before them in their Sessions shall assess and set the said Amerciament after the quantity of the Offence by their discretions c. Justices And further be it Enacted § 5. N. 1. c. That as well the Iustices of the Peace in their Sessions c. to be hereafter holden before them or any of them shall give in Charge to the Tenants and Inhabitants and all other appearing before any of them that they shall duly inquire and put in execution the effect of the Premises in due time viz. yearly so that this Act may be fully executed and Choughs Crows and Rooks thereby destroyed in all parts of this Realm c. Fowle And if any such Owner or Farmer viz. on whose Grounds Rooks § 7. N. 2. Choughs or Crows be killed refuse to pay the said mony accordingly as is aforesaid viz. two pence for twelve a penny for six a half-penny for three old Rooks Choughs or Crows killed then upon Complaint and Proof thereof made to any of the Iustices of Peace or High-Constable the said Iustice of Peace or High-Constable shall cause the said mony to be levyed by distress of the Goods and Cattels of every such Farmer or Owner refusing to pay the same
punish the Infringers and Contemners thereof in such wise as is limited by the same have been very remiss and negligent in doing their Offices to the great detriment hurt and prejudice of the Common-wealth Days For Reformation whereof § 1. N. 3. be it Enacted by the King our Soveraign Lord with the Assent of the Lords Spiritual and Temporal and the Commons in this present Parliament assembled and by Authority of the same that all and singular the Iustices of Peace within any Shire City Borough or Place within this Realm of England Wales or any other the Kings Dominions shall yearly at the general Sessions of the Peace to be holden next after the Feast of Easter assemble themselves together that is to say every Number of them within the limits of their Commissions wherein they be named Iustices of Peace 37 H. 8. Cap. 7. Peace And at and upon such their Assembly § 1. N. 4. shall diligently together amongst themselves peruse examine study and know the Effects and true Intents of the Laws Statutes Ordinances and Provisions hereafter specified that is to say the Laws and Scatutes heretofore made and provided concerning or in any wise touching Vagabonds Retainers giving Liveries Signs Tokens or Badges Maintenance Imbracery Bowstaves and Archery unlawful Games Forestallers and Regrators Victual-Victualers and Inn-holders and every of them and of all Statutes and Laws made in this present Parliament touching the same or any of them and after the perusing and deliberate understanding of the said Laws Statutes and Ordinances they shall devise among themselves how the same may be best put in due and just Execution 37 H. 8. Cap. 7. § 1. N. 2. Lieu. And for the better proceeding therein § 1. N. 5. they shall divide and sever them selves limiting and assigning alwayâ—s the number of two of them at least or more into Hundreds Wapentakes Rapes Commotes or number of Towns and Villages by their discretions 37 H. 8. Cap. 7. § 1. N. 4. Justices And that the said Iustices so divided § 1. N. 6. or two of them at the least shall in every Quarter of the Year from and after the said Feast of Easter next coming hold and keep within the limits of their Division one Session besides the general Quarter Sessions for the Peace the said one Session to be kept and holden alwayes within the limits of their Division at and in one such day as by them shall be appointed so that it be always six weeks at the least before the Quarter Sessions 37 H. 8. Cap. 7. § 1. N. 7. Dayes And that all Process and Proceedings in every of the said Sessions so to be holden shall be continued from Sessions to Sessions 37 H. 8. Cap. 7. § 1. N. 7. § 1. N. 6. Enquest And that the said Iustices or two of them at the least § 1. N. 8. at and in every such Sessions shall have power and authority to enquire as well by the Oaths of twelve men Inhabitants within the limits of their Division as by any Information given to them by any Person or Persons of all defaults offences or contempts done or committed or hereafter to be done or committed against the Form of any of the Statutes aforesaid and to hear and determin the same 37 Hen. 8. Cap. 7. § 1. N. 7. Outlary And shall also have power and authority upon any Presentment or § 1. N. 9 Information touching the Premises or any of them to make Process by Venire Facias one Capias and an Exigent under the Seals of the same Iustices or two of them against every such Person and Persons against whom any such Information or Presentment shall be had for their appearance afore them in their Sessions to be holden as is aforesaid to answer to such Information or Presentment as shall be there had or made 37. H 8. Cap. 7. § 1. N. 8. §. 1. N. 10. And if the Person or Persons accused by Information or Presentment shall be convict upon any such Information or Presentment by Confession or Verdict of twelve men that then the said Iustices of Peace Execution or two of them afore whom such conviction shall be had shall have power and authority to give Iudgement against every such Offender and Offenders so convict of such pains by imprisonment or such Pains losses and forfeitures of mony or both or any of them as are limited in the said several Statutes for such offences whereof they shall be so convict and cause Execution thereof to be made and had accordingly 37 H. 8. Cap. 7. § 1. N. 9. § 1. N. 11. And also the said Iustices of Peace or two of them Inquest at and in their said Sessions to be holden as is aforesaid shall have power and authority to correct and reform the Pannels of Iuries for any Inquiries to be made afore them touching the said Statutes or any of them in like manner or form as Iustices of Goal-delivery and of Peace may do in their Sessions by vertue of a Statute thereof made in the third year of our most dread Soverign Lord the Kings Raign that now is viz. 3 H. 8. 12. 37 H. 8. Cap. 7. § 1. N. 10. § 1. N. 12. And that the Sheriffs and other Ministers having power to return Pannels Return shall make his and their Returns according to such Reformation and Correction of the Iustices aforesaid upon the Pain limited by the same Statute viz. 3 H. 8. Cap. 12. 37 H. 8. 7. § 1. N. Cap. 11. § 2. N. 1. And it is ordained and enacted by Authority aforesaid Prerog that if any person or persons be Convict as is aforesaid by any Information afore the said Iustices or two of them within the limits of their Division that then the Moity of the Pains Losses and Forfeitures of Mony of the Offenders so Convict shall be to the Kings Majesties use and the other Moity thereof to the Party that persueth such Information according to the tenor and effect of the said several Statutes § 2. N. 2. And if any Conviction be had by reason or upon any Presentment Forfeiture that then the Kings Majesty shall have the whole Pains Fines and Forfeitures of the Offenders all which Pains Fines Losses and Forfeitures of Mony to be due to the King by reason of any Conviction as is aforesaid together with all Issues Fines and Amercements afore the said Iustices within the limits of their Division shall be levyed by the Sheriff or his Ministers by a Schedule Indented to be made between such Iustices or two of them afore whom such Pains Losses and Forfeitures Fines Issues and Amercements shall be lost and forfeit and the said Sheriff § 2. N. 3. The one part of which Schedule Certificate shall be certified by the said Iustices or two of them yearly in the Term of St. Michael into the Kings Exchequer
and Temporal and the Commons in this present Parliament Assembled and by the Authority of the same that from and after the first day of April next coming no Iustice or Iustices of Peace shall let to Bail or Mainprize any such person or persons which for any Offence or Offences by them or any of them committed be declared not to be Replevised or Bailed or be forbidden to be replevised or Bailed by the Statute of Westminster 1 c. viz. 3 Ed. 1. Cap. 15. Coron And furthermore that any person or persons Arrested for Manslaughter or Felony § 3 N. 1 or Suspition of Manslaughter or Felony being Bailable by the Law shall not after the first day of April be let to Bail or Mainprize by any Iustices of Peace if it be not in open Sessions except it be by two Iustices of Peace at the least whereof one to be of the Quorum and the same Iustices to be present together at the time of the said Bailment or Mainprize § 3. N. 2. Which Bailment or Mainprize they shall certify in Writing Certificate subscribed or signed with their own Hands at the next general Goal-delivery to be holden within the County where the said person or persons shall be arrested or suspected § 4. N. 1. And that the said Iustices or one of them being of the Quorum Proof when any such Prisoner is brought before them for any Manslaughter or Felony before any Bailment or Mainprize shall take the Examination of the said Prisoner and Information of them that bring him of the Fact and Circumstances thereof and the same or as much thereof as shall be material to proove the Felony shall put in Writing before they make the same Bailment 2 3 Ph. Mar. Cap. 10. § 4. N. 2. Which said Examination together with the said Bailment Certificate the said Iustices shall certify at the next general Goal-delivery to be holden within the limits of their Commission 2 3 Ph. Mar. Cap. 10. § 1. N. 2. § 5. N. 1. And that every Coroner upon any Inquisition before him found whereby any person or persons shall be Indicted for Murder or Manslaughter Inquest or as Accessary or Accessaries to the same before the Murder or Manslaughter committed shall put in Writing the effect of the Evidence given to the Iury before him being material § 5. N. 2. And as well the said Iustices as the said Coroner Recognizance shall have Authority by this Act to bind all such by Recognizance or Obligation as do declare any thing material to proove the said Murder or Manslaughter Offences or Felonies or to be Accessary or Accessaries to the same as is aforesaid to appear at the next general Goal-delivery to be holden within the County City or Town-Corporate where the Tryal thereof shall be then and there to give Evidence against the Party so Indicted at the time of his Tryal 2 3 Ph. Mar. Cap. 10. § 2. N. 4. § 5. N. 3. And shall certify as well the same Evidence Certificate as such Bond or Bonds in Writing as he shall take together with the Inquisition or Indictment before him taken and found at or before the time of his said Tryal thereof to be had or made 2 3 Ph. Mar. Cap. 10. § 2. N. 5. § 5. N. 4 And likewise the said Iustices shall certify all and every such Bond taken before them Bail in like manner as before is said of Bailment and Examination § 5. N. 5. And in Case any Iustice of Peace of Quorum or Coroner Justices shall after the first day of April offend in any thing contrary to the true intent and meaning of this present Act that then the Iustices of Goal-delivery of the Shire City Town or Place where such Offence shall happen to be committed upon due Proof thereof by Examination before them shall for every such Offence set such Fine on every of the same Iustices of Peace and Coroner as the same Iustices of Goal-delivery shall think meet and estreat the same as other Fines and Amercements assessed before Iustices of Goal-delivery ought to be § 6. N. 1. Provided always Coporation and be it further Enacted by the Authority aforesaid that Iustices of Peace and Coroners within the City of London and the County of Middlesex and in other Cities Boroughs and Towns-Corporate within this Realm and Wales shall within their several Iurisdictions have Authority to let to Bail Felons and Prisoners in such manner and form as they have been heretofore accustomed this Act or any thing therin contained to the contrary notwithstanding § 6. N. 2. And also shall take Examinations and Bonds as is aforesaid Proof upon every Bailment by them or any of them to be made § 6. N. 3. And shall certify every such Bailments Certificate Bonds and Examinations by them or any of them taken or made at the next Goal-delivery to be holden within the Shire City Borough or Town where their several Iurisdictions extendeth upon like Pain and Forfeiture as is before limited in this present Act. § 7. N. 1 And be it also Enacted Certirorari c. that no Writs of Habeas Corpus or Certiorari shall be hereafter granted to remove any Prisoner out of any Goal or to remove any Recognizance except the same Writs be signed with the proper hands of the Chief Iustices or in his absense one of the Iustices of the Court out of which the same Writs shall be awarded or made Officer Vpon Pain § 7. N. 2. that he that writeth any such Writs not being signed as is aforesaid to forfeit to our Soveraign Lord the King and the Queen for every such Writs five pounds Riot Be it therefore Enacted c. viz. because good and beneficial that all C. 16. N. 15. c the several Acts c. viz. 1 Mar. 1. St. 2. Cap. 12. c. of Riots and all Clauses c. shall be revived c. until the last day of the next Parliament 2 3 Ph. Mar Cap. 21. § 10. N. 2. Husbandry The one half of which said Forfeitures viz. twenty shillings a month 2 3 Ph. Mar. Cap. 3. § 3 N. 2◠that one Cow is not kept for every threescore Shere-sheep and one Calf for every six score shall be to the use of c. the King and Queens Majesties and the other half to the use of the Party that within one year after the Offence committed will sue for the same in any c. Courts of Record or before the Iustices of Peace in the same Shire where any such Cause of Forfeiture shall be had at the general Sessions who by Authority of this Act shall have Power to hear and determine the said Offences by Bill Information Presentment Action of Debt or Detinue in which Action or Suit no
think meet and conferring together respecting Plenty or Scarcity of the Time and other Circumstances necessarily to be considered shall have Authority by vertue thereof within the limits and Precincts of their several Commissions to limit rate and appoint the wages as well of such and so many of the said Artificers Handy-Craftsmen Husbandmen or any other Laborer Servant or Workman whose wages in time past hath been by any Law or Statute rated and appointed § 15. N. 3. As also the wages of all other Laborers Artificers Fees Work-men or Apprentices of Husbandry which have not been rated 39 Eliz. 12. § 2. N. 1. § 15. N. 4. As they the same Iustices Days Mayor or Head-Officers within their several Commissions or Liberties shall think meet by their Discretions to be rated limited or appointed by the year or by the day week month or otherwise with meat and drink or without meat and drink § 15. N. 5. And what wages every Workman or Labourer shall take by the Great for Mowing Reaping or Threshing of Corn and Grain Husbandry or for Mowing or making of Hay or for Ditching Paving Rayling or Hedging by the Rod Pearch Lugg Yard Pole Rope or Foot and for any other kind of reasonable Labor or Service § 15. N. 6. And shall yearly before the twelfth day of July next after the said Assessments and Rates so appointed and made Certificate certify the same ingrossed in Parchment with the Considerations and Causes thereof under their Hands and Seals into the c. Court of Chancery 39 Eliz. 12. § 3. N. 1. § 17. N. 1. And be it further Enacted Justices c. that if all the said Iustices of Peace resiant within the Counties where they are or shall be Iustices of Peace and Mayors and Head-Officers do not before the tenth day of July c. yearly appear and assemble at the said general Sessions or within six weeks next after the said general Sessions and limit and rate the wages c. or be negligent or remiss in the Certificate thereof c. that then every Iustice of Peace c. in whom any such default or negligence shall be found being within the said County c. at the time of the said Sessions or at the times of the said rates of wages to be set within six weeks next after every such Sessions and not visited with any such Sickness as he could not travail thither without peril and danger of his Life or not having any other lawful and good Excuse to be allowed by the Iustices then assembled for the rating and taxing of wages or by the more part of them upon a Corporal Oath c. by some credible person assessed c. in the Book of Subsidy to the clear value of five pounds c. or by such other person as the most part of such Iustices shall allow c. shall for such default or negligence forfeit c. ten pounds c. 39 Eliz. 12. § 2 N. 4. Apprentice Provided always and be it Enacted c. that in the time of Hay § 22. N. 1. or Corn-harvest the Iustices of Peace and every of them c. shall and may cause all such Artificers and Persons as be meet to labour by the descretions of the said Iustices c. to serve by the day for the Mowing Reaping Shearing Getting or Inning of Corn Grain and Hay according to the Skill and Quality of the Person Women And be it further Enacted c. that two Iustices of Peace § 24. N. 1. c shall and may by vertue hereof appoint any such Woman as is of the age of twelve years and under the age of Forty years and unmarried and forth of Service as they shall think meet to serve to be retained or serve by the year or by the week or day for such wages and in such reasonable sort and manner as they shall think meet Husbandry And be it further Enacted §. 35. N. 1. that if any person shall be required by any Housholder having and using half a Plowland at the least in Tillage to be an Apprentice c. and shall refuse so to do that then upon Complaint of such House-Keeper made to one Iustice of the Peace of the County where the said Refusal is or shall be made c. they shall have full Power and Authority by vertue hereof to send for the same person so refusing Justices And if the Iustice § 35. N. 2. c. shall think the said person meet and convenient to serve as an Apprentice in that Art Labor Science or Mistery wherein he shall be so then required to serve that then the said Iustice c. shall have Power c. if the said person refuse to be bound as an Apprentice to commit him unto Ward there to remain untill he be contented and will be bounden to serve as an Apprentice should serve according to the true intent and meaning of this present Act. Apprentice And if such Master shall mis-use or evil intreat his Apprentice § 35. N. 3. or that the said Apprentice shall have any just cause to complain or the Apprentice do not his Duty to his said Master then the said Master or Apprentice being grieved and having cause to complain shall repair unto one Iustice of Peace within the said County c. who shall by his wisedom and discretion take such order and direction between the said Master and his Apprentice as the Equity of the Cause shall require Process And if for want of good Conformity in the Master § 35. N. 4. the said Iustice of Peace c. cannot compound and agree the matter between him and his Apprentice then the said Iustice c. shall take Bond of the said Master to appear at the next Sessions then to be holden within the said County c. to be before the Iustices of the said County c. if the said Master dwell within any such Apprentice And upon his appearance and hearing of the matter before the said Iustices § 35. N. 5. c. if it be thought meet unto them to discharge the said Apprentice of his Apprentice-hood that then the said Iustices or four of them at the least whereof one to be of the Quorum c. shall have Power by Authority hereof in Writing under their Hands and Seals to procure and declare that they have discharged the said Apprentice of his Apprentice-hood and the Cause thereof Justices And if the Default shall be found to be in the Apprentice § 35. N. 7. then the said Iustices c. with the Assistance aforesaid shall cause such due Correction and Punishment to be ministred unto him as by their Wisdom and Discretions shall be thought meet Fees And in Consideration of the Pains and Travail of the said Iustices of Peace § 38 N. 1. c. shall take and sustain
and bring him to the next Iustice of the Peace of that Shire where such tender shall be made if he shall be of power and able so to do or for lack of such ability shall within the space of three days next after such Offer made c. disclose the Name and Names of such person c. as so shall make the same Offer and the Dwelling-place or Place or Resort of the same person c. which he shall endeavour himself to know by all the means and ways he can to the Ordinary of the Diocess or to any Iustice of Peace of that Shire where such person c. to whom such offer shall be made c. shall be resiant Days And also if such person c. to whom such offer shall be made § 8. N. 2. shall happen to receive any such Agnus Dei c. and shall within the space of one day next after such receit deliver the same to any Iustice of Peace within the same Shire where the Party so receiving shall be then resiant or shall happen to be Forfeiture That then every such person and persons doing any the Acts or Things in this Provision above mentioned in form above declared § 8. N. 3 shall not by force of this Statute incur any Danger or Penalty c. Justices Provided also and be it further Enacted § 10. N. 1. c. that if any Iustice of Peace to whom any Matter or Offence before mentioned shall be uttered shewed or declared as is aforesaid do not within the space of fourteen days next after it shall be to him shewed or uttered signify or declare the same to some one of the Queens Majesties Privy-Council that then the same Iustice of Peace shall incur the Danger Pain and Forfeiture Provided by the said Statute c. viz. 16 Rich. 2. Cap. 5. § 2. N. 6. Usury And be it further Enacted C. 8. § 6. N. 1. that Iustices of Oyer and Terminer and Iustices of Assize in their Circuits Iustices of Peace in their Sessions c. shall also have full Power and Authority to inquire hear and determine of all and singular Offences viz. of Usury committed against the said Statute viz. 37 H. 8. Cap. 9. now revived Sewers And that the Iustices of Peace in the Shire C. 9. § 2. N. 2. c. where the same Laws Ordinances and Constitutions viz. of Sewers are to be executed within their several Commissions or Limits or six of them whereof two to be of the Quorum shall have Power and Authority by the space of one whole year next after the expiration of every such Commission to execute the same Laws Ordinances and Constitutions and every of them as fully and in as ample manner and form as the Commissioners or any of them named and appointed in every or any Commission so expired might or should have done to all Intents and Purposes as if the said Commission or Commissions had continued in force Justices Provided always and be it nevertheless Enacted § 3. N. 1. that if any new Commission of Sewers shall be made within the said year that then immediately from and after such Commission newly made and published the Power of the said Iustices of Peace and every of them in any wise concerning the Execution of any such Laws Ordinances and Constitutions of Sewers shall utterly cease any thing or things in this Act to the contrary expressed in any wise notwithstanding Corn. Provided nevertheless C. 13. § 2. N. 1. that neither any of the said Presidents and Councils nor the said Iustices of Assize nor the said Iustices of Peace c. shall publish any their Determinations c. viz. for Permission or Prohibition of the Transportation of Corn until the same shall be first by Writing notified to the Queens Majesty or to her Privy-Council and by her Majesty or her Privy-Council shall be liked or allowed Imprisonment And by the said Iustice or Head-Officer 14. Eliz. Cap. 5. § 2. N. 3. viz. before whom sturdy Beggar c. above fourteen shall be brought to be presently committed to the Common Goal of the said County being apprehended within the County or else such other place as by the Iustices of Peace of that County or three of them at their general Sessions shall be appointed Licence Be it also further Provided that no Licence § 10. N. 1 c. viz. of Pasport or to beg c. shall give any manner of liberty or be of any manner of force but only in the Shire whereof the Grantor c. of such Licence shall be Iustice c. of the Peace Taxes And that done viz. the numbe of Poor registred § 14. N. 7 c. they the said Iustices Mayors Sheriffs Bailiffs and other Officers within every their several Commissions c. shall by their good discretions tax and assess all and every City Borough Town Village Hamlet and Place known within the said Limits and Divisions to such weekly charge as they and every of them shall weekly contribute towards the relief of the said poor people Account And further be it Enacted § 18. N. 1. that the said Collectors viz. for the Poor and every of them c. shall make their just Account half yearly c. to two Iustices of the Peace dwelling next the said abiding place or places not being within any City Borough or Town-Corporate § 21. N. 1. Provided c. and be it further Enacted Poor c. that three Iustices of Peace whereof one to be of the Quorum of and with the Surplusages and Forfeitures the said Poor c. provided for shall by their discretions in such convenient place c. within their said Shires as they shall think meet place and settle to work the Rogues and Vagabonds c. § 24. N. 1. And be it further Enacted Justices c that three Iustices of Peace within all the Shires of this Realm whereof one to be of the Quorum shall have full Power c. to hear and determine all Causes Except Forfeitures of Justices of Peace that shall come in question by reason of this Act. § 33. N. 1. Also be it provided that if any Taxes c. shall find him or her self grieved with any Taxation set upon them by vertue of this Act it shall be lawful for them at the next general Sessions of the Peace to be holden within the same Shire where their Taxation shall be to make Complaint thereof to the Iustices of the Bench and to be eased of their excessive charge by the discretion of the whole Bench or the most part of them 18 Eliz. C. 3. § 2. N. 2. It is Ordained c. that two Iustices of the Peace Bastardy whereof one to be of the Quorum in or next unto the limits where the Parish Church is within which Parish
such Bastard shall be born upon examination of the Cause and Circumstance shall and may by their discretion take order as well for the punishment of the Mother and reputed Father of such Bastard Child as also for the better relief of every such Parish in part or in all 39 Eliz. Cap. 4. § 1. N. 1. 3 Car. 1. Cap. 4. 5. § 15. N. 2. § 2. N. 3. And shall and may likewise by like descretion Poor take order for the keeping of every such Bastard Child by charging such Mother or reputed Father with the payment of mony weekly or other sustentation for the relief of such Child in such wise as they shall think meet and convenient § 2. N. 4. And if after the same Order by them subscribed under their hands Imprisonment any the said persons viz Mother or reputed Father upon notice thereof shall not for their part observe and perform the said Order that then every such party so making default in not performing of the said Order to be committed to Ward to the common Goal § 5. N. 3. And that likewise in every other Market-Town or other Place viz. not Corporate within every County of this Realm Justices whereto the Iustices of Peace or greater part of them in their general Sessions next after Easter within every limit shall be thought meet and convenient a like competent store and stock of Wool Hemp Flax Iron or other Stuff as the Country is most meet for by Appointment and Order of the said Iustices of Peace or the greater part of them in their general Sessions of all the Inhabitants within their several Authorities to be taxed levyed and gathered shall be provided viz. for the Poor § 6. N. 1 And moreover be it Ordained Poor c. that within every County of this Realm one two or more abiding houses or places convenient in some Market-Town or Corporate-Town or other place c. by Purchase Lease Building or otherwise by the appointment and order of the Iustices of Peace or the more part of them in their said general Sessions of Inhabitants within their several Authorities to be taxed levyed and gathered shall be provided and called the house or houses of Correction § 7. N. 1. And be it also further Enacted Officer c. that the said Iustices of Peace or the more part of them in their said general Sessions in every County shall and may appoint from time to time persons which shall be Overseers of every such house of Correction c. § 7. N 2. And shall also Taxes c. appoint others for the gathering of such mony as shall be taxed upon any person c. towards the maintenance of the said houses of Correction § 15. N. 1. Provided always and be it Enacted Justices c. that if any Iustice of the Peace assembled at any the said Sessions next after Easter shall from thence depart before conference had touching the Execution of this Statute he shall for every such Offence forfeit 5 l. to be recovered and levyed as a Fine upon Indictment and Conviction of Trespass c. Information And that Iustices of Oyer and Terminer C. 5. § 4. N. 4. Iustices of Assize in their Circuits and Iustices of Peace in their quarter Sessions shall have full Power and Authority to hear and determine all Offences to be committed or done viz. in Suits upon any Penal Statutes contrary to the true intent and meaning of this present Act. Ways And be it further Enacted c. that all and every Iustices of Assize C. 10. § 9. N. 1. Iustices of Oyer and Terminer Iustices of Peace in the Sessions and Stewards of Leets and Law-days in their Leets and Law-days shall hear and determine all and every Offence Matter and Cause that shall grow come or rise by reason of this Statute viz. of amending High-ways Pope And be it likewise Enacted 23 Eliz. C. 1. § 8. N. 1. that all and every Offences against this Act or against the Acts c. viz. 1 Eliz. Cap. 1. 5 Eliz. Cap. 1. 13. Eliz. Cap. 2. c. touching acknowledging her Majesties supreme Government in Causes Ecclesiastical or other matters touching the Service of God or coming to Church or Establishment of true Religion in this Realm shall and may be inquirable as well before Iustices of Peace as other Iustices named in the same Statutes within one year and a day after every such Offence committed any thing c. notwithstanding Justices And Iustices of Peace in their open quarter Sessions of Peace § 9. N. 2. shall have Power by vertue of this Act to inquire hear and determine of all Offences against this Act except Treason and misprision of Treason Slander And also that all Iustices of Peace as well within Liberties as without C. 2. § 8. N. 1. within the limits of their several Commissions in their general or quarter Sessions shall by vertue hereof have full Power and Authority to inquire of all and every the Offences aforesaid viz. of false News and Prophesies against the Queen c. and to cause the Offender c. therein to be indicted without any further proceeding therein Imprisonment And that also every Iustice of Peace within the limits of his Commission § 8. N. 2. shall have full Power and Authority to commit any person being vehemently suspected of any of the said Offences to Ward unless he do put in Sureties to make his personal appearance at the next quarter Sessions or Goal-delivery c. Days Provided always and be it Enacted c. that no manner of person § 10. N. 1. c. shall be molested or impeached for any the Offences concerning speaking or reporting c. unless he or they be thereof accused within one Month next after such words so spoken or reported before some one Iustice of the Peace and the Witnesses therein to be used named to the same Iustice Proof And the same Accusation and Witnesses Names § 10. N. 2. put in Writing by the said Iustice and certified at the next quarter Sessions or Goal-delivery Drapery For Reformation c. be it Ordained C. 9. § 2. N. 1. c. that all such Log-wood alias Block-wood in whose hands soever the same shall be found c. shall be forfeited and openly burned by Authority of the Mayor c or of two Iustices of Peace of the County where it shall be found Fowl The same Bond viz. not to take Fesant or Partridge in two years to be taken by some Iustice of Peace of the County where the said Offence viz. of undue taking with Nets c. shall be committed C. 10. § 2. N. 6. Justices Provided always and be it further Enacted § 5. N. 1. c. that the Iustices of Assizes in their Circuits and Iustices of Peace in
otherwise as the Cause shall require Poor Nor viz. this Statute shall not extend to any Cottage to be made § 6. N. 4. which for any just respect upon Complaint to the Iustices of Assize at the Assizes or to the Iustices of Peace at the Quarter Sessions be decreed to continue for Habitation or for and during so long time only as by such Decree shall be altered and limited Force Be it Ordained Declared and Enacted c. viz. on 8 H. 6. Cap. 9. C. 11. § 3. N. 3. § 7. N. 1. that no restitution upon any Indictment of forcible Entry or holding with force be made to any person or persons if the person or persons so indicted hath had the Occupation or hath been in quiet Possession for the space of three whole years together next before the day of such Indictment so found and his her or their Estate or Estates therein not ended or determined Restitution Which the Party indicted shall and may alledge for stay of Restitution § 3. N. 4. and Restitution to stay until that be tryed if the other will deny or traverse the same Market Overt The one half of all which Forfeitures viz of not Tolling C. 12. § 2. N. 9. or Vouching or Entring Sale of Horses in Market c. to be to the Queens Majesty her Heirs and Successors and the other half to him or them that will sue for the same before the Iustices of Peace or in any of her Majesties ordinary Courts of Record by Bill Plaint Action of Debt or Information in which no Essoyn or Protection shall be allowed Cattle And be it further Enacted § 3. N. 1. that the Iustices of Peace in every Place and County as well within Liberties as without shall have Authority in their Sessions within the limits of their Authority and Commission to inquire hear and determine all Offences against this Statute viz. of selling Horses in Fairs and Markets as they may do any other matter tryable before them Pope And that the Iustices of Peace before whom any such Abjuration shall happen to be made c. viz. by Party absent a Month from Church 35 Eliz. C. 1. § 2. N. 3. or at Conventicle c. shall cause the same presently to be entred of Record before them and shall certify the same to the Iustices of Assizes and Goal-delivery of the County at the next Assizes or Goal-delivery to be holden in the same County Pope That in every such Case C. 2. § 8. N. 4. viz. where a restrained Papist exceeds five Miles of Home and is unable to pay Fine and doth not reform every such Offender being thereunto warned or required by any two Iustices of Peace or Coroner of the same County where such Offender shall then be shall upon his or their Corporal Oath before any two Iustices of the Peace or Coroner of the same County abjure this Realm of England and all other the Queens Majesties Dominions for ever Justices And that every Iustice of Peace and Coroner before whom any such Abjuration shall happen to be made as is aforesaid § 9. N. 1. shall cause the same presently to be entred of Record before them and shall certify the same to the Iustices of Assizes or Goal-delivery of the said County at the next Assizes or general Goal-delivery to be holden in the same County C. 4. § 1. N. 1 Be it Enacted Poor c. that every Parish within this Realm of England and Wales shall be charged to pay weekly such a sum of mony towards the relief of the sick hurt and maihmed Souldiers and Mariners that c. shall lose their Limbs or disable their Bodies having been pressed and in pay for her Majesties Service as by the Iustices of Peace or the more part of them in their general quarter Sessions to be holden in the several Counties c. about the Feast of St. John Baptist yearly shall be appointed § 1. N. 3. So as no Parish be rated above the sum of six pence Taxes nor under the sum of one penny weekly to be paid 39 Eliz. C. 2. § 9. N. 1. And be it further Enacted Husbandry c. that the Iustices of Assize or Iustices of Peace in every County within this Realm at the Assizes or quarter or general Sessions shall have full Power and Authority by vertue of this Act to inquire hear and determine all and every the Defaults and Offences committed or done contrary to this Act viz. Husbandry and Tillage within the County where any such Assizes or Sessions shall be kept by Inquisition Presentment Indictment Bill or Information or by any of the same ways or means § 9. N. 2. And upon the Conviction of the Offender Forfeitures by Information or Suit of any other than her Majesty her Heirs or Successors to make Extracts of one third part of the Forfeitures to be levyed for the Queens Majesty her Heirs and Successors as they use to do of other Fines Issues and Amercements grown in the Sessions of the Peace § 9. N. 3. And to award Execution of the two other third parts Execution the one for the Complainant or Informer and the other to the Poor by the discretion of the Iustices of Peace of the general Sessions against the Offender by Fieri facias and Capias as her Majesties Iustices at Westminster may do and use to do § 9. N. 4. And if any such Conviction shall hereafter happen to be at her Majesties Suit only Process that then the Forfeitures to be Extracted and levyed for her Majesty her Heirs and Suecessors to the uses aforesaid § 9. N. 5. And it is also further Enacted Husbandry that if any person shall hereafter be punished by vertue of this Act viz. of Husbandry and Tillage that the same person shall not otherwise be vexed troubled sued or put to any pain or punishment for the thing wherefore he or they shall have been so punished C. 3. § 1. N. 1. Be it Enacted c. that the Church-wardens of every Parish Poor and four substantial Housholders there being Subsidy-men or for want of Subsidy-men some other substantial Housholder of the said Parish who shall be nominated yearly in Easter week under the Hand and Seal of two or more Iustices of the Peace in the same County whereof one to be of the Quorum dwelling in or near the same Parish shall be called Overseers of the Poor of the same Parish 43 Eliz. Cap. 2. § 1. N. 1. § 1. N. 4. And also to raise weekly or otherwise Taxes by Taxation of every Inhabitant and every Occupier of Lands in the same Parish in such competent c. sums of mony as they shall think fit a convenient stock of Flax Hemp Wool Thred Iron and other necessary Ware and Stuff to set the Poor on work and also
competent sums of mony for and towards the necessary relief of the same impotent old blind and such other among them being poore and not able to work and also for the putting out of such Children to be Apprentices to be gathered out of the same Parish according to the ability of the same Parish 43 Eliz. Cap. 2. § 1. N. 4. 5. § 1. N. 10. And be it also Enacted Justices that if the said Iustices of Peace do perceive that the Inhabitants of any Parish are not able to levy among themselves sufficient sums of mony for the purposes aforesaid that then the said Iustices shall and may tax c. any other of other Parishes or out of any Parish within the Hundred where the said Parish is to pay such c. sums of mony to the Church-wardens and Overseers of the said poor Parish for the said purposes as the said Iustices shall think fit according to the intent of this Law 43 Eliz. Cap. 2. § 3. N. 1. Poor And if the said Hundred shall not be thought to the said Iustices § 1. N. 11. able and fit to relieve the said several Parishes nor able to provide for themselves as aforesaid then the Iustices of Peace at their general Quarter Sessions or the greater number of them shall rate and assess as aforesaid other of any other Parishes or out of any Parish within the said County for the purposes aforesaid as in their discretion shall seem fit 43 Eliz. Cap. 2. § 3. N. 2. Process And that it shall be lawful for the said Church-wardens and Over-seers or any of them by Warrant from any two Iustices of the Peace to levy § 2. N. 1. c. by distress and sale c. 43 Eliz. Cap. 2. § 4. N. 1. Justices And the said Iustices of Peace or any one of them § 2. N. 3. to send to the House of Correction such as shall not imploy themselves to work being appointed as aforesaid 43 Eliz. Cap. 2. § 4. N. 3. Imprisonment And also any two Iustices § 2. N. 4. to commit to Prison every one of the said Church-wardens and Overseers which shall refuse to account c. 43. Eliz. Cap. 2. § 4. N. 4. Apprentice And be it further Enacted § 3. N. 1. that it shall be lawful for the said Church-wardens and Overseers or the greater part of them by the assent of any two Iustices of the Peace to bind any such Children as aforesaid to be Apprentice where they shall see convenient c. 43 Eliz. Cap. 2. § 5. N. 1. Error Provided always that if any c. shall find themselves aggrieved § 3. N. 4. with any Sess or Tax or other Act done by the said Church-wardens c. or by the said Iustices of Peace that then it shall be lawful for the Iustices of Peace at their general Quarter Sessions or the greater number of them to take such Order therein as to them shall be thought convenient and the same to conclude and bind all the same Parties 43 Eliz. Cap. 2. § 6. N. 1. Franchise And be it also Enacted § 6. N. 1 that if it shall happen any Parish to extend it self into more Counties than one or part to lye within the Liberties of any City or Town-Corporate and part without that then as well the Iustices of Peace of every County as also the Head-Officers of such City or Town-Corporate shall deal or intermeddle only in so much of the said Parish as lyeth within their Liberty and not any further 39 Eliz. Cap. 4 § 8. N 1. 43 Eliz. Cap 2 § 9. N 1. Taxes Which sums so taxed viz. not above six pence on every Parish weekly § 10. N. 3. and not under a half-penny shall be yearly assessed by the agreement of the Parishioners within themselves or in default thereof by the Church-wardens and Constables of the same Parish or the more part of them or in default of their agreement by the Order of such Iustice or Iustices of Peace as shall dwell in the same Parish or if none be there dwelling in the Parts next adjoyning 43. Eliz. Cap. 2. § 12. N. 3. Imprisonment And be it also Enacted § 11. N. 1. that the said Iustices of the Peace at their general Quarter Sessions to be holden at the time of such taxation shall set down what competent sum of mony shall be sent Quarterly out of every County or Place Corporate for the relief of the poor Prisoners of the Kings Bench and Marshalsey c. so as there be sent out of every County yearly twenty shillings at the least to the said Prisoners of the Kings Bench and Marshalsey 14 Eliz. Cap. 5. § 37. N. 1. 43 Eliz. Cap. 2. § 14. N. 1. Account And every such Constable shall pay over the same viz. Collections of Tax for the Poor to two such Iustices of the Peace or to one of them § 11. N. 3. as shall be by the more part of the Iustices of Peace of the County elected to be Treasurers of the said Collection which Treasurers in every County so chosen shall continue but for the space of one whole year and then give up their Charge with a due Account of their Receits and Disbursements at their meeting in the Quarter Sessions to be holden after the Feast of Easter in every year to such others as shall from year to year in form aforesaid successively be elected 43 Eliz. Cap. 2. § 14. N. 3. 4. Justices And that c. from time to time it shall and may be lawful C. 4. § 1. N. ◠to and for the Iustices of the Peace of any County or City in this Realm or the Dominions of Wales assembled at any Quarter Sessions of the Peace within the same County City Borough or Town Corporate or the more part of them to set down order to erect or cause to be erected one or more Houses of Correction within their several Counties or Cities § 1. N. 3. For the doing and performing whereof Imprisonment and for the Providing of Stocks of Mony and all other things necessary for the same and for the raising and governing of the same and for the Correction and Punishment of Offenders thither to be committed such Orders as the same Iustices or the more part of them shall from time to time take reform or set down in any their said Quarter Sessions in that behalf shall be of force and be duly performed and put in Execution § 3. N. 1. And be it Enacted Poor c. that every person which is by this present Act declared to be a Rogue Vagabond or sturdy Begger which shall be c. taken begging vagrant wandring or misordering themselves in any part of this Realm or the Dominions of Wales shall upon their Apprehension by the Appointment of any Iustices of the Peace Constable Head-borough
N. 5. And further to become bound by Recognizance in the sum of twenty pounds to his Majesty his Heirs and Successors Recognizance with Condition that they the said Party so offending shall not at any time hereafter take kill or destroy any Phesant or Partridge § 8. N. 6. Which said Recognizance shall be taken by any one or more Iustices of the Peace of the said County Justices City or Town-Corporate where the said Offence shall be committed as aforesaid and shall be returned to the next Quarter Sessions and there to remain of Record as other Recognizances taken for the Peace § 9. N. 1. And be it further Enacted Constable that every Constable and Head-borough in every County City Town-Corporate and other Place where they shall be sworn Officers shall and may by vertue of this present Act bringing with them to that purpose a Lawful Warrant under the Hands of two Iustices of the Peace of the County City Liberties or Town-Corporate have full Power and Authority to enter into and search the house c. of any person c. other than such as by this present Act are allowed to take Phesants and Partridges with Nets as aforesaid being suspected to have any setting Dogs or Nets for the taking of Phesants and Partridges 21 Jac. Cap. 7. § 3. N 1. And be it further Enacted that any Iustice of Peace in any County Ale and any Iustice of Peace or other Head-Officer in any City or Town-Corporate within their Limits respectively shall from henceforth have Power and Authority upon his own view confession of the party or proof of one Witness upon Oath before him which he by vertue of this Act shall have Power to administer to convince any person of the Offence of Drunkenness whereby such person so convict shall incur the Forfeiture of five shillings for every such Offence and the same to be levyed or the Offender otherwise punished as in the said Statute is appointed § 3. N. 2. And for the second Offence Behavior he shall become bound to the Good-behavior as if he had been convicted in open Sessions any thing in the said former Statute c. viz. 4 Jac. Cap. 5. to the contrary notwithstanding Cap. 8. Whereas divers turbulent and contentious persons Peace some out of Malice and others in hope of Gain by way of Composition do oftentimes upon their Corporal-Oaths peremptorily and corruptly taken or otherwise upon false Suggestions and Surmises procure Process of the Peace or Good-behaviour out of his Majesties Courts of Chancery and Kings Bench against divers of his Majesties quiet Subjects whose dwellings and abodes are for the most part in Counties far distant and remote from the said Courts to their intolerable trouble and vexation whereas they might upon good cause shewed receive Iustice at the hands of the Iustices of Peace in the Counties where they dwell § 2. N. 1. For remedy whereof be it Enacted Process c. that all Process of the Peace or Good-behaviour after the end of this Session of Parliament to be granted or awarded out of the same Courts or either of them against any person or persons whatsoever at the Suit of or by the Prosecution of any person or persons whatsoever shall be void and of none effect unless such Process shall be so granted or awarded upon motion first made before the Iudge or Iudges of the same Courts respectively fitting in open Court and upon Declaration in Writing upon their Corporal Oaths to be then exhibited unto them by the said Parties which shall desire such Process of the Causes for which such Process shall be granted or awarded by or out of any of the said Courts respectively and unless that such motion and declaration be mentioned to be made upon the back of the Writ the said Writings there to be entred and remain of Record § 2. N. 2. And that if it shall afterwards appear unto the said Courts or either of them respectively Damages that the Causes expressed in such Writings or any of them be untrue that then the Iudge or Iudges of the said Courts or either of them respectively shall and may award such Costs and Damages unto the Parties grieved for their or any of their wrongful Vexations in that behalf as they shall think fit and that the Party or Parties so offending shall and may be committed to Prison by such Iudge or Iudges until he or they pay the said Costs and Damages Supersedeas And whereas divers turbulent and contentious persons deservedly fearing to be bound to the Peace or Good-behavior by the Iustices of Peace of the Counties where they dwell § 2. N. 3. do oftentimes procure themselves to be bound to the Peace or Good-behavior in the said Courts or one of them upon insufficient Sureties or upon colourable Prosecution of some person or persons who will be ready at all times to release them at their own pleasure whereupon his Majesties Writs of Supersedeas are oftentimes directed to the Iustices of Peace and other his Majesties Officers requiring them and every of them to forbear to arrest or imprison the Parties aforesaid for the Causes aforesaid by means whereof the said turbulent and contentious persons misdemean themselves amongst their Neigbours with Impunity to the great Offence and Disturbance of their Neighbours amongst whom they converse and live and to the affront of the Iustices of Peace and to the evil Example and Incouragement of like evil disposed persons Oath Be it further Enacted by the Authority aforesaid § 3. N. 1. that all Writs of Supersedeas after the end of this present Session of Parliament to be granted by or out of either of the Courts aforesaid shall be void and of none effect unless such Process be granted likewise upon motion in open Court first made as aforesaid and upon such sufficient Sureties as shall appear unto the Iudge or Iudges of the same Court respectively upon Oath to be assessed at five pound Lands or ten pounds in Goods in the Subsidy-book at the least Record Which Oaths and the Names of such Sureties § 3. N. 2. with the Places of their abode and where they stand so assessed in the Subsidy-books shall be entred and remain of Record in the same Courts Process And unless it shall also first appear unto the said Iudge or Iudges before whom such Supersedeas is desired § 3. N. 3. that the Process of the Peace or Good-behavior is prosecuted against him or them desiring such Supersedeas bona fide by some Party grieved in that Court out of which such Supersedeas is desired to be so awarded and directed Bail And whereas divers lewd and evil disposed persons commonly called Common-Bailers or Knights of the Post being base or beggarly persons § 4. N. 11 do oftentimes procure themselves to be assessed at high rates in the Subsidy-books and
to punish the Offender by Fine not exceeding one Hundred pounds and the Offender is to remain in Prison till he be discharged by order of the Exchequer both of the Fine and of the Imprisonment or discover the Person that set him on work to the End he may be legally proceeded against Merchants And further that in Case any Carman Porter Waterman or other Person § 7. N. 3. c. shall assist in the taking up or Landing Shiping off or carrying away any such Goods Wares or Merchandize viz. not Landed in the presence of an Officer of the Customes c. that then such Carman Porter Waterman or other person or persons so offending being apprehended by Warrant of any Iustice of the Peace for that County City or Borough which the said Iustices and every of them are hereby Authorized to Issue and to Examine Witnesses upon Oath concerning that fact and the same being proved by the Oath of two Witnesses the said Offender for such first Offence shall and may by such Iustice of the Peace be committed to the next Goal there to remain till he and they find sufficient Surety to be of the good Behaviour for so long time until he and they shall be thereof discharged by the Lord Treasurer Chancellor under Treasurer and Barons of the Exchequer Imprisonment And in Case he or they viz. Carmen Porters or Watermen c. so Convicted shall afterwards at any time Offend in like kind N. 4. viz. taking up Goods landed without presence of Customer c. that then he and they shall and may by any Iustice of Peace as aforesaid be committed to the next Goal there to remain for the space of two months without Bail or Mainprise or until he shall pay unto the Sheriff of that County the Sum of five pounds to the use of his Majesty or until he shall by the Lord Treasurer Chancellor under Treasurer or Court of Exchequer be thence discharged Poor Be it therefore Enacted C. 12. § 1. N. 4. c. That it shall and may be lawful upon complaint made by the Church-wardens or Overséers of the Poor of any Parish to any Iustice of Peace within forty dayes after any such person c. viz. Vagrant coming so to settle as aforesaid in any Tenement under the yearly value of ten pounds for any two Iustices of the Peace whereof one to be of the Quorum of the Division where any such person c. that are likely to be chargeable to the Parish shall come to Inhabit by their Warrant to remove and convey such person or persons to such Parish where he or they were last legally settled either as a Native Householder Sojourner Apprentice or Servant for the space of forty dayes at the least unless he or they give sufficient Security for the discharge of the said Parish to be allowed by the said Iustices Error Provided alwayes that all such persons who think themselves agrieved by any such Iudgment of the said two Iustices § 2. N. 1. may appeal to the Iustices of the Peace of the said County at their next Quarter Sessions who are hereby required to do them Iustice according to the merits of their Cause Husbandry And in such Case viz. of Harvest work c. if the person § 3. N. 2. c. shall not return to the place aforesaid viz. of last abode or shall fall sick or impotent whilest he or they are in the said work it shall not be accounted a settlement c. but that it shall and may be lawful for two Iustices of the Peace to convey the said person c. to the place of his or their Habitation c. under the pains and penalties in this Act prescribed Poor And if such person c. shall refuse to go N. 3. or shall not remain in such Parish where they ought to be settled c. but shall return of his own accord to the Parish from whence he was removed It shall and may be lawful for any Iustice of the Peace of the City County or Town Corporate where the said Offence shall be Committed to send such person c. to the House of Correction there to be punished as a Vagabond or to a publick work-house in this present Act hereafter mentioned there to be Imployed in Work or Labour N. 4. And if the Church-wardens and Overséers of the Poor of the Parish Justices to which he or they shall be removed refuse to receive such person c. and to the provide work for them as other Inhabitants of the Parish any Iustice of the Peace of that Division may and shall thereupon bind any such Officer c. to the Assizes or Sessions there to be Indicted for his or their contempt in that behalf § 5. N. 1. And for the said places within the Weekly Bills of Mortality in the said Counties of Middlesex and Surrey respectively Corporation there shall be elected and chosen by the major part of the Iustices of the Peace for the said Counties in their respective Quarter Sessions Assembled out of the most able and honest Inhabitants and Fréeholders of every of the said Counties of Middlesex and Surrey respectively a President a Deputy President a Treasurer and Assistants for the Corporation c. or Work-houses c. and that upon the vacancy by death or otherwise c. the power to Elect others in their Rooms be in the major part of the respective Iustices of Peace who in their General Quarter-Sessions from time to time shall accordingly supply such vacant places N. 2. And that at every Quarter-Sessions Account they shall require and take an Account in Writing of all the Receipts Charges and Disbursements of the Officers and Treasurer of such Corporation c. or Work-houses how and how many poor People have been Imployed and set to work in the year last past and what stock there was and is remaining § 6. N. 2. And it shall and may be lawful for the major part of the Iustices of Peace in their Quarter-Sessions Justices to signifie unto His Majesties Privy Council the Names of such Rogues Vagabonds Idle and Disorderly persons and sturdy Beggers as they shall think fit to be Transported to the English Plantations N. 3. And upon the Approbation of His Majesties Privy Council to the said Iustices of Peace signified what persons shall be Transported it shall and may be lawful for any two or more of the Iustices of the Peace them to Transport or cause to be Transported from time to time during the space of thrée years next ensuing the End of this present Sessions of Parliament to any of the English Plantations beyond the Seas there to be disposed of in the usual way of Servants for a term not excéeding seven years § 7. N. 3. With which Tax viz. made by Justices of Liberty or County for stock for the Poor if
such Offender to the Goal or House of Correction there to remain without Bail or Mainprise until the next General Quarter-Sessions Assizes Goal delivery great Sessions or sitting of any Commissioner of Oyer and Terminer in the respective County Limit Division or Liberty which shall first happen Indictment When and where every such Offender shall be procéeded against by Indictment c. and shall forthwith be Arraigned N. 2. c. Process And if such c. shall be lawfully Convicted c. either by Confession or Verdict or if such Offender shall refuse to plead the General Issue N. 3. then the respective Iustices of the Peace at their General quarter-Quarter-Sessions c. are hereby enabled and required to cause Iudgment to be Entred c. that such Offender shall be Transported beyond the Seas to any of his Majesties Forreign Plantations Virginia and new-England only excepted there to remain seven years Ouster le nere And shall forthwith under their Hands and Seals make out Warrants to the Sheriff N. 4. c. of the same County where such Conviction or refusal to plead or to confess as aforesaid shall be safely to Convey such Offender to some Port or Haven nearest or most Commodious to be appointed by them respectively and from thence to Imbark such Offender to be safely Transported c. Process And the said respective Court shall then also make out Warrants to the several Constables N. 6. Headboroughs or Tythingmen of the respective places where the Estate real or personal of such c. shall happen to be Commanding them thereby to sequester c. the profits of the Lands and distrain and fell all the Goods of the Offender c. for the reimbursing of the said Sheriff all such reasonable Charges as he shall be at and shall be allowed him by the said respective Court Forfeiture Provided alwayes and be it further Enacted That in case the Offender § 7. N. 1. c. shall pay into the hands of the Register or Clerk of the Court or Sessions where he shall be Convicted before the said Court or Sessions shall be ended the Sum of one Hundred pounds that then the said Offender shall be discharged from Imprisonment and Transportation and the Iudgment for the same Certificate Be it further Enacted That the Lieutenants § 10. N. 2. c. and also the Sheriffs and Iustices of the Peace c. or any of them joyntly or severally c. with such other Assistance as they shall think meet or can get in readiness with the soonest on Certificate made to them respectively under the Hand and Seal of any one Iustice of the Peace c. of his particular Information and Knowledge of such unlawful Méetings or Conventicles held c. and that he with such Assistance as he can get together is not able to supprese or dissolve the same shall and may c. repair unto the place where they are so held c. and by the best means they can to dissolve and dissipate or prevent all such unlawful Méetings and take into their Custody such of those Persons so unlawfully Assembled as they shall judge to be the readers and seducers of the rest c. Force Provided also and be it Enacted c. That the Iustices of the Peace § 15. N. 1. c. shall and may with what aid force and assistance they shall think fit for the better Execution of this Act after refusal or denial enter into any House or other place where they shall be Informed any such Conventicle c. is or shall be held § 16. N. 1. Provided That no dwelling House of any Péer Priviledge c. whilest he or his Wife shall be there resident shall be searched c. but by Immediate Warrant from his Majesty under his Sign Manual or in the presence of the Lieutenant or one of the Deputy Lieutenants or two Iustices of the Peace whereof one to be of the Quorum of the same County c. N. 2. Nor shall any other dwelling House of any Peer or other Person whatsoever be entred into with force Justices c. but in presence of one Iustice of the Peace c. except in London c. § 17. N. 1. Provided also and be it Enacted Imprisonment c. That no Person shall by vertue of this Act be Committed to the House of Correction that shall satisfie the said Iustices of the Peace c. that he or she or in Case of a Feme Covert that her Husband hath an Estate of Frée-hold or Copy-hold to the value of Five pounds per Annum or personal Estate to the value of Fifty pounds 16 17 Car. 22. § 1 N. 4. Viz. Coals to be xxxvi Bushels Guildhal Measure Measures or cxii l. Aver du Pois weight c. upon pain of Forfeiture of all the Coals which shall be otherwise Sold or exposed to Sale by any Woodmonger or Retailer of Coals and the double value thereof to be recovered by any c. in any Court of Record or by way of Complaint made unto the Lord Mayor of London for the time being and the Iustices of Peace within the City of London and Liberties thereof or to any two of them or to the Iustices of Peace of the several and respective Counties and Places where such Coals shall be exposed to Sale or any of them who are hereby Impowred and required to call the Parties before them and to hear and Examine such Complaint upon Oath which by vertue of this Act is to be Administred by them or any two of them and upon due proof thereof made to their satisfaction to Convict the Offenders and to give Warrant under their Hands and Seals for levying the Forfeitures accordingly N. 6. And the said Lord Mayor of London and the Court of Aldermen for the time being and the Iustices of Peace of the several Counties respectively Fuel or any thrée or more of them whereof one to be of the Quorum are hereby Impowred to set the Rates and Prices of all such Coals as shall be sold by Retail as they from time to time shall Iudge reasonable allowing a Competent profit to the said Retailer beyond the Price paid by him to the Importer and the ordinary Charges thereupon accrewing § 2. N. 2. And in Case of refusal viz. by Woodmonger c. to sell at Prices set Process the Officer appointed by the Lord Mayor or by the Justices to enter c. taking a Constable to force entrance and the said Coals to Sell or cause to be Sold at such Rates c. § 4. N. 2. And if any Action shall be Commenced against any Iustice of Peace Constable or other Officer or Person for any thing done by colour of this Act Pleading the Defendant in every such action may plead the General Issue and give the
special matter in Evidence N. 2. And if the Verdict be found for him or the Plaintiff become Non-suited Damages shall recover his Damages and double Costs of Suit for his unjust vexation in that behalf C. 3. § 3. N. 1. Be it further Enacted that every Sheriff shall on the first day of every General Quarter-Sessions yearly held next after the Feast of Easter Inquest deliver and cause to be delivered unto the Iustices of Peace sitting at the same Sessions the names of all Persons of such Estates viz. xx l. per Annum in England and viij l. per Annum in Wales as are by the true meaning of this Act to be Returned for Iury-men to the end the Estates of such Persons may be enquired after and such Persons approved by the said Iustices of Peace or the greater number of them then present to be Persons of such Estates to be retornable for Iury-men for the year then next ensuing N. 2. And the said Iustices shall have power to add such Persons having Estates of the respective values before mentioned Justices as they shall find to be omitted by the Sheriff amongst the Names by him delivered and such a Competent number and no more of such Persons as aforesaid shall be retornable to serve of Iuries for the year next Ensuing as the said Iustices or the greater number of them as aforesaid shall think fit Statuta 17 Car. 2. Religion VIz. Non-Conformist Parson not to come within five miles of City 17 Car. 2. 2. § 3. N. 4. Town Corporate or Borough that sends Burgesses to Parliament or of place where he was Vicar or Preacher c. before he or they have taken and subscribed the Oath aforesaid viz. against taking Arms against the Kings Commissioner before the Iustices of the Peace at their Quarter-Sessions to be holden for the County Riding or Division next unto the Corporation City or Borough Parish Place or Town in open Court which said Oath the said Iustices are hereby Impowred there to Administer Forfeiture Vpon Forfeiture c. of xl l. c. one third c. to the King N. 5. c. the other third c. to the use of the Poor c. and the other third c. to such c. as shall or will sue for the same c. before any Iustices of Peace in their Quarter-Sessions c. Imprisonment Provided also and be it further Enacted § 5. N. 1. c. That it shall be Lawful for any two Iustices of the Peace of the respective County upon Oath to them of any Offence against this Act which Oath they are hereby Impowered to Administer to Commit the Offender for six months without Bail or Mainprise unless upon or before such Commitment he shall before the said Iustices of the Peace swear and subscribe the aforesaid Oath and Declarations viz. of Conformity and against taking Arms c. Statuta 18 Car. 2. Cattle VIz. any Constable c. may seize Cattle alive or dead fat or lean Imported 18 Car. 2. 2. § 1 N. 4. c. and kéep the same during the space of Eight and Forty hours in some publick or convenient place where such seisure shall be made within which time if the owner c. or any for them c. shall make it appear unto some Iustice of the Peace of the same County where the same shall be so seised by the Oath of two credible Witnesses which Oath the said Iustice of Peace is hereby Impowered and required to Administer that the same were not Imported from Ireland or from any other place beyond the Seas not herein after excepted after the said second day of February then the same upon the Warrant of such Iustice of the Peace shall be delivered without delay 20 Car. 2. 7. § 5. N. 3. Scotland Be it therefore Enacted c. That the said Act C. 3. § 1. N. 2. viz. 13 14 Car. 2. 22. and every Clause c. therein contained and all and every the Powers and Authorities thereby given be continue and remain in force until the end of seven years from the Expiration or Determination of the forementioned Act 29 30 Car. 2. 2. Clergy And be it further Enacted § 2. N. 1. c. That the benefit of Clergy shall be taken away from great known and notorious Thieves and Spoil-takers in the said Counties of Northumberland Cumberland or either of them during the continuance of this present Act who shall be duly Convicted for theft done or committed within the said Counties or either of them Ouster le nere Or otherwise That it shall and may be lawful to and for the Iustices of the Assize and Commissioners of Oyer and Terminer or Goal Delivery N. ◠before whom such Offenders shall be Convicted within the said Counties or either of them to Transport or cause to be Transported the said Offenders and every of them into any of his Majesties Dominions in America there to remain and not to return c. C. 4. § 1. N. 3. None to be Buried but in Woollen only Drapery c. upon pain of the Forfeiture of the Sum of Five pounds c. to be levied by the Church-wardens and Overseers of the Poor c. by Warrant from any Iustice of the Peace or Mayor Alderman or Head Officer of such City Town or place Corporate respectively within their several Limits by Distress and Sale of the Goods of the Party Interred contrary to this Act c. or in default thereof by Distress and Sale of the Goods of any that had a hand in the putting such Person into such Shift Shirt Shéet or Coffin contrary to this Act or did order or dispose the doing thereof Statuta 19 Car. 2. 19 Car. 2. 3. § 3. N. 2. ANd if any c. shall presume to build Contrary London c. viz. against the rules for Rebuilding the City of London and be Convicted of the same by the Oaths of two or more Credible Witnesses to be taken before the Lord Mayor for the time being or any two or more of the Iustices of the Peace for the said City who are hereby Impowered to Administer the same Oaths that then and in such Case the said House so irregularly built c. shall be déemed as a Common Nusance C. 4. § 1. N. 2. For remedy c. be it Enacted Poor c. That the Iustices of the Peace of the respective Counties viz. where Poor Prisoners have no Work c. at any their General Sessions or the major part of them then there Assembled if they shall find it needful so to do may provide a stock of such Materials as they find convenient for the setting Poor Prisoners on work in such manner and by such wayes as other County Charges by the Laws and Statutes of the Realm are and may be levied and raised and
Certificate thereof from the said Person c. shall forthwith grant a Warrant for the Levying of the said Forfeiture on the Goods and Chattels c. rendering the overplus c. § 6. N. 3. And in Case such Chief Magistrate or Iustice of the Peace shall neglect his Duty Process in not Issuing his Warrant for the Levying of the said Forfeiture N. 4. He or they so neglecting or Offending shall forfeit for every such Offence the Sum of Five pounds Forfeiture § 10. N. 1. And it is further Enacted c. that Justices c. the said Iustices at their respective Assizes and the Iustices of the Peace at their respective Quarter-Sessions shall give this Act in Charge C. 4. § 3. N. 1. And all Iustices of the Peace within their several Counties and Divisions Poor are hereby Authorized and Impowered to put in Execution all such Powers Directions and Authorities for the full Release and Discharge of such Persons as were in Prison c. viz. on 14 April 1671. N. 2. And of all such other Persons as have béen since that time Committed to Prison and are in Prison c. viz. on 29 May Imprisonment 1678. as the said former Act viz. 22 23 Car. 2. Cap. 20. 7 hath made and provided for the Release and Discharge of such who were in Prison for Debt or Damages c. viz. on 14 April 1671. § 4. N. 3. And if within the space of Thrée months after such Weekly allowance by any Creditor Execution no Estate of the Prisoner shall be discovered or made out before two Iustices of the Peace of that County and Division where the said Prisoner is kept in Prison then the said Prisoner shall forthwith be Discharged by Warrant under the Hands and Seals of any two Iustices of the Peace of the same County and Division where the said Prisoner shall be so in Prison to the Keeper of such Prison in that behalf directed as fully and amply as if such Prisoner had been Discharged by the Iustices of the Peace at their Quarter-Sessions as in the said recited Act viz. 22 23 Car. 2. 20. 7. is mentioned Sheriffs And be it Enacted c. That in Case any Sheriff Goaler § 7. N. 1. and Kéeper of Prison shall refuse and delay to bring and discharge and set at Liberty any Prisoner c. according to the Order of the Iustice or Iustices of the Peace made in pursuance of this Act or of the said former recited Act viz. 22 23 Car. 2. 20. 7. every such Goaler Sheriff or Keeper of Prison shall forfeit and pay to such Prisoners so detained contrary to such Order the Sum of xx l. to be recovered by Action of Debt in any of his Majesties Courts of Record Justices And shall also be subject to such Fine and Punishment as the said Iustices of Peace shall upon Complaint thereof to them made order and Award N. 2. Poor And in Case the profit of his Labor viz. of Prisoner kept at Work on request of Creditor c. shall excéed the value of his maintenance § 13. N. 2. one moiety of the overplus shall go towards the payment of his Debts for which he remains in Execution the other moiety shall be paid to the Hands of the said Prisoner the said moieties to be distributed accordingly by the two next Iustices of the Peace Imprisonment And be it Enacted § 15. N. 1. That any Iudge of such Court whereto such Debtor is a Prisoner or the two next Iustices of the Peace to such Work-house shall and may have power to Commit such Debtor being brought before him or them by Habeas Corpus or Order under the Hands and Seals of such two Iustices unto any Work-house within the County where such Prison is there to remain according to this Act. Debt But such Prisoner viz. upon mean Process not giving Warrant of Attorney before any Justice of Peace that is applied to for discharge § 18. N. 2. c. shall in Case of his refusal to give such Warrant of Attorney lose the whole benefit of this Law Oath Provided alwayes that no Prisoner shall be discharged by vertue of this Act §. 20. N. 1. until he shall before the Iustices of Peace who are by this Act Impowered to discharge him declare upon his Corporal Oath which Oath the said Iustices are hereby appointed to Administer what Estates are belonging to him or what Debt or Debts are then owing to him within any of his Majesties Dominions or elsewhere and by whom and for what Cause and upon what Security Debt Of all which a Schedule shall be made in the presence of such Iustices N. 2. and Subscribed by the Prisoner and shall be by such Iustices returned to the next Sessions there to be kept for the better Information of the Creditors of such Prisoner Measures And it is hereby further Enacted C. 8. § 6. N. 1. c. That in Case after the Admeasuring or Marking of any Boat or Keel or Cart or Wain viz. for Measuring Coals at New-Castle c. the Marks shall be removed or altered that every person or persons who had a hand in the doing thereof shall upon proof thereof by one or more credible Witnesses before any Iustice of the Peace forfeit the Sum of x l. to be Levied upon his Goods and Chattels by Distress and Sale thereof by Warrant of such Iustice of the Peace rendring the overplus and for failure of such Distress to be Committed to the Common Goal there to remain for the space of Thrée months without Bail or Mainprise Fish And to the Intent that a perfect Execution may be had of this present Act C. 9. § 3. N. 1. viz. against Fishing and destroying fry of Fish in the Severn c. Justices Be it Enacted N. 2. c. That the Iustices of Peace within the said respective Counties of Worcester Salop and Glocester wherein they shall be Iustices shall be and are hereby appointed Conservators of the said River and to make one or more under-Conservators within their respective Limits Process And that the said Iustices of the Peace shall Issue forth their Warrants urder the Hands and Seals of any two of them N. 3. directed to such under-Conservator or Conservators or to any Constable Tythingman or Headborough where any such Offence shall be Committed upon their own Knowledge or Information to them given to search in the day time in all suspected Houses and places for all such Nets Instruments Devices and other Engines and the same to Seize and bring before the said Iustices or in their open Quarter-Sessions that the said unlawful Nets Instruments Devices and Engines may upon the View thereof be burnt or made useless § 4. N. 1. Provided alwayes That no Person or Persons Offending as aforesaid Fish
Admiral Mariners Ships Seamen Captains Piracy Poor Souldiers Rogues Navy I. 2 Rich. 2. 4. § 1. N. 3. The King wills and commands all Sheriffs Seamen Mayors and Bailiffs within Franchises and without That at the certification of the said Admirals or their Lieutenants by their Letters thereof viz. Of Mariners departing the King's Service after Wages received to be made testifying the said proof viz. Before them shall incontinent without tarrying make another Commandment of the King our Sovereign Lord to take and attach all Fugitive Mariners by their body within their Bailywick within Franchise and without and put them in Prison there to abide in good and sure keeping till they have made gree to the King c. 18 H. 6. 19. II. By 18 H. 6. 19. § 1. N. 2. And that the Justices of Peace shall have power to enquire of Souldiers that depart from Captains beyond Sea Justices after Wages received c. and to hear and determine the same Ships III. 5 Eliz. 5. § 27. N. 2. That 18 H. 6. 19. in all Pains Forfeitures and other things did doth and hereafter shall extend as well to all and every Mariner and Gunner taking Wages of the King c. to all intents and purposes c. War IV. Lamb. 4. cap. 4. page 422. In charge to Jury at Sessions If any Souldier entred a Souldier of Record and having taken part of the Kings Wages or any Mariner or Gunner having taken prest Wages to serve the King on the Sea have not accordingly gone to his Captain unless he were letted by notorious Sickness c. or have departed from his Captain without his License under his Seal 18 H. 6. 19. 2 3 Ed. 6. 2. § 4. N. 1. 4 5. Ph. Mar. 3. § 2. N. 1. 5 Eliz. 5. § 27. N. 2. But consider whether this entring of Record have any use now Jurisdiction V. 5 Eliz. 5. § 30. N. 1. That all Offences of Transporting Sea-fish Prices Purveyans c. done upon the main Sea or Coasts being no part of the body of any County of this Realm and without the Precinct Liberty and Jurisdiction of the Cinque-Ports and out of any Haven or Pier shall be tryed and determined before the Lord Admiral of England or his Lieutenant or Deputy according to 28 H. 8. 15. for causes of Piracy Justices VI. 5. Eliz. 5. § 30. N. 3. And for all Offences of Transporting Sea-fish Prices eating Flesh Purveyans c. as shall be done in the Land or within any Haven or Pier all Justices of Peace in their Sessions and Mayors Sheriffs and Bailiffs and other head Officers in Cities and Towns Corporate in their Sessions or other Courts within the limits of their Commissions shall have full Power and Authority to enquire of the Offenders of this Act as well by the Oaths of 12 men as otherwise by Information and thereupon to hear and determine the same War VII 5 Eliz. 5. § 43. N. 1. Provided c. and be it enacted That no Fisherman using or haunting the Sea shall be taken by the Queens Commission to serve her Highness as a Mariner on the Sea but that the said Commission be first brought by her Highness Taker or Takers to two Justices of Peace next inhabiting to the Sea-Coasts Towns or other places where the said Mariners are so to be taken to the intent the said Justices may chuse out and cause to be returned such sufficient number of able men as in the said Commission shall be contained to serve her Majesty c. Lamb. 355. Dalt 86. cap. 34. Cromp. 200. License VIII West Sym. 2. part 128. Sect. 195. An Indictment for breaking of a safe Conduct granted by King H. 6. to Merchant-strangers of Genoua see 20 H. 6. cap. 1. Cromp. J. P. 240. b. Pl. 30. Essex ss Juratores pro Domino Rege super sacramentum suum presentant quod eum illustrissimus Princeps Henricus Rex Angliae sextus post conquestum per literas suas patentes sub salvo conductu suo concessit licentiam salvum conductum suum dedit A. B. D. aliis alienigenis mercatoribus de Genoua pro eis quadam Nav ' vocat ' a Carick pro bonis rebus merchandizis suis infra eandem Navem exist ' de transitu Portus Southampton in Anglia per mare versus partes Genoua transfretand ' eadem abfque aliquibus Roberiis fractione impeditione perturbatione aut captione ipsorum alienigenorum bonorum merchand ' sine mercimoniorum suorum predict ' per aliquos ligeos dicti Dom ' Regis infra Regnum dicti Regis Angliae gaudend ' sine impeditione ibid ' quidem H. de D. in Com' E. pred' Armig ' alii fractores salvi conductus Dom ' Regis de ligeis ipsius Dom ' Regis infra Regnum Angliae exist ' ignot ' vi armis viz. Gladiis c. aliis armis tam invasinis que defensibilibus armati salvum conductum pred' minime verentes spernentes in pred' A. B. alios alienigenos ad tunc ibid ' insult ' fecerunt ipsos verberaverunt vulneraverunt male tractanerunt ipsos in Nav ' pred' tanque eorum prisonarios ad tunc ibid ' ceperunt custodierunt eos in Prisona sub custodia sua Diu ' viz. per spatium 4 dierum quousque Iidem A. B. D. alii alien igine in eadem Navi existent ' finem redemptionem pro salvo conductu deliberatione suis habend ' pro sexcent marcis cum prefat ' H. aliis predict ' fecissent detinuerunt contra salvum conductum Dom ' Regis predict ' contra form ' Stat ' in hujusmodi casu promisi ac editi contra Dignitatem Regiam ac in malum exemplum aliorum c. Agait or Await see Coron Agnus Dei see Pope Ale Liquors Wine Beer Brewers Hostler Victuallers Inholders Excise I. 9 H. 3. 25. Magna Carta One Measure of Wine Measures shall be through Our Realm and one Measure of Ale II. Cromp. J.P. 94 Nota Exchequer that Popham Ch. J. said that the Measure of Wine and Ale should be all one and that it had been so agreed by the Justices viz. according to the Standard of the Exchequer see Magna Carta 26 25 and 15. R. 2. 4. see 1 Jac. 9. Alter for Ale Dalt 148. infra 80. III. Cromp. 94 b. ibid. But note that the Ale Quart is the greater Wine because the Froth will amount to a little and Wine Froths not and therefore there shall be a nick in the top of a Wooden Can whereby the Measure shall be to which nick the Beer shall come and this was told me by Mr. Wallis Clark of the Market to Queen Eliz. 25 Jac. 1588. IV. Lamb. 3. cap. 2. pag. 349. The authority of some two Justices of Peace the one being of
serve in any of those Arts have refused to serve 5 Eliz. 4. § 35. N. 1. Husbandry XV. Lamb. 466. ibid. If any person being between the Age of twelve and therefore being Compellable to serve in husbandry have refused to serve in husbandry 5 Eliz. 4. § 7. N. 14. Fees XVI Lamb. 466. ibid. And if any person have given any Wages contrary to the Rates of Wages of Servants and Labourres appointed and proclaimed 5 Eliz. 4. § 18. N. 1. Husbandry XVII 466. If any person retained in husbandry or any the said Arts have after his retainer expired departed out of one Limit Town or Parish into another without a Testimonial and if any person have accepted into his Service any so departing without shewing such Testimonials 5. Eliz. 4. § 10. N. 5. Notice XVIII Lamb. 466. If any any person have put away his Servant before the end of his Term without reasonable and allowed cause before a Justice of the Peace Or at the End of his Term without a Quarters warning before-given and if any Servant departeth without such cause before the end of the Term or at the end thereof without such Warning given before two Lawful Witnesses 5 Eliz. 4. § 8. N. 1. XIX Lamb. 467. If any Artificer or Labourer hired by the day or week have not continued at his work so many hours in the day as he might or taking any work by the Great have unlawfully departed before the Finishing thereof 5 Eliz. 4 § 13. N. 1. XX. Lamb. 467. If any Servant Workman or Labourer Labourers have wilfully and maliciously made any Assault or Affray upon his Master or Dame or other persons having the Charge of such Workers or Works 5 Eliz. 4. § 35. N. 1. XXI Lamb. 467. If any Constable or head Officer Peace have not upon complaint put into the Stocks two days and one night every Artificer or Person meet to Labour that hath refused to Labour in Hay-time or Harvest for the getting or carrying of Corn Hay or Grain being thereunto appointed by a Justice of Peace or such Constable or head Officer 5 Eliz. 4. § 22. N. 1. XXII Lamb. 467. Constable If any person have taken any Apprentice against the Order of the Law And if any person have exercised any Art not being brought up therein as an Apprentice Seven years 5 Eliz. 4. § 31. N. 1. XXIII Lamb. 4. cap 6. pag. 504. Trades So may the Justices hear and determine by Information Action of Debt or Bill of offences against the Statute of Labourers 5 Eliz. 4. § 39. N. 2. Crompt 127. 184. infra XXIV Lamb. 4. cap. 8. pag. 517. So if a Servant depart into another Shire the Justice of Peace of that Shire where the departure was Informations may grant Writs of capias to the Sheriff of that other Shire where the Servant is returnable before themselves 5 Eliz. 4. § 47 N. 1. Crompt 149. b. 109. b. infra Process XXV Lamb. 571. 572. No doubt but 51 H 3. Stat. 5. page 11. de scaccario this Ordinance doth extend to the Justice of Peace as a man may easily gather by Words in the Statute for Lobourers 5 Eliz. 4. § 39. N. 3. Crompt 166. XXVI Lamb. 593. I think it cleerly proved that before 5 Eliz. 4. § 39. Issues the Quarter Sessions ought to be directed by the Statute 2 H. 5. 4. § 2. N. 2. Crompt 125. § 24. Infra XXVII Lamb. 594. Upon this Statute 5 Eliz. Justices some have thought that 2 H. 5. 4. § 2. N. 2. is repealed concerning the Branch of the Sessions and others do think the contrary and prove it by 5 Eliz. 4. § 15. N. 1. which cannot be understood of any other Statutes conserning the Sessions but only of 2 H. 54. § 2. N. 2. c. XXVIII Lamb. 4. cap. 19. pag. 601. Justices The Proof of the Sufficiency or insufficiency of the Cause for which the Master may put away his Servant or the Servant may depart from his master before the end of the Term shall be made at the Quarter Sessions 5 Eliz. 4. § 35. N. 4. XXIX Lamb. 4. cap. 21. pag. 620. Proof If any Justice of Peace not being Sick nor having other Lawful excuse to be restified under the Oath of one assessed in the Subsidy Book at 5 pounds c. do not assemble at the Easter Sessions to rate the Wages of Servants c. he shall lose ten pounds to the King 5 Eliz. 4. § 17. N. 1. XXX Lamb. 4. cap. 19. pag. 609. Justices The Wages of Servants and Labourers are to be rated by the Justice of Peace at the Easter Quarter-Sessions or within six weeks after Easter where those Sessions be usually holden in one place for the Shire by all Justices together but where they are not so usually holden but in several places for several divisions there the Justices of Peace or the most part of them resident within such division shall at the same Quarter-Sessions or at the time of Easter Sessions as is aforesaid Rate and Ingross in Parchment under their Hands and Seals the Wages for Labourers c. within that Division and the Sheriff shall proclaim the same in places convenient therefore 5 Eliz. 4. § 15. N. 1. Cromp. 124. § 24. Infra Poor XXXI Crompt J. P. 7. b. § 17. Note that there is a Statute made 5 Eliz. concerning Workmen Artificers Labourers Apprentices and Servants and another made 14 Eliz. 5. of Vagabonds of which Statutes the Justices have power thereby to inquire and to punish them according to the Form of the said Statutes by which all other Statutes concerning them are of little effect at this day if it be not in certain special points Coron XXXII Crompt 49. b. Article of inquiry at Sessions of those Servants that are past the age of 18 years and are not Apprentice to whom any Caskets Jewels Goods or Chattels are delivered by their Masters accord and run away with them or any part of them to the intent to steal or defraud their Masters or Mistresses of them or be in service with their Master Imbezil the said Caskets Goods or Chattels without assent or command of their Master or convert them to their own use with like purpose and intent to Steal them which Goods are of the value of 40 s or more this is Felony 21 H. 8. 7. and 5 Eliz. 10. Fitz. J. P. 119. Infra 66. Trades XXXIII Crompt 82. b. 83. item Sessions shall inquire whether any Use or Exercise any Mistery Art or Manual Occupation Used or Occupied 5 Eliz. within this Realm who hath not been Educated therein seven years at least as an Apprentice or put any to Work therein who is not a Workman unless he be an Apprentice or hath served as an Apprentice or shall be a Journeyman a year on payment of 40 s for every month 5 Eliz. 4. § 31. N. 1. Lamb. 454.
supra Justices XXXIV Cromp. 124. § 24. The Justices may hold Sessions annually between Michaelmas and Christmas and between the Feast of the Annuntiation and St. John Baptist to inquire of the Branches of the Statute of Labourers and of the good execution thereof and punish the Offenders by 5 Eliz. 4. § 37. N. 1. Lamb. 593. 594. 609. supra Process XXXV Cromp. 149. b. A Justice of the Peace of the County or within a City or Vill Corporate may Award all the Writs of Capias that are necessary to any Sheriff or chief Officers of places or other Counties from whom a Servant or Apprentice of Husbandry or any Arts Sciences or Occupation mentioned in 5. Eliz. 4. is unlawfully departed is returnable before themselves when they please and upon their appearance they may commit them until they find sureties well and honestly to serve their Masters from whom they departed as appears by the Statute 5 Eliz. 4. § 47. N. 1. Lamb. 517. supra see 2 H. 5. 4. Cromp. 185. b. Bail XXXVI Crompt 154. b. The Servant that departs out of the Service of his Master against the Statute 5 Eliz. 4. nor he that refuseth to serve for the Wages limited nor who promiseth to serve and doth not serve according to the said Statute nor Artificers nor Labourers or c. that depart before the Work they undertook to do be finished unless for Lawful cause nor he that is Committed because he gave or received Wages against the Statute shall not be Bailed Justices XXXVII Crompt 168. The Justices of Peace or the greater number of them shall assemble yearly at Easter Sessions and there rate the Wages of Servants c. for that year and certifie it into the Chancery before the 12 of July next after on pain of 10 l. every Justice that is negligent in doing thereof according to the Statute 5 Eliz. 4. § 15. 1. Lamb. 609. supra XXXVIII Crompt 175. b. § 3. A Parson Vicar or Curate shall make a Testimonial to Servants that depart from their Masters and shall have two pence only for making thereof and for Registring thereof 5 Eliz. 4. § 39. N. 2. Lamb. 504. Action XXXIX Cromp. 184. Justices of Peace may Award execution to the informer or to him that will sue by Action of Debt or Bill of complaint for the Moity of forfiture by the Statute of Labourers made 5 Eliz. 4. § 39. N. 2. Lamb. 504. XL. Cromp. 185. By these Cases of F. N. B. 169. 168. 38. H. 6. 14. Trades Labourers 19. 44. 56. 14. Com. 259 c. It appears what the Law was before the making of the Statute of 5 Eliz. 4. whereby another Law is given for the Retainer Departure c. of Servants Retained in Husbandry and for Apprentice and others XLI Cromp. 185. b. Process The Justice of Peace may Award Writs of Capias in any County to take Servants where c. who flee into other Counties from their own Masters to bring before them at such time as they will Assign Cromp. 149. b. Lamb. 517. supra XLII Cromp. 185. b. Nota Imprison If any Serving-man depart without cause from his Master he shall be Imprison for 23 Ed. 3. 2. § N. as to the departure of Servants is general 38 H. 6. Labourers 9. but 5. Eliz. 4. § 11. N. 1. extends not to such Servingmen but to Servants in Husbandry c. Dalt 81. XLIII Crompt 184. b. 189. b. He is no Apprentice if he be not retain Deeds by Indenture and by the name of an Apprentice expresly Hill 3 H. 8. Rot. 379. Dalt cap. 40. and cap. 31. pag. 81. XLIV Dalt 78. cap. 31. Process Also it seemeth that if the first Justice of Peace to whom complaint was made viz ' on 5 Eliz. 4. § 5. N. 5. shall find the default to be in the Apprentice that then the said Justice of Peace may send him to the House of Correction as an idle or disorderly person by the Statute 7 Jac. 4. and needeth not to trouble the Sessions with him yet quere Dalt 359. XLV Dalt 78. ibid ' Any one Justice of Peace may allow of the cause of putting away of a Servant or of the departure of a Servant within his Term Justices But otherwise of an Apperntice for an Apprentice cannot be discharged but by four Justices of Peace at the least and in open Sessions as aforesaid or else by the agreement of the Master and the Apprentice and under his Masters hand in Writing And yet one that is retained as an Apprentice may be seised by his Lord as a Warde by reason the Lords Title is more antient Crom ' 259. Laboures 143. Br. 27. 30. XLVI Dalt 78. ibid ' And yet one Justice of Peace as it seemeth may make his Warrant to attach a Servant or Apprentice Process departed out of Service or refusing to serve to be before the Justices at their Sessions there to answer their defaults Dalton 259. 360. cap. 121. and it seemeth that any one Justice of Peace may send such idle or disorderly Servants to the House of Correction and that by the Statute of 7. Jac. 4. § 8. N. 3. Dalton 385. cag XLVII Dalt 80. cap. 31. The Reason of this Law viz ' 5 Eliz. 4. § 27. Corporat N. 2. seemeth to be for that such as be to be bound Apprentices in Corporate Towns c. If their Parents be of Competent Livelihood then their Master shall not only be the better secured c. but such Apprentices also in likelihood shall have better means to set up their Trades after their time expired and concerning such whose Parents have not 40 s per Annum they are fitter to be bound Apprentice to Husbandry c. in the Country Lamb. 360. Crompt 200. b. XLVIII Dalt 80. cap 31. But concerning this Certificate Certificate on 5 Eliz. 4. sect 27. N 2 it seemeth not much in use at this day neither is this Certificate so of the substance of the matter or so material that for want thereof the Indenture for Binding of such an Apprentice shall be void For the Justice of Peace cannot be compelled to Certifie c. But if the Parent have 50. s per Annum it sufficeth And so were the opinions of Sir Humfrey Winch and Sir William Jones in the Court of K. B. Pasch 21 Jac But Sir Henry Hobard Lord Chief Justice of the K. B. Trades did not then deliver his opinion therein directly yet he seemeth to me to hold that the Parents of such an Apprentice ought to have 40 s per Annum and also ought to procure such a Certificate from the Justice of Peace Trades XLIX Dalt 80. cap. 31. By the Common-Law no man may be prohibited to Work in any Lawful Trade for the Law abhoreth Idleness 11. Co. 53. b. Trades L. Dalt 80. cap. 31. A Woman cannot be restrained to use the Trade of
habeat coram Justiciariis dictae Dominae Reginae ad pacem in Com' predict ' conservand ' assignat ' ad proximam Generalem Sessionem Pacis in eodem Com' tenend ' ad respondend ' dictae Dominae Reginae quare de Villa de M. in Com' predict ' ubi in hyeme Anno regni dictae Dominae Reginae nunc 26. morabatur quamquam in eadem Villa de M. servitium competens eidem B. per quendam A. B. de M. predict ' Yeoman oblatus fuisset ad serviend ' tamen extra predict ' Villam de M. in estate tunc proximè sequent ' recessit in predict ' Dominae Reg ' nunc contempt ' ipsius A. grave dampnum contra form ' Statut ' inde nuper edit ' provisi Dat' c. Dalt 82. see 5 Eliz. 4. § 23. N. 1. LXIX Crompt 238 239. Imprisonm Warrant ' ad deliberand ' Prisonar ' capt ' pro transgr ' tangent ' Statutum de servient ' H. G. Armig ' unus Justiciar ' Domini Regis nunc ad pacem in Com' pred' conservand ' assignat ' Vicecom ' Comitat ' predict ' ac custodi Goale dicti Domini Regis sive ejus locum tenenti eorum cuilibet salutem Quia S. W. de A. Staff ss in Com' predict ' Labourer venit coram me invenit sufficient ' securitatem essendi coram Justiciar ' dicti Domini Regis ad pacem in Com' predict ' conservand ' necnon ad diversas felonias c. in eodem Com' audiend ' terminand ' assignat ' ad proximam Generalem Sessionem Pacis in Com' predict ' tenend ' ad respondend ' tam dicto Domino Regi quam cuidam J. B. de A. Yeoman de diversis contemptibus transgressionibus contra form ' Statut ' de servient ' nuper editi provisi Ideo vobis cuilibet vestrum mando quod predict ' S. W. sine dilatione de custodia vestra deliberari facias seu aliquis vestrum deliberari faciat si ea de causa non alia in custodia vestra detineatur Datum c. 10 die Aug. Anno regni c. LXX A Mittimus to the House of Correction for disorderly Servants Process or other Idle persons Infra 79. I Have sent you herewithall the Body of E. C. in the said County Suff. ss being an idle dissolute and disorderly Fellow or one that will not keep his Service nor follow any honest course of life These are therefore to will and require you to receive the said E. C. and him safely to keep until he shall be thence delivered by my self or some other of his Majesties Justices of the Peace of this County And in the mean time to hold him to such Works and to give him such punishment by putting Fetters or Gives upon him and by moderate Whipping him as in good discretion you shall find cause yielding him for his maintenance only so much as he shall deserve or earn by his labour and work and that at the next quarter-Quarter-Sessions you have the said E. C. together with this our Warrant and hereof fail you not at your peril Dated c. See 7 Jac. 4. LXXI A Mittimus to the House of Correction Departure of a Servant departed from his Master contrary to his reteiner WHereas I. F. of W. in the County aforesaid Labourer was lawfully reteined in Service with I. D. of W. aforesaid Suff. ss Yeoman and hath often departed from his said Service before his term expired without his Masters leave or license or any other reasonable cause contrary to the Laws and Statutes of this Realm These are therefore in his Majesties Name to will and require you to receive and take into your custody the said I. F. and him safely to keep until he shall thence be delivered by due order of Law And in the mean time to hold him the said I. to such Labour and Work and give unto him such punishment as by the Laws are required Giving and yielding him such and so much maintenance as he the said I. shall by his labour and work deserve or earn and that you have the said I. at the next Quarter-Sessions to be holden at W. aforesaid together with this Warrant unless he the said I. F. shall before that time in the presence of some Justice of the Peace find sufficient Sureties well and faithfully to serve his said Master according to his Covenants and hereof fail you not at your peril Given under my Hand and Seal at my house at I. this _____ day of c. To the Keeper of the House of Correction of W. LXXII A Warrant for a Servant which departs from his Master contrary to his reteiner Midd. ss FOrasmuch as I am informed that A. B. was reteined with D. of C. for divers years yet to come as his Servant and that contrary to his reteiner the said A. B. is departed from his said Master before the said term expired contrary to the Law in that behalf These are c. to require you immediately upon sight hereof to bring before me or some other of his Majesties Justices of the Peace of this County the said A. B. to answer the premisses unless he shall be content to serve his said Master willingly according to his said reteiner And hereof fail you not c. Deeds LXXIII Dalt 391. cap. 128. Indentures for Apprentices THis Indenture made the _____ day of _____ witnesseth That A. B. C. D. and E. F. Overseers for the Poor in the Town of H. in the County of C. and I. S. Churchwardens of the same Town by and with the consent of I. N. and M. D. Esqs two of his Majesties Justices of the Peace for the County of c. have by these presents put placed and bound I. H. being a poor Fatherless and Motherless Child as an Apprentice with R. W. of H. aforesaid Yeoman and as an Apprentice with him the said R. W. to dwell from the day of the date of these presents until the said I. H. shall come to be of the Age of 24. years according to the Statute in that behalf provided By and during all which time and term the said I. H. shall the said R. W. his Master well and faithfully serve in all such lawful business as the said I. H. shall be put unto according to his power will and ability and honestly and obedientially in all things shall behave himself towards his said Master his Wife and Children and orderly and honestly towards all the rest of the Family of the said R. W. And the said R. W. for his part promiseth c. during all the said term to find unto his said Apprentice Meat Drink Linen Woollen Hose Shoes and all other things needful or meet for an Apprentice c. In witness whereof c. Lamb. 330. supra Dalt 92. cap. 40. Justices LXXIV Dalt 331. cap. 117. There be sundry Precedents of
quod A. B. de C. in Com' predict ' Grocer nuper serviens B. D. de C. pred' in Com' pred' Grocer 10 die Septemb. Anno regni dicti Domini nostri c. in domo mansionali predict ' B. D. apud C. predict ' in Com' predict ' vi armis viz. gladiis c. ad valentiam c. quos idem A. B. tunc ibidem in manibus suis tenuit in prenominatum B. D. tunc Magistrum suum tunc ibidem in pace Dei dictae Dominae Reginae existentem voludtarie ex malitia sua precogitata insultum fecit eundem B. D. tunc Magistrum suum adtunc ibidem cum dicto gladio felonice proditorie super caput suum fortiter valide percussit ita quod dicto ictu caput ipsius B. D. tunc Magistri sui tunc ibidem in duas partes scidit dans E. plagam mortalem unde corpus dicti B. D. immediate ibidem ad terram cecidit dict' B. D. instanter ibidem de plaga predict ' mortuus est sic prefat ' A. B. apud C. predict ' ex malitia sua precogitata eundem B. D. Magistrum suum predict ' modo forma predict ' voluntarie nequiter felonice proditorie interfecit contra pacem dicti Domini Regis nostri nunc coronam dignitatem suas Et quod quidem I. S. de C. predict ' in dicto Com' M. Grocer ante proditionem predict ' per prefat ' A. B. sic ut prefertur voluntarie perpetratam commissam viz. sexto die Septemb. anno supradict ' eundem A. B. apud C. predict ' in Com' predict ' ad proditionem predict ' in forma predict ' perpetrand ' committend ' felonice consuluit excitavit procuravit contra pacem dicti Domini Regis ac contra coronam dignitatem suas LXXXII Kilb. Preced 2 Edit 311. Process A Warrant for sending a Servant to his Service c. by 2 Justices 1 Quorum To the Overseers of the Poor for the Parish of A. c. FOrasmuch as you have complained unto us Kent ss that B. C. being retained into Service by D. E. of T. c. for one year not yet expired is come out of her Service in the said Parish of T. and likely to be chargable to the same These are therefore in his Majesties Name to command you and every of you that you some or one of you do forthwith convey the said B. C. to her said Master and deliver her unto him to remain with him until she shall be from him lawfully discharged and in case of refusal of the said D. E. to receive the said B. C. accordingly that you some or one of you do forthwith certifie us or one of us of the same to the end that such other proceedings may be thereupon had as by Law is required hereof fail not Given under our Hands and Seals the 10. day of July Anno c. LXXXIII Kilb. Preced 2 Edit 313. Amerciament A Warrant to levy 40 s. on the Master for putting away his Servant before the end of his term 5 Eliz. 4. § 5. N. 1. To the Constables c. FOrasmuch as it appeareth unto us this day upon Oath Kent ss that A. B. of your Town of A. Yeoman hath put C. D. his Servant lawfully retained with him out of his Service before the end of the term agreed contrary to the Law of this Realm These are therefore in his Majesties Name to charge and command you and every of you forthwith upon the receipt hereof that you levy the sum of 40 s. by him the said A. B. forfeited by the Statute for his offence by way of distress and sale of the offenders Goods upon his not payment thereof rendring to the said A. B. the overplus if any be and that you bring with you the said 40 s. at the next General Quarter-Sessions of the Peace to be holden for these parts of K. except the said A. B. shall shew good cause to the contrary to his Majesties Justice of the Peace at A. aforesaid upon Thursday next being the 12. day of this instant Decemb. hereof fail not at your perils Given at the General quarter-Quarter-Sessions of the Peace at B. the second day of c. LXXXIV Kilb. Preced 2 Edit 315. Poor A Warrant for relief of a Man-Seruant that is out of Service 43 Eliz. 2. To the Constables c. FOrasmuch as Complaint is made unto me by A. B. that he being lawfully retained in the Service of C. D. of your Town of E. Yeoman Kent ss at Lady-day was twelve month and being discharged his Service at Lady-day last hath been at the Statute-Sessions supra 30. and cannot find himself a Service and being destitute of means whereby to relieve himself These are therefore in his Majesties Name streightly to charge and command you and every of you that presently upon the receipt hereof you do receive the said A. B. into your Town and see him set on work and provided for according to the Statute in that case made and provided Hereof fail not c. LXXXV West Symb. 2 part 130. sect 205. Coron An Indictment against a Servant stealing 10 l. c. Lamb. Preced 10. pl. 28. see 21 H. 8. cap. 7. 5 Eliz. cap. 10. Juratores pro Domino Rege super sacramentum suum presentant Essex ss qurd cum A. B. de C. in Com' E. predict ' Mercer 20 die Sept. Anno regni c. in domo mansionali ipsius A. B. apud C. predict ' in Com' E. predict ' deliberasset cuidem E. F. de C. predict ' in dicto Comitat ' E. Mercer tunc servienti ipsius A. B. pro uno anno integro retento ac etatis novemdecem annorum existenti decem libras in pecuniis numeratis de bonis ipsius A. B. ea intentione ut idem E. F. eosdem salvo custodiret ad usum predict ' A. B. tunc Magistri sui idem E. F. dicto 20 die Sept. Anno supradicto Apprenticius dicti A. B. tunc non existent ' apud C. predict ' in Com' E. predict ' à dicto Magistro una cum predict ' 10 libris dicti A. B. tunc Magistri sui maliciose felonice discessit abiit aufugit ea intentione ad furand ' dict' 10 libras contra fiduciam in eo per prefat ' A. B. tunc Magistrum suum reposit ' collocat ' ad inde dicum A. B. Magistrum suum predict ' defraudand ' contra pacem dicti Domini Regis nunc ac contra form ' diversorum Statutorum hujus regni Angl. in hujusmodi casu provisorum editorum Indictment LXXXVI West Symb. 2 part 130. b. sect 207. An Indictment upon 21 H. 8. cap. 7. c. 5 Eliz. cap. 10. supra 32. Midd. ss Juratores pro Domino Rege super sacramentum suum presentant quod cum per quendam
c. being bailable by the Law shall not c. be let to Bail or Mainprise by any Justices of Peace if it be not in open Sessions except it be by two Justices of the Peace at the least whereof one to be of the Quorum and the same Justices to be present together at the time of the said Bailment or Mainprise Lamb. 339. Crompt 156 b. 157. infra XIII 1 2 Phil. Mar. 13. § 3. N. 2. Which Bailment or Mainprise they shall certifie in writing subscribed or signed with their own hands Certificate at the next general Goal-delivery to be holden within the County where the said person c. shall be arrested or suspected 3 H. 7. 3. § 1. N. 4. Examination XIV 1 2 Phil. Mar. 13. § 4. N. 1. And that the said Justices or one of them being of the Quorum when any such Prisoner is brought before them for any Man-slaughter or Felony before any Bailment or Mainprise shall take the Examination of the said Prisoner and Information of them that bring him of the Fact and circumstances thereof and the same or as much thereof as shall be material to prove the Felony shall put in writing before they make the same Bailment Certificate XV. 1 2 Phil. Mar. 13. § 4. N. 2. Which said Examination together with the said Bailment the said Justices shall certifie at the next general Goal-delivery to be holden within the limits of their Commission Landon XVI 1 2 Phil. Mar. 13. § 6. N. 1. Provided c. and be it further Enacted c. that Justices of Peace and Coroners within the City of London and County of Middlesex and in other Cities Boroughs and Towns Corporate within this Realm and Wales shall within their several Jurisdictions have authority to let to Bail Felons and Prisoners in such manner and form as they have been heretofore accustomed this Act c. notwithstanding Justices XVII Lamb. 3. cap. 2. pag. 338 339. It seemeth that Justices of the Peace might after the Statute 34 Ed. 3. 1. § 1. N. 6. that made them compleat Judges have letten to Bail such persons as were Indicted of Felony before them in their Sessions even as the Justices of the Kings Bench used to do but not such as were arrested for suspicion of Felony and not Indicted thereof before them because before the Indictment they were no Judges over them and for help herein 1 R. 3. 3. § 1. N. 2. was ordained but that Law begat some inconvenience and therefore it was soon after repealed by 3 H. 7. 3. § 1. N. 7. And here again there sprung up another inconvenience for then Justices of Peace would not stick to borrow one anothers Name as many yet still do and by that means defraud the good meaning of the Statute whereupon it was lastly provided against by 1 2 Phil. Mar. 13. § 3. N. 1. Crompt 156 b. 157 a. infra 33. Imprisonm XVIII Lamb. 340. recited 1 2 Phil. Mar. 13. Because it both comprehendeth some such other things as must concur with the Bailment of the Prisoner and also provoketh to set down what persons are Bailable c. Justices XIX Lamb. 342. Both these last Statutes 3 Ed. 1. W. 1. cap. 15. 23 H. 6. cap. 10. as appeareth were at the first made to give a Rule unto Sheriffs and other Officers as well for the letting to Bail as for the retaining of their Prisoners but as 3 Ed. 1. 15. is by the express letter of 1 2 Phil. Mar. 13. § 2. N. 1. set forth as a Line whereby the Justices of Peace are to guide themselves so it seemeth to me that they ought to have an eye to the other Statute also viz. 23 H. 6. 10. § 1. N. 6. forasmuch as certain other persons be therein also mentioned not to be Bailable by Law and so within the reach of the very words of 1 2 Phil. Mar. 13. § 3. N. 1. Coron XX. Lamb. 342. That 1 2 Phil. Mar. 13. § 3. N. 1. seemeth to distinguish these words death of a man in 3 Ed. 1. 15. § 1. N. 2. and in this place to restrain them to Murder only saving that 1 2 Phil. Mar. 13. § 3. N. 1. admitteth that for some death or Man-slaughter the slayer may be lawfully Bailed which also is the common practice in that behalf Days XXI Lamb. 342. ibid. We learn also that he which within the year is acquitted of Murder or Man-slaughter at the Kings Suit must be remitted to Prison or let to Mainprise till the end of the year and the party grieved may in the mean time commence his Appeal 3 H. 7. 1. § 1. N. 15. Indictment XXII Lamb. 3. cap. 2. pag. 343. It seemeth moreover that he which is Indicted of Felony is not Bailable 41 Ass 30. nor he which confesseth the Felony whereof he is accused for the Statute 3 Ed. 1. 15. § 1. N. 4. meaneth to exclude the one when it saith that he which is Indicted of Pety-Larceny may be Bailed the other 3 Ed. 1. 15. § 1. N. 3. when it denieth Bail to a Prover who must begin with confession of his own fault before he may be admitted to burthen another man XXIII Lamb. 343. ibid. And if a man be taken upon Process of Rebellion issuing out of the Chancery or Star-Chamber Process those Justices of Peace may well be thought void of discretion that shall take upon them to Bail him 23 H. 6. 10. § 1. N. 6. Crompt 152 b. § 2. Dalt 312. XXIV Lamb. 343. ibid. Ability Further me thinketh that I may set down this as a Rule even at the Common Law concerning Bailments That the Justices of Peace cannot meddle with the Bailment of any Prisoner except he be Prisoner for such a cause whereof the Justices of Peace be competent Judges which also was the cause that one Justice of the Peace could not by force of the Commission only have bail'd suspects of Felony before that they were Indict thereof c. for out of Sessions and before Indictment they were no Judges of such a matter XXV Lamb. 343 344. And on the other side it seemeth Justices that two Justices of the Peace the one of them being of the Quorum may out of the Sessions Bail such as come into Prison by the Process of the Sessions made upon penal Laws not forbidding Bail because two such Justices be competent Judges of all those matters insomuch as they may hear and determine them XXVI Lamb. 344. This I will say for all that it becometh Justices of the Peace to be very circumspect in granting Bail Imprisonm both for fear of wrong by denying it to him that is Replevisable and for fear of danger to the Service it self by giving it where it is not grantable and therefore I advise them to consider first
Judges of Assize Justices LIII Dalt 46. ibid. Also in such manner as they are to be chosen in the same manner and by the like Authority are they to be removed c. so as if there shall be cause to remove and put an High-Constable from his place it hath not been thought fit that any one or two Justices of Peace should do it upon their discretion but that it should be done by the greater part of the Justices of that Division and that for some just cause or else that it be done at and in the General Sessions of the Peace and so was the direction of Sir John Dodridge at Summer-Assizes at Cambridge Anno 1620. Sheriffs LIV. Dalt 46 47. cap. 16. It appeareth 12 H. 7. 18. pl. that whereas the Sheriffs of the Counties at the first had the Government of their Counties committed to them that afterwards by reason of the multitude of people and for that it was too great a thing for one person viz. the Sheriff to undertake therefore Hundreds were divided and derived out of the Counties and in every Hundred there was ordained a Conservator of the Peace who was called the High-Constable and after Boroughs or Towns were made and within every of them also was ordained a Conservator of the Peace who is called the Pety-Constable and in some places the Borough-head and this was long before the times that Mr. Lambert Constables 9. supra § 14. speaketh of So that it may seem that as well the High-Constables as the Pety-Constables and their Authorities were by the Common-Law and that the old Statutes concerning them are but a recital of the ancient Common-Laws Kitch 47 b. infra § 65. Dalt 3. supra § 5. LV. Dalt 47. ibid. The chusing and swearing of these Pety-Constables is reputed properly to belong to the Court-Leet yet we find it usual and warranted by common experience that every Justice of Peace doth also swear them and upon just cause doth and may also remove them Dalt 363. infra § 62. LVI Dalt 47. ibid. Sheriff But in ancient time both the High-Constables of Hundreds as also the Pety-Constables of every Town were yearly appointed by the Sheriff in the Tourn and were there sworn or received their Oath and it seemeth that they may still be chosen or appointed and sworn in the Sheriffs Tourn as well as in the Leet Crompt 222 b. supra § 3. 13. LVII Dalt 31. cap. 7. Constable Ale c. is not fit to be allowed to be an Alehouse-keeper 12 Ed. 2. 6. York F. N. B. 172. LVIII 4 Jac. 5. § 7. N. 1. All Constables Church-wardens Ale Headboroughs Tythingmen Alecunners and Sidesmen shall in their Oaths be charged to present Tiplers c. LIX Crompt 147. dicitur 38 H. 8. Faux Imprisonment Br. 6. 41. Affray That a man cannot Arrest him that made an Affray after the Affray is passed without a Warrant contrary before the Affray and in time of the Affray Lamb. 131. Dalt 33. cap. 8. LX. Lamb. Preced 24 b. pl. 69. A Warrant or Supersedeas for the removing of a Pety-Constable and for the swearing of another Supersedeas Carolus Secund ' Dei gratia c. Vicecom ' Midd. necnon Capitali Constabulario Villae Hundredi de W. eorum cuilibet salutem Quia W. P. R. S. Sub-constabularii Villae de C. K. certis de causis nos moventibus ab Officio suo amoveri exonerari fecimus Ideo vobis cuilibet vestrum conjunctim divisim precipimus mandamus quod I. F. R. M. ad omnia singula eidem Officio incumbentia bene fideliter exercenda exequenda prout ipsi nobis inde respondere voluerint jurare faciatis dictisque W. P. R. S. similiter injungentes quod ipsi de dicto Officio ulterius exercendo exequendo nullatenus se intromittant quousque aliud de nobis habuerint mandatum quicquid inde feceritis Justiciariis nostris ad pacem nostram in dicto Comitatu conservand ' assignat ' ad proximam Generalem Sessionem pacis apud C. in dicto Comitatu tenendam certificetis hoc preceptum nostrum tunc ibidem remittentes Teste T. M. uno Justiciar ' nostrorum predictorum tali die c. Dalt 362. cap. 121. Boult 1. cap. 72. pag. 319 320. lib. 3. pag. 175. LXI Dalt 363. ibid. Upon such Warrant Oath Quaere who shall give the Oath to the new Constables whether the High-Sheriff or High-Constable that shall execute such Warrant or the Justice of Peace that granted out such Warrant LXII Dalt 363. cap. 121. Leet This Authority of removing Pety-Constables and of chusing and swearing new is reputed properly to belong to the Leet Br. 14. that being one of the ancientest Courts of the Realm and if the new Elect be not present at the Leet to take his Oath accordingly then upon Certificate or notice thereof to any Justice of Peace of that County the Justice doth use to send his Warrant for the party so chosen and to give them their Oath and I have seen some Precedents to such purpose as followeth To our Loving Friend A. B. of W. Yeoman THese are in his Majesties Name to charge and command you to make your repair unto us or to some other Justice of the Peace of this County to take the Oath of a Constable to serve his Majesty within the Town of W. if they were not chosen at the Leet but if they were it s said further According to the choice made of you by the Jury at the last Leet holden in your Town and hereof fail you not Dated c. Boult 1. cap. 72. pag. 329. Justices LXIII Dalt 363. cap. 121. Also in default of the Leet or otherwise where there shall be just cause to remove a Pety-Constable for his insufficiency or any misdemeanour or other cause every Justice of Peace ex officio as it seemeth may remove the old Constables and may chuse and swear new which also we see to be warranted by common experience Oath LXIV Dalt 363 364. ibid. The form of the Oath concerning the Office of a Constable Kilb. Preced 233. YOu shall swear that you will well and truly serve our Sovereign Lord the King in the Office of a Constable 2. You shall see and cause His Majesties Peace to be well and duly kept and preserved according to your power 3. You shall arrest all such persons as in your sight and presence shall ride or go Armed offensively or shall commit or make any Riot Affray or other breach of His Majesties Peace 4. You shall do your best endeavour upon complaint to you made to apprehend all Felons Barretors and Rioters or persons riotously assembled 5. And if any such Offender shall make resistance with force you shall levy Hue-and-cry and shall pursue them until they be taken 6. You shall do your best endeavour that the Watch in and
cap. 75. 366. cap. 122. 18 Ed. 4. 17. Condition Br. 162. XXXIII Lambert 2. cap. 2. pag. 121. Process The Precept of the Good Abearing Kent ss B. A. E. S. Two of the Justices of the Peace of our Soveraign Lord the Kings Majesty in the County of Kent to the Sheriff of the said County To the Constables of the Hundred of B. and to the Borsholders of the Town of E. in the said Hundred and to every of them Greeting Forasmuch as A. B. of E. aforesaid is not of Good Fame nor of honest Conversation but an Evil doer Rioter Barretor and perturber of the Peace of our said Soveraign Lord as we are given to understand by the complaint of sundry Credible persons therefore on the behalf of our said Soveraign Lord We Command you and every of you that you cause the said A. B. to come before us or some other of our Fellow Justices to find sufficient Surety and Mainprise as well for his Good Abearing towards our said Soveraign Lord and all his Liege People untill the next Quarter Session of the Peace to be holden in the said County as also for his Appearance then there and if he the said A. B. shall refuse so to do that then immediately without expecting any further Warrant you him safely convey or cause to be safely conveyed to our next Prison in the said County there to remain untill he shall willingly do the same so that he may be before the Justices at the said next General Sessions of the Peace to be holden in the said County then and there to Answer 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 thither this Precept with you Witness the said B. A. and E. S. of B. c. the _____ day of _____ c. Crompt 236. b. in Latine XXXIV Lambert 122. ibid. Recognizance The usual Recognizance for the Good Abearing Memorandum quod 4. die Julii An. c. R. P. de E. in Com' predict ' Yeoman in propria persona sua venit coram nobis H. P. Kt. S. L. Esq duobus Justic ' dicti Domini Regis ad Pacem in dicto Comitatu conservand ' assignat ' assumpsit pro seipso sub poena vigint ' librarum H. J. de L. in Com' predict ' Yeoman J. F. de M. in eodem Com' Husbandman tunc ibidem in propriis personis suis similiter venerunt manuceperunt pro predict ' R. P. viz quilibet eorum seperatim sub poena Cent ' solid ' quod idem R. P. personaliter comparebit coram Justiciariis dicti Domini Regis ad pacem c. ad proximam generalem sessionem c. quod ipse interim se bene geret erga Dominum Regem cunctum populum suum praecipue erga J. B. de C. c. quod ipse non inferet nec inferri procurabit per se nec per alios Damnum aliquod seu Gravamen prefato J. B. seu alicui de populo ipsius Domini Regis de corporibus suis per insidias insultus seu aliquo alio modo quod in laesionem seu perturbationem pacis dicti Domini Regis laedere valeat quovismodo viz. uterque H. J. J. F. sub pena cent ' librarum predict ' R. P. sub pena ducent ' librarum quas quidem seperales summas Cent ' librarum uterque predict ' H. J. J. F. ut predicitur per se ac predict ' R. P. dict' ducent ' librarum Recognoverunt se debere dicto Domino Regi de terris tenement ' Bonis Catallis suis quorumblibet cujuslibet eorum ad opus ipsius dicti Domini Regis fieri levari si contingat prefatum R. P. in aliquo premissorum deficere inde legitimo modo convinci c. Dat. c. Dalt 370. cap. 123. Kilborns Precedents 192. Condition XXXV Lambert 122 123. Or by a single Recognizance with this Condition Endorsed under Written Conditio Recogn ' predict ' talis est quod si predict ' R. G. Imposterum se bene geret Pacem Domini Regis conservabit erga dictum Dominum Regem cunctum populum suum nullum Damnum Corporale c. extunc Recognitio predicta pro nullo teneatur alioquin in suo robore permaneat Dalt â—71 cap. 123. Supersedeas XXXVI Dalt 365. cap. 122. A Supersedeas of the Good Behaviour by one Justice H. B. Serviens ad legem unus Justic ' Domini Regis c. Vicecom ' ac omnibus singulis Ballivis Ministris fidelibus dicti Domini Regis in eodem Com' eorum cuilibet salutem quia J. S. sufficient ' securitat ' de pace de bono Gestu suo erga dictum Dominum Regem precipue erga W.T. coram me invenit ideo ex parte dicti Domini Regis vobis cuilibet vestrum mando precipio firmiter injungens quod de ipso J. S. pro hujusmodi securitat ' c. inveniend ' capiend ' sive Arrestand ' omnino supersed ' si ipsum J. S. ea occasione ceperitis sive Imprisonaveritis tunc eum deliberari facias si ipse J. S. ea occasione non alia detineatur Teste c. XXXVII Dalt 366. cap. 122. And Mr. Crompton is of Opinion that these viz. Supersedeas of the Good Behaviour c. may be granted by any one Justice of the Peace with whom Rast Entr. 454. tit Peace But Mr. Lambert 123. thinketh it not in the lawfull power of any one Justice of Peace to grant such Supersedeas at this day but that it must be done by two Justices at the least and the one being of the Quorum nevertheless for that I find the old Precedents to run in the name of one Justice of the Peace alone I have drawn these accordingly perswading notwithstanding the Joyning of two Justices herein and one of the Quorum if they may conveniently XXXVIII Crompt 138. § 3. Justices And it seemeth that one Justice of Peace may Award such a Precept viz. for the Good Behaviour against another person by his discretion as well as two Justices may and the Statute 34 Ed. 3. 1. § 1. N. 6. is to the same effect by the words thereof otherwise perhaps Damage would happen to some of the Kings Subjects if the party be not Attacht before two Justices have made the Precept yet the common usage is to make such a Precept of the Good Behaviour in name of two Justices and it is good to keep this Ordinance Fitzh J.P. 7. XXXIX Dalt 371. The Condition of a Recognizance c. Condition The Condition of this Recognizance is such that if the above bounden R. G. shall personally appear before the Justices of our Soveraign Lord the King at the next General Sessions of the Peace to be
can learn than by Admonition only and calling upon the Parties in which behalf if he shall not be obeyed accordingly he is to prefer the Cause at the Sessions and to work it to a Presentment upon the Statute and so by the help of his fellow Justices to hear and determine thereof as Law requireth Dalt 18. 19. cap. 5. But for prevention of the breach of the Peace he hath full Authority hereby 5. Not only to call the party for the finding of Sureties for the Peace or for the Good Behaviour as the Case shall require but also for not finding such Sureties to Commit him to safe Custody within his Majesties Goal or Prison Lamb. 77. 84. Jurisdiction VII Lambert 49 50. Least these Justices should rather Ground their Judgments upon the Number of voices then upon the weight of reasons this latter clause is shut up with a proviso and restraint § 15. That in all Cases of ambiguity and doubt they shall spare to proceed to Judgment and expect the presence of the Justice of Assize c. and yet as Mr. Fitzh 7. well Noteth is not their Judgment void if they list to proceed without such advise but it standeth good and effectual until it shall be Reversed by a Writ of Error Crompt 6. ab Oath VIII Lambert 53. The Oath of Office of a Justice of Peace Ye shall Swear that as Justices of the Peace in the County of M. in all Articles in the Kings Commission to you directed you shall do equal right to the Poor and to the Rich after your cunning Wit and Power and after the Laws and Customs of the Realm and Statutes thereof made § 2. And ye shall not be of Counsel of any quarrel hanging before you And 3. That ye hold your Sessions after the Form of Statutes thereof made And 4. The Issues Fines and Amerciaments that shall happen to be made and all Forfeitures which shall fall before you ye shall cause to be entred without any Concealment or Imbezelling and truly send them to the Kings Exchequer 5. Ye shall not let for Gift or other cause but well and truly you shall do your Office of Justice of Peace in that behalf and that you take nothing for your Office of Justice of the Peace to be done but of the King and Fees accustomed and Costs limited by the Statute And 6. Ye shall not direct or cause to be directed any Warrant by you to be made to the parties but you shall direct them to the Bayliffs of the said County or other the Kings Officers or Ministers or other indifferent persons to do Execution thereof So help you God and by the Contents of this Book in French Crompt 10. ab Dalt 13. cap. 4. Process IX Lambert 56. It would avail greatly to the furtherance of the service if the Ded ' potestat ' to give these Oaths viz. of Supremacy and Alleigance c. were dirigible to the Justices and none other to Minster the same not elsewhere but in their open Sessions Statutes X. Crompt 7. § 13. 14. By these words § 3. it appears that the Justices ought to do their Endeavour that these Statutes be kept in all points and that they in every of their Quarter Sessions should inquire of the Offenders against them and that they in their Charge given to the Enquests should rehearse especially the Articles of those Statutes that concern the conservation of the Peace and the Good Government of the Subjects of the Realm Fitzh J. P. 10. 10. Ed. 3. cap. 6. Imprisonment XI Crompt 9. b. § 49. The Justices of the Peace have no power to deliver the Goal unless only of those that are Indicted before themselves or before other Justices of Peace of the same County according to the power given to them by the Commission 13 Fitzh J. P. 14. Crompt 122. b. § 5. Lambert 541. XII Crompt 10. § 53. By these words § 6. it appears Enquest that two Justices of the Peace may enquire of all Articles expressed in their Commission though none of them be Justices of the Quorum but the Justices of Peace cannot hear and determine the Articles contained in their Commissions unless one of them be a Justice of the Quorum unless in special Cases given by Statutes XIII Dalt 19. cap. 5. By this Justices of Peace have Execution 13 Ed. 1 Stat. 2. of Winchester in charge it may appear that the King by his Commission may commit the Execution of the Statutes and Laws to whom he shall please and so also a Justice of Peace by vertue of the Commission may execute any Statute whereunto he shall be enabled by the said Commission although there shall be no express power given him so to do by the Words or Letter of the same Statute 22 Ed. 4. Jurisdict 61. Bract. 108. 11 Co. 65. XIV Dalt 19. cap. 5. Note also Commission that there be divers Statutes which be not specified within the Commission and yet are committed to the Charge and Care of the Justices of Peace but all such Statutes which do give expresly any power or Authority to the Justices of Peace are to them a sufficient Warrant and Commission of themselves though they be not recited in the Commission and all such Statutes are also to be executed by them according as the same Statutes themselves do severally prescribe and set down Lamb. 33 34. Pasch 11. H. 7. 22. pl. 11. of Rape XV. Lamb. 64 65. It is the opinion of the Court Records 9 Ed. 4. 3. 14 H. 8. 16. and of divers other Books in our Law that every one of the Justices of Peace even by himself is a Judge of Record for he is made by the Great Seal and hath judicial power and hath a Seal and by Brudnell Peace Br. 6. 14 H. 8. 16. if he make any Warrant though it be beyond his Authority it is not disputable by the Officer c. F. N. B. 81. E. Crompt 120. XVI Lamb. 65. Yea Supersedeas by good opinion 2 H. 7. 1. a Supersedeas of the peace made by one Justice under his Seal being brought into the Sessions is a sufficient Record to prove that there is a Recognizance of the Peace taken by the same Justice and it is warrant enough to call the party bound thereupon and if he make default to record the same XVII Lamb. 67. The Kings Majesty may discharge the Commissioners of the peace by his express Writ under the Great Seal Repealans L. 5 Ed. 4. 32. 137. Judges Br. 19. and if he send a Supersedeas to all the Commissioners of the peace that will suspend all their Authority but yet so that it may be renewed by a procedendo and therefore it doth not utterly determine their Authority as may be gathered by 12. Ass 21. Oyer Term. 4. XVIII Lamb. 67. Again Repealans when the Kings Majesty makes other Commissioners of
County in which any Jesuit Seminary Priest or other Priest Deacon or Religious or Ecclesiastick person mentioned shall Arrive or Land may within three days after take the Submission Oath and Acknowledgment of him touching his obedience to the Kings Majesty and to his Laws and Ordinances provided in Causes of Religion 27 Eliz. 2. § 10. N. 2. L. Lambert 198. The party that doth first discover to any Justice of Peace any Recusant or other Entertaining or Relieving any Jesuit Seminary or Popish Priest or any Mass to have been said and any of them that were present thereat within three days after the Offence and by reason of his Discovery any of the Offenders be taken and Convicted shall be freed from the Offence and have the third part of the Forfeiture 3 Jac. 5. § N. Lamb. 294. LI. Lambert 198 199. Fowl Every Justice of Peace may examine the offences against the Statute 23 Eliz. 10 § 2. N. 6. and against Hawkers in Corn and may take Bond with good Sureties to appear at the next General Sessions of the Peace to answer the offence c. Crompt 124. b. Crompt 195. § 8. Dalt 66. cap. 25. Sheriffs LII Lambert 199. It seemeth that one Justice of the Peace may upon complaint of the party grieved examine the Sheriff Undersheriff Shire Clerks and Plaintiff concerning the taking or entring of Plaints in their County Courts and Books against the Statute 11 H. 7. 15. § 1. N. 10. infra § 138. Lambert 293. Crompt 195. § 9. 10. Dalt 154 155. cap. 66. Corn. LIII Lambert 199 200. The Certificate of one Justice of the Peace joyned with the Customer of the Place of the unlading and Selling of Corn or Grain or Cattle carryed by Water from one place to another of this Realm unto the Customer and Controller of the place where the same was Imbarked is sufficient against Forestalling 5 6 Ed. 6. 14. § 12. N. 2. Dalt 155. cap. 66. LIV. Lambert 200 201. If any Bayliff or Constable of any Borrough or other Town shall find any Mault made contrary to 2 3 Ed. 6. 16. § N. 25 Eliz. 14. § N. than with the advice of any Justice of Peace within the Shire he shall cause the same to be Sold to such persons and at such reasonable prizes under the Common price of the Market as to his discretion shall seem convenient Dalt 21. cap. 6. Imprisonment LV. Lambert 201. The party Convicted and Committed to Prison by the Justices of Peace for not obeying this restraint of converting Barley into Malt must there remain three days and after that untill he shall become bound in Recognizance of 40 l. to the Kings use before any Justice of the Peace to obey such his restraint 39 Eliz. 16. § 1. N. 3. Sanctuary LVI Lambert 200. One Justice of Peace may take out of Sanctuary certain persons abjured thither and others being Indict of some kind of Offences mentioned done after they became Sanctuary men and may Commit them to the Goal in the County where the Indictment is found till they be Tryed 22 H. 8. 14. § N. Crompt 195. § 7. Fresh Suit LVII 200. No person shall after he shall be Robbed bring any Action upon any the Statutes concerning Hue and Cry except he shall first within Twenty days next before such Action brought be examined upon his Corporal Oath before some one Justice of the Peace of the County wherein the Robery was Committed Inhabiting within or near the Hundred c. then also shall he before such Action be brought enter into Recognizance before the same Justice effectually to prosecute such persons known c. 27 Eliz. 13. § 11. N. 2. Fish LVIII Lambert 201. By Warrant of any one Justice of Peace the Constables and Churchwardens of every place wherein destroying of the Spawn and Brood of Fish is Commit may levy the Forfeitures by distress and Sale 3 Jac. 12. § 2. N. 3. Sewers LIX Lambert 201 202. Every Justice of Peace as it seemeth within the Shires next adjoyning to the River of Thames within his several Jurisdiction hath power upon complaint made unto him by the Overseers and Rulers of the Water-men and Wherry-men or two of them or by the Masters of any such Servants both to examine hear and determine all offences against the Statute and to set at large him that shall be Imprisoned by such Overseers or Rulers if there be just cause and also by his discretion to punish those Overseers and Rulers 2 3 Phil. Mar. 16. § 6. N. 1. Cromp. 194. § 2. Dalt 155. cap. 66. LX. Lambert 202. Cattle Any Justice of Peace within six Months after the Sale in Market overt of any stoln Horse Mare Gelding Colt or Fillye may take the claim and hear the proof of the right Proprietors thereof 31 Eliz. 12. § 4. N. 1. LXI Lambert 202. Pope Any one Justice of the Peace may within three Months after the Conviction of any Seditious Sectarie require the Submission of him to Conformity and in default thereof may require him to abjure the Realm 35 Eliz. 1. § 2. N. 1. Poor LXII Lambert 202. Any Justice of Peace may appoint any person to be openly Whipped Naked untill his or her Body be Bloody that shall be taken Begging Wandring or disordering him or herself and is declared by the Statutes to be a Rogue Vagabond or Sturdy Beggar 39 Eliz. 4. § N. 1 Jac. 7. § N. Crompt 96. Dalt 21. cap. 6. 155. cap. 66. 122. cap. 47. LXIII Lambert 209. 210. Drapery Upon any Information given to any Justice of the Peace against suspected Users of Logwood alias Blockwood such Justice may by his Warrant or other Commandment cause to come before him and examine by Oath or otherwise the Servants or Work-men of such suspected or others and on finding the same to Bind with Surety to the next Goal Delivery or Quarter Sessions of that County and on refusal to Commit to the next Goal c. 39 Eliz. 10. § 2. N. 2. Crompt 198. b. Dalt 48. cap 18. LXIV Lamb. 210. Every Justice of the Peace of any of the Counties on the North side of Trent hath some power in searching out the deceit of strayning or stretching those Country Clothes Kersies Cottons c. 39 Eliz. 20. § N. LXV Lamb. 210. Every Justice of Peace before whom any person Arrested for Manslaughter or Felony or Suspition thereof shall be brought Coron ought before Commitment to take Examinations c. in Writing and Bond to appear and give Evidence next Goal Delivery 2 3 Ph. Mar. 10. § 2. N. 2. Crompt 194. b. § 1. LXVI Lambert 292 293. Taxes The Assess made at the Easter Sessions of the Peace upon every Parish in the County shall yearly in default of the Parishioners and in default of the Constables there be rated by order of such Justice of Peace as shall
dwell in that Parish or if none so be dwelling in the parts next adjoyning and in default of the Church-wardens and Constables any Justice of Peace within the limit may levy the same by Distress and Sale of Goods of any person refusing or neglecting to pay his portion thereof and in default of Distress to Commit c. 43 Eliz. 2. § 13. N. 1. LXVII Lambert 293 294. Any one Justice of Peace of that Limit Pope Division or Liberty where the party dwelleth upon proof by Confession in not repairing every Sunday to some Church c. according to 1 Eliz. 2. § N. And if he or she cannot make a sufficient excuse thereof the same Justice may give his Warrant to the Church-Warden of the Parish where the Offender dwelleth to distrain for 12 d. for every such default and for want of Distress to Imprison the Offender c. 3 Jac. 4. § 27. N. 2. Dalt 104. cap. 45. Imprisonment LXVIII Lambert 294 295. Such Justice of Peace as Committed for any offence of refusing to pay Charges for conveying to Prison may give his Warrant to the Constable to Sell such Goods of the Offender as will satisfie the Charge and if he have none the Parish where he was apprehended shall be Taxed and on refusal to pay Distress and Sale by Warrant from the said Justice or any other neer adjoyning to the Constable c. 3 Jac. 10. § 2. N. 1. Dalt 103. cap. 43. Games LXIX Lambert 295. Every person finding or seeing any to offend against the Statute against shooting in Cross-bows and Hand-guns may Arrest and bring or convey him to the next Justice of the Peace of the County where he was found offending who upon due Examination and proof may by his discretion Commit till payment of the Forfeiture Crompt 195. § 6. 33 H. 8. 6. § 16. N. 1. Dalt 155. cap. 66. Imprisonment LXX Crompt 122. § 33. One Justice of Peace who was not of the Quorum rebuked a Justice who was of the Quorum yet he cannot Commit him to Prison nor no other of his Companions can Commit him to Prison for this Cause because that all are by one Authority and therefore he hath no Remedy if the King will not Amove him 3 H. 7. Fitzh J. P. 3. See if it be in open Sessions that one abuseth another it seemeth that the others may bind him to the Peace Ways LXXI Crompt 195. § 5. One Justice of Peace may present to the next Sessions the High-wayes not sufficiently repair'd 5 Eliz. 13 § 8. N. 3. Dalt 67. cap. 26. Slander LXXII Crompt 195. § 15. One Justice of Peace may Commit him that is vehemently suspected to offend against the Statute of 23 Eliz. 2. § N. touching the speaking of Slanderous News c. against the King that now is Dalt 102. cap. 42. Poor LXXIII Crompt 195. b. Sect. 19. One Justice of Peace may Commit to Prison Rogues Vagabonds and Sturdy Beggars being above the age of 14. there to remain untill the next Sessions or Goal Delivery which first happen 14 Eliz. 5. § N. Forest LXXIV Crompt 195. b. § 20. The Examination by one Justice of Peace for Hunting in Parks c. against 1 H. 7. 7. § 1. N. 3. is Good Lamb. 191. Riot LXXV Crompt 195. b. § 16. One Justice of Peace may suppress them who do any thing against the Statute of Rebellious Assemblies 1 Mar. 1. Stat. 2. cap. 12. § N. War LXXVI Dalt 154. cap. 66. One Justice of Peace on view may punish persons that shall ride or go Armed contrary to 2 Ed. 3. 5. Force LXXVII Crompt 75. Tho one Justice may execute the said Statute 8 H. 6. 9. of Forcible Entry it s better to have two or more to avoid partiality Joynder LXXVIII Lambert 3. cap. 1. p. 308 309. It is universally true that whatsoever thing one Justice of the Peace alone is permitted to do either for the conservation of Peace or in the Execution of the Commission or Statutes the same also may be no less lawfully performed by two or more Justices except it be in a very few Cases where some Statutes do seem especially to appropriate the Execution thereof to some one certain Justice either in respect that he is next to the place eldest of the Quorum or the like Riot LXXIX Lambert 318. If two Justices of the Peace without the Sheriff or Under-Sheriff shall see certain persons in doing any Riot they may cause them to be Arrested and may make a Record of that Offence whereof the parties shall be for ever concluded Fitzh J. P. 9. whereto he addeth in his Book of Justices of Peace fol. 17. that if two such Justices shall make such a Record where in truth they saw no such Riot that yet the parties shall be Estopt and are without remedy 8 H. 6. 14. § 1. N. 11. Crompt 199. ab LXXX Lamb. 329. Any two Justices of the Peace Apprentice upon complaint that any Servant retained by the Statute departeth before the end of his Term or at the end thereof without a Quarters warning or that any person compellable by the Statute to serve doth refuse to serve for the Wages appointed may examine the matter and finding such Servant or Person faulty may commit him to Ward there to remain till he shall be bound to the party offended to serve and continue according to the Statute 5 Eliz. 4. § 9. N. 5. Crumpt 198. Dalt 21. cap. 6 154. cap. 66. LXXXI Lamb. 330. Poor Any two Justices of the Peace may make Testimonial to a Serving-man that is turned away from his Master or whose Master is dead 14 Eliz. 5. § N. 18 Eliz. 3 § N. Crumpt 198. LXXXII Lamb. 330. Apprentice Any two Justices of the Peace may give assent to the Churchâ—Wardens and Overseers or to the greater part of them to bind as Apprentices the Children of poor Parents Men till XXIV and Women till XXI 39 Eliz. 3 § N. LXXXIII Lamb. 330. Drapery Any two Justices of the Peace may dispose of the monys rising by the deceitful stretching of the Northern Cloth c. 39 Eliz. 20. LXXXIV Lamb. 330. Poor Any two Justices of the Peace may by Warrant under their Hands and Seals cause to be Levyed by Distress and Sale of the Goods of the Offender all Fines and Forfeitures that shall grow by the confession of the Offender or by proofs of two lawful and sufficient Witnesses before them upon this Statute of Rogues 39 Eliz. 4. § 11. N. 2. LXXXV Lamb. 330. Ale Any two Justices of the Peace may give allowance for urgent and necessary occasions to remain in an Inn Victualing house or Ale-house 1 Jac. 9. § 2. N. 5. LXXXVI Lamb. 331. Corn. Any two Justices of Peace may duly Convict by two Witnesses or by the Party's confession any person that shall disturb the restraint of Maulting made
2. N. 1. Dalt 21. cap. 6. Pope CXVII Lamb. 358. Two Justices of the Peace the one being of the Quorum may require any person of Eighteen years of Age or above Convict or Indicted for Recusancy for not repairing to Divine Service or which hath not received the Sacrament twice within the year then next past or any unknown person passing through the County confessing or not denying being Examin'd upon Oath him or her self to be a Recusant or that he or she received not the Sacrament other then Noblemen or Noblewomen to take the Oath in this Statute appointed and are to certifie in writing at the next Quarter Sessions the names and place of persons so taking the Oath and to commit refusers to the common Goal without Bail until next Assizes or Quarter Sessions 3 Jac. 4. § 13. N. 2. c. Dalt 87. cap. 36. CXVIII 5 6 Ed. 6. 24. § 2. N. 1. No person to make Felts Apparel Hats or Coverlets but by License by Mayor Recorder Steward and two Justices of Peace of the said City of Norwich or by four of them c. Lambert 359. CXIX 35 H. 8. 11. § 4. N. 1. Provided Wales That two Justices in every County of Wales and Monmouth may Tax Inhabitants for Wages of Citizens and Burgesses of Parliament Lamb. 359. CXX 11 H. 7. 9. § 1. N. 5. None to let Ferm in Tindal and Examshire Peace till Lessee with two Sureties of 40 s. per Annum be bound to the King by Recognizance in 20 li. before two Justices of the Peace of Northumberland Quorum unus to appear on six days notice before them or at any Sessions c. Lamb. 359. CXXI Lamb. 359. Purveyors That two Justices have power on 2 3 Phil. Mar. 15. § N. 13 Eliz. 21. § N. for prohibition of Purveyors within five miles of either of the Universities CXXII Lamb. 359. Two Justices of Peace one of the Quorum Ways have power on 14 H. 8. 6. § N. 26 H. 8. 7. § N. for laying out new High-ways in Kent and Sussex CXXIII Lamb. 359. Two Justices Quorum unus have power for repair of Cardiff Bridge 23 Eliz. 11. § N. CXXIV Lamb. 359. The like for the making of the Bridge of Wilton over Wye in the County of Hereford 39 Eliz. 24. CXXV Lamb. 359. The like for repair of Chepstow Bridge 3 Jac. 23. CXXVI 35 Eliz. 6. § 2. N. 4. Cottages None to Erect new Building for Habitation within three Miles of London except Assess'd to Subsidy at 5 li. Goods or 3 li. Lands or shall be adjudged by the two next Justices of Peace by writing under their Hands and Seals to be fit and able to be Assessed in the Subsidy at that rate c. Lamb. 359. CXXVII Crumpt 199. b. Two Justices of Peace may give License to Fencers Bearwards Common-Players in Enterludes Minstrels Juglers License Pedlers Tinkers and petty Chapmen to go so that they shall not be taken for Rogues 14 Eliz. 5. 39. Eliz. 4. § N. CXXVIII Lamb. 360. Riot Three Justices of the Peace one of them being of the Quorum may discharge out of Prison any Person committed thither for his Offence in not declaring to a Justice within 24 hours that he was moved to joyn in any unlawful Assembly contrary to 1 Mar. 1. St. 3. cap. 12. § 11. N. 1. 1 Eliz. 17. § N. Crumpt b. CXXIX Lamb. 360. Apprentice It is requisite that the Certificate that is to be made to the head Officer of a City or Town Corporate where a Child is to be put Apprentice to a Merchant Mercer Draper Goldsmith Ironmonger Imbroyderer or Clothier that the Father or Mother of such Child may dispend forty Shillings freehold by the year be under the Hands and Seals of three Justices of the Peace where the Lands lye 5 Eliz. 4. § 27. N 2. Crumpt 200. b. CXXX Lamb. 360. 361. Four Justices of Peace of the County Pope Limit or Division where a Recusant is confined according to the Statute of 35 Eliz. 1. § N. With the assent in writing of the Bishop of the Diocess or of the Lieutenant or Deputy Lieutenant of the same County under their hands and Seals may give licence to such Recusant to travail about his necessary business according to the limitation of the same licence the Party licenced first taking his Oath that he hath truly informed them of the Cause of his Journy and that he shall not make any causless stayes 3 Jac. 5. § N. Poor ways CXXXI Lamb. 361. The Bishop and his Chancellor and three such Justices of the Peace have power to examine how mony or other relief appointed by King H. 8. or any other to the use of the Poor or of amending of High-ways or Bridges is bestowed and to call to account the Detainers thereof 14 Eliz. 5. § N. 29 Eliz. 18. § N. Crumpt 200. b. Religion CXXXII Lamb. 361. It seemeth that three such Justices of the Peace may out of the Sessions take Information and Accusation by the Oaths of two honest Persons against such as shall deprave the Sacrament of the Body and Blood of our Lord and Saviour Jesus Christ against the Statute and Examine them what other Witnesses were then by and to bind them all by recognizance to give in Evidence at the day of Tryal 1 Ed. 6. 1. § N. but enquire of this matter Dalt 133. 134. cap. 49. Crumpt 124. a. Ways CXXXIII Lamb. 361. 362. Four Justices of the Peace whereof one to be of the Quorum may where a decayed Bridge is and where it cannot be proved who or what Lands be chargeable to the repairing thereof tax the Inhabitants make Collectors and appoint Overseers for the amendment of the same c. 22 H. 8. 5. Crumpt 200. b. 125. Imprisonment CXXXIV Lamb. 362. Six Justices of the Peace may in sundry Shires take order for the common Goals whereof the Sheriff shall have the Custody and to the which Murderers and Felons c. shall be sent and may do and perform divers incidents thereto by the Statutes 23 H. 8. 2. § N. 13 Eliz 25. § N. Crumpt 200. b. 201. a. Sewers CXXXV Lamb. 362. Six Justices of the Peace two of them being of the Quorum may for a whole year after the expiration of any Commission of Sewers execute the Laws of the Commissioners of Sewers unless that a new Commission of Sewers be published within the year 13 Eliz. 9. § N. Dalt 134 cap. 50. Crumpt 201. Wales CXXXVI 34 35 H. 8. 26. § 57. N. 1. The Justices of Peace in Wales or two of them at the least whereof one to be of the Quorum shall and may keep their Sessions within the limits of their Commissions four times in the year and at other times upon urgent Causes as Justices of Peace in England use to do and shall have like Power and
Authority in all things and fees c. Lamb. 362. so in Cheshire by 27 H. 8. 5. § 7. N. 1. Forfeiture CXXXVII Lamb. 365. 366. The Statutes do now and then correct the dulness of these Justices with some strokes of the Rod or Spur and therefore generally if a Justice of Peace will not give remedy to a Party grieved in any thing that he may hear determine or execute then upon complaint to the Justices of Assize or to the Lord Chancellor he shall not only be put out of the Commission by the Lord Chancellor but shall also be punished according to his demerits 4 H. 7. 12. § 1. N. 5. Crumpt 144. Lamb. 94. 95. Sheriff CXXXVIII Lamb. 293. The Custos Rotulorum or the Eldest of the Quorum in his absence ought at the general Sessions after St. Michael to appoint two Justices of the Peace the one being of the Quorum to have the Oversight and Controlment of the Sheriffs entring of Plaints and Amerciaments and one of those Justices may Examine and without further enquiry convict the Gatherers of the same Amerciaments if they gather any more Mony then is contained in their lawful Estreats 11 H. 7 15. § 1. N. 20. Dalt 136. 137. cap. 51. Crumpt 195. § 10. Sessions CXXXIX Lamb. 4. cap. 1. pag. 373. A Sessions of the Peace is an Assembly of any two or more Justices of the Peace one of them 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 knowledg and thereupon to proceed to hear and determine according to their power for Causes within their Commission and the Statutes referred to their Charge CXL Lamb. 375. Indictments The Justices of Peace do at their Sessions take Knowledg of Causes within their Jurisdiction either by the Oath of the Inquirers or by the presentment or declaration of other Men and this Inquiry is first prepared by the appearance of the Officers and Country and by the Articles given in Charge and then performed by the Presentment or Indictment of them that had the Charge to make it CXLI Lamb. 375. 376. Now albeit that these Sessions be commonly and most orderly summoned by a Precept in writing Process yet is it not altogether of necessity for the making of a lawful Sessions to have it so for if competent Justices of the Peace do get men to serve and thereupon do hold a Sessions without any Precept before directed all presentments made before them by twelve lawful men shall be of force in Law but no man shall lose any thing for his default of appearance there because no man had notice of their sitting by Marrow CXLII Lamb. 376. Sessions A Precept to Summon the General Sessions of the Peace c. Kanc. ss E. H. Miles R. H. armig ' Duo Justiciar ' Domini Regis ad pacem in Com' K. conservand ' nec non ad diversas felonias transgressiones alia malefacta in dicto Comitatu perpetratu Audiend ' terminand ' assignat ' vicecom ejusdem comitat ' Salutem Ex parte dicti Domini Regis tibi precipimus quod non omittas propter aliquem libertatem in Balliva tua quin eam ingrediaris venire facias coram nobis vel sociis nostris Justiciariis pacis c. tali die c. proximè futuro apud Maidstone in Com' predicto tam 24 probos legales homines de Quolibet hundredo in Balliva tua quum 24 milites alios probos legales homines de corpore Comitatus tui tam infrà libertates quum extrà quorum Quilibet habeat xl s. redditus terrarum tenement liberum per Annum ad minus ad Inquirendum ibidem super hiis quae ex parte dicti Domini Regis iis injungentur scire facias etiam omnibus coronatoribus comitatus tui seneschallis constabulariis subconstabulariis Ballivis libertatum Infrà hundreda libertates predicta quod sint tunc ibi ad faciend ' perimplend ' ea quae ratione officiorum suorum sunt facienda proclamari preterea facias per totam Ballivam tuam in locis Idoneis predictam Sessionem pacis ad diem locum predict ' fore tenendum tu ipse tunc sis ibidem ad faciendum exercendum ea quae ad officium tuum pertinent ' habeas ibi tunc tam nomina Juratorum Coronatorum senechallorum Constabulorum subconstabulariorum Ballivorum predict ' quum hoc preceptum Datum sub sigillis nostris apud Shoreland in Com. predict ' 16 Maii An. Regni c. Lamb. 614. of special Sessions Dalt 532. 533. cap. 185. the new Edition CXLIII Lamb. 377. 378. Joyndre This Preceipt may be made as here it is by any two Justices of the Peace so that the one of them be of the Quorum for two such may hold a Session of the Peace as it doth plainly appear by the Commission and therefore as Mr. Marrow saith it sufficeth not to have it run under the name of the Custos Rotulorum alone seeing that he hath no more Authority in this behalf then any one of his fellows hath for the words of the said Mandamus in the Commission § 17. to the Sheriff be coram nobis venire facias tot tales c. yea if two such Justices make a Precept for a Session of the Peace all their fellow Justices cannot discharge it by their Supersedeas but a Supersedeas out of the Chancery will discharge it saith Fitz. Crumpt 122. b. § 1. CXLIV Lamb. 378. If one Justice of the Peace alone Estoppel will take upon him to hold a Session of the Peace that was lawfully summoned by him and another such Justice and will make the stile of the Session in the names of himself and the other all presentments so taken before him may be avoyded 11 H. 7. 5. Records Br. 81. But if the Sessions be in truth holden by two sufficient Justices only and the stile or title thereof be made in the names of three then all the presentments before them shall stand good for it will not help the Party to say that one of the three was not there when it shall appear that two of them the one being of the Quorum were present which will suffice by Marrow Lieu. CXLV Lamb. 378. 379. The Place of holding them is Arbitrable and at the pleasure of the Justices themselves so that it be meet for Access and although the Precept do appoint the Sessions to be holden in some one Town by name yet may the Justices keep it in any other Town and all the presentments shall be good that shall be taken where they held it but then again no Amerciament can be set upon any man for his default of appearance there because he had no warning of it by Marrrw Process CXLVI Lamb. 376. So if two such
Justices make a Precept for a Session to be holden in one Town and two other Justices make another Precept for another Session to be holden at another Town or in another part of the same Town the same day then the presentments taken before either of them shall be good by Marrow and then also it seemeth that he that serveth at the one Session as a Juror or Officer shall be excused for his default at the other c. Crumpt 123. b. § 20. Dalt 532. cap. 185. § 4. Amerciament CXLVII Lamb. 380. The Justices of the Peace be so necessary as without them tho all others should appear no Session can be kept and yet if any of them be absent their fellow Justices cannot Amerce them as the Justices of Assize may do Inter pares non de potestas and the Authority of all the Justices of the Peace at the Sessions is equal so that like power hath he which is not of the Quorum with him that is except it be in special Cases set forth in the Commission and Statutes and therefore it was holden 3 H. 7. Justice of Peace Fitzh 3. that if one which is not of the Quorum will be so bold as to rebuke one that is of the Quorum he and his Companions may not Commit him to Prison for it Ryot CXLVIII 381. And albeit the power of the Justices be joynt at the Sessions yet to some purpose each one hath a distinct power by himself also for if one of them sitting in his Judicial place shall see a Riot he may cause the Parties to be Arrested and may also Record the Riot whereby they shall be so concluded as they shall have no answer to it Justice of P. Fitzh 9. Appearance CXLIX Lamb. 381. The Recognitors that stand bound to the keeping of the Peace and to appear at the Sessions and such like be commonly tyed unto the Quarter Sessions c. and those Prisoners that are sent by Justices of the Peace for Felony or Manslaughter or Suspition thereof or be let to Bail or Mainprise upon any such Offence be for the most part reserved till the Goal-delivery c. the rest of that Kind may be brought forth at every Sessions of the Peace Peace CL. Lamb. 382. Amongst the Offices that owe ordinary attendance at the Sessions the Custos Rotulorum hath worthily the first place both for that he is always a Justice of the Quorum in the Commission and amongst them of the Quorum a man for the most part especially pickt out either for Wisdom Countenance or Credit and yet in this behalf he beareth the Person if an Officer and ought to attend by himself or his Deputy for the words of the Comission § 18. be to him now by his proper name quod ad dies loca predicta Brevia processus indictamenta predict ' coram te dictis sociis tuis venire facias whereas until 14 Rich. 2. that charge was general to all the Justices and not laid specially upon any one Person in the Commission as it doth appear in the Tower by the Records Commission CLI Lamb. 382. 383. Marrow saith that seeing the other Justices may hold a Session wlthout him it is meet then they should have the Commission with them but Coke in 9 Ed. 4. 2. holdeth that a Justice of the Peace in making any justification by vertue of his Office needeth not to shew the Commission of the Peace because the keeping thereof belongeth to the Custos Rotulorum and for the same cause also the Bayliff of a Justice of Peace shall not be driven to shew the Commission as it seemeth 14 H. 7. 7. monstr Br. 63. CLII. Lamb. 383. Record But under the name of the Records of the Sessions of the Peace I do not comprehend all manner of Records concerning the Peace but those only which ought to be at the Sessions of the Peace as Bills Plaints Informations Indictments Presentments the Rolls of Processes Tryals Judgments Executions and all other the Acts of the Sessions of the Peace themselves and furthermore the Ingrossement of the rates of Servants wages all Recognizances of the Peace and Good abearing Recognizances concerning Felonies and Alehouse-keepers and such like as ought to be certifyed or brought to the Sessions of the Peace must be numbred amongst the Records of the Sessions of the Peace for of all these there may be use at the Sessions and therefore the Custos Rotulorum or some for him ought to be ready there to shew them Lamb. 388. CLIII Lamb. 384. Recognizance Now altho it were before-time at the liberty of a Justice of the Peace to certify a Recognizance of the Peace to the Custos Rotulorum as 2 H. 7. 1. yet now by 3 H. 7. 1. § 1. N. 26. he ought to certify send or bring the same to the next Sessions of the Peace that the Party may be called and to the end also that his default if he make any may be Recorded and by such record of his default he is concluded to say that he appeared there 13 Ed. 4. CLIV. Lamb. 384. 385. As for Precepts for surety of the Peace Records the special Records for conviction of forcible Entries Riots and such like as be made out of the Sessions of the Peace by particular Justices and be to remain with themselves and not appointed to be certified thither I cannot reckon them in the number of the Records of the Sessions Kell 41. pl. 6. no more then I may well do the Inrolements of Bargains and Sales and such other Records lying in the Charge of the Custos Rotulorum or Clerk of the Peace CLV Lamb. 390. Appearance Furthermore the Coroner as the common form of the Precept sheweth and the Stat. 27 H. 8. 5. § N. presumeth ought to be present at the Sessions but yet that is not for to certify their Inquisitions which ought by 1 2 Ph. Mar. 13. § N. to be done at the General Goal-delivery nor yet to receive any approver for neither that belongeth to the Justices of Peace 9 H. 4. 1. but it is only saith Mr. Marrow because the Coroners be Parties to the Exigents and be Judges of the outlary howbeit they are besides that Conservators of the Peace also and may in Cases commit men to Prison and therefore ought to be at the Sessions to object against them Ibid. Sheriffs The Sheriff in like manner ought to attend at those Sessions for the double duty that he beareth the one as Sheriff to return the Precept to take the charge of Prisoners and to serve the Court otherwise as he hath in charge by the Mandamus in the Commission § 17. the other because he also hath care and charge of the Peace see suprà 142. CLVI Lamb. 391. Ordinary But the Ordinary oweth not his attendance at any Sessions of the Peace as he doth at every Goal-delivery in the
Opinion of Mr. Marrow indeed he is not warned by the common form of Precept and therefore cannot so conveniently take knowledge of the Sessions of the Peace howbeit I think that he ought to serve when he shall be called for matter of Clergy Poult de pace 215. pl. 38. Lamb. 543. 544. CLVII Lamb. 395. 396. Inquest The Justices ought not to commit these Jurors of Enquiry to any Keeper nor to keep them without Meat or Drink nor to carry them out of the Town and yet they may adjorn them to another place to give their Verdict CLVIII Lamb. 397. 398. All others also may freely attend there Priviledg if not for any thing that especially concerneth themselves yet for the advancement of publick Justice and for the service of the King and to this end they are invited thither as I may say by a certain freedom of Access and by protection from common Arrest a thing that is incident to each Court of Record and without the which Justice should be greatly hindred so that if a man come voluntarily to these Sessions with the mind either to prefer any Bill of Indictment or to give Information against another or to tender a Fine upon an Endictment touching himself or do come compelled to make appearance for the saving of his Bond and be arrested by the Sheriff upon common and original process in his coming thither or during his tarrying there it seemeth that uopn Examination of the matter under his Oath he shall be dismissed thereof by the Priviledg of this Court even as it is used in the higher Courts at Westm 1 H. 7. 12 c. 2 H. 7. 4. priviledge Br. 35. Boult 2. cap. 3. pag. 8. § 36. Crumpt 141. b. Inquest CLIX. Lamb. 399. The Justices of Peace saith Mr. Fitzherbert for their parts be bound to inform the People and no doubt the Charge is given as well to instruct those that be ignorant lest they offend unawares as to inquire of those that have already fallen into danger by Offence and thereof it is that many Statutes do expresly command that they shall be openly read or declared at the Sessions Charge CLX Lamb. 400. The manner of giving the Charge and receiving the Verdict at this day differeth from that which the Justices in Eyre were wont to use for you may see in Bract. 116. a. that first one of the Justices did open before the whole Assembly the benefits of the service in hand the commodities of keeping the Peace and the Evils of the contrary and that then the Articles of the Charge were read by one and one to the Jurors who receiving the same at the hands of the Justices did also make answer in the yeilding up of their verdict to each Article severally and by it self which Custom as it had many profits so is it worthy in mine Opinion to be recontinued and brought in ure again Crumpt 11. a. b. Boult 2. cap. 4. pag. 9. Jurisdiction CLXI Lamb. 403. I know that Mr. Fitzh was of opinion that the Justices of the Peace ought at their Quarter Sessions and might at their private Sessions give in charge to the Enquest all such matters as they have power to determine and this he urgeth as well by the Oaths of the Justices who are sworn to do right in all Causes within their Commission or Statutes as also by the ignorance of the Jurors who be instructed only by the Charge which if it be so I see not for my part how either these Justices that are bound to utter all can be discharged or the Jurors that ought to hear all can be informed without this or some such compendious and plain way that may both shortly for the time and lightsomely for the order comprehend the chief substance of all that which belongeth to their Inquiry howbeit as I think it the best for the Justices to rehearse all such points whereof the Jury may make presentment before them so yet I hold them discharged in my slender opinion if they unfold only the Articles of their Commission and of such other Statutes as do expresly Authorize them to make enquiry Indictment CLXII Lamb. 498. I will advise that the Justices shall rather peruse the Bills after that the Evidence shall be thereupon given to the Jury then to put their pens into them before that the Enquest shall be enformed taking it to be not only no hinderance at all to the service but also the most wary and secure way for the Justices themselves to walk Sugestion CLXIII Lamb. 500. In some Cases therefore these Justices may hear one another for every Justice of Peace may upon his proper knowledge make presentments at the Sessions of any Offences done against 2 3 Ph. Mar. 8. 5 Eliz. 13. Concerning the amendments of the High-ways and in this and such like cases his report hath the force of a Presentment of twelve Men so that he and his Fellows may proceed upon it 21 H. 6. 5. CLXIV Lamb. 501. I think that before Justices of Peace Information these Suggestions and Informations both of private Persons be they by word or writing are but of the force to stir up the Justices to recommend the Cause to the Inquest and not to Award any Process upon them unless it be in certain Cases where that validity is especially given by the Statutes CLXV Lamb. 506. Process In the rest of the Statutes viz. except 1 Eliz. 2. 3. 5 Eliz. 1. 23 Eliz. 1. so far as I have found their power of Enquiry is accompanied with the Authority to hear and determine also for this want of Jurisdiction is not found in the Commission of the Peace it self but only in certain Statutes that for weighty Causes do restrain this further proceeding CLXVI Lamb. 507. This Writ of Certiorari is ever directed to the Justices of Peace Certiorari and yet the Custos Rotulorum only hath the keeping of these Records but the ancient Commissioners of the Peace had no Custos Rotulorum especially named in them and then this certifying belonged to them all which form the Writ retaineth to this day and if it fall in Question whether such a Certiorari were delivered to the Justices of Peace or no that must be tryed saith 10 H. 7. 24. by the Verdict of Twelve men CLXVII Lamb. 508 509. Certificate In the making of a Certificate upon this Certiorari the Justices of Peace ought neither to omit that which doth Authorize them nor to exceed that Authority which belongeth unto them For on the one side if they Certifie an Indictment of Felony or of a Riot as taken Coram Justiciariis ad pacem it was not thought enough without saying further necnon ad diversas Felonias c. and otherwise it was doubted whether the Indicted should be quite dismissed or no because the Justices of Peace had then no Record at all remaining with them for
the Clerk of the Peace maketh his Entry accordingly and that Record which they sent up is Insufficient and therefore the Clerk of the Crown was forbidden to receive any such Certificate 12 H. 7. 25. But happily the new words in the reformed Commission of the Peace will now dissolve that Prohibition On the other side If they Certifie an Indictment of Felony not determined in B. R. they ought not without Warrant to Certifie another Record of the Acquittal of that Indictee for the same matter for nothing ought by them to be sent thither without Warrant but that which is Executory and needeth the help of that higher Court 8 Ed. 4. 18. CLXVIII Lamb. 512. Process The Authority of making Process upon Indictments is given by express words in the Commission § And in other Cases where it is not namely given it is implied of Congruous or rather of necessity in the words hear and determine which cannot be performed unless the party either do come in Gratis or be brought in by the power of Process CLXIX Lamb. 513. In as much as the words of the Commission § Utlary Be quousque Capiantur reddant se aut utlagentur it followeth that in all Cases of Indictments if the Party be returned insufficient the Process of utlary lyeth against the Offendor if he be not taken before or do not otherwise offer and yeild himself and then the power of these Justices endeth with the utlary for they can make no Capias Vtlagatum but must certify the utlary in B. R. CLXX Lamb. 520. Process The Power of making Process upon Informations proceedeth from special Statutes and may not therefore vary from their direction although they themselves do vary very greatly one from anoher CLXXI. Lamb. 525. Judgment How far this Discretion of Justices in 17 Ed. 4. 4. § 1. N. 13. of Tile-makers and the word otherwise may be extended in this and such like Cases it cannot well be foretold for it is referred unto them and they must take Counsel ex re and ex tempore for it Proof CLXXII Lamb. 526. This manner of Tryal by Examination is not loosely permitted to the Justices of the Peace but in Cases only where either the Statutes do generally refer the Tryal to their Discretions or else do specially Authorize them to take the Examinations Traverse CLXXIII Lamb. 533. Mr. Brooke noteth 5 H. 7. 3. Traverse per Br. 182. That it is not much used to Traverse Indictments before Justices of Peace but rather to remove them in B. R. and to Traverse them there howbeit common Experience at this day can shew many Traverses before Justices of the Peace also Dalt 407. Cap. 133. And there is no doubt but that as Justices of Peace have power to Award Process and the Parties also have Liberty to speak for themselves so having spoken the Justices may hear and determine of their Speech whether it touch them in Freehold or otherwise Sessions CLXXIV Lamb. 532. The Stile of the Sessions Kanc. ss Alias scilicet ad Generalem Sessionem pacis Comitatus predict ' or tent ' pro Comitat ' predict ' tent ' apud B. in Com' predict ' die Martis proximè ante festum Sancti Mathei Apostoli Anno Regni c. Coram J. S. Milite Vmfrido W. aliis sociis suis Justiciariis Dict' Domini Reg ' ad pacem in J. M. Comitatu predict ' Conservand ' necnon ad diversas Felonias transgressiones alia malefacta in eodem Comitatu perpetrat ' audiend ' terminand ' assignat ' per Sacram duod ' Juratorum presentatum existit c. Lamb. presidents 1. § 1. Coron CLXXV Lamb. 541 542. It seemeth by Marrow and Fitz-Herbert 16. That albeit two Justices of the Peace the one of them being of the Quorum may hear and try Felonies yet no Justices of the Peace have Authority to deliver Felons by Proclamation or without sufficient acquittal nor yet to deliver such as be in Prison for Suspition of Felony Crumpt 122 b. § 5. Process CLXXVI Lamb. 542. And such Persons if they cannot be Indicted must either remain the coming of the Justices of Goal Delivery as the common manner now is or else being removed in B. R. they are either to be delivered thence upon the Writ de Gestu fama as the old Order was or by such other means as they at this day do use therein Dayes CLXXVII Lamb. 543. It hath been thought unmeet that they should Try a Felon the same day in which they Awarded the venire facias against the Jury 22 E. 4. Coron 44. but that hath no necessity and the Law is now otherwise taken Pleadings CLXXVIII Lamb. 544 545. If a man Utlawed of Felony by Process before the Justices of Peace be brought before them and do alledge that he was at the time of the Utlawry pronounced out of the Realm in the Kings Service under such a Captain or that he was then Imprisoned in another County they can neither write to the Captain nor into the County by the opinion of Marrow But by 22 H. 8. 14. § N. 32 H. 8. 3. § N. all manner of Forreign Pleas triable by the Country hereafter to be pleaded by any Person Arraigned upon any Indictment for any Petty-Treason Murder or Felony shall forthwith be Tried before the same Justices before whom such Persons shall be Arraigned and by the same Jurors of the same County that shall Try the said Petty-Treason Murder or Felony without any further respite or delay in whatsoever place of the Realm the matter of the same Pleas be supposed or alledged Tryals CLXXIX Lamb. 545. Thus much only of things restraining the Justices of Peace in the Tryal of Felonies wherein also they are not now adayes much occupied the rather because they commonly defer it till the coming of the Justices of Assize by reason that 1 2 Ph. Mar. 13. § N. 2 3 Ph. Mar. 10. § N. do enjoyn them to Certifie at the next General Goal Delivery both the Examination and Bonds that they shall take concerning Felons and Suspects that are brought before them nevertheless their power is no whit restrained to proceed before the coming of those Justices CLXXX Lamb. 545. This I may add not as a restraint Certificate but for the enlargement of the Authority of Justices of the Peace that if they see cause and do write to the Clerk of the Crown of B. R. for the names of any persons being otherwhere attainted of Felony by Utlary or being Clerks Convicted or Attainted he ought without delay and under the pain of 40 s. to certifie the same unto them together with the Causes of such Attainder or Conviction 34 35 H. 8. 14. § N. CLXXXI Lamb. 561. Judgment He that is orderly Convicted before them in their General Sessions of the deceitful getting of any Goods into his hands by
gathereth Attenders at four several Sessions which also falleth out accordingly in those Shires where they have twelve or sixteen Sessions For albeit that they do not at any one time Summon the Shires to any one place as the other do yet dividing their Shire into three or four parts and keeping four several Sessions in each of those parts they also as well as the other do serve their whole Country with four sundry sittings and therefore in mine opinion though none of these do follow the precise Letter of the Law which requireth but only four Quarter Sessions in every year yet every of them draweth near to the true meaning of the Law which looketh for nothing else but that the Court of these Sessions should yearly be four times opened for the whole County CXCII Lamb. 586 587. But if there be any that do for this purpose divide their Shires into halves and do hold only four Sessions in the year Execution that is to say two in one part and two in the other calling the one half of their Hundreds to those two Sessions at the one place and the other half to the other two Sessions holden at the other place These men as some have thought do neither retain the Letter nor attain the meaning of the Law in this doing for upon the matter no part of their shire hath any more then two Sessions which manner who seeth not how much it may hinder Justice CXCIII Lamb. 588. Neither may I well omit Lieu. that this doing may breed Danger to the Justices themselves while any of them having taken a Recognizance of a Tipler doth not certifie it until the Sessions happen to be in his own part and in the mean season the next Sessions of the Peace within the Shire chanceth to be holden in the other part whereof what may follow 5 6 Ed. 6.25 § 2. N. 3. will tell you and teach them the like Fault is it not the like Forfeit so to retain a Recognizance taken for the Peace as you may see 3 H. 7.1 § 1. N. 26. CXCIV 25 Ed. 3.8 § 1. N. 1. Item That the said Justices make their Sessions in all the Counties of England at the least four times a year Days that is to say at the Feast of the Annuntiation of our Lady St. Margaret St. Michael and St. Nicholas and also at all times that shall need according to the discretion of the said Justices Lamb. 588.590 Crumpt 123. § 10.12 CXCV. 36 Ed. 3.12 § 1. N. 1. Item Sessions In the Commission of the Justices of the Peace and of Labourers express mention be made that the same Justices make their Sessions four times by the year that is to say one Sessions within the Vlas of the Epiphany the second within the second Week of Lent the third betwixt the Feast of Pentecost and of St. John Baptist the fourth within the eight Days of S. Michael Lamb. 589.590 CXCVI. Lamb. 589. The Statute 12 R. 2.10 § 1. N. 2. doth afterward set the matter at liberty saying That the said six Justices Days shall keep their Sessions in every Quarter of the year at the least and by three days if need be upon pain to be punished according to the discretion of the King's Council at the suit of every man that will complain But they of Middlesex be excepted by 14 H. 6.4 § 1. N. 3. Crumpt 124. § 21. CXCVII Lamb. 589. Lastly Sessions The Statute 2 H. 5.4 § 2. N. 2. and that the Justices of the Peace make their Sessions four times by the Year that is to say in the first week after the Feast of St. Michael and in the first week after the Epiphany and in the first week after the Clause of Easter and in the first week after the Translation of St. Thomas the Martyr and more often if need be And that the same Justices hold their Sessions throughout the Realm of England in the same weeks every year from henceforth CXCVIII. Lamb. 589 590. That 25 Ed. 3.8 § 1. N. 1. doth in shew and in common opinion concern the Sessions of the Justices of the Peace Day◠but in truth it belongeth not at all to them for it was made to direct the Justices of Labourers in the time of holding their Sessions and they were not Commissioners of the Peace but especial Justices for the Causes of Labourers alone not resident in the Country but sent down for the time of that Service as it may expresly appear not only by the Preamble and all the parts of the said Statute it self but also by 28 Ed. 3. 5. § N. 31 Ed. 3. 6. § N. 34 Ed. 3. 11. During all which time the Wardens of the Peace were neither called Justices by any Statute nor Authorized to deal with Labourers until 42 Ed. 3. 6. Crumpt 123. § 12. Sessions CXCIX Lamb. 599. But neither that 36 Ed. 3. 12. maketh any Law for holding the Sessions of the Peace at this day as well because it was set at large by 12 R. 2. 10. as also if it were not because the Commissions of our time use no such mention as it Commands Days CC. Lamb. 591. That 2 H. 5. 4. restrained 12 R. 2. 10. yet so as one of these Statutes doth not fret the other but the latter is an Exposition of the former so that it is all one as if they both had been but one Law and should have said that the Justices of Peace shall hold their Sessions in every quarter of the year at the least namely in the first week after St. Michael in the first week after the Epiphany c. Crumpt 123. b. § 17 18. Sessions CCI. Lamb. 591 592. Now to prove that the Quarter Sessions of the Peace were or ought to be holden after the Prescript of 2 H. 5. 4. until 5 Eliz. 4. § 2. N. 1. First Mr. Marrow saith plainly that in his days the Quarter Sessions were so holden Secondly 11 H. 7. 15. § 1. N. 20. 19 H. 7. 6. § 1. N. 15. 4 H. 8. 7. § 6. N. 2. 27 H. 8. 5. § 1. N. 4. 32 H. 8. 43. § 1. N. 8. do account of these Sessions to be holden accordingly Crumpt 123. § 18. Days CCII. Lamb. 594 595. upon 5 Eliz. 4. § 2. N. 1. some have thought that 2 H. 5. 4. is Repealed because this Statute was made for Labourers and it falls out unseasonable to hold the Michaelmas Sessions so near the Term And others do think the contrary that some part of the Statutes of Labourers must needs remain in force because all are not Repealed and therefore 12 R. 2. 3. 23 H. 6. 13. be yet in force for so much of them as doth concern Victuallers c. for that they concern not the Hiring Keeping c. or order of Servants c. which might be done without the Sessions of the Peace but the General Service of
the Commission and Statutes that Authorize the Justices of Peace c. Apprentice CCIII Lamb. 595. Neither was there ever say they any Quarter Sessions holden only for the Causes of Labourers by the Justices of the Peace although the petty Sessions of Constables were chiefly holden to that Service Sessions CCIV. Lamb. 596. But to make the proof full they add that 5 Eliz. 4. § 15. N. 1. speaketh of the Quarter Session to be holden after Easter which cannot be understood of any other of these Statutes but only of 2 H. 5. 4. because the rest that have certainty do appoint that Session either at the Annunciation of the blessed Virgin or in the second week of Lent and likewise 8 Eliz. 9. § N. of Prizes of Vessels 14 Eliz. 5. § N. 18 Eliz. 3. § N. of poor have mention of the Quarter Sessions to be holden next after Easter which Statutes as they make not in this point a new Law but be grounded upon former Law supposed to be in force So allowing of any one of these four Sessions they do therein give allowance of all the other three also Days CCV Lamb. 597. Now if it shall seem to any Man strange that I move Questions of the time of holding these Sessions 1. It is one Article of their Oath that they shall hold their Sessions after the form of Statutes thereof made 2. The Articles of many Statutes are enquirable as it may seem only at the Quarter Sessions because they are not in the Commission at all and the Statutes themselves do appoint of no other Inquiry touching them but at the Quarter Sessions only And then if the Justices of Peace do not hold their Quarter Sessions according to the times appointed by the Law they be no Quarter but Special Sessions and consequently such Statutes shall either not be enquired of at all or else enquired of without Warrant both which be very great inconveniencies CCVI. Lamb. 598. Touching the continuance of these Quarter Sessions Sessions Almost two hundred years ago it was ordained 12 R. 2. 10. That they should be continued three days together if need were upon pain of punishment and yet in these days of ours wherein the Affairs of the Sessions be exceedingly increased and consequently more need to prolong them now then before many do scantly afford them three whole hours besides that time which is spent in calling of the Country and giving of the Charge CCVII. Lamb. 598. Pope The Justices of Peace may in their open Quarter Sessions enquire of hear and determine all Offences except Treason and Misprision of Treason committed against 23 Eliz. â—1 § 9. N. 2. Crumpt 124. b. CCVIII Lamb. 299. They may also in their open Quarter Sessions Pope enquire of such as do extoll the Usurped Authority of the See of Rome against 5 Eliz. 1. § 3. N. 1. And the Clerk of the Peace must read that Act at every of the Quarter Sessions Crumpt 122. b. § 6. CCIX. Lamb. 599. Maintenance All the Articles mentioned in the Statute 33 H. 8. 10. of Vagabonds Retainers and Liveries Imbraceors Maintainers c. shall be enquired of and reformed by the Justices of the Peace in their Ancient Quarter Sessions 37 H. 8. 7. § 2. N. 3. Crumpt 124. CCX Lamb. 599. They may in their General Sessions Cattle determine of the Offences of Killing and Selling Wainlings under two years of age 24 H. 8. 9. § 3. N. 1. and of the Offences of not keeping Milch Kine and Calves 2 3 Phil. Mar. 3. § 3. N. 2. Crumpt 124. b. CCXI. Lamb. 599. The Enquiry Hearing Marker and Determinations of Forestallings Ingrossings and Regratings may be at the Quarter Sessions 5 6 Ed. 6. 14. § 10. N. 1. Crumpt 124. b. CCXII. Lamb. 599. Ale The Inquiry whether Ale-house-keepers have forfeited their Recognizances ought to be at the Quarter Sessions 5 6 Ed. 6. 25. § 3. N. 1. Crumpt 125. CCXIII. Lamb. 599. The Fine for Unlawful Hunting by Night Forrest or with painted Faces shall be set at the next General Sessions 1 H. 7. 7. § 1. N. 6. Crumpt 124. b. CCXIV. Lamb. 599 600. Forrest If the party bound to his Good abearing seven years according to 3 Jac. 13. § 6. N. 1. against Unlawful Hunting and stealing of Deer and Conies do within the same time before the Justices of the Peace of the County where the offence was committed or some of them in the open Quarter Sessions acknowledge his offence and that he is sorry therefore and satisfie the party grieved the same Justices in the same open Sessions or in any other may discharge the Recognizance and Bond so taken and the party bound CCXV Lamb. 600. Fowl Justices of Peace in their General Quatter Sessions have Authority to examine hear and determine the offences committed against 1 Jac. 27. § 5. N. 2. of Fesants CCXVI Lamb. 600. Justices of Peace may in their Quarter Sessions enquire of hear and determine the Offences of putting to pasture Cattle any stoned Horses c. under the Hight appointed by the Statute 32 H. 8. 13. § 8. N. 1. Crumpt 124. b. CCXVII Lamb. 600. They may at their like Sessions enquire of Ways and determine the Offences of not amending High-ways 2 3 Ph. Mar. 8. § 2. N. 10. 5 Eliz. 13. § 9. N. 1. 18 Eliz. 19. § 9. N. 1. Crumpt 125. CCXVIII Lamb. 600. In their Quarter and General Sessions Husbandry they ought to inquire of hear and determine the Offences of not keeping continual Housholds upon the Precincts of the late Monasteries 27 H. 28. § 9. N. 1. 5 Eliz. 2. § N. Crumpt 124. b. Information CCXIX. Lamb. 600. In their Quarter Sessions they may hear and determine the Offences of Informers 18 Eliz. 5. § 4. N. 4. Crumpt 125. Oath CCXX Lamb. 600. And at the like Sessions they may do the like for Offences in Perjury 5 Eliz. 9. § 9. N. 1. Crumpt 124. a. Collusion CCXXI Lamb. 600. 601. Such as be suspected of using counterfeit Tokens or Letters may be called by Process to the next General Sessions and must be convicted there 33 H. 8. 1. § 2. N. 1. Crumpt 125. Woods CCXXII Lamb. 601. Justices of the Peace may in their open Quarter Sessions call before them the owner of a wood and 12 of the Commoners there for setting out the fourth Part thereof 35 H. 8. 17. § 7 N. 2. Poor CCXXIII. Lamb. 601. The Taxes for relief of the Infected with the Plague must be certified at the next Quarter Sessions and the same is to be enlarged extended or determined as to the Justices of Peace there or the more Part of them shall be thought fit 1 Jac. 31. § 6. N. 1. Apprentice CCXXIV. Lamb. 601. The proof of the Sufficiency or Insufficiency of the Cause for which the Master may put away his
that the Quarter Sessions in the County of Anglesey in Wales shall be alwayes forever holden at Blau-morris only and not elsewhere within the County of Anglesey except by reason of the Plague or such Contagious Sickness and notwithstanding this Statute a Sessions of the Peace was held at Newburgh in the same County without any special occasion and by all the Justices c. held void coram non judice by reason of the negative prohib Dyer 135. pl. CCLXXIII Crumpt 123. § 8. If a man be bound to appear before the Justices of Peace within xl dayes next after the Bond Recognizance and before the end of xl dayes a General Sessions is held he must appear before them at the same Sessions though it be not so exprest c. Condition Br. 208. Dalt 172. Cap. 70. CCLXXIV Crumpt 123. § 9. If a Justice of Peace upon a pain of x l. Commands one by precept to be at the next Sessions Process and he doth not appear no scire facias shall Issue no more then on a Subpenae but it seemeth he shall be Attacht at the next Sessions for a Contempt Dalt 33. 17. Cap. 117. CCLXXV Crumpt 123. § 11. The Statutes of Purveyors made Purveyors 36 Ed. 3. 2 3 4. shall be proclaimed by the Justices of Peace Annually CCLXXVI Crumpt 113. b. § 13. Victualers The Statutes of Victualers shall be Proclaimed twice Annually in the Sessions of the Justices 22 H. 6. 13. § N. CCLXXVII Crumpt 223. b. § 14. The Statute 33 H. 8. 9. § N. of Archery shall be proclaimed at several Sessions of the Peace Games Forces CCLXXVIII Crumpt 123. b. § 19. It seemeth that when the Justices shall enquire upon 8 H. 6. 9. § N. that they may make a Warrant to the Sheriff to return Pannels to enquire for the King of such things that shall be enjoyned them of the Kings part without saying to enquire of forcible Entries or of any Riot because 2 H. 5. 4. § N. is that they may hold their Sessions four times by the Year and more often if need be Sessions CCLXXIX Crumpt 124 § 21. The Justices of the Peace of the County of Middlesex are not bound to keep their Sessions Four times a year the Court of B. R. sitting in that County but they must keep their Sessions twice ayear at least and oftner if need be to enquire of Riots or forcible Entry made in the same County on pain and forfeiture c. 14 H. 6. 4. § N. Ryot CCLXXX Crumpt 124. § 22. The Justices for enquiry of Riot c. must hold Sessions within a month after the Riot c. Commit by 13 H. 4. 7. § N. on pain of C l. to every of the Justices of the Peace that are next abiding in the County to the place where the Riot is Committed Force CCLXXXI Crumpt 124. § 23. on 8 H. 6. 9. § N. of forcible Entries the Sessions must be held upon Complaint of the Party grieved within convenient time Apprentice CCLXXXII Crumpt 124. § 24. They may hold Sessions Annually between Michaelmas and Christmas and between the Annunciation and St. John Baptist to enquire of the Branches of the Statute of Laborers and of the good Execution thereof and punish the Offendors 5 Eliz. 4. § N. Measures CCLXXXIII Crumpt 124. § 25. The Justices of Peace may enquire hear and determine of falsifiers and Counterfeiters of false Weights as often as they shall think fit 9 H. 5. 8. Fowl CCLXXXIV Crumpt 124. b. Item At the General Sessions they may enquire of those that take Pheasants or Partridges or hunt in others Corn 23 Eliz. 10. § N. 11 H. 7. 17. § N. Leather CCLXXXV Crumpt 124. b. Item They may enquire of those that offend against the Statute of Tanners 5 Eliz. 8. § N. CCLXXXVI Crumpt 125. The Justices at their Sessions or within the limits of their Commission not said General or Special may enquire on 5 Eliz. 5. § N. of Fish on 25 H. 8. 11. § N. of destroying Wild Fowls Eggs in the Nest and on 37 H. 8. 9. § N. 13 Eliz. 8. of Usury of Eschetors that form their Offices or make a Deputy 12 Ed. 4. 9. § N. 3 H. 8. 8. § N. Coron CCLXXXVII Crumpt 125. b. Item Sessions shall enquire of defaults of Coroners 1 H. 8. 7. § N. of keeping above number of Sheep 25 H. 8. 13. § N. of Souldiers imbezelling Arms 2 3 Ed. 6. 2. § N. Rejoynder CCLXXXVIII Dalt 24. Cap. 6. Where a Statute appointeth a thing to be done by two Justices of the Peace or more if the Offence be any misdemeanor or matter against the Peace thereupon complaint made of the Offence to any one Justice of the Peace it seemeth that one Justice may grant out his Warrant to attach the Offendor and to bring him before the same Justice or any other to find Sureties for his Appearance at the next General Sessions there to make answer to such his Offence or else he may bind the Offender to the good Behaviour and so to appear at the next Sessions if the said Justices shall see any just cause so to do but Justices of Peace alone may not in any wise meddle to hear and determine the same Tryals CCLXXXIX Two Justice 568. And likewise Justices of Goal Delivery or Justices of Peace may Try the Prisoner the same day or any day after but need not make any particular precept as Commissioners of Oyer and Terminer must for the Justices of Goal Delivery and Justices of the Peace make a General Precept in Parchment under their Seals for the Summons of their Sessions and for returns of Juries c. and thereâ—fre any particular Precept is not requisite 1 Cr. 315. Fens Ca. Lamb. 543. Process 25. N. 2. CCLXXXXI Dalt Edit 1666. Cap. 46. pag. 125. Justices The Justices opinion touching the Commission by which the Justices sit at Newgate The Justices at Newgate sit by vertue of Two Commissions viz. Goal Delivery and Oyer and Terminer 2. By the Commission of Goal Delivery they may Try all Prisoners in the Goal or by Bail or such as be Indicted and will render themselves generally for all Felonies and also for such other Offences as are particularly assigned to them by Statute 3. The Statute 4 Ed. 3. 2. § 1. N. 7. doth give them power to receive Indictments against Prisoners or such as are upon Bail and to proceed to Try the same viz. Indictments taken before the Justices of the Peace and by Equity thereof all Indictments before Coroners 3 Mar. 1. Commission c. Br. 24. saith the Commission is ad deliberand ' Goal de Prisonariis in eisdem existent ' but they cannot take Indictments as Justices of Goal Delivery but being Justices of Peace they may take Indictments against Prisoners but not against them that be at large for as much as no
Pluries and an Attachment against the Sheriff if he doth not do his Office Oath II. F. N. B. 79. H. But by the Ancient Course of Law he must swear upon a Book before he can have this Writ and this before any Master of the Chancery but now they use to prosecute such Writs by their Friends who will Sue for them without making any Oath and this is ill done because they are many times sued for vexation more then for any good Cause and the Justices of B. R. will not grant any Writ for Surety of the Peace without making an Oath that he is in fear of bodily harm Nor the Justices of the Peace ought not to Grant any Warrant to cause a man to find Surety of the Peace at the request of any Person unless the Party who requireth it will make an Oath that he requireth it for safety of his Body and not for malice c. Lamb. 83. 84. Infrà 21. III. F. N. B. 80. C. But it is a Common opinion that the Surety that the Sheriff shall take of the Party that shall find Surety for the Peace must be taken by obligation that is to say to oblige the Party and his Sureties by Obligation that he keep the Peace and that he shall not Burn the Houses c. Supplicavit IV. F. N. B. 80. C. But now since the Statute 1 Ed. 3. 16. § N. that wills that certain Persons shall be assigned in the Chancery as for keeping of the Peace there are other Forms of Writs made for the ease of the People who would have Surety of the Peace of any Persons which Writs Issue out of the Chancery and some are directed to the Justices of Peace and to the Sheriff and some are directed to the Sheriff only and these Writs are in such Forms as this Rex dilectis fidelibus suis J. c. sociis suis Justiciariis nostris ad pacem nostram in Com' S. Conservand ' Assignatis salutem Or thus Custodibus pacis nostroe in Comitat ' S. c. vicecom ' ejusdem Comitat ' eorum cuilibet salutem Or thus Vicecom ' S. salutem Supplicavit nobis A. quod cum ipse de vita mutilatione membrorum suorum nec non de Incendio Domorum suarum per E. graviter manifestè Comminatus existat velimus pro securitate ipsius A. in hac parte provideri nos supplication ' predict ' annuentes vobis vel tibi precipimus firmiter injungentes quod predict ' E. coram vobis vel te corporaliter venire faciatis ipsum ad sufficientes manucaptores inveniend ' qui eum manucapere voluerint sub certa Poena sibi per te vel vos rationabiliter imponend ' pro quo nobis respondere voluerint vel volueris Or thus Ipsium E. ad sufficient ' securitat ' inveniend ' sub poena centum librarum ad opus nostrum solvend ' vel quilibet eorum sub poena c. quod ipse Damnum vel malum aliquid eidem A. de Corpore suo vel de domibus suis per hujusmodi Incendium non faciat nec fieri procurabit quovismodo Compellatis vel Compellas si hoc coram vobis vel te facere recusaverit tunc ipsum E. proximo Goal ' nostroe Committatis vel Committas in eadem salvo custodiend ' quousque hoc gratis facere voluerit cum securitatem illam sic receperitis vel ceperis nos inde in Cancellaria nostra sub sigillis vestris vel alicujus vestrum vel sub sigillo suo distincte aperte sine dilatione reddas certiores certificetis vel certifices indilate hoc Breve nobis remittentes vel remittens Registr 89. Dalt 182. Cap. 73. V. Lamb. 2. cap. 11. pag. 75. The Justice of Peace takes security as a minister when the Writ of Supplicavit F.N.B. 80 suprà 4. which in old-time was called Breve de minis as Regist 89. directed out of the Chancery is delivered into his hands for then he is only to direct his Precept to compel the party upon that Writ to find surety for the Peace 21 H. 7. 20 per finence VI. Lamb. 75 76. The form of which Precept or Warrant upon a Supplicavit is thus G. M. One of the Justices of Peace of our Soveraign Lord the King's Majesty within the County of K. to the Sheriff of the said Shire the Constables of the Hundred of W. the Borsholder of the Town of I. and to all and singular the Kings Majesties Bayliffs 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 our said Sovereign Lord in these words c. reciting the Supplicavit or the effect of it c. thus Know ye that I have received the Commandment of our said Soveraign Lord to compel A. B. of J. in the said County Yeoman to find sufficient Surety for his Majesties Peace by him to be kept towards C. D. of the said Town of J. Taylor and therefore on the behalf of our said Soveraign Lord I Command and Charge you joyntly and severally that Immediately upon the receit hereof you cause the said A. B. to come before me at my House in I. aforesaid to find sufficient Surety and mainprise for the Peace to be kept towards our said Sovereign 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 Conveyed unto the next Goal 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 their next General Sessions of the Peace to be holden at M. there to answer to our said Sovereign 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 thither this Precept with you Given at I. aforesaid under my Seal the day of c. An. c. Dalt 350. cap. 121. VII F. N. B. 81. B. And sometimes the Writ of Supplicavit is made Returnable in Chancery at a certain day and if it be so done Certiorari then if the Justices do not certifie the Writ nor the Recognizance and the Surety that is taken the party who sueth the Writ of Supplicavit shall have a Writ of Certiorari directed to the Justices of Peace to certifie this Writ of Supplicavit and that which they have done thereon and the surety that is found c. and so the party shall have such a Certiorari to the Justices of Peace to certifie the surety taken on a Supplicavit though the writ of Supplicavit were not made Returnable in the Chancery VIII F. N. B. 81. C. And so if a Man
to be holden at M. in the said County as also for Our Peace to be kept towards Us and all Our Liege-people and chiefly towards the said A. B. that is to say That he the said C. D. shall not do nor by any means procure or cause to be done any of the said Evils to any of Our said People and especially to the said A. B. and if he the said C. D. shall refuse thus to do that then immediately without expecting any further Warrant you him safely convey or cause to be safely conveyed to Our next Prison in the said County there to remain until he shall willingly do the same so that he may be before Our said Justices at the said next General Sessions of the Peace to be holden at M. aforesaid then and there to answer unto Us for his Contempt in this behalf and see that you certifie your doing in the premisses to our said Justices at the said Sessions bringing then thither this Precept with you Witness the said G. R. at W. aforesaid the fourth day of August c. Or thus In the Name of the Justice himself Mutatis Mutandis E. W. Knight one of the Justices of the Peace of our Sovereign Lord the King within the said County to the Sheriff c. Greeting Forasmuch as A. B. c. hath personally come before me c. These be therefore on the behalf and in the Name of our said Soveraign Lord to Command you joyntly c. to come before me or one other of his Majesties said Justices of the Peace in the said County c. Given under my Seal at W. aforesaid XXV Lamb. 87. Process It is meet that the Precept for the Peace do expresly contain the Cause of the Peace within it for otherwise how can the Officer or Parties take knowledge that surety must be provided for it yea every Precept made by a Justice of Peace ought to comprehend the special matter upon which it proceedeth as the King's Writs and as for the form that is now commonly used to answer to such things as shall be objected and such like they were not fetched out of the old Learned Precedents but lately brought in by such as either knew not or cared not what they writ XXVI Lamb. 87 88. The Warrant of the Peace is the better also if it bear date of the Place where it was made for if a Man be to plead such a Precept for his excuse in an Action of false Imprisonment brought against him he ought in his Plea to shew the place where the Warrant was made 14 H. 8. 18. XXVII Lamb. 88. And this Precept may also be directed to any indifferent person by name though he be no Officer at all for so it seemeth to be permitted in the Oath of the Justice of the Peace and so is also 14 H. 8. 18. The which liberty the Justices in some Shires do use and take accustomably directing their Precepts to private Men of their own Election and Choice But yet I take our Kentish Course to be the safer way where we commonly write to the sworn Constables and Bursholders only XXVIII Lamb. 89. If such a Precept be made jointly to Twain yet the one alone may serve it If it be directed to the Sheriff then he may Command his Bayliff Under-Sheriff or other sworn and known Officer to serve it without writing any Precept But if he will Command another Man that is no Officer to serve it he must give him a written Precept for otherwise a Writ of false Imprisonment will lye for the Arrest And if it be directed to the Bayliff or to a Servant of a Justice of Peace or other Stranger they must serve it themselves for they can Command none other to do it neither by Word nor Precept by Marrow XXIX Lamb. 89. A sworn and known Officer needeth not to shew this Warrant when he doth serve it upon a Man 8 Ed. 4. 14. Officer False Imprisonment Br. 23. 20 H. 7. 13 c. For his Office doth after a sort Authorize him But if the Justice will set his Servant to serve it that Servant must shew the Warrant if the party demand it and otherwise the party may make resistance XXX Lamb. 89 90. A Justice of Peace saith Peace Return Br. 9. may make this Warrant returnable before himself and the Bayliff needs not to carry the party before any other Justice but Judge Fineux 21 H. 7. 20. saith That if a Justice of Peace do make a Warrant of the Peace Ex Officio that is without any Writ of Supplicavit Awarded then the party may chuse to appear before him or any other Justice in the Shire and that he shall punish the Bayliff in false Imprisonment if he do otherwise compel him 5 Co. 59. Infrà 37. otherwise it is in the Execution of a Writ of Supplicavit for he alone to whose hands it first cometh is Authorized to execute and return that Writ and thereupon Mr. F. N. B. 81. affirmeth That if such a Writ of Supplicavit be delivered to the Sheriff then he may both Execute it alone and also take Surety by Recognizance which otherwise being but a Conservator he could not do because the Writ doth so enable him yet 9 Ed. 4. 31. Littleton is to the contrary Dalt 166. cap. 69. XXXI Lamb. 90. The Officer ought also to require the party to come and find Surety of the Peace before that he do Arrest him by the opinion L. 5 Ed. 4. 13. 10. and in truth the Common Form of the Precept is And if he refuse c. then he shall convey him to the Goal and therefore if he yield to come and to find Surety the Officer may neither absolutely Arrest him nor take any Fee of him And this may be the cause that when one appeareth upon such a Warrant before the Justice of Peace the Justice needeth not demand Surety of him but may commit him if he do not offer Surety 4 H. 7. 9. Crumpt 142. Dalt 166. cap. 69. XXXII Lamb. 90 91. If a Bayliff do Arrest a Man for the Peace before that he have any Warrant and then afterwards do procure a Warrant for it this nevertheless is unlawfully done and will not excuse him in an Action of false Imprisonment But if the Bayliff do cause one by force of a Warrant to come and find Surety of the Peace and when the Party is brought the Justice will not bind him yet the Bayliff is excused 21 H. 7. 22. Crump 144. 14 H. 7. 9. XXXIII Lamb. 91. If Surety of the Peace be required at the hands of a Justice of Peace that dwelleth out of the County against a Man within the County the Justice may grant a Precept to be served in the County but when the party shall be thereupon warned and commanded to find Surety the Officer may not carry him out of the County to the Justice of Peace that made the Warrant by Marrow
allowed Account CCCXXXI 14 Eliz. 5. § 18. N. 1. And further be it Enacted that the said Collectors and every of them so to be chosen as is aforesaid shall make their just account half yearly of their said Collecting and gathering to two Justices of the Peace dwelling next to the said abiding place or places not being within any City Borough or Town-Corporate or to the Mayor Sheriffs or other Chief-Officers of the said Cities Boroughs or Towns-Corporate CCCXXXII 14 Eliz. 5. § 18. N. 3. And when they go out of their Offices Account they shall deliver or cause to be delivered forthwith upon their accounts all such surplusages of their Collection and gathering as shall then remain undistributed to be ordered by the said Justices Mayors Bailiffs or other Head-Officers upon the said pain of 10 l. CCCXXXIII 14 Eliz. 5. § 18. N. 4. If any such Collector shall refuse to make his said account Imprisonment or neglect the same by the space of fourteen days after request to him therefore made then the said two Justices or one of them to commit the said Collector to the next Goal for the said County there to remain without Bail or mainprise till he have made his said account and immediate payment and delivery of all such surplusages as he hath received CCCXXXIV 14 Eliz. 5. § 19. N. 1. And be it further Enacted Taxes that if any person or persons being able to further this Charitable work will obstinately refuse to give towards the help and relief of the said Poor people or do wilfully discourage others from so charitable a deed the said obstinate person or wilful discourager shall presently be brought before two Justices of the Peace whereof one to be of the Quorum of the same County to show the cause of his obstinate refusal or wilfull discouragment and to abide such order therein as the said Justices shall appoint if he refuse so to do then to be committed to the next Goal for the said Shire there to remain until he be contented with their said order and do perform the same CCCXXXV 14 Eliz. 5. § 20. N. 1. And it is also further Enacted that if any of the said aged and impotent persons not being so diseased Laborers lame or impotent but that they may work in some manner of work shall be by the Overseers of the said abiding place appointed to work if they refuse then in form aforesaid to be whipped and stocked for their first refusal and for their second refusal to be punished as in case of Vagaboncy in the first degree of punishment CCCXXXVI 14 Eliz. 5. § 21. N. 1. Provided always and be it further Enacted c. that three Justices of the Peace Justices whereof one to be of the Quorum of and with the surplusages of the said Collections and forfeitures the said Poor and Impotent people satisfied and provided for shall by their discretions in such convenient place and places within their said Shires as they shall think meet place and settle to work the Rogues and Vagabonds that shall be disposed to work born within their said Counties or there abiding for the most part within the said three years there to be holden to work by the oversight of the said Overseers to get their livings and to live and to be sustained only upon their labor and travail CCCXXXVII 14 Eliz. 5. § 22. N. 1. Be it also further Enacted Apprentice c. that if any Beggers Child being above the age of five years and under fourteen years being Male or Female shall be liked of by any Subject of this Realm of honest calling who shall be willing to take the said Child into service the said Subject shall at the next General Sessions to be holden for the said County by order of the Justices there or the most part of them have the said Child bound with him if it be a Man Child till the age of twenty four years if it be a Woman Child till the age of eighteen years CCCXXXVIII 14 Eliz. 5. § 22. N. 2. If the Child do after depart or be taken or be enticed from the said Master or Mistres Infant to have their remedy by order of laborers viz. 23 Ed. 3. 2. either by way of Action or otherwise as well against the Child as against the taker or inticer thereof Forfeiture CCCXXXIX 14 Eliz. 5. § 23. N 1. Be it also enacted c. that all the forfeitures appointed or to grow by this Statute except the forfeitures of Justices of Peace shall wholly go and be imployed to the use of the Poor aforesaid and shall be levyed by distress by the discretion of the Justices of the same County or two of them or other Head-Officers aforesaid Justices CCCXL 14 Eliz. 5. § 23. N. 3. And that the Justices of Peace in all Shires of England shall in their Quarter Sessions next after Easter yearly Examine the performance or not performance of this Statute according to the tenor thereof as they are bound to do the Statute of Laborers viz. 23 Ed. 3. c. And at their said Sessions shall yearly appoint new Collectors and new Overseers for the causes aforesaid and shall then also agree upon new views and searches of the said Impotent people within every their limits for the year following if need shall be and further at their said Sessions shall take order by their good discretions for all and every thing and things that may in any ways further the intent of this Act. Justices CCCXLI 14 Eliz. 5. § 24. N. 1. And be it further Enacted c. that three Justices of Peace within all the Shires of this Realm whereof one to be of the Quorum shall have full power by Authority of this present Parliament to hear and determine all causes except forfeitures of Justices of Peace that shall come in question by reason of this present Act. Alms. CCCXLII 14 Eliz. 5. § 25. N. 1. Provided also that forasmuch as it is thought that the Inhabitants of divers Counties Cities and Towns within this Realm be not able to relieve the Poor Lame and Impotent persons with mony to be Collected in manner and form aforesaid and that it were overgreat a burthen to the Collector for to gather Meat Drink Corn or other things for their relief to be imployed and bestowed in form aforesaid Licence CCCXLIII 14 Eliz. 5. § 25. N. 2. Therefore it is further Enacted that it shall be lawful to and for the Justices of Peace in their open Sessions of the Peace or for the most part of them there assembled within any the Counties Cities or Towns of this Realm where Collections of mony cannot presently be had as this present Act willeth and appointeth to grant Licence under their Hands and Seals to such and so many of the said Poor and Impotent or diseased persons or to any other person or persons to be by the
by you or the greater number of you be thought able to keep and maintain them Together with the names of the Parents of the said Children if they have any living and the several ages of the Children aforesaid And that you do cause such of the said Children as be able to come thither and more especially such of them as by you shall be thought fit to be put forth Apprentices to appear before us at the time and place aforesaid to be by us there viewed And likewise that you do then and there also present unto us in writing as aforesaid the names of such substantial Inhabitants of your said Parish to whom you shall think fit to put the said Children or any of them Apprentices and more especially of such of the said Inhabitants as have not formerly taken such Poor Children of the said Parish Apprentices And lastly that you do give notice to the said Inhabitants that they are by us required then and there to appear before ut to shew cause why you by our assent shall not bind such of the said Children Apprentices unto them as to you stall seem convenient unless they shall in the mean time consent to take and receive the same accordingly And that you your selves be then and there also present and have there this Precept of all which you are not to fail at your peril given under our hands and Seals the _____ day of Process c. CCCCLXXX Kilborns Precedents 25. A Warrant against them that refuse to take Apprentices To the Constables c. of the Hundred of K. and to every of them Kent ss WHereas the Church-wardens and Overseers of the Poor of the Parish of A. in the County aforesaid did by our assent by Indenture bearing date the _____ day of c. put and bind out unto B. C. of the Parish aforesaid D. E. a Poor Child of the said Parish Apprentice according to the form of the Statute in that case made and provided in the forty third year of the Reign of the late Queen Elizabeth Entituled an Act for the relief of the Poor And forasmuch as the said B. C. doth refuse to take receive and keep the said Apprentice accordingly and doth likewise refuse to Seal the Counterpart of the said Indenture These are therefore in His Majesties name to Command you that you some or one of you do cause the said B. C. to come before us or one of us or some other Justice of Peace of the said County to enter into Recognizance unto his said Majesty conditioned for personal appearance at the next General Sessions of the Peace to be holden at E. in the County aforesaid then and there to answer the premises and further to do and receive as the said Court shall then consider of him in this behalf hereof fail not at your perils given under our hands and Seals at c. CCCCLXXXI Dalt 94. cap. 40. Two Justices shall take the Account of such Overseers at the end of their year Account and of the Church-wardens in every of these particulars following 43 Eliz. 2. Suprà 470. 1. Of all summs of mony by them received or rated and not received 2. Of all such stock of ware or stuff as they or any of the Poor have in their hands 3. What Apprentices they have put out and bound according to the Statute 4. What Poor they have set to work or relieved 5. Whether they have suffered any of their Poor to wander and beg out of their Town or in the High-ways or in their Town without their direction 39 Eliz. 3. and 4. 6. Whether they have monthly met to consider of these things 7. Whether they have assessed the Inhabitants and occupiers of Lands c. in their Parish viz. all such as are of ability and with indifferency 8. Whether they have endeavored to levy and gather such assessements 9. Whether they have been otherwise negligent in their Office within which words also there seemeth to lie included if they shall neglect to execute the Justices Warrants to them or any of them directed for the levying of any forfeiture according to this Statute CCCCLXXXII Dalt 95. cap. 40. He that shall bring any Poor to any Town which are burthensome to the Town Settlement may be raised in his rates towards the relief of the Poor of that Parish CCCCLXXXIII Dalt 96. 97. cap. 40. Young Children whose Parents are dead are to be set on work relieved or maintained Infant at the charge of the Town where they were dwelling at the time of the death of their Parents and are not to be sent to their place of birth c. for if the Parents were not Rogues we may not make the Children Rogues except they wander abroad and beg this was the direction of Fleming Chief Justice in a case between Weston and Cowledge Anno. 11 Jac. Lambert 207. § 7. CCCCLXXXIV Dalt 97. cap. 40. A Travailing Woman having a small Child sucking upon her is apprehended for Felony Women and sent to the Goal and is after arraigned and hanged this Child is to be sent to the place of its birth if it can be known otherwise it must be sent to the Town where the Mother was apprehended for that that Town ought not to have sent the Child to the Goal being no Malefactor and so was it delivered by Sir Nicholas Hide at Cambridge lent Assizes Anno. 3 Car. 1. CCCCLXXXV Dalt 97. cap. 40. So that Lambert 207. § 9. such persons whose Estates of their Houses be expired Lieu. and Servants when their service is ended they shall not be put out of the Towns where they so last dwelt or served neither are they to be sent from thence to their place of birth or last habitation but are to be setled there to work being able of body or being impotent are to be there relieved And yet if such persons shall wander abroad begging out of that Parish then they may be sent as Vagabonds from the place where they shall be taken wandring or Begging to their place of birth Justices CCCCLXXXVI Dalt 97. 98. cap. 40. But for the placing and setling of these Poor people who now for want of Charity are much sent and tossed up and down from Town to Town and from Country to Country it hath been holden by some that it is in the power of the next Justice of Peace to give order therein And that upon appeal from him the Justices of Peace at the Quarter-Sessions may fully take order therein and that their order made in Sessions will not easily be avoided But Sir Francis Harvy at Summer Assizes at Cambridge Anno. 1629 did deliver it that the Justices of Peace especially out of their Sessions were not to meddle either with the removing or setling of any Poor but only of Rogues Bar. Fem. CCCCLXXXVII Dalt 98. cap. 40. If a Man hireth an House in A. and being there with his Wife and Children
their Sessions are bound to take notice of this tender and refusal And after they have there made the Party a second tender of the Oath Indictment and he refuseth it by which he incurs a Praemunire the Indictment against him to Convict and Attaint him of Praemunire must contain all the special Matter viz. That he stood Convicted or Indicted of Recusancy or that he had not received the Sacrament twice within the year next before or that passing through the Country and unknown being examined upon Oath he confessed or denied not c. as the Case is and that the Oath was tendred to him by the Bishop or two Justices of Peace Quorum unus c. and he refused it And that it was again tendred to him in open Court and he again refused it For in this Case the Mittimus is the ground upon which he must be proceeded against at the Assizes or Sessions But if the first tender and refusal be not expressed in the Mittimus or Warrant of Commitment there although there was a tender and refusal of the Oath before the Bishop or two Justices yet the Justices of Assize or Justices of Peace in their Sessions can take no notice of it but they must there tender him the Oath without reference to any prior tender which they may do by force of the General words any other person whatsoever 3 Jac. 4. § 14. N. 3. And if he refuse he incurs a Praemunire and in this Case the Indictment may be short and general scil That he was tendred the Oath in open Court and refused it c. And so it must be in all Cases where in truth there was never any prior tender and refusal 12 Co. 131 132. See 7 Jac. 6. § 26. N. 2. Whereby the power of the Justices of Peace is in some particular Cases enlarged in reference to this Oath of Allegiance Infrà Oath LXVII The Laws c. 179. Abr. 186. Vnto which Oath to take the said Person shall subscribe his or her Name or Mark 3 Jac. 4. § 15. N. 6. If a man refuse to take any word of this Oath 't is a refusal of the whole 1 Bulstr. 198. Lord Vauxes Case Proof LXVIII The Laws c. 190. Abr. 199. To the satisfaction of the said Justice of Peace 3 Jac. 4. § 27. N. 2. In this Case the Justice of Peace is sole Judge whether the Excuse the Party makes for his Absence be sufficient and sufficiently proved and the same cannot be brought into question elsewhere by the Party Justices LXIX The Laws c. 196. 197. Abr. 211. Where any Bishop or Justices of the Peace 3 Jac. 4. § 41. N. 1. The Justices of Peace have a twofold power given them by this Act in reference to the Oath of Allegiance 1. Out of Sessions and so any two Justices of Peace Quorum unus c. may tender the Oath to any Person by 3 Jac. 4. § 13. N. 2. Eighteen years old or above other than Noble men or Noble women 2. In their General or Quarter-Sessions and there they may by 3 Jac. 4. § 14. N. 2. 3. They may tender the Oath to any such Person who hath before refused it or to any Person whatsoever of or above that Age other than Noble men or Noble women Now whether the six Privy Counsellors here mentioned 3 Jac. 4. § 41. N. 1. may require the Oath of Noble men and Noble women in all Cases where the Justices of Peace may require the same of any Subject either in or out of Sessions Or only in such Cases where they may require it out of Sessions seems to be a Question For if the Power here given 3 Jac. 4. § 41. N. 1. to the six Privy Counsellors be the same with that of the Justices of Peace in their Sessions they may by force of this Act tender it to any Noble man or unmarried Noble woman whatsoever above Eighteen years old for the Justices of Peace in their Sessions by 3 Jac. 4. § 14. N. 2. may tender it there to any other Person whatsoever But if it be meant of the Power given the Justices of Peace out of Sessions 3 Jac. 4. § 13. N. 1. then the six Privy Counsellors can tender it by force of this Act 3 Jac. 4. § 41. N. 1. to such Noble men or unmarried Noble women only who stand Convicted or Indicted of Recusancy for not coming to Church or who have not received the Sacrament twice within the year next before or who passing through the Country unknown shall upon Examination confess or not deny their Recusancy or that they have not so received the Sacrament For the Solving of which Doubt it is to be considered 1. That the Bishop and not the Justices of Assize are here joyned with the Justices of Peace And these words 3 Jac. 4. § 41. N. 1. where any Bishop or Justices of Peace seem to bear this Construction viz. Either the one or the other indifferently may require the Oath and that can be intended only of the Power given out of Sessions for in Sessions the Bishop hath nothing to do But had the Justices of Assize been here added scil in all Cases where the Bishop Justices of Assize or Justices of Peace may require this Oath it had been clear that the Power here 3 Jac. 4. § 41. N. 1. given the six Privy Counsellors was as Extensive as that which 3 Jac. 4. § 14. N. 3. is given the Justices of Assize or Justices of Peace in their Sessions and they might have required the Oath of any Noble man or unmarried Noble woman whatsoever of competent Age. So if the Justices of Peace only had been here named it had been clearly intended of the Justices of Peace in either Capacity either in or out of Sessions But Bishop 3 Jac. 4. § 41. N. 1. seems here to be a Restrictive word and to give the Privy Counsellors no more power in respect of the Nobility than the Bishop had in reference to any other Subjects 2. These words In all Causes where c. 3 Jac. 4. § 41. N. 1. seem to be Restrictive likewise and Exclusive of some Causes but the power of Justices of Peace in Sessions 3 Jac. 4. § 14. N. 3. extends to all Causes and Persons under the degree of Nobility whatsoever which therefore cannot be here intended 3 Jac. 4. § 41. N. 1. but only some particular Causes Ejusdem generis which can be no other than the Causes before mentioned 3 Jac. 4. § 13. N. 1. wherein the Bishop or two Justices out of Sessions may deal scil where the Party was before Convicted or Indicted or had not received the Sacrament or passed unknown and confessed c. And yet as 't is reported 1 Bulstr. 197. the Lord Vaux's Case Pasch 10 Car. 1. is to the contrary For 't is said there he was Committed to the Fleet by the Privy Council for refusing the Oath of Allegiance
§ 26. N. 4. And not if the party be suspected as Wingate Crown 150. mistakes for the bare suspition of the Justice of Peace or any other person is no sufficient ground to require the Oath or commit the party for refusal but there must be some good Cause for that Suspition and the same must be alledged in the Justice of Peace his Plea or Justification if he be sued for committing him to Prison for such refusal So if a Man be Arrested on Suspition of Felony and brings his Action for false Imprisonment the Defendant ought to shew some Matter in Fact to induce his Suspition For in these and the like Cases a bare Suspition is no Justification sufficient it being a Matter secret and not traversadle but the Cause of Suspition is traversable 3 Bulstr 284. Weale vers Wells 7 Ed. 4. 20. 17 Ed. 4. 5. 5 H. 7. 4. And whether the Supposition be just and lawful shall be tryed and determined by the Justices 2 Inst 52. 11. Ed. 4. 4. LXXXVIII The Laws c. 284. Abr. 265. Justices That then any one Justicie of Peace 7 Jac. 6. § 26. N. 4. What was said by Coke Chief Justice in Griffiths Case 2 Bulstr 155. that any one Justice of Peace may minister this Oath is to be understood of some Cases only 12 Co. 130. which are no others than those here mentioned as he explains his meaning 12 Co. 132. That one Justice of Peace cannot Commit any for refusal of this Oath unless they be Prosecuted Indicted or Convict c. according to 7 Jac. 6. § 26. N. 4. Supra LXXXIX The Laws c. 248. 249. 250. Abr. 266. Lieu. Within whose Commission or Power such Person or Persons shall at any time hereafter be 7 Jac. 6. 26. N. 4. A Person complained of and against whom cause of Suspition is found by the Justices of Peace flyeth into another County Quaere whether a Justice of Peace of that other County can require the Oath of him and Commit him upon refusal for he seems to be impowered thereunto by the express words of the Statute for that the Party is faln within his Commission or Power c. But yet I conceive that 7 Jac. 6. § 26. N. 4. by these words Any one Justice of Peace within whose Commission or Power c. is designed or intended no other Justice than a Justice of that County where the Party was complained of and suspected And that if he fly into another County no Proceedings can be there upon the complaint and suspition in the County whence he came nor any one Justice tender him the Oath or Commit him for refusal without a new complaint and cause of Suspition in the County whither he flieth For where the Party cannot be Indicted of a Praemunire for refusing the Oath upon the second tender at the Assizes or Sessions by 7 Jac. 6. § 26. N. 6. there the Justice or Justices of Peace out of Sessions cannot tender the Oath or Commit for refusal for a Commitment is in order to a second tender and an Indictment of Praemunire thereupon But in this Case the Party cannot be Indicted of a Praemunire in the County where he flyeth for refusing it upon the second tender For the Offence for which the Party must be Indicted is a complicated Offence consisting of several Particulars 1. In giving just cause of Suspition without which the Party complained of according to this Act 7 Jac. 6. § 26. N. 4. cannot be tendred the Oath by one Justice of Peace Then 2. in refusing the Oath before the Justice of Peace who tendred it And lastly 3. in refusing it upon the second tender at the Assizes or Sessions all which must be comprised in the Indictment So that the cause of Suspition is pars Criminis and that arising in the County where the Party dwelt and was complained of cannot be punished in another Counry unless the Statute 7 Jac. 6. § 26. N. 4. had expresly made it Examinable there Supra 2. True it is that some Statutes do enable Justices of Peace to punish an Offence done in another County but that is where they enable them likewise to examine the truth of the Fact and take Proofs and Evidences thereof So 1 Jac. 27. § 5. N. 2. 7 Iac. 11. § 8. N. 3. Supra impower the Justices of Peace where the Party is apprehended to examine and punish the Offence But in our Case the cause of Suspition arising in one County is not made examinable and consequently not punishable in another County and if not punishable there no Justice of Peace of that other County can proceed upon that cause of Suspition notwithstanding the Party happen to be within his Commission or Power 3. But yet the Party so flying into another County may without any new Complaint or Cause of Suspition be tendred the Oath and proceeded against there by two Justices of Peace Quorum unus c. by virtue of the foregoing words of this Clause 7 Jac. 6. § 26. N. 2. although he dwell in another County and that for the Reason before given viz. because this Oath Sequitur personam non locum 4. But Wingate Crown 150. saves the labour of this Question for he erroniously restrains the Power of tendring the Oath in this Case to the Justice of Peace to whom the Complaint is made as if no other Justice of Peace of that County could proceed therein which is contrary to the express words as well as the meaning of 7 Jac. 6. § 26. N. 4. 5. Note that Dalt 107. cap. 45. saith It seems requisite that the Justice or Justices of Peace do make like Certificate as 3 Iac. 4. § 13. N. 5. at the next Assizes or Quarter-Sessions of such Persons as have taken this Oath betore them by force of 7 Iac. 6. § 26. N. 4. But upon what ground Mr. Dalton thought this requisite to be certified at the Assizes I know not seeing there is no such Certificate to be made by 3 Iac. 4. § 13. N. 5. but only to the General or Quarter-Sessions of the Peace 6. And as for the Sessions I conceive neither the Justices of Peace if they proceed on 7 Iac. 6. § 26. N. 4. and not upon 3 Iac. 4. § 13. N. 5. are bound to make such Certificate nor the Clerk of the Peace or Town-Clerk to record it for it is not here required to be done 7. But yet in such Cases where the same Persons are impowered by both these Statutes to require and minister this Oath as where the Party is Convicted or Indicted of Recusancy in which Case two Justices of the Peace Quorum unus c. may require the Oath by the special words in 3 Iac. 4. § 13. N. 2. or of the general words in this Clause of 7 Iac. 6. § 26. N. 2. And it doth not appear upon which of these Statutes they proceed as it may some times so happen there if
at the least with sufficient sureties to the good behaviour for that his so long obstinacy besides the other Penalties 23 Eliz. 1. § 5. N. 2. Crompt 13 b. 144. Justices C. Lambert 197. Any Justice of Peace within the County in which any Jesuit Seminary Priest or other Priest Deacon or Religious or Ecclesiastical Person mentioned in this Statute shall arive or land may within three days after take the Submission Oath and Acknowledgment of him touching his Obedience to the Kings Majesty and to his Laws and Ordinances provided in Cases of Religion 27 Eliz. 2. § 10. N. 1. supra Dalt 104. cap. 45. Notice CI. Lambert 197. 198. And every Subject having understanding that any such Jesuit Seminary Priest or other the abovesaid shall be within any the Kings Dominions contrary to the meaning of this Statute ought to discover the same to some Justice of Peace or other higher Officer within twelve days after such his knowledge under the pain of a Fine and Imprisonment and that Justice of Peace ought within 28 days after such discovery made unto him to give Information thereof to one of the Kings Privy Council under the pain of CC Marks 27 Eliz. 2. § 13. N. 1. Crompt 45. Dalt 104 105. cap. 45. Forfeiture CII Lambert 198. The Party that doth first discover to any Justice of Peace any Recusant or other entertaining or relieving any Jesuit Seminary or Popish Priest or any Mass to have been said and any of them that were present thereat within three days after the Offence and by reason of his discovery any the Offenders be taken and Convicted shall be freed from danger of the Offence if he be an Offender therein and have the third part of the Forfeiture by such Offence 3 Iac. 5. § 1. N. 3. Dalt 105. cap. 45. Oath CIII Lambert 333 334. Any two Justices of Peace may require any Popish Recusant not making Submission according to this Statute to abjure the Realm upon his Corporal Oath before them 35 Eliz. 1. § 2. N. 1. Dalt 104. cap. 45. infra Justices CIV Lambert 334. Any two Justices of Peace of the County where he shall arive may take the Submission of a Person reconciled to the See of Rome within six days after such persons return into this Realm and minister the Oath 1 Eliz. 1. § 19. N. 4. of Supremacy and of Allegiance and are to certifie the same Oaths so taken at the next Quarter-Sessions upon pain of Forfeiture of Forty pounds 3 Iac. 4. § 24. N. 1. Process CV Lambert 334. Any two Justices of Peace may search the Houses and Lodgings of every Popish Recusant Convict or of every person whose Wife is a Popish Recusant Convict for Popish Books and Relicks of Popery And if any Altar Pix Beads or Pictures or such like Popish Relicks or Books be found as in the opinion of the said Justices shall be thought unmeet for such Recusant to have and use the same they shall be presently defaced and burnt being meet to be burnt And if a Crucifix or other Relick of any Price the same is to be defaced at the General Sessions of the Peace and restored to the owner 3 Iac. 5. § 26. N. 1. Lambert 607. Dalt 108. cap. 45. CVI. Lambert 118. Moreover Bail it seemeth to me that all these Statutes viz. 23 Eliz. 1. § 5. N. 2. c. have this one meaning that a Party so bound may afterward forfeit his Recognisance if he eftsoons offend against the said Statutes CVII Lambert 224. Justices The Treason 1 Eliz. 1. § N. of extolling And 23 Eliz. 1. § 2. absolving or withdrawing Subjects from Obedience and 13 Eliz. 2. § 2. N. 1. of putting in ure Instrument of Reconciliation to Rome are publick Felonies that concern the King and Justices of Peace can only enquire and receive Indictments Lambert 506. Infra Crompt 192. CVIII Lambert 495 496. Ecclesiastical Causes enquirable in Sessions Rome 1. If any Person have within this half year by writing printing teaching preaching express deed or act advisedly maliciously and directly affirmed held set forth or defended the Authority Preheminence Power or Jurisdiction Spiritual or Ecclesiastical of any foreign Prince or Person whatsoever heretofore claimed used or usurped in this Realm or any the Kings Dominions Crompt 124 192. 2. Or have advisedly maliciously or directly put in use or executed any thing in the extolling setting forth or defence of any such pretended or usurped Jurisdiction Preheminence or Authority or any part thereof Crompt 15. 3. Or if any Person compellable to take the Oath of Recognition of the Kings Majesty to be Supream Governour in all Causes within his Dominions have refused to take the said Oath Oath after lawful tender thereof to him made 1 Eliz. 1. § N 5 Eliz. 1. § N. enquirable by words of 23 Eliz. 1. § 8. N. 1. 4. Lambert 496 497. Treason If any Person under the Kings Obedience have at any time within this year by writing cyphering printing preaching or act advisedly holden or stood with to extoll or defend the Power of the Bishop of Rome or of his See heretofore claimed or usurped within this Realm Crompt 15. 5. Or by any Speech open Deed or Act advisedly attributed such manner of Authority to the said See of Rome or to the Bishop thereof within any the Kings Dominions ye shall present him his Abetters Procurors Counsellors Aiders and Comforters 5 Eliz. 1. § 2. N. 2. Crompt 15 b. 6. If any Person have by any means practised to absolve perswade or withdraw any other within the Kings Dominions from their natural Obedience or for that Intent from the Religion now established here to the Romish Religion or to move them to promise obedience to the See of Rome or other Estate Crompt 17 b. 18. 7. Or if any Person have been willingly so absolved or withdrawn or have promised such obedience 23 Eliz. 1. § 2. N. 5. Crompt 14 b. 18 a. 8. And if any Person have willingly aided or maintained any such Offender or knowing such offence have concealed it and not within 20 days disclosed it to some Justice of Peace or other higher Officer 23 Eliz. 1. § 3 N. 1. Crompt 14 b. 18. 9. If any Subject of this Realm have after the Tenth day of June 1606. gone out of this Realm to serve any foreign Prince State or Potentate Or have after the Tenth day passed over the Seas and there hath voluntarily served any such foreign Prince c. not having taken the Oath expressed 3 Iac. 4. § N. before the Customer and Comptroller of that Port Haven or Creek where he had Passage 10. If any Gentleman or Person of higher Degree or any Person which hath born any Office Place or Charge in any Camp Army or Company of Souldiers or Conductor of Souldiers have gone voluntarily out of the Realm to serve any foreign Prince State or Potentate before he became
appear gratis to avoid an Attachment of his Body 3 Ed. 4. 16. Jours Br. 2. 16 And this is the Reason it s Entred ipse non venat Dalt 404 405. cap. 132. 3. Jacobus c. Vicecom ' c. salutem Pluries Precipimus tibi sicut pluries tibi Precipimus quod non omittas c. Ad quem diem A. B. Armiger Vicecom ' Comitat ' predict ' Retorn ' quod predict ' C. D. Non est inventus in c. ipse non venit ideo Precept ' est quod Exigi facias c. Dalt 406. cap. 132. Exigint 4. Jacobus c. Vicecom ' c. salutem Precipimus quod Exigi facias C. D. A. in Com. tuo Yeoman quodque secundum legem consuetudinem Regni nostri Angliae Utlagatur si non comparuerit si comparuerit tunc eum Capias Salvo Custodiri facias Ita quod Habeas Corpus ejus Coram Justiciariis Pacis nostrae nec non Justiciarijs nostris ad diversas Felon ' Transgr ' alia Malefacta in eodem Comitatu tuo perpetrat ' audiend ' terminand ' Assignat ' ad Generalem Sessionem Pacis Comitatus tui proximè post Festum Sancti Mich ' Archangeli proximum futur ' tenend ' ubicunque in eodem Comitatu teneri contigerit ad respondendum Nobis de diversis Transgr ' Contempt ' Offensis de quibus ipse Indictus existit habeas ibi tunc hoc breve Teste c. H. apud Staff 8. die Sept. Anno Regni c. Dalt 406. cap. 132. Ad quem diem A. B. Armiger Vicecomes Com. predicti Retorn ' quod ad Com. Staff tentum apud Stafford quinto die Maij Anno Regni Domini Regis nunc secundo hic ad quatuor alios Com. tunc proximè sequent ' Ibidem tent ' predict ' C. D. exactus â—uit non comparuit ideo Utlagatus fuit XXXV Crompt 233 And he must shew the days when the Counties were as it seemeth Process Br. 149. Dayes 2. Note Where the Process Issueth upon an Endictment of Felony then the first Process shall be a Capias and then a Capias alias and then an Exigent and the Entry of the Process shall be ut supra mutatis mutandis 3. Nota That an Entry must be made in the Roll with the Clerk of the Peace which shall be a Warrant of every Process that shall be Awarded as it seemeth And 2 R. 3. 12. it appears that the Writ must be Warranted by the Roll See Dyer 211. 4. And a Man that hath day to appear by the Roll or is to have corporal Penance or is to loose an Inheritance if he doth not come there he shall be received to appear notwithstanding the Writ be not retorned served which see Kell 166 b. pl. 10. H. 7. 11 b. Jours 29. Br. 93. XXXVI Dalt 329. Cap. 117. Recites Crompt 148 Supra Monstr And I once received a Warrant brought me by one Thomas Evans a Pursevant or Messenger of his Majesties Chamber Anno 1607. under the hand of the Right Honourable Thomas Lord Ellesmore Late Lord Chancellor of England for the apprehending of one James Malin for a matter of Contempt and the said Warrant was in general words scil to Answer to such Matters as were to be objected against him without any special Cause therein mentioned infra 2. Also I saw another Warrant 3 Jac. granted under the hand of Popham Chief Justice to bring one Edmonds of Barnwel by Cambridge before him to answer to such Matters as he had to object against him on the Kings Majesties behalf without any special Cause or Matter therein set down Libr. Intr. 83. 3. But it is not safe for a Justice of Peace to grant out his Warrant with a blank for about 30 Eliz. one wrote to Sir J. R. a Justice of Peace to send him a Precept or Warrant with a blank that he mâ—ght put therein one whom he would Attach upon Suspition of Felony and the Justice of Peace did so granting a Warrant with a blank where he neither knew the Parties Name nor the Matter and for this the Justice was fined in the Star-Chamber as Crompt Jurisd 34. Laches XXXVII Dalt 330. cap. 117. Also the Justices of Peace in divers Cases do use to grant their Warrant against a Man for his neglect or other default as for refusing to pay down rates and the like and such Warrant may be either to attach the Offender to be at the next Sessions there to answer c. or else to bring the Offender before the said Justice or any other Justice c. who finding Cause may bind such an Offender to appear at the next Sessions to answer the said default Lambert 187. Supra 2. And wheresoever any Statute doth give Authority to the Justices of Peace to cause another Person to do a thing there it seemeth they have Power given them of congruity to grant their Warrant to bring such Person before them that so they may take Order therein Lambert 512 supra Suggestion XXXVIII Dalt 330. 331. cap. 117 But I find it much controverted 14. H. 8. 16. Peace Br. 6. Commission Br. 3. Crompt 147 b. Lambert 188. 189. supra Whether a Justice of Peace may grant a Warrant to Attach Persons suspected of Felony or against Offenders upon a Penal Statute unless such Persons or Offenders be first thereof Indicted for that the Justice of Peace as he is a Judge of Record so it is said he must have a Record whereupon he doth Award his Process or Precept 2. For the first Some hold that the Justice of Peace may grant his Warrant to Attach Persons suspect of Felony for that it seemeth in the first assignavimus in the Commission § 13. and by 5 Ed. 3. 14. § N. that any one Justice of Peace may cause the Constables to Arrest and imprison Offenders suspect of Felony c. and how shall the Justice of Peace cause this to be done but by his Warrant or Commandment 3. Again If a Felony be done there is no doubt but that every Private Man without a Warrant may Arrest whomsoever he suspecteth of it being a Man of Evil Fame c. but if the Offender being pursued shall resist Quaere who shall be aiding to a Private Man whose Goods are stoln and who suspecteth another to have stoln them either to search for his Goods or to apprehend the Party suspected if the Justice of Peace by his Warrant shall not command the Constable to aid him therein If it be objected that the Constable may do all this of his own Authority upon request to him made by the Party Robbed be it true yet we find by common Experience that the Constables without the Justices Warrant therein are for the most part both very fearful and also remiss herein as neither knowing their own Authority nor the Danger 4. Besides this is no new thing for
to take the Declaration of any Person that being moved to any such assembly will within 24. hours after reveal the same unto him XLI Lambert 360. Three Justices of the Peace one of them being of the Quorum may discharge out of Prison any Person committed thither for his Offence in not declaring to a Justice within 24 hours that he was moved to joyn in any unlawful Assembly contrary to the Statute 1 Mar. 1. St. 2. cap. 12. and 1 Eliz. 16. XLII Lambert 367. That Justice of Peace that doth not after request thereof made give attendance upon the Kings Lieutenant of the Shire for the suppressing of any Rebellion or unlawful Assembly shall suffer a years Imprisonment unless there be Cause of reasonable Excuse 1 Mar. 1. St. 2. cap. 12. § N. and 1 Eliz. 16. XLIII Lambert 420 421 422. Enquiry at Sessions if any Persons of or above the Number of twelve have been assembled and have intended gone about and practised with force of Arms unlawfully to change any Laws of this Realm or to cut or cast down any inclosure of Park or inclosed Ground or the Banks of any Fish-pond or any Conduit head or Pâ—pe to the intent they should lay open or void or to have any Common or Way there or to destroy the Deer or Conies in any Park or Warren or Dâ—ve houses or Fish in Pool or in Pond Or to cut down any Houses Baâ—â—s Mills or Bays or to burn any Stack of Corn or Grain or other usual Sustenance of men And being commanded by the Sheriff or any Justice of the Peace of the Shire or by the Mayor Sheriff Justice of Peace or Bayliff of the City Borough or Corporate Town where the Assembly was by Proclamation in the Kings Name to depart to their Houses have notwithstanding continued together one hour after or have after that forcibly attempted to do any such thing 2. And if any Person have unlawfully by ringing of Bells Sounding of Trumpet Drumm Horn or other Instrument or by firing of Beacon or by Malitious Speech or Outcry or by Setting up or casting any writing or by any other Act raised or caused to be raised twelve Persons or above in such manner and to any such intent as is aforesaid and they being commanded by Proclamation as before have nevertheless continued together one hour after or have afterward attempted forceably to do any of the said things 3. And if any the Wife or Servant of any the said Assembled Persons or if any other Person have willingly and without compulsion delivered or conveyed Mony Harness Weapon or Victual to any of the said Persons Assembled during their abode together as before 4. and if any Person have hindred or hurt any that did Proclaim or went to Proclaim as before and if any of the Parties Assembled knowing of that hinderance or Procuring it have nevertheless afterwards committed or put in ure any the things aforesaid 5. And if any Persons to the Number of Forty or more so have assembled to the intent to do any the said things or any other Felonious or Rebellious Act and have continued together three hours after such Proclamation made at or nigh the place of Assembly or in some Market Town next adjoyning and after notice to them thereof given 1 Mar. 1. St. 2. cap. 12. § N. 1 Eliz. 16. XLIV Lambert 439. Enquiry in Sessions if any Persons to the number of three or above have been riotously Assembled to beat any man to enter upon a Possession or to do any such unlawful Act and have done it indeed or attempted to do it or have been assembled together in Routs for any common Quarrel or otherwise unlawfully against the Kings Majesties Peace 2 H. 5. 8. Commission under the name of Conventicles 2. If any Persons above the number of two and under twelve being assembled have intended unlawfully with force to murder or slay any of the Kings Subjects or to cut and cast down any inclosure or Banks of any Fish-pond or Conduit-head or Pipe or to do any the deeds mentioned in unlawful Assemblies before 1 Mar. 1. St. 2. cap. 12. 1 Eliz. 16. § N. and have not departed upon Proclamation but have attempted to do any of these things 3. Or if any Person being moved to make any Rebellious Assembly have not within 24. hours after disclosed the same to a Justice of Peace or to the Sheriff or if any Person have stirred or procured any other to make such Assembly 1 Mar. 1. St. 2. cap. 12. 1 Eliz. 16. Crompt 168. Ab. XLV Lambert 605. The Act of Rebellious Assemblies or the effect thereof ought to be openly read at every Quarter-Sessions 1 Mar. 1. St. 2. cap. 12. 1 Eliz. 16. XLVI Lamb. Precedents 13. pl. 34. An Endictment upon a Rebellious Assembly Juratores pro Domino Rege presentant quod primo die Mensis Octobr. Anno Regni Domini Jacobi c. A. B. C. E. F. c. to the Number of 13. with Additions apud quendam locum infra Parochiam de O. in Com. predict ' Angl ' vocat ' le Old Court inter horas decimam undecimam ante meridiem ejusdem diei Vi Armis tam invasivis quam defensivis viz. Gladis Pugionibus Baculis Arcubus Sagittis Runicis ferre Ferreis Tormentis seipsos Congregaverunt Assemblaverunt ac tunc ibidem intenderunt conati sunt Practicaverunt Vi Armis illegitimè ex authoritate sua propria secare prorsus evertere prosternere ac destruere quoddam caput unius Aquaeductus Angl ' vocat ' a Conduit-head tunc ibidem in fundo cujusdam R. S. de O. predict ' in Com. predicti Generosi existent ' cursum aquae in ipso habens ea intentione ut idem caput Aquaeductus predict ' ex tunc apâ—rtum vacuum remaneret ac Jaceret Et ulterius quod super querimonia inde sacta coram T. W. uno Justiciariorum Pacis dicti Domini Regis in Comitatu predict ' omnes singuli predict ' A. B. C. D. E. F. c. tunc ibidem per eundem Justiciarium requisiti sunc ac jussi per Proclamationem in nomine dicti Domini Regis tunc ibidem per eum palam factam ad habitationes Loca Domos suas unde venerant se inde in Pacifico modo tetrahere retirare discedere reverti quae quidem Proclamatio tunc ibidem modo forma sequentibus habita facta est viz. predict ' T. W. Justiciarius tunc ibidem fecit alta voce unam Oyes ad tunc ibidem immediate haec verba Anglicana sequentia Palam alta voce pronunciavit dicens scilicet The King our Soveraign Lord chargeth and commandeth all Persons being assembled immediately to disperse themselves and peaceably to depart to their Habitations or to their lawfull Business upon the pains contained in the Act lately made against unlawfull and Rebellious Assemblies and God save the King Et ulterius Juratores
prefat ' C. D. seu ipsum Imprisonand ' aut eum ea ex causa aliqualiter molestand ' omnino supersed ' si eum ex causa non alia ceperitis tunc ipsum sine dilatione deliberari facias Teste me c. XV. Crompt 234. A Supersedeas of a Capias Indictat ' and so of an Exigent by one Justice of Peace made out of Court are good for otherwise there would be a mischief for the Imprisonment and he may be Utlawed before the Sessions if one Justice of Peace cannot bind him to appear and all is but to appear to answer to the Indictment supra 2. Two Justices of Peace out of Sessions may Award a Supersedeas upon a Writ of Restitution upon 8 H. 6. 9. § N. Awarded at the general Sessions because the Indictment was insufficient in Law but without special cause they cannot c. Quaere of this last 3. It is said that one Justice of Peace cannot Award a Capias nor other Process but there must be two Justices at the least and this Sedente Curia in Sessionibus non contra Peace Br. 6. XVI Crompt 234. pl. 9. Supersedeas de Capiendo Indictat ' de Transgr ' Quia invenit plegios pro fine extrà Sessiones Dalt 367. cap. 122. Staff ss R. B. Miles Migister Rotulorum Cancellar ' Domini Regis nunc ac unus Justiciar ' dicti Domini Regis ad Pacem in Com. predict ' conservand ' necnon ad divers Felonias Transgr ' alia malefact ' in eodem Comitat ' audiend ' terminand ' assignat ' Vicecom ' Comitat ' predict ' ac omnibus singulis Ballivis Constabular ' ceterisque dicti Domini Regis Ministr ' tam infra Libertat ' quam extrà in Com. predict ' Salutem Licet nuper per Breve dicti Domini Regis vobis seu uni vestrum precept ' fuit quod caperetis seu unus vestrum caperet A. B. de S. in Com. predict ' Yeoman si invent ' fuerit in eodem ad ipsum salvo Custodiend ' Ita quod haberetis seu unus vestrum haberâ—t corpus ejus coram Custodibus Pacis ac Justiciar ' dicti Domini Regis ad Pacem in Com. predict ' necnon ad divers felon ' transgr ' alia malefact ' in eodem Comitat ' Audiend ' terminand ' assignat ' apud Staff ' Dâ—e c. ad respondend ' dict' Domino Regi de divers contempâ— ' transgr ' unde coram dictis Justiciar ' indictat ' existit ' quia modo predict ' A.B. venit coram me invenit sufficient ' plegios pro Fine suo cum dict' Domino Rege pro premissis faciend ' ideo ex parte dicti Domini Regis vobis conjunctim divisim mando quod ad Execution ' Brevis predict ' ulterius faciend ' supersedeatis omnino si ipsum A.B. ea occasione non alia ceperitis in prisona dicti Domini Regis detinueritis tunc ipsumsine dilatione ab eadem deliberari facias et habeatis seu unus vestrum habeat hoc preceptum ad Sessiones predict ' Dat. 20. die Julij Anno Regni dicti Domini nostri Jac. Dei Gratia c. XVII Crompt 134 235. pl. 11. Supersedeas de Capias pro Fine Dalt 367. cap. 122. Staff ss R. E. Miles unus Justiciar ' Domini Regis nunc ad Pacem in Com. predict ' conservand ' assignat ' Vicecom ' Com. predict ' Salutem Quia C. D. de A. in dicto Comitat ' Yeoman venit coram me invenit sufficientes manucapt ' essendi ad proxim ' generalem Sessionem Pacis in Com. predict ' tenend ' ad faciend ' finem cum dicto Domino Rege pro quibusd ' transgr ' contempt ' offensis unde indictat ' existit ideo ex parte dicti Domini Regis tibi precipio quod de capiend ' prefat ' C. D. Imprisonand ' seu ipsum ea occasione aliqualiter molestand ' omnino supersedeatis habeas ibi tunc hoc Precept ' Teste me prefat ' R. E. 10. Die Augusti Anno Regni c. XVIII Crompt 235. pl. 13. Supersedeas de Capias indictat ' de felonia c. Dalt 367. cap. 122. Staff ss T. G. Armig ' unus Justiciar ' Domini Regis nunc ad Pacem in Com. predict ' conservand ' assignat ' Vicecom ' Com. predict ' necnon omnibus singulis Ballivis Constabular ' Caeterisque dicti Domini Regis nunc Ministris tam infra Libertates quam in dicto Com. Salutem Quia A.B. de C. in Com. predict ' Husbandman venit coram me invenit sufficient ' securitatem essendi coram Justiciar ' dicti Domini Regis ad pacem in Com. predict ' conservand ' necnon ad divers felon ' transgr ' alia malefact ' in eodem Comitat ' Audiend ' terminand ' assignat ' ad proximam generalem Sessionem pacis in Com. predict ' tenend ' ad respondend ' dicto Domino Regi de divers felon ' transgr ' unde coram eis Indictat ' existit ' ideo ex parte dicti Domini Regis vobis cuilibet vestrum mando quod de Capiend ' predict ' A. B. ea ex causa supersedeatis omnino si eum ea occasione non alia Ceperitis seu Imprisonaveritis tunc ipsum sine dilatione deliberari facias Dat' 10. die Junij Anno Regni c. XIX Lamb. Precedents 24. pl. 68. A Supersedeas to stay the exigi facias upon an Indictment of Felony Dalt 368. cap. 122. Kent ss Carolus secundus Dei Gratia c. Vicecom ' Com. Kanc ' Salutem Quia A. B. de C. in dicto comitat ' tuo Yeoman Venit in curiam nostram apud M. 5. Die Julij Anno Regni c. coram H. C. Milite socijs suis Custodibus pacis nostrae necnon Justiciarijs c. ac se reddidit Prisonae nostrae occasione quarund ' feloniarum unde coram eis Indictatus est in eadem moretur sicut nobis Constat ' or thus Quia invenit nobis sufficient ' manucapt ' essendi coram prefatis Justiciarijs ad proximam Generalem Sessionem Pacis in dicto Comitat ' tenend ' ad respondend ' nobis de quibusd ' felonijs unde coram eis Indictatus Existit Ideo tibi precipimus quod de ulterius exigendo prefat ' A.B. ad aliquem Comitat ' tuum vel eum Imprisonand ' sive ipsum ea occasione molestando omnino Supersedeas Habeas ibi hoc Breve Teste prefat ' H. C. c. 2. Some other forms of Supersedeas there be in that old Book of the Justices of Peace Imprinted proceeding from one of the Justices of the Peace which I do pretermit because I see not how they be Warranted at this day XX. Crompt 337. b. pl. 20. A Supersedeas of the Peace upon a Writ of Supplicavit out of the Chancery against an Enfant
Steward of any Lord be Assigned in any of the said Commissions 13 Ric. 2. Cap. 7. Ability § 1. N. 7. And that no Association shall be made to the Iustices of the Peace after their first Commission Joynder § 1. N. 8. And it is not the Intent of this Statute Appearance that the Iustices of the one Bench or of the other nor the Serjeants of the Law in case that they shall be named in the said Commissions shall be bound by force of this Statute to hold the said Sessions four times in the year as the other Commissioners the which be Continually dwelling in the County but that they shall do it when they may best attend it 13 Ric. 2. Ca. 7. Whereas it is Contained in the Last Statute made at Canterbury viz. 12 Rich. 2. Cap. 10. § 1. N. 6. Ability that no Steward of any Lord shall be Assigned in the Commission of the Iustices of Peace nevertheless for certain causes shewed in this Parliament it is accorded and assented that Iustices of the Peace shall be made of new in all the Counties of England of the most sufficient Knights Esquires and Gentlemen of the Law of the said Counties notwithstanding the said Statute 18 H. 6. Cap. 12. § 1. N. 2. And that the said Iustices be Sworn duly Justices and without favour to keep and put in Execution all the Statutes and Ordinances touching their Office Cap. 8. Item Victuals It is ordained c. that the Statutes and Ordinances made in the last Parliament holden at Canterbury viz. 12 Ric. 2. Cap. 3. 4. 5. 6. 7. 8. 9. as well of Servants Labourors Artificers and Victualers as of all other things saving the Exception viz. 12 R. 2. Cap. 10. § 1. N. 6. in the next Article before viz. 13 Rich. 2. Cap. 7. touching Iustices of Peace c. shall be firmly kept and duly executed Coron But forasmuch as a man cannot put the price of Corn § 1. N. 2. and other Victuals in certain it is Accorded c. that the Iustices of Peace in every County in two of their Sessions to be holden betwixt the Feast of Easter and St. Michael shall make Proclamation by their discretion according to the Dearth of Victuals how much every Mason Carpenter Tyler and other Craftsmen Workmen and other Labourers by the day as well in Harvest as in other times of the year after their degree shall take by the day with meat and drink or without meat and drink between the two Sessions beforesaid notwithstanding the Statutes viz. 23 Ed. 3. Cap. 6. and 12 R. 2. Cap. 4. thereof heretofore made and that every man obey to such Proclamations from time to time as a thing done by Statute Fees And in the Right of Victualers it is Accorded § 1. N. 3. that they shall have reasonable gains according to the Discretion and Limitation of the Iustices and no more upon pain to be grievously punished according to the Discretion of the said Iustices where no Pain is limited in certain before this time Drapery And that the Workers Weavers and Fullers C. 11. § 1. N. 3. viz of plain Cloaths of Somerset c. shall put their Seals to every Cloath that they shall work upon a certain Pain to be limited by the Iustices of the Peace c. Forest And that the Iustices of Peace have Power to Enquire C. 13. § 1. N. 4 viz. of Lay-men that have not forty shillings a year and Clerks not advanced to ten pound a year that Hunt or keep Dogs Nets c. and shall enquire of the Offenders in this behalf and punish them by the Pain aforesaid viz. Imprisonment a year Justices Item that in eyery County be Assigned eight Iustices of Peace 14 R. 2 C. 11 as is contained in the Statute of Canterbury viz. 12 Ric. 2. Cap. 10. besides the Lords Assigned in this Parliament Records And that the Estreats of the said Iustices be doubled § 1. N. 2. and the one part delivered by the said Iustices to the Sheriff to Leavy the mony thereof rising and thereof to pay to the Iustices their Wages by the hand of Sheriff by Indenture betwixt them therereof to be made Sheriffs And that the Sheriffs have allowance in their account in the Exchequer § 1. N. 3. by the same Indenture Dignity And that no Duke Earl Baron or Baronet § 1. N. 4. albeit they be Assigned Iustices of the Peace and hold their Sessions with the other Eight shall take any wages for the said Office Justices And that the Iustices put their names in the same Estreats § 1. N. 5. together with the number of the days of their Session to the intent that the Sheriffs may know to whom to pay Wages and to whom not and the Barons of the Exchequer to whom to allow and to whom not Seals And that the Seals be made for the Servants § 1. N. 6. and delivered to the keeping of some good man of the Country after the Puport of the said Statute of Canterbury viz. 12 R. 2. Cap. 11. N. 4. Measures Which Statute viz. 12 R. 2. Cap. 10. § 1. N. 7. with the notification of the same made at the last Parliament viz. 13 R. 2. Cap. 7 and the Statute of Weights and Measures And all other good Statutes and Ordinances made heretofore and not repealed shall be holden and kept and put in due Execution Force Item It is Accorded and Assented that the Ordinances and Statutes 15 R. 2. C. 2. made and not repealed of them that make Entries with strong-hand into Lands and Tenements or other Possessions whatsoever and them hold with force and also of these that make Insurrections or great Ridings Riots Routs or Assemblies in Disturbance of the Peace or of the Common-Law or in affray of the People shall be holden and kept and fully executed 8 H. 6. Cap. 9. Proces Ioyned to the same that at all times § 1. N. 2. that such forcible entry shall be made and Complaint thereof cometh to the Iustices of Peace or to any of them that the same Iustices or Iustice take sufficient Power of the County and also the Place where such force is made 13. H. 4. Cap. 7. 8 H. 6. Cap. 9. N. 2. § 1. N. 3 And if they find any that hold such Place forcibly after such entry made Imprisonment they shall be taken and put in the next Gaol there to abide Convict by the record of the same Iustices or Iustice until they have made Fine and Ransome to the King 18 H. 6. Cap. 9. § 1. N. 3. § 1. N. 4. And that all the People of the County as well the Sheriff as others Process shall be attendant upon the same Iustices to go and assist the same Iustices to Arrest such Offenders upon Pain of
and claiming also duty of their Tenants and Servants where none such duty is to go with them when such Assembly Riot or Rout shall be Riot And after the same divers of the said Servants and Persons oft times retreat and absent themselves by the agreement coviy § 1. N. 3. and counsel of the said Masters and of the said principal Rioters so that they may not be taken nor brought to answer to the Law as the Laws require Indictment And if any Indictments be had § 1. N. 4. it shall be made upon such Persons as so retreat and absent themselves and nothing founden against the said principal Rioters in deceit and fraud of the said good Statutes Acts and Ordinances thereof made to the great courage and boldness and comfort of the Evil Doers most Danger Ieopardy and Peril of your said well disposed Subjects and to the worst example that thereby may ensue if hasty remedy therein be not provided Riot It may therefore please your Highness of your most loving disoosition § 1. N. 5. that you bear and owe to the Common-weal of this your Land and to the great Surety of your Subjects of the same by the advice of the Lords Spiritual and Temporal and the Commons in this present Parliament assembled and by authority of the same to Do Ordain Enact and Establish that whatsoever Person or Persons within the Realm of what Estate Degree or Condition he be that hereafter unlawfully raise Assemblies or lead your People within this your Realm without your Commandment or Authority of your Laws and commit any Riot that then if the Party greived or any other Person in the Kings behalf complain to the Iustices of the Peace within the County where such Riot is done or to any of them having authority to inquire of the same where such Riot or unlawful Assembly shall be made by Bill containing the Riot and the circumstance of the same and of what Town Shire Mystery or Condition every of the Persons against whom the same Complaint be made is dwelling or else if the said Roiters be Indicted thereof then thereupon the said Iustices and every of them have authority and power in the next general Sessions of the Peace within the same County to be holden after the Complaint so to them made or Indictment thereof had afore the same Iustices to do make Proclamation that the said Master or Masters Principal or Principals Leader or Leaders that unlawfully cause the said People to gather or rise that they appear Personally at the next general Sessions of the Peace after the said Proclamation so made § 1. N. 6. And every other Person or Persons Accessory that were present and attendant upon him or them by his or their commandment procuring or assent contained in the said Proclamation at the said Riot Rout and Assembly and every of them personally to appear at the said next Sessions of Peace next after the said Proclamation to be holden within the said County § 1. N. 7. At which day if the said Master or Masters War Principal or Principals Leader or Leaders or any other of the foresaid Offenders appear then he or they to be put to answer thereunto if it seem to the said Iustices reasonable and to be put to sufficient Bail by Recognizance before the said Iustices to appear personally from Sessions to Sessions unto the time the Complaint be discussed § 1. N. 8. And if he or they refuse so to do then he or they be committed to ward Imprisonment there to remain till they will § 1. N. 9. And if any of the Persons against whom such Complaint or Indictment is had or made dwell in any other County Process than in the same County where such Riot and Assembly is made that then the Iustices to or afore whom the same Complaint or Indictment is had or made do send a Transcript of the same Complaint or Indictments to some Iustices of the Peace in the County where such Person is dwelling desiring him to cause Proclamation to be made in the next general Sessions of the Peace in that County to be holden that the same Person or Persons appear at the next Sessions of the Peace in the Shire where the said Riot is done next after the same Proclamation to be holden § 1. N. 10. And if the same Person or Persons dwelling in a forreign Shire appear Leiu then like order to be had for he or them so appearing as is afore specified for and to them that been dwelling in the said Shire whereby the said Riot is supposed to be done § 1. N. 11. And if the same Person or Persons Notice or any of them against whom such Proclamation is made in the County where the said Riot is supposed to be done and they be dwelling at the time of the same Proclamation making in the same County make default and appear not at the said general Sessions to him or them limited in the large Proclamation and oft soones after that make default and appear not at the next general Sessions after that so that like Proclamation be made as is aforesaid and if any of the said Rioters against whom Proclamation is made in a foreign Shire where they be dwelling make default at the day and place in the said Proclamation to them limited then he or they in whether of the said Shires they dwell that so make default to stand and be adjudged and convict upon the same defaults of the said Riot and unlawful Assembly as if he or they were thereof convict by the due Order of the Law without he or they can make such lawful Excuse as the said Iustices shall think reasonable by their discretion § 1. N. 12. And thereupon such process to be awarded Process as is accustomed upon Condemnations of Trespass in your Common Bench at the Suit of the Party § 1. N. 13. And that the said Iustices of Peace have authority to hear and determine the rehearsed causes Justices as well upon Bill before them as by Indictments and upon the same Bill or Indictments to proceed and determine the same by Inquest according to the course of the Common Laws and the Party thereby and thereupon to stand convict as perfectly as if they were thereupon convict by due process of the Law War And if the said Master or Masters Principal or Principals § 1. N. 14 Leader or Leaders or any other afore rehearsed Offenders be convict upon the premises then he or they be committed to prison there to remain and abide without Bail or Mainprize by such time and space as shall be thought reasonable by the discretion of the said Iustices and then e're he or they depart out of their prison to pay their Fine sessed after the descretion of the said Iustices his or their behaviour and Offences considered Peace And that it
according to the Tenor and Effect of this Act. Coron And that Iustices of Peace shall have Power and Authority within the limits of their Commissions and Iurisdiction 25 H. 8. C. 6. § 1. N. 5. to hear and determine the said Offence viz. of Buggery with Mankind or Beast as they do use to do in Cases of other Felonies Fowle And be it Enacted C. 11. § 3. N. ◠c. that all Iustices of the Peace within the limits of their Commissions shall have Power and Authority to inquire hear and determine the Offences aforesaid viz. taking Wild-fowle with Nets between the last of May and the last of August or their Eggs c. like as they commonly use to do in Cases of Tresspass Cattel And it is further Enacted C. 13. § 5. N. 1. that the Iustices of Peace of every Shire shall have Power and Authority to inquire of the Offenders of this Act viz. keeping above two thousand Sheep as well by the Oaths of twelve men as by Information of any of the Kings Subjects and to make such like Process upon every Presentment or Information concerning this Act as they use commonly to do upon Presentments before them of Trespass Bayl. Or else in their viz. the Ordinary's default if they refuse C. 14. § 8. N. 2. c. viz. to Bail an Heretick then by discretion of two Iustices of Peace of that Shire where such persons so accused or presented shall inhabit by four sufficient Sureties to be bounden to the Kings use by Obligation or Recognizance to appear before the Ordinaries at such days c. as shall be limited in the said Bonds c. Sewers And that the Kings Iustices of Peace within every of the said Counties of Glocester and Sommerset at their Quarter Sessions 26 H. 8. 5. § 2. N. 1. shall have full Power and Authority to call before them all such persons which hereafter shall keep any of the said Passages or any other Ferry or Passage over the said Water viz. the Severn into Wales or the said Forest viz. of Dean or out of Wales or the said Forest into England and to bind them with sufficient Sureties with them in Recognizance in such sums of mony as it shall seem to the discretion of the said Iustices of Peace that they and every of them being Passengers and Keepers of Ferries and Passages as is aforesaid from henceforth shall not after the said times before limited and appointed viz. beeween Sun setting and Sun-rising convey or carry or cause to be conveyed or carried any manner of person or persons or any kind of Cattel but such persons as they do know and will answer for and know where their Abidings Dwellings and Habitations be and upon request made to them or any of them as is aforesaid shall from time to time disclose as well the same person or persons as the Goods and Cattels so passing the said Passages upon fresh suit made or hereafter to be made upon any Felony Murder or Robbery committed and done in the Borders of the Counties aforesaid or in any other place within this Realm or South-Wales Behavior Be it therefore Enacted 26 H 8. C. 12. § 4. N. 1. c. that every such person and persons within such Orders of Sub-Deacon or above being convict of any pety Treason or of any Murder of Malice prepensed or of any the said Felonies above rehearsed viz. 23 H. 8. 1. § 4. N. 2. or of any accessary to pety Treason c. before any Lord Marcher Steward Lieutenant Deputy or other Iustice or Officer within Wales or within any other place City Town Honour Lordship or Mannor within the Kings Dominion where no Iustices of the Peace and of the Quorum be and thereupon the same Convict admitted unto his Clergy that the same person or persons so being within such holy Orders and Convict c. and delivered unto the Ordinary as Clerk Convict for the same shall or may find two Sureties by Recognizance for his good abearing before two of the Kings Iustices of Peace whereof one to be of the Quorum in the Shire where the said Convict is or shall be kept in the Ordinaries Prison if the same Prison be within the Shire-ground where Iustices of the Peace and of the Quorum be or else before two of the Kings Iustices of Peace whereof one to be of the Quorum in the next Shire adjoyning unto the same Prison 27 H. 8. C. 5. § 1. N. 2. For redress and amputation whereof viz. Of the Increase of Robberies Coron c. and to the intent that one Order of ministring his Laws should be had c. as in other places of this Realm of England c. It is Ordained c. That the Lord Chancellor of England or the Lord Keeper of the Great Seal for the time being from time to time and all times shall have full power and authority by his discretion to nominate and appoint Iustices of the Peace Iustices of the Quorum and Iustices of Goal delivery in the said Counties of Chester Flint Anglesey Caernarvan Pembroke and Glamorgan by Commission under the Kings Great Seal which shall have full power and authority to inquire hear and determin all manner of thing and things inquirable presentable or determinable before Iustices of Peace Iustices of Quorum and Iustices of Goal delivery in other Shires of the Realm of England by force or vertue of any Statute or Statutes made or to be made or by the course of the Common Laws of this Realm C. 16. § 1. N. 2. Or else viz. Bargain and Sale to be inrolled within the same County or Counties where the same Manors Lands Inrolment or Tenements so bargained and sold lie or be before the Custos Rotulorum and two Iustices of the Peace and the Clerk of the Peace of the same County or Counties or two of them at the least whereof the Clerk of the Peace to be one C. 20. § 1. N. 5. And in case the Ordinary of the Diocess or his Commissary Tyths or the Archdeacon or his Official or any other competent Iudge aforesaid viz. in Suit for Subtraction of Tythes for any contempt contumacy or disobedience or other misdemeanour of the party defendant make information and request to any of the Kings most honorable Council or to the Iustices of the Peace of the Shire where such Offender dwelleth to assist and aid the same Ordinary Commissary Arch-Deacon Official or Iudge to order or reform any such Person in any Cause before rehearsed that then he of the Kings said honorable Council or such two Iustices of the Peace whereof one to be of the Quorum to whom such Information or request shall be made shall have full power and authority by vertue of this Act to attach or cause to be attached the Person or Persons against whom the Information or request shall be
made 32 H. 8. cap. 7. § 4. N. 1. § 1. N. 6. And to commit the same Person or Persons to ward Imprisonment there to remain without Bail or Mainprise till that he or they shall have found sufficient Surety to be bound by Recognizance or otherwise before the Kings said Counsellor or Iustice of Peace or any other like Counsellor or Iustice of Peace to the use of our said Soveraign Lord the King to give due obedience to the Process Proceedings Decrees and Sentences of the Ecclesiastical Court of this Realm wherein such Suit or matter for the Premises shall depend or be § 1. N. 7 And that every of the Kings said Counsellors Justices or two Iustices of the Peace whereof the one to be of the Quorum as is aforesaid shall have full power and authority by vertue of this Act to take receive and record Recognizances and Obligations in any of the Causes above-written C. 24. § 2. N. 1. And be it also Enacted c. That no Person or Persons of what estate Deputy degree or condition soever they be c. shall have any power or authority to make any c. Iustices of Peace c. Lambert 25. § 2. N. 2. But that all such Officers and Ministers shall be made by Letters Patents under the Kings Great Seal Patents in the name and by the authority of the Kings Highness and his Heirs Kings of this Realm in all Shires Counties Counties Palatine and other places of this Realm Wales and the Marches of the same or in any other of his Dominions at their pleasure and wills in such manner and form as c. Iustices of the Peace c. commonly made in every Shire of this Realm any Grants Vsages Prescription Allowance Act or Acts of Parliament or aâ— other thing or things to the contrary thereof notwithstanding Indictment And that in every Writ and Indictment § 4. N. 1. that shall be made in any such County Palatine or Liberty c. whereby it shall be supposed any thing to be done against the Kings Peace shall be made and supposed to be done only against the Kings Peace his Heirs and Successors and not against the Peace of any other Person or Persons whatsoever they be any Act of Parliament Grant Custome Vsage or Allowance in Eyre before this time had granted or used to the contrary notwithstanding Franchise Provided alwayes that § 5. N. 1. c. Iustices of Peace to be made and assigned by the Kings Highness within the County Palatine of Lancaster shall be made and ordained by Commission under the Kings usual Seal of Lancaster in manner and form as hath been accustomed any thing in this Act to the contrary thereof notwithstanding Corporation Provided also that all Cities Boroughs § 6. N. 1. and Towns Corporate within this Realm which have liberty power and authority to have Iustices of Peace c. shall still have and enjoy their liberties and authorities in that behalf in such like manner as they have been accustomed without any alteration by occasion of this Act any thing in this Act or in any Article therein contained to the contrary thereof notwithstanding Justices And it is Enacted c. That all such Iustices to be made § 16. N. 1. as is afore rehearsed in this Act shall have authority and power to keep and hold their Sessions of Peace c. from time to time only within the same Liberties and Franchises and in such places and in none other places by reason and authority of that Commission and to do and execute all other things within the same in as ample and large manner as any other Iustices of Peace c. in any Shire within this Realm may do and have authority to do any Act Grant Vse Custome and Allowance heretofore had made or used or any Article in this present Act made to the contrary notwithstanding Franchise Provided alwayes That all and singular Iustices of the Peace § 17. N. 1. c. hereafter to be made named and appointed by the Kings Highness his Heirs and Successors within any Liberty where any such Iustice of Peace c. have been made by any person or persons by virtue or authority of any Letters Patents of the Gift or Grant of our Soveraign Lord the King or his most noble Progenitors Kings of this Realm or otherwise shall sit and keep their Sessions c. only in such place and places as the Iustices of the said Liberties lately have commonly used within the said Liberties Corporation And that no Person or Persons within the said Liberties § 17. N. 2. or any of them shall be hereafter in no wise compelled by authority of this Act to appear out of the said Liberties before any other Iustices c. of the Peace then before such Iustices as shall be named and assigned to sit and be by the Kings Highness his Heirs and Successors within the said Liberties in form aforesaid Cinque Ports Provided always and be it Enacted § 20. N. 1. that Thomas now Bishop of Ely and his Successors Bishops of Ely and their temporal Steward of the Isle of Ely for the time being and every of them shall from henceforth be Iustices of Peace within the said Isle and shall use and exercise all manner of things within the same Isle that appertain or belong to any Iustice of Peace within any County of this Realm of England to do exercise and use by virtue and authority that they be Iustices of Peace in as ample and large manner as any other Iustices of Peace in any County within this Realm have or might do exercise or use any thing or things in this Act contained to the contrary notwithstanding Eccles Persons Provided always and be it Enacted § 21. N. 1. that Cuthbert now Bishop of Durham and his Successors Bishops of Durham and their temporal Chancellor of the County Palatine of Durham for the time being and every of them shall from henceforth be Iustices of the Peace within the said County Palatine of Durham and shall exercise and use all manner of things within the same County Palatine that appertaineth or belongeth to any Iustice of Peace within any County of this Realm of England to do exercise and use by virtue and authority that they be Iustices of Peace in as â—â—â—â—ple and large manner as any other Iustices of Peace in any County within this Realm have or might do exercise or use any thing or things in this Act contained to the contrary notwithstanding § 22. N. 1. Provided alwayes and be it Enacted Justices That Edward now Arch-Bishop of York and his Successors Arch-Bishops of York and their temporal Chancellor of the Shire and Liberty of Hexam otherwise called Hextoldsham for the time being and every of them shall from henceforth be Iustices of Peace within the said Shire
in such behalf shall and may at all times hereafter assesse tax extract return levy claim have and enjoy all manner such Issues Fines Amerciaments Forfeitures and other penalties and every of them to all such uses and purposes and in like manner and form in every behalf as they or any of them have lawfully used to do and have or might have done and had at any time before the making of this present Act by vertue of any Grant to them or any of them heretofore made or granted or otherwise by vertue of any Custom or lawful Vsage thereof heretofore used in every behalf this Act or any therein contained to the contrary notwithstanding § 21. N. 1. 34 35 H. 8. C. 1. § 3. N. 4. This Act to continue to the latter end of the next Parliament Days And Viz. if any Printer c. or any Person Books c. be of any the Offences aforesaid viz. printing uttering or using Books or Religion in Interludes Prohibited c. Convicted by sufficient Witness before any two of the Kings Council or the Ordinary of the Diocess where any such offence shall be committed and two Iustices of the Peace of the same Shire where any such Ordinary shall sit within his Diocess for that purpose c. § 3. N. 5. Shall have for the first time Imprisonment Forfeiture c. for three months and also lose c. 10 l. c. § 19. N. 1. And be it further Enacted That if any Spiritual Person c. Preach Religion Teach Defend and Maintain any Matter c. Contrary to the godly Instructions or determinations which since viz. 1540. is or shall be set forth by his Majesty c. being thereof convicted before the Ordinary of that Diocess within the which the said offence shall be committed and two Iustices of the Peace c. shall before the first time be admitted to recant c. § 25. N. 2. And in case any such Iustices being so required Justices c. viz. by the Ordinary on notice of time and place of sitting c. having convenient and reasonable warning and knowledge in writing from the said Ordinary c. do not come to such place and at such time as shall be so appointed having no lawful and just Impediment to the contrary shall forfeit and lose to the Kings Highness for every such Offence 40 s. to be Estreated c. C. 3. § 1. N. 11. And the said Offender viz. in false measure of Coals Talwood Measures Faggots or Billets c. out of the said City Borough or Town to be punished by the discretion of two Iustices of Peace inhabiting within the Shire where the Offence shall be committed or done C. 14. § 2. N. 1. In Consideration whereof Records Viz. of the Incertainty where to have Records of Justices of Peace Goal-delivery Oyer and Terminer c. Be it Enacted c. that the Clerk of the Crown Clerks of Peace and Clerks of Assize c. where any such Attainder Outlary or Conviction viz. of Murder Robbery or other Felony c. shall so be had shall c. not only certify a Transcript c. before the King c. in his Bench at Westminster in the County of Midlesex there to remain of Record forever c. but also shall deliver a Transcript of every such Indictment whereupon the said person c shall fortune hereafter so to be convicted or Clerks attainted to the Ordinary to whom the body of the said person c. shall be committed § 4. N. 1. And be it Enacted Certificate c. that the said Clerk of the Crown in the Kings Bench c. shall at all such times as the Iustices of Goal-delivery or Iustices of Peace in every County within this Realm of England do write unto him for the names of such persons which be so attainted by Outlawry or Clerks attainted or convict and certified in the said Bench of our said Soveraign Lord the King shall incontinently without delay certify the said Names and Sirnames of the said persons with the Causes why and wherefore they were convict or attainted unto the Iustices of Goal-delivery or Iustices of Peace upon the pain c. to forfeit for every Name of such persons which shall be so written for and not certified by the said Clerk of the Crown in the Kings Bench to the said Iustices forty shillings 35 H. 8. Cap. 5. § 1. N. 6 Or viz. none to be arraigned for Offence against 31 H 8. Cap. 14. § 9. Religion N. 2. c. but on Presentment c. before the Iustices of Peace sitting in their Sessions or three of them at the least C. 17. § 7. N. 2. And if the Lord viz. that would inclose Wood of Common Woods c. and the said Tenants and Inhabitants or the most part of them cannot will not or do not assent consent and agree for and upon the severing dividing setting out meeting and bounding of the said fourth part of the said Woods and Vnder-woods Viz. to be left out c. or of as much thereof as shall amount to the full fourth part thereof that then two Iustices of the Peace not being of the Kin Allyance Council or Fee of or to the said Lord or Owner being thereto appointed by the more number of the Iustices of Peace of the Shire where the said Ground or Soyl lyeth in their open Quarter Sessions upon Request and Suit made unto them by the Lord or Owner or by his or their lawful Depuy or Deputies of the said Woods Vnder-woods Grounds or Soyl shall have full Power and Authority to call before them upon such Pains and Penalties as the said Iustices shall limit and appoint such twelve of the said Commons and Inhabitants nigh unto the same Woods or Vnder-woods as by the discretion of the said two Iustices shall be thought meet and convenient Common And upon or after the appearante of the same Lords Owners § 7. N. 3. Commons and Inhabitants or the most part of them the same Iustices shall open and declare unto the same Lord Owner Commons and Inhabitants the Cause of their Assembly and Appearance and that done shall by the Advise and Assent of the said Lord Owner Commons and Inhabitants or their lawful Deputy or Deputies or the most part of them effectually proceed to the severing dividing meeting and bounding of the said fourth part of the said Woods and Vnder-Woods or of so much thereof as shall amount to the fourth part thereof Justices And if the same Iustices Owners § 7. N. 4. Commons and Inhabitants or the most part of them cannot or will not agree upon the Division c. that then the said Iustices shall have full Power and Authority by this Act to sever divide and set out by meets and bounds the fourth part of the said Woods and Vnder-woods or so
in about the Execution of this Statute it is further Ordained c. that every Iustice of Peace c. for every day that he shall sit in and about the Execution of this Estatute shall have allowed unto him five shillings to be allowed and paid unto him c. of the Fines and Forfeitures of the Pains and Penalties that should be forfeited and due c. by force of this Estatute in such manner c. as the said Iustices have been heretofore commonly paid for their coming and charges at the Quarter Sessions so that the sitting of the said Iustices c. be not at any one time above three days and for the matters contained in this Estatute § 39. N. 2. And that the said Iustices or two of them Justices whereof one to be of the Quorum shall have full Power and Authority to hear and determine all and every Offence and Offences that shall be committed or done against this Statute or against any Branch thereof as well upon Indictment to be taken before them in the Sessions of the Peace as upon Information of Debt or Bill of Complaint to be sued or exhibited by any person § 39. N. 2. And shall and may by vertue hereof Process make Process against the Defendant and award Execution as in other Case they lawfully may by any the Laws and Statutes of this Realm § 39. N. 3. And shall yearly at Michaelmas Term certify by Estreat Certificate the Fines and Forfeitures of every the Offences contained in this Estatute that shall be found before them into the Court of Exchequer in like sort and form as they be bound to certify the Estreats for other Offences and Forfeitures to be lost before them c. § 47. N. 1. And be it further Enacted c. that if any Servant or Apprentice c Apprentice unlawfully depart or flee into any other Shire that it shall be lawful to the said Iustices of Peace c. for the time being Iustices of the Peace there to make and grant Writs of Capias so many and such as shall be needful to be directed to the Sheriffs of the Counties or to other Head-Officers of the Places whether such Servants or Apprentices shall so depart or flee to take their Bodies returnable before them at what time shall please them so that if they come by such Process that they be put in Prison till they shall find sufficient Surety well and honestly to serve their Masters Mistresses or Dames from whom they so departed or fled according to the Order of the Law C. 5. § 30. N. 3. And for all and singular such other of the Offences before mentioned viz. of Transporting or Buying Fish on the Sea purveyance Fish c. as shall be done in the Land or within any Haven or Peer all Iustices of Peace in their Sessions and Mayors Sheriffs and Bailiffs and other Head-Officers in Cities and Towns-Corporate in their Sessions or other Courts within the limits of their Commissions or Authorities shall have full Power and Authority to inquire of the Offenders of this Act viz. of Increase of the Navy as well by the Oaths of twelve men as otherwise by Information and thereupon to hear and determine the same § 31. N. 1. And if any person shall be presented Process c. within the limits of their Authorities or any Information given to them of any Offender of this Act that then they shall have full Power and Authority upon any such Presentment or Information to make Process against the Offenders of this Act like as is commonly used upon Indictment of Trespass § 33. N. 1. And all such Forfeitures as according to the Tenor of this Act shall be determinable before the Iustices of the Peace Forfeiture shall be to the use of the Queens Majesty her Heirs and Successors § 43. N. 1. Provided always and be it further Enacted Admiral that no Fisher-man using or haunting the Sea shall be taken by the Queens Majesties Commission to serve her Highness as a Mariner upon the Sea but that the said Commission be first brought by her Highnesses Taker or Takers to two Iustices of Peace next inhabiting to the said Sea-Coasts Towns or other Places where the said Mariners are so to be taken to the intent the siad Iustices may chuse out and cause to be returned such sufficient number of able men as in the said Commission shall be contained to serve her Majesty as is aforesaid C. 9. § 9. N. 1. And be it also Enacted Oath c. that as well the Iudge and Iudges of every of the said Courts where any such Suit viz. for Perjury or Subornation c. is or shall be and whereupon any such Perjury is or shall happen to be committed as also the Iustices of Assizes and Goal-delivery in their several Circuits and the Iustices of the Peace in every County within this Realm or in Wales at their Quarter Sessions both within the Liberties and without shall have full Power and Authority by vertue hereof to inquire of all and every the Defaults and Offences perpetrated commited or done contrary to this Act by Inquisition Presentment Bill or Information before them exhibited or otherwise lawfully to hear and determine the same and thereupon to give Iudgment award Process and Execution of the same according to the Course of the Laws of this Realm Licence In Consideration whereof C. 12. § 4 N. 1. viz. of the Decay of Husbandry and high Prices by too great number c. be it Enacted c. that no Drover of Cattle Badger Lader Kidder Carrier Buyer or Transporter of Corn or Grain Butter and Cheese be c. licenced admitted assigned or allowed to those Offices or Doings or to any of them but only in the general and open quarter Sessions of the Peace to be holden in the Shire where such person c. shall dwell and hath or shall have dwelled there by the space of three years next before the Test of his said Licence 5 6 Ed. 6. Cap. 14. § N. Justices Which said Licences and every of them § 5. N. 1. shall bear date of the Day and Place where the said Sessions shall be holden and shall be signed and sealed with the proper Hands and Seals of three of the said Iustices of the Peace being present at the saâ—â—e Sessions at the least whereof one to be of the Quorum Process Be it also Enacted § 8. N. 1. c. that the Iustices of Peace in every County within this Realm or Wales at the quarter Sessions shall have full Power and Authority by vertue of this Act to inquire hear and determine all and every the Defaults and Offences perpetrated committed or done contrary to this Act within the County where any such Sessions shall be kept by Inquisition Presentment Bill or Information before them exhibited and
or Tything-man of the same County Hundred Parish or Tything where such person shall be taken c. be stripped naked from the Middle upwards and shall be openly whipped until his or their Body be bloody § 4. N. 1. Provided always and be it Enacted Imprisonment if any of the said Rogues shall appear to be dangerous to the Inferior sort of People where they shall be taken or otherwise be such as will not be reformed of their Roguish kind of Life by the former Provisions of this Act that in every such Case it shall and may be lawful to the said Iustices of the limit where any such Rogue shall be taken or any two of them whereof one to be of the Quorum to commit that Rogue to the House of Correction or otherwise to the Goal of the County there to remain until the next Quarter Sessions to be holden in that County § 8. N. 1. Provided always Franchise that the Iustices of Peace within any County of this Realm or Wales shall not intromit or enter into any City Borough or Town-Corporate where be any Iustice or Iustices of the Peace for any such City Borough or Town-Corporate for the Execution of any Branch c. of this Act for or concerning any Offence Matter or Cause growing or rising within the Precincts Liberties or Iurisdiction of such City Borough or Town-Corporate 39 Eliz. Cap. 3. § 6. N. 1. 43 Eliz. Cap. 2. § 9. N. 1. § 12. N. 1. And be it also further Enacted Justices c. that any two or more Iustices of the Peace within all the said several Shires Cities Boroughs or Towns-Corporate whereof one to be of the Quorum shall have full Power by the Authority of this present Act to hear and determine all Causes that shall come in question by reason of this Act. C. 11. § 2. N. 2. And if upon the same Examination they viz. any Justice of Peace shall find any person Drapery c. to have used or caused to be used in the dying or colouring of any Cloth Wool Yarn Grograin Buffins or Silk or any thing made of Woolen-Yarn or Silk any Logwood alias Block-wood or now or heretofore reputed and taken for Log-wood alias Block-wood then the said Iustices or Iustice Mayor Bailiffs or other Head-Officer being a Iustice of Peace shall not only bind with Surety all such c. whom they shall find so suspected to have offended and such others as may discover the same Offence to the next Quarter Sessions or Goal-delivery which shall happen to be holden for that County City or Town-Corporate but also to certify all such Examinations and Depositions as tend to the finding out or discovery of the said Offences at the Goal-delivery or Quarter Sessions C. 12. § 1. N. 9. viz. that 5 Eliz. Cap. 4. § 15 hath not been duely executed Apprentice c. by reason of Ambiguity and Question have risen and been made whether the raising of all manner of Artificers Work-men and Workwomen his or their Wages other than such as by some Statute and Law have been rated or else such as did work about Husbandry forasmuch as the said Law hath been found beneficial for the Common-wealth 1. Jac. Cap. 6. § 2. N. 2. § 2. N. 1. Be it Enacted that the said Statute viz. 5 Eliz. Cap. 4. § 15. N. 3. 4. Fees and the Authority by the same Statute given to any person or persons for assessing and rating of Wages and the Authority to them in the said Act committed shall be expounded and construed and shall by force of this Act give Authority to all persons having any such Authority to rate wages of any Laborers Weavers Spinsters and Work-men or Work-women whatsoever either working by the Day Week Month Year or taking any Work at any person or persons hand whatsoever to be done 1 Jac. Cap. 6. § 3. N. 1. And whereas in divers Shires within this Realm § 2. N. 2. the Iustices of Peace have not usually kept their general Sessions in one Place of the Shire together but the general Sessions have been kept in several Places for several Divisions by reason whereof the most part of the Iustices of the Peace coming not together nor rating of wages could well be made in the said Shire where such general Sessions have been used 1 Jac. Cap. 6. § 4. N. 1. Justices Be it Enacted c. that the most Iustices of Peace § 2. N. 3. or the more part of them resiant in such Division in any Shire within this Realm where such Sessions have been usually severally kept shall at the same Sessions or at such time of rating of wages as is limited by the said Act c. viz. 5 Eliz. Cap. 4. § 15. N. 6. have as full Authority and Power to rate all manner of wages to be rated within the limits of such Division in any such Shire as if the same were done in the general Sessions for the said County or by the most part of the Iustices meeting for the rating of wages by the said Act 1 Jac. Cap. 6. § 5. N. 1. Certificate And be it further Enacted that no person § 3. N. 1. c. shall incur any Danger or Penalty for not making Certificate into the c. Chancery of any rates of wages appointed to be Certified by the said Act viz. 5 Eliz. Cap. 4. § 15. N. 6. 1 Jac. Cap. 6. § 8. N. 1. Fees But the said Rates ingrossed in Parchment and sealed c. shall § 3. N. 2. if the same be in any Shire be kept by the Custos Rotulorum of the said County amongst the Records in his Custody for the said Shire and in any City or Town-Corporate amongst the Records of the said City or Town Corporate 1 Jac. Cap. 6. § 8. N. 2. Corn. Whereas greater quantity of Mault is daily made than either in time past was or is now needful Be it Enacted c. that from time to time Cap. 16. and at all times hereafter it shall and may be lawful for the Iustices of Peace within this Realm in their open Quarter Sessions to suppress discharge or restrain the superfluous and unnecessary number of Malsters in part or in whole and also to restrain such c. as to their Discretions shall seem meet from the buying of Barly to convert into Mault in part or in all for such time c. as to their discretions shall seem meet Poor And be it further Enacted C. 17. § 4. N. 1. that it shall be lawful for the Iustices of Assizes Iustices of Goal-delivery and the Iustices of Peace of every County and all Iustices of Peace in Towns-Corporate having Authority to hear and determine Felonies to hear and determine all such Offences viz. of wandring idle Souldiers and Mariners hereby made Felony without Clergy in their General Sessions Mettle The same viz. three
Statute shall be indicted tryed and proceeded against by and before the Iustices of Assize and Goal-delivery of that County for the time being or before the Iustices of the Court of Kings Bench c. § 27. N. 1. And be it further Enacted that if any Subject of this Realm Religion c. shall not resort or repair every Sunday to some Church Chappel or some other usual Place appointed for Common-Prayer and there hear Divine Service according to the Statute c. viz. 1 Eliz. Cap. 2. § 14. N. 1. that then it shall and may be lawful to and for any one Iustice of Peace of that Limit Division and Liberty wherein the said Party shall dwell upon proof unto him made of such Default by Confession of the Party or Oath of Witnesses to call the Party before him § 27. N. 2. And if he or she shall not make a sufficient Excuse and due proof thereof to the satisfaction of the said Iustice of Peace Proof that it shall be lawful for the said Iustice of Peace to give Warrant to the said Church-warden of the said Parish wherein the Party shall dwell under his Hand and Seal to levy 12 d. for every such Default by distress and sale of the Goods of every such Offender c. § 27. N. 3. And that in default of such distress Justices it shall and may be lawful for the said Iustice of Peace to commit every such Offender to some Prison within the said Shire Division Limit or Liberty wherein such Offender shall be inhabiting until payment be made of the said sum or sums so to be forfeited § 36. N. 2. And all Offences other than Treason shall be inquired Offence heard and determined before the Iustices of Peace in their general or Quarter Sessions to be holden within the Shire Division Limit or Liberty wherein such Offence shall happen C 〈…〉 § 1. N. 5. And such person so discovering the same viz. any Recusant Pope or other which shall entertain or relieve any Jesuit Seminary Popish Priest or any Mass to any Justice of Peace after Conviction of the Offender shall have a Certificate from the Iudges or Iustices of Peace before whom such Conviction shall happen to be directed to the Sheriff or other Officer of the same County Limit or Place that shall seise the Goods or levy the said Forfeiture commanding the said Sheriff or other Officer to pay the same viz. Fifty Pounds to him that so discovered the same out of the monies to be levyed by vertue of the said Forfeitures c. Licence And if any of the persons which are so confined viz. Popish Recusants c. shall have necessary occasion or business to go and travail out of the compass of the said five Miles that then and in every such Case § 7. N 2. upon Licence in Writing in that behalf to be gotten under the Hands and Seals of four of the Iustices of Peace of the sane County Limit Division or Place next adjoyning to the Place of abode of such Recusant with the Privity and Assent in Writing of the Bishop of the Diocess or of the Lieutenant or of any Deputy Lieutenant of the same County residing within the said County or Liberty under their Hands and Seals Oath It shall and may thereupon be lawful for every such person so licenced § 7. N. 4. to go and travail about such their necessary business and for such time only for their travailing attending and returning as shall be comprized in the said Licence the said Party so licenced first taking his Corporal Oath before the said four Iustices of Peace or any of them who shall have Authority by vertue of this Act to punish the same that he hath truly informed them of the cause of his Iourny and that he shall not make any causeless stays Ouster le mere Be it further Enacted § 17. N. 2. c. that if any of the said persons viz. Popish Recusants no Merchants Factors Apprentices Souldiers nor Mariners so gone beyond the Seas without Licence which are not yet returned shall not within six Months next after their return into this Realm then being of the Age of eighteen years or more take the Oath c. viz. of Allegiance before some Iustice of Peace of the County Liberty or Limit where such person shall inhabit or remain that then every such Offender shall take no Benefit by any Gift Conveyance Discent Devise or otherwise of or to any Lands Tenements Hereditaments Goods or Chattels until he or they being of the said Age of eighteen years or above take the said Oath Justices And that it shall be lawful for any two Iustices of Peace within the Limits of their Iurisdiction or Authority and to all Mayors § 26. N. 1. Bailiffs and chief Officers of Cities and Towns-Corporate in their Liberties from time to time to search the Houses and Lodgings of every Popish Recusant convict or of every person whose Wife is or shall be a Popish Recusant convict for Popish Books and Reliques of Popery Pope And that if any Altar Pix Beads § 26. N. 2. Pictures or such like Popish Reliques or any Popish Book or Books shall be found in their or any of their Custody as in the Opinion of the said Iustices Mayor Bailiffs or Chief-Officer as aforesaid shall be thought unmeet for such Recusant as aforesaid to have or use the same shall be presently defaced and burnt if it be meet to be burned Religion And if it be a Crucifix or other Relique of any Price § 26. N. 3. the same to be defaced at the general Quarter Sessions of the Peace in the County where the same shall be found and the same so defaced to be restored to the Owner again War And be it also Enacted c. that all such Armor § 27. N. 1. Gun-powder and Munition of whatsoever kinds as any Popish Recusant convict within this Realm of England hath or shall have in his house c. or elsewhere or in the Hands or Possession of any other at his or their disposition shall be taken from such Popish Recusant by Warrant of four Iustices of Peace at their general or Quarter Sessions to be holden in the same County where such Popish Recusant shall be resident other than such necessary Weapons as shall be thought fit by the said four Iustices of Peace to remain and be allowed for the defence of the person or persons of such Recusant or for the defence of his her or their house or houses Justices And that the said Armor and Munition so taken § 27. N. 2. shall be kept and maintained at the Costs of such Recusants in such places as the said four Iustices of Peace at their said Sessions of Peace shall set down and appoint § 28. N. 1. And be it further enacted c. that if any such
shall be troublesome unto the Country by going abroad or otherwise shall escape away from the said house of Correction before they shall be from thence lawfully delivered that then the said Iustices shall set down such Fines and Penalties upon the said Master and Governors as the most part of them in their Quarter Sessions shall think fit and convenient C. 6. § 6. N. 1. All and every Temporal Iudge Iustices of Peace Oath and every other person c. that doth or shall receive any Fee of your Highness your Heirs and Successors viz. shall take the Oath of Allegiance before the Lord Chancellor c. Lord Treasurer Lord Admiral Lord Warden of the five Ports for the time being or one of them or before one of the Chief Iustices c. or before the Iustices of Assize of the same County where the Parties reside or other such persons as the Lord Chancellor c. shall thereunto Authorize § 26. N. 2. And viz. it shall be lawful to and for any two Iustices of Peace within any County City or Town-Corporate whereof one to be of the Quorum Justices to require any person or persons of the Age of eighteen years or above under the degree of a Baron or Baroness to take the said Oath § 26. N. 4. And if any person or persons whatsoever of and above the said Age Pope and under the said Degree c. shall stand and be presented indicted or convicted for not coming to Church or receiving the Holy Communion c. according to the Laws and Statutes of this Realm before the Ordinary or any other having lawful Power to take such Presentment or Indictment or if the Minister Pety-Constable and Church-Wardens or any two of them shall at any time hereafter complain to any Iustice of Peace near adjoyning to the Place where any person complained of shall dwell and the said Iustice shall find cause of Suspition that then any one Iustice of Peace within whose Commission or Power such person shall at any time hereafter be or to whom Complaint shall be made as aforesaid shall upon notice thereof require such person or persons to take the said Oath Imprisonment And that if any person or persons being of the Age of eighteen years or above § 26. N. 5. shall refuse to take the said Oath duly tendered to him or her according to the true intent and meaning of this Statute that then the persons authorized by this Law to give the said Oath shall and may commit the said Offender to the Common Goal there to remain without Bail or Mainprize until the next Assizes or general Quarter Sessions to be holden for the said Shire Division Limit or Liberty where the said Oath shall be again in the said open Sessions required of such person by the said Iustices of Assize or Iustices of the Peace then and there present or the greater number of them Oath And if the said person § 26. N. 6. c. shall refuse to take the Oath being tendered to him or her by the said Iustices of Assize and Goal-delivery in their own Assizes or Goal-delivery or the Iustices of Peace or the greater part of them in their general or Quarter Sessions every person so refusing shall incur the Danger and Penalty of Premunire mentioned in a Statute c. viz. 16 Rich. 2. Cap. 5. § 2. N. 6. except Women Covert who shall be committed only to Prison there to remain without Bail or Mainprize till they will take the said Oath Drapery For the preventing and reformation c. viz. of Deceits C. 7. § 2. N. 1. c. be it Enacted c. that all c. who shall unjustly falsely or deceitfully convey away imbezil purloyn sell or detain any part of the Wool or Yarn delivered by any Clothier Maker of Bays Says or by any other person c. making such Cloths or Stuffs to any such Sorter Carder Kember Spinster or Weaver of Wool or Yarn that in every such Case and Cases as well the Sorter Carder Kember Spinster and Weaver so offending as the Buyer c. Receiver c. of the same knowing the same being thereof lawfully convicted by Confession of the Party c. so offending or by one sufficient Witness upon Oath before two or more of the Kings Majesties Iustices of the Peace of the same County or Liberty where the same Offence c. shall be committed or if it be within a Town-Corporate before the Mayor Bayliff or Chief-Officer and one more of the Aldermen or most substantial persons of the said Town Justices Who shall by force of this Act have full Power and Authority to minister the same Oath § 2. N. 2. and finally to hear and determine all and every the Offences aforesaid Damages Shall give and make to the Party c. grieved § 2. N. 3. such recompence and satisfaction for such their damage and loss as by the said Iustices or Chief-Officers shall be ordered and appointed Fowl For the preventing c. viz. of Destruction of Corn C. 11 § 2. N. 1. Partridge and Phesants c. be it Enacted c. that all c. which c. doth or shall hawk or destroy or kill any Phesant c. or Partridges with any kind of Hawk c. or Dogs by colour of hawking between the first day of July and the last day of August and the same Offence or Offences being proved by the Confession of the Party or by the Testimony of two sufficient Witnesses upon Oath before two or more Iustices of Peace of the said County City or Town-Corporate wherein the Offence shall be committed or the Party offending apprehended shall be by the said Iustices of the Peace for every such Offence committed to the Common-Goal of the said County City or Town-Corporate where the Offence shall be committed or the Parties apprehended Days Provided that no Offenders shall be impeached or punished by vertue of this Act § 4. N. 1. unless he or they be accused as delinquent before the said Iustices of Peace within six Months next after the said Offence c. committed or done Imprisonment Be it therefore further Enacted c. that all c. which c. shall take § 8. N. 1. kill or destroy any Phesant or Partridge with setting Dogs and Nets or otherwise with any manner of Nets Snares or Engines and the same Offence or Offences being proved by the Confession of the Party or by the Testimony of one sufficient Witness upon Oath before two or more Iustices of the Peace of the same County City or Town-Corporate wherein the Offence shall be committed or the Party offending apprehended shall be by the said Iustices of the Peace for every such Offence committed to the Common-Goal of the said County City or Town-Corporate where the said Offence shall be committed or the Party apprehended § 8.
And in Case of neglect or refusal of such Iustices of the Peace by the space of fourteen days next after complaint made and notice thereof given to the Offender then the Sub-Commissioners or the major part of them § 31. N. 4. appointed for any such City County Town or Place shall and are hereby impowered to hear and determine the same Error And if the Party find himself aggrieved by the Iudgement given by § 31. N. ◠the Sub-Commissioners he shall and may appeal to the Iustices of the Peace at the next Quarter Sessions who are hereby impowred and authorized to hear and determine the same whose Iudgement therein shall be final 12 Car. 2. Cap. 24. § 45. N. 5. § 31. N. 6. Which said Commissioners for Appeals and regulating of this Duty and the Chief-Commissioners for Exercise Process and all Iustices of Peace and Sub-Commissioners aforesaid respectively are hereby authorized and straitly enjoyned and required upon any Complaint or Information exhibited and brought of any such Forfeiture made or Offence committed contrary to this Act to summon the Party accused and upon his appearance or contempt to proceed to the Examination of the Matter of Fact and upon due proof made thereof either by the voluntary Confession of the Party or by the Oath of one or more credible Witnesses which Oath they or any two or more of them have hereby Power to administer to give Iudgement or Sentence according as in and by this Act is before ordained and directed and to award and issue all Warrants under their Hands for the levying of such Forfeitures Penalties and Fines as by this Act is imposed for any such offence committed upon the Goods and Chattels of the Offender and to cause sale to be made of the said Goods and Chattels if they shall not be redeemed within fourteen days rendring to the Party the overplus if any be and for want of sufficient Distress to imprison the Party offending till satisfaction be made 12 Car. 2. Cap. 24 § 45. N. 6. § 32. N. 1. Provided nevertheless that it shall and may be lawful to and for the said respective Iustices of Peace Justices Commissioners for Excise or any two of them from time to time where they shall see cause to mitigate compound or lessen such Forfeitue Penalty or Fine as in their discretions they shall think fit c. so as by such Mitigation the same be not less than double the value of the Duty of Excise which should or ought to have been paid besides the reasonable costs and charges of such Officer c. or others as were imployed therein to be to them allowed by the said Iustices any thing c. notwithstanding 12 Car. 2. Cap. 24 § 46. N. 1. § 33. N. 1. And be it Enacted c. that no person Oaths c. shall be capable of intermedling with any Office or Imployment relating to the Excise until he or they shall before two or more Iustices of Peace in the County where his or their Imployment shall be c. take the Oaths of Allegiance and Supremacy which Oaths they have hereby Power to administer together with this Oath following c. 12 Car. 2. Cap. 24. § 47. N. 1. § 34. N. 1. And it is further Enacted c. that every such Iustice of Peace shall certifie the taking of such oath to the next Quarter Sessions Certificate there to be recorded 12 Car. 2. Cap. 24. § 48. N. 1. § 36. N. 1. Provided also and be it Enacted that no Writ or Writs of Certiorari shall supersede Execution or other Proceedings upon any Order Certiorari c. made by the said Iustices aforesaid in Pursuance of this Act but that Execution and other Proceedings shall and may be had and made thereupon any such Writ c. or allowance thereof notwithstanding 12. Car. 2. Cap. 24. § 50. N. 1. C. 24. § 14. N. 3. And if any c. shall make Provision or Purveyance for his Majesty Purveyance his Heirs or Successors or any the Queens or Children aforesaid or impress or take any such Carriages or other things aforesaid on any pretence or colour of any Warrant aforesaid under the Great Seal or otherwise contrary to the intent hereof it shall be lawful for the Iustices of Peace or such two or one of them as dwell neer and to the Constables of such Parish or Village where such occasion shall happen at the request of the Party grieved and they are hereby enjoyned to commit or cause to be committed the Party c. so doing or offending to Goal till the next Sessions there to be indicted and proceeded against for the same and that the Officers and Inhabitants of the Village or Parish where such offence shall happen shall be assistant therein 13 Car. 2. Cap. 8. § 2. N. 1. C. 34. § 2. N. 1. And it is hereby further Enacted that all Sheriffs Husbandry Iustices of the Peace Mayors Bailiffs Constables and every of them upon Information and Complaint made unto them or any of them by any of the Officers of the Customs or by any other person c. that there is any Tobacco set sown planted or growing within their Iurisdictions or Precincts contrary to this Act shall within ten days after such Information or Complaint cause to be burnt plucked up consumed or utterly destroyed all such Tobacco so set sown planted or growing Wages Provided also and be it Enacted c. that no person c. shall be capable of having using or exercising the Office of Port-Master General C. 35. § 1. 3 N. 1. or any other imployment relating to the said Office unless he or they shall first take the Oaths of Allegiance and Supremacy before any two Iustices of the Peace of the respective Counties wherein such person c. are or shall be resident which said Iustices are hereby Authorized to administer the said Oaths accordingly Peace Whereas it hath been found by sad Experience 13 Car. 2. C. 5. that tumultuous and other disorderly soliciting and procuring of Hands by private persons to Petitions Complaints Remonstrances and Declarations and other Addresses to the King or to both or either Houses of Parliament for alteration of matters established by Law redress of pretended Grievances in Church or State or other publick Concernments have been made use of to serve the ends of factious and seditious persons gotten into power to the violation of the publick Peace and have been a great means of the late unhappy Wars Confusions and Calamities in this Nation for preventing the like mischiefs for the future Process Be it Enacted by the Kings most excellent Majesty § 2. N. 1 c. that no person or persons whatsoever shall from and after the first of August one thousand six hundred sixty and one sollicite labour or procure the getting of Hands or other consent of
Act it shall and may be lawful for the respective Iustices of Peace of the said respective Counties or the major part of them at any General Sessions of the Peace to be holden for the said Counties respectively on the behalf of the said Counties or either of them from time to time as they shall sée occasion to make an Order in open Court of Sessions for charging according to their several proportions all and every the several Inhabitants of the said respective Counties for the safeguard and securing of the said several Counties and Inhabitants thereof from all injury violence spoil and rapine of the Moss-Troopers aforesaid Taxes Provided that the said County of Northumberland be not by force of this Act at any time charged above the Sum of Five hundred pounds in the year § 3. N. 1. nor the said County of Cumberland charged above the Sum of Two hundred pounds in the year Justices And for this end and purpose the said several Iustices of the Peace of the respective Counties aforesaid N 2. are hereby Impowered and Authorized at their General Quarter Sessions aforesaid to appoint and imploy from time to time if occasion require any person or persons to have the Conduct and Command of a certain Number of men not exceeding the number of Thirty men in the County of Northumberland and Twelve in the County of Cumberland whereby the Malefactors aforesaid may be searched out discovered persued apprehended and brought to tryal of the Law Justices And all and every the said Iustices of the Peace of the respective Counties aforesaid or the major part of them N. 3. at any General Sessions of the Peace to be holden for the said Counties or either of them respectively are hereby further Impowered and Authorized by force of this present Act to make and issue forth their respective Warrants under their Hands for the levying and collecting any Sum or Sums of Money ordered to be paid for and towards the safeguard and securing of the said Counties respectively as aforesaid and to give full power to the several Constables and other Officers to Raise Levy and Collect the said money and all and every the Inhabitants of the said several Counties according to their respective proportionable Estates in Lands or Goods by Distress and Sale of Goods rendring the overplus if there be any to the respective Owner or Owners Peace And the said Iustices of Peace in the said several Counties N. 4. or any one of them respectively are hereby also Authorized to Examine any complaint made against the Collectors and Constables or any other Officers or Ministers of Iustice whatsoever or any of them or any other refractory person or persons whatsoever that at any time hereafter shall neglect refufe or fail to give obedience to this Act or shall do any act or acts in disturbance or obstruction thereof and to bind over such person or persons to the next Quarter-Sessions according to the known Laws of the Land to the end such person or persons may be procéeded withal according to Iustice § 4. N. 1. And the said respective Iustices of the Peace as aforesaid Account are hereby further impowered and authorized on behalf of the said several Counties respectively to appoint a Treasurer to receive from the said Collectors the Monies by them Collected and to pay over the same according to the Orders they shall receive from the said Iustices at their General Sessions of the Peace to be holden for the said respective Counties N. 2. And the said Iustices are also impowered to agree and article with such person or persons yearly as they shall think fit to Imploy in the said Service Justices and to take sufficient security of them for the faithful and most effectual performance thereof for the best safeguard advantage and benefit of the People according to the true intent and meaning of this Act. § 5. N. 1. And in case any person or persons shall in pursuance of this Act be imployed in the border Service and shall at any time hereafter wilfully and corruptly War or for any sinister respect whatsoever neglect or forbear to discover or apprehend or to bring to Tryal any of the said persons called Moss-Troopers as aforesaid and shall be Convicted thereof according to Law he or they shall from thenceforth be disabled and made uncapable for ever after to manage or take upon him or them the said Imployment and to suffer such Fine and Imprisonment according to the Quality of his or their Offence as the Iustices of Peace at their General Sessions shall think fit to inflict § 6. N. 1. Provided nevertheless and be it hereby declared Taxes that it shall be lawful for the Iustices of Peace of either of the said Counties as aforesaid respectively at any time hereafter to moderate or lessen the said Charge if they sée cause § 7. N. 1. Provided that this Act shall continue and be in force for Five years Dayes and no longer 18. Car. 2. 3. § 1. N. 2. § 8. N. 1. Provided alwayes and be it further Enacted Scotland c. That for better suppression and punishment of the said Moss-Troopers flying out of England into Scotland or out of Scotland into England the Statutes made in the several Sessions of Parliament in the Fourth and Seventh years of King James viz. 4 Jac. 1. 7 Jac. 1. shall be renewed and put in execution according to the true Intent C. 26 § 6. N. 4. All and every of which said Offences viz. want of weight and mark of Vessels and ill salting and packing of Butter are to be inquired of sued for Victual heard and determined in the Sessions of Peace for the County City Borough Town or Liberty or in the Court of Record of the City Borough Town or Liberty wherein such Offence shall be Committed by Action of Debt Indictment Information or Presentment wherein no Essoin Protection or wager of Law shall be allowed to the Defendant C. 28. § 5. N. 1. And be it further Enacted c. that if any Idle or Suspitious person Fish c. shall in the night assemble and flock together about the Boats Wells or Cellars belonging to any Pilchard Coast upon any the Coasts of Cornwal or Devon having no business there to do and being warned by the Company or Owner of such Boats or Cellars to be gone that then upon complaint made to any one Iustice of the Peace every such person or persons refusing so to do shall pay Five shillings to the Poor of the Parish where such Offence was committed or shall be set in the Stocks for the space of five hours C. 32. § 2. N. 1. For prevention of all which abuses Drapery and deceits viz. in broad Wollen Cloth It is Enacted c. that c. there be and shall be a Corporation to continue forever within
Artists viz. Gagers Measures c. shall be appointed c. which c. shall take an Oath which Oath any one Iustice hath hereby power to administer to take and compute the Iust Contents and Gage of all Coppers Fatts Tuns Backs and Corters and all other Brewing Vessels of that nature c. § 8. N. 1. And be it further Enacted that no Commissioner Farmer or sub-Commissioner for the Excise or Common Brewer of Ale or Beer to sell Justice or Inn-keeper whatsoever shall c. have power to act in or execute as a Iustice of Peace any of the Powers Clauses or things contained in any of the Laws made for and concerning the Excise or in this present Act and if any c. shall presume to act or Execute any thing contrary hereunto it is hereby further declared that all such things so acted or executed by any of them are and shall be utterly void and null to all intents and purposes §. 15. N. 1. And be it further Enacted c. that c. no Person or Persons shall be permitted to Sell of Retail any Coffée Chocolet Sherbet or Tea License without License first obtained and had by order of the General Sessions of the Peace in the several respective Counties Certificate being first shewed that they have given good Security for the due payment of their dues to the King or the Chief Magistrate of the Place in whose Iurisdiction he or they do or shall Inhabit or Dwell for the selling or retailing of the same § 16. N. 3. All and every of which said respective Offences viz. of Bribery of Gagers or other Officers of Excise shall be proved by the Oaths of two Lawful and Credible Witnesses before two Iustices of the Peace or chief Magistrate of the Place where such Offence shall be Committed Proof which said Iustices or Magistrates respectively have hereby power to administer the said Oaths and also to examine adjudge and determine the same and to cause such Penalties by Warrants under their Hands and Seals to be levied by Distress and Sale of the Offenders goods rendring to the Party the overplus and for want of such Distress to commit every such Offender to the Common Goal of such County or Place there to remain by the space of thrée months without Bail or Mainprise § 19. N. 1. Provided also and be it further Enacted Error c. That no appeal in any Cause of Excise whatsoever shall be admitted until the party appellant shall have first deposited and laid down the single duty of Excise in the Hands of the Commissioners Farmers or sub-Commissioners of Excise within whose Iurisdiction or Division the said Cause was originally heard and determined and have given Security to the Commissioners of the appeal or Iustice of Peace respectively where such Cause is to be finally adjudged for all such Fine Forfeiture and Penalty as upon such hearing and determination was adjudged against him N. 2. And that if upon the hearing and determining of any such appeal Costs the said original Iudgment shall happen to be reversed and made null then and in every such Case the said Commissioners Farmers or Sub-Commissioners of Excise in whose hands the said single duty of Excise was deposited shall restore and deliver back the same or as much thereof as shall be adjudged by the Commissioners of Appeals or Iustices of the Peace respectively to the said appellant and the Party originally prosecuted shall pay him the double Costs Lieu. Provided also and be it Enacted That all Differences § 22. N. 1. Appeals and Complaints that shall happen and arise betwéen party and party in order to the payment of the duty of Excise shall be heard and determined in the proper County or in the several Ridings and Divisions of York-shire and Lincoln-shire where they shall arise and not elsewhere Justices And be it further Enacted § 24. N. 1. c. That the Iustices of the Peace or any two or more of them or Chief Magistrates in the several Counties Cities Divisions and Places within England and Wales respectively shall meet once in every month in there respective Divisions or oftner if their shall be occasion to hear and determine and to adjudge all matters and offences against this or the aforesaid Acts viz. 12 Car. 2. Cap. 23. 24. Taxes Be it therefore Enacted C. 13. § 1. N. 2. c. viz. against obstructions of 13. 14. Car. 2. 10. That the Iustices of Peace of the respective Counties Corporations Places and Limits within their respective Iurisdictions at the next Sessions to be held after the Feast of St. Michael the Archangel next ensuing or the major part of them then present shall Issue out Warrants under their Hands and Seals to the respective High Constables or other like next Officer who shall Issue the like Warrants unto the petty Constables Headboroughs and Tythingmen requiring them on the next Sunday after Morning Service ended to give publick notice in the Church or Chappel Generally to all the Inhabitants and also to give notice publickly in the Church and particularly as aforesaid to every Inhabitant within their respective Precincts that shall then be occupier of any House Edifice Lodging or Chamber that within ten dayes next after such notice he give a true and just Account in writing under his Hand of all Hearths and Stoves in such respective House Edifice Lodging and Chamber to such respective Constable Headborough and Tythingman Certificate Which viz. the Account of Hearths taken and received by Petty Constable N. 5. Headborough and Tythingman being so received by such respective High Constable or other like Officer as aforesaid and compared together shall within six dayes after such receipt be transmitted to the two next respective Iustices of the Peace who are hereby Impowered to examine the said respective High Constable or other like Officer as aforesaid Petty-Constable Headborough or Tything-man upon Oath concerning the truth and faithfulness of their Actings in the Premisses which being done the said Iustices shall within ten dayes after such Examination sign and transmit the said Book and Roll together with the said original Accounts so endorsed as aforesaid and filed together unto the respective Clerk of the Peace who shall within Twenty dayes next after the receipt thereof engross the said Book or Roll in Parchment to be still kept in the respective County and Places aforesaid and shall also within two months engross in Parchment a true Duplicate of the said Book or Roll which being signed by him and by two Iustices of the Peace at least of the respective County and Places aforesaid shall be transmitted within one month after such Engrossment into his Majesties Court of Exchequer Alien And all Forreigners that shall really and bona fide set up and use any of the Trades and Manufactures aforesaid viz. Weaving C. 15. § 3. N. 1.
Hemp-dressing Netts and Tapestry hangings c. shall c. taking the Oaths of Allegiance and Supremacy before two Iustices of the Peace near unto their Dwellings who are hereby Authorised to administer the same enjoy all priviledges whatsoever as natural-born Subjects Common Provided also and be it further Enacted c. That if any C. 17. § 53. N. 1. c. having a right of Common in any of the Mannors Wasts Commons or Lands within the said Great Level of the Feus called Bedford Level or any other Person or Persons whatsoever at any time after such Division or Inclosure made or set out as aforesaid viz. by Commissioners c. shall break throw down disturb obstruct or by any means hinder or lay open the said Improvements and Inclosures at in or after the making thereof or the Hedges Ditches or Fences of the same or any part thereof shall destroy and shall be thereof Convicted by two Credible Witnesses upon Oath before two Iustices of the Peace of the County where such disturbance or destruction shall be made every such person c. shall forfeit for every such Offence xx l. to be Levied by distress upon the Goods and Chattels of every such Offender c. by Warrant under the Hands and Seals of the said Iustices of the Peace before whom such Conviction shall be made c. or for want of sufficient Distress the Offender shall be Committed to the House of Correction or Common Goal for Thrée Months without Bail or Mainprise at the said Iustices discretion Statuta 16 Car. 2. 16. Car. 2. 3. § 2. N. 7. ANd if they viz. the Officers for search and view of Fire-Hearths c. shall find any Variance in the Number retorned both the Officer Taxes c. and the Constable or Tythingman c. to certifie the same under his and their Hands to the Clerk of the Peace which Certificate they are hereby enjoyned to make N. 8. And after approbation thereof by the Iustices of Peace at their Sessions Certificate the same shall be Certified to his Majesties Remembrancer in the Exchequer § 4. N. 2. And in Case of violent opposition or Injury done by any Peace to any such Officer or his Deputy in the due Execution of this Act and the same proved by Oath before any one Iustice of the Peace or Chief Magistrate c. of the City Town or Place Dwelling near unto the Place who are hereby Authorized to Administer the said Oath It shall and may be lawful to and for such Iustice of the Peace c. or Magistrates to punish such Offender c. if he shall find cause by Imprisonment in the Common Goal for any time not exceeding the space of one month â—§ 8. N. 1. And if any Question or difference shall arise about the taking any distress or levying any Money by Vertue of this Act viz. of Fire-Hearths Process c. the same shall be heard and finally determined by one or more of the Iustices of the Peace near adjoyning or Chief Magistrate of the Place respectively upon complaint in that behalf § 9. N. 2. And the Iustices of Peace and Chief Magistrates Constables and other his Majesties Officers within their several Limits and Iurisdictions Justices are hereby Authorized and required to give assistance from time to time to such Officers as shall be appointed c. for the Collecting of the said Duty c. § 10. N. 1. Provided that no person Taxes c. shall be questioned for any Arrears due on or before our Lady day c. viz. 1664. who shall produce to the Collector a Certificate approved or to be approved of by the two next Iustices of the Peace for their Exemption from the said duty for that time according to the rules prescribed in the said first recited Act. viz. 13 14. Car. 2. 10. N. 2. Nor any Person who hath truly paid the said duty and shall if it be required Proof make proof thereof before any one Iustice of the Peace or other Chief Magistrate of the Peace c. C. 4. § 3. N. 1. Be it Enacted Religion c. That if any Person of the Age of Sixtéen years or upwards being a Subject of this Realm c. shall be present at any Assembly Conventicle or Méeting under colour or pretence of any Exercise of Religion in other manner then is allowed by the Liturgy or practice of the Church of England c. at which Conventicle c. there shall be five Persons or more Assembled together over and above those of the same Household then it shall and may be lawful to and for any two Iustices of Peace of the County Limit Division or Liberty where such Offence aforesaid shall be Committed or for the Chief Magistrate c. if it be within a Corporation where there are not two Iustices of the Peace and they are hereby required and enioyned upon proof to them or him respectively made of such Offence either by Confession of the Party or Oath of Witnesses or notorious Evidences of the fact which Oath the said Iustices of the Peace and Chief Magistrate respectively are hereby Impowered and required to administer to make a Record of every such Offence and Offences under their Hands and Seals respectively N. 2. Which Record so made as aforesaid Process shall to all Intents and purposes be in Law taken and adjudged to be a full and perfect Conviction of every such Offender for such Offence and thereupon the said Iustices and Chief Magistrate respectively shall commit every such Offender so Convicted as aforesaid to the Goal or House of Correction there to remain without Bail or Mainprise for any time not excéeding the space of thrée months unless such Offender shall pay down to the said Iustices or Chief Magistrate such Sum of Money not excéeding Five pounds as the said Iustices or Chief Magistrate who are thereunto Authorized and required as aforesaid shall fine the said Offender at for his or her said Offence c. Indictment And be it further Enacted c. that if any § 4. N. 1. c. shall at any time again Commit the like Offence c. then such Offender so Convict of such second Offence shall Incur the penalty of Imprisonment in the Goal or House of Correction for any time not excéeding Six months without Bail or Mainprise unless such Offender shall pay down to the said Iustices or Chief Magistrate such Sum of Money not excéeding Ten pounds as the said Iustices or Chief Magistrate c. shall Fine the said Offender at c. Imprisonment And be it further Enacted c. That if any such Offender so Convicted of a second Offence c. shall at any time again Commit the like Offence § 5. N. 1. c. then any two Iustices of the Peace and Chief Magistrate c. shall Commit every
Certified into the Exchequer together and not one without the other and no Iustite shall or may be questioned or accountable for the same in the Exchequer or elsewhere then in the Quarter-Sessions c. § 3. N. 2. And if the said Preacher or Teacher so Convicted be a Stranger Process or his Name and Habitation not known or is fled and cannot be found or in the Iudgment of the Iustice Iustices or Chief Magistrate before whom he shall be Convicted shall be thought unable to pay the same the said Iustice c. are hereby Impowered and required to Levy the same by Warrant as aforesaid upon the Goods and Chattels of any such Persons who shall be present at the same Conventicle any thing in this or any other Act Law or Statute to the contrary notwithstanding c. § 6. N. 1. Provided also and be it further Enacted Error That in all Cases of this Act where the Penalty or Sum charged on any Offender excéeds the Sum of Ten shillings and such Offender shall find himself agrieved it shall and may be lawful for him within one Week after the said Penalty or Money charged shall be paid or Levied to appeal in writing from the Person c. Convicting to the Iudgment of the Iustices of the Peace in their next Quarter-Sessions N. 2. To whom the Iustice Justices c. that first Convicted such Offender shall return the Money Levied upon the Appellant and shall Certifie under his and their Hands and Seals the Evidence upon which the Conviction past with the whole Record thereof and the said Appeal N. 4. And in Case such Appellant shall not prosecute with Effect Costs or if upon such Tryal he shall not be acquitted or Iudgment pass not for him upon his said Appeal the said Iustices at the Sessions shall give trebble Costs against such Offender for his unjust Appeal N. 5. And no other Court whatsoever shall Intermeddle with any Cause or Causes of Appeal upon this Act Certiorari but they shall be finally determined in the quarter-Quarter-Sessions only § 7. N. 1. Provided alwayes and be it further Enacted Recognizance That upon the delivery of such Appeal as aforesaid the person Appellant shall enter before the person c. Convicting into a Recognizance to prosecute the said Appeal with effect N. 2. Which said Recognizance the Person c. so Convicting Certificate is hereby Impowered to take and required to Certifie the same to the next Quarter-Sessions N. 3. And in Case no such Recognizance be Entred into Bail the said Appeal to be null and void § 9. N. 1. And be it further Enacted c. That the Iustice c. of the Peace and Chief Magistrate respectively or the respective Constables Process Headboroughs and Tithingmen by Warrant from the said Iustice c. shall and may with what aid force and assistance they shall think fit for the better Execution of this Act after refusal or denial to enter break open and enter into any House or other place where they shall be Informed any such Conventicle as aforesaid is or shall be held as well within Liberties as without N. 2. And take into their Custody the Persons there unlawfully Assembled Imprisonment to the Intent they may be proceeded against according to this Act. N. 3. And that the Lieutenants or Deputy-Lieutenants or any Commissioned Officer of the Militia or other of his Majesties Forces War with such Troops or Companies of Horse and Foot and also the Sheriffs and other Magistrates and Ministers of Iustice or any of them jointly or severally within any the Counties or Places within c. viz. England Wales or Berwick with such other Assistance as they shall think méet or can get in readiness with the soonest on Certificate made to them respectively under the Hand and Seal of any one Iustice of the Peace or Chief Magistrate of his particular Information or knowledge of such unlawful Méeting or Conventicle held or to be held in their respective Counties or Places and that he with such Assistance as he can get together is not able to suppress and dissolve the same shall and may and are hereby required and enjoyned to repair unto the Place where they are so held or to be held and by the best means they can to dissolve dissipate or prevent all such unlawful Méetings and take into their Custody such and so many c. as they shall think fit c. Priviledge Provided alwayes that no Dwelling House of any Peer of this Realm §. 10. N. 1. where he or his wife shall then be resident shall be searched by vertue of this Act but by Immediate Warrant from his Majesty under his Sign Manual or in the presence of the Lieutenant or one Deputy-Lieutenant or two Iustices of Peace whereof one to be of the Quorum of the same County or Riding Constable And be it further Enacted c. That if any Constable Headborough § 11. N. 1 Tythingman Church-warden or Overséer of the Poor who shall know or be credibly Informed of any such Meeting c. held within his Precincts Parishes or Limits and shall not give Information thereof to some Iustice of the Peace or the Chief Magistrate and endeavour the Conviction of the Parties according to his duty but such c. or any c. lawfully called in aid c. shall wilfully and wittingly omit the performance of his duty in the Execution of this Act and be thereof Convicted in manner aforesaid he shall forfeit c. Five pounds c. Justices And that if any Iustice of Peace or Chief Magistrate shall wilfully and wittingly omit the performance of his duty in the Execution of this Act N. 2 he shall forfeit c. one hundred pounds c. Certificate And in Case any Person offending against this Act § 13. N. 3. shall be an Inhabitant in any other County or Corporation or fly into any other County or Corporation after the Offence Committed the Iustice of Peace or Chief Magistrate before whom he shall be Convicted as aforesaid shall Certifie the same under his Hand and Seal to any Iustice of Peace or Chief Magistrate of such other County or Corporation wherein the said Person or Persons are Inhabitants or are fled into Process Which said Iustice or Chief Magistrate respectively N. 4. is hereby Authorized and required to Levy the Penalty c. in this Act mentioned upon the Goods and Chattels of such Person c. as fully as the said other Iustice of Peace might have done in Case he or they had been Inhabitants in the place where the Offence was Committed Measures Viz. the xl s. forfeit by Selling Corn or Salt c. by unsealed Measures C. 8. § 2. N. 3. c. to be Levied in such manner and such other Penalties for
the making thereof II. Hetley 164. pl. 351. Browns Ca. Hill 6. Car. 1. Husbandry In an Information upon 5 Eliz. 4. § 11. N. 1. Only shewing the said Branch and by Hutton and Harvey Justices that it is not to be intende◠of an Apprentice in Husbandry but of an Hired Servant for the said Statute did not provide for the departure of an Apprentice because that an Apprentice ought to be by Indenture and then a Writ of Covenant lyeth upon his departure to force him to come again and by the Common-Law an Action upon the case lyeth for retaining the Servant of another Winch. 25. pl. 63. III. Hetley 165. ibidem And by them the retainer License without having any Testimonial which is an offence against 5 Eliz. 4. § 10. N. 1. is after the years of retainer expired for so are the Words of the Statute IV. Hetly 165. ibidem But they said that the Information was nought Lieu. because it doth not appear that the Defendant did not retain him out of the parish where they served before for the Statue 5 Eliz. 4. § 10. N. 2. saith out of the City Town or Parish c. except he have a Testimonial and the words Secundum formam Statuti will not aid it and in the same Village or Cit◠c. the Statute doth not require a Testimonial because that there it was known c. V. Lamb. 2. cap. 7. pag. 190. 191. by 5 Eliz. 4. § 5. N. 5. Justices Any one Justice of the Peace may take upon him to hear and order the controversies between Masters and Servants touching their departure and may allow of the reason and sufficiency of the Cause for which a Master may put away his retained Servant or for which the Servant may depart before the end of his Service and he may in Hay-time or in Harvest upon request and for the saving of Corn Grain or Hay cause such Artificers and persons as be meet to Labour by his discretion to serve by the day for the getting cutting Inning or carrying thereof according to the skill and quality of the Person and may upon his refusal Imprison him in the Stocks by the space of two days and one night And his Testimonial under his Hand and Seal to such as may pass in Hay or Harvest time from one Shire to another sufficient and he also upon complaint made may Commit that party toward that in his Judgment shall be thought meet and yet shall refuse to be bound as an Apprentice according to the intent of the Statute there to remain until he be contented so to be bound And he also may by his discretion upon complaint or the Apprentice take order between his Master and him and for want of conformity in the Master may bind him to appear at the next Sessions before the Justices Crompt 159. § 16. and 156. § 28. and 197. § 34. Dalt 7. 7. 78. cap. 31. VI Lamb. 3. cap. 1. pag. 329. Justices Any two Justices of the Peace upon complaint that any Servant retained by the Statute 5 Eliz. 4. departeth before the end of his Term or at the end thereof without a Quarters warning Or that any person compellable by the Statute to serve doth refuse to serve for the Wages appointed may examine the matter and finding such Servant or person faulty may commit him to Ward there to remain till he shall be bound to the party offended to serve and continue according to the Statute Crompt 198. Dalt 78. cap. 31. VII Lamb. 329. 330. ibid. They also viz. 2. Imprison Justices may Imprison for ten days the Master that giveth and for 21 days the Servant that taketh more Wages then after the Rates thereof made 5 Eliz. 4. § 15. N. 2. and may Imprison for a whole year such Servant as shall be convicted before them by his own confession or by the Oaths of two honest Men to have made any assault upon his Master or Mistress or other person having any charge of him or of the Work and they may appoint any Woman being unmarryed of the Age of 12 years and under 14 that is out of Service and whom they shall think meet to Serve to be retained by their discretion and may upon her refusal commit her to Ward till she be so bound to serve 5 Eliz. 4. § 24. N. 2. Crompt 198. Dalt 79 cap 31. Justices VIII Lamb. 330. ibid. Any two Justices of the Peace may make Testimonial to a Tiring-man that is turned away from his Master or whose Master is dead 14 Eliz. 5. § N. 18 Eliz. 3. § N. and 27 Eliz. 11. Poor IX Lamb. 330. Any two Justices of the Peace may give assent to the Church-Wardens and Overseers or the greater part of them to bind as Apprentice the Children of Poor Parents till the age of a Man-child of 24 and till 21 of the Woman 39 Eliz. 3. Dalt 391. infra Certificate X. Lamb. 3. cap. 3. pag. 360. It is requisite by 5 Eliz. 4. § 27. N. 2. That the Certificate that is to be made to the head Officer of the City or Town Corporate where a Child is to be put Apprentice to a Merchant Mercer Draper Goldsmith Ironmonger Imbroiderer or Clothier that the Father or Mother of such Child may dispend 40 s. Freehold by the Year be under the Hands and Seals of three Justices of the Peace where the Lands lye Crompt 200. b. Dalt 80. cap. 31. Fees XI Lamb. 364. Every Justice of Peace sitting in execution of the same Statute of Labourers and Servants 5 Eliz. 4 § 38. N. 1. shall have 5 shillings the day for three days together out of the forfeitures that grow upon the same Statute Fees XII Lamb. 4. cap. 4. pag. 430. Article in charge at Sessions on 5 Eliz. 4. § 10. N. 5. if any Parson Vicar or Curat have taken above 2 pence for Registring a Testimonial for any Servant departing from one place to another Crompt 175. b. § 3. Trades XIII Lamb. 454. Article of Charge in Sessions on 5 Eliz. 4. § 31. N. 1. If any person do use any Art or Manual Occupation used in the fifth year of the late Queen Elizabeth which hath not been brought up therein 7 years at the least as an Apprentice or hath set any to work in it which is not a Workman or a Journeyman by year or haih served as an Apprentice Crompt 82 b. 83. Dayes XIV Lamb. 465. 466. Article of Charge in Sessions if any person have been retained into service to work for any less time then a whole year in any the Arts of a Clothier Wollen-Weaver Tucker Fuller Cloath-Worker Sheer-Man Dyer Hosyer Taylor Shooemaker Tanner Pewterer Baker Brewer Glover Cutter Smith Farrior Curryer Sadler Spurrier Turner Capper Hatmaker Feltmaker Bowyer Fletcher Arrowhead-maker Butcher Cook and Miller and if any person being unmarryed or under thirty years of Age and married and being compellable to
making Dice Cards Bowls or the like except it be by Parliament for all Trades which do avoid Idleness Exercize men in Labour for the Maintenance of them and their Families And to increase their Substance And to serve the King when need shall be are profitable for the Common-wealth and therefore the restraining of them is against the Law 11. Co. 34. 8. Co. 126. Trades LI. Dalt cap. 31 Also by the Common-Law no man is prohibited to use divers Misteries and Trades at his pleasure And although this was prohibited by the Statute 37 Ed. 36. yet presently at the next Parliament that Restraint of Trade being found prejudicial to the Commonwealth it was Enacted again 36 Ed. 38. that all persons should be as free as they were at any time before the said Statute 11. Co. 54. Trades LII Dalt 81. ibid. If a man use the Trade of Tallow Chandler Baker Brewer or any other Lawful Trade or Manual occupation for his own use or the use of his Family without Selling any for the lucre and Gain he may Lawfully do it 8. Co. 129. 13. and 11. Co. 54. and yet he which useth any Trade or other Manual Occupation for the use of himself or of his Family only without selling he cannot retain any Apprentice which in the Statute of 5 Eliz. 4. but he may hire one to be his Servant who is skilful in that Trade or Occupation 8. Co. 129. LIII Dalt 81. cap. 31. One purchased a Mill and hired a Miller to be his Servant who Grown'd the Grists of his Neighbours and the Wife of the Owner of the Mill took Money of their Neighbours for their Grists so Grown'd and for this the Husband who was owner of the Mill was Indicted at Cambridge Summer Assizes Anno. 1619 by reason that he was never himself an Apprintice to the Trade It was the Case of T. P. Yeoman Ale LIV. Dalt 81 ibid. The intent of 5 Eliz. 4. was that no person should take upon upon them any Art Mistery or Trade c. But such wherein they had Skill and Knowledge And therefore none may keep a Common Brew-house Cooks-shop c. to Sell to others except they have been Apprentice thereto by the space of seven years Infant LV. Dalt 82. cap. 31. If an Infant Man or Woman of twelve years of Age or a Gentleman Chaplain Carpenter or other person which is not compellable to serve yet if they shall make a Covenant to serve in Husbandry they shall be bound by their Covenant and are punishable if they then shall depart c. F. N. B. 168. Lee. Br. 67. See 5 Eliz. 4. § 42. N. 1. Yet by the Commom-Law such a Covenant or retainer of an Infant under twelve years of Age was void they neither having ability of Body nor years to consent for an Infant by the Common-Law is not of Age to Bind himself by Covenant ante Annos Nubiles which is 12 years in a Woman and 14 years in a Man 7. Co. 43. and 9. Co. 72. neither before that Age are they accounted potens in corpore which were the Words used in the Statute 23 Ed. 3. 2. tho' those words are now left out of the Statute 5 Eliz. 4. § 22. N. 7. and thereupon Markham in 21 H. 6. 32. and Coverture Br. 25. 30. Seems to hold 14. years to be the Age of a Retainer of an Infant but there the case was of a Man-child that was retained 2 H. 4. 18. Labourers Br. 19. 20. But now by the Statute 5 Eliz. 4. § 25. N. 1. Any person above the Age of 10 years by their own consent and agreement may by Indenture be bound an Apprentice to Husbandry or any other Trade or Art Also one of 12 years of Age by the same Statute 5 Eliz. 4. § 7. N. 1. 14. is compellable by the Justice to serve in Husbandry so also it seemeth of other Trades Arts Occupations Winch. 26. infra LVI Dalt 82. cap. 31. Poor Such Children whose Parents are not able to maintain them though they be under 12 yet may they be bound Apprentices by the overseers of the Poor with the assent of any two Justices of the Peace by 43 Eliz. 2. § 5. N. 1. LVII Dalt 82. If a Child use Husbandry till the Age of 12 years and after be made an Apprentice to any Mystery his Covenant shall be void Husban-dry But Quere if this be not repealed by the general words of the Statute 5 Eliz. 4. § 12. N. 1. also see the Statute 1 Jac. 2. 5. § 17. N. 1. LVIII Dalt 82. A Servant may be compelled to Serve in Summer in the place where he served in Winter before Lieu. but this seemeth to have been only by 23 Ed. 3. 2. which Statute now stands repealed by 5 Eliz. 4. § 23. N. 1. Cromp. 238. b. infra LIX Dalt 83. cap. 31. If a Servant who is Retained shall depart out of his Service and wander he may be compelled to Serve another Man Departure But yet the first Master may take him away again F. N. B. 168. Notice Br. 24. And besides it is safe to get the consent of the first Master For now 5 Eliz. 4. § 11. N. 1. The Master Retaining a Servant departed without shewing a Testimonial before his Retainer forfeits 5 li. LX. Dalt 84. If the Master or his Wife shall beat the Servant Peace these were good cause for the Servant to depart before 5 El. 4. § 5. N. 5. But now the allowance of the Justice of Peace is requisite and yet note that the Master by Law is allowed with moderation to chastise his Servant or Apprentice See 33 H. 8. 12. § N. Dalt 165. 159. But now by the Statute of 5 Eliz. 4. § 5. N. 5. The causes of putting away and departing of Servants are referred to the consideration and allowance of the Justices of Peace It behoveth them to have good care lest by their giving too much way therein either to the Master or Servant many which might by due ordering have proved good Servants turn Rogues and Vagabonds LXI Winch 25. pl. 63. An Information Mich. 19 Jac. C. B. License was for that his Apprentice departed out of his Service and the Defendant Received and Retained him without a Testimonial from the Master contra formam Statuti and so he demanded 5 li. The Defendant Pleaded nil debet c. and found against him and now Hendon Serjeant moved in Arrest of Judgment that an Apprentice is out of the Clause of 5 Eliz. 4. § 11. N. 1. And that the same extends only to Servants and to Laborours Retained within that Statute LXII Winch. 26. ibid. Hobard Ch. J. said Infant that it was never the intent of 5 Eliz. 4. § 11. N. 1. to make an Infant who is an Apprentice to be within the danger of the same Statute for an Infant at the Age of 14 years may be bound to be an Apprentice and the
saith Mr. Stamford 193. since that it giveth the party grieved a more ample recompence c. Poult de Pace 234. Process II. Dalt 294. cap. 110. and by divers Statutes you shall find that an offender may be convicted out of Court either upon view of the Record of the Justices of Peace or by confession of the offender or upon examination of witnesses before one or two Justices of the Peace Dalt cap. 66. Records III. By 34 35 H. 8. 14. § 2. N. 1. the Clerks of the Crown Clerks of the Peace and Clerks of Assize where any such Attainder c. viz. of Felony c. shall be had shall c. not only certifie a transcript briefly and in few words containing rhe tenor and effect of every such c. conviction and Clerk attainted before them so to be had c. viz. the Name Surname and addition of every person so c. convicted or Clerk attainted c. shall be made and done before the King in his Bench at Westminster in the County of Middlesex there to remain of Record for ever c. but shall also deliver a transcript c. to the Ordinary c. Accessory IV. 9 Co. 119. in Sur Zanchars Ca. these word while the Appellee is attaint in 3 Ed. 1. W. 1. cap. 14. § 1. N. 2. viz. that appeal shall not be intermit against the Accessory is intend of all manner of Attainders at the Kings Suit or of the party and upon appearance and default and in the same Act after provision is made for the Appeal of the party which proves it shall be taken in that several sense Authority see Jurisdiction Averment Suggestion Proof Action Chancery I. LAmb. 4. cap. 6. pag. 501. Albeit the Chancery will sometimes both take knowledge and also award Process upon an Information by word in the behalf of the Prince 1 Ed. 5. 6. 39 H. 6. 41. surmise Br. 3. yet I think that before Justices of Peace these Suggestions and Informations both be they by word or writing are but of the force to stir up the Justices to recommend the Cause to the Enquest and not to award any Process upon them unless it be in certain Cases where that validity is specially given them by the Statutes Bail Recognizance Bailment Surety Caution Mainprise Pledges Replevin Imprisonment Hab. Corp. Replevin I. 3 Ed. 1. W. 1. cap. 15. § 1. N. 2. And forasmuch as before this time it was not determined which persons were Replevisable and which not but only those that were taken for the death of man or by commandment of the King or of his Justices or for the Forest Ability II. 3 Ed. 1. W. 1. cap. 15. § 1. N. 3. It is provided c. that such Prisoners as before were Outlawed and they which have abjured the Realm Provers and such as be taken with the Mannor and those which have broken the Kings Prison Thieves openly defamed and known and such as be appealed by Provers so long as the Provers be living if they be not of good name and such as be taken for House-burning feloniously done or for false Money or for counterfeiting the Kings Seal or persons Excommunicate raken at the request of the Bishop or for manifest offences or for Treason touching the King himself shall be in no wise Replevisable by the common Writ nor without Writ III. By 27 Ed. 1. 3. § 1. N. 4. For the more assured conservation of the Peace c. that Justices assigned in every County to take Assizes Sheriffs where they do take Assizes as they be appointed incontinent after the Assizes c. shall enquire if Sheriffs or any other have let out by Replevin Prisoners not Replevisable or offended against 3 Ed. 1. 15. c. IV. 18 Ed. 2. pag. 84. § 32. N. 1. Leet The Frankpledge shall enquire of persons Imprisoned and let go without Mainprise V. 23 H. 6. 10. § 1. N. 6. viz. Sheriffs Imprisonm c. shall on oblig ' deliver all persons imprisoned c. such c. which be or shall be in their ward by Condemnation Execution Capias Vtlagatum or Excommunicatum Surety of the Peace and all such persons which be or shall be committed to ward by special commandment of any Justices and Vagabonds refusing to serve according to the form of the Statute of Labourers viz. 23 Ed. 3. 2. c. only excepted 4 Ed. 3. 2. § 1. N. 4. VI. 1 Rich. 3. 3. § 1. N. 2. That every Justice of Peace in every Shire Justices City or Town shall have Authority by his or their discretion to let such Prisoners and persons so arrested viz. on suspicion of Felony ro Bail or Mainprise in like form as though the same Prisoners or persons were Indicted thereof of Record before the same Justices in their Sessions 34 Ed. 3. 1. § 1. N. 6. 3 H. 7. 3. § 1. N. 7. VII 1 R. 3. 3. § 1. N. 3. Escape And that Justices of Peace have authority to enquire in their Sessions of all manner Escapes of every person arrested and imprisoned for Felony VIII 3 H. 7. 3. § 1. N. 3. That the Justices of Peace in every Shire Justices City and Town or two of them at the least whereof one to be of the Quorum have authority and power to let any such Prisoners or persons Mainprisable by the Law that have been imprisoned within their several Counties City or Town to Bail or Mainprise unto their next General Sessions or unto the next Goal-delivery of the same Goals in every Shire City or Town as well within Franchise as without where any Goals been or hereafter shall be IX 3 H. 7. 3. § 1. N. 4. And that the said Justices of the Peace Certificate or one of them so taking any such Bail or Mainprise do certifie the same at the next General Sessions of the Peace or the next General Goal-delivery of any such Goal within every such County City or Town next following after any such Bail or Mainprise so taken on pain of 10 l. for every default recorded 1 2 Phil. Mar. 13. § 3. N. 2. X. 3 H. 7. 3. § 1. N. 7. And that the aforesaid Act viz. 1 R. 3. 3. Justices § 1. N. 2. giving authority and power in the premisses to any Justice of the Peace by himself be in that behalf utterly void and of none effect c. XI 1 2 Phil. Mar. 13. § 2. N. 1. That Ability c. no Justice or Justices of the Peace shall let to Bail or Mainprise any such person or persons which for any offence c. be declared not to be replevised or bailed or be forbinden to be replevised or bailed by 3 Ed. 1. W. 1. cap. 15. XII 1 2 Phil. Mar. 13. § 3. N. 1. And furthermore that any Justices c. arrested for Man-slaughter or Felony or suspicion
whether the power of Bail when it is required be not taken from them by some of those former Statutes recited and then whether that particular Statute it self against which the Prisoner is charged to offend do not specially prohibit the Bail XXVII Crompt 152 b. § 3. Nota in all cases where the Statute speaks that a man shall be imprisoned at the Kings will Prerogative the Prisoner cannot be enlarged or let to Mainprise until the King sends his pleasure concerning him Stamf. 77. who voucheth 24 Ed. 3. 33. the Case of one Forget who went Arm'd in the Palace at Westm. against 2 Ed. 3. 4. XXVIII Crompt 157 a. b He that is taken by commandment of the Kings Justices shall not be put to Mainprise by 3 Ed. 1. 15. § 1. N. 2. Justices and this is intend by their absolute commandment as if he commands one to Prison without shewing cause why he so commanded him either for a misdemeanour done before him or for such a thing that lyeth in discretion of the Justice more then in his ordinary power Stamf. 72 b. 73 a. XXIX Crompt 160. § 30. Amerciament When a Statute saith the offender shall be Fined at the Kings will this is to be intended that the Justices before whom the offence is examined shall assess the Fine by their discretions for the King speaks and shews his pleasure by the mouth of his Justices XXX Crompt 153. § 8. Error If Error appears of Record before Justices of the Peace in a thing for which a man is in Execution before them they ought to let him by Mainprise to sue a Writ of Error in another Court as where a man is in Execution upon an erroneous Recovery apparent of Record in Banco they ought to let him to Mainprise to sue a Writ of Error in B. R. but not for Error in fact 33 H. 6. 22. XXXI Crompt 153. § 10. Imprisonm Though the Justice of Peace commits one to the Goal for certain causes shewed in the Mittimus without Bail or Mainprise yet he may be bail'd if he be bailable But if he be committed without Bail or Mainprise and without shewing cause why he is committed in the Mittimus then another Justice of Peace doth not do well to Bail him without making him that committed him privy for he may be committed for cause that is not bailable Process XXXII Crompt 153. § 11. The Justice of Peace who commits any to the Goal by reason of his Office ought to shew the cause in his Mittimus to the intent that it may appear whether he be bailable or not Examination XXXIII Crompt 156 b. 157 a. Nota that when he that is taken for Felony shall be bail'd by the Justices of Peace before commitment he must be examin'd and bail'd by two Justices of the Peace who shall be together at the time of the Examination and Bailment 1 2 Phil. Mar. 13. § 3. N. 1. and Lamb. 339. supra 17. but where he is examined and committed he may be Bail'd by one Justice Hoc Nota. See 2 3 Phil. Mar. 10. § 2. N. 2. Forfeiture XXXIV Pasch 21 H. 7. 20 b. pl. 3. in Mainprise Br. 44. Nota per Fineux Ch. J. that wherever any one is Bail'd for suspicion of Felony until a certain day and this on pain to forfeit a certain sum of money at which day the party suspected cometh not in this case the party suspected shall forfeit a hundred shillings and if he were Indict of Felony and so Bail'd unto a certain day wherein he appears not he shall forfeit ten pounds to our Lord the King quod Nota. And note that the pledges themselves who so Bail'd him are obliged for his appearance viz. corpus pro corpore and besides that in a certain sum of money to be forfeited to the King unless he appear but where a man comes in viz. by Cepi corpus in a Writ of Trespass and is Bail'd his pledges are bound corpus pro corpore without any other sum and in that case if he for whose appearance by a day they are obliged by Recognizance do not come at the day limited then the pledges at the discretion of the Judges shall be amerced so note the diversity c. Crompt 157. Process XXXV Crompt 153. § 13. The Justices of Peace may discharge Mainpernors on their prayer and commit the party to prison Imprisonm XXXVI Crompt 157. A man is Bail for one suspected of Felony in 40 l. to appear at the Assizes and after he fears that the other will flee away it seemeth that he may take him and bring him before the Justice and thereupon he may commit him to the Goal if he doth not find other Sureties to appear and thereupon he may be discharg'd of his Recognizance that first Bail'd him 50 Ed. 3. 11. 5 Ed. 4. 31. N. B. B. 117. Dalt 306. cap. 114. Justices XXXVII Dalt 307. cap. 114. So if a Prisoner be Bail'd by insufficient persons the Justices of Peace ex officio may cause him to find better Sureties and may commit him as it seemeth till he shall so do for 3 Ed. 1. W. 1. cap. 15. requireth that such as be Bailed be let out by sufficient Surety Mainprise Br. 2. Pledges Br 1. 10. Co. 101. Dalt 174. cap. 70. Ability XXXVIII Dalt 306 307. And therefore although the number of such Sureties their sufficiency and the sum wherein they shall be bound resteth in some sort in the discretion of the Justice yet it is safe for them to take Sureties at the least and those to be Subsidy-men and to be bound in good sums especially if the Prisoner be in for Felony or suspicion thereof for the more and the more able the Sureties are the rather they will cause him that is bailed to appear And again for want of taking sufficient Bail the Justices of Peace are finable And at Cambridge Assizes Anno 1613. Judge Warberton threatned to have set 40 l. Fine upon two Justices of Peace who had bailed a Prisoner that was committed for suspicion of Felony and appeared not for that the Sureties were not Subsidy-men Quere If the Justices of Peace may not examine upon their Oaths the Sureties concerning their sufficiency or whether they be Subsidy-men Escape XXXIX Dalt 275. cap. 106. If the Justice of Peace c. shall bail one who is not bailable this is an escape Fitz. 4. Coron 246. viz. a negligent escape If it be in ignorance Cromp. 39. § 7. XL. Dalt 306. cap. 114. If any Justices of Peace do let to Bail or Mainprise any person who for any Offence by him committed Fines is declared not to be bailable or forbidden to be bailed by 3 Ed. 1. 15. the said Justices of Peace so offending shall pay such Fines as shall be assessed by the Justices of Gaol-delivery where the Offence shall be committed Query If
the Bond be void as 37 H. 6. 1. per Moyl XLI Dalt 307. cap. 114. I have seen a Report of a Case Process Trin. 37 Eliz. That upon an Assembly of all the Judges and Barons at Serjeant-Inn it was resolved and agreed by them to be put in ure in their Circuits That if a Justice of Peace should commit a man to the Gaol for Felony for which by Law he is not bailable but by his Mittimus he commits him generally not shewing any cause If other Justices of the Peace shall bail him not knowing of the matter c. they shall be fined for the same for they at their perils ought to inform themselves of the matter before they bail him XLII Dalt 310. cap. 114. If a Prisoner Judgment after he hath pleaded not Guilty be attaint by Verdict that he killed a man se defendendo or by misfortune yet he shall not be bailed by the Justice of Peace Quere Stamf. 74. Coron 297 354. XLIII Dalt 311. If a man be Accessary to two and the one Principal is attainted though the other be not yet the Accessary shall not be bailed Accessary Stamf. 71. Coron 200. XLIV Dalt 311. cap. 114. Process If any person be committed to Prison by Process from the Sessions made upon an Indictment upon any penal Statute not prohibiting Bail he may be bailed out of the Sessions by two Justices of the Peace one being of the Quorum or he may have a Warrant out of the Chancery directed to the Justices of the Peace or to the Sheriff to take Surety of him for his appearance before the Justices at their Sessions c. or he may have a Certiorari to remove the Record in B. R. and a Habeas Corpus to remove the Body thither also F. N. B. 250 251. XLV Lamb. 347. That persons are not bailable on 5 Rich. 2. 2. § 1. Money N. 10. commit for a whole year without Redemption for transporting Gold or Silver without License 2 H. 5. 8. § 2. N. 2. Rioters attainted of great and hainous Riots shall have one whole years Imprisonment at least Riot without being let out of Prison by Bail Mainprise or in any manner during the year 9 H. 5. 8. 2. cap. 8. § 1. N. 2. And Justices may hold falsifiers of Weights in Prison without Mainprise till they be acquit or attaint Measures 8 H. 6. 4. § 1. N. 11 Wearing Liveries for maintenance shall have a whole years Imprisonment without being let to Bail or Mainprise Maintenaece 22 H. 8. 5. § 4. N. 8. Ways Collector for Bridges refusing to accompt at Session to be committed without Bail or Mainprise till account made 23 H. 8. 2. § 2. N. 7. upon appearance of Collectors for Goods Poor six Justices to commit without Bail or Mainprise till Account and Payment c. 27 H. 8. 20. § 1. N. 6. Two Justices of the Peace Quorum unus Justices may commit without Bail or Mainprise till sufficient Surety by Recognizance c. to pay Tythes c. 32 H. 8. 7. § 4. N. 1. Two Justices Quorum unus Ordinary on Information of Ordinary c. to commit to next Gaol till Sureties by Recognizance or otherwise before the same Justices to obey Sentence of Ordinary for Tythes c. 33 H. 8. 9. § 9. N. 2. Alien Exporting long Bowes c. Auster le mere Imprison without Bail or Mainprise until Fine before two Justices in their Sessions 2 3 Ed. 6. 2. § 3. N. 1. War Souldier selling or putting away Horse or Harness Imprisonment without Bail or Mainprise until satisfaction to the Owner Ale 5 6 Ed. 6. 25. § 4. N. 1. Seller of Ale without License commit by two Justices Quorum unus without Bail or Mainprise for three days Market Overt Cap. 14. § 4. N. 1. Forestaller c. convict for the first Offence Imprison two months without Bail or Mainprise Riot 1 Mar. 1 St. 2. cap. 12. § 5. N. 1. Above two unlawfully assembled to throw down Pales Hedges c. Imprison a year without Bail or Mainprise Coron 1 2 Ph. Mar. 5. § 4. N. 1. Transporting Corn without license Imprison a whole year without Bail or Mainprise War 4 5 Ph. Mar. 3. § 5. N. 3. Justices before whom party is convict for false Musters c. Imprison without Bail or Mainprise until payment of the Forfeiture Religion 1 Mar. 1 St. 2. cap. 2. § 6. N. 3. Not recanting at next Sessions disturbance of Preacher c. commit without Bail or Mainprise till reconcile Religion 1 Eliz. 2. § 4. N. 6. Depraver of Common Prayer Imprison for six months without Bail or Mainprise Fees 5 Eliz. 4. § 9. N. 1. Taking Wages contrary to Stat. imprison twenty days without Bail or Mainprise Fish Cap. 5. Eating Flesh on Fish-days forfeit 3 l. or close imprisonment three months without Bail or Mainprise Forgery Cap. 14. § 3. N. 7. Imprisonment a year c. without Bail or Mainprise for Forgery Conjuration Cap. 15. § 2. N. 3. Convicted for false Prophesies imprison a year without Bail or Mainprise Forrest Cap. 21 § 2. N. 6. After three months imprison for taking Deer Fish or Hawks imprison without Bail or Mainprise until Sureties of Good behaviour 7 years and never to offend again Cattle 8 Eliz. 3. § 2. N. 1. Transporting Sheep imprison one year without Bail or Mainprise Purveyance 13 Eliz. 21. § 1. N. 9. Imprisonment of Purveyor within five miles of University as 2 3 Phil. Mar. 15. § 2. N. 3. viz. for three months without Bail or Mainprise Bastardy 18 Eliz. 3. § 2. N. 5. Reputed Father or Mother of Bastard perform not order of Justices c. to be commit without Bail or Mainprise except he or she put in sufficient Surety to appear next Sessions c. Schools 23 Eliz. 1. § 7. N. 2. Schoolmaster without License imprison one year without Bail or Mainprise Religion 35 Eliz. 1. § 1. N. 4. Present or joyning in Conventicle c. convicted commit without Bail or Mainprise until Conformity Drapery 39 Eliz. 11. § 2. N. 3. Refusing to be bound to Sessions to discover Logwood to be commit to the next Goal till bound with Sureties c. War Cap. 16. § 1. N. 3. Disobeying Justices order of suppressing Musters commit without Bail or Mainprise for three days and till Recogn of 40 l. to perform order Poor 43 Eliz. 2. § 4. N. 2. For want of distress commit by two Justices without Bail or Mainprise until payment of Tax to the Poor Fowl 1 Jac. 27. § 2. N. 4. Unlawful destroyer of Pheasant Hares c. Partridge Pidgeon c. committed for three months without Bail or Mainprise unless offender pay 20 s. c. Poor Cap. 31. § 3. N. 1. On
night-season haunt a House that is suspected for Bawdry or use suspicious Company then may the Constable arrest him to find Sureties of his good abearing for Bawdry is not meerly a Spiritual offence but mixed and sounding somewhat against the Peace of the Land 27 H. 8. 14. per Fitz-h 1 H. 7. 6. Good behav II. Lamb. 2. cap. 2. pag. 119. And therefore it shall not be amiss at this day in my slender opinion to grant Surety of the good abearing against him that is suspected to have begotten a Bastard-child to the end that he may be forth-coming when it shall be born for otherwise there will be no putative Father found when the Justices of the Peace shall after the birth and by virtue of 18 Eliz. 3. come to take order for his punishment And if this medicine might lawfully be applied to Shoemakers Taylors Weavers and other light persons that without Testimonial or other good Warrant do flit out of one Shire into another not only that evil of Bastardy but many other mischiefs might be either prevented or punished thereby Cromp. 196 b. § 8. Dalt 191. 37. 355. cap. 121. infra 10. Imprisonment III. Lamb. 546. And the reputed Father or Mother of a Bastard-child that will not perform the Order set down by two Justices of the Peace thereto authorized shall be committed and shall remain in Prison without Bail or Mainprise till he or she will be bound c. 18 Eliz. 3. § 1. N. 4 5. Poor IV. Lamb. 352 353. Two Justices of the Peace the one being of the Quorum in or next to the Limits where the Parish-Church is in which a Bastard-child left to the charge of the Parish shall be born ought to take order by their discretion as well for the relief of the Parish and keeping of the Child as also for the Punishment of the Mother and reputed Father thereof 18 Eliz. 3. § 1. N. 2. V. Lamb. 596. That 18 Eliz. 3. § 1. N. 5. Sessions have mention of the Quarter-Sessions to be holden next after Easter which Statutes as they make not in this point viz. of holding the Sessions a new Law but be grounded upon former Law supposed to be in force viz. 2. H. 5. 4. § 2. N 2. So allowing of any one of these four Sessions they do therein give allowance of all the other three also VI. Lamb. 604. Apprentice A Beggers Child may at the General Sessions be bound to serve any Subject of this Realm being of honest Calling 14 Eliz. 5. 18 Eliz. 3. Cromp. 86. VII Cromp. 86 b. Women Enquiry at Sessions of Women that have Children born out of Matrimony and of the reputed Father of such Child they shall be punished by the directions of the Justices of Peace 18 Eliz. 3. VIII Cromp. 131 b. Two Justices of the Peace Women whereof one shall be of the Quorum have power by their discretion on examination of the Cause and circumstances to take Order as well for the punishment of the Mother as the reputed Father of every Bastard-child born out of Matrimony and for relief of the Parish where it is born in part or in all Cromp. 199. Bail IX Cromp. 154 b. Neither the Mother nor reputed Father of any Bastard who refuseth to perform the order of the Justices can be bailed according to 18 Eliz. 3. § 1. N. 5. see 2 Bulstr 323. 341. X. Cromp. 196 b. § 8. Quere Good behav If a Justice of Peace may by discretion bind to the good behaviour him that hath gotten a Woman with child to be forth-coming until the delivery because otherwise peradventure he will flie But the Stat. 18 Eliz. 3. doth not give this but it seemeth reasonable Lamb. 119. supra 2. Dalt 191 255. XI Dalt 191. cap. 75. Good behav Also this Surety of the good behaviour is used to be granted against the putative Father of a Bastard-child XII Dalt 37. cap. 11. Every Justice of Peace upon his discretion may as it seemeth bind to the good behaviour him that is charged or suspected to have begotten a Bastard-child to the end that he may be forth-coming when the Child shall be born otherwise there will be no putative Father when the two Justices after the birth of the Child shall come to take order according to 18 Eliz. 3. § 1. N. 2. The like may be done after the birth of the Child and before such order taken Lamb. 119. Cromp. 196. § 6. XIII Dalt 37. cap. 11. Also if the putative Father of any such Child Poor either before the birth of any such Child or after shall by any perswasion procurement or other practice be conveyed or sent away or shall run away so as the Justices of Peace cannot come by him or so as the order of the Justices by means thereof shall not be performed it seemeth every Justice of Peace upon his discretion may bind to the good behaviour and so over to the next Gaol-delivery before the Judges of Assize or to the next Quarter-Sessions such as shall have any hand in such practice c. so of such as by practice c. shall cause the Mother of the Child to be conveyed or sent away or to run away whereby she leaveth her Child to the charge of the Town c. XIV Dalt 37. cap. 11. Two Justices of the Peace one being of the Quorum in or next to the Limits where the Parish-Church is Justices in which Parish any Bastard-child begotten and born out of lawful Matrimony shall be born upon examination of the cause and circumstances shall and may take order by 〈◊〉 discretion as well for the relief of the Parish in part or in all and 〈◊〉 of the Child by charging the Mother or reputed Father with the payment of Money weekly or other relief as also for the punishment of the Mother and reputed Father 18 Eliz. 3. 21 Jac. 28. 3 Car. 1. 4. But such a Bastard-child must be one that is left to be kept at the charge of the Parish or one likely to be or which may be chargeable to the Parish 7 Jac. 4. Poor XV. Quere If the Bastard die before any order if the Justices may make an order for the Parish only or for Midwives Reward c. Dalt 38. Infra § 23. Justices XVI Dalt 25. cap. 6. And yet notwithstanding the Rule Com. 206 b. in Stradling's Case whereas by 18 Eliz. 3. § 1. N. 2. the order to be taken for a Bastard-child is appropriated to two Justices of the Peace one being of the Quorum in or next unto the Parish where such Child shall be born if two such Justices cannot agree upon the reputed Father or in making such order as the Statute requireth or in other execution of the Statute Quere what is to be done I have known the Case lately moved to the Judges of Assize who thought it fit that such
or earn by her Labour and Work and hereof see that you fail not at your peril Dated c. 7 Jac. 4. XXXVIII Dalt 385. ibid. Note If any mean person shall but threaten to run away and leave their Family as aforesaid any two Justices of Peace of that Division may send them to the House of Correction as aforesaid Justices But such their threatening must be proved by two sufficient Witnesses upon Oath before the said Justices of Peace XXXIX Dalt 385. cap. 125. Women A Mittimus to the House of Correction of the Mother of a Bastard-child WE have sent you herewithal the body of I. C. of W. Cambr. ss in the said County single woman being 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 she may thereby the better relieve her self and her said Child These are therefore to will and require you to receive the said I. into your said House there to be punished and set on work during the term of one whole year according to the Statute in that behalf provided and hereof fail you not c. Imprisonm XL. A Mittimus to the House of Correction of the Mother of a Bastard-child after Examination taken Suff. ss WE send you herewithal the body of B. H. being lately delivered of a Bastard-child and now brought before us requiring you her to receive and her safely to keep in your House of Correction for the space of one whole year next ensuing and to punish and to set her on work according to the Statute in that case made and provided during the said time and hereof fail you not c. Recogn XLI A Condition for a reputed Father of a Bastard-child THe Condition c. That if the above-bound O. M. shall and do personally appear at the next General Quarter-Sessions of the Peace to be holden at I. for that part of the County and abide such order as the Justices of Peace shall and do then and there take and make concerning the Bastard-child born of A. B. of C. in the County of S. whereof he is accused to be the reputed Father if the said Justices shall take or make any order therein and in default of such order by them to be taken or made that then if the said O. M. shall and do perform the order therein already made by J. T. and J. S. two of His Majesties Justices of the Peace for the County aforesaid that then c. Poor XLII An Order for a reputed Father of a Bastard-child to discharge the Town Suff. ss WHereas E. C. of R. in the County aforesaid Yeoman hath been heretofore charged to be a reputed Father of a Male Bastard-child late born at P. in the County aforesaid of the Body of S. B. single woman there dwelling at P. aforesaid and the matter being heard and examined by us it appeared to us by the Confession of the said S. B. her self and by the Testimony of divers witnesses taken before us upon Oath that the said E. C. is the reputed Father of the said Bastard-child We do therefore order and adjudge the said E. C. to be the reputed Father of the said Base-child and for the better discharge of the said Parish of P. we do order the said E. C. shall weekly and every week from the Birth of the said Child until he shall accomplish the Age of twelve years or so long as the said Child shall be any ways chargable unto the said Town of P. pay or cause to be paid unto the Church-wardens and Overseers of the Poor of P. aforesaid or some of them towards the relief of the said Base-child twelve pence and at the end of the said term of twelve years to pay to the Church-wardens and Overseers of the Poor of the said Town for the time being the sum of Five pounds of lawful English money to bind the said Child forth as an Apprentice to some honest Trade or Calling In witness c. Poor XLIII An Order for the reputed Father of a Bastard-child to discharge the Town Suff. ss WHereas S. W. of G. in the County aforesaid Widow was lately delivered at G. aforesaid of a Bastard-child named John which is likely to be chargable to the Town or Parish We the Justices of Peace of the County aforesaid whose Names are here underwritten having upon the complaint of the Townsmen of G. aforesaid taken upon us the hearing and Examination of the said Cause do find by divers Examinations testified upon Oath before us that the said S. in the extremity of her Travail did accuse I. B. of G. aforesaid Taylor to be Father of the said Bastard-child And we do also further find by divers other pregnant proofs and circumstances upon Oath that the said I. B. is the reputed Father of the said Child whereupon we do order and adjudge him the said I. B. to be the reputed Father of the said Bastard-child and we do further order both for the relief of the said Parish in part as also for the punishment of the said I. B. that the said I. B. shall weekly and every week from and after the Birth of the said Child so long as the said Child shall be chargable unto the said Parish until the said Child shall attain to the Age of twelve years pay or cause to be paid unto the Church-wardens and Overseers of the Poor of the said Town of G. for the time being for and towards the keeping and education of the said Child the svm of sixteen pence and shall within three months after the said Bastard-child shall accomplish his said Age of twelve years pay at or within the Church-Porch of G. aforesaid unto the Church-wardens and Overseers of the Poor of the said Town of G. for the time then being for and towards the putting out and binding forth of the said Child to be an Apprentice the sum of Three pounds of lawful English money and that the said S. W. so long as she shall not keep the said Child shall likewise pay weekly and every week during the twelve years aforesaid or so long as the said Child shall be chargable to the said Parish unto the Church-wardens and Overseers of the Poor of the said Town for the time being the sum of 6 d. a week for and towards the education and maintenance of the said Child And we do further order that the said S. shall be sent to the House of Correction at W. there to be punished and set on work and there to remain for one whole year now next ensuing according to the Statute and Law in that behalf And lastly we do order that the said I. B. shall become bound in a Bond of Twenty pounds unto M. B. and G. W. two of the chief Inhabitants of the said Town of G. well and truly to perform so much of this
they be named joyntly yet be they Indicted severally and the King may pardon A. without forgiving the other per Markham Ch. J. Record Br. 57. Crompt 132 167. so 34 H. 8. 14. § 3. N. 1. XII Lamb. 4. cap 7. pag. 510. Variance Again if the Indictment be of the stealing of two Horses and the Certiorari speaketh but of one Horse it seemeth that they need not to certifie it at all because of the variance for it is certain that they of the Kings-Bench will not arraign the Indictee upon it but will rather write again to know whether there be any Indictment that agreeth with the Writ 3 Ass 3. per Curiam XIII Lamb. 510. Finally it is noted 8 H. 5. 5. Nosm that Hankford Ch. J. of B. R. observed this order that he which brought thither an Indictment taken before Justices of the Peace should endorse his name upon the backside of it which I note not to teach them of B. R. but to let the Justices of Peace see that there is some heed to be taken of him by whom they sent up their Indictments XIV 4 Ed. 3. 2. § 1. N. 6. Justices The Keepers of the Peace shall send their Indictments before the Justices Assign c. Courts XV. 6 H. 8. 6. § 1. N. 3. And Justices of B. R. may command all Justices of Goal-delivery Justices of Peace and all other Justices and Commissioners and every of them to proceed and determine upon all the aforesaid Bodies and Indictments of Felony and Murder so removed in B. R. after the course of the Common Law in such manner as any of them might or should have done if the said Prisoners or Indictments had never been brought into B. R. Utlary XVI 34 35 H. 8. 14. § 2. N. 1. The Clerk of the Crown Clerk of the Peace and Clerks of Assize where any attainder outlawry or conviction of Murder Burglary Felony c. shall be so had shall not only certifie a transcript briefly and in few words containing the tenor and effect of every such Indictment Outlawry or Conviction and Clerk attainted before them so to be had c. that is to say the Name Surname and addition c. and the certainty of the Felony or other offence c. and the day and place of his Outlawry Conviction and Attainder c. and where and when the said Felony c. shall be done before the King c. at Westm. c. within 40 days next after any such Attainder Conviction or Outlawry if the Term be then and if not then within 20 days of the Term next following the said 40 days but also shall deliver a tranfcript of every such Indictment c. to the Ordinary c. 4 Inst. 182. Lamb. 580. Nosm XVII 34 35 H. 8. 14. § 3. N. 1. That if there be any more persons contained and named in any such Indictment other then such person so attainted convicted or outlawed that then such Clerk of the Crown Assize or of the Peace with whom the Record c. shall remain shall within the time before c. certifie the transcript of such Indictment Outlawry or Conviction only concerning such person so Indicted Attainted Outlawed or Convicted into B. R. at Westm c. Utlary XVIII 34 35 H. 8. 14. § 4. N. 1. That the Clerk of the Crown in B. R. c. shall at all such times as the Justices of Goal-delivery or Justices of the Peace in every County within this Realm of England do write unto him for the names of such persons which be so attainted by Outlawry or Clerks attainted or convict and certified in B. R. shall incontinently and without delay certifie the said Names and Surnames of the said persons with the causes why and wherefore they were convict or attainted unto the Justices of Goal-delivery or Justices of Peace c. Imprisonm XIX 1 2 Phil. Mar. 13. § 7. N. 1. No Writs of Habeas Corpus or Certiorari shall hereafter he granted to remove any Prisoner out of any Goal or to remove any Recognizance except the same Writs be signed with the proper hands of the Chief Justices or in his absence one of the Justices of the Court out of which the same Writs shall be awarded or made Dalt 410. infra § 42. Sessions XX. 21 Jac. 8. § 7. N. 1. That all such Writs of Certiorari of Riot Forcible Entry or Assault c. shall c. be delivered at some Quarter-Sessions of the Peace in open Court Bail XXI 21 Jac. 8. § 7. N. 2. And that the parties Indicted shall before the allowance or such Certioraries become bound unto such c. which shall prosecute such Bills of Indictment against them in 40 l. with such Sureties as the Justices of Peace at their Quarter-Sessions of the Peace shall think fit with condition to pay unto such prosecutors c. within a month after conviction c. such reasonable Costs and Damages as the said Justices of Peace of such Counties where such Bills of Indictment shall be found in the said Sessions of the Peace shall assess or allow Process XXII 21 Jac. 8. § 7. N. 3. And that in default thereof it shall be lawful for the said Justices to proceed any such Writs of Certiorari to remove the same Indictments notwithstanding Ways XXIII 13 14 Car. 2. 6. § 16. N. 1. No Certiorari shall be allowed to remove any Information Indictment Presentment Order or other proceedings in the Quarter-Sessions of for or concerning any matter or thing in this Act viz. for the Tax and Amendment of High-ways c. unless the party c. against whom any such Information Indictment Presentment Order or other proceedings shall be had by vertue of this Act shall before the allowance of such Certioraries become bound to the party c. prosecuting in the sum of Fourty pounds with such sufficient Sureties as the Justices of the Peace at their said Quarter-Sessions of the Peace shall think fit with condition to pay unto the said prosecutors within one month after the conviction c. their full Costs and Damages to be ascertained upon their Oaths and that in default thereof it shall be lawful for the said Justices to proceed to tryal of such Indictments any such Writ of Certiorari to remove the same Indictments notwithstanding XXIV Crompt 131 b. 132 a. Money One was Indict of the Counterfeiting of Money before J. B. Mayor of the Vill of S. and his Companions Justices of the Peace there and because there was no special Commission to enquire of High-Treasons as other Justices of Peace have by 3 H. 5. Stat. 2. cap. 7. which Authority ought to appear in the Title of the Certificate with the Indictment the Prisoner went without day in B. R. whereinto the said Indictment was certified in form aforesaid 2 R. 3. 10. XXV Crompt 132. A Consetvator of
c. for if the Retorn mentions only that they are Justices of the Peace without the former words necnon c. according to the Commission the Retorn is insufficient 12 H. 7. 25. 2 R. 3. 9. Indictment Br. 32. 50. 28 H. 6. 11. Error Br. 13. Lamb. 529. supra § 9. XL. Crompt 143. Recogn A Writ out of the Chancery to certifie a Recognizance that is taken by a Justice of the Peace in the Country for conservation of the Peace is in this manner Jacobus c. Custodibus pacis nostrae in Com' S. eorum cuilibet salutem Volentes certis de causis Certiorari super tenorem cujusdem securitatis pacis vel boni gestus quam A. P. Armig ' nuper invenit coram vobis vel aliquo vestrum de eo quod ipse damnum vel malum aliquod R. S. aut alicui alii de populo nostro de corpore suo nec faceret nec fieri procuraret quovismodo Vobis mandamus quod tenorem securitatis sive boni gestus predict ' nobis in Cancellaria nostra in Octab ' Purificat ' beatae Mariae proxim ' futur ' ubicunque tunc fuerit sub sigillis vestris vel unius vestrum distincte aperte sine dilatione mittatis hoc sub pena cent ' librar ' nullatenus omittatis nec aliquis vestrum omittat Teste meipso apud Westm 23 Jun. Anno c. Dalt 409. cap. 134. XLI Crompt 143 b. Peace The form of a Certificate of a Recognizance of the Peace on the said Writ of Certiorari is in this manner Virtute istius Brevis ego G. S. unus Custodum pacis in Com' S. infrascript ' tenorem securitatis pacis unde infra fit mentio Domino Regi nunc in Cancellariam suam sub sigillo meo distincte aperte mitto prout patet in Schedula huic Brevi consul ' c. and then write the Recognizance verbatim and put your Seal to the Certificate See Rast Entr. 416. Dalt 185 186. cap. 73. Crompt 125 b. Lamb. 108. XLII Dalt 410. cap. 134. Also note Recogn that no Certiorari shall be granted to remove any Recognizance except the same Writ be signed with the proper hand of the Chief Justice or in his absence of one of the Justices of that Court out of which the same Writ shall be awarded or made 1 2 Phil. Mar. 13. § 7. N. 1. XLIII Lamb. 580. The Clerk of the Peace must under the pain of 40 s. Officer certifie in B. R. a true transcript of every Attainder Outlawry and Conviction had before the Justices of the Peace in any place except Wales Chester Lancaster and Durham within 40 days after if it be then Term and if not then within 20 days after the beginning of the next Term that the same may there also appear of Record to be used upon cause as that Statute hath appointed 34 H. 8. 14. XLIV Lamb. 580 581. Accessory And if a Principal be attainted of Murder or Felony in one County whereunto another is Accessory in any other County then upon writing from the Justices of Goal-delivery or of Oyer and Terminer to the Custos Rotulorum where such Principal is attainted he must certifie in writing under his Seal to the said Justices whether such Principal be attainted or otherwise discharged or not that they may proceed thereupon to the tryal of the Accessory 2 3 Ed. 6. 24. § 4. N. 2. XLV Lamb. 581. Indictment But in cases where Justices of the Peace have power to receive Indictments and no power to proceed any further upon them there they ought to send up and certifie the Indictments themselves and that of duty as I think without any Certiorari commanding the same because having none Authority to hear and try the offences the Records thereof shall be unprofitable before them and therefore they can have no just cause to retain them and yet for the more surety it is specially commanded by 5 Eliz. 1. § 3. N. 2. that they shall certifie the Presentments of some offences against that Statute XLVI Lamb. 581 582. And so if a man bound to keep the Peace Recogn do make default of appearance at the next Quarter-Sessions the Recognizance it self together with the Records of that default must be certified into the Chancery B. R. or Exchequer that Execution upon the Recognizance may be had there 3 H. 7. 1. § 1. N. 26. and so ought it as I think to be presented that the party hath forfeited his Recognizance by breach of the Peace and likewise if it be presented before them that the Chattels of a man attainted of Felony be in the hands of another for in these and such other cases where they cannot of themselves proceed they ought to send the Records to such as have Authority to determine upon them and otherwise they do not discharge that duty which the words salvis c. aliis ad nos inde spectantibus in the Commission § 16. do seem to expect at their hands Crompt 141 b. Pope XLVII Lamb. 582. The Abjuration of a Seditious Sectary being made in the open Quarter-Sessions of the Peace ought to be certified from thence to the Justices of Assize at the next Assizes 35 Eliz. 1. § 2. N. 3. Purveyors XLVIII Lamb. 582. Furthermore rhe Stat. of Purveyors 2 3 Phil Mar. 6. § 6. N. 2. doth appoint the Justices of the Peace to certifie to the Treasurer of the Kings Houshold the Dockets of Purveyors brought to rheir Sessions by Constables that the serving of such Commissioners and the true answering of Purveyors may be the better examined thereby Records XLIX Lamb. 582. And although it may be doubted whether these be Records or no yet for that they are to be certified from the Sessions of the Peace I stick not to afford them this place and if you will also repute in this number the Licenses and such other Acts of that kind which pass at the Sessions of the Peace I will not be against it Supersedeas L. Lamb. 583. Touching the Certiorari it is of force if it be made accordingly to remove not only Indictments or other Executory Records wherein the Justices of Peace can go no further but also the Records of Causes fully and lawfully heard and determined by them to the end that they may be reversed and adnulled in B. R. if good matter and cause do require it Courts LI. Lamb. 583. For that preheminence hath the Kings-Bench as you may see by proof yea all other the higher Courts may write to the Justices of the Peace to certifie their Records that do make for the tryal of Causes hanging in them as 19 H. 6. 19. Records Br. 24. where they of C. B. did send to the Justices of Peace for an Indictment because in a Writ of Conspiracy brought before them it was material to have it Indictment
108 b. pl. 27. Crompt 24 b. § 42. 28 b. 29 a. Treason XXV Crompt 20 b. 21 a. § 18. A Feme Servant and a stranger conspire to rob the Mistress and at the time appointed in the night she let him into the House and carried him by a Candle to her Mistresses Bed where she lay asleep and the stranger kill'd the Mistress in her Bed the Maid saying nor doing nothing but held the Candle And Portman Ch. J. de B. R. Brook Ch. J. of C. B. and Hare Master of the Rolls held the Feme a Principal and a Traytor but Brook Ch. Baron Dalison and Saunders Justices é contrà so Dyer 128 pl. But the Law is with Portman and so it was adjudged in the Case of one Blechenden Captain of the Castle of Wallm ' in Kent who about 5 Mariae was kill'd in the Castle by a stranger by assent of one Bigg and others Servants of the said B. being then in the same Castle in a Vault there and not in the Parlor where he was kill'd and was Drawn and Hang'd XXVI Crompt 21. § 3. Nota Justices That the Justices of Peace may enquire of Murder or Pety-Treason because their Commission is de omnibus Feloniis see 3 H. 7. 5 b. An Indictment of Murder taken before Justices of Peace Rast. intr 362. Dyer 69. pl. Crompt 21 b. § 5 6. 28. § 3. Infra § 35. Dalt 234. Infra 38. Lamb. 497. in Indictment § 18. XXVII Pasch 3 H. 7. 5 b. pl. 2. Indictment 22. Br. 47. Justices The Servants of the Bishop of Lincoln were Indicted of Murder in the County of Rutland before the Justices of Peace c. XXVIII Pasch 5 Ed. 6. Dyer 69. pl. 29. Justices And also it was held clearly that Justices of Peace have Authority to enquire of Murder because it is Felony against the opinion of Monsieur Fitzherbert Dalt 52. cap. 20. Infra 35. XXIX Lamb. 4. cap. 5. pag. 485 486. Indictment Where by the way you may see in plain words of this Statute 2 3 Ed. 6. 24. § 2. N. 5. That Justices of Peace may take Indictments of Murder as Murder though Mr. Fitzherbert fol. 17. denieth it saying That they cannot enquire of Murder saving only as of Felony or Man-slaughter And you shall read of an Indictment of Murder before them received 3 H. 7. 5 b. supra agreeable whereunto was the opinion of Hales and Portman Justices as I have seen in a Report of Dalison Justice And of the same mind also were the Justices of 6 Ed. 6. B. R. Dyer 69. Dalt 53. cap. 20 b. Infra 35. XXX Crompt 21 b. § 5. see Rast Entr. 417. Certiorari That an Indictment of Murder taken before Justices of Peace was removed in B. R. and the party thereupon was Arraigned and upon the Arraignment there he pleaded the King's Pardon and it was allowed and the party discharged Coron 360. XXXI 2 Inst 316. On 6. Ed. 1. Gloc ' cap. 9. it is to be observed Justices that Justices of Goal-delivery may take an Indictment of killing a man se defendendo because their Authority is general but Justices of Peace cannot take such an Indictment because their Commission is limited and it is taken not to be within their Commission Dalt 52. cap. 20. Infra § 36. 33. XXXII Crompt 21 b. § 6. see Rast Entr. 246. Justcies An Indictment of Murder taken before Justices of the Peace whereupon the party was Outlaw'd before them was delivered to the Justices of Goal-delivery and thereupon the person Outlaw'd was brought before them to the Bar and because he could say nothing in Arrest of Execution it was adjudged he should be Hang'd But Fitzh in his Book of Justices of Peace 21. is That a Justice of Peace cannot enquire of Murder see Stamf. 15 b. 16 a. That an Indictment taken before Justices of Peace that A. kill'd B. se defendendo is not good because that they have no Authority to take such Indictment as he had heard XXXIII Crompt 28. § 3. Mr. Stamf. 15 b. 16 a. saith Indictment That a Justice of Peace cannot take an Indictmen af him that hath killed another se defendendo as he had heard But Marrow Lect. 12. is to the contrary and it seemeth that in as much as the Justices of Peace have power to enquire of all Felonies that they may enquire of this Lamb. 497. supra 31. XXXIV 23 b. § 28. Riot A Sheriff or Justices of Peace come to suppress Rioters and one of them who comes with the Justice is slain by the Rioters this is Murder as well in him as in all the other Rioters that are present and so was taken 22 Eliz. in the Case of Drayton Basset supra § 7. Crompt 25. § 51. 26. § 12. XXXV Dalt 51 52. cap. 20. Whereas one R. Forgery Smyth was Indicted at the Sessions in Oxford upon 5 Eliz. 14. § 10. N. 1. of Forgery it was adjudged by the whole Court in B. R. 30 Eliz. that the same Indictment was not well taken for although the Justices of Peace by their Commission have power of Oyer and Term of Felonies c. yet forasmuch as there is a Commission of Oyer and Term known distinctly by that name and the Commission of the Peace is known distinctly by another name that the said Indictment taken before the Justices of Peace at their Sessions was not well taken and therefore was quashed The reason of this Case and Judgment seemeth to hold in the former Cases on 3 H. 7. 14. § 1. N. 4. 33 H. 8. 12. § N. 8 H. 6. 12. § 3. N. 2. c. and in all other like Cases where any Statute doth specially give Authority to any other distinct Court or to other Justices or Commissioners leaving out the Justices of Peace to enquire of hear and determine or to try Felons c. there the Justices of Peace at their Sessions cannot enquire thereof 2 Inst 316. Stamf. 15 b. 16 a. supra § 26 27 28 30 31 c. Crompt 56. Infra § 50. Poult de Pace 43. Justices XXXVI Dalt 52. cap. 2. But in the former Cases if any such offender shall be brought before any Justice of Peace and charged with any such Felonies viz. whereof he cannot enquire Quaere how far the Justice of Peace is to deal or what he is to do therein considering the Justices of Peace are no Juudges of such Felonies neither have they any Jurisdiction given them by the Statutes in such Cases And yet it may seem both serviceable and safe for the Justice of Peace to examine the Offence and then to certifie his Examination to such persons as by the Statute are made Judges of the Cause But it seemeth the Justice of Peace on 8 H. 6. 12. § 3. N. 2. of Razures 3 H. 7. 14. § 1. N. 4. of the Kings Servants 33 H. 8. 12. §
1. N. 4. of the Verge 5 Eliz. 14. § 10. N. 1. of Forgery 33 H. 6. 1. § 1. N. 3. Servants imbezelling Intestates Goods may not commit such an Offender to Prison nor bind over the Informers nor take the Information upon Oath Crompt 56 a. b. Imprisonm XXXVII Dalt 55. cap. 20. If one shall bring a man suspected of Felony before any Justice of Peace but refuseth to be bound to give Evidence against the Prisoner either at the Goal-delivery or Quarter-Sessions as the Case shall require if such bringer hath given Evidence before the Justice against the Prisoner or can declare any thing material to prove the Felony and will not be bound to give Evidence upon his Tryal the Justice of Peace upon his discretion may commit to Prison such person so refusing or may bind him to his Good behaviour But if the bringer of a person suspected of Felony cannot declare any thing material to prove the Felony nor any other person then present it seemeth the Justice ought not to commit the Prisoner and so was the direction of Sir David Williams at the Assizes at Cambridge Yet the Justices shall do well to examine the Prisoner and if he shall confess the Felony then to commit him or if the Prisoner be a man of evil same and that there be a Felony committed in these Cases the Justice shall not do well to let him go but at least to bind him over to the next Goal-delivery and in the mean time to take further Inform ' against him Crompt 198 b. Dalt 290. cap. 109. Treason XXXVIII Dalt 234. cap. 91. The Justices of Peace may enquire of Pety-Treason as of Felony and out of their Sessions every Justice of Peace may deal with the Offenders therein as in the Case of Felony by Examination of the Offenders by taking Information against them and binding over the Informers to the General Goal-delivery and by committing the Offenders to the Goal Crompt 21. § 3. supra 26. Enquest XXXIX Dalt 236 237. The Enquiry of such a Felony belongeth to the Coroner and yet if Felo de se be cast into the Sea or so secretly buried that the Coroner cannot have the sight of his Body and so cannot enquire thereof then the Justices of Peace or any other having Authority to enquire of Felonies may enquire thereof for that it is Felony and a presentment thereof before them entituleth the King in his Goods Dalt 247. cap. 97. it 's Quaere XL. Dalt 248. cap. 98. Treason If the Justices of Peace shall Arraign a man of Treason before them at their Sessions who is found Guilty c. and thereupon is Hanged this is Felony as well in the Justices as in the Sheriff or Officer which shall hang him for that the Justices of Peace had no Authority therein but it was coram non Judice Lect. m. Cocke 10. Co. 76. XLI Dalt 248. ibid. Justices If the Justices of Peace shall Arraign a man of Felony upon an Indictment of Trespass whereupon he is Hang'd this is Felony in the Justices but not in the Sheriff or Officer Lect. m. Cocke 10. Co. 76. XLII Dalt 259. cap. 101. Yet may not the Justice of Peace viz. Bail because of variety of opinions Coron 178. Forfeiture Br. 1. Dr. St. 17 c. of the value of Pety-Larceny before whom such an Offender shall be brought out of the Sessions punish by his discretion the said Offender for Pety-Larceny and so let him go but must commit him to Prison or Bail him to the intent he may come to his Tryal as in case of other Felonies and if upon his Tryal the Jury shall find the Goods stolen to exceed 12 d. in value the Offender shall have Judgment to die for the fault XLIII Dalt 268. cap. 104. Bar. Feme Also the Wife is chargable for a Trespass done by her and her Husband together and therefore howsoevever in case of Stealing or of Robbery by Baron Feme it shall be safe for the Justice of Peace in such cases to commit the Wife to the Goal as well as the Husband XLIV Crompt 39. § 7. Escape A Justice of Peace sends for a Felon who is in the Goal and delivers him without Bond for his appearance and after he is Indicted this seemeth to be a voluntary Escape for he is the cause that he comes not to his Tryal and so where a man confesseth a Felony before a Justice of Peace and he lets him go without Bail c. But a thing that is done pro defectu Scientiae is no Felony Dalt 275. cap. 106. 25 Ed. 3. 39. XLV Crompt 44. § 44. Bail A Justice of Peace lets one go without Bail who is brought before him for Felony and confesseth it this is Felony in the Justice as it seemeth for he is the cause that he comes not to his Tryal Quaere 1 2 Phil. Mar. 12. § 3. N. 1. XLVI Dalt 275. cap. 106. Escape If a Justice of Peace or Sheriff shall Bail one who is not bailable this is a negligent Escape if by Ignorance Coron 246. Escape 4. XLVII Dalt 275. cap. 106. Bail But if one that is brought before a Justice of Peace for suspicion of Felony shall confess the Felony before the Justice of Peace and yet he shall suffer the Prisoner to go at large without Bail this is a voluntary escape and so Felony in the Justice XLVIII Dalt 288. cap. 108. If the party Robbed Escape or he that shall have any Goods stolen from him after complaint by him made of the Felony to a Justice of Peace or to a Constable shall then take his Goods again or otherwise be compounded withal and will not prosecute the Felon any further but will suffer him to escape after he was once so charged and perhaps arrested for the same Quaere if this makes not him an Accessary for that he did once agere Criminaliter by complaint made to the Officer against the Felon I think the Justice of Peace shall do well at least to bind over both the one and the other to the next Quarter-Sessions or to the next Goal-delivery and then to acquaint the Court with the whole matter Justices XLIX Crompt 40. § 13. Justices of Peace may enquire of Escapes 1 Rich. 3. 3. § 1. N. 2. 2 H. 5. 8. 3 H. 7. 1. § 1. N. 12. Justices L. Crompt 56 a. b. Nota That the eight Cases following though they are Felonies by Statute yet the Justices of Peace cannot enquire of them as it seemeth 33 H. 6. 1. of Servants Imbezelling Testators Goods 2 3 Ed. 6. 24. of Accessary in another County Nor of Indictment of Felony taken before Coroners or Justices of Goal-delivery or of Oyer and Terminer Nor of 5 Eliz. 14. § 10. N. 1. of Forgery Nor of Razing Records on 8 H. 6. 12. § N. Nor of Conspiracy to
kill Great Officers 3 H. 7. 14. 33 H. 8. 2. of the Verge Nor 13 Eliz. 1. of Libels against the Queens Succession c. Dalt 51 52. supra § 35 36. Lieu. LI. Dalt 289 290. cap. 109. If a man do commit Murder steal Goods or do any other Felony in one County and then fleeth into another County and is taken there and brought before a Justice of Peace there he shall be by the Justice Imprisoned in the Goal of the County where he was taken and after shall be removed by the Kings Writ into the Goal of the County where he committed the Felony But for those that do inform against such Felons the said Justice shall bind such Informers over to appear and to give Evidence against such Felons at the next General Goal-delivery to be holden in that County where the Tryal of such Murder or Felony shall be whither also the said Justice must certifie such Information taken by him Commission LII 10 Co. 76 b. In the Case of the Marshalsea it 's said of a Justice of Peace makes a Warrant to Arrest one for Felony who is not Indicted though the Justice erred in the granting of it 34 Ed. 3. 1. § 1. N. 5. Com. 37 b. 1 R. 3. 3. § N. 2. yet he that made the Arrest by force of this Warrant shall not be punished by Writ of false Imprisonment because he is Judge of the Cause And 14 H. 8. 16. Faux Imprisonment Br. 8. with this agrees But if one be Indict before Justices of Peace and confesseth the Felony and hath a Coroner and becometh an Approver and makes an Appeal such an Appeal before the King was adjudged void as appears in 9 H. 4. 1. 2 H. 4. 19. see 44 Ed. 3. 44. And the reason of this Case as some suppose is because the Commission of the Peace extends only to enquire before themselves audiend ' terminand ' and so the Appeal of the Approver is out of their Commission because an Approver makes not his Appeal before the Justices but to the Coroner and the Coroner records it to the Court But the reason given 9 H. 4. 1. is That the Justices of Peace have no power to assign him a Coroner no more than they can enquire of Treason as there it 's also held because it is not within their Commission Lamb. 542. Infra § 65. Process LIII Lamb. 2. cap. 6. pag. 188 189. There is one thing also whereof I thought meet to admonish our Justices of Peace In this place many of them do give out their Precepts to Attach persons suspected of Felony to the end to have them brought before them which thing is neither newly devised by them nor done without colour 34 Ed. 3. 1. § 1. N. 5. for they have such a Precedent in the old 1561 Book of Justices of Peace fol. 41. And there is no doubt but that if a Felony be done every man may Arrest whomsoever he suspecteth of it but for all that the whole Court 14 H. 8. 16. in Faux Imprisonment Br. 8. 4 Inst. 176 177. condemneth such Precepts because if the Bailiff which serveth the Warrant have suspicion in the party he may of himself without the Warrant Arrest him and if he have not then is the Warrant of a Justice of Peace no Warrant to Arrest him unless he be Indicted before Crompt 147 b. Dalt 303 304. cap. 113. Imprisonm LIV. Dalt 330 331. cap. 117. But I find it much controverted whether a Justice of Peace may grant a Warrant to Attach persons suspected of Felony c. Some hold that the Justice of Peace may grant his Warrant for that it seemeth by the first Assignavimus in the Commission § 5. and by the Stat. 5 Ed. 3. 14. § 1. N. 3. That any one Justice of Peace may cause the Constables to Arrest and Imprison Offenders suspected of Felony c. and how shall the Justice of Peace cause this to be done but by his Warrant or Commandment LV. Dalt 331. ibid. Again if a Felony be done Process there is no doubt but that every private man without a Warrant may Arrest whomsoever he suspecteth of it being a man of evil fame Crompt 171 a. Dalt 337. cap. 118. But if the Offender being pursued shall resist Quaere who shall be aiding to a private man whose Goods are stolen and who suspecteth another to have stolen them either to search for the Goods or to apprehend the party suspected if the Justice of Peace by his Warrant shall not command the Constable to aid him therein If it be objected that the Constable may do all this of his own Authority upon request to him made by the party Robbed Be it true yet we find by common experience that the Constables without the Justices Warrant therein are for the most part both very fearful and also remiss herein as neither knowing their own Authority nor the danger 2 H. 7. 15 16. And yet by the opinion of the Court 14 H. 8. 16. a Justice of Peace cannot make a Warrant to Arrest a Felon unless he be Indicted of Felony or unless the Justice of Peace himself hath suspicion of the Felon But if the Constable or other Officer shall serve such a Warrant he shall justifie the same though the Justice err in awarding thereof see 24 Ed. 3. 9. Coron Br. 3. 4 Inst 176 177. Lamb. Constable 17. LVI 4 Inst 177. Sed distinguenda sunt tempora concordabis Leges Information for since the Statutes of 1 2 Phil. Mar. 13. § 3. N. 1. 2 3 Phil. Mar. 10. § 2. N. 2. if any person be charged with any manner of Felony and Information be given to a Justice of Peace of the Felony or suspicion of Felony and feareth that the Kings Peace may be broken in apprehending of him the said Justice may make a Warrant to the Constable of the Town to see the Kings Peace kept in the apprehending and bringing the party charged with or suspected of the Felony before him and the party that giveth the Information of his knowledge or suspicion to be present and Arrest the Delinquent And in this manner it is implyed and intended by the said Statutes for the Prisoner to be brought before them and this as we take it agreeth with the common use and observance ever since those Statutes and this agreeth also with 14 H. 8. 16. that a Justice of Peace may make his Warrant for the salvation of the Peace meaning to assist the party that knoweth or hath suspicion of the Felony But in this case neither the Constable nor any other can break open any House for the apprehension of the party suspected or charged with the Felony for it is in Law the Arrest of the party that hath the knowledge or suspicion who cannot break open any House but if the doors be open he may enter into the same and Arrest the party
An Indictment against a Servant that stealeth his Masters Goods committed to his keeping Kanc. ss Juratores pro Domino Rege super sacramentum suum presentant quod cum A. B. de E. dicto Com' Mercer 20 die Septembr anno regni c. in domo mansionali ipsius A. B. apud E. predict ' in Com' predict ' deliberasset cuidam E. F. de E. predict ' in dicto Com' Mercer tunc serviens ipsius A. B. pro uno anno integro retento ac etatis 19 annorum existenti 10 l. in pecuniis numeratis de bonis ipsius A. B. ea intentione ut idem E. F. easdem salvo custodivet ad usum predict ' A. B. tunc Magistri sui idem E. F. dicto 20 die Setembr anno supradict ' Apprenticius dicti A. B. tunc non existens apud E. predict ' in Com' predict ' â dicto Magistro suo una cum predict ' 10 l. dicti A. B. tunc Magistri sui malitiose felonice discessit abiit aufugit ea intentione ad furand ' dictas 10 l. contra fiduciam in eo per prefat ' A. B. tunc Magistrum suum repositam collocatam ad inde dictum A. B. Magistrum suum predict ' defraudand ' contra pacem dicti Domini Regis ac contra formam diversorum Statutorum hujus regni Angliae in hujusmodi casu provisorum editorum 21 H. 8. 7. § 1. N. 2. 5 Eliz. 10. Corruption of Bloud see Coron Corporal Pain see Pain Judgment Costs see Damages Cottages see Poor Counterfeits see Forgery County-Courts see Justices Sheriffs Courts see Justices Coupers see Trades Coynage see Money Counsel see Pleading Cries see Fresh-Suit Crosss-Bows see Games Wars Crows see Fowl Cursing see Oaths Curriers see Leather Customers see Merchants Admiral Custus Rotulorum see Peace Cut-purses see Coron Cutting of Tongues Ponds c. see Coron Costs Damages I. 18 Eliz. 5. § 3. N. 3. And that if any such Informer viz. on penal Law c. shall willingly delay his Suit or shall discontinue or be Non-suited or have Verdict or Judgment against him then he shall yield c. unto the party Defendant his Costs Charges and Damages to be assigned by the Court in which the same Suit shall be attempted Days Lent Sabbath Limitation LAmb. 4. cap. 4. pag. 452. Enquiry in Sessions if any person other than by reason of Age Sickness Childing or License have within this year eaten Flesh in Lent or upon any Fish day observed by the custom of this Realm 2. 3 Ed. 6. 19. § N. 5 Eliz. 5. § N. II. Shepherds Clerks Cabinet 17. cap. 3. A Warrant to any forfeiture on 1. Car. 1. cap. 1. § N. W. S. Esquire c. to the Constables and Tythingmen of D. within this County and every of them or to the Churchwardens of D. and C. Whereas the persons undernamed all of your Parish of D. within this County have been lawfully convicted before me that the first day of May last past being the Lords-day did cause or maintain or keep an Assembly Meeting or Concourse at Sale in this County being out of their own Parish for Sports and Pastimes viz. for Foot-ball and for Wrestling or caused an Assembly Meeting or Concourse of People for a Bear-bating or for a Bull-bating or for a Common Play or for Cards and Dice or for Dancing c. contrary to the Acts of Parliament in that case provided by which either of them hath forfeited 3. s. 4. d. a piece for the use of the poor of your Parish to be levied by the Constables or Churchwardens by distress and sale of the Goods of the Offender and in default of Distress to be put in the Stocks three hours These are therefore to Authorize and Require you forthwith to levy the same Sum of 3. s. 4. d. of every of the said named persons and of their Goods respectively by distress and sale thereof rendring to them the overplus And in case of lack of distress that then you see that the same person or persons lacking distress be set publickly in the Stocks by the space of three hours and the same mony forfeited being by you received that you take care the same be by you employed to the use of the Poor of your Parish according to the said Act And hereof fail not c. Given under my Hand and Seal the tenth day of c. W. S. of Dale Husbandman I. S. of the same Yeoman K. L. of the same Labourer N. M. of Sale Yeoman III. Shepherds Clerks Cabinet 19. cap. 30. Warrant on 3 Car. 1. cap. 1. Ways § N. for the forfeiture W. S. c. To the Constables c. It being duly proved before me that I. S. of your Parish of D Glouc. ss a common Carrier c. the first day of c. Anno c. being the Lords day in your Parish of D. aforesaid did being then a common Carrier with his Horse c. Travel into and through your said Parish of D. contrary to the Statute in that case provided by which he hath forfeited twenty Shillings to the use of the poor of your Parish of D. These are therefore to Authorize and Require you forthwith to levy the same twenty Shillings of the Goods of the said I. S. by distress and sale thereof rendring to him the overplus And the same so by you received that you see it be employed to the use of the Poor of your Parish according to the intent of the same Statute and hereof c. Given under my Hand and Seal c. the tenth day of c. II. ibid. A Warrant against a Butcher for killing meat on the Lords day Cattel on 3 Car. 1. cap. 1. To the Constables and Tythingmen of D. and every of them or to the Church-wardens of D. c. W. S. One of his Majesties Justices for this County of G. Glouc. ss assigned to keep the Peace Greeting It being duly proved before me that I. S. of your Town Butcher did in D. aforesaid the first day of May last past being the Lords day kill or cause to be killed Victuals to wit one Calf or did sell Victuals contrary to the Act of Parliament in that case provided whereby he hath forfeited 6. s. 8. d. to the use of the Poor c. These are therefore to Authorize and Require you forthwith to levy the same 6. s. 8. d. c. and hereof you are not to fail c. Given c. III. ibid. To the Constables c. It being duly proved before me or some of his Majesties Justices c. that I. S. of your Parish did the first day of May last Glouc. ss being the Lords day at Dale aforesaid without reasonable cause carry Burthens viz. a Bushel of Wheat to a Mill there or do worldly Labour and Work viz. drive Cattel from one ground to another half a mile distant contrary to the Act of Parliament in
that case provided by which he hath forfeited 5. s. to the use of the poor c. These are therefore to Authorize and Require you c. Given under my Hand and Seal c. Shepherds Clerks Cabinet 20 21. A Warrant upon 1 Car. 1. cap. 1. against Officers for negligence Games To the Constables Churchwardens and Overseers of the Poor of the Parish of N. in the County of Glouc. Glouc. ff Information and Complaint being given in and made unto us W. S. and I. S. two of his Majesties Justices c. that the prophanation of the Lords Day is very much and frequently practised within your Parish by disorderly meetings of young people by Gaming Sports and Pastimes Drinking Tipling and by other means contrary to the Laws in that case provided and that you are negligent in the duties laid upon you by the same Laws These are therefore straitly to charge you henceforth to look to it that no such disorders be hereafter among you but that you forbid the same and that you do from time to time according to the duty of your places make diligent search for the finding out apprehending and punishing of all them that shall be found offenders herein and that you do inform us hereof as occasion shall be And that you or some of you appear before the Justices of the Peace at the house of c. upon c. to bring in the Names in writing of those persons who shall in the mean time offend in the Premisses Letting you to know that if you fail hereof we shall not fail to inflict the punishment appointed by the same Laws upon you for your neglect therein Given under our Hands c. Death see Coron Dear see Forest Deceit see Collusion Deeds see Inrollment Dedimus Potestatem see Oath Demurrer see Pleading Denyal of Offence see Proof Deodand see Coron Departure see Apprentice Deputy see Officer Denizen see Alien Dignity Peers Priviledge nosine Tryals Addition LAmbert 4. cap. 5. pag. 480. even so ought it to have been at the Common Law also viz. before 1 H. 5. 5. of additions in Indictments where process of Outlawry lay c. as touching Names of Dignity made by Creation as Duke Marquess Earl Viscount Arch-Bishop Bishop Knight or Serjeant at Law because every of these Titles was accounted parcel of the Name But it was not so of the Names of Baron Baneret and Esquire which are but Names of Dignity without collation nor of Chancellor Treasurer Chamberlain Sheriff Coroner Escheator Bayliff Dean Arch-Deacon Prebendary or Parson Which are Names of Dignity by reason of Office only unless the presentment did charge them in respect of their Offices II. Lamb. 531. I mean by the word Nobility as our Law speaketh Nosine which calleth none Noble under the degree of a Baron and not as men of foreign Countries do use to speak with whom every man of Gentile Birth is accounted Noble For we daily see that both Gentlemen and Knights do serve in the Parliament as Members of the Commons Howbeit in cases of forcible Entry Riot and unlawful Assembly or such like they of the Nobility shall be tryed by twelve men even as other inferior Subjects 3 4 Ph. Mar. reported by Dalison III. Crompt 134 135. A man who would have the Peace against a Lord Peace or such a Great Man whom the Sheriff durst not Arrest may have a Sub-poena out of the Chancery against him of common right as it was held in the Exchequer Chamber by all the Justices in the Case of the Dutchess of Suffolk 35 H. 6. Subpoena 20. Query If he will not appear upon the Sub-poena if he shall have an Attachment for it was held in the case of the Lord Cromwel in Chancery about 18 Eliz. that an Attachment doth not lye against a Lord where he makes default upon a Sub-poena against him out of the Chancery see Dyer 315. Pl. accord see Rast Entr. 29. The Lord Tiploss threatned and assaulted another and it was made appear and commanded that he should not meddle who promised it see 24 Ed. 3. 33 Contempts Br. 6. the like mattec 17 Ed. 4. 4. IV. Dalt I. S. 16. cap. 68. Recogn the Law hath conceived such an opinion of the peaceable disposition of Noblemen that it hath been thought enough to take one of their promises upon his Honour that he would not break the Peace against a man And therefore if a man shall have cause to have surety of the Peace against a Lord of the Parliament or such Great and Noble Personage he shall not have a Warrant from the Justices of the Peace to that purpose nor yet have a Supplicant out of the Chancery directed to the Justices of Peace therefore but if there be cause he shall have a Sub-poena 20. of common right as it seemeth out of the Chancery and there such Lord c. shall be bound to the Peace c. Contempt 134. V. Dalt 161 162. cap. 68. Arrest But though it be true that the person of a Baron who is a Peer of the Parliament shall not be arrested for or in cases of Debt or Trespass by his Body in respect of their Dignity and Sufficiency yet in cases of Contempt it seemeth they may be arrested by Capias or Attachment c. 27 A. 8. 22. b. 6 Co. 53 54. 11 H. 415. Replevin Br. 19. 9 Co. 45. or else it seemeth that the party may have the Peace in the Chancery against such Lord or Peer to have a Supplicant to the Sheriff c. F. N. B. 79. VI. Dalt 335. cap. 118. Process But the Justices of Peace are not to grant their Warrants for the Peace or the like against any Nobleman And yet if a Capias or Attachment shall be awarded against a Baron or Peer of the Realm from the Kings Justices at Westminster for a Contempt or in case of Debt or Trespass the Officer without any offence of Law may execute the same c. Distress see Process and Replevin Drapery Cloth Dyers Wooll Logwood I. LAmbert 3. cap. 1. pag. 331. Two such Justices quorum unus Corporation may once every year appoint Overseers for the whole year following of Cloth to be made or sold in any Town not being Corporate and may charge them upon their Oaths to see execution of some parts of the Statute 3 4 Ed. 6. 2 P. I. N. 1 Dalt 42. cap. 14. Officer II. Lamb. 364. If any person commanded by two Justices of Peace to appear to be made an Overseer to see 3 4 Ed. 6. 2 § 12. N. 1. kept do without reasonable excuse refuse to come and to take upon him that Office he is to forfeit for every such refusal 40. s. and thereof those Justices are appointed to have the one half Collusion III. Lamb. 461 462. Inquiry at Sessions on 3 4 Ed. 6. 2 § 1. N. 1. If any Clothier have not set
nulla vadiat ' legis per defend ' admittetur nec aliquod essom ' nec protectio allocetur prout in Statut ' predict ' plenius continetur Quidam tamen A. N. c. de com' predict ' Clericus Statut ' predict ' minimè ponderans 8. die Maii Anno Regni c. Emit ' 10. boniculos Angl ' Steers pretii eorum cujuslibet 30. s. illos cuidam ignot ' postea pro lucro proficiuo suo revendidit contra form ' Statut ' predict ' ac contra pacem dicti Domini Regis nunc Coron ' dignitat ' suas VIII Pract. Preced 173. An Indictment for not wearing the Surplice Encumbent Essex ss Juratores pro Domino Rege super Sacramentum suum presentant quod A. B. nuper de C. in com' predict ' Clericus die dominica viz. 1. die Sept. Anno Regni c. apud C. predict ' in com' predict ' viz. in Ecclesia Parochiali ibidem palam publicè dicebat usus fuit preces matutinas vespertinas Anglicè vocat ' Morning and Evening Prayers diversis Parochianis Inhabitantibus ejusdem parochiae in Ecclesia predict ' Ad tunc ibidem presentibus existentibus non Judens vel utens tempore dictionis precationum predictorum aliquo super pellico vocat a Surplice aut aliquo alio ornamento Ecclesiae assignat ' Clericis Ministris utendum infra hoc Regnum Angliae tempore dictionis precationum predict ' quod predictus A. B. predicto die Sept. Anno supradict viz. tempore dictionis precationum predict ' apud C. predict ' in Ecclesia Parochiali predict ' in com' predict ' omnino recusavit Induere sive uti aliquo super pellico contra form ' Statut ' in hujusmodi casu editi provisi contra pacem dicti Domini Regis Coronam Dignitatem suas Eggs see Fowl Aegyptians see Poor Embracery see Maintenance Enquest Embezelling see Collusion War Encumbent see Ecclesiastick Persons Endictment see Indictment Enfant see Infant Enquest Jurors Charge Challenge Fees I. 9 H. 3. 26. Magna Charta Nothing shall be taken for Enquest of Life or Member Amerciament II. 52 H. 3. 24. Justices in Eyr shall not amerce Townships because all above 12 do not appear so there be a full Enquest except on Death of a man Sheriffs III. 3 Ed. 1. W. 1. cap. 11. Favourable Enquests shall not be taken by Sheriffs by the Writ de odio alia but by lawful men chosen by Oath whereof two at least shall be Knights Coron IV. 4 Ed. 1. pag. 28. St. 2. cap. 1. § 1. N. 2. de Officio Coronatores Upon the Oath of four five or six of the next Towns he shall enquire on the body of parties slain the manner c. Writs V. 6 Ed. 1. cap. 9. § 1. N. 1. Glocester No Writ shall be granted out of the Chancery for the death of a man to enquire whether a man did kill another by misfortune or in his own defence or in other manner without Felony Challenge VI. 33 Ed. 1. Ordinance for Enquests pag. 69. § 1. N. 1. Of Enquests to be taken before any of the Justices notwithstanding it be alledged by them that sue for the King that the Jurors of those Enquests or some of them be not indifferent for the King yet such Inquests shall not remain untaken for that cause Leet VII The 33 Articles of Charge in view of Frank-pledge 18 Ed. 2. pag. 84. Alien VIII 14 Ed. 3 4. § 1. N. 2. Englishire shall not be given in charge c. Challenge IX 25 Ed. 3. Stat. 5. cap. 3. No Indicter shall be put in Enquests upon the deliverance of Indicters of Felonies or Trespass if he be challenged for the cause c. Process X. 25 Ed. 3. Stat. 5. cap. 4. None shall be taken by Petition or Suggestion made to the King or Council unless it be by Indictment or Presentment c. XI 42 Ed. 3 4. § 1. N. 2. Commissions Commissions of Enquiry shall be made to some Justices c. Poult de Pace 169 b. § 1. XII 11 H. 4. 9. § 1. N. 3. Retorn No Indictment to be made but by Enquests Returned by Sheriffs without any denomination of parties c. Lambert 391. Dalt Sheriff 119. b. XIII 8 H. 6. 9. § 4. N. 1. Shall have Forty Shillings per Ann. Ability that Enquire of forcible Entry XIV 3 H. 7. 1. § 1. N. 4. Process The Justices of Peace of every Shire may take by their discretion an Inquest thereof each to have xl s. c. per Ann. to enquire of the Concealments of other Enquests taken before them and afore others of such matters and offences as are to be Inquired and Presented before Justices of the Peace whereof complaint shall be made by Bill c. as well within Franchise as without 33 H. 8. 6. § 20. N. 1. Lamb. 396. XV. 3 H. 7. 1. § 1. N. 5. Amerciament And if any such Concealment be found of any Enquest c. had or made within the year after the same Concealment every person of the same Enquest to be Amerced c. by the discretion of the same Justices of Peace the said Amerciaments to be sessed in plain Sessions 3 H. 8. 12. § 1. N. 4. Sheriffs All Pannels to be Returned which be not at the suit of any party that shall be made and put in by every Sheriff and their Ministers before any Justice of Goal Delivery or Justice of Peace whereof one to be of the Quorum in their open Sessions to Enquire for the King shall be reformed by putting in and taking out of the Names of the persons which are to be Impannelled by every Sheriff and their Ministers by discretion of the same Justice before whom such Pannels shall be Retorned Lamb. 395. Dalt Sheriff 120. Poult de Pac. 173. § 8. XVII Articles of charge in the Sessions in Lambert 4. cap. 4. pag. 399. Sessions in Crompt 11. b 12. a Boult 2. pag. 83. XVIII Lambert 396. And because the Jurors of those dayes viz 3 H. 7. Justices 1. § 1. N. 4. were yet wilfull in their Concealments it was provided within Eight years after viz. 11 H. 7. 3. § 1. N. 3. that the Justices of Peace should determine Causes upon Information without any such Presentment but many times in vitium ducit culpae fuga and therefore that Ordinance endured not long c. 1 H. 8. 6. § 2. N. 3. XIX Lambert 525. Tryals So that now again the Tryal of offences ought for the most part to proceed either after the general order of the Common Law or upon such special Examination or other proof as some Statutes do give in special Cases and this hearing at Liberty and Discretion hath seldom any place XX. Lambert 4. cap. 3. pag. 393. Retorn Our Common manner in
patria pro lucro vel proficuo puniantur eisdem modo forma sicut Jurat ' si Jurat ' vel Imbraciat ' Ita convictus non habeat unde in forma predict ' satisfacere possit habeat Imprisonament ' unius Anni prout in ordinatione concordia predict ' continetur Quidam tamen J.H. J.B. J.C. Jurat ' c. in quadam Assiza Novae dissesinae qui nuper summonit ' fuit Coram dilectis fidelibus Domini Regis A. B. C. D. E. F. c. nuper Justiciariis Domini Regis nunc ad assizam illam capiend ' assignati per breve ipsius Domini Regis nunc inter W. S. de L. M. de tenement ' in R. S. in Com' E predict ' postmodum viz. decimo die c. Anno c. Coram prefat ' A. B. C. D. E. F. c. apud W. in Com' predict ' per breve Domini Regis nunc si non omnes capt ' posit ' pro veredicto suo in has parte dicendo de prefat ' J. H. diversas pecuniarium summas viz. predict ' J. H. xl d. predict ' J. B. xl s. predict ' J. C. V. marcas 20. die Octob. Anno c. apud c. ceperunt in dicti Domini Regis contempt ' contra form ' ordinationis concordiae predict ' c. XXVIII Nota 38 Ed. 3. 12. § 1. N. 5. Justices No Justice nor other Minister shall enquire of office upon any of the points of this Article but only at the suit of the party or of other c. Enterludes see Games Entry see Force Escape Fresh Suit Imprisonment Bayl. I. 18 Ed. 2. pag. 84. § 32. the view of Fr. Pledge to enquire of persons Imprisoned and let go without Bayl. Leet II. Lambert 134 135. If the Constables do arrest one that hath hurt another Constable and do voluntarily suffer him to escape and then he that was hurt dyeth thereof within the year and day the Constable shall make a great Fine and that to the value of his Goods in the opinion of some 11 H. 4. 2. Lambert 228. and Stamf. 35. but yet the offence shall not have such relation to the time of the stroke as to make the escape to become felony thereby Com. 263. Crompt 39. § 5. Poult de pace 148. § 3. Dalt 274. c. 106 Justices III. 1 Rich. 3 Cap. 3. § 1. N. 3. That Justices of Peace have Authority to Enquire in their Sessions of all manner of Escapes of every person Arrested and Imprisoned for felony Lambert 4. cap. 4. pag. 434. Crompton 40. § 13. Bayl. IV. Crompt 39. § 7. A Justice of Peace sends for a Felon who is in the Goal and delivers him without Bond for his appearance and afterwards he is Indicted it seemeth this is a voluntary Escape for he is the cause that he cometh not to his Tryal and so where a man confesseth a felony before a Justice of Peace and he lets him go without Bail but a thing that is done pro defectu scientiae is not Felony 2 R. 3. 10. Poult de Pace 149. b. § 9. Boult 97. Cap. 22. Arrest V. Crompt 40. § 10. If a man be arrested for suspicion of Felony and delivered to a servant to carry him to the Goal and he suffers him voluntarily to Escape the Master shall not be Impeacht for this but he that suffered the Escape per Curiam 10 Ed. 4. 17. Poult de Pace 150. b. § 19. Coron 328. 337. Indictment VI. Crompt 40. § 15. A man stole certain sheep and sold them and another took him for suspicion and delivered him to the Bailif and 4 others to keep who let him go because they had no Indictment nor other thing against him and afterwards the Theif was Indicted and thereupon the Constable and the 4. were charged with the Escape because he was arrested for suspicion of the Felony 43 Ed. § 3. 36. N. Ass 12. Boult 96. Stamf 35. b. Amerciament VI. 3 H. 7. 1. § 1. N. 6. The Law of the Land is that if any man be slain in the day and the felon not taken the Township where the Death or Murder is done shall be Amerced Dalt 291. Crompt 40 b. 41. a. Poult de Pace 150. a. b. § 14. 22. Imprisonment VIII Dalt 272. cap. 106. If a Goaler a Constable or any other which hath a Prisoner under Arrest for Felony or suspicion thereof voluntarily letteth or suffereth him to go at liberty tho this be no breaking of Prison yet this is Felony in the Goaler Constable or him that letteth such Prisoner escape but it is no Felony in the Prisoner but if such a Prisoner shall escape by the negligence of his Keeper then the Felony resteth in the Prisoner only and not in the Goaler c. Escape Br. 32. Stanf. 31. Traverse IX Poult de Pace 151. § 28. And touching those which be Prisoners of Record the Keeper of the Prison cannot traverse the Escape but confess and avoid it as in alledging that the Prison was Burnt or Broken by the Kings Enemies or by saying that he which is supposed to be escaped is not the same Prisoner which was Committed to him Process X. Poult de Pace 151. § 29. A Prisoner by matter in fact is where one is Prisoner by Arrest only whether it be by the Sheriff the Constable or any other and he doth escape there the Escape shall be presented before he answer unto it and this Presentment ought to be before the Justices c. that they have Authority to enquire thereof as appeareth 3 Ed. 1. W. 1. cap. 3. Dalt 275. cap. 106. Stanf. 35. 11. Co. 64 65. Imprisonment XI Lambert 2. cap. 7. pag. 227. Now as to this purpose it is called a breach of Prison whether it be out of the Goal Stocks or Possession of any that hath the keeping of the party arrested for Felony tho he be not Indicted thereof before Coron 158. Dyer 99. a. pl. 312. pl. Stanf. 35. Boult 93 cap. 22. Marriage XII Dalt 272. cap. 106. If the Goaler or Keeper shall Marry a Felon which is in his Goal this is an Escape but Quaere if it be Felony in the Goaler or no. Officer XIII Dalt 273. cap. 106. But in these Cases viz. on 14 Ed. 3 c. 10. § 1. N. 3. I have observed the favourable exposition and dealing of the learned and Reverend Judges I. In 9. Co. 98. that the Goalers who have the actual possession shall be answerable for Escapes if they have wherewith Also II. Popham Cheif Justice did cause one Stoner a Goaler at Cambridge to be Indicted Arraigned and Hanged for the Escape of a Felon suffered by him XIV Dalt 273. cap. 106. in Dr. St. 135 137. cap. 42. Lach. This difference is taken that if the Escape were by default scil a negligent Escape of the Goaler that
because the Statute 15 R. 2. 2. § 1. N. 3. is that the Justice shall Record the Force and Commit him and this is for the King as in the Case where a Constable Arrest one that would assault him he may Imprison him till he will find Sureties of the Peace per Curiam 5 H. 7. 6. faux Imprisonment Br. 42. and yet I heard Flowerdew Justice of Assize at Stafford in his Charge there say That it hath been often seen that a Justice of Peace who hath executed his Office in his own Case hath been punisht in the Star-Chamber 43 Eliz. 7. § 3. N. 1. Dalt 344. cap. 120. § 2. XX. Lambert 2. cap. 4. pag. 147. And as the Statute 8 H. 6. 9. § 2. N. 3. Costs saith that this ought to be done at the Costs of the party grieved so Marrow thinketh that unless these Costs be tendered before hand the Justice needeth not to stir about it But howsoever he being then a practicer in the Law might think it good to stand upon his Fee yet I advise our Justice of the Peace to go forward as having more regard of his Credits Oath and Duty Costs Br. 2. XXI Lambert 147. Neither ought the Justice to Stagger Droit or stay at at all about the right or wrong of his Title that entreth or holdeth forcibly for considering that 5 R. 2. 7. § 1. N. 2. doth without exception prohibit all Entry with Force howsoever the Entry be otherwise lawfull and seeing also that 8 H. 6. 9. § 3. N. 3. permitteth no forcible holding but only where three years possession have gone before and weighing moreover that both they and 15 R. 2. 2. § 1. N. 3. do together labor to repress force and Violence and have also made the Justice of Peace their Minister therein I see no cause why the Justice of Peace who perhaps shall want sufficient learning in the Law to discern of the right or title and yet may be both a fit person to remove the Force and able enough to restore the possession should be tyed to the discussion of the right or title of either of the parties and this I gather upon the opinion of all the Court 9 H. 6. 19. Entre 5. Forcible Entre Br. 18. which was the very next year after the making of the last of these Statutes where it is said that Acc. Sur Stat. Br. 7. is for the right only and must say Illicite ingressus est or ubi ingressus non datur per legem But the Indictment is for the Force in respect of the King to whom the party shall make Fine although his right be never so good and sound 22 H. 6. 18. Crompt 74. 164. b. 166. b. Dalt 197 198. cap. 77. 210. cap. 81. Justices XXII Lambert 148 149. And therefore the Justices of the Peace may boldly proceed in this business taking with him sufficient power of the Country by his Discretion and therein the Sheriff also if need do require as well for the Arresting of such as he shall find to Enter or hold forcibly against these Laws as also for the removing of the Force which they bring and for the conveying of them to the next Goal as persons thereof Convicted by his own Eye Testimony and Record Boult 123. cap. 29. § 8 9. Record XXIII Lambert 149 150. The Record of the Force Kent ss Record Memorandum quod 8. die mensis Januarii Anno Regni c. Questus est mihi S. L. uno Justiciar ' dicti Domini Regis ad pacem in dicto Comitatu conservand ' Assignat ' quidam A. B. de W. in dicto Com' Yeoman quod C. D. de W. predict ' nonnulli alii pacis dicti Domini Regis perturbatores ignoti in Domum Mansionalem ipsius A. B. in W. predict ' manu forti ingressi sunt ipsum A. B. inde Dissesiverunt ac eandem manu forti Armata potentia adhuc extra tenen ' ac proinde petit ' a me sibi in hac parte remedium Apponi Quae quidem querimonia petitione audita ego prefatus S. L. Immediate ad dictam Domum Mansionalem personaliter accessi ac in eadem Domo adtunc inveni prefatum C. D. quosdam E. F. G. H. c. Domum illam vi Armis manu forti Armata potentia viz. Arcubus sagittis Gladiis pugionibus Galeis loricis tenentes contra formam Statuti in Paliament ' Domini Rich. nuper Regis Angl ' secund ' Anno Regni sui XV. tent ' provisi ac contra form ' diversorum aliorum Statutorum ac propterea ego prefat ' S. L. predictos C. D. E. F. G. H. adtunc ibidem Arrestavi proximaeque Goalae dicti Domini Regis apud M. in dicto Comitatu duci feci ut de dicta manu forti tentione per visum Recordum meum convictos ibidem moraturos quousque Fines dicto Domino Regi pro transgressionibus suis predictis fecerint Dat' apud W. predict ' sub sigillo meo die Anno supradict ' per me prefat ' S. L. Dalt 391. cap. 129. Crompt 74. b. Imprisonment XXIV Lambert 150 151. The form of the Mittimus to the Goaler may be thus Kent ss G. C. one of the Justices of the Peace of our Soveraign Lord the Kings Majesty within his said County of K. to the Keeper of his Majesties Goal at M. in the said County and to his Deputy and Deputies there and to every of them Greeting Whereas upon Complaint made unto me this present day by A. B. of W. in the said County Yeoman I went immediately to the Dwelling House of the said A. B. in W. aforesaid and there found C. D. E. F. G. H. of W. aforesaid Laborers forcibly and with strong hand and Armed power holding the said house against the Peace of our said Soveraign Lord and against the form of the Statute of Parliament thereof made in XV. year of the Reign of our late King Richard the Second Therefore I send you by the bringers hereof the Bodies of the said C. D. E. F. and G. H. Convicted of the said Forcible holding by my own View Testimony and Record Commanding you in his Majesties Name to receive them into your said Goal and there safely to keep them untill such time as they shall make their Fines to our said Soveraign Lord for the said Trespasses and shall be thence delivered by order of the Law of the Land hereof fail you not upon the Peril that may follow thereof Given at W. aforesaid under my Seal the day and year abovesaid by me the said G. C. Crompt 74 b. 75. Dalt 391. cap. 129. Poult de Pace 38. § 15. XXV Crompt 62. § 16. The Queens Attorney viz. Sir Gilbert Gerard Amerciament exhibited a Bill in the Star-Chamber on 17 R. 2. 8. because the Sheriff and Justices of Peace of Stafford did not remove the
Inquire of such as having been Robbers beyond the Sea were come over hither and would not labour as they were wont and lastly it Authorizeth them 34 Ed. 3. 1. § 1. N. 6. to take Surety of the Good Behaviour of such as be defamed namely as I think for any of those former offences for so it standeth well together that they shall both punish such as have already so offended and shall also provide that others shall not likewise offend and even so do they of the Chancery understand it as by their special Supersedeas which I afterwards received from them upon that Writ c. I did well perceive Writs V. Crompt ibid. 135. b. 136. a. He that is not of Good Fame or Name nor of honest Conversation but of male Disposition Barretors and perturbers of the Peace that are like to do Murder Homicide Strifes Discords and other Grievances to the Kings Liege people in their Bodies by reason of the Premisses shall be bound to their Good Behaviour as appears by Writ out of the Kings Bench which followeth Jacob. Dei Gratia c. Vicecom ' S. Salutem quia datum est nobis intelligi informari per relationem testimonium multorum fide dignorum Com' tui quod A.B. de W. in Com' predict ' Armiger J.C. de eodem Yeoman non sunt bonorum nominis famae nec conversationis honestae sed malae dispositionis Barratores Pacis nostrae perturbatores ita quod veresimiles sunt facere Murdrum Homicidium Lites Discordias alia Gravamina Damna inter ligeos nostros de corporibus suis pretextu premissorum indies oriri Ideo tibi precipimussicut pluries tibi precipimus quod non omittas propter aliquam libertatem in Balliva tua quin attachias prefatos A. B. J. C. ita quod eos habeas coram nobis a die Paschae in 15 dies ubicunque tunc fuerimus in Angliae ad inveniendum tunc coram nobis sufficientem securitatem de se bene Gerendo erga nos cunctum populum nostrum juxta form ' Stat ' inde editi provisi sub certa pena eis per nos tunc imponend ' cum prefatos A. J. seu eorum alterum virtute hujus brevis sic attachiat ' tunc eos per sufficientes manucaptores qui eos seu eorum alterum manucapâ—re voluerit sub certa pena eis eorum cuilibet per te rationabiliter imponend ' tam pro die sua conservand ' quod pro seipsis medio tempore bâ—ne gerend ' in Ballium usque ad prefatum Terminum dimittatis pro officiorum in hac parte faciend ' duos solidos quatuor denarios de utroque prefatorum A. B. J. C. solummodo capias hoc nullatenus omittatis periculo incumbent ' habeas ibi hoc breve E. J. Popham apud Westmin 12 die April 2 Eliz. see Mich. 17 18 Eliz. This Writ is founded upon 34 Ed. 3. 1. that speaks that Riotors Barrators Misfeasors and those that are not of good Fame shall be bound to the Good Behaviour Forfeiture VI. Lambert 118. Moreover it seemeth to me that all these Statutes 1 Mar. 1. 2. cap. 3. § 6. N. 2. against disturbing Preachers 5 Eliz. 21. § 2. N. 6. against takers of Fish Deer or Hawks Crompt 135. on 23 Eliz. 1. § 5. N. 2. against not coming to Church 39 Eliz. 4. § 5. N. 2. against hinderers of Execution against Rogues 3 Jac. 13. § 2. N. 3. against unlawfull Hunting That all these Statutes have this one meaning that a party so bound may afterwards Forfeit his Recognizance if he eftsoons offend against the said Statutes Imprisonment VII Lambert 118 119. Besides this 13 H. 7. 10. its admitted by the Opinion of the Court that if a man in the night season haunt a house that is suspitious for Bawdry or use suspitious Company then may the Constable Arrest him to find Surety of his Good Abearing Crompt 135. b. Dalt 189. Bastardy VIII Lambert 119. ibid. And therefore it shall not be amiss at this day in my slender Opinion to grant Surety of the Good Abearing against him that is suspected to have begotten a Bastard Child to the end that he may be forth-coming when it shall be Born c. And if this Medicine might lawfully be applied to Shoomakers Taylors Weavers and other light persons that without Testimonial or other good Warrant do flit out of one Shire into another not only that evil of Bastardy but many other mischiefs might be either prevented or punished thereby Dalt 191. Suspition IX Lambert 119 120. But for some advice by the way in conceiving rightly this suspition mark what Bracton Writeth Suspition ariseth from Fame and from Fame and Suspition arise violent presumption But that Fame which induceth Suspition ought to arise among the Good and Grave and yet not once but often Suspition also ariseth upon a Precedent compact to which we must stand till the contrary be proved X. Lambert 120. Justices Now the further that this Bond of the Good Abearing doth extend the more regard there ought to be taken in the Awarding of it and therefore although the Justices of Peace may have power to grant it either by their own discretion or on the complaint of others even as they may that of the Peace yet I wish rather that they do not command it but only upon sufficient cause seen to themselves or upon the Suit and complaint of divers and the same very honest and Credible persons Dalt 330 331. cap. 117. 188. cap. 74. XI Crompt 135. b. Justices One Justice of Peace may bind a man to the Good Behaviour who is a Common Barretor c. 13 H. 7. Kell 41. pl. see the words of the Commission § Lambert 120 121. 9 Ed. 4. 3. Dalt 187 188. Crompt 138. infra XII Dalt 187. cap. 74. The Peace is not broken without an Affray Peace Lambert 116. Battery Assault Imprisoning or extremity of Menacing whereas the Good Abearing may be broken and Recognizance Forfeit without any of these as namely 1. By the extraordinary number of people attending upon the party bound 2. By wearing of Harness or other Weapons more then usual 3. By using words or threatnings tending or inciting to the breach of the Peace 4. By doing any thing tending to the breach of the Peace or to put the people in dread or fear tho there be no actual breach of the Peace yet Note these four c. are also causes to bind a man to the Peace yea they are breaches of the Peace c. XIII Dalt 187. Recognizance This Surety of the Good Behaviour is to be granted at the Suit of divers and those being men of Credit and to provide for the safety of many whereas the Surety of the Peace is usually granted at the request of one and for the
preservation of the Peace chiefly towards one XIV Dalt 187. ibid. Justices Also this Surety of the Good Abearing is most commonly granted either in open Sessions of the Peace or out of the Sessions by two or three Justices of the Peace whereas that of the Peace is usually granted by one Justice of Peace and out of Sessions Dalt 366. infra XV. Dalt 187 188. And yet by the words of the Commission as also by the Common opinion of the Learned Lambert 120 121. Crompt 135. b. 14 H. 7. 8. supra Any one Justice of Peace alone and out of the Sessions may grant this Surety of the Good Abearing and that either by their own discretion or upon the complaint of others as they may that of the Peace But this is not usual unless it be to prevent some great and sudden danger especially against a man that is of any good Estate carriage or report Crompt 138. infra XVI Dalt 189. cap. 75. I lately granted the Good Behaviour against one for that he had bought Ratisbane and mingled the same with Corn Coron and then wilfully and malitiously did cast the same among his Neighbours Fowls whereby most of his Fowls dyed and it was holden to be a Good cause to bind the Offender over by the whole Bench and since I have known it allowed as a Good Cause by the Judges of Assize XVII Dalt 189. The Justice of Peace also upon his own discretion Suggestion and without complaint may bind to the Good Behaviour any other person which in his presence or hearing shall misbehave himself in some outragious manner of Force or Fraud and may Commit such person to the Goal if he refuse to be bound Recognizance XVIII Dalt 189. It is also grantable against such as be of Evil Name and Fame generally but more specially against such as are Defamed or Detected in any of these particulars 1. For resorting to houses suspected to maintain Adultery or Incontinency 2. The Maintainers of suspected Bawdy houses 3. Common Whores or Whoremongers 4. Night Walkers that be suspected to be Pilferers or otherwise like to disturb the Peace or that be persons of Evil Behaviour or that shall keep Company with such Evesdroppers Cutters of Gates Carts Pens c. 5. Persons suspected who live Idly and yet fare well or are well aparelled having nothing whereon to Live except on Examination they give a good account Dalt 354 And 6. Common Haunters of Alehouses Taverns and Common Gamesters but more especially if they have not whereon to Live 7. Common Drunkards twice Convicted by 7 Jac. 5. 21. Jac. 7. § N. 8. Such as use to go on Messages for Theeves London XIX Crompt 140. § 21. One who had ill Women in his House in London was Committed untill he were bound to Good Behaviour and this was so odered at the Sessions at Newgate 28 Eliz. by Wray and Anderson Chief Justices and Manwood Chief Baron Dalt 189. cap. 75. XX. Dalt 190. cap. 75. Fresh Suit Also the Good Behaviour seemeth grantable against such as shall make false Outcryes or shall raise Hue and Cry without Cause for these are disturbers of the Peace Crompt 179. If one man doth levy Hue and Cry upon another without Cause either of them may be Attached and bound over as Disturbers of the Peace 29 Ed. 3. Trespass 252. tamen Quaere Concerning him upon whom the Hue and Cry is levied except he be either a man of evil Fame or that there be some Felony Committed Collusion XXI Dalt 190. Also it seemeth grantable against Cheaters and Coseners Slander XXII Dalt 190. ibid. Libellers it seemeth also my be bound to their Good Behaviour as Disturbers of the Peace whether they be the Contrivers the Procurers or the Publishers of the Libell c. by Writings Words or Pictures c. 5 Co. 125. and no matter whither true or false Execution XXIII Dalt 191. The Sheriffs Bayliff upon a Warrant from the Sheriff to make Execution of the Goods of A. went into the house of A. finding the door open and A. shut the doors upon the Bayliff and so deteyned him as a Prisoner in his House and Sir Robert Houghton one of the Judges of the Kings Bench thought it a good cause to grant out Process de bene Gerendo against A. for thus abusing an Officer of the Law Anno 17 Jac. Contempt XXIV Dalt 191. It seemeth that he which shall use words of contempt or contra bonos more 's against a Justice of Peace tho it be not at such a time as he is Executing his Office yet he shall be bound to his Good Behaviour Religion XXV Dalt 192. Disturbers of Preachers by the Statute 1 Mar. 1. 2 cap. 3. § 6. N. 2. And destroyers of Fish by 5 Eliz. 21. § 2. N. 6. and shall be bound to the Good Behaviour at the Sessions Pope XXVI Dalt 192. § 5. Popish Recusants absenting from Church shall be bound in B. R. by 23 Eliz. 1. § 5. N. 2. Pardon XXVII Crompt 135. He that is Attaint for Felony and hath a pardon shall find Surety for the Good Behaviour with six Mainpernors during his Life by 10 Ed. 3. 3. § N. Dalt 192. § 6. Coro XXVIII Crompt 135. He that is acquit of Felony shall be bound to the Good Behaviour if he be of ill Fame or ill Gesture Rast Entr. 361. Dalt 192. § 6. Poult de Pace 118. XXIX Dalt 193. To be Drunken is a Breach of the Good Behaviour Ale as Sir Nicholas Hide did deliver it in his Charge at Cambridge Lent Assizes An. 3. Car. 1. XXX Dalt 193. cap. 75. Whether the Surety of the Good Behaviour taken upon complaint may be released by any special person Release some do doubt it because it seemeth more popular then the Surety of the Peace yet others do hold that it may be released either by the Justice of Peace himself that took it in discretion or by the party upon whose complaint it was granted even as that for the Peace may Dalt 176. cap. 71. 391. cap. 128. Lambert 123. XXXI Dalt 193. ibid. Supersedeas It seemeth also a Supersedeas of the Good Behaviour my be granted by the Justices of Peace as well as for the Peace mutatis mutandis upon Good Sureties c. Crompt 237. Dalt 365. cap. 122. 390. XXXII Cr. 146. Certiorari If a man be bound to the Good Behaviour before Justices of the Peace and to appear at the Assizes next c. the party bound may remove the Recognizance into the Chancery before the day and then he shall not be bound to appear at the Assizes for they have no Record whereon he can be demanded there and such a Certiorari was obtained de Banco Regis Hill 24 Eliz. to the Justices of Peace in Com' Staff to certifie such Recognizance of the Good Behaviour taken of one Ashenhurst Dalt 193.
Mayor and Traverseth the Imprisonment in London and thereupon Demurrer and adjudged that the Inducement to the Traverse was not good for a Justice of Peace cannot deteyn a person suspected in Prison but during a convenient time only to examine him which the Laws intends to be three days and within that time to take his Examination and send him to Prison for he ought not to deteyn him as long as he pleaseth c. neither ought he to deteyn him in Prison in his own house but he is to Commit him to the Common Goal of the County for otherwise when the Justices come to deliver the Goal he is not in the Goal and may not be delivered and so should lye longer then is reasonable see 2 Ed. 4. 8. 3 H. 4. cap. 10. and here he took not any Examination but delivered him over to the New Mayor without Examination which was not Lawfull Dayes VIII Crompt 169. b. A man cannot keep in his house or Custody him that is taken for suspition of Felony above a day and a night and then must send him to the Kings Goal on pain of Ransome by Britton 19. cap. 11. 20 Ed. 4. 6. Faux Imprisonment Br. 27. Sheriffs IX Lambert 429. Inquiry on 4 Ed. 3. 10. § 1. N. 2. If any Sheriff or Goaler have denied to receive Felons by the Delivery of any Constables or Townships or have taken any thing for receiving of such Dalt 341. cap. 18. X. Lambert Constable 18. But this is to be marked that c. where such an Officer hath Arrested or hath in his Ward any Offender that ought to be carried to the Goal there such an Officer is not bound forthwith to carry him but may well for a reasonable time keep him in the Stocks untill that convenient provision of strength may be made to convey him safely thither and when he shall bring such Offender to the Goal then ought the Goaler to receive the same freely without taking any thing of the Officer for it Crompt 169. b. XI Crompt 176. b. § 17. Process The Vill shall be charged to carry the Prisoner to the Goal 4 Ed. 4. cap. 10. Crompt 170. Coron 328. Costs Br. 4. and it seemeth that it shall be at their charge where it s prayed See the Statute 14 Eliz. 5. § N. For carrying Rogues to the Goal See 10 Ed. 4. 7. Dalt 340. cap. 118. 3 Jac. 10. § 1. N. 2. XII Dalt 340 341. If a man be Arrested for Felony Constable and the Constable shall carry him to the Goal and the Goaler will not receive him the Constable must bring him back to the Town where he was taken and that Town shall be charged with the keeping of him untill the next Goal Delivery by the opinion of 10 H. 4. 7. Escape 8. or the Constable or other party that Arrested him may in such case keep the Prisoner in his own house as it seemeth 11 Ed. 4. Faux Imprisonment Br. 25. XIII Crompt 170. b. The Justice commands one to Arrest another Justices who doth it in presence of the Justice this is an Arrest by the Justice himself and needs no Warrant c. 14 H. 7. 8. otherwise it is of the King tho it be in his presence per Curiam if he hath no specialty 16 H. 6. Monstr 182. XIV Crompt 170. b. False Imprisonment against a Justice of Peace for Imprisonment of one without a cause Dyer 275. 2 Inst 591. XV. Crompt 171. Imprisonment almost in all Cases Amerciament is but to retein him untill he hath made a Fine and if he offers his Fine he ought to be delivered presently and the King cannot justly retein him in Prison after the Fine tendered Imprisonment Br. 100. which saith that it was so determined in Parliament Ann. 2. Mar. 1. But if the Statute gives Imprisonment there he shall remain by discretion of the Court where the time is not limited in certain by the Statute 13 H. 7. 34 H. 6. 24. Crompt 172. b. Dalt 34. 1. cap. 118. 11. Co. 43. XVI Crompt 171. Nota per Thorpe Arrest It is an Imprisonment in any Case where a man is Arrsted against his Will tho it be in the High Street or elsewhere tho he be not Imprisoned in any House 22 Ass 8. 5. Crom. 38. Dalt 335. cap. 18. Crompt 38. § 1. Dalt 271. cap. 106. XVII Crompt 172. Justices of Peace Games and Head Officers may resort to a place suspected and Imprison the Keepers of Common places of Bowling Tenice Dicing Carding or other Unlawfull Games and those who play there untill they have found Surety by Recognizance to the King to leave it by 33 H. 8. 9. § N. XVIII Crompt 172. ab Justices of Peace and other head Officers who find or know any person using or exercising any Uunlawfull Game against the Satute 33 H. 8. 9. § N. may commit such Offender to Custody without Bayl or Mainprise untill he be bound by Obligation to the Kings use that he will not use such Unlawfull Games c. XIX Crompt 172. b. Such who keep Common Alehouses without being Licensed Ale the Justices may Commit to Prison without Bayl or Mainprise by the space of three days and before his delivery he shall be bound with two Sureties that he shall not keep any Common Alehouse c. peace XX. Crompt 172. b. A Justice of Peace may arrest one to find surety of the Peace and afterwards let him go without being bound to the Peace and yet the Party shall have no Remedy frr this Imprisonment for it is for his advantage and he is a Judge of Record Fitzh J.P. 10. 9 Ed. 4. 3. Dignity XXI Dalt 333. cap. 18. The Justices of Peace are not to grant their Warrants for the Peace or the like against any Noble-man but against Ecclesiastical Persons they may in some Cases a Feme-covert may be imprisoned by the Justices of Peace for a Force or a Riot but an Infant though of years of Discretion yet he shall suffer no Imprisonment nor other corporal Pain for any Offence committed or done by him against any Statute except that an Infant be expressed by name in the Statute Imprisonment Br. 101. Coverture 68. Com. 364. Dr. Stud. 147 148. Lamb. 81 82. Coron XXII Dalt 336. cap. 118. For Misdemeanours done against the Kings Peace as for Treason Felony or breaking of the Peace c. the Offenders as well by the Common Law as by divers Statutes may be arrested and imprisoned by the Officers of Justice and sometimes by private Persons without either Presentment Process Precept Warrant or other Commandment and these being by the Law of the Realm are warranted by the aforesaid Statute of Mag ' Chart ' 9 H. 3. 29. Arrest XXIII Dalt 337. cap. 118. Any man suspecting another of a Felony committed or only intended may arrest him so as thereupon he commits him to the
of the Person to whom the Offence was done 4. The Name and Value of the thing in which the Offence was committed 5. The Manner of the Fact and the Nature of the Offence Treason Murder Felony or Trespas Dalt 402. cap. 131. Exposition XII Lambert 492 493. In an Indictment of Murder murdravit is necessary Crompt 101. § 4. of Burglary must be burglariter c. Crompt 106. § 12. of Rape quod felonice rapuit c. Dalt 403. cap. 131. Acc. S. Stat. XIII Lambert 494 495. And if the Indictment be founded upon a Statute it ought to say contra form ' Statuti in hujusmodi casu editi provisi or when many Statutes do concern one Offence as in the case of Liveries and such like contra form ' diversorum Statutorum without special naming of any and then the best shall be taken for the King Crompt 104. § 49. but an Indictment of a Riot without saying contra formam Statuti c. is not good because Crompt 102. § 18. it is no Riot but by that Statute viz. 13 H. 4. 7. and yet it is not of necessity Dalt 401. cap. 131. that the Statute be verbally rehersed but only that the Offence against the Statute be sufficiently and with full words described Crompt 1. 79. Dyer 363. Again it is not safe to recite the dayes or places of the beginnings Continuances and Prorogations or Dissolutions of the Parliaments lest by mistaking any of them the whole Indictment fall to the ground thereby Dyer 203. Crompt 104. § 51 53. Justices XIV Lambert 4. cap. 5. pag. 496 Generally the Justices of Peace may receive Indictments before themselves of all Causes being either within their Commission or within the Statutes whereof they have to enquire Sheriffs XV. Lambert 496. And they may also receive Indictments taken before the Sheriff in his Turn lawful that is to say so that the Turn be holden within the Month after Easter or within the Month after Michaelmas 31 Ed. 3. 15. § 1. N. 3. that those Indictments or Presentments be indented and sealed between the Sheriff and the Jurors 1 Ed. 3. Stat. 2 cap. 17. § 1. N. 1. and so that they be made by the Oath of twelve men at the least 13 Ed. 1. W. 2 cap. 13. § 1. N. 2. and that these Jurors be of good fame and Legales homines that may dispend yearly 20 s. of Freehold or 26 s. 8 d. of Copyhold 1 Rich. 3 4. § 1. N. 2. and for this purpose the said Statute 1 Ed. 4. 2. § 1. N. 4. binds the Sheriff to certifie the Justices of the Peace at their next Sessions the Indictment found in his turn or Law-day Crompt 105. b. § 67. Poult de Pace 170 171. XVI Lamb. 496. Ibid. Lect. It seemeth also by way of admitting in 27 H. 8. 2. Indictment Br. 1. that the like ought to be done of the Presentments of Felony in any Leet by vertue of 1 Ed. 2. 4. § 1. N. 4. but that is further to be enquired of for I find no better warrant for it see Kitch 8. b. they must be indent within 1 Ed. 3. St. 2 cap. 17. Crompt 106. § 69. XVII Lambert 497. ibid. This is certain Justices that Justices of Peace ought to receive Indictments found in any Leets or Law-days upon the Statute made for the breeding of Horses to which end also the Court-holders of such Leets or Law-days are bound to certifie the same unto them within the space of forty days c. 32 H. 8. 13. § 8. N. 2. XVIII Lamb. 497. Justices Justices of the Peace have none Authority to receive an Indictment of the killing of a man se defendendo saith Stanf. 15. b. 16. a. as he had heard say but enquire further thereof for though it be not Felony as appeareth by the Statute of Gloucester 6 Ed. 1. cap. 9. § 1. N. yet be there other words in their Commission § 9. extending to give them power to hear and determine of such an Offence Crompt 21. § 3. in Coron § 26. XIX Lamb. 497. ibid. Forests But they are not to receive an Indictment for the killing of a Hart purloin'd for the jurisdiction of it belongeth to the Justices of the Forest 21 H. 7. 30. per Fineux XX. Lambert 497. ibid. Records And as it seemeth they may reject an Indictment that findeth any matter of record as Utlary or such like unless it be shewed to the Jurors sub pede sigilli for Jurors are to find matter in deed only and not of record 1 H. 7. 6. 3. H. 7. 1. 10. XXI Lamb. 497. â—bid Sheriffs And so if the Sheriff will offer Indictments of Liveries Ravishment of Women or of Felonies by Statutes or of such other Causes whereof they have no power to enquire in their Turns the Justices of Peace ought to reject them 4 Ed. 4. 31. 18 Ed. 4. 5. 22 Ed. 4. 2â— Stanf. 87. XXII Lambert 498 499. Justices And for that end viz. that the Justices of office may see that Bills be sufficient c. 24 Ed. 3. 74. c It is the manner in some places to command that the Enquest take no Bills but only such as the Justices themselves have first perused howbeit as it is certain that the Enquest may safely do the contrary so long as the Bills do carry good matter and allowable form so I will advise that the Justices shall rather peruse the Bills after that the Evidence shall be thereupon given to the Jury than to put their pens into them before that the Enquest shall be informed taking it to be not only no hinderance at all to the Service but also the most wary and secure way for the Justices themselves to walk for tho 35 H. 6. 14. 12 Ed. 4. 18. it be said if a Bill of Indictment be delivered to a Justice of the Peace at or before the Sessions which he promiseth to read and to deliver to the Jury and so doth accordingly that he shall not be charged for it in a Writ of Conspiracy yet may it be thereupon doubted whether he shall be excused if upon conference had he do busie himself either to draw engross or amend the Bill before it be preferred to the Enquest that shall have it And seeing that the Justices do commonly receive the Bills from the Enquest with their express assent to amend any defect of certainty in the form only and may also award a Ven ' fac ' against the Indictors to amend a Bill upon their first Oath at any time before it be removed 22 Ass Indictment Br. 12. 8 H. 5. 8. Indictment 28 Stanf. 97. a. so that the Business is not a whit impeached by this forbearance there is no cause as I think for the Justices of Peace to anticipate the matter before the right time but rather to leave the first drawing and ingrossing of the Bills to
the Clerk of the Peace or other Ministers of the Court and after the Evidence given than to consider whether they be formal or ought to be reformed Crompt 109. § 1 Justices XXIII Crompt 101. § 1. The Court of Office ought to see that the Indictments be sufficient in matter apparent Lamb. 498. 24 Ed. 3. 74. Counsel XXIV Crompt 105. § 56. The Defendant shall not have Counsel against the King in an Indictment of Felony if it be not for matter of Law otherwise it is in an Appeal 9 Ed. 4. 22. Aprovement XXV 105. b. § 61. An Approvement is as an Indictment and he that is approved shall be arraigned thereon 21 Ed. 3. 17. but a Justice of Peace cannot take an Approvement because he cannot assign a Coronor 9 H. 6. 4. Coron 457. Justices XXVI Crompt 105. b. § 63. A Bill of Indictment upon any Trespass that is contra Pacem or upon which a man shall have a Writ of Trespass upon the Case for Deceit may be taken before Justices of the Peace because the Writ is contra Pacem Fitzh J. P. 12. Suggestion XXVII Lamb. 4. cap. 6. pag. 500. In some cases these Justices may hear one another for every Justice of Peace may upon his proper Knowledge make Presentment at the Sessions of any Offence done against 2 and 3 Ph. and Mar. 8. § N. and 5 Eliz. 13. § N. of High-ways and in this and such like Cases his Report hath the force of a Presentment of twelve men so that he and his Fellows may proceed upon it 21. H. 6. 5. Crompt 125. b. Officer XXVIII Lamb. 500. ibid. Of like value is a Presentment made at the next Sessions by Searchers appointed to examine the true making of Tile 17 Ed. 4. 4. § 1. N. 19. Crompt 125. b. Constable XXIX Lamb. 500. ibid. And of some such like strength also as I think is the Presentment of the Constables concerning sundry Points contained in the Statute of Winchester 13 Ed. 1. Stat. 2. cap. 6. § 4. N. 12. Crompt 125. b. Ways XXX Lamb. 500. But I doubt whether any such force be in a Presentment there made by the Surveyors of the High-ways in the Weilds of Kent c. by order of 39 Eliz. 19. § 5. N. 3. for as I think that amounteth to none other but only to give matter to the Justices of Peace to charge the Enquirers there withal Suggestion XXXI 25. Ed. 3. Stat. 5. cap. 4. § 1. N. 2. None shall be taken by suggestion or Petition to the King or Counsel unless it be by Indictment and Presentment c. Poult de Pace 148. § 7. Riot XXXII Crompt 125. b. A Certificat to the King and Counsel by two Justices of the Peace and the Sheriff or under-Sheriff of a Riot that is not found by Jury it shall be as an Indictment by 12 by 13 H. 4. 7. § N. Tryal XXXIII Crompt 125. b. A Presentment Bill or Information against Drovers and Badgers on 5 Eliz. 12. § N. on Examination of two lawful Witnesses shall be as if he had been indicted by twelve men Infant Amerclament I. 52 H. 3. 24. Justices in Eyr shall not amerce Townships because all being twelve years old come not afore the Sheriffs and Coronors to make inquiry of Roberies Burning of Houses and other things pertaining to the Crown so there come a full Enquest c. except for the death of a man whereas all being twelve years of age ought to appear War II. 13. Ed. 1. Winch. Stat. 2. cap. 6. § 1. N. 2. Every man between fifteen years of age and sixty shall be assessed and sworn to Armour according to the quantity of their Lands and Goods 31 Ed. 1. pag. 71. § 1. N. 11. Articles on Winch. repeal'd 21 Jac. 28. § 11. N. 44 69. Apprentice III. 21 H. 8. 7. § 2. N. 1. Provided that this Act of Servants Felony in Imbezelling Masters Goods above 40 s. shall not be prejudicial to any Apprentice or any person within the Age of 18 years c. IV. Dalt 82. cap. 31. Covenant By the Common Law such a Covenant or Retainer of an Infant under 12 years of age was void but now by 5 Eliz. 4. § 25. N. 2. every Tiller of a Plow-land may receive Apprentice above Ten and under Eighteen years of age but 5 Eliz. 4. § 36. N. 1. none shall be bound to enter into any Apprentiship other than such as be under 21. V. 43 Eliz. § 5. N. 1. Poor That Church-wardens and Overseers by consent of two Justices may bind poor Children Apprentices until Men come to 24 and Women to 20. c. VI. Dalt 199 200. cap. 77. Force An Infant of the age of Eighteen years by his own act may commit a forcible Entrie or detainer and so he may though he be under Eighteen if so be he be of age of Discretion viz. of the age of Fourteen years see Perkins 10. b. pl. and it seemeth the Justice may fine him therefore but yet it shall be good Discretion in the Justice of Peace to forbear the Imprisonment of such Infants Imprisonment Br. 43 45 75 101. for an Infant shall suffer no Imprisonment or Corporal Pain for any Offence by him committed against any Statute wherein an Infant is not expresly named 7 Jac. 6. § N. VII Dalt 222. cap. 88. Also Women and Children may commit a force Peace may commit Larceny and may be bound to the Peace as Breakers of the Peace Dr. Stud. 147 148. Crompt 29. b. Dalt 269. cap. 104. VIII Lamb. 2. cap. 2. pag. 79. An Infant Good behaviour though within Fourteen years of age may demand and ought to have surety of the Peace Marrow and I do not find any strong reason why any man against an Infant above the age of Fourteen years ought not upon good Cause to have it though perhaps an Infant cannot be bound for himself Dalt 163. cap. 68. IX Dalt 236. cap. 92. Ideor If one that wanteth Discretion killeth himself as an Infant c. he shall not forfeit his Goods Crompt 29. b. X. Dalt 247. cap. 97. Forfeiture If he that is casually slain be under Fourteen years of age nothing shall be forfeited to the King as a Deodand for him as it seemeth Coron 283. Stanf. 21. Information Suits Acc. S. Stat. Actions Indictment Action popular Suggestion Presentment Suggestion I. LAmb. 4. cap. 6. pag. 501. Albeit we read 1 Ed. 5. 6. that the Court of Chancery will sometimes both take Knowledge and also award Process upon an Information by word in the behalf of the Prince and that 39 H. 6. 41. surmise Br. 3. also admitteth such matter yet I think that before Justices of the Peace these Suggestions and Informations both be they by Word or Writing are but of the force to stir up the Justices to recommend the Cause to the
Enquest and not to award any Process upon them unless it be in certain Cases where that validity is especially given them by the Statutes c. Acc. S. Stat. II. Lamb. 501. ibid. There was once a time I confess when Justices of the Peace might have awarded Process upon an Information for the King only of the Offences against any Penal Laws even as they may yet upon Indictments against the Peace but that lasted not long and therefore that Course is holden now in special Statutes only 2 Inst 420. Information III. Lamb. 502. ibid. Nevertheless at every Sessions saith Judge Prisot 35 H. 6. 15. the Justices of the Peace do use to make Proclaimation that if any will inform for the Prince he shall be heard and thereupon any man may come in and may both inform the Justices of the Peace and give Evidence to the Enquest without Danger of Conspiracy by the opinion of the Court. Addition IV. Lamb. 502. ibid. In this Information the Statute of Additions 1 H. 5. 5. seemeth upon the bare words to have no place for Informations be not mentioned in it and upon that reason the Court 13 H. 7. 21. Addition Br. 67. did hold it clear That if Rescous be returned by the Sheriff against certain Persons without their Additions yet in that Case they may well be outlaw'd upon it Evidence V. Lamb. 502 503. ibid. The other Compulsory Information groweth by Examination of Witnesses called into the Court and is set forth in the Statute of Drovers 5 Eliz. 12. § 8. N. 1. where it appeareth that upon the Examination of two lawful Witnesses the Justices of Peace may make Process as if it were upon an Inquisition of twelve men the like might be done upon 4 5. Ph. Mar. 2. § 8. N. 2. of Armour and the very like also may they do upon 5 6 Ed. 6. 14. § 10. N. 1. which last Statute seemeth for this point to have been followed as a Pattern by the other two so rightly they tread in the steps of the same hereto also you may add the Examination of the Master and Mariners for Transporting Corn and Victuals against 1 2 Ph. Mar. 5. § 6. N. 1. Suits VI. Lamb. 503. Now of those that seek to inform the Court for Profit ensuing to themselves alone the Knowledge that cometh this way is by the private Suit and proper Action of the Party and is therefore in 11 H. 6. § 1. N. 1. termed a Suit between Party and Party whereof that Statute had no less Consideration than of those other Suits that be for the King himself and therefore provided that they also should not be discontinued by new Commissions of the Peace to be made Parliament VII Lamb. 504. ibid. The Justices of Peace have power to enquire here and determine of all the Defaults against the Statute 23 H. 6. 11. § 3. N. 1. concerning the levying the wages of Knights of the Parliament as well by Enquiry at the Kings Suit as by Action at the Suit of the Party so may they hear and determine by Information Action of Debt or Bill the Offence against the Statute of Laborours 5 Eliz. 4. § 39. N. 2. And likewise by Information or any other Action the Offences against 5 Eliz. 21. § 6. N. 1. of taking Fish Deer or Hawkes c. in which and such like the Justices of Peace ought to proceed after the usual manner of other Courts of Record at the Common Law if I do not mistake it and therefore I will go no further with it c. VIII 3 H. 7. 1. § 1. N. 4. Enquest The Justices of Peace of every Shire may take by their Discretion an Enquest whereof every man shall have 40 s. per Annum at least to enquire of the Concealments of other Enquests taken afore them and afore other of such Matters and Offences as are to be enquired and presented before Justices of the Peace whereof Complaints shall be made by Bill or by Bills as well within Franchises as without Lamb. 396. IX 2 3 Ph. Mar. 3. § 3. N. 2. Cattel Moity of forfeiture for not rearing Milch-Kine c. to party that within one year after the Offence committed will sue for the same in any Courts of Record or before the Justices of Peace in the same Shire where Forfeiture shall be had at the General Sessions who shall have power to hear and determine the same Offences by Bill Information Presentment Action of Debt or Detinue c. Crompt 126. X. Lamb. 4. cap. 3. pag. 396. And because the Jurors of those dayes Tryals viz. 3 H. 7. 1. § 1. N. 4. were wilful in their Concealments it was provided within eight years after viz. 11 H. 7. 3. § 1. N. 3. that the Justices of the Peace should determine Causes upon Information without any such Presentment but many times in vitium duâ—it culpae fuga and therefore that Ordinance endured not long c. 1 H. 8. 6. § 2. N. 3. Lamb. 524. XI Lamb. 525. So that now again the Trial of Offences ought for the most part to proceed either after the general order of the Common Law Evidence or upon such special Examination or other Proof as some Statutes do give in special Cases and this hearing at liberty and Discretion hath seldom any place XII Lamb. 433. Enquiry in Sessions Agreement if any common Informer or Promoter as he is commonly called have compounded or agreed with any person for any Offence against any Penal Law without the Order and Consent of some of the Courts at Westminster or have willingly delayed or discontinued his Suit once commenced 18 Eliz. 5. § 3. N. 1. XIII Crompt 83. ab Enquiry on Sessions upon 18 Eliz. 5. § 1. N. 1. c. Item whether there be any common Informer Appearance who doth not exhibit his Information in his proper person or doth not persue it by himself or by his Attorney in Court or if he antidates the time of the exhibiting thereof or sueth out any Process before the Information exhibited or compounds with the Offender before his Answer made in the Court or then without order of the Court the Offender in this Case shall stand upon the Pillory two hours in some Market Vill next adjoyning to the place where the Offence is committed and forfeit 10 l. and shall not be allowed after for an Informer XIV Crompt 126. Cattel Justices of Peace may hear and determine by Presentment Bill Information or Plaint the Offences of such as kill Waynlings under the age of 2 years to the intent to sell them by 24 H. 8. 9. § N. XV. Crompt 126. They have power by 1 H. 8. 7. § N. as well by examination as by Presentment Coron to hear and determine the Offences of Coronors for not executing their Office according to the Statute Maintenance XVI Crompt 126. The
Justices of Peace may hear and determine as well by Information as by Indictment the Offences Committed against the Statute of Reteyners Liveries Maintenance Imbracery Bow-staves Archery Unlawfull Games Forestallers Regrators Victuallers and Innholders by 33 H. 8. 10 § N. 37 H. 8. 7. Pope XVII The Laws c. 71. c. 86. upon 23 Eliz. 1. § 11. N. 1. The Axis upon which all popular Suits for Recusancy depend See in tit Pope 79. Incontinence see Bastardy Infidels see Religion Incumbent see Encumbent Ecclesiastick persons Ingrossing see Market Overt Innkeeper and Innholder see Hostler Inmates see Hostler Cottages Inquest see Enquest Inrolement Deeds Inrolled Bargain and Sale Records Justice I. LAmbert 196. If any one Justice of the Peace do Joyn with the Clerk of the Peace in taking the Inrolement of an Indenture of Bargain and Sale of Lands Tenements or Hereditaments lying in that County where he is Justice it is sufficient as it seemeth by the words of the Statute 27 H. 8. 16. § 1. N. 2. Fees II. Lambert 365. The Justice or Justices of the Peace that do Joyn with the Clerk of the Peace in taking the Conusans of an Indenture of Bargain and Sale of Land to be Inrolled shall have 12 d. therefore if the Land exceed not in value 40 s. by the year and 2 s. 6 d. if it do exceed that value by 27 H. 8. 16. § 1. N. 4. Lambert 430 431. III. Crompt 59. § 31. It is Extortion in the Clerk of the Peace if he takes above 12 d. for Inrolement of a Bargain and Sale of Land that exceeds not xl s. per Annum or above 2 s. 6. where the Land exceeds the value of xl s. per Annum by 27 H. 8. 16. and in the Justices of Peace that for the Conusance take above the said Summs in the said Cases by the said Statute Lambert 430 431. Crompt 177. b. Intendment Suspition Sugestion Proofe Bastardy I. LAmbert 119. It shall not be amiss at this day to grant Surety of the Good Abearing against him that is suspected to have begotten a Bastard Child Inventory see Ordinary Iron works see Mettle Judgment see Justices Execution Juglers see Games Issues see Enquest Forfeiture Jurisdiction see Justices Jurors see Enquest Justices Jurisdiction Judgment Sessions one Justice two Justices three Justices Courts Commission Records I. LAmbert 1. cap. 4. pag. 20. And then withal viz. during the Imprisonment of Ed. 2. Commission it was ordained by Parliament in the Life time of that Deposed King and in the very first entry of his Sons Reign 1 Ed. 3. 16. That in every Shire of the Realm Good men and Lawfull which were no Maintainers of Evil nor Barretors in the Country should be assigned to keep the Peace which was as much to say that in every Shire the King himself should place special Eyes and Watches over the Common People that should be both willing and wise to foresee and be also enabled with meet Authority to repress all intention of uproar and Force even in the first seed thereof and before that it should grow up to any offer of Danger so that for this cause as I think the Election of simple Conservators or Wardens of the Peace was first taken from the people and translated to the Assignment of the King II. Lambert 1. cap. 5. pag. 26. Patents If the King do grant unto a man to be a Justice of Peace during his Life within a certain Precinct without any other words he shall continue such a Justice during his Life and shall have all that power that a Warden or Conservator of the Peace had and perhaps such power also as is given to a Justice of the Peace by express words in any Statute but he shall not have all that power which is ordinarily given to the Commissioners of the Peace by their Commission Marrow III. Lambert 1. cap. 7. pag. 33 34. Joynder And for the better restraint of the increase of Justices of Peace it was Enacted that no Association should be made to the Justice of Peace after their first Commission 12 R. 2. 10. § 1. N. 7. which Law though it be not to be Abrogated till this day yet was it long since ended by making of New Commissions that had more new Justices thrust into them and truly it seemeth to me that together with the like ambitious desire of Bearing Rule in some the growing Number of the Statute Laws Committed from time to time to the Charge of the Justices of Peace hath been the cause that they also are now again increased to the overflowing of each Shire at this day Dalt 19 20. cap. 5. IV. The Form of the Commission of the Peace for each County is as thus in Middlesex Lambert 1. cap. cap. 8. pag. 35. Midd ' ss Carolus secundus Dei Gratia Angliae Scotiae Franciae Hiberniae Rex Fidei Defensoris c. precharissimo Consanguineo Consiliario nostro Principi Ruperto Comiti Palatino Rheni Duci Cumbriae Constabular ' Castri de Windsor c. predilecto fideli consiliario nostro Heneagio Dom. Finch Dom. Cancellario nostro Angliae Peace c. Salutem 2. sciatis quod assignavimus vos conjunctim divisim quemlibet vestrum Justiciarios nostros ad Pacem nostram in Com' nostro Middlesex conservand ' 3. ac ad ea omnia Ordinationes Statuta pro bono Pacis ac pro conservatione ejusdem Statutes pro quieto regimine gubernatione populi nostri edita in omnibus singulis suis articulis in dicto Comitatu nostro tam infra Libertates quam extra juxta vim formam effectum eorundem custodiend ' custodiri faciend ' Contempt 4. ad omnes contra formam Ordinationum vel Statutorum vel eorum alicujus in Comitatu predicto Delinquentes castigand ' puniend ' prout secundum formam Ordinationum vel Statutorum illorum fuit faciend ' Coron 5. ad omnes illos qui alicui vel aliquibus de populo nostro de corporibus suis vel de incendio domorum suarum minas fecerint ad sufficientem securitatem de pace vel bono gestu suo erga nos populum nostrum inveniend ' coram vobis seu aliquo vestrum venire faciend ' si hujusmodi securitatem inveniri recusaverint tunc eos in Prisonis nostris quouscunque hujusmodi securitatem invenerint salvo custodiri faciend Enquest 6. Assignavimus etiam vos quoslibet duos vel plures vestrum quorum aliquem vestrum vos prefat ' Principem Rupertum Dom. Cancellarium Angliae c. unum esse voluimus Justiciarios nostros ad inquirendum per Sacramentum proborum legalium hominum de Comitatu predicto per quos rei veritas melius sciri poterit de omnibus omnimodis feloniis veneficiis incantationibus sortilegiis Arte Magica transgressionibus forestallariis
the same kind within the same limits it is implyed thereby for avoiding of Repugnancy in the service that the former Commissioners shall have no longer power although there be never a word spoken of the discharge of them 3 Mar. 1. Commissi Br. 24. But yet if there be Justices of Peace by Commission in a whole County and afterwards the King makes another man Justice of the Peace in one Town of the said County Choke only against others was of opinion 10. Ed. 4. 7. Commission Br. 20. that the power of the first Commissioners continued still in that Town because it is not altogether contrariant and Judge Fineux 20. H. 7. 8. held also that if the King make a proper Justice of the Peace within a special Liberty yet may the General Justices of the Peace of that Shire meddle there unlss there be words of Prohibition in the Patent c. but it is plain by the preamble of 2 3 Ph. Mar. 18. § 1. N. 2. that the Law was taken that if a Commission of the Peace were first granted to certain within a Town and after another Commission had been granted to others within the whole Shire that this had been a Supersedeas to the Commissioners within the said Towns Crompt 187. b. 188. a. 189. Notice XIX Lamb. 68 69. Howbeit this Determination of the old Commission that we speak of groweth not immediately by the making of a new Commission but either after the reading or proclaiming of the new Commission at the Sessions of the Peace or at the full County or else by holding of some open Sessions by vertue of the new Commission in all which cases the old Commissioners must take notice of the new Commission or else after the giving of notice of the new Commission unto the old Commissioners for otherwise all the mean Acts of the old Commissioners are good in Law by Marrow 21 H. 6. 29. 34. Ass 28. Commission Br. 14. Crompt 189. Abatement XX. Lamb. 69 70. It is to be noted that in all Cases whereby an Ancient Commission of the Peace is determined by a new yet no Process or Suit hanging before the old Commissioners shall be discontinued thereby 11 H. 6. 6. § N. 1 Ed. 6. 7. Commissioner XXI Lamb. 71. But ask of this if Commission be repeal'd by the coming of the Justices in Eyr or B. R. into the County for if it should be so then it may be some question also what is wrought by the coming of the Justices of Nisi prius who do ordinarily bring Commissions of Oyer and Term and of Goal-delivery with them Crompt 188. b. Adjournment XXII Lamb. 69. Lastly if Justices of the Peace made pro hac vice do sit by vertue of their Commission and do not adjourn the same it seemeth their Commission Br. 11. 7. is determined thereby Crompt 188. b. Quaere Peace XXIII Lamb. 80 81. One Justice of Peace saith Mr. Marrow may grant surety of the Peace to any man against one of his fellow Justices c. Dalt 163. cap. 68. but I doubt not that one Justice of Peace if he will may pray surety of the Peace at the hands of his fellow Justice against another person c. Crompt 122. § 36. 134. b. Next Justice XXIV Lamb. 94 95. If the party shall yield to find surety of the Peace then may he be at his Liberty if the Precept proceed ex officio and without the Writ of Supplicavit to go to any other Justice of the Peace to offer his surety for such is the opinion of Fineux 21 H. 7. 20. Tho. Peace Br. 9. Faux Imprisonment Br. 11. Dalt 167. cap. 69. liketh better to give the Election thereof to the Officer F. N. B. 81. Crompt 89 90. See 9 Ed. 4. 31. 5 Co. 59. b. Fosters Ca. and I do remember that a Justice of Peace was by the order of Star-Chamber thrust out of the Commission only because he refused to accept surety of the Peace offered unto him upon a Warrant awarded by one of his fellow Justices to whom the party as he alled'gd durst not go to give it for fear that he would execute upon him the malice that he bear against him Supersedeas XXV Lamb. 96. If a Justice of Peace will by a Supersedeas discharge a Precept for the peace awarded by his fellow Justice by vertue of his Office and not by force of a Supplicavit which is of a higher nature and cannot be so avoided then shall he do well to take the Recognizance of the peace after the self same sort in all points as the form of the former Precept doth require XXVI Lamb. 120. b. Good Behaviour Although the Justices of Peace have power to grant the Good Behaviour either by their own Discretion or upon the Complaint of others even as they may that of the Peace yet I wish rather that they do not command it but only upon sufficient cause seen to themselves or upon the Suit or Complaint of divers and the same very honest and credible persons XXVII a. Lamb. 130. Jurisdiction A Justice of Peace is undoubtedly for punishment of Breaches of the Peace endowed with no less power than every private man or any Constable hath as it is plain by 9 Ed. 4. 3. 14. H. 7. 8. XXVIII Lamb. 132. Affray If one do make an Affray upon a Justice of the Peace Constable or such other Officer he may not only defend himself but may also apprehend the Offender and send him to the Goal till he will find surety for the Peace 5 H. 7. 6. and the Justice or Constable may if need be command Assistance of the Kings people for the pacifying of an Affray XXIX Lamb. 140. Force This Statute of 8 H. 6. 9. § 2. N. 3. enableth any one Justice of the Peace to give remedy in this hurt of Forcible entry and holding and is made as well against such as enter with force and hold them peaceably and against those that enter in peaceable sort and then maintain their Possession forcibly as also against as many as do both enter and hold in forcible manner F. N. B. 148. Crompt 194. b. § 3. 4. 3 Ed. 419. forcible Entre Br. 15. XXX Lamb. 182. Upon the whole matter Riot viz. of 14 H. 7. 8. Justice of Peace 9. Br. 7 c. one Justice of the Peace alone may do somewhat to prevent a Rout or Riot before it be done and for the stay of it whilst it is in doing but nothing in effect to punish it as a Riot or Rout when it is committed or done for as Judge Fineux saith the Statute which I take to be 34 Ed. 3. 1. § 1. N. 2. rather than 13 H. 4. 7. § 1. N. 1. which by express words requireth two Justices at the least present was given as a hasty remedy and for to prevent a Mischief being imminent and
such Hospital and they three may charge the Accountant under penalty to lose such Sum of Mony as they shall think meet to account and not to delay it c. 14 Eliz. 5. § N. 39 Eliz. 18. CIII Lamb. 352 353. Two Justices of the Peace Bastard the one being of the Quorum in or next to the limits where the Parish Church is in which a Bastard Child left to the charge of the Parish shall be born ought to take order by their discretion as well for the relief of the Parish and keeping of the Child as also for the punishment of the Mother and reputed Father thereof 18 Eliz. 3. § 2. 2. N. Crumpt 199. Dalt 37. cap. 11. CIV Lamb. 353. Two Justices of Peace the one being of the Quorum Tythes upon complaint by any competent Judge of Tythes for any misdemeanour of the Defendant in a suit of Tythes may cause him to be attached or committed to Ward till he find Surety unto him by Recognizance to the King's use to obey the Process and Sentence of that Judge 27 H. 8. 20. § 1. N. 7. Crumpt 200. CV Lamb. 353. Tythes Also upon complaint in writing by an Ecclesiastical Judge that hath given definitive Sentence in Case of Tythes against one which wilfully refuseth to pay the Tythes or Sums of Mony so adjudged two such Justices may cause the party to be attached and committed to the next Goal till he find such Surety as is aforesaid to perform that Sentence 32 H. 8. 7. § 4. N. 1. Certificat Br. 31. CVI. Lamb. 353 354. Fresh Suit◠After Execution had for the party Robbed against the Men of the Hundred and upon complaint made by them so charged two Justices of the Peace one being of the Quorum of the same County inhabiting within the said Hundred or near unto it where any such Execution shall be had may Assess and Tax ratably and proportionably by their discretions all and every the Towns Parishes Villages and Hamlets as well of the said Hundred as of the Liberties within the same towards an equal Contribution to be had for the relief of them against whom such Execution was had Dalt 22. cap. 6. 27 Eliz. 13. § 5. N. 1. CVII Lamb. 354. Two Justices of Peace Wayes whereof one to be of the Quorum which were present at the Session wherein any person was Convicted for any offence against the Statute 27 Eliz. 19. § 2. N. 3. of High-ways within the Wield of Kent Surry or Sussex may make Warrant for levying the forfeits thereof to any Officer and they also may appoint by their discretion such ways and means to levy the doubles for not paying those forfeits within twenty days next after lawful demand of the same by such Officer 39 Eliz. 19. § 4. N. 6. CVIII Lamb. 354. Poor Any two Justices of the Peace have power to hear and determine all Causes that shall grow in Question by the Statute of Rogues 39 Eliz. 4. Dalt 21. cap. 6. 154. cap. 66. CIX Lamb. 354. Two Justices of Peace of or near the place to which a Soldier or Mariner cometh with a Testimonial of one Justice of Peace shall take order by their discretion for setting to work or relieving of him if he cannot of himself get work there or imploy himself in lawful course of Life 39 Elizab. 17. § 6. N. 1. Dalton 22. cap. 6. Drapery CX Lamb. 355. Two Justices of Peace dwelling next any City or Town where any Retailer of Woollen Cloth shall present unto them any defective Cloth against this Statute 5 6 Ed. 6. 6. § 31. N. 1. being conferred with 4 5 Phil. Mar. 5. § 34. N. 1. shall cause the same to be cut into three equal parts whereof the one to be to the King and the other to the Presenters and the third to the Justices themselves Crumpt 200. Dalt 21. cap. 6. 154. cap. 66. Admiral CXI Lamb. 355. No Fisher-man shall be taken to serve as a Mariner by the King's Commission but by the choice of two Justices of the Peace adjoining to the place where he is to be taken 5 Eliz. 5. § 43. N. 1. Crumpt 200. Dalt 86. cap. 34. Woods CXII Lamb. 355. Two Justices of Peace not being of Kindred Alliance Counsel or Fee to the Lord or Owner of a wood appointed by the more part of the Justices of Peace at their Sessions upon complaint of the Lord made unto them may divide and set out the fourth part of it if the Lord and Commoners thereof being first called before them cannot agree upon it 35 H. 8. 17. § 7. N. 2. Crumpt 200. ab Amerciaments CXIII Lamb. 335 336. Two Justices of the Peace whereof the one to be of the Quorum appointed by the Custos Rotulorum or by the eldest of the Quorum in his absence are to Oversee and Controul the Sheriffs Books and Amerciaments and the Estreats of the said Amerciaments are to be made by Indentures betwixt them and the Sheriff or Under-Sheriff and to be sealed with their Seals and they may upon suggestion make Process as in an Action of Trespass against the offenders to answer 11 H. 7. 15. § 1. N. 17. Crumpt 200. b. Poor CXIV Lamb. 356 357. Two or more Justices of the Peace whereof one to be of the Quorum dwelling in or near the Parish or Division where the Parish is must nominate yearly in Easter week or within one month after Easter under their Hands and Seals four three or two c. to be Overseers of the poor and the Church-Wardens and Overseers with the consent of two or more such Justices of Peace set the Poor on work Tax Inhabitants and bind Children out excuse to be allowed by two Justices and accounts yearly c. And two such Justices may Tax any other Parish within the Hundred to contribute to levy and in default to commit 42 Eliz. 2. § 1. N. 1. c. Dalt 154. cap. 66. Drapery CXV Lamb. 357. The offences of Clothiers or others in not paying so much Wages to their Weavers Spinsters c. as shall be rated according to this Act being confessed by the Offender or proved by two sufficient Witnesses before two Justices of the Peace whereof one to be of the Quorum the person offending shall forthwith stand Convicted thereof and the forfeiture of 10 s. to the party grieved to be levyed by Distress and Sale by Warrant from the same Justices 1 Jac. 6. § 7. N. 2. Dalt 21. cap. 6. 156. cap. 66. Poor CXVI Lamb. 357. Any two Justices of Peace of any City Borough Town Corporate and places Priviledged may Assess the Inhabitants thereof at such reasonable Taxes as they shall think fit for relief of persons Infected with the Plague and dwelling in houses Infected to be levyed by Warrant of two such Justices of Peace and in default of Goods to commit c. 1 Jac. 31. §
means of any false Token or counterfeit Letter made in the name of any other may be adjudged by them to suffer imprisonment standing on the Pillory or any other Corporal pain that they shall appoint except the pains of death 33 H. 8. 1. § 2. N. 2. CLXXXII Lamb. 565 566. Where the Conviction is for trespasses against the Peace Execution Riots and such other Contempts and Offences against the Commission or Statutes for the which no certain Fine is appointed there the Judgment is that the prrty shall be taken to satisfie the King for his Fine and thereupon the Capias pro fine if the Party cannot be found other judicial Process goeth out till he be Ut-lawed unless it be in a very few Cases where by the words of the Statutes themselves they may proceed to Assess the Fine in the absences of the parties without calling them to it by any Process for so it standeth in 5 6 Ed. 6. 25. § N. of Ale-houses and 5 Eliz. 13. § N. of High-ways But if the party be brought in then is he a Prisoner and then are the Justices of Peace by their discretion to Assess the Fine and to Estreat it and to deliver him CLXXXIII Lamb. 568. If the offence be Finable by general words only Amerciaments without speaking of any Fine or without shewing by whom the Fine shall be Assessed for so it is commonly in the elder Statutes that do prohibit any thing to be done there the Assessment thereof belongeth to the Justices before whom the Conviction is lawfully had CLXXXIV Lamb. 569. Fines This Fine or Pain Awarded by the discretion of the Justices of Peace shall do the more good both to the Prince in profit to the people in Example and to the Justices themselves in Credit if it be pronounced at the Bench openly as it ought to be and not shuffled up in a Chamber or corner secretly as in some places it hath been used to be CLXXXV Lamb. 570. Process But the mitigation where Fines are certain by Statutes c. in my mind is so void of sound Reason that I cannot recommend it to the Justices of Peace but do rather condemn it as a mockery of the Law yea I find that sundry Statutes fearing belike some such thing have specially prevented it Commanding that Justices of Peace shall Assess no less Fine then is in those Statutes themselves before-hand appointed See Poor 537. Qu. 8. CLXXXVI Lamb. 572 573. Fee◠And hereby viz. by 14 R. 2.11 § 1. N. 3. that gives Fees to Eight Justices levyable by Indenture between Sheriff and them as I think the Estreats of the Justices of the Peace be now an immediate Warrant for the Sheriff to levy not only the Fines and Amerciaments but also all other Issues Penalties Losses Forfeitures and Sums whatsoever arising before them such order is taken 33 H. 8.10 § N. of the six weeks Sessions for the levying as well of Fines and Amerciaments as of Pains Losses and Forfeitures of mony So did 2 3 Phil. Mar. 2. § N. of Tillage by way of admittance reherse That Justices of the Peace may make out Process for the levying of Fines and Forfeitures before themselves So doth 31 Eliz. 7. § N. of Cottages appoint And so are the Estreats made for the most part and the Fines and Forfeitures thereby levyed at this present time if I be not deceived Execution CLXXXVII Lamb. 574. Howbeit I do not think that in our Case this duty of Estreating is so peculiar to the Clerk of the Peace but that the Justices of Peace themselves ought also to have a common and careful Eye unto it for it is both specially provided for in the Commission § 16. And also an Article of their Oath to see unto the faithful Entry and Certificate of the Issues Fines Forfeitures and Amerciaments that do happen before them and therefore it were well done in mine opinion if the Justices would by turns or otherwise both take knowledge of things that have passed before them and also take order that the same be Certified accordingly lest otherwise it lye altogether in the Power of the Clerk of the Peace to save or slay as one said the Sparrow that he holdeth closed in his hand Information CXXXVIII Lamb. 575. Albeit that the Justices of the Peace have this power to make Warrant for levying the Amerciaments Fines or other Forfeits that grow unto the King by their Service yet is it commonly thought that they may not but in some Cases only and that by special speech of the Statutes make Execution either for him that will sue or for any other of such part of the Forfeiture as the Law doth afford them Certiorari CXXXIX Lamb. 581. But in Cases where Justices of the Peace have power to receive Indictments and no power to proceed any further upon them there they ought to send up and certifie the Indictments themselves and that of duty as I think without any Certiorari commanding the same because having no Authority to hear and try the Offences the Records thereof shall be unprofitable before them and therefore they can have no just cause to retain them And yet for the more surety it is specially Commanded by 5 Eliz 1. § 3. N. 2. that they shall certifie the Presentments of some offences against that Statute CXC Lamb. 584 585. The General Sessions of the Peace be those which are provided for the General Execution of the Authority of the Justices of Peace Sessions whether you respect the limits of the place within their Commission or the bounds of power proceeding from the Commission and Statutes for at these Sessions as saith Mr. Fitzherbert generally all things ought to be given in Charge that do lye within the Authority of these Justices to be determined These be moreover called the Quarter Sessions because they be holden Quarterly or four times in the year And the Statute 4 H. 7.12 § 1. N. 4. termed them Principal Sessions for that in them chiefly the power of Justices of the Peace doth shine and shew it self in which respect 27 Eliz. 19. § 2. N. 7. And some other Statutes do give the name of open Sessions also Infra 260. Appointment CXCI. Lamb. 585 586. The manner is in some Shires to Summon yearly 6 standing Sessions of the Peace in others 8 in others 12 or 16 and in others otherwise all which is done chiefly upon pretence to ease the Inhabitants of the County for whom it would otherwise be very painful to travel so often and far from all the parts of the Shire to any one place of the same And therefore such as do maintain six or eight Sessions do use to Summon all the whole Shire to a couple of them and to the residue they call only such parts of the Shire as they do there specially appoint But yet so that upon the reckoning each Corner of the Country
in Corporate Towns c. But now by 8 Eliz. 9. § 5. N. 1. The Assessment of the Prices thereof shall be by the Justices or the more part of them being present at the Easter Quarter Sessions and only of such Vessels as shall be made or sold out of Cities or Corporate Towns Crumpt 93. XVIII Dalt 149. Butter shall be Ale-Measure 32 Gallons to the Barrel Victuals the empty Vessel not to weigh above 26 li. Firkin not above 6 li. and half XIX Dalt 149. cap. 65. A weigh of Cheese is 32 Cloves every Clove 8 li. of Averdupois although 9 H. 6. 8. and the Assize Printed 1597 seem to make 7 li. to be a Clove and yet by the Assize the weigh of Suffolk Cheese must be 256 li. or 12 score and 16 li. Averdupois and their Barrel of Butter is of like weight with the foist but the weigh of Essex Cheese or Butter is 300 li. after the Rate of 5 score and 12 li. to the Hundred which is 336 li. or 16 score and 16 li Averdupois XX. Dalt 149. cap. 65. For the Assize of Fewel scil Cole Talwood Billet and Faggot see 7 Ed. 6. 7. 43 Eliz. 14. XXI Dalt 150. cap. 65. Note That the Clerk of the Market may enquire of the Pole or Pearch whereby Land is measured as well as of other Measures Crumpt Jurisd 221. but the Justices of Peace are not to meddle therewith especially out of their Sessions XXII Kilb. Presidents 108. b. A Warrant on complaint touching Coals on 16 17 Car. 2. 2. To the Constables c. Kent ss THese are in His Majesty's Name to require you to cause A. B. of c. to come before us J. S. and W. B. Two of His Majesty's Justices of the Peace for this County at the House of c. the Tenth day of c. to answer such complaint against him for offences against an Act of Parliament lately made Entitled An Act for the Regulating the Measures and Prices of Coals as hath been made unto us and further to do and receive as to Justice doth appertain hereof fail not at your perils Given under our Hands and Seals the Ninth day of c. XXIII Kilb. Precedents 108 109. A Warrant for delivering a Moiety of Coals forfeit c. 16 17 Car. 2. 2. Kent ss FOrasmuch as A. B. of c. is duly Convicted before us J. S. and W. S. Two of His Majesties Justices for the Peace of this County according to the Form of the Statute in that behalf made Intituled An Act for Regulating the Measures and Prices of Coals That he the said A. B. did lately expose to Sale forty Chaldron of Sea-Coals Scotch-Coals c. of the value of c. contrary to the Form of the Statute aforesaid These are therefore in His Majesty's Name to Will and Require you to seize the Coals aforesaid and the double value thereof and that you do deliver one half of the Coals and value aforesaid unto C. D. being the person prosecuting in this behalf to his use and likewise that you do imploy and dispose the other half of the same to and for the use of the poor or repairing of the High-ways of the Parish of M. where the said offence was Committed hereof fail not at your perils Given under our Hands and Seals the Tenth day of c. Milch Kine see Cattle Millers see Corn. Militia and Musters see War Ministers see Ecclesiastical Persons Religion Minstrels see Games Misfeasons see Officer Misprision see Treason Mitigation see Amerciament Forfeiture Mittimus see Imprisonment Monasteries see Abbey Mony Multiplication I. LAmb. 225. Any Justices may Examine and Commit for practising in the Art of Multiplication of Gold or Silver condemned for Felony by 5 H. 4. 4. Crumpt 49. II. Lamb. 420. Enquiry at Sessions if any person have practised the Art of Multiplication of Gold or Silver 5 H. 4. 4. III. Crumpt 49. Also you shall inquire at the Sessions of all those that have any Galley Half-pence Suskins or Dotkins made coyned bought or brought into the Realm this is Felony 3 H. 5. 1. IV. Crumpt 7. b. pl. 21. This Statute 3 H. 5. St. 2. cap. 6. as to Clipping and Washing is Repealed 1 Mar. 1. cap. 1. § 3. N. 1. and a new Statute thereof made 5 Eliz. 11. 18 Eliz. 1. § N. but Authority is not given to Justices of Peace by these Statutes to inquire thereof and therefore the putting this into the Commission is void but by 3 H. 5. St. 2. cap. 7. it 's ordained That Justices of Peace through the Realm have power by the King's Commission to enquire of Counterfeiting and of Importing of false Mony into the Realm made in likeness of the Mony of this Land and to Award a Capias only against them who are thereof Indicted before them and this is declared to be Treason by 25 Ed. 3. St. 5. cap. 2. § 1. N. 5. Dalt 19. cap. 1. V. Crumpt 241. b. pl. 32. An Indictment against those who Counterfeit Mony West Symb. 2. part 115. sect 143. Somerset ss Inquiratur pro Domino Rege si R. W. nuper de H. in Com' predict ' Smith I. L. c. T. B. c. deum prae oeulis suis non habentes sed instigatione Diabolica Seducti Machinantesque dictum Dominum Regem populum suum callidè falsò deceptivè proditoriè decipere defraudare 12 die Martii An' Regni c. Sex pecias monetae apud B. predict ' in Com' predict ' de cupro aliis mixtis Metallis ad instar ad similitudinem bonae legalis current ' monetae cunei dicti Domini Regis hujus Regni sui Angliae Anglicè vocat ' Shillings nec non duas pecias è cupro aere aliis mixtis Metallis ad instar similitudinem bonae legalis current ' monet ' cunei Auri dicti Domini Regis Regni sui Angliae Anglicè vocat ' half Sovereigns falsò proditoriè fabricaverunt cuderunt controfecerunt ac quasdam earundem peciarum sic ut praemittitur falsò proditoriè fabricat ' cusus controfact ' diversis ligeis dicti Domini Regis pro vera legitima current ' monet ' hujus Regni Angliae apud B. predict ' alibi in dict' Com' Somerset Postea deceptivè falsò proditoriè exposuerunt solverunt utteraverunt in magnum prejudicium fraudem deceptionem ligeorum dicti Domini Regis ac contrà pacem ejusdem Domini Regis Coronam Dignitatem suas c. nec non contrà form ' diversorum Statutorum in hujusmodi casu edit ' provisorum West Simbol ' 2. Part 114. b. Sect. 142 143. VI. Crumpt 242. pl. 33. alio modo West Symb. 2. Part 115. Sect. 144. Somerset ss Inquiratur pro Domino Rege si H. H. nuper de B. in Com' predict ' Taylor deum prae oculis suis non habens sed instigatione
Nusance I. CRumpt 66. A man Levies a Gorse in his Land or other thing to the Nusance of my Land I can enter with divers peaceably into his Land and oust that Gorse c. Dalt 220. Cap. 86. II. Dalt 220. Cap. 86. Every private man to whose House or Land any Nusance shall be Erected made or done may in peaceable manner Assemble a meet Company with necessary Tools and may remove pull or cast down such Nusance and that before any prejudice received thereby and for that purpose if need be may also enter into the other mans ground Nusance Br. 14 33. Oath I. LAmb. 52. Upon this Ground viz. on all Christian Laws c. 13 Rich. 2. 7. § N. which willed that Justices of the Peace should be made of new in all the Counties of England did there withal take order that they should be sworn to keep and put in Execution all the Statutes touching their Office which albeit that it be the first Oath that I find to have been ministred to Justices of the Peace yet I think they were neither unsworn before nor at any time after as may be Collected upon 21 Ed. 4. 67. 12 Ed. 4. 18. II. Lamb. 52. I believe also that the manner of the Oath was devised but for that time only and continued not long in that Form as being of it self very general and hard to be observed and that happily was the Cause that it was afterward changed to that Form which Mr. Fitz-herbert 18. in his Book hath left us Crumpt 10. ab and which with the alteration of a few words only is yet at this day kept in use III. Lamb. 52 53. For upon the renewing of the Commission of the Peace which now adayes happeneth as often as any Persons is newly brought into the same there cometh of Course a Writ of dedimus potestatem directed out of the Chancery to some Ancient Justice of the Peace to take the Oath of him whose Name is newly Inserted and to certifie the same into that Court at such day as the Writ commandeth Thus CArolus c. Dilectis fidelibus nostris Robert Hitcham Milit ' Nich ' Rivet Armig ' salutem sciatis quod dedimns vobis conjunctim divisim Potestatem autoritatem recipiendi Sacrament ' dilecti fidelis nostri Richardi Keble Armig ' unius Custod ' pacis nostrae in Com' nostro Suff. de officio illo bene fideliter faciend ' juxta form ' cujusdam Schedulae huic Brevi nostro annex ' ac Sacrament ' specificat ' in quodam Actu Parliament ' Anno Regni Dominae Eliz. nuper Reg ' Angl. primo fact ' cujus tenor presentibus similiter est annex ' ideo vobis mandamus quod Sacramenta predicta recipiatis vel unus vestrum recipiat cum illa sic receperitis nos inde in Cancellariam nostram sub sigillis vestris vel unius vestrum distinctè aperte sine dilatione reddatis certiores vel unius vestrum reddat hoc Breve nobis remittentes teste me ipso apud Westminst ' c. Die c. Anno c. The Return of the Ded ' potestat ' Endorse Executio Istius Brevis patet in quadam Schedula huic Brevi annexat ' DOmino Regi in Cancellario certificamus quod virtute istius Brevis nobis direct ' xxvi die Septembr ' infrascript ' apud Gippum in Com' Suff. infrascript ' recepimus Sacrament ' infra nominat ' Richardi Keble juxta tenorem formam Schedularum huic Brevi annex ' quas quidem Schedulas una cum hoc Breve Domino Regi in Cancellariam suā sub Sigillis nostris remittimus secundum exigentiam Brevis Istius Respons Robert ' Hitcham Militis Nich ' Rivet Armig ' Or thus DAlt. 397. Cap. 129. Ego M. D. in Cancellar ' Domini Regis certifico me virtute Brevis Domini Regis huic Schedulae annexat ' x die mensis Decembr Anno Regni dicti Domini nostri Jacobi c. xix apud West Wralling in Com' Cantabr ' recepisse Sacrament ' Johannis Milissent militis in Brevi predict ' nominat ' tam de officio Custodis pacis dicti Domini Regis in dicto Com' Cantabr ' bene fideliter faciend ' juxta formam Schedulae Brevi predict ' annexat ' similiter in omnibus prout in predicto Brevi precipitur In cujus rei testimonium c. Mich ' D. IV. Lamb. 53. This Writ of ded ' potest ' is now accompanied with two Schedules Justices whereof the one contains the Oath of the Office of a Justice of Peace in this Form Kilb. Presidents 2 Edit 231. Ye shall Swear that as Justices of the Peace in the County of K. in all Articles in the Kings Commission to you directed ye shall do equal right to the Poor and to the Rich after your Cunning Wit and Power and after the Laws and Customs of this Realm and Statutes thereof made 2. And you shall not be of Council of any Quarrel hanging before you 3. And that ye hold your Sessions after the form of Statutes thereof made 4. And the Issues Fines and Amerciaments that shall happen to be made and all Forfeitures which shall fall before you ye shall cause to be Entred without any Concealment or Embezelling and truly send them to the Kings Exchequer 5. Ye shall not let for gift or other Cause but well and truely you shall do your Office of Justice of the Peace in that behalf and that you take nothing for the Office of Justice of the Peace to be done but of the King and Fees accustomed and Costs limitted by the Statute 6. And ye shall not direct nor cause to be directed any Warrant by you to be made to the Parties but ye shall direct them to the Bayliffs of the said County or other the Kings Officers or Ministers or other Indifferent Persons to do Execution thereof So help you God V. Lamb. 56. There hath been care taken once or twice in our Memory to exact this latter Oath viz. of Supremacy of all the Justices of Peace throughout the Realm whereof some good hath Ensued Pope but yet many a Justice there is that by Indirect practice never took either this or the former viz. of Allegiance whereof what harms do and may grow I leave to wiser and higher men to be considered adding this only That it would Avail greatly to the furtherance of the service if the Dedimus potestatem to give these Oaths were Dirigible to the Justices and none other to minister the same not elsewhere but in their open Sessions VI. Lamb. 212. They which take Informations of Felonies Information c. without any Oath do say the Makers of 2 3 Ph. Mar. 10. § N. had they intended so would express it c. But they that examine upon Oath strongly defend it by Example of the Justices of higher Courts c. and because an
demands surety of the Peace in the County against any Man he shall find himself sureties in the County before the Justices of Peace c. he that demands this surety may sue a Writ of Certiorari directed to the Justices of Peace to remove this surety of the Peace and the Recognizance taken therein and this under the Seals of the Justices or one of them to certifie this Recognizance and surety taken And if the Certiorari be sued upon a Writ of Supplicavit then the Certiorari shall rehearse this Writ of Supplicavit and if it be sued upon a surety demanded in the County without a Supplicavit then the form of the Certiorari is thus Rex Custodibus pacis suoe in Com' L. eorum cuilibet salutem volentes certis de causis Certiorari super tenorem cujusdam securitatis pacis nuper coram R. B. Sociis suis custodibus pacis nostroe Justiciariis nostris ad diversas Felonias Transgressiones Malefacta in Com' L. Audiend ' Terminand ' Assignat ' de R. de W. de E. quod ipse damnum vel malum aliquod B. de F. aut alicui populo nostro faciat nec fieri procurabit ex Officio vestr ' capta quoe quidem securitas penes vos residet ut dicitur vobis Mandamus quod nos inde in Cancellaria nostra sub Sigillis vestris vel unius vestrum distinctè aperte sine dilatione reddatis certiores hoc Breve nobis remittentes teste c. Crumpt 143 144. IX F. N. B. 81. E. By reason of this Commission of the Peace the Justices have power to bind Men by Recognizance to keep the Peace Recognizance upon complaint to them made by any person and yet to take this Recognizance there is no express Authority given them by the Commission but of Congruity because that they have Authority to cause men to keep the Peace and to hear and determine offences done against the Peace they have power to bind men by Recognizance to do it for every Act which they do by virtue of their Commission must be taken as a matter of Record Crumpt 141. b. Justices X. Lamb. 77. A Justice of Peace may also by virtue of his Office and as he is a Judge command this Surety to be found and that either of his own motion and discretion or else at the request and prayer of another For he may cause a common Barretor Riotor one that maketh an Affray or other person to him suspected to find Surety of the Peace 9 Ed. 4. 3. per Curiam And if he see men contending in hot words and threatning the one to hurt or kill the other he may of discretion and ought of duty as I think to command them to find Surety of the Peace and thereby provide for their mutual safety Crumpt 134. b. 135. b. XI Lamb. 78. And if a man that was bound to keep the Peace have broken his Bond the Justices of Peace ought of discretion to bind him of new 21 Ed. 4. 40. per Marrow Crumpt 141. infrà 87. Conspiracy XII Lamb. 78. And his Authority is so little to be controlled in this matter that Mr. Marrow is of the opinion That if a Justice of Peace should procure one man to demand Surety of the Peace against another and he himself should grant a Warrant for it by which the Party is Arrested yet no Action would lye against that Justice for his so doing because he might have granted it without any demand made and then it shall not be said but that he saw Cause both to provoke the party to ask it and for himself to grant it Bar. Fem. XIII Lamb. 78 79. The Wife if she be threatned to be killed or to be outragiously chastised by her Husband may with good reason demand the peace against him F. N.B 80. 230. and I do not doubt but that a Justice of Peace may in such a Case happening in his presence Command it upon his own discretion The Husband may also demand the peace against his own Wife in like Case and any man may demand it against the Wife of another by Marrow Crumpt 133. b. Dalt 163. cap. 68. Ability XIV Lamb. 79. A man Attainted of Treason or Felony or Convict of Heresie or Abjured a Dumb Man or an Infant though within 14 years of age or a Villain against his Lord may demand and ought to have Surety of the Peace by Marrow And I do not find any strong reason why the Lord against his Villain or another man against a Dumb-man that is not Deaf or against an Infant above the age of 14 years ought not upon good Cause to have it though perhaps the two last cannot be bound for themselves Crumpt 133. b. 134. b. Dalt 164. cap. 68. Ideot XV. Lamb. 79. But a Mad-man shall not have surety of the peace at his own request as Mr. Marrow thought because he hath no discretion to ask it and therefore if there be Cause he ought to be provided for by the discretion of the Justices as I think Neither shall surety of the Peace be granted against a Mad-man except he have Lucida Intervalla Dalton 163 164. cap. 68. Attainder XVI Lamb. 80. A man Attainted in a Proemunire or that is an Alien born and no Denizen ought not to have his Surety at his desire as Mr. Marrow taketh it but perhaps he would have changed his opinion in the Case of Proemunire if he had lived at this time upon sight of 5 Eliz. 1. § 21. N. 1. For such a Man may not now be killed as though he were out of the protection of the King Crumpt 133. b. Dalt 164. cap. 68. Alien XVII Lamb. 80. And as touching the Alien having surety of the Peace some think there ought to be a difference between such an Alien as is of the Enmity of the King and him that is of his Amity for Magna Charta 9 H. 3. 30. 9. Ed. 3. 1. § N. 14 Ed. 3. St. 2. cap. 2. and sundry other Statutes do all use that difference in Merchant-strangers and do provide That such of them as be not Enemies to the Realm may both safely come into the Realm and tarry here and go hence at their free pleasures But the Case may bear some doubt because the Commission it self seemeth to Authorize the Justice of Peace no further then to provide for the King's People of which number no Alien seemeth to be but why any Alien may not be bound to the Peace I do not yet understand Crumpt 134. ab Dalt 164 165. cap. 68. XVIII Lamb. 80 81. Furthermore one Justice of Peace Justices saith Mr. Marrow may grant this surety to any man aginst one of his Fellow-Justices but as Mr. Marrow requireth a discretion in a Justice of the Peace when surety is craved of him against a Sheriff Coroner Escheator or such other Officer whom he wisheth not to
be bound to keep the Peace Versus Cunctum Populum but only towards him that prayeth it lest otherwise it should argue them to be unworthy of such Offices so much more he ought to use good discretion in granting it against his Fellow-Justice lest otherwise he both bring the Office in contempt and himself to reproof by it But I doubt not that one Justice of the Peace if he will may pray surety of the Peace at the hands of his fellow-Fellow-Justice against another person and the Recognizance may then be according to the Common Form with Precipuè Versus c. Crumpt 134. b. Dalt 162. 163. cap. 68. XIX Lamb. 81. But some others there be perhaps Dignity with whom he may not well meddle as if a man have Cause to require the Peace against a Lord he for so small a Cause is not to be Arrested as I take it by Warrant from a Justice nor yet by a Supplicavit out of the Chancery but the Lord Chancellour may in such Case grant to the party a Sub-poena against that Lord for the Peace as it seemeth by 35 H. 6. Sub-poena 20. Dalt 335. cap. 118. for such an opinion hath the Law conceived of Peaceable disposition of Noblemen that it hath been thought enough to take one of their promises upon honour that he would not break the Peace against a Man 17 Ed. 4. 4. Contempts Br. 6. 24 Ed. 3. 33. Sub-poena 20. but whether the Lord Chancellour may Award an Attachment upon such a Sub-poena it hath been in our memory made a Question Dyer 315. pl. Exigent ' Br. 72. Crumpt 134 ab 135. Dalt 161. cap. 68. XX. Lamb. 82 83. The Cause for which this Surety of the Peace may be Required or Commanded Dures appeareth in the first Assignavimus of the Commission § 5. in these words Et ad omnes illos qui aliquibus vel alicui de populo nostro de Corporibus suis vel de incendio Domorum suarum minas fecerint ad sufficientem securitatem de pace c. Inveniendam c. Which Mr. Fitzh 8. Construeth thus He that is threatned that he shall be hurt in his Body or that his House or Goods shall be Burnt may demand Surety of the Peace for his safeguard in that behalf but saith the Court 17 Ed. 4. 4. If a man will demand the Peace because he is in fear that another Man will take and imprison him it ought not to be granted and one yieldeth the reason to be because he may have a Writ De homine Replegiando or an Action of False Imprisonment and may thereby recover the Damages of his Imprisonment The same Reason might be made against the demand of the Peace where a Man is Threatned with Battery and yet it is clear that in such a Case the Surety of Peace ought not to be denied him And truly to threaten Imprisonment is within the words Minas de Corporibus no less then Battery it self and like harm may happen by hard Imprisonment cruel Beating It shall be Good therefore to enquire of this matter But I take it somewhat clear that a Justice of the Peace may not by this Commission Award a Precept of the Peace in the behalf of a Man that will require it because he is at variance with his Neighbour or feareth that he will do harm to his Servants or Cattle for in that Case Mr. Fitzherbert helpeth him with an old Writ to the Sheriff as he findeth it in the Register and F. N. B. 80. G. Oath XXI 83 84. The Peace being thus for good Cause required it is the common manner to exact an Oath of the party whereby the Justice may be the better informed and led to think that he doth not ask it for malicious vexation of another but of very fear and for the needful safety of himself and his and Mr. Fitzherbert in F. N. B. 79. H. laboureth to shew that the Justices of the Peace ought not without such an Oath to grant this Surety at the suit of any man forasmuch as not only the Justices of B. R. do yet take an Oath in such Case but the Ancient Course of the Law was such in the Chancery it self also although it be now adays otherwise used there Crumpt 135 138. Dalt 171. cap. 69. XXII Kilborn's Precedents 233. The Oath of him who craves the Peace against another YOV shall Swear that the Surety of the Peace which you crave against A. B. is not for hatred or malice which you bear him but for safety of your Body from harm which you fear he will do or procure to be done unto you So help you God Or thus YOV shall Swear That the Surety of the Peace which you Crave against A. B. is not of any private malice hatred or evil will but meerly that you are afraid of your life or the hurting or maiming of your Body or the burning of your Houses So help you God Process XXIII Lamb. 84 85. It resteth to shew by what means this Surety may be enjoyned and that is either by word or writing under Seal for a Justice of Peace may by word only Command a Man being in his presence to find Surety of the Peace 9 Ed. 4. 3. For seeing that he is a Judge of Record saith Mr. Fitzherbert 8. his Precept by mouth is stronger then his Precept in writing So if the Peace be demanded against one that is in his presence he may Command the Sheriff or other known Officer or his own Servant if they be then present also to Arrest the party to find his Surety 14 H. 7. 8. and Marrow for it is not so much the Arrest of the Minister as of the Justice himself But if either the Officer Servant or Party be absent then it is requisite to make a Warrant or Precept in writing the form whereof may be thus in English Crumpt 138. b. § 8. Dalt 165. 166. cap. 68. XXIV Lamb. 85 86. The Precept for the Peace Kent ss Ja. by the Grace of God c. To Our Sheriff of K. the Constables of the Hundred of W. c. and to all and singular Our Bayliffs and other Our Ministers in the said County as well within Liberties as without Greeting Forasmuch as A. B. of W. aforesaid Yeoman hath personally come before G. B. of the said Town Esq one of Our Justices of the Peace within the said County and hath taken a Corporal Oath That he is afraid that one C. D. of S. in the said County Yeoman will beat wound maim or kill him or burn his Houses and hath therewithal prayed Surety of the Peace against the said C.D. Therefore we Command and Charge you jointly and severally that immediately upon the receipt hereof you cause the said C. D. to come before the said G. B. or some other of Our said Justices to find sufficient Surety and Mainprise as well for his appearance at the next Quarter Sessions of our Peace
Bayliffs Constables c. and other the faithful Ministers and Subjects of our said Soveraign Lord within the said County and to every of them sendeth Greeting Forasmuch as A. B. of c. Yeoman hath Personally come before me at A. c. and hath found sufficient Surety that is to say C. D. E. F. c. Yeoman either of the which hath undertaken for the said A. B. under the pain of XX li. and he the said A. B. hath undertaken for himself under the pain of XL li. that he the said A. B. shall well and truely keep the Peace toward our said Soveraign Lord and all his Liege People and specially towards G. H. c. Yeoman and also that he shall personally appear 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 M. there therefore on the behalf of our said Soveraign Lord I Command you and every of you that ye utterly forbear and surcease to Arrest take Imprison or otherwise by any means for the said occasion to molest the said A. B. and if you have for the said occasion and for none other taken or Imprisoned him that then you do cause him to be delivered and set at Liberty without further delay given at A. aforesaid under my Seal this Day of c. Anno c. This Supersedeas may also be in the Name of the King under the Test of the Justice of Peace thus Charles by the Grace of God c. to the Sheriff c. Greeting Forasmuch as A. B. hath come before T. F. Knight one of our Justices of the Peace within our said County and hath found c. we therefore Command you and every of you that ye forbear c. Witness the said T. F. c. XLIII Lamb. 99. Thus much of the Supersedeas Issuing from a Justice of the Peace the which ought to with-hold and stay the Proceeding of his fellow Justices in the said Cause in so much that if any Officer by any of their Warrants having this Supersedeas delivered unto him will nevertheless urge the Party to find new Surety for the Peace he may refuse to give it and if he be Committed to Prison for such his refusal he may as I think have his Action of False Imprisonment against the Officer upon the same XLIV Lamb. 99. I read 21 Ed. 4. 40. Peace Br. 17. that a Supersedeas proceeding out of the Chancery will discharge a Surety of the Peace taken before the Justices of B. R. much more then will a Supersedeas sent out of the Chancery or B. R. discharge a Precept for the Peace that is awarded from an Inferior Justice of the Peace and if the Justice of the Peace to whom a Supersedeas out of such an High Court shall be delivered will not thereupon surcease an Attachment may be Awarded against him for his contempt and he may be Imprisoned and Fined for it Crumpt 139. § 12. XLV Lamb. 99 100. It is good Counsel therefore F. N. B. 238. E. where he willeth the Justice of Peace after such a Supersedeas received to forbear to make any Warrant to Arrest the Party and if they have Awarded it then to make their own Supersedeas to the Sheriff and other Officers thereby Commanding them to surcease to put it in Execution XLVI Lamb. 100. Recognizance If the Justice of Peace deal in taking of the Recognizance of the Peace as a Judge and by vertue of his Commission § 5. then the number of the Sureties the Sum of the Bond their sufficiency in Goods or Lands the time how long the Party shall be bound and such other Circumstances are referred wholly to his own Consideration and if he be deceived in the ability of the Sureties he may compel the Party to put in others by Marrow for the Avoiding of which deceit also the Justices of C. B. 7 H. 6. 25. Did Examine the Ability of the Sureties upon their Oaths XLVII Lamb. 100 101. The Common manner is to take two Sureties besides the Party himself and good reason it is that those should be such as have their names registred in the Book of Subsidy for albeit that here and there some may be sufficient that were not Assessed to the King yet it standeth not well together that he should become bound to the King in X or XX li. that was not in the Subsidy found worth any thing at all and the Case may be such that Sureties only not the principal Party shall give the Bond for if the Peace be prayed against a Wife or an Infant under the years of Discretion they shall be bound by their Sureties only as was the Monk or Cannon 36 H. 6. 23. Surety Br. 9. Moign Br. 15. Dalt 171. cap. 69. XLVIII Lamb. 101. But if the Justice of Peace shall Command the Peace as a Minister in Execution of the Writ of Supplicavit Supplicavit then must he behave himself as the Writ it self directeth him and that hath not been alwayes after one manner for some Commandeth him to take sufficient Manucaptors in any pain or Sum to be reasonably set by himself so that he will be answerable for it at his own Peril and some willeth him to take sufficient Security in a Sum certainly prescribed unto him as C li. in all or every of them in XX li. as at large Register 89. Dalt 185. cap. 73. XLIX Lamb. 101 102. A Justice of the Peace saith Marrow Bail may take this Surety by a Gage or pledge which shall not be forfeited thereby but pawned only so that the Party shall under a certain pain keep the Peace which pawn he shall forfeit if he break the Peace Dal. 171. cap. 69. L. Lamb. 102. And by the Opinion of Marrow a Justice of the Peace may also take his Surety by an Obligation made to himself by the name of Justice of the Peace for so shall it be saith he ad usum Domini Regis but if it were made unto him without his name of Justice of the Peace then it could not be to the use of the King unless it had the words ad usum Domini Regis on the other side F. N. B. 81. D. holdeth that such an obligation taken to the King by a Justice of the Peace is nothing worth for a man cannot be bound to the King but only by matter of Record unless he will after come into a Court of Record and Confess it to be his Deed and pray that it may be Enrolled there 9 Ed. 4. 31. But the new Statute 33 H. 8. 39. § N. hath made a plain Law in these Cases that all Obligations and Specialties made for any Cause touching the King shall be in his own name by the words Domino Regi and to no other Person to his use The safe way therefore is to take his Surety by Recognizance as is commonly used and that also by the
the breach of the Peace and so no mischief 21 Ed. 4. 48. Lamb. 113 114. XCI Crumpt 141. b. Day◠The Justice of Peace may take a Recognizance to keep the Peace for a year if he will or a longer time by his discretion viz. forever for reasonable Cause Marrow lect 6. Jones Br. 71. Dalt 171. 172. cap. 69. XCII Crumpt 142. b. It was held 21 Ed. 4. 48. if a Man be bound to the Peace and no day limit how long c. that none can discharge this all his life-time by Release or otherwise XCIII Crumpt 142. b. Nota Constable That the opinion of all the Justices that a Constable may take Security of the Peace but upon no pain and if he will not he hath power to imprison him until he hath found Surety 3 H. 4. 10. See 10 Ed. 4. 18. It 's said he may take an Obligation to keep the Peace XCIV Crumpt 143. b. Joinder If one breaks the Peace the whole Recognizance is forfeit where a Man is bound for him and his Servants to keep the Peace 4 H. 7. 8. XCV Crumpt 143. b. Forfeiture The King and the Counsor are at Issue on the breach of the Peace and the King waves the issue yet the Recognizance is not discharged but a new sc ' fac ' may be Awarded for the breach of the Peace afterwards but not upon that breach for which he was Impeacht before per Cur ' 10 H. 7. 11. 21 Ed. 4. 40. Dalt 177. cap. 71. XCVI Crumpt 144. Ability The Peace must be granted against him that is an impotent person though he be not likely to break the peace because he may procure a stranger to kill the other who demands the Peace for the words of the Recognizance are by B. or his procurement c. XCVII Crumpt 144. b. Bar. Feme The Husband is bound that he and his Wife shall appear at such a Sessions and that they keep the Peace in the mean time at the day the Husband appears but not the Wife the Recognizance is not forfeited because if there be any Cause further to find Surety the Husband shall be bound and not the Wife and therefore the appearance of the Wife is not material as it seemeth Crumpt 133. b. Dalt 163. cap. 68. 175. cap. 71. XCVIII Crumpt 144. b. Supersedeas A man hath a Supplicavit of the Peace out of the Chancery to bind A. B. to the Peace and to certifie the Recognizance into Chancery without delay now if A. B. be taken he shall be bound to the Peace for ever for it is not contained that he shall bind him to the Peace until any certain time but generally therefore to prevent this A. B. before he is Attacht must bind himself in the Chancery until a certain day and have a Supersedeas into the Country to the Justices and Sheriff to cease to compel A. B. to find Surety on the said Writ of Supplicavit Lamb. 112 113. XCIX Crumpt 145. § 5. One Justice of Peace cannot by Supersedeas discharge a Precept of another Justice awarded to find Surety of the Peace before that he is bound in fact which see Crumpt 138. b. § 9 10. Lamb. 96. suprà 40. C. Crumpt 145. § 6. A Justice of Peace cannot Award a Supersedeas to appear at any other Sessions then is appointed by the other Justice who hath bound him to the Peace before to appear at a certain Sessions CI. Dalt 160. cap. 67. Note also Affray The Surety for the Peace shall not be granted but where there is a fear of some present or future Danger and not meerly for a Battery or Trespass that is past or for any breach of the Peace that is past for this Surety of the Peace is only for the Security of such as are in fear CII Dalt 161. cap 67. Justices If the Justice of Peace shall perceive that this Surety for the Peace is demanded meerly of malice or for vexation only without any just cause of fear it seemeth he may safely deny it as in common experience we find it that where A. shall upon just Cause come and crave the Peace against B. and hath it granted B. will likewise crave the Peace against A. and will perhaps surmise some Cause but yet will be content to surcease so A. will relinquish against him here the Justice shall do well as I think not to be too forward in granting the Peace to B. yet if B. will not be perswaded but will take his Oath that he is in fear where indeed he neither doth fear nor hath any cause this Oath shall discharge the Justice and the fault shall remain upon such Complainant Behaviour CIII Dalt 161. cap. 67. And when the Justice hath so granted the Peace to one that in the Justices judgment shall crave or require it only out of malice or for vexation the Justice may presently in good discretion bind him to the good behaviour that so required the Peace Release CIV Dalt 176. cap. 71. But yet it is now holden That neither the Justice of Peace nor the Party can discharge the Recognizance of the Peace by their Release out of the Sessions c. and therefore notwithstanding that the Justice of Peace out of Sessions shall make or take any Release of the Peace yet it shall be safe for the Party bound to appear for the safe-guard of his Recognizance c. Lamb. 110 111. Supplicavit CV Dalt 185. cap. 73. And for this manner of Oppression viz. by obtaining Supplicavits c. grew over Common therefore by 21 Jac. 8. § N. It is now Enacted that all Process of the Peace or good Behaviour to be Granted out of the Chancery or B. R. against any Person whatsoever at the Suit of any other shall be void unless such Process shall be granted upon motion first made before the Judges of the same Court sitting in open Court and upon Declaration in writing upon Oath of the Causes for which such Process shall be granted and unless that such Motion and Declaration be mentioned to be made upon the back of the Writ the same writings to be there Entred of Record and if after it shall appear to the said Courts that the said Causes expressed in such writing be untrue then the Court may award Costs and Damages to the Party grieved and may also Commit to Prison the Offenders until they pay the said Costs and Damages CVI. West Symb. 2. part 129. b. sect 203. An Indictment of a Common Barretor Norff. ss INquiratur pro domino rege c. si J. S. Nuper de C. in Com' N. Laborer est homo maloe Conversationis Gubernationis ac communis Barrator pacis Domini regis Perturbator Et quod idem J. S. apud C. predict ' in Com' N. predict ' custodit tenet occupat quandam Domum sive Tabernam non habent ' usuale signum aptè
calling themselves Aegyptians that he shall lawfully seize by vertue of this Statute 22 H. 8. 10. § 5. N. 1. Crompt 178. and 195. § 13. XXXVII Lambert 366. That Justice of the Peace which seizeth the Goods of any Aegyptians Restitution and doth not Incontinently restore such part thereof as shall be proved before him to have been Craftily or Feloniously taken shall forfeit the double thereof to such Provers 22 H. 8. 10. § 4. N. 1. XXXVIII Crompt 129. § 32. If any Outlandish Person naming himself an Aegyptian or any such stranger commits any Murder Enquest Felony or Robbery and upon his Arraignment pleads not Guilty or any other plea tryable by the Country the Enquest in this Case shall be all of English 22 H. 8. 10. § 2. N. 3. And so shall the Enquest be where any of the said Aegyptians is Indicted of Felony for continuance within this Realm by the space of a month Contrary to 1 2 Ph. Mar. 4. § N. and 5 Eliz. 20. XXXIX 22 H. 8. 12. Where in all places throughout this Realm of England Vagabonds and Beggars have of long time increased Laborors and daily do increase in Great and Excessive Numbers by the occasion of Idleness the Mother and Root of all Vices whereby hath Insurged and sprung and daily Insurgeth and springeth continual Thefts Murders and other sundry hainous Offences and great Enormities to the high displeasure of God the inquietation and dammage of the Kings people and to the marvellous disturbance of the commonweal of this Realm 35 Eliz. 7. § 25. N. 1. XL. 22 H. 8. 12. § 1. N. 2. And whereas many and sundry good Laws strict Statutes and Ordinances have been before this time devised and made Contempt as well by the King our Soveraign Lord as also by divers his most noble Progenitors Kings of England for the most necessary and due reformation of the premises yet that notwithstanding the said numbers of Vagabonds and Beggars be not seen in any parts to be punished but rather daily augmented and increased into great Routs and Companies as evidently and manifestly it doth and may appear XLI 22 H. 8. 12. § 1. N. 3. Be it therefore enacted Justices c. That the Justices of the Peace of all and singular the Shires of England within the limits of their Commissions and all other Justices of Peace Mayors Sheriffs Bailiffs and other Officers of all and every City Borough Riding or Franchis whereof they be Justices of Peace Mayors Sheriffs Bailiffs or Officers and so being divided shall make diligent search and enquiries of all Aged Poor and impotent Persons which live or of necessity be compelled to live by Alms of the Charity of the People that be or shall be hereafter abiding within every Hundred Rape Wapentake City Borough Parish Liberty or Franchis within the limits of their Division and after and upon such search made the said Justices of Peace Mayors Sheriffs Bailiffs and other Officers that is to say every of them within their limits of their Authorities whereunto they be divided shall have Power and Authority by their Discretions to enable to beg within such Hundred Rape Wapentake City Town Parish or other Limits as they shall appoint such of the said Impotent persons which they shall find and think most convenient within the limits of their Division to live of the Charity and Alms of the People and to give in Commandment to every such Aged and Impotent Beggar by them enabled that none of them shall beg without the limits to them so appointed Records XLII 22 H. 12. § 1. N. 4. And shall also register and write the names of every such Impotent Beggar by them appointed in a Bill or Roll Indented the one part thereof to remain with themselves and the other part by them to be certified before the Justices of Peace at the next Sessions after such search had to be holden without the said Shires Cities Towns or Franchises there to remain under the keeping of the Custos Rotulorum Seals XLIII 22 H. 8. 12. § 1. N. 5. And that the said Justices of Peace Mayors Sheriffs Bailiffs and other Officers that is to say as they be divided shall have Power and Authority to make such and so many Seals to be Ingraved with the Names of the Hundreds Rapes Wapentakes Cities Boroughs Towns or places within the which they shall appoint and limit every such Impotent Person to beg and commit the said Seals to the custody of such of them or to the custody of such other as they shall think convenient License XLIV 22 H. 8. 12. § 1. N. 6. And shall make and deliver to every such Impotent Person by them enabled to beg a Letter containing the name of such Impotent Person and witnessing that he is Authorized to beg and the limits within which he is appointed to beg Seals XLV 22 H. 8. 12. § 1. N. 7. The same Letter to be sealed with such of the said Seals as shall be engraved with the names of the limits wherein such Impotent Person shall be appointed to beg in and to be subscribed with the name of one of the said Justices or Officers abovesaid Lieu. XLVI 22 H. 8. 12. § 1. N. 8. And if any such Impotent Person so authorized to beg do beg in any other place than within such limits that he shall be assigned unto that then the Justices of Peace Mayors Sheriffs Bailiffs Constables and all other the Kings Officers and Ministers shall by their discretions punish all such persons by Imprisonment in the Stocks by the space of two days and two nights giving them but only bread and water and after that cause every such Impotent Person to be sworn to return again without delay to the Hundred Rape Wapentake City Borough Town Parish or Franchis where they be Authorised to beg in License XLVII 22 H. 8. 12. § 2. N 1. And it is Enacted that no such Impotent Person as is abovesaid after the Feast of the Nativity of St. John Baptist next coming shall beg within any part of this Realm except he be Authorized by Writing under Seal as is abovesaid and if any such Impotent Person after the Feast of St. John be Vagrant and go a begging having no such Letter under Seal as is above specified that then the Constables and all other Inhabitants within such Town or Parish where such person shall beg shall cause every such Beggar to be taken and brought to the said Justice of Peace or High Constable of the Hundred XLVIII 22 H. 8. 12. § 2. N. 2. Pain And thereupon the said Justice of Peace or high Constable shall command the said Constables and other Inhabitants of the Town or Parish which shall bring before him any such Begger that they shall strip him naked from the middle upward and cause him to be whipped within the Town where he was taken or within some other Town
Statutes of this Relam have not been put in due Execution and partly also by reason of the multitude of the same the extremity of some whereof have been occasion that they have not been put in ure 5 Eliz. 3. § 1. N. 6. CXCVI. 3 4 Ed. 6. 16. § 1. N. 2. Therefore and for divers good considerations it is Enacted c. that the Statute Villenage c. viz. 1 Ed. 6. 3. § 2. N. 3. concerning idle persons and Vagabonds in certain cases to be made Slaves c. and all and every Article matter proviso branch and sentence therein contained shall be from henceforth utterly repealed made frustrate void and of none effect 21 Jac. 28. § 11. N. 28. 69. CXCVII 3 4 Ed. 6. 16. § 2. N. 1. And that the Statute Continuance c. viz. 22 H. 8. 12. And every matter article proviso branch and sentence therein contained to be from henceforth revived made good and stand in full strength and vertue and shall continue and remain a perfect Act of Parliament for ever CXCVIII. 3 4 Ed. 6. 16. § 3. N. 1. And be it therefore Enacted Justices c. that all Justices of Peace and every of them within the limits of their Commission and the Mayors Sheriffs Bailiffs and other Officers within their several rules and offices shall within their several limits assemble together and make their several division according to the purport and effect of this Act at the next general Quarter Sessions of the Peace to be holden after the Feast of Easter next to come for the due speedy and diligent Execution of the same Act viz. 22 H. 8. 12. CXCIX 3 4 Ed. 6. 16. § 3. N. 2. And that if any such aged or impotent person after the Feast of Easter next to come Ability shall offend contrary to this Estatute that then the said offender shall be used and punished as in the same Estatute c. viz. 22. H. 8. 12. § N. is provided CC. 3 4 Ed. 6. 16. § 3. N. 3. And that before the Feast of Easter Pain no punishment shall be put in Execution against any such Impotent Lame and Aged person but only by the discretion of the next Justice of Peace of the same Shire where such offender shall be apprehended any thing in said Act viz. 22 H. 8. 12. to the contrary notwithstanding CCI. 3 4 Ed. 6. 16. § 4. N. 2. Be it Enacted Husbandry c. that such common laborers viz. in Husbandry being persons able in body using loytering and refusing to work for such reasonable wages as is most commonly given in the parts where such persons shall dwell shall be for every such times as he or they refuse to labor having reasonable wages as is aforesaid adjudged Vagabonds and shall be punished as strong and mighty Vagabonds in such manner and form as is declared in the said Act viz. 22 H. 8. 12. § N. Cottages CCII. 3 4 Ed. 6. 16. § 4. N. 4. Be it Enacted c. that all and singular Mayors Sheriffs Bailiffs Constables or other Head-Officers of any City Town or Village to which such resort is or shall be shall before the Feast of the Purification of our Lady next following see all such Idle Impotent Maihmed and Aged persons who otherwise cannot by their discretions be taken for Vagabonds which were born within the said City Town or Village or have been there most conversant and abiding by the space of three years and now decayed bestowed and provided for of the Tenantries Cottages or other convenient Houses to be Lodged in at the costs and charges of the said Cities Towns and Boroughs and Villages there to be relieved and cured by devotion of Good people of the said City Borough Town or Village 1 Ed. 6. 3. § 13. N. 2. Continuance CCIII 3 4 Ed. 6. 16. § 9. N. 1. And be it further Enacted c. that all and every Statute and Act of Parliament made for punishment of Vagabonds Slaves Aged and Impotent persons or any of them and every Article Sentence Clause or Proviso therein contained other than this pre-present Act and Statute made and the said Act c. viz. 22 H. 8. 12. shall be from henceforth utterly void repealed and of no effect or force Records CCIV. 3 4 Ed. 6. 16. § 11. N. 2. And the said Judgment viz. 1 Ed. 6. 3. § 7. N. 3. 4. shall be entred by the Clerk of the Peace in the said Sessions in form following Memorandum that at the Sessions of the Peace holden at or on the day c. one J. B. of the Town of J. had delivered to him according to the form of the Statute in that case provided B. D. esteemed to be of the age of seaven or eight years to be ordered according to the form of the said Statute Infant CCV 3 4 Ed. 6. 16. § 12. N. 1. And if it shall fortune such Child so adjudged to run away at any time once or more times from his or her Master or Mistres that then it shall be lawful for every such Master or Mistres to take the said Child again and to keep and punish the said Child in the Stocks or otherwise by discretion or otherwise at the liberty of such Master or Mistres to have a Warrant from any Justice of Peace in the same Shire where the Child so runs away for such Child running away or going away as is provided by the Statute of Laborers viz. 12 Ric. 2. 3. for such Servants as depart away from their Master or Mistres without a reasonable cause before the end of their terme 1 Ed. 6. 3. § 7. N. 5. Justices CCVI. 3 4 Ed. 6. 16. § 13. N. 1. And that every Justice of Peace shall by force of this Act have Authority and power to make such warrant against every such person so going and runing away in like form as they or any of them may do against any Servant departing out of his Masters service without License or reasonable cause and by force of the same Warrant the Child so running or going away to be taken and ordered in every degree as is provided by the said Statute c. viz. 12 Ric. 2. 3. as is aforesaid Apprentice CCVII. 3 4 Ed. 6. 16. § 14. N. 1. And be it further Enacted c. that if and as often as it shall chance the Father Mother Nource or other bearer about of the Child or any other person or persons to steal or intice away any such Child adjudged for a Servant as is aforesaid that then and so often it shall be Lawful for the Master or Mistres of the same Child to be at his or their liberty to take an action upon the Statute of laborers viz. 12 Ric. 2. 3. against every such person so stealing or Inticing away such Child as he or they might have by reason of the said
that the said Vagabonds and other lewd persons before recited shall upon their apprehension be committed to the common Goal of the same Shire where they are so taken and apprehended and that in the most Shires of this Realm the Common-Goals are in such Towns where there be a great number of Poor people more than they are well able to sustain with their relief and in some Shires the Assizes are kept far distant from the place where the Common-Goals are by reason whereof the said Prisoners are like to famish for want of sustenance if they be not therefore provided Sessions CCCLXVIII 14 Eliz. 5. § 37. 2. N. 1. For remedy wherof be it therefore Enacted c. that it shall and may be lawful for the Justices of Peace of every Shire within this Realm at their General Quarter-Sessions of the Peace to be holden within the same Shires or the most part of the said Justices being then present to Rate and Tax every Parish within the said Shires at such reasonable summs of mony for and towards the relief of the said Prisoners as they shall think convenient by their discretions so that the said Taxation and rate doth not exceed above 6 d. or 8 d. by the week out of every Parish Church-wardens CCCLXIX 14 Eliz. 5. § 37. 2. N. 2. And that the Church-wardens of every Parish within this Realm for the time being shall every Sunday levy the same and once every Quarter in the year pay to the High-Constables or Head-Officers of every Town Parish Hundred Riding or Wapentake within this Realm all such summs of mony as their Parish shall berated and taxed for and towards the relief of their said Prisoners within their said several Parishes Lambert 467. 468. Constable CCCLXX 14 Eliz. 5. § 37. 2. N. 3. And that the said High-Constables and Head-Officers and every of them shall pay all such summs of mony so to them paid by the said Church-wardens at every General Quarter Sessions to be holden within the said several Shires to such sufficient persons dwelling nigh the said Goals as shall be appointed by the said Justices in their said open Quarter Sessions to be there ready to receive the said mony so Collected as is aforesaid Imprisonment CCCLXXI 14 Eliz. 5. § 37. 2. N. 4. And that the Collectors for the said Prisoners shall weekly distribute and pay all such summs of mony as they and every of them shall receive for the relief of the said Prisoners as aforesaid Church-wardens CCCLXXII 14 Eliz. 5. § 37. 2. N. 5. Upon pain as well the said Church-wardens of every Parish Constables and Head-Officers of every Hundred or Wapentake as also the said Collectors appointed for the Collection and contribution of the said Prisoners so making default as is aforesaid to forfeit 5 l. the one moity therereof shall be to the use of the Queens Majesty her Heirs and Successors and the other moity to the relief of the Prisoners any Statute law custom use or other thing to the contrary in any wise notwithstanding Corporation CCCLXXIII 14 Eliz. 5. § 38. 3. N. 1. Provided always that the Justices of Peace within any County of this Realm or Wales shall not intromit or enter into any City Borough Place or Town-Corporate for the Execution of any Branch Article or Sentence of this Act for or concerning any offence matter or cause growing or arising within the Precincts Liberties or Jurisdictions of such City Borough Place or Town-Corporate but that it shall and may be lawful to the Justice and Justices of the Peace Mayor Bailiffs and other Head-Officers of those Cities Boroughs Places and Towns-Corporate where there be Justice or Justices to proceed to the Execution of this Act within the precinct and compass of their Liberties in such manner and form as the Justices of Peace in any County may or ought to do within the same County by vertue of this Act any matter or thing in this Act expressed to the Contrary thereof notwithstanding CCCLXXIV 14 Eliz. 5. § 39. 4. N. 1. And that every Justice and Justices of Peace within every such City Borough Justices Place and Town-Corporate for every offence by them or any of them to be committed contrary to the intent and meaning of this Statute shall be punishable and chargeable as other Justices of Peace at large in the Counties are by this Act above appointed to be CCCLXXV 14 Eliz. 5. § 40. N. 1. Provided always and be it further Enacted c. that if it shall chance any City or Town Corporate Corporation to have in it more Poor folks than the Inhabitants thereof shall be able to relieve that in such case upon Certificate thereof made and of the number and names of persons with which they be so surcharged unto the Justices of Peace of the County in which such City or Town-Corporate shall lie and be Situate at their Quarter Sessions of the Peace by two Justices of Peace of the said County and the Mayor or other Head-Officer of the same City or Town-Corporate the Justices may by their discretions in the same Sessions take order appoint and cause the same Poor folks so Certified to be provided for and be relieved by giving of Licence to beg or otherwise in some other place or places of the said County out of such City or Town-Corporate so surcharged CCCLXXVI 14 Eliz. 5. § 41. N. 1. Provided always that this Act or any thing therein contained shall not extend to the Poor people Hospitals for the time being in the Hospital called Saint Thomas Hospital otherwise called the Kings Hospital in the Borough of Southwark near adjoyning to the City of London but that the Mayor Commonalty and Citizens of the said City of London for the time being shall and may only have the rule order and Government of the said Hospital and of the Poor people therein for the time being any thing in this Act to the contrary notwithstanding CCCLXXVII 14 Eliz. 5. § 42. N. 1. Provided alway that this Act or any thing therein contained or any Authority thereby given Games shall not in any wise extend to disinherit prejudice or hinder John Dutton of Dutton in the County of Chester Esq his Heirs or Assigns for touching or concerning any Liberty Previledge Preheminence Authority Jurisdiction or Inheritance which the said John Dutton now lawfully useth or hath or lawfully may or ought to use within the County Palatine of Chester and the County of the City of Chester or either of them by reason of any Ancient Charters of any Kings of this Land or by reason of any prescription or other lawful usage or title whatsoever CCCLXXVIII 14 Eliz. 5. § 43. N. 1. This Act to indure for seven years and from thence to the end of the next Parliament Continuance then next following 18 Eliz. 3. § 14. N. 1. Crompt 97. b. CCCLXXIX Crompt 154. b. Nor shall Bail be received
convenient time for his passage thither by which he may accordingly pass in the usual and direct ways thither and ask and take relief 39 Eliz. 4. § 14. N. 1. CCCCXLIII Lambert 302. 303. The Justices of Peace in or near the place where any Idle or wandring Souldier or Mariner Pasport coming from his Captain from the Seas or from beyond doth Land ought upon request to give him a Testimonial under his hand expressing therein the time and place of such his Landing with the place of his dwelling or birth to which he is to pass and with a convenient time therein limited for his passage thither and the Justice of Peace next adjoyning to the place or direct way where any Souldier or Mariner coming from or beyond the Seas Landeth or Travaileth and maketh known his Poverty may Licence him to pass the next and direct way to the place whether he is to repair and may limit him time necessary only for his travail thither which Licence if he pursue he may ask and take without danger for his necessary relief in such his travail that which any persons shall willingly give him 39 Eliz. 17. CCCCXLIV Lambert 330. Any two Justices of Peace Forfeiture may by Warrant under their hands and Seals cause to be levyed by distress and sale of the Goods of the offender all fines and forfeitures that shall grow by the Confession of the offender or by proof of two lawful and sufficient witnesses before them upon this Statute of Rogues 39 Eliz. 4. CCCCXLV Lambert 354. Any two Justices of Peace Justices have power to hear and determine all causes that shall grow in Question by the Statute of Rogues 39 Eliz. 4. CCCCXLVI Lambert 354. Two Justices of Peace Laborers of or near the place to which a Souldier or Mariner cometh with the Testimonial of one Justice of the Peace shall take order by their discretion for setting to work or relieving of him if he cannot of himself get work there or imploy himself in lawful course of life 39 Eliz. 4. CCCCXLVII Lambert 422. If any strangers calling themselves Aegyptians or being commonlly called Aegyptians Aegyptians have remained in the Realm one month and if any person being fourteen years of Age which hath been seen or found in the Fellowship of such Aegyptians or which doth disguise himself like to them have remained here or in Wales by the space of one Month either at one time or at several times to be enquired at Sessions 1 2 Ph. Mar. 4. and 5 Eliz. 20. 39 Eliz. 3. CCCCXLVIII Lambert 422. If any dangerous Rogue that was banished the Realm or adjudged perpetually to the Gallies Exile have returned into the Realm without lawful Licence viz. enquire at Sessions 39 Eliz. 4. CCCCXLIX Lambert 422. 423. Charge in Sessions Lieu. if any dangerous Rogue after he hath been branded in the open Sessions with a Roman R. upon the left Shoulder and sent to the place of his dwelling the place where he last dwelt by the space of a year or the place of his birth to be placed in labor have offended again in Begging or wandring contrary to the Statute 39 Eliz. 4. § N. or this Act 1 Jac. 7. CCCCL Lambert 423. Charge in Sessions Warr. if any Souldier or Marnier have wandred idle without setting himself to service labor or other lawful course of life and hath not repaired to his place of birth or dwelling and had not a lawful Testimonial from a Justice of Peace of or near the place where he landed or hath counterfeited such Testimonial or hath carryed the same knowing it counterfeit 39 Eliz 17. CCCCLI Lambert 436. 437. Charge in Sessions to inquire Infant if any person above the Age of seven years calling himself a Scholar hath gone about Begging 12 Rich. 2. 7. § 1. N. 4. Pasport 2. Or if any Seafaring man not having suffered Shipwrack nor having a Lawful testimonial from a Justice of Peace of or neer the place where he Landed have gone about begging or have transgressed such testimonial Games 3. Or if any idle person have gone about begging or have used any subtile craft or unlawful game or play or have feigned knowledge in Physiognomy Palmistry or other like crafty science or have pretended to tell destinies fortunes or such like fantastical imaginations 4. Or have uttered himself to be a Proctor Procurer patent Gatherer or Collector for any Goal Prison or Hospital 5. Or if any Fencer Bearward Minstrel or Common-player of Enterludes Ingler Tinker Pedler Pety-chapman or Glassemen have wandred abroad Suprà 439. 6. Or if any wandring person or common laborer not having otherwise than by labor to maintain himself being able of body have used loytering 7. Or refused to work for lawful wages 8. Or if any person delivered out of Goal have begged for fees or travelled begging or pretending loss by fier or otherwise have wandred beging 9. Or if any not being a Felon have pretended to be an Aegyptian or have wandered in the form or habit of counterfeit Aegyptians 22 H. 8. 10. § 2. N. 1. 10. Or if any Impotent or diseased person Licenced by two Justices of Peace to go to Bath or Buxstone have not forborn to beg or have not returned according to such Licence 11. Or if any Poor person appointed to ask relief in the same Parish by the Church-wardens and Overseers thereof shall beg in any other sort than is so appointed for all such be declared to be Rogues Vagabonds and sturdy Beggers 39 Eliz. 3. and 1 Jac. 7. Taxes CCCCLII Lambert pag. 601. If the Parish and Hundred be not able to relieve the Poor of the Parish therein then the Justices of Peace or the greater number of them may at their General Quarter-Sessions rate any other Parishes c. thereunto Lambert 356. 357. on 43 Eliz. 2. Dalt 95. cap. 40. Plague CCCCLIII Lambert 601. The Taxes for relief of the infected with the Plague must be certified at the next Quarter-Sessions and the same is to be enlarged extended or determined as to the Justices of Peace there or the more part of them shall be thought fit 1 Jac. 31. Cottages CCCCLIV Lambert 601. 602. And the General Quarter-Sessions may there by agreement with any Lord of wast or common set up Habitations for the Poor and place inmates in the same 39 Eliz. 3. Taxes CCCCLV Lambert 602. And they may also at such General Quarter Sessions assesse the Parents or Children being of sufficient ability to relieve their Poor and Impotent Children and Parents Lambert 209. And the Father Grand-Father Mother Grand-Mother and Child of the Poor being of a sufficient ability may there be Taxed towards the relief of said Poor 43 Eliz. 2. § 6. N. 1 Sessions CCCCLVI Lambert 602. the parties grieved by any Act done upon the Statute 43 Eliz. 2. § N. are to be relieved by the Justices of Peace at
of Ancient Demesne and part of Guildable Taxes and an assessement is made for the relief of the maihemed Souldiers the Goal c. according to 43 Eliz. 2. § 12. N. 2. whither the Tenants in Ancient Demesne shall contribute with the Guildable for the payments of the assessement Resolu The Statute doth not distinguish between the Ancient Demesne and the Guildable in those cases ubi lex non distinguit ibi nec nos distinguimus 15. Quest Whither an Indictment of forcible detainer be within 21 Jac. 8. § 6. N. 1. and not to be removed by Certiorari Certiorari unless the party indicted first find sureties according to the Statute 21 Jac. 8. § 7. N. 2. And whither the party indicted be to be bound himself or may send sureties to be bound in his absence to prosecute according to that Statute 21 Jac. 8. § 7. N. 2. And whither an indictment of forceible entry c. found at a private Sessions and certified to the Quarter Sessions be to be removed by Certiorari without sureties according to that Statute Resolu This is fittest to be left unto the Court of B. R. to whose courses and Jurisdiction this is most proper 16. Quest If one be convicted upon 3 Car. 1. 1. 2. § 1. N. 2. for driving of Cattle on the Sunday throughout several Parishes Days whither he shall forfeit 20 s. to every of the said Parishes or only to one if to one then to which of them Resolu 3 Car. 1. 1. 2. Giveth the forfeiture but of one 20 s. for one Sabbath day altho the driving of that day be through divers Parishes therefore where the Action is first attached and the distress first taken that Parish shall have the benefit of the forfeiture and not the other 17. Quest If one who is under thirty years of age Husbandry and brought up in Husbandry or a Maid Servant or brought up in any of the Arts mentioned in 5 Eliz. 4. § 4. N. 13. and not enabled according to that Statute to live at his or her own hand shall be warned by two Justices of Peace to put him or her self in service by a day prescribed by them and shall not do the same accordingly but shall after continue living at his or her own hand what course shall be taken with such a person and how punished Resolu Such persons being out of service and not having visible means of their own to maintain themselves without their labor and refusing to serve as an hired Servant by the year may be bound over to the next Sessions or Assizes and to be of the Good-behavior in the mean time or may be sent to the house of Correction Taxes 18. Quest Whither the tax for the relief of the Poor upon 43 Eliz. 2. § 12. N. 2. shall be made by ability or occupation of Lands or both And whither the visible ability in the parish where he liveth or general ability wheresoever And whither his Rent received within the Parish where he lives shall be accounted visible ability and whither he shall be taxed of them only and not for any Rents received from another Parish and what shall be said visible ability Resolu The Land within each Parish is to be taxed to the charges in the first place equally and indifferently but there may be an addition for the personal visible ability of the parishioners within that Parish according to good discretion wherein if there be any mistaking the Sessions c. or the Justice must Judge between them Estates 19. Quest Whither Shops Salt-pits Sheds profits of a market c. be taxable to the poor as well as Lands Cole-mines c. expressed in 43 Eliz. 2. § 1. N. 4. Resolu All things which are real and a yearly Revenue must be taxed to the poor Taxes 20. Quest Whither the tax for the County stock Goal and House of Correction is to be made 14 Eliz. 5. § 37. â—2 N. 1. and 43 Eliz. 2. § 12. N. 1. by ability and upon the Inhabitants of the parish only or upon them that are occupiers of lands dwelling in that parish or whither such as occupy lands in that parish and dwell in another parish shall be taxed Resolu If the Statute in particular cases give no special direction it is good discretion to go according to the rate of taxation for the poor but when the Statutes themselves give direction follow that Taxes 21. Quest VVhither any taxes ought to be made for the charges that pety Constables and Borsholders are at in conveying Rogues from Parish to Parish and relieving of them and how to be rated Resolu It is fit to relieve the Constable and Tythingmen in such sort as it hath been used in the several places where they live Women 22. Quest VVhither a Justice of Peace may discharge a Servant being with Child from her service allowing that as a reasonable cause that she is thereby made unable to do the service which otherwise she might have done And if he may discharge her whither that Parish shall provide for her till her delivery if she cannot provide for her self and so also if her time be expired before her delivery who shall provide for her after her time ended Resolu If a VVoman being with Child procure her self to be retained with a Master who knoweth nothing thereof this is a good cause to discharge her from her service and if she be gotten with Child during her service it is all one but the Master in neither case must turn away such a Servant of his own authority But if her term be ended or she lawfully discharged the Master is not bound to provide for her but it is a misfortune fallen upon the Parish which they must bear as in other cases of casual impotency 23. Quest Whither one being delivered of a Bastard-Child in one Parish and goeth into another with her Child and becomes a Vagrant Settlement and so is sent to the place of her birth her Bastard-Child being under the age of seven years shall be setled with the Mother and there maintained if the Mother be not able nor the reputed Father known or to be found or whither it shall be sent to the place of its birth or being setled with the Mother whither the Parish where it was born shall be ordered by the two next Justices to pay a weekly summ towards the maintenance of it Resolu The Bastard-Child must be placed with the Mother so long as it is within the Quality or Condition of a Nurse-Child which shall be till seven years of age and then it is fit to be sent to the place of its birth to be provided for the Mother or reputed Father not being able and the Parish where the Child is born shall not be forced to contribute to the Charge as long as the Mother lives and the Child be under seven year old 24. Quest A Man with his
VVife and Children takes a House in one Parish for a year Bar. Fem. and before the end of his Term is unlawfully put out of possession and after takes part of an House as an Inmate in another Parish from whence he is also put out and then not being able to get any dwelling they come to lie in a Barn in a third Parish where the Husband falleth sick and the VVife is delivered of another Child where ought these to be setled Resolu If a Man or Woman having House or Habitation in one Parish be thrust out this is an illegal unsetling which the Law forbiddeth for none must be enforced to turn Vagrant and such one must be returned to the place where he or she was last lawfully setled and the Child also born in the time of his distraction 25. Quest VVhither an Apprentice put out by the Church-wardens Apprentice c. according to 43 Eliz. 2. § N. to a Master in another Parish if his Master die and leave no Executor or Administrator fit to keep an Apprentice or able to place him he shall be provided for in the Parish where he was Apprentice or shall be sent back to the Parish from whence he was put out Resolu Servants and Apprentices are by law setled in that Parish and if they become Impotent there the Parish must abide the adventure after their term or time of service be lawfully ended 26. Quest VVhat is accounted a lawful setling in a Parish and what not Settlement Resolu This is too too general a Question to receive a perfect answer to every particular case which may happen but generally this is to be observed that the Law unsetleth none who are lawfully setled nor permits it to be done by Practice or Compulsion And every one who is setled as a Native-Householder Sojourner an Apprentice or Servant for a month at the least without a Just complaint made to remove him or her shall be held to be setled 27. Quest A Rogue is taken at C. and will not Confess the place of his birth neither doth it appear otherwise Rogues but that he confesseth the last place of his Habitation to be at S. hereupon he is whipped and sent to S. at his coming to S. the place of his birth is there known to be at W. and thereupon the Rogue Confesseth it to be so whither he might without any more Vagrancy be sent to W Resolu In this case it is fit to send such a Rogue to the place of his birth for this is but a mis-taking and no legal setling 28. Quest If an Indictment be preferred to the Grand-Jury of the Quarter Sessions of the Peace against one for Murder Man-Slaughter Robbery Justices Felony or Pety Larcency and Ignoramus found thereupon whither the said Sessions may deliver the party by Proclamation or not Resolu Not by Proclamation at all but for pety Larcencies and other pety Felonies in discretion the Goal may be delivered of them Constable 29. Quest If a Constable be chosen and refuseth to take his Oath what shall be done and whither a Constable may make a Deputy and by what means Resolu The refusal or neglect to take an Oath in such a case is a contempt worthy of punishment and thereupon to Fine and Imprison him And the making of a Deputy is rather by toleration than by Law Constable 30. Quest If a Constable die or remove out of the Parish where c. how is his place to be supplied Resolu By the Lord of the Leet if that time fall neer otherwise by the Sessions but if that be too far off then by the next Justices Constable 31. Quest If a Poor weak man be chosen Constable or Tythingman and be unfit for the place how may he be removed and a fit Man sworn in his room Resolu The Justices of Peace must help this and if the Lord of the Leet have power to chuse a Constable or Tythingman and perform it so ill it is a just cause to seize is liberty Settlement 32. Quest If a Nurse-Child a Scholar at a Grammar School or in the University prove to be Impotent by sickness Lameness Lunacy or discovery of Ideocy how such person shall be disposed Resolu A Nurse-Child or a Scholar at the Grammar School or at the University or persons sent to the Common Goal Hospital or House of Correction are not to be esteemed as persons to be setled there more than Travellers in their Inns but their setling is where their Parents are setled or themselves were last setled and Children born in Common-Goals and Houses of Correction their Parent being Prisoners are to be maintained at the charge of the County Taxes 33. Quest VVhat proportion shall Parsonages and Tythes bear to the Taxation of the Poor of the Parish Resolu The Parson or Vicar presentative shall bear according to the reasonable value of his Parsonage having consideration to the Just deductions Cottages 34. Quest VVhither for placing the Poor of the Parish not to be removed by consent of the Parish these Poor men may be placed as Inmates for a time Resolu They may by express words of the Statute 43 Eliz. 2. § 5. N. 4. Taxes 35. Quest If a Parishioner or owner within a Parish do bring into the Parish without the consent of the Parish a stranger of another Parish which is or apparently is like to be burthensome unto the Parish how may they ease themselves Resolu By taxing such a one to the charge of the rates of the Poor not only having respect to his ability or the Land he occupieth but according to the dammage and danger he bringeth to the Parish by his folly Constables 36. Quest For warding in the day time for apprehending of Rogues whither the Constable may not enlarge it to a further time Resolu VVarding in the day time is of great use and must be left to the discretion of the Constables or direction of the Justices to vary according to the occasion Ale 37. Quest VVhither Ale-houses ought to be allowed only in thorough-fare Towns and others in other places to be restrained only to sell to Poor out of doors Resolu The Justices shall do very well to allow none but in places very fit for their Situation and uses and to moderate the number 38. Quest A Man for his quality otherwise fit to be a Constable Constable or of other Office of that nature procures himself to be the Kings Servant extraordinary and by that means would excuse himself to serve in the Country Resolu A Servant extraordinary may well perform his ordinary service in the County according to his Quality DXXXVIII West Simb 2. part 127. b. Sect. 194. An Indictment against a Rogue a Vagabond and against him which lodgeth and relieveth him Indictment Suprà 505. in Pract. Precedents 82. Midlesex ss JVratores pro Dom. Rege super Sacrament
and afterwards Indicted in B. R. of a Praemunire for such his refusal he being then of the Age of Eighteen years and above and the said Oath being lawfully tendred c. all which was certified to the Court by divers of the Privy Council upon which Indictment he was Arraigned And no word in the Indictment of his standing Convicted or Indicted of Recusancy or not having received the Sacrament c. and yet the Indictment was grounded upon 3 Jac. 4. § 41. N. 1. and not upon 7 Jac. 6. § 26. N. 6. For by the Statute 7 Jac. 6. § 26. N. 5. He could not have been Indicted of a Praemunier for the first Refusal but must have been Committed until the next Assizes or Sessions and if he had there refused it the second time he might have been Indicted of a Praemunire and not otherwise But whether this Indictment were according to Law or only passed Sub silentio Quaere Note by 7 Jac. 6. § 26. N. 1. Any Privy Counsellor or the Bishop of the Dioces may now require this Oath of any Baron or Baroness of or above the Age of Eighteen years in all Cases and in some Cases three Privy Counsellors Quorum unus c. may require it of Persons above the said Degree LXX The Laws c. 205. Abr. 220. Licence Giving Power to grant Licence or Licences unto the said Recusants 35 Eliz. 2. § 12. N. 1. in the Proviso which is by 3 Jac. 5. § 6. N. 4. here repealed is only that which there Impowers the Justices of Peace for that is the only Proviso which gives Power to grant Licences and the Cause here alledged for the Repeal 3 Jac. 5. § 6. N. 2. is the giving of sundry Licences to Recusants under colour of a Proviso in 35 Eliz. 2. which can be construed only of those which were given by the Justices of Peace 35 Eliz. 2. § 12. N. 1. and not of the other Licences given by 35 Eliz. 2. in several other Cases So that the Provisoes there 35 Eliz. 2. § 13. 14. permitting the Popish Recusant to travel in Case of Process or Commandment by Privy Counsellors or the Queens Commissioners or Proclamation to render his Body to the Sheriff remain still in force and unrepealed and the Recusant may take the benefit thereof at this day Justices LXXI The Laws c. 207. 208. Abr. 221. by such Recusant is intended here 3 Jac. 5. § 7. N. 1. such Recusant as is confined by 35 Eliz. 2. § 3. N. 1. § 4. N. 1. and not only such as were mentioned in 3 Jac. 5. § 6. N. 1. For that Recital is imperfect in that it mentions only the Popish Recusant Convict 35 Eliz. 2. § 3. N. 1. whereas 35 Eliz. 2. § 4. N. 1. speaks as well of the Popish Recusant not Convicted who hath no certain place of abode And the benefit of having Licences from the King or three Privy Counsellors by force of this Act 3 Jac. 5. § 7. N. 1. is intended as well to the one as the other although the Convicted only are mentioned in the recital And this will plainly appear 1. By the following words here 3 Jac. 5. § 7. N. 2. which impower the Justices of Peace to grant Licences and expresly extend to all Persons confined by virtue of 35 Eliz. 2. Now it cannot be presumed that the Makers of the Law intended any difference between the Persons to he licenced by the King or Privy Counsellors and the Persons to be licenced by the Justices of Peace the Power given 3 Jac. 5. § 7. N. 1. to the King or Privy Counsellors being more absolute and not under such Precautions as is that which is given 3 Jac. 5. § 7. N. 3. to the Justices of Peace For the King or Privy Counsellors may grant a Licence to the Recusant to travel without any particular Cause shewn in the Licence or the assent of any other Person and without any Oath to be made by the Recusant which the Justices of Peace cannot do And there is no reason to think that the Power here given to the King or Privy Counsellors which in all other Particulars is so much more absolute and extensive than that given to the Justices of Peace should be yet less Extensive as to the Persons to be licenced 2. It were absurd to think that the Makers of 3 Jac. 5. § 7. N. 1. intended to confer a greater Priviledge upon the Recusant Convicted whose Offence appears upon Record than to such as are not Convicted c. But it by such Recusant should be meant only such as are mentioned in the Recital 3 Jac. 5. § 6. N. 1. viz. those Convicted and not all who are confined by 35 Eliz. 2. § 3. N. 1. § 4. N. 1. it would follow that the Convicted Recusant who is the more notorious Offendor may have a Licence without any Cause shewn or Oath made but he who is not Convicted is barred of that Priviledge and can apply himself only to the Justices of Peace for a Licence clogged with divers Circumstances which are not required in a Licence granted by the King or the three Privy Counsellors 3 Jac. 5. § 7. N. 1. Much less shall this Recital 3 Jac. 5. § 6. N. 1. of the Statute 35 Eliz. 2. § 3. N. 1. Impeach the express words of that Statute 35 Eliz. 2. § 4. N. 1. as if no other Popish Recusants were intended to be confined thereby but only such as are Convicted because no other are mentioned in the Recital For the Recital of an Act of Parliament in another Act of Parliament being only by way of Preface or Introduction cannot add to or diminish the Act recited or make it lyable to any other Constitution than what shall naturally flow from the Act it self 4 Inst 331. LXXII The Laws c. 208. Abr. 222. Licence Without any other Cause to be expressed 3 Jac. 5. § 7. N. 1. Here is one difference between a Licence by the King or three of the Privy Counsellors and a Licence by Justices of Peace For by these 3 Jac. 7. § 5. N. 2. it ought not to be granted unless the Popish Recusant hath necessary occasions or business but the Kings or Privy Counsellors Licence may be granted in any Case at the Recusants request LXXIII The Laws c. 200. Abr. 203. Vnder the Hands and Seals Indictment 3 Jac. 5. § 7. N. 2. An Indictment was brought upon 35 Eliz. 2. § 3. N. 1. for travelling out of the Compass of five Miles the Recusant pleaded a Licence under the Seals of four Justices of Peace and Exception was taken to the Plea for that the Licence ought to have been under their Hands as well as their Seals 2 Co. 352. Mich. 17 Jac. Maxfields Case And this is a good Exception For a Licence by a Justice of Peace although in Writing is not sufficient without Seals and Subscription both 1 Roll. 108. pl. 47.
Wife And that it was not intended that they should seize burn or deface any Books of the Husbands though Popish unless such whereby the Wife might be aided or confirmed in her Superstition So that in this Case Books written in a language or stile unintelligible to the Wife are not within the meaning of 3 Jac. 5. § 26. N. 2. nor ought by colour thereof to be taken from the Husband who is no Popish Recusant LXXX The Laws c. 238. Abr. 255. Ware In the same County where such Popish recusant shall be resident 3 Jac. 5. § 27. N. 1. A Popish Recusant lives in one County and his Arms are kept in another County by one who is no Popish Recusant such Arms cannot be seized by force of this Act by the Justices of Peace of either County Not by the Justices of Peace of the County where the Arms are kept for the seizure or taking is here limited to be by Warrant at the Sessions in the County where the Recusant resides and 3 Jac. 5. § 27. N. 1. must be strictly pursued in that particular Nor by the Justices of Peace of the County where the resident is Recusant for the Arms are in another County where they have nothing to do And also in some Cases where a Statute appoints a Justice of Peace to do a thing he may do it out of his County Justices as to take an Examination upon the Statute of Winton 13. Ed. 1. Stat. 2 cap. 1. N. of a Robery 27 Eliz. 13. § 11. N. 2. as was resolved 1 Cr. 213. Jones 239. Helier vers H. of Benburst yet he cannot Exercise any coercive Power out of his County as was resolved in that Case for his Potestas Jurisdictionis is confined to his Couâ—ty as well as that of a Bishop is confined to his Dioces See Palmer 473. Ascuiths Case Infra 266. N. 2. And here the taking Recusants Armor is a coercive Act and therefore by 3 Jac. 5. § 27. N. 1. can be Executed by warrant of the five Justices of Peace in that County only where they are Justices so that this is clearly Casus omissus and not provided for by this Act. LXXXI The Laws c. 238. Abr. 256. Imprisonment Imprisoned by warrant of or from any Justices of Peace 3 Jac. 5. § 28. N. 1. Any two Justices may grant their Warrant for imprisoning the Offender and 't is sufficient in this Case for Pluralis numerus ect duobus contentus but a Warrant from any one Justice will not serve contrary to Wingate Crown 145. LXXXII The Laws c. 238. 239. Abr. 257. Of such County Lieu. 3 Jac. 5. § 28. N. 1. That is of the County where the Popish Recusant is resident for no other County was named before A Popish Recusant lives in one County and his Arms are kept in another County by one who is no Popish Recusant the Justices of Peace of that other County cannot by force of this Act 3 Jac. 5. § 28. N. 1. imprison him that keeps them for they are not named here but the Power in this Case is expresly limited to other Justices and no other can intermeddle therein Neither will the Warrant of the Justices of Peace of the County where the Recusant is resident reach him who is in another County for the coercive Authority of a Justice of Peace cannot exceed his limits or bounds as Com. 37. is held in the Sheriffs of Londons Case And therefore in the Case of the Lord Say it was resolved That if a Justice of Peace of the County where the Felony was committed pursue a Felon into another County and take him there the Felon must be imprisoned in the County where he is taken and the Justice of Peace who pursued him hath no Power to carry him to the Goal of the County where he did the Felony for he is a Prisoner in the County where he was taken and there the Justice of Peace hath no more Power to do then an ordinary person 13 Ed. 4. 8. Fresh Suit Br. 3. So that as it seems in this Case the Party who keeps such Arms cannot be imprisoned by 3 Jac. 5. § 28. N. 1. but this likewise is Casus omissus and not here provided for Oath 7 Jac. 6. of Allegiance LXXXIII The Laws c 243. upon 7 Jac. 6. § 8. N. 1. The King cannot dispence with any Member of the Commons House of Parliament from taking this Oath of Allegiance for that he is here declared to be Persona inhabilis untill he take it Vaughan 355. Thomas and Sorrel Supra and 3 Inst 154. Justices LXXXIV The Laws c. 246. For any two Justices of Peace within any County City or Town Corporate c. 7 Jac. 6. § 26. N. 2. the two Justices may require this Oath of any person that shall happen to be within their Jurisdiction although his habitation be in another County or Liberty for the Oath of Allegiance Sequitur personam non locum 2 Bulstr 155. The King against Griffith c. Oath LXXXV The Laws c. 246. Abr. 260. To require any person or persons 7 Jac. 6. § 26. N. 2. This is an Enlargement of the Power given to two Justices of Peace by 3 Jac. 4. § 13. N. 4. for thereby they could have required the Oath but only in some particular Cases Supra But by 7 Jac. 6. § 26. N. 2. They may require it of any person whatsoever of competent Age and under the degree of a Baron or Baroness The Justices of the Peace in this Case 7 Jac. 6. § 26. N. 2. or the Justice of Peace in the following Case 7 Jac. 6. § 26. N. 4. may make his or their special Warrant to the Constable to bring the party before the said Justice or Justices to take the Oath for 7 Jac. 6. § 26 N. 2. by giving them Power to require the Oath doth implicitly authorize them to make such a Warrant Quando lex aliquid alicui concedit concedere videtur id sine quo res ipsa esse non potest and it is against the Office of the Justices of Peace and the Authority hereby given them to go and seek the Party 12 Co. 130. But the Constable cannot by vertue of such Warrant break the House where the Party is for he is no Offender before he refuse the Oath or commit some contempt to the King Endictment LXXXVI The Laws c. 247. Abr. 263. Shall stand and be Presented Indicted or Convicted 7 Jac. 6. § 26. N. 4. These words being in the Disjunctive it is not necessary that the party be convicted but if he stand Presented or Indicted for not coming to Church or not receiving the Sacrament and be under the degree of a Baron the Justice of Peace ought to tender him this Oath Intendment LXXXVII The Lands c. 247. 248. Abr 264. And the said Iustice shall find cause of Suspition 7 Iac. 6.
1. saith Mr. Marrow if the Indictee be imprisoned in another County the Justices of Peace may Award an Habeas Corpus to remove him before them XVII Lambert 518. Nosme But if it be mentioned in the Endictment that the Endictee is dwelling in another County by the Alias Dictus only then it is out of the Case of the Statute of 8 H. 6. 10. § 2. N. 1. because the Alias dictus is not to be traversed 1 Ed. 4. 1. Crompt 149 b. 150 a. XVIII Lambert 518 519. Supersedeas But yet you must prseuppose that all this Process of Utlary may be staid by Supersedeas And F.N.B. 237. E. hath the Case That if an Exigent go out upon an Endictment of Trespass found before Justices of the Peace the Party may find Sureties in the Chancery body for body to appear at the day of the Writ and may then also have a Supersedeas thence to the Sheriff commanding him to forbear to take him and to let him go if he then have already taken him for that Cause And Co. Entr. 546. The Process upon such an Endictment staid by a Supersedeas issuing from one Justice of the Peace alone and testifying that the Party came before him and found Surety de fine assidendo Crompt 150. But as I believe the former so will I not perswade the Practice of the latter because I think it not in the lawful power of any one Justice of Peace to Award any such Warrant but that it must be done by two Justices of Peace at the least the one being of the Quorum as the Commission now standeth XIX Lambert 519. Endictment It seemeth by Mr. Marrow that the Process at the Common Law upon Indictments of Felony was but one Capias and then an Exigent for so it was upon an Indictment of Death 22 Ass 81. Stanf. 67. 2. But the old Precedents grounding themselves upon the Statute 25 Ed. 3. St. 5. cap. 14. do use the mention of two Writs of Capias before the Exigent For 25 Ed. 5. Stat. 5. cap. 14. § 1. N. 2. provideth that after the retorn of Non est inventus upon the first Capias another Capias shall be incontinently Awarded whereby the Sheriff shall be commanded to seize the Chattels of the Indictee and safely to keep them till the day of the Capias retorned and if he then also retorn Non est inventus and the Endictee cometh not in the Exigent shall be Awarded and the Chattels shall be forfeited But 25 Ed. 3. St. 5. cap. 14. § 1. N. 5. if he come and yield him or be taken before the retorn of the second Capias then the Goods and Chattels shall be saved unto him Lieu. XX. Lambert 520. And here also the Justices of Peace have power to send into a foreign County 2. For whereas by the Common Law no man could be attached upon an Indictment or Utlary of Felony but only in the County wherein he was Indicted or Outlawed whereby many Evil men were much encouraged 3. The Statute 5 Ed. 3. 11. § 1. N. 2. did take order that Justices assigned to hear and determine Felonies might direct their Writs to any County in England to take such Endictees whither soever they were removed Crompt 149 b. 4. On the other side if the Endictment be found in one County and the Indictee is therein named to be then dwelling in another County supra it appears what Process is to be c. Information XXI Lambert 520 521. The power of making Process upon Informations proceedeth from special Statutes and may not therefore vary from their Directions although they themselves do vary greatly one from another 2. For upon an Information given for the King before Justices of the Peace upon 8 Ed. 4. 2. § N. of Liveries they shall Award such Process as is made upon an Original Writ of Trespass done against the Kings Peace because the Information it self is by force of that Statute instead of an Original Writ Crompt 151. 3. And upon Information made unto them that an Alehouse-keeper hath done any act whereby he hath forfeited his Recognizance they may as supra Award Proces against him to shew Cause why he should not forfeit his Recognizance by 5 6 Ed. 6. 25. § 3. N. 2. but learn if that be meant of a Scire Facias or of some other Process Supplicavit XXII F. N. B. 250. G. And if a Man be Indict of Trespass before Justices of Peace and put in Prison by Process made thereon he may sue a Writ in the Chancery directed to the Sheriff that he take Surety of him to appear before the Justices at the Sessions c. and that he let him at large but the Justices of Peace may let him by Mainprise go at large if they will Certiorari 2. F. N. B. 250. H. And if a Man be Indicted of Trespass before Justices of Peace and be taken and put in Prison therefore he may sue a Certiorari to remove this Indictment in B. R. directed to the Justices of Peace and a Writ of Habeas Corpus directed that he bring the Record at his proper Charges before the King at the same day in his Bench c. Crompt 150. Market overt 3. F. N. B. 250. ◠And if a Man be Indicted of Forestalling and taken and put in Prison therefore he may sue a Writ in Chancery directed to the Sheriff that he take surety of him to appear before the Justices to answer of the Trespass c. and that then he may let him at large Crompt 150. infra Arrest XXIII Lambert Constable 16 17. And as these Officers ought to Arrest those that do make assault upon any private Person so also may they Arrest any such as shall make Assault or Affray upon themselves whilst they be in doing their Offices and may for that purpose both lawfully defend themselves and also take the Offenders and commit them to the Goal or carry them to a Justice of the Peace for the finding of Surety of the Peace 2. But if one do Assault a man in or nigh the High-way to rob him and be taken by the true man or by any other and be brought to the Constable or such other Officer of the Peace then ought such Officer not only to take him to his Ward but also to carry him before a Justice of Peace to cause him to give Surety of his good abearing 3. So if any man do suspect another of Murder or Felony and do declare the same to any such Officer of the Peace then such Officer may Arrest the suspected person and he shall do well do carry him to a Justice of the Peace together with him that doth suspect him to the end that they both may be Examined as appertaineth supra 4. Yea any Constables Borsholders Tythingmen c. may search within the Limits of his Authority for any persons suspected of Felony for it is a chief
give Evidence against the Felon at the next general Goal-delivery to be holden within the County City or Town Corporate where the Trial of the said Felony shall be 6. And if such Informer be unable to Travel c. then the Justice of Peace may take his Information upon Oath and may Certifie the same c. and may forbear to bind such Informer to appear personally before the Justices at the Goal-delivery 7. It the Justice of Peace shall not Certifie such Examinations and Informations to the next general Goal-delivery or if the Justices of Peace shall not Certifie their Bailment or shall not bind over the Informers to â—ppear and to give Evidence against the Felon at the next general Goal-delivery c. the said Justice of Peace shall be fined for every such default or Offence at the discretion of the Justices of Goal-delivery 1 2 Ph. Mar. 13. § N. and 2 3 Ph. Mar. 10. 8. But yet if it be for Petty Larceny or other small Felonies the Justâ—ce of Peace may bind over the Informers and may Certifie the Examinations and Informations to the next Quarter-Sessions of the Peace and this was the Advice and Direction of Sir David Williams Knight late one of the Justices of the Kings Bench at the Assizes at Cambridge For said he It was not meet to keep poor Prisoners in the Goal for small Matters or Felonies from one Assizes to another and therefore he gave order that the Justices of Peace at their General-Sessions of the Peace should try and deliver Offenders for small Felonies Dalt 295. cap. 111. VIII Dalt 52. cap. 20. Coron But in the former Cases of Felony by the Kings Servant on 3 H. 7. 24. § N. and Manslaughter within the Verge c. on 33 H. 8. 12. and of razing of Records by 8 H. 6. 12. c. and of Forgery on 5 Eliz. 14. and of Imbezelling Armor on 33 H. 6. 1. § N. If any such Offender shall be brought before any Justice of Peace and charged with any such Felony Quaere how far the Justice of Peace is to deal or what he is to do therein considering the Justices of Peace are no Judges of such Felonies neither have they any Jurisdiction given them by the Statutes in such Cases And yet 2. Certificate It may seem both serviceable and safe for the Justice of Peace to Examine the Offence and then to Certifie his Examination to such Persons as by the Statutes are made Judges of the cause But 3. It seemeth in the four last Cases the Justice of Peace may not commit such an Offender to Prison nor bind over the Informers nor take the Information upon Oath IX Dalt 53. cap. 20. Trial. By the letter of 2 3 Ed. 6. 24. § N. the Jurisdiction over the last recited Felonies of stealing goods or Strokes in another County c. and over such Accessories is not committed to the Justices of Peace to Proceed to the Trial of them but this Authority is remitted to the Justices of Goal-delivery or of Oyer and Terminer yet the Justices of Peace may Examine these Offences and take Information against the Offenders and Certifie the same to the next General Goal-delivery and may bind over the Informers and commit the Offenders Also the Justices of Peace may enquire thereof and take Indictments against them as in other cases of Felony X. Dalt 54 cap. 20. Pope And if any such Offender against c. 5 Eliz. 1. or 13 Eliz. 2. or 23 Eliz. 1. of Bulls Absolution or Popery c. shall be brought before any Justice of Peace and charged with any such Offence it shall be the Justices part to take the Examination of such Offences and to bind over the Accusers and material Informers to appear and to prefer a Bill of Indictment and thereupon to give in Evidence to the Inquirors against such Offenders at the next Quarter-Sessions as it seemeth or at the next Assizes or general Goal-delivery or else in the Kings Bench whensoever upon reasonable warning they shall be thither called and then to commit the Offender to the Goal and after to Certifie the said Examinations Informations and Recognizances by him taken to the said Sessions or Goal-delivery or in B. R. c. XI Dalt 296. 297. â—ar Fâ—â—â— The Justices of Peace have Authority by 1 2 Ph. Mar. 13. § N. to bind by Recognizance all such as do declare any thing material to prove the Felony to give Evidence against the Offender and yet the Wife is not to be bound to give Evidence nor to be Examined against her Husband for by the Laws of God and of this Land she ought not to discover his Counsel or his Offence in case of Theft or other Felony as it seemeth See Stanf. 26 b. 2. Nay I have known the Judge of Assize greatly to disallow that the Wife should be Examined or bound to give in any Evidence against others in case of Theft wherein her Husband was a Party and yet her Evidence was pregnant and material to have proved the Felony against others that were Parties to the same Felony and not directly against the Husband 1 Inst 6 b. Testimony 3. But for Children I find in the Book of the Discovery of Witches at Lancaster Assizes Anno 1612. that the Son and Daughter of Elizabeth Deuice a Witch were not only Examined by the Justices of Peace against their said Mother and the said Examinations Certified and openly read upon the Arraignment and Trial but the Daughter also was commanded and did give open Evidence against her Mother then Prisoner at the Barr. 4. I find further in the said Book 4. of the Discovery of Witches that two Children the one about Nine years of Age the other of Fourteen did upon their Oaths give Evidence against the Prisoners upon their Arraignment The like was done at Cambridge at Lent Assizes Anno 1619. before Sir Henry Mountague Lord Chief Justice of B.R. 5. Accusation or Information by one that is unable to travel or decrepit is good and may be taken by the Justice of Peace upon Oath and certified at the next general Goal-delivery or Sessions of the Peace as the Case shall require 6. If one be an Accuser upon his own knowledge sight or hearing and he shall utter the same to another that other may be an Accuser Dyer 99. pl. 7. And note That an Offender confessing any Felony upon Indictment or otherwise against himself may also accuse others of the same Felony and such Accusation may be taken by the Justice of the Peace c. 8. Two Inform against another in matter of Felony and they vary in their Tales viz. in the Day and Place when and where the Felony was committed such Information is not much to be credited See the Story of Susanna 9. He that is Examined if part of that he speaketh be proved to be false he is not to be credited
Dalt 2. cap. 1. 3. The Justices of C. B. and Barons of the Eschequer be Conservators within special places only that is to say within the Precincts of their several Courts so also the Justices of Assize may Award a Man to Prison that breaketh the Peace in their presence and they may command the keeping of the Peace under a pain and that Weapons be taken from the Jurors or Witnesses that appear before them if any complaint be thereupon made but as they be meerly Justices of Assize they can neither take Surety of the Peace nor Award any Process for it by Marrow Dalt 2. cap. 1. 4. The Justices of Goal-delivery may take Surety for the Peace of a Prisoner before them that was committed for not finding Surety of the Peace by Marrow 5. The Coronors saith Britton 3. be principal Conservators of the Peace within their Counties and every Sheriff is a Conservator of the Peace within his County as Judge Fineux affirmed 12 H. 7. 17. and after him F. N. B. 81. D. where he saith that the Sheriff may upon request made and without any Writ sent unto him command a Man to find Surety of the Peace by Recognizance Crompt 196 b. Infra Dalt 3 c. 1. 6. The Steward of the Marshalsey may take Surety of the Peace by Recognizance also within the Verge by Prescription Dalt 2. cap. 1. And the Constable and Marshall of the Kings House may see to the Conservation of the Peace within the same House by Marrow 7. The Steward of the Sheriffs Turn the Steward in a Leet or the Steward in a Court of Pypowders cannot grant Surety of the Peace unless it be by Prescription Dalt 2. cap. 1. XI Kilb. Precedents 190. Bailmen◠A Recognizance to appear and Answer for Felony Memorand ' quod 20 die Maij Anno Regni Domini Caroli Secundi c. R. C. de L. Generos E. C. de L. predict Generos J. B. de eodem Gen. M. C. de Eodem Yeoman venerunt coram me J. H. Armiger ' uno Justiciar ' dicti Domini Regis ad Pacem in Com. predict conservand ' Assignat ' manuceperunt per R.B. de L. in Com. predict Gent. viz. Quilibet eorum corpus pro corpore quod idem R. B. personaliter comparebit coram prefatis Justiciarijs Socijs suis ad proximam Generalem Sessionem Pacis in Com. predict tenend ' ad stand ' Rect. in Curia si quis versus eos tunc loqui voluerit de diversis Felonijs Transgressionibus unde idem R. B. Indictatus existit ut dicitur ad respondendum dicto Domino de eisdem porut debet Datum c. XII Crompt 196. § 1. Justices A Justice of the Peace may take Recognizances of the Peace because he is a Judge of Record and yet the Commission doth not give it F. N. B. 80. Dalt 170. cap. 70. XIII Crompt 196. § 4. Justices of Peace Mayors Bayliffs Vicounts Games and every other Chief Officers who find or know of any other using or exercising any unlawful Game against 33 H. 8. 9. § 14. N. 3. may bind them by Obligation to the Kings use in such Sum as they conclude reasonable that they shall not use such unlawful Games afterwards Crompt 197 b. § 2 b. XIV Crompt 196. § 5. Sepersedeas Justices of Assize out of their Places granting the Peace Another Justice of Peace there may make a Supersedeas but not where it s granted sitting the Court as I heard was done at Derby 43 Eliz. Quaere Dalt 168. cap. 69. Ale XV. Crompt 196. § 6. Justices of Peace may take a Recognizance of such who have Licence to keep an Alehouse for keeping of good rule and that they shall not use unlawful Games there 5 6 Ed. 6. 25. § N. Variance XVI Crompt 196 b. § 7. If a Statute gives Power to a Justice of Peace to take a Recognizance or Obligation for any Cause and the Justice of Peace inserts therein any other Cause it seemeth that the whole Recognizance shall be void as Com. 62. c. Bastardy XVII Crompt 196 b. § 8. Quaere If a Justice of Peace may by his Discretion bind a Man to the good behaviour who hath gotten a Woman with Child to be forth-coming until the delivery because that otherwise paradventure he will flie but 18 Eliz. 3. § 2. N. 3. doth not give this but it seemeth reasonable Lambert 119. Dalt 191. Cap. 75. Process XVIII Crompt 196. § 9. A Justice of Peace cannot Award process upon a Recognizance forfeit before them as it seemeth but must certifie it unto the Chancery B. R. or Exchequer by 3 H. 7. 1. § 1 N. 26. Dalt 173. cap. 70. Peace Br. 11. infra Constable XIX Crompt 196. § 10. A Constable may bind a Man by Obligation to keep the Peace 10 Ed. 4. 18. Surety Br. 26. Recognizance Br. 14. but 3 H. 4. 9. Surety Br. 23. Contra. as to the Obligation with Penalty Dalt 4. cap. 1. 2. Lambert 14. 15. These Constables were ordained as it appeareth 3 H. 4. 9. Surety Br. 23. 10. H. 4. and Fitzh 172. to keep the Peace and to repress Felons and might take Surety of the Peace by Obligation if they found any Man making an Affray or otherwise commit him to Prison untill he should find such Surety I have read also that a Constable might at the common Law have Bailed a Suspect of Felony by Obligation because he was a Conservator of the Peace And that both he and the Sheriff lost this Authority by 3 H. 7. 3. § 1. N. 5. 1 2 Ph. Mar. 13. § 5. N. 2. the which Statutes in giving that Power to Justices of Peace do in the Opinion of some Men take it from the Sheriff and Constable reported by Dalison Justice Supra Sheriffs XX. Crompt 196. § 13. A Sheriff may take a Recognizance of the Peace Virtute Officij as it seemeth F. N. B. 81. D. supra because its an Office of Record Quaere tamen Cattle XXI Crompt 196. § 14. Justices of Peace in their Sessions may take a Recognizance of Badgers and Drovers that they shall not forestall nor ingross nor do any other thing against the Statute of 5 6 Ed. 6. 14. Poor XXII Crompt 196 b. § 15. A Justice of Peace in Sessions may take a Recognizance of him that takes a Rogue in Service to appear at the same Sessions a year next after 14 Eliz. 5. § N. Fowl XXIII Crompt 196 b. 197 a. § 16. A Justice of Peace may bind a Man for two years that he shall not kill nor take Phesants nor Patridges against the Statute 23 Eliz. 10. § 2. N. 5. And it seemeth it shall be by Recognizance and yet the Statute doth not say whether it shall be by Recognizance or otherwise and so he may bind him that Hawks in anothers Corn contrary to the said Statute
Domini Regis 2. Vi Armis viz. Baculis Gladijs Pugionibus Falcastris alijs Armis tam invasivis quam defensivis apud P. in B. predict ' clausum cujusdam L. M. vocat ' Bonehilclose illicite Riotose Routose fregerunt intraverunt decem caractat ' feni ad valentiam quatuor librarum de Bonis Catallis dicti L. M. ad tunc ibid em injustè illicite ceperunt asportaverunt contra pacem dicti Domini Regis contra form ' Statut ' inde Editi provisi Per quod preceptum est J. C. sub-Ballivo quod non omitteret propter aliquam libertatem c. quin Venire Faceret eosdem A. B. C. D. E. F. ad respondend ' c. Posteaque scil ' Diè Lunae proxim post Festum sancti Mich ' Archang Anno Regni Domini Regis c. coram prefatis Justiciarijs venerunt predicti A.B.C. D. E. F. in proprijs personis suis habito Auditu Indictament ' predicti separatim dicunt quod ipsi non sunt inde culpabiles de hoc ponunt se super patriam H. J. qui pro Domino Rege in hac parte sequitur similiter Ideo veniunt inde jurat ' coram Justiciarijs dicti Domini Regis ad pacem in Burgo Parochia predict ' conservandam assignatis c. ad Sessionem Pacis apud B. predict ' die Lunae proximum Post Epiphaniam Domini tunc proximum futurum tenend ' qui c. ad recogn c. qui tam c. idem dies Datus est tam prefato H. J. qui sequitur pro Domino Rege quam prefat ' A.B.C. D. E. F. Ad quas quidem Sessiones Pacis tent ' apud B. predict ' in Com. predict ' dicto Die Lunae proximo Post Festum Epiphaniae Domini Anno Regni Regis c. coram Ballivo dictis F. F.T. D. R. J. socijs suis Justiciarijs dicti Domini Regis ad Pacem in dicto Burgo Parochia Conservandam nec non ad diversas felonias transgressiones alia malefacta in eodem Burgo Parochia perpetrata Audienda terminanda assignatis venerunt tam prefatus H.J. qui pro Domino Rege in hac parte sequitur quam prefat A.B.C.D. E. F. in proprijs personis suis Juratores per sub-Ballivum Burgi Parochiae predict ' ad hoc impannellat ' exacti viz. F. F. Mercer or Draper c. similiter venerunt qui ad veritatem de premissis dicend ' triati Jurati dicunt super Sacrament ' suum quod predict ' A. B. C. D. E. F. Culpabiles sunt eorum quilibet culpabilis est de transgressione contemptu Rioto predict ' in indictamento predict ' superius specificatis modo forma prout superius versus eos supponitur Ideo consideratum est per curiam quod predict ' A.B.C. D. E. F. Capiantur ad satisfaciend ' dicto Domino Regi de finibus suis occasione transgressionis Contemptus Rioti predicti Qui quidem A. B.C. D. E. F. ad tunc ibidem presentes in curia petierunt se ad finem cum dicto Domino Rege occasione predict ' admitti ideo ponant se separatim in misericordia dicti Domini Regis assessat ' finis ejusdem A. B. per Justiciarios predict ' ad 5 l. assessatur finis ejusdem C. D. ad 3 l. c. bonae legalis monetae Angliae ad opus usum dicti Domini Regis Lambert 535 536 Dalt 400. cap. 130. XXXV Lambert 381. And albeit the Power of these Justices be joynt at the Sessions yet to some purpose each one by himself hath a distinct Power also for if one of them sitting in his Judicial place shall see a Riot he may cause the Parties to be Arrested and may also Record the Riot whereby they shall be so concluded as they have none answer to it Justice of Peace Fitz. 9. supra 12. N. 5. infra XXXVI Lambert 494 495. Endictment An Endictment of a Riot without saying Contrà formam Statuti c. is not good as may appear in the Traverse Lambert 535. supra because it is no Riot but by that Statate 13 H. 4. 7. and yet it is not of necessity that the Statute be verbally rehearsed but only that the Offence against the Statute be sufficiently and with full words described Com. 179. infra XXXVII Dalt 109. cap. 46. And yet if one Justice of Peace sitting in a Judicial place as in the Sessions shall see a Riot he may command them to be Arrested and may make a Record thereof and the Offenders shall be concluded thereby supra But if one Justice of the Peace shall see a Riot in another place and shall command them to be Arrested and shall make a Record thereof the Offenders shall not be concluded thereby but may Traverse it supra And yet the Justice may Record it and certifie the same to the next Sessions Kâ—ll 41. XXXVIII Dalt 109. cap. 46. If a Justice of Peace commit a Man to Ward pretending untruly that he did a Riot where he did none the party may have an Action of Trespass against him see 8 Co. 121. supra yet see Judges Br. 2. 10. that an Action will not lye against a Justice or Judge of Record Lambert 316 supra Assemblies XXXIX Lambert 183. The Statute 1 Mar. 1. St. 2. cap. 12. § N. and 1 Eliz. 16. § N. do make three degrees of Riots and Seditious Assemblies in certain special Cases The first consisting of the common number of three Persons and being under the Number of twelve the second of twelve Persons or more and the third of forty Persons and upwards all which are to be punished diversly according to the number intent act and obstinacy of the Parties Assembled wherein there is some imitation of an ancient Law that King Ina made against Thieves whose degrees in Offence he also severed and punished by their Number saying thus that Thieves we call them untill the Number of seven men from 7. a Troop untill 35. and an Army above that Number XL. Lambert 183 184. One Justice of Peace therefore may by vertue of these Statutes 1 Mar. 1. St. 2. cap. 12. and 1 Eliz. 16. make or cause to be made a Proclamation in the Kings Name after three Oyes thus The King our Soveraign Lord chargeth and commandeth all Persons being assembled immediately to disperse themselves and peaceably to depart to their Habitations or to their lawfull Bâ—siness upon the pains contained in the Act lately made against Unlawfull and Rebellious Assemblies And God save the King Dalt 110. cap. 86. 2. And he also may at his discretion assemble his Majesties Subjects to take them and may take them indeed if they disobey Crompt 195 b. pl. 26. and shall be unpunished for the hurting or maiming or Killing of any of them if they make resistance He also is
11 H. 7. 15. § N to appoint two Justices of the Peace that may controll the Sheriffs Books Dalt 132. cap. 51. And by 27 Eliz. 12. § 2. N. 1. for taking the Oath of the Under-Sheriff VII Lambert 425 426 427 428 429. Enquiry in Sessions if any Sheriff have letten his County or any his Balywicks Hundreds or Wapentakes 2. Or have Retorned in any Pannels any Bayliffs Officers or their Servants 3. Or have refused to let to Bail upon sufficient Sureties any Person being in his Custody because of any Action Personal or because of Endictment in Trespass and not being in for any Condemnation Execution Utlary Excommunication Surety of the Peace or Commandment of any Justice or for being a Vagabond 4. Or have taken any Obligation by Colour of his Office but only to himself and upon the Name of his Office and upon Condition only to appear according to the Writ or Warrant 5. Or have taken for an Arrest above 20 d. or if he or any other Minister have taken any thing for making of any Retorn or Pannel or above 4 d. for the Copy of a Pannel or above 4 d. for the said Obligation or for any Warrant or Precept or any Bayliff above 4 d. for making any Arrest or the Goaler above 4 d. upon the committing to his Ward of any Person Arrested or Attached 23 H. 6. 10. 6. If any Sheriff or other his Minister have Arrested or Imprisoned or caused any Fine or Ransom or Amerciament to be levyed of any Person by reason of any Endictment or Presentment made by the Sheriff Turn or Law-day without Process from the Justices of Peace for the same first obtained 1 Ed. 4. 2. § 1. N. 5. Lambert 513. 7. Or have not brought in such Endictments and Presentments to the Justices of the Peace at their next Sessions 1 Ed. 4. 2. § 1. N. 4. 8. If any Sheriff or any his Ministers have entred into his Books any Plaints in any Mans Name not being present in the Court either in his own Person or by sufficient and honest Attorney or Deputy or have entred any more Plaints than the Plaintiff supposeth that he hath cause of Action for or have levyed the Shire Amerciaments without Book indented between them and two Justices of the Peace 11 H. 7. 15. § N. Dalt 133. cap. 51. 9. Or if the Bayliff of the Hundred have made default in warning or Executing any Warrant against any Defendant in the Sheriffs Court Dalt 133. bis cap. 51. 11 H. 7. 15. § N. 10. If any Sheriff or his Minister have levyed any the Debts of the King without shewing to the Parties the Estreats of the same under the Seal of the Exchequer 42 Ed. 3. 9. § N. and 7. H. 4. 3. § N. 11. If the Sheriff of this Shire or any other Person to whom it appertained to make Retorn of any Writ hath retorned any Juror without the true Addition at the Place of his abode at the time of that Retorn or within a year next before or without some other Addition by which the Juror might well be known 27 Eliz. 7. § N. 12. If any Estreat of Issues hath been gathered of any Person other than such as by virtue of the said Estreat was of right chargeable or charged therewith 27 Eliz. 7. 13. If any Under-Sheriff or other of the said Persons named 27 Eliz. 12 hath committed any Act contrary to the said Oaths 14. If any Sheriff or Goaler have denyed to receive Felons by the delivery of any Constable or Townshâ—ps or have taken any thing for receiving of such 4 Ed. 3. 10. § N. Ships Seamen Shipwright see Admirals Silk see Drapery Silver see Metal Skinners see Leather Slander Libels Words Rumors News I. CO. Inst 3. 198. cap. 93. The Law before the Conquest was that the Author and spreader of false Rumors amongst the People had his Tongue cut out if he redeemed it not by the Estimation of his Head Inter Leges Alveredi cap. 28. II. Crompt 84 b. 85 Enquiry in Sessions if any one hath published or forged false News or Controversies viz. Tales whereby Discord or Slander may arise between the King and his People or between the Nobles of the Realm the Offender shall be Imprisoned untill he can produce in Court the Author of such News 3 Ed. 1. W. 1. cap. 33. 34. and 1 and 2 Ph. Mar. 3. § 2. N. 2. 2. If any one hath forged or Counterfeited any false News and horrible false Lies of any Prelates Dukes Earls Barons or other Nobles and great Men of the Realm or of the Chancellor Treasurer Clerk of the Privy Seal Steward of the Kings Household Justices of the one Bench or of the other or of any great Officer of the Realm of things that by them were never spoken nor thought to their great slander whereupon debate and discord may rise between the said Lords and Commons they shall be punisht according to 3 Ed. 1. W. 1. cap. 34 33. untâ—ll they have brought into Court the Author of the said false News and Lies by 2 Rich. 2. 5. 1 2 Ph. Mar. 3. § 2 N. 2. 3. If the Forgers and Counterfeiters of false News c. mentioned in 3 Ed. 1. W. 1. cap. 34 33 and 2 R. 2. 5. cannot bring into Court the Author of such false News then they shall be punisht by advice of the Kings Council 12 Rich. 2. 11. § 1. N. 3. 4. Slanderous words of the King shall be punisht by Fine and Imprisonment on 3 Ed. 1 W. 1. 34. 33 and not by advice of the Privy Counsel on 12 Rich. 2. 11. for the King is a Person exempt and not implied within the words Great Men or Nobles c. Oldnols Case 4 5 Ph. Mar. Dyer 155. III. Poult de Pace 1 b. There is another foul puddle that ouzeth from the same corrupt Gogmire with Menaces and distilleth out of a heart likewise infected with Malâ—ce and Envy but is devised and practised by another mean than the former which is by Libelling secret slandering or defaming of another c. 2. And whether this Libelling secret Slandering or defaming be against a Publick Magistrate or Private Person yet it may tend to the breach of the Peace to the raising of quarrels and effusion of Blood and so may be a speciall impediment of that Peace which all good Policy endeavoureth to maintain 5 Co. 125 libr. intr 13. Hob. 354. IV. Crompt 197. Every Justice of Peace within a Month after the Offence may commit any one that is vehemently suspected to speak or report Slanderous News or Tales against the Queen that now is if he do not find Sureties to appear at the next Quarter-Sessions or Goal-delivery there to remain till he will find Surety ut supra 23 Eliz. 2. V. West Symb. 2 part 129. Sect. 200. An Indictment for words spoken against the Queen on 23 Eliz. 1. Glos ss Juratores pro Domina Regina super
a Supersedeas proceeding out of the Chancery will discharge 〈◊〉 Surety of the Peace taken before the Justices in B. R. much more then will a Supersedeas sent out of the Chancery or B. R. discharge a Precept for the Peace that is Awarded from an Inferior Justice of the Peace and if a Justice of the Peace to whom a Supersedeas out of such high Court shall be delivered will not thereupon Surcease an Attachmnet may be awarded against him for his contempt and he may be Imprisoned and fined for it Crompt 145 b. 9. It is good Counsel therefore given F. N. B. 238. where he willeth the Justice of Peace after sucâ— a Supersedeas received to forbear to make any Warrant to Arrest the Party And if they have Awarded it then to make their own Supersedeas to the Sheriff and other Officers thereby commanding them to Sâ—rcease to put it in Execution III. Lambert 123. And the like imitation of a Release of the Peace or good Abearing Tit. Peace 69. may be used also for a Supersedeas of the good abearing if at the least that be grantable by the Justices of the Peace Dalt 366. cap 122. infra IV. Lambert 112 113. Furthermore if a Man be bound before a Justice of the Peace to keep the Peace against all the Kings People and to appear at the next Quarter-Sessions and do afterwards procure a Supersedeas out of the Chancery testifying that he hath found Surety therâ— against all the King-People for ever this will Discharge his Appearance at the Sessions because thâ— granting of this Supersedeas is the Act of the King which is the Fountain of Justice and controlleth all other derived Authorities Fitzh 9. Dalt 169. cap. 69. Crompt 139. § 12. 2. But if that Supersedeas should testifie that he hath found Surety in the Chancery only untill a certain day which day is after those Sessions then Mr. Fitzh thinketh that his Appearance at the Sessions shall not be discharged by the Supersedeas Crompt 139. pl. 4. 10. 11. 3. In both these Cases also I would advise the Justice of Peace to send in as well the Recognizance as the Supersedeas if it come to his hands for peradventure the Recognizance was broken before the Supersedeas purchased or if it were not yet he shall be excused and the Recognizor never a whit the more endangered thereby V. Lambert 157 158. It is I know the Opinion of Marrow that the Sessions on death of that Justice that enquired of forcible Entry Br. 27. may grant restitution grounding himself upon the same equity by which the Justices of B. R. are enabled to do it howbeit it may appear Dyer 187. pl. that the Law is otherwise taken both therein and also in the granting of a Supersedeas to stay the Restitution because no Justices can do the one or the other but they only that were present at the Session when the Endictment was found except those of B. R. who for the supposed presence of the King do carry a supream Authority in these Cases of the Crown VI. Lambert 378. Yea if two Justices Quorum unus make a Precept for a Sessions of the Peace all their fellow Justices cannot discharge it by their Supersedeas but a Supersedeas out of the Chancery will discharge it saith Fitzh VII Lambert 518 519. But yet you must presuppose that all this process of Utlary may be staid by a Supersedeas 2. And F. N. B. 237. hath the Case that if an Exigent go out upon an Endictment of Trespass found before Justices of the Peace the Party may find Sureties in the Chancery Body for Body to appear at the day of the Writ and may then also have a Supersedeas thence to the Sheriff commanding him to forbear to take him and to let him go if he then have already taken him for that cause Crompt 145. pl. 10. 11. 3. And again libr. Intr. 546. you may see the Process upon such an Endictment of Trespass staid by Supersedeas Issuing from one Justice of the Peace alone and testifying that the Party came before him and found Surety de fine assidendo Crompt 145. pl. 8. Dalt 366. cap. 122. 4. But as I believe F. N. B. 237. so will I not perswade the practice of libr. Intr. 546. because I think it not in the lawfull Power of any one Justice of the Peace to Award any such Warrant but that it must be done by two Justices at the least the one being of the Quorum also as the Commission now standeth Dalt 366. cap. 122. VIII Crompt 138. pl. 10. But it seemeth that another Justice cannot Discharge Precept to the Sheriff for the Peace made by another and give another day to the Party to appear at any other Sessions than is exprest in the same Precept because one Justice hath no more Authority than another and this Warrant or Precept is a matter of Record which cannot be discharged by another Justice Crompt 122. pl. 133. IX Crompt 138 139. pl. 11. And if a Man be obliged by Recognizance before any Justice of Peace to keep the Peace against all the Kings Lieges and to appear at the next General Sessions in the same County now another Justice of Peace cannot grant a Supersedeas that he shall appear at any other Sessions and not at that Sessions to which he is obliged by Recognizance to appear because he cannot discharge that Recognizance so taken by the other Justice and the Justice is bound by 3 H. 7. 1. § 1. N 26. to certifie the Recognizance at the next Sessions and the Party shall be called thereon Fitzh 8 but Nota there is no Penalty to the Justice if he doth not certifie by the said Statute X. Crompt 144. 145. pl 1. If a Supplicavit be Awarded out of the Chancery against one to find Surety of the Peace in the County and the Party cannot travel because of infirmity or otherwise will not travel himself to the Chancery he may find Surety there to keep the Peace and shall have a Supersedeas in the County and in this Writ it shall be sent to the Justices to take Surety of the Party himself and by this means his Travel may be saved see F. N. B. 81. like matter and Dalt 168. and 169. cap. 69. 2. A Man hath a Supplicavit of the Peace out of the Chancery to bind A. B. to the Peace and to certifie the Recognizance in Chancery without delay now if A. B. be taken he shall be bound to the Peace for ever for it is not contained that he shall bind himself to keep the Peace untill a certain time but generally Crompt 242 b. therefore to prevent this A. B. before he is attacht must bind himself in the Chancery untill a certain day and shall have a Supersedeas into the County to the Justice and Sheriff to cease to compel A. B. to find Surety upon the said Writ of Supplicavit 3. A Man found Surety of the Peace in C. B. untill
1. § 30. N. 1. The Treason of putting in ure any Instrument of Reconciliation gotten from the See of Rome 13 Eliz. 2. The Treason of absolving or withdrawing his Majesties Subjects from their natural Obedience 23 Eliz. 1. Dalt 228. cap. 89. II. Lambert 405 406 407. tit Pope Enquiry in Sessions if any Person have within this half year by writing printing teaching preaching express deed or act advisedly maliciously and directly affirmed holding set forth or defended the Authority Preheminence Power or Jurisdiction Spiritual or Ecclesiastical of any Foreign Prince or Person whatsoever heretofore claimed used or usurped in this Realm or any the Kings Dominions 2. Or have advisedly maliciously and directly put in use or executed any thing to the extolling setting forth or defence of any such pretended or usurped Jurisdiction Preheminence or Authority or any part thereof 3. Or if any Person compellable to take the Oath of Recognition of the King's Majesty to be Supream Governour in all Cases within his Dominions have refused to take the said Oath after lawful tender thereof to him made 4. If any Person under the King's Obedience have at any time within this year by writing cyphering printing preaching or act advisedly holden or stood with to extoll or defend the Power of the Bishop of Rome or of his See heretofore claimed or usurped within this Realm 5. Or by any speech open deed or act advisedly attributed such manner of Authority to the said See of Rome or to the Bishop thereof within any the King's Dominions ye shall present him his Abettors Procurors Counsellors Aiders and Comforters 5 Eliz. 1. 6. If any Person have by any means practised to absolve perswade or withdraw any other within the King's Dominions from their natural Obedience or for that intent from the Religion now establisht here to the Romish Religion or to move them to promise Obedience to the See of Rome or other Estate 7. Or if any Person have been willingly absolved or withdrawn or have promised such Obedience 23 Eliz. 1. 8. And if any Person have willingly aided or maintained any such Offendor or knowing such Offence have concealed it and not within the twenty days disclosed it to some Justice of Peace or other higher Officer 23 Eliz. 1. III. Lambert 506. And therefore Justices of Peace may only Enquire of certain the Offences against 1 Eliz. 1. 2. 5 Eliz. 1. 13 Eliz. 2. touching the knowledging the King's Supremacy or the Service of God or coming to the Church or the establishment of true Religion as you may see 23 Eliz. 1. Dalt 54. cap. 20. 2. And they may only Enquire of any the Treasons or Misprisions of Treasons made by the same Act 23 Eliz. 1. Coron Fitz. 360. Br. 257. 9 H. 4. 1. pl. 1. IV. Crompt 21. pl. 3. Nota That the Justices of Peace may Enquire of Murder or Petty Treason because their Commission § 6. is De omnibus Feloniis see 6 H. 7. 5. pl. 4. tit Coron 31. Leet Br. 12. 2 Inst 31â— Dalt 234. cap. 91. V. Poult de â—â—ce 173. § 10. That 33 H. 8. 23. § N. is Repealed by 1 2 Phil. Mar. 10. § N. touching the Indictment and Trial of Traitors for they are to be indicted and tried in the County where the Offence was Committed or by the Freeholders of that County according to the Course of the Common Law notwithstanding that they have confessed their Offences before three of the King's Counsel Trespass Affray Peace Force Riot Maihem I. LAmbert 424. Enquiry at Sessions If any Person have maihmed another of any Member whereby he is the less able to fight as by putting out his eyes striking off his hand finger or foot beating out his fore-teeth or breaking of his skull and of their Accessories 2. If any have Committed unlawful Assault beating wounding or such like Trespass against the Body of any Man 3. Or have with Force and against the Law taken the Goods of another or have done any Trespass in the Lands of another this is in the Commission of the Peace II. Lambert 301 302. The Justice of Peace where the Hedge or Pale-breaker cutter of Corn or Wood robber of Orchard or Garden and such like is apprehended or the Offence is committed may upon the Testimony of one sufficient Witness upon Oath cause the Offender to pay Damages and to be whipped by the Constable 43 Eliz. 7. Dalt 21. cap. 6. Crompt 96. Trials see Proof Troop see Riot Travellers see Ways Treasure see Money Truce see Admirals Trunks see Fish Tumults see Riot Turn see Sheriffs Vagabonds and Vagrants see Poor Venire Facias see Enquest Process Vessels see Measures Victuals I. LAmbert 448 449 451. Enquiry in Sessions if any Butcher Fishmonger Innholder Tipler Brewer Baker Poulterer or other Seller of Victual have not sold the same at reasonable prices and for moderate gains 23 Ed. 3. 6. 13 Rich. 2. 8. 2. If any Butchers Bakers Brewers Poulterers Cooks Fruiterers or any Mystery of any of them have conspired or taken any Oath or Promise not to sell but at prices certain agreed between them 2 3 Ed. 6. 15. 3. If any Butcher have sold or offered to sell Swines-flesh meezled or any Flesh that died of the Murrain or if any other Victualler have sold or offered to sell any corrupt or unwholsom Victual 51 H. 3. pag. 13. cap. 7. § 3. N. 1. infra Crompt 87 b. 4. If any Person have bought to sell again any Butter or Cheese unless it be in open Fair or Market by retailing it after the weigh of Cheese and Barrel of Butter or after a less quantity or unless it be Victuallers for that which shall be retailed or spent in their Houses 3 4 Ed. 6. 21. 5. If any Innholder Taverner Alehouse-keeper Common Victualler Common Cook or Common Table-keeper hath uttered or put to sale any kind of Flesh Victual upon any day in the time of Lent or upon any Sunday Saturday or other day appointed by former Law to be Fish-day not being Christmas-day except it be to such Person as resorting to such House had lawful Licence to eat the same according to the Statute thereof made 5 Eliz. 5. § 14. N. 1. 6. If any Person other than by reason of Age Sickness Childing or Licence have within this year eaten Flesh in Lent or upon any Fish-day observed by the Custom of this Realm 5 Eliz. 5. § 15. 35 Eliz. 7. 1 Jac. 29. II. Crompt 87 b. Enquiry in Sessions of Butchers that sell Swine-flesh meezled or Flesh that dieth of the Murrain for the first time he shall be grievously Amerced for the second time shall be put on the Pillory and for the third Offence shall be imprisoned and make a Fine and the fourth time he shall forejudge the Vill 31 Ed. 1. Incert ' temps pag. 85. cap. 7. de Pistoribus Braceatoribus c. Justice of Peace may Enquire of this Offence by their Commission
again and go wandering and will not Labour as they were wont in times past Process And to take and arrest all those that they may find by Indictment § 1. N. 5. or by Suspition to put them in Prison Bayl. And to take of all them that be not of good Fame § 1. N. 6. where they shall be found sufficient Surety and Mainprize of their good behaviour towards the King and his People and the other duly to punish to the Intent that the people be not by such Riotors or Rebells troubled nor endamaged nor the Peace blemished nor Merchants nor others passing by the high-ways of the Realm disturbed nor put in the peril which may happen of such Offenders 1 R. 3. 3. § 1. N. 2. Coron And also to Hear and Determine at the Kings Suit § 1. N. 7 all manner of Felonies and Trespasses done in the same County according to the Laws and Customs aforesaid Justices And that Writs of Oyer and Terminer § 1. N. 8. be granted according to the Statutes viz. 2 Ed. 3. Cap. 7. thereof made and that the Iustices which shall be thereto Assigned be named by the Court and not by the Party Enquest And the King will that all general Enquiries before this time granted § 1. N. 9. within any Seigniories for the Mischeifs and Oppositions which have been done to the People by such Inquiries shall cease utterly and be repealed Amerciaments And that Fines which are to be made before Iustices for a Trespass done by any Person be reasonable and just § 1. N. 10. having regard to the quantity the Trespass and the causes for which they be made Measures Item It is Accorded that they which shall be Assigned to keep the Peace Cap. 5. shall have Power to Enquire of Measures according to the Statute thereof made the five and twentieth year of the Reign of our Lord the King viz. 25 Ed. 3. St. 5. Cap. 9. Days Item That in the Commissions of Iustices of the Peace 36 Ed. 3. C. 12. and of Labourers Express mention be made that the same Iustices make their Sessions four times by the year that is to say one Sessions within the Utas of the Epiphany the second within the second week of Lent the third between the Feasts of Penticost and of St. John Baptist the fourth within the eight days of St. Michael 2 H. 5. Cap. 4. § 2. N. 2. 25. Ed 3. Cap 8. Enquest It is Assented c. that c. in all Enquiries within the Realm 42 Ed. 3. C. 4. § 1. N. 2. Commissions shall be made to some of the Iustices of the one Bench c. or Iustices of the Peace with others of the most worthy of the County c. Accountant And that he viz. that will Complain of Sheriffs C. 9. § 1. N. 4. Leavying of the Kings Debt c. have his Suit as well before Iustices of the Peace as before other Iustices Statuta Rich. 2. Peace ITem 1 R. 2. Cap. 2. Our Lord the King greatly desiring the Tranquillity and quietness of his People Willeth and straightly Commandeth that the Peace within this Realm of England be surely observed and kept so that all his Lawful Subjects may from henceforth Safely and Peaceably go and come and dwell according to the Law and Vsage of the Realm Pleading And that Iustice and Right § 1. N. 6. be indifferently Ministred to every Person Riot Commissions shall be awarded to arrest Rioters 2 R. 2. C. 7. and other persons Offensive to the Peace and to Imprison them A Repeat of the Statute of 2 Rich. 2. Cap. 7. touching Riots 2 R. 2. St. 2. C. 2 Justices A profitable Act not Printed 4 Inst 176. 3 R. 2. N. 39. Rot. Pat. Treason It shall be Treason to begin a Riot or Rumour 1 Ed. 6. 5 R. 2. C. 6. § 1. N. 2 Cap. 12. Cap. 7. § 1. N. 2. And in such case viz. where entry is given by Law not with strong hand nor with multitudes of people Force but only in peaceable and easy manner 15 Ric. 2 Cap. 2. 7 Ric. 2. Ca. 5. Iustices c. shall Examine Vagabonds Poor bind them to their good abearing or Commit them to prison Cap. 13. Item It is ordained and assented Riot and also the King doth prohibit that from henceforth no man shall ride in Harness within the Realm Contrary to the form of the Statute viz. 2 Ed. 3. Cap. 3. of Northampton thereupon made neither with Launcegay within the Realm the which Launcegayes be cleerly put out within the Realm as a thing prohibited by our Lord the King upon pain of Forfeiture of the said Launcegayes Armours and other Harness in whose hands or possessions they be found that bear them within that Realm Contrary to the Statutes and Ordinances aforesaid without the Kings special Lycene 20 Rich 2. Cap. 1. 12 Ric. 2. Ca. 2 Item Chancery It is accorded that the Chancellor c. and all others that shall be called to ordain name or make Iustices of Peace c. shall be firmly sworn that they shall not ordain c. for any gift or Brocage Favour or Affection Cap. 10. Item It is ordained and agreeed Justices that in every Commission of the Iustices of Peace there shall be Assigned but six Iustices with the Iustices of Assises 14 Ric. 2. Cap. 11. § 1. N. 2. And that the said six Iustices shall keep their Sessions in every Quarter of the Year at least and by three dayes if need be Dayes upon pain to be punished according to the Discretion of the Kings Counsel at the suit of every man that will Complain 25 Ed. 3. Cap. 8. and 2. H. 5. Cap. 4. § 2. N. 2 14 H. 6. Cap. 4. N. 4. § 1. N. 3. And they shall enquire diligently among other things touching their Offices if the said Majors Bayliffs Stewards Constables Enquest and Goalers have duly done Execution of the said Ordinances viz. 12 R. 2. Cap. 3. 4. 5. 6. 7. 8. 9. Of Servants and Labourers Beggars and Vagabonds and shall punish them that be punishable by the said pain of an hundred shillings by the same pain and they that be found in default and be not punishable by the same pain shall be punished by their Discretion § 1. N. 4. And every of the said Iustices shall take for their wages four Shillings the day for the time of their said Sessions Fees and there will be two shillings of the Fines and Amerciaments rising and coming of the same Sessions by the hands of the Sheriffs § 1. N. 5. And that the Lords of Franchises shall be contributory to the said Wages after their rate of their part of Fines and Amerciaments aforesaid Franchise § 1. N. 6. And that no
â—â—â—r Provided always and be it Enacted by the Authority aforesaid § 9. N. 5. that after the death of every such Copy-holder Customary-holder or Farmer as so shall offend and forfeit any of their said Copy-holds Customary-holds or Farms as is aforesaid that then all and every such person and persons as should or ought to have had the said Copy-holds Customary-holds or Farms after or by the death of such Copy-holder Customary-holder or Farmer in case such Copy-holder Customary-holder or Farmer had not so offended ne forfeited shall and may have the same Copy-holds Customary-holds and Farms by Entry Action Admission or otherwise in like Manner Form and Condition and by such Ways and Means as they and every of them should might or ought to have had if no such Forfeiture or Offence had been had done or committed 1 Mar. 1. St. 2. Cap. 12. § 10. N. 1. § 10. N. 1. And furthermore it is Ordained and Enacted by the Authority aforesaid that if any person or persons after the said twelfth day of February Coron by open Word or Deed shall procure or stir any other person or persons to arise or make any Traiterous or Rebellious Assembly to the intent to do exercise or put in ure any of the things above mentioned that then every person so procuring moving or stirring any other shall therefore be deemed and adjudged a Felon and suffer pains of Death and forfeit his Goods Cattels Lands and Tenements as in Cases of Felony 1 Mar. 1. St 2. Cap. 12. § 19. N. 1. §. 10. N. 2. And shall also lose the Benefit of his Clergy and Sanctuary Clergy § 11. N. 1. And also be it further Enacted by the Authority aforesaid Imprisonment that if any person or persons which at any time after the same day shall be spoken unto moved or stirred to make any Commotion Insurrection or unlawful Assembly for any of the intents above mentioned and do not within twenty four hours next after he or they shall be so spoken unto moved or stirred unless he shall have a good and reasonable cause of excuse declare the same to one Iustice of Peace or Sheriff of the said County or to the Mayor Sheriffs Bailiff or Bailiffs or other head-Officer of any City or Town-Corporate where such speaking motion or stirring shall be had shall suffer Imprisonment until he shall be discharged by three Iustices of Peace of the same Shire where the Offence shall be whereof one of the said Iustices shall be of the Quorum 1 Mar. 1. Stat. 2. Cap. 12. § 11. N. 1. § 12. N. 1. And it is Ordained and Enacted by the Authority abovesaid Imprisonment that if any person or persons being above the age of eighteen years and under the age of forty years being able to serve and not sick lame or impotent shall be required by any Iustice of the Peace or any Sheriff of any County where any such Assembly shall be or by any Mayor Bailiff or other Head-Officer of any City Borough or Town-Corporate or by any other by the Commandment of any such Iustice of Peace Sheriff Mayor Bailiff or other Head-Officer to go with him or them to suppress the persons unlawfully assembled in manner and form aforesaid that then every person so being able and required do willingly and obstinately refuse so to do shall suffer Imprisonment of his Body for one year without Bail or Mainprize 1 Mar. 1. Stat. 2. Cap. 12. § 12. N. 1. § 12. N. 2. And make Fine and Ransom at the Kings Will and Pleasure Amercements § 13. N. 1. Provided always and be it Enacted by the Authority aforesaid that if the King shall by his Letters Patents make any Lieutenant in any Countiy or Counties of this Realm for the suppressing of any Commotion Rebellion or unlawful Assembly War that then all Iustices of Peace of every such County and the Sheriffs and Sheriff of the same as all Mayors Bailiffs and other Head-Officers and all Inhabitants and Subjects of any County City Borough or Town-Corporate within every such County shall upon the Declaration of the said Letters Patents and Request made be bound to give attendance upon the same Lieutenant to suppress any Commotion Rebellion or unlawful Assembly unless he or they being so required have any reasonable excuse for his not attendance upon pain of Imprisonment of one whole year 1 Mar. 1. St. 2. Cap. 12. § 13. N. 1. § 14. N. 1. And be it further Enacted by the Authority aforesaid Notice that the Order and Form of the Proclamations that shall be made by the Authority of this Act shall be as hereafter followeth or with the like order and words in effect that is to say the Iustice or other person Authorized by this Act to make the said Proclamation shall make or cause to be made in Oyes and after that shall openly pronounce or cause to be pronounced these words or the like in effect 1 Mar. 1. St. 2. Cap. 12. § 14. N. 1. Peace The King our Soveraign Lord § 14. N. 2. chargeth and commandeth all persons being assembled immediately to disperse themselves and peaceably to depart to their Habitations or to their lawful Business upon the Pains contained in the Act lately made against unlawful and rebellious Assemblies and God save the King 1 Mar. 1. St. 2. Cap. 12. § 14. N. 1. Forfeiture Provided always and be it Enacted by the Authority aforesaid § 15. N. 1. that if any person or persons do or shall molest let hinder or hurt any person or persons that shall proclaim or go to proclaim according to the Proclamation and Order made in the Statute aforesaid whereby such Proclamation shall not be made that then all and every such person and persons so molesting letting hindring or hurting and all and every such person and persons Offender or Offenders to whom any such Proclamation or Proclamations should or ought to be made to the intent aforesaid shall incur and be in like Danger and suffer like Pain or Pains and Forfeitures as aforesaid in every of their Degrees as though the Proclamation had been made any Clause Article or Sentence heretofore in this Act included made to the contrary notwithstanding 1 Mar. 1. St. 2. Cap. 12. § 15. N. 1. Days And be it Enacted by the Authority aforesaid § 15. N. 2. that this Act shall be openly read at every Quarter Sessions 1 Mar. 1. St. 2. Cap. 12. § 16. N. 1. Franchise Saving to the Bishop of Durham and Bishop of Ely § 15. N. 3. and all other that have Charter of the County Palatine and to their Successors the year day and waste in such sort as by the said Charter they had or ought to have had the same if this Act had never been had ne made this Act or any thing therein contained to the contrary notwithstanding 1 Mar. 1. St.
Essoyn Protection Wager of Law or Licence to the contrary shall be allowed Cattle And be it Enacted C. 7. § 7. N. 1. c. that the Iustices of Peace of every Place and County as well within Liberties as without shall have Authority in their Sessions within the limits of their Authority and Commission to inquire hear and determine all Offences against this Statute viz. of selling Horses Gueldings Mares and Colts in Fairs and Markets Overt as they may do any other matter tryable before them Ways And in default of such Inquiry or Presentment C. 8. § 2. N. 10. viz. in Leet of not amending High-ways c. the Iustices of Peace for every Place or County shall have Authority to inquire of the same the Offences which shall be committed within the limits of their Commission at every their Quarter Sessions and to assess such Fines therefore as they or two of them whereof one to be of the Quorum shall think meet Account And the said Church-wardens shall have Authority to call the said Bailiff and Head-Constable to Account before the Iustices of Peace or two of them wherof one to be of the Quorum by Bill § 4. N. 2. Information or otherwise Bail And forasmuch as the said Act viz. 1 2 Ph. Mar. Cap. 13. § 4. N. 1. doth not extend to such Prisoners as shall be brought before any Iustice of Peace for Manslaughter or Felony C. 10. § 2. N. 1 and by such Iustice shall be committed to Ward for the Suspition of such Manslaughter or Felony and not Bailed in which Case Examination of such Prisoner and of such as bring him is as necessary or rather more than where such Prisoner shall be let to Bail or Mainprize Proof Be it therefore Enacted § 2. N. 2. c that from henceforth such Iustice or Iustices before whom any person shall be brought for Manslaughter or Felony or for Suspition thereof before he or they shall commit or send such Prisoner to Ward shall take the Examination of such Prisoner and Information of those that bring him of the Fact and Circumstances thereof and the same or as much thereof as shall be material to prove the Felony shall put in Writing within two days after the said Examination Certificate And the same shall certify in such manner and form § 2. N. 3. and at such time as they should and ought to do if such Prisoner so committed or sent to Ward had been Bailed or let to Mainprize upon such Pain as in the said former Act viz. 1 2 Ph. Mar. Cap. 13. § 5. N. 5. is limited and appoin◠for not taking or not certifying such Examinations as in the said former Act is expressed Recognizance And be it further Enacted § 2. N. 4. that the said Iustices shall have Authority by this Act to bind all such by Recognizance or Obligation as do declare any thing material to prove the said Manslaughter or Felony against such Prisoner as shall be so committed to Ward to appear at the next general Goal-delivery to be holden within the County City or Town-Corporate where the Tryal of the said Manslaughter or Felony shall be then and there to give Evidence against the Party § 2. N. 5. And that the said Iustices shall certify the said Bonds taken before them Certificate in like manner as they should and ought to certify the Bonds mentioned in the said former Act viz. 1 2 Ph. Mar. Cap. 13. § 5. N. 3. upon Pain as in the said former Act is mentioned for not certifying such Bonds as by the said former Act is limited and appointed to be certified Cap. 18. Where the King and Queens most Excellent Highness Coporation and their Noble Progenitors Kings of this Realm have heretofore granted their several Commissions directed as well unto the Mayors Recorders and other Grave Men and Inhabitants of certain Antient and Famous Cities and Towns-Corporate within this Realm of England not being Counties in themselves as also unto divers other worshipful and learned men dwelling out of the same Cities and Towns-Corporate as well for the keeping of their Peace good ordering of their People and executing of their Laws and Statutes within the same Cities and Towns-Corporate as also for the Delivery of their Majesties Prisoners remaining in the Goals there and after the granting of such Commissions their Majesties have granted divers other like Commissions unto certain worshipful and learned men of the Shires Laths Rapes Ridings and Wapentakes of this Realm of England for the Confirmation of their Peace and also delivering of their Prisoners remaining in their Goals within the same Shires Laths Rapes Ridings and Wapentakes § 1. N. 2. Which Commissions so bearing a later date Supersedeas have been a Supersedeas and clear Discharge unto all and singular the said former Commissions granted unto the said Cities and Towns-Corporate not being Counties in themselves § 1. N. 3. So that the said Mayor Commission and other grave and chiefest Officers of every such City and Town-Corporate have been charged to sue for the renewing again of such Commissions both for the Peace and Goal-delivery to the great Expences Cost and Charges of the said Mayor and other the Inhabitants of such Cities and Towns-Corporate and to the great protracting and delay of Iustice therein in the mean time for Reformation whereof and for the better Advancement of Iustice in the Premisses § 2. N. 1. Be it therefore Enacted Franchise c. that all and singular Commission and Commissions granted or to be granted to any such City or Town-Corporate not being as is aforesaid a County in it self for the keeping of their Peace and delivery of the Prisoners remaining in the Goals of any such City or Town-Corporate not being a County in it self shall stand remain and be Good and Available and Efectual in the Law to all Intents Constructions and Purposes the granting of any like Commission of the Peace or Goal-delivery to any Commissioner or Commissioners for the Conservation of the Peace or Delivery of the Prisoners remaining in the Goal of any Shire Lath Rape Riding or Wapentake within this Realm of England bearing date after the said Commission or Commissions granted as is aforesaid to any such City or Town-Corporate not being as is aforesaid a County in it self to the contrary notwithstanding C. 21. § 10. N. 2. Be it therefore Enacted Riot c. viz. because good and beneficial that all the said several Acts c. viz. 1 Mar. 1. St. 2. Cap. 12 c. and all Clauses c. shall be revived c. untill the last day of the next Parliament 4 5 Ph. Mar. Cap. 9. § 14. N. 2. 4 5 Ph. Mar. Cap. 2. § 8. N. 2. And be it further Enacted War c. that the Iustices of Peace
such Order touching the same as the Iustices shall then make and upon his refusal so to be bound to commit to the Goal there to remain without Bail or Mainprise until he shall become bound by such Recognizance N. 3. And at the said Quarter-Sessions whether he shall there appear or make default Process yet the Iustices then shall summarily procéed to the Examination of the matter complained of and if upon Oath of one or more Witness or Witnesses or any other Evidence the Court shall be satisfied that he doth unjustly detain any such Monies the Court shall adjudge and order the payment of the same presently together with the penalty hereby appointed for not paying thereof and such Costs for the prosecution of the same as the Court shall think fit and if he shall not presently pay the same accordingly to the said Chamberlain of London or his Attornies or Agents or some of them shall Commit him to the Goal if he be there present there to remain without Bail or Mainprise until he shall observe the said Order of Sessions N. 4. And if he shall be absent That then they shall grant their Warrant for the Apprehending or Committing of him to the Goal Imprisonment there to remain until he pay the Money so ordered and that if he cannot be taken then for the distraining of his Goods and Chattels and sale of the same rendring the overplus whereby the Monies so ordered may be answered and paid N. 5. And that the definitive Order of the said Iustices shall be final as touching the matter complained of or contained in such Order Certiorari from which there shall be no Appeal or Review nor shall any Writ of Error or Certiorari lye for the Removal or Reversal of the same nor shall the same be any wayes Impeached C. 17. 11 § 6. N. 1. And that the Parties offending therein viz. not yielding obedience to Orders in London for Drayning Paving and other works c. contrary to this Act London shall and may be procéeded against and thereof Convicted by Indictment at the next Sessions of the Peace to be held for the said City and Liberties thereof according to his or their several Offences unless they shall submit to the Iudgment and Censure of the Persons so to be Authorized and Appointed as aforesaid or any Seven or more of them and shall satisfie and pay such mulct or penalty as by them shall be Set and Imposed for such Offence into the Chamber of the City of London c. Poor And that the Officers of the said Corporations Erected and Constituted viz. for the Poor by 13 14 Car. 2. 12. in pursuance of the said Act C. 18. 12 § ◠N. 3. and their Treasurers shall make and give Quarterly Accounts to the Iustices of the Peace who are hereby required to demand and call for the said Accounts and are not to raise any more Monies upon any new Certificates whatsoever until there be a just Account given to and allowed by the Iustices of the Peace aforesaid according to the true Intent and meaning of the said former and this present Act. License And be it further Enacted that no Drover from and after c. viz. 24 June Cap. 19. 18. 1671. shall be licensed appointed or assigned by the Iustices of Peace in their Quarter-Sessions or otherwise within London and Westminster or fourscore Miles c. and that all such Licenses shall be null and void any former Law c. notwithstanding Justices And that c. viz from 24. June § 5. N. 1. 1671. It shall not be lawful for any Iustices of the Peace at their Quarter-Sessions or otherwise to License any Person to be a Drover who doth use or Exercise the Profession or Trade of a Grasier or Butcher nor any other Person or Persons whatsoever unless the Person or Persons so Licensed shall become bound to his Majesty his Heirs and Successors with two sufficient Sureties of the same County Division or Place where such License shall be obtained by a Recognizance in such Sum as the said Iustices shall think fit not to sell any Cattel by him or them to be bought within the distance of sixty miles from the place where he bought the same Recognizance And that the Person so Licensed shall be known to the said Iustices or some of them to be of sufficient Estate and Ability to answer the Penalty of such Recognizance in case he shall Incur the forfeiture thereof N. 2. Information But nevertheless for preventing of vexatious Informations and Prosecutions by Colour of this Act. § 7 N. 1. Costs Be it further Enacted N. 2. That if upon any Information or other Prosecution grounded upon this Act it shall appear to the Iustices before whom the said Cause shall be brought that any such Information or Prosecution was promoted only for vexation and without any reasonable Cause the said Iustices shall and are hereby required by vertue of this Act to Award to the Party so unjustly accused or prosecuted treble Costs to be occasioned by such vexatious Prosecution the same to be recovered by Action of Debt or upon the Case wherein no Essoin Protection or Wager of Law shall be allowed Cattle And be it further Enacted § 8. N. 1. c. that the Iustices of the Peace in every County Riding Division City or Town Corporate within the Kingdom of England Dominion of Wales or Town of Berwick upon Tweed at their Quarter-Sessions shall have full Power and Authority by vertue of this Act to enquire hear and determine all and every the Defaults and Offences in buying or selling of Cattle committed contrary to this Act or any other Law or Statute now in Force within the County Riding Division City or Town Corporate where any such Offence shall be Committed by Inquisition Presentment Bill or Information before them exhibited and to make process thereupon Execution And upon Conviction of the Offender to make extracts of the one moiety of the Forfeitures to be Levied to the Kings use as they use to do of other Fines N. 2. Issues and Amercements grown in Sessions of the Peace and to award Execution of the other moiety to the Informer or Prosecuter by Fieri facias or Capias as the Kings-Bench at Westminster may do and use to do Certiorari And be it Enacted § 9. N. 1. c. That no Certiorari shall be allowed to remove any Information or other procéedings in the Quarter-Sessions for or concerning any matter or thing in this Act or before recited Acts viz. 2. 3. Ed. 6. 15. 3. 4. Ed. 6. 20. 15. Car. 2. 8. or any of them but the Iustices of the Peace then present shall procéed thereupon any Writ or Writs of Certiorari notwithstanding Imprisonment Be it therefore Enacted C. 20. 7. § 1. N.
2. c. That it shall and may be Lawful to and for any Iustice of the Peace of any County City Town or Liberty within c. viz. England Wales or Berwick by Warrant under his Hand and Seal to require the Sheriff Goaler or Kéeper of any Prison within his respective Iurisdiction to bring without delay the body of any Person being in Prison for Debt c. viz. on 14 April 1671. or Damages and petitioning such Iustice to be discharged to some Convenient place within the Distance of one mile from the said Prison N. 3. And shall certifie the Cause and Causes of the Imprisonment before the same Iustice Certificate § 2. N. 1. And in Case such Prisoner coming before such Iustice Oath shall take an Oath to this effect c. I A. B. upon my Corporal Oath solemnly profess and declare before Almighty God that I have not any Estate real or personal in Possession Reversion or Remainder of the value of Ten pounds in the whole or sufficient to pay the Debt or Damages for which I am Imprisoned N. 2. And that I have not directly or Indirectly sold leased Collusion or otherwise conveyed disposed of or entrusted all or any part of my Estate thereby to secure the same to receive or expect any profit or advantage thereof or defraud or deceive any Creditor or Creditors whatsoever to whom I stand Indebted § 3. N. 1. Then after the taking of such Oath Poor the said Iustice shall remand the Prisoner to Prison and shall give a Certificate thereof in Writing under his Hand and Seal to the same Prisoner to be served upon such Person c. his or her Executors or Administrators or to be left at the place of the usual abode of such Person c. at whose Suit the Prisoner standeth Charged and Imprisoned thereby appointing as well the said Person c. as the said Prisoner to appear before the Iustices at the next General Quarter-Sessions of the Peace to be holden for the same County City Town or Liberty N. 2. When if it shall appear upon Oath Execution which Oath the said Iustices are Impowered to Administer that the said Certificate was so served or left xl dayes or more before the said Sessions and that the said Oath taken by the said Prisoner be not disproved by good Testimony of any Credible Person c. upon Oath to be Administred by the said Iustices by vertue of this Act then the said Iustices being satisfied therewith shall direct their Warrant under their Hands and Seals commanding the said Sheriff Goaler or Kéeper of the Prison to set at Liberty and Discharge the said Prisoner if Imprisoned for the Causes aforesaid and no other without paying any thing for Fée or Chamber Rent N. 3. Which Warrant shall be a sufficient Discharge to the same Sheriff Escape Goaler or Kéeper of Prison and no Action of Escape or other Action shall be brought against them or any of them for the same in any wise § 4. N. 1. Provided also and be it Enacted c. That viz. after xl dayes Process and Oath not disproved then if such Creditor c. will not be satisfied therewith Poor that the said Prisoner c. may be set at Liberty or will Insist to have the said Prisoner continued in Goal that then the said Creditor c. shall at his and their own proper Costs and Charges allow and pay Wéekly a reasonable maintenance to the said Prisoner c. such as the said Commissioners of the Peace or any three of them in their respective Divisions shall order and appoint not exceeding xviii d. a-Week § 8. N. 1. Provided and be it Enacted c. That in Case any Sheriff Sheriff Goaler or Kéeper of Prison shall refuse or delay to bring or discharge or set at Liberty any Prisoner according to the Order of the Iustice or Iustices to be made in manner as aforesaid every such Sheriff c. shall forfeit and pay to such Prisoner detained contrary to such Order the Sum of One hundred pounds to be recovered by Action of Debt in any Court of Record and shall be also subject to any Fine and punishment as the said Iustices shall order or Award § 9. N. 5. Nor viz. Sheriffs Goalers or Keepers of Prisons c. shall not take nor receive any other or greater Sum c. viz. of Persons Arrested for Debt Fees for each Nights lodging or other Expenses then what is reasonable and fitting in such Cases or shall be so adjudged by the next Iustice of the Peace or at the next Quarter-Sessions § 10. N. 2. Nor shall demand take or receive of the said Person c. any other or greater Fée or Fées whatsoever for his her or their Commitment Imprisonment Release or Discharge or for his or their Chamber Rent then what is allowable by Law until the same shall be settled by thrée Iustices of the Peace whereof one to be of the Quorum of each particular County City and Town Corporate in their several Precincts and for the City of London and Counties of Middlesex and Surrey the two Lord Chief Iustices of the Kings-Bench and Common-Pleas and the Lord Chief Baron or any two of them and the Iustices of the Peace of the same in their several Iurisdictions Poor And likewise that the said Lord Chief Iustices Lord Chief Baron § 11. N. 1. and Iustices of Peace in their several Iurisdictions and all Commissioners for Charitable uses do their best endeavours and diligence to Examine and find out the several Legacies Gifts and Bequests bestowed and given for the benefit and advantage of the poor Prisoners for Debt in the several Goals and Prisons in this Kingdom and to send for any Deeds Wills Writings and Books of Accounts whatsoever and any Person c. concerned therein and to Examine them upon Oath and to make true discovery thereof which they have full Power and Authority hereby to do and the same so found out and ascertained to order and settle in some manner and way that the Prisoners hereafter may not be defrauded but receive the full benefit thereof according to the true Intent of the Donors Fees And that these Accounts of the several Legacies § 12. N. 1. Gifts and Bequests given and bestowed upon the several Prisoners for Debt within this Kingdom and the several Rates of Fées and the future Government of Prisons be signed and Confirmed by the Lord Chief Iustices and Lord Chief Baron or any two of them for the time being and the Iustices of the Peace in London Middlesex and Surrey and by the Iudges for the several Circuits and Iustices of Peace for the time being in their several Precincts and fairly written and hung up in a Table in every Goal and Prison before the first day of November 1671. and likewise be registred by each and every
difference between the two Justices of Peace should be referred to the hearing of the whole Bench and the matter to be examined by them and what order should be therein set down by the Bench the same to stand good But in such things appropriate to some one or more Justices if without them all or any of the residue of the Justices shall intermeddle therein such their doings seemeth no ways warrantable but to be coram non judice and that there is no necessity to obey them therein as being no lawful Judges of the Cause 1 Cr. 470. Infra Justices XVII Dalt 37. cap. 11. If the two Justices cannot agree upon their order what is then to be done see Dalt 25. supra But by some opinions the words of this Statute 18 Eliz. 3. § 2. N. 2. being disjunctive two Justices of Peace in or next to the Limits c. If the two Justices of Peace in that Division or Limits cannot agree then the two Justices of Peace next to that Division or Limits being within the same County and one of them of the Quorum have power to take order therein Oath XIII Dalt 37. ibid. Also it seemeth the Mother may be examined upon Oath concerning the reputed Father and of the time and other circumstances for that in this case the matter and the tryal thereof dependeth chiefly upon the Examination and Testimony of the Mother 18 Eliz. 3. § 2. N. 2. Imprisonm XIX Dalt 37 38. ibid. By 7 Jac. 4. § 7. N. 1. it appeareth that the Justices of the Peace shall now commit such lewd women to the House of Correction there to be punished c. And therefore Quaere if the Justices of Peace may punish by corporal punishment the Mother by force of 18 Eliz. 3. § 2. N. 4. and then to send them to the House of Correction for nemo bis punire debet pro uno delicto 4 Co. 43. 8 Co. 118. 2 Bulstr 348. 330. Women XX. 2 Bulstr. 330. 348. At Salop Assizes 19 March 7 Car. 1. An. 1631. this Question was propounded by Sir J. Corbet to Sir William Jones Justice of Assize One had a Bastard-child but she was not question'd nor no proceedings had against her on 18 Eliz. 3. after she had another whether she shall now be proceeded against on 7 Jac. 4. § 7. N. 2. as for her second offence or whether this shall be taken for the first And by Jones Justice she shall not be punished on 7 Jac. 4. § 7. N. 2. as for her second offence unless she had been before question'd and punish'd for her first offence either by 18 Eliz. 3. or 7 Jac. 4. but she might have been punish'd as for her first offence on either c. Infra 44 47. Imprisonm XXI Dalt 38. Such corporal punishment on 18 Eliz. 3. § 2. N. 4. or commitment to the House of Correction on 7 Jac. 4. § 7. N. 1. is not to be until after the woman is delivered of her Child neither are the Justices of Peace to meddle with the woman until that the Child be born and she strong again lest the woman being weak or the Child wherewith she is happen to miscarry for you shall find that about 31 Eliz. a woman great with Child and suspected for Incontinence was commanded by the Masters of Bridewell in London to be whipt there by reason whereof she Travailed and was delivered of her Child before her time c. and for this the said Masters of Bridewell were in the Star-Chamber fined to the Queen at a great Sum and were further ordered to pay a Sum of money to the said woman XXII Dalt 38. Justices Now it seemeth that such commitment to the House of Correction ought to be by two Justices at the least by the words of 7 Jac. 4. § 7. N. 1. and then by the conference of these two Statutes 7 Jac. 4. 18 Eliz. 3. § 2. N. 4. it seemeth fittest for the two next Justices authorized by 18 Eliz. 3. § 2. N. 2. XXIII Dalt 38. It seemeth by the words of 7 Jac. 4. § 7. N. 1. Poor that such a woman shall not be sent to the House of Correction until after the Child be born and that it be living for it must be such a Child as may be chargable to the Parish See supra § 15. XXIV Dalt 38 39. Imprisonm Also it seemeth that such a Bastard-child is not to be sent with the Mother to the House of Correction but rather that the Child should remain in the Town where it was born or settled with the Mother and there to be relieved with the work of the Mother or by relief from the reputed Father so Dalt 125. cap. 47. and yet the common opinion and practice is otherwise scil to send the Child with the Mother to the House of Correction and this may also seem reasonable where the Child sucketh on the Mother XXV Dalt 38. Nota Infant that an Infant born 11 days post ultimum tempus legitimum mulieribus constitutum viz. after 40 weeks after death of his Father shall not be adjudged legitimate c. 1 Inst. 123 b. Radwells Ca. 2 Esdras 40 41. and so it seemeth of an Infant born after 40 weeks from the time that the Feme chargeth the man to have carnal knowledge of her such Infant shall not be adjudged nor reputed to be the Issue of such a man XXVI Palmer 10. pl. 2. in Alsop Stacies Ca. Mich. 17 Jac. Infant a Child born ten days after the 40 weeks was adjudged legitimate but there is a difference per Dodridge Justice between 1 Inst. 123 b. and this Case for here the Daughter shall be a Bastard if it be not the first Husbands but there both were legitimate 2 Cr. 541. m. XXVII 1 Cr. 341. pl. 414. Pridgeon was brought to the Bar Hil. 9 Car. 1. Sessions in B. R. upon an Habeas Corpus being at Lincoln on complaint to two Justices of Peace next adjoyning ordered to keep a Bastard-child from which he appeal'd to the next Quarter-Sessions at which he was discharged and the former Order repeal After at another Quarter-Sessions the first Order was confirm and he commit for non-performance and per Curiam the second Sessions hath no power to alter it after discharge c. So 1 Cr. 351. upon 18 Eliz. 3. § 2. N. 6. and 3 Car. 1. cap. 4. 5. § 15. N. 2. doth not aid this Case for the Statute is there that if the two next Justices of Peace make not provision for the Bastard the Justices of Peace at their Quarter-Sessions shall settle an Order for keeping of the Bastard as the two next Justices ought but it doth not give more power or authority nor gives authority to one Sessions to alter that which in a former Sessions was ordered Jones 330. m. 2 Bulstr 355. 337. XXVIII 1 Cr. 436. in Salter and Browns Ca. said
Kent agreeing with the form of the Precept is to return particular Juries for the Hundreds and one general Jury for the body of the Shire this last is made up with us for the most part of the Constables only and those others if they be not filled at the first are wont to remain and to be renewed with the Rules from Sessions to Sessions but that usage is no small hinderance to the service as many do think by reason that those particular Juries being seldom served with full appearance the whole Enquiry standeth only upon their labor that are Impannelled for the body of the Shire that is to say upon one man of each Hundred or two at most who cannot be thought to see so much as a whole Jury of Eyes both do and may see and therefore they think that it were good to make up some of the particular Juries also when they be not full de Circumstantibus of other Hundreds by which means either the whole Shire or at the least a great many parts thereof might perused and serve and to this Opinion Mr. Marrow seemeth to encline saying That in default of those which are Returned the Justices may take a Jury de Circumstantibus and hereunto also 3 H. 8. 12. § 1. N. 5. sheweth good Consent Lieu. XXI Lambert 394. Neither is it to be objected that men being all of one Shire may not take knowledge of things done in divers Hundreds seeing they have divers occasions of meeting together as at the County Court the Sheriffs turns the Assises and General Quarter Sessions and if a Jury of one Hundred would make Presentment of an offence done within any part of the Shire out of their own Hundred this were good in Law Justices XXII Lambert 395. And the Justices may upon cause remove a Juror after he is Sworn 20 H. 6. 5. Again if after the Swearing of the Jury their service be put off till the next day upon any urgent occasion then may they be Sworn of new as if they had not before appeared 7 H. 4. 38. Verdit XXII Lambert 395. Each Jury of Enquiry ought to contain XII in number at the least and if there be XVIII or more it shall not be amiss Yea it is a common order with us to have them of an odd number as XIX or XXI to the end as it seemeth that if they should dissent in opinion somewhat equally yet there should be always one to weigh down the side and cast the Ballance but if XII of them do agree the gainsaying of the residue cannot hinder the Presentment yea the Law was in the time of King Etheldred that in a Jury of XII the agreement of VIII should prevail and make a good Verdit although for a long time together it hath been and is yet otherwise used Imprisonment XXIV Lambert 395. 396. The Justices ought not to Commit these Jurors of Enquiry to any keeper nor to keep them without meat or drink nor to carry them out of the Town and yet they may adjourn them to another place to give their Verdit Evidence XXV Lambert 396 397. Nevertheless it is to be wished that these and such other Enquirors would more carefully imploy themselves in that service which is the chief and almost the only ground whereupon the Justices are to work c. and this shall they the better do if they will be directed by these few Counsels 1. That they come prepared to further the Good of their Country and not to save their Issues or to serve for fashion sake 2. That they give Credit to Credible persons sworn to Inform them 3. That they measure their doings by the right line of Law and not by the crooked cord of pretended Equity and counterfeit conscience 4. That they hold not a Court of Common Plea by admitting proof of Witnesses against the King as knowing that they are not to try an Issue but to offer an Information the truth or falshood whereof shall be tryed by another Jury 5. That they discover not their own doings c. Maintenance XXVI West Symb. 2. part 112 § 130. An Indictment of Embracery and taking money c. contra to 38 Ed. 3. 12. Lamb. Precedents 14. b. 15. Pl. 39. Essex ss Essex ss Juratores pro Domino Rege super sacramentum suum presentant quod A.B.C.D. c. naming all the Jurors c. Jurat ' in quadam Assiza Novae disseisinae quae nupersummonita fuit Coram dilectis fidelibus dicti Domini Regis c. L. M. N. O. c. nuper Justiciariis dicti Domini Regis nunc ad Assizam illam capiend ' per breve ipsius Domini Regis inter W. S. J. H. de tenement ' in N. in Com' E. predict ' postmodum viz. die Lunae c. Anno c. Coram prefat ' L. M. N. O. c. apud M. in Com' E. predict ' per breve ipsius Domini Regis si non omnes capt ' posit ' pro veredicto suo in hac parte dicenddo de prefat ' J. H. diversas pecuniarum summas viz. A. B. de predict ' J. H. XL. s. alia dona scil ' panem serevicium vinum ad valenc ' 20 s. illigitime ceperunt c. predict ' J. K. Imbraciator ejusdem Assizae ad eandemducend ' procuran'd de prenominato W.S. summam decem marcarum 20 die Aug. An. Regni c. apud M. predict ' in Com' E. illigitime ceperunt in dicti Domini Regis nunc contempt ' contra formam Cujusmodi Statut ' in Parliamt ' Domini Ed. olim Regis Angliae tertii Anno Regni sui 38. tento in hujusmodi Casu provisi ac Editi XXVII West Symb. 2. part 112. § 131. Fees Another Indictment reciting 38 Ed. 3. 12. 34 Ed. 3. 8. Crompt 261. pl. 95. Essex ss Juratores pro Domino Rege super sacrament ' suum dicunt quod ubi in parliamnt ' Domini Ed. nuper Regis Ang. tertio progenitoris Domini Regis nunc Ann Regni sui 38. tent ' inter caetera concordat ' existit quod si aliqui Jurat ' in Assiza Jurat ' seu aliquibus inquisitionibus capiend ' inter Domin ' Regem partem vel inter partem partem quicquid capiant per ipsos vel per alios de parte conquerent ' vel defendent ' pro veredict ' suo dicend ' super hoc per processum in quodam Articulo de Jurat ' Anno Regni ejusdem Domini Regis 34. factum convincantur sive sit ad sectam partis aut alterius cujuscunque personae qui pro Domino Rege aut pro seipso prosequi voluerit solvat quilibet dictor ' Jurat ' decies tantum quantum ipse recepit habeat ille qui sectam produxit unam medietatem Dominus Rex alteram meditatem quod omncs Imbraciatores ducent ' procurant ' tales inquisitiones in
cap. 17. The Sheriff or Bayliff c. may take the power of the County to Replevie Cattle driven into Castle Process II. 13 Ed. 1. W. 2. cap. 39. § 1. N. 25. And if Resisters of the Kings Process Retorn by the Sheriff be convict of such resistance they shall be punished at the Kings pleasure neither shall any Officer of the Kings meddle in assigning the punishment for our Lord the King hath reserved it specially to himself because that resisters have been reputed disturbers of his Peace and of this Realm Entry III. Lambert 2. cap. 4. pag. 135. It seemeth that before the troublesome Reign of King Richard the Second the Common Law permitted any person which had good Right or Title to enter into any Land to win the possession thereof by force if otherwise he could not have obteyned it Crom. 67. b. § 1. 7 H. 6. 13. Forcible Entry Br. 2. Crompton 65. b. § 61. Boult 1. cap. 29. pag. 121. Dalt 193. cap. 76. Disseisor IV. Lambert 135. For a man may see in Britton 115. cap. 44. Bract. 162. b. 163. a. That a certain respite of time was given to the Disseisee according to his distance and absence in which it was lawfull for him to gather Force Arms and his Friends and to throw the Disseisor out of his wrongfull possession Trespass V. Lamber 135 136. And at this day if in a Common Action or Indictment of Trespass for entring into Lands the Defendant will make Title thereunto the matter of the Force alledged against him will rest altogether upon the validity of his Title as appeareth 7 H. 6. 13. 40. Lambert 147 148. 9 H. 6. 19. Forcible Entry Br. 18. Dalt 193. cap. 76. Boult 1. cap. 29. pag. 122. § 2. Entry VI. Lambert 136. But after the rebellious tumult and Insurrection of the Villains and other the base Commons which happened 4 Rich. 2. the Parliament thinking it necessary to provide against all such occasions of further Sedition Uproar and breach of Peace did ordain among other things 5 Rich. 2. 7. That none from henceforth make any Entry into any Lands and Tenements but in Case where Entry is given by the Law 2. And in such Case not with strong Hand nor with multitude of People but only in Peaceable and easie manner 3. And if any man from henceforth do the contrary and thereof be duly Convict he shall be punished by Imprisonment of his body and thereof Ransomed at the Kings will Crompt 67. b. § 2. Boult 112. cap. 29. § 3. Justices VII Lambert 136 137. But because 5 R. 2. 7. provided no speedy remedy in this poinr nor extended to holding with force nor left any special power therein to the Justices of the Peace in the Country whereas the experience of that unquiet time required a more ready hand to the supression of such disorder and Justices of the Peace were then 13 R. 2. 7. newly chosen in all the Counties of England therefore it was further enacted 15 Rich. 2. 2. § 1. N. 2. that at all times that such forcible Entry shall be made and complaint thereof cometh to the Justices of Peace or to any of them that the same Justices or Justice take sufficient power of the County and go to the place where such force is made 3. And if they find any that hold such place forcibly after such Entry made they shall be taken and put in the next Goal there to abide Convict by the Record of the same Justices or Justice untill they have made Fine and Ransom to the King 4. And that all the people of the County as well the Sheriff as other shall be attendant upon the same Justices to Arrest such Offenders upon pain of Imprisonment and to make Fine to the King 5. And in the same manner it shall be done of them that make such forcible Entries in Benefices or Offices of Holy Church Crompt 67. b. § 3. Boult 122. cap. 29. § 4. Dalt 194. cap. 76. VIII Lambert 137 137. But yet again Restitution forasmuch as 15 R. 2. 2. did not extend to those that entred Peaceably and then held with Force 2. nor yet reached to the Offendors if they were removed before the coming of the Justices 3. Nor made restitution of the Possession so forcibly gotten 4. Nor gave any pain against the Sheriff that did not obey the Precepts of the Justices in this behalf it was ordained c. 8 H. 6. 9. § 2. N. 3. that where any doth make any forcible Entry in Lands and Tenements or other possession s or them hold forceably after complaint thereof made within the same County where such Entry is made to the Justices of Peace or to one of them by the party grieved that the Justices or Justice so warned within a convenient time shall cause or one of them shall cause the said Statute 15 R. 2. 2. duely to be executed and that at the Costs of the party so grieved Crompt 68. § 5. Boult 122. cap. 29. § 5. Dalt 194. cap. 76. 58. cap. 22. IX 8 H. 6. 9. § 3. N. 1. And moreover tho that such persons making such Entries be present or else departed before the coming of the said Justices or Justice notwithstanding the same Justices or Justice in some good Town next to the Tenements so entred or in some other convenient place according to their discretion shall have or either of them shall have Authority and power to enquire by the People of the same County as well of them that make such Forceable Entries in Lands and Tenements as of them which the same hold with force 2. And if it be found before any of them that any doth contrary to this Statute of 8 H. 6. 9. then the said Justices or Justice shall cause to reseise the Lands and Tenements so entred or holden as afore and shall put the party so put out in full possession of the same Lands and Tenements so entred or holden as before 3. And if any person after such Entry into Lands or Tenements holden with force make a Feoffment or other discontinuance to any Lord or other person to have maintenance or to take away and defraud the possessor of his recovery in any wise if after in Assize or other Action thereof to be taken or pursued before Justices of Assize or other the Kings Justices whatsoever by due enquiry thereof to be taken the same Feoffments and discontinuances may be duly proved to be made for maintenance c. that then such Feoffees or other discontinuances c. shall be void frustrate and holden for none X. 8 H. 6. 9. § 4. N. 1. And also when the said Justices or Justice make such enquiries as before they shall make or one of them shall make their Warrants and Precepts to be directed to the Sheriff of the same County Commanding him on the Kings behalf to cause to come before them and every of them sufficient
force that was in the Mannor of Drayton Basset and the Sheriff and divers of the Justices were fined Dalt 59. cap. 22. XXVI Crompt 68. b. § 5. Justices Though the Justices of Peace will not Record the Forcible Entry or Deteyner nor enquire thereof yet no pain is given by 15 R. 2. 2. nor by 8 H. 6. 9. but on complaint in the Star-Chamber they shall be punished c. Dalt 60. cap. 22. XXVII Crompt 71. § 44. If a House that is held with Force Lieu. extends into two Countreys and they remove the Force into that part of the House which is in the other County when the Justices come in this Case they cannot remove this Force Boult 123. cap. 29. § 12. XXVIII Dalt 57. cap. 22. § 3. Record Also the Justice ought to make a Record of such Force by him Viewed which Record shall be a sufficâ—â—nt Conviction of the Offendors and the parties shall not be allowed to Traverse it 8 Co. 122. 14 H. 7. 8. and this Record being made out of Sessions by a particular Justice the said Justice may keep by him or he may make it indented and certifie the one part into the Kings Bench or to leave it with the Clerk of the Peace and the other part he may keep himself Boult 123. cap. 29. XXIX Dalt 57. cap. 22. § 4. Also he ought to Commit immediately to the next Goal all such persons as he shall find and see Imprisonment continuing the Force at his coming to the Place c. For this sight and View of the Force by a Justice being a Judge of Record maketh his Record thereof as strong as if the offendors had confessed and touching the restraining of traverse more effectual than if the Force had been found by a Jury c. and yet the words of the Statute 15 R. 2. 2. § 1. N. 3. seem more large scil if he find any that made such Forcible Entry or hold with Force he shall Commit c. but such Force must be in the View or presence of the Justice of Peace or else he can neither Record it nor Commit the Offendors Dalt 60. cap. 22. 13 H. 7. Kell 41. pl. Boult 123 cap. 29. § 18. 19. XXX Dalt 197. cap. 77. But note that a Forcible Entry Br. 25. Entry cannot be without an actual Entry for the words of 8 H. 6. 9. § N. be Whosoever doth enter c. Dalt 200 c. Note also that if a man shall Enter with Force into House or Land although he obteineth not nor getteth the actual possession thereby yet shall he be Imprisoned and Fined for the only Entring with Force as it seemeth Dalt 201. c. but Restitution is not to be made but only where there is a putting out and a holding out of another out of his Possession Lambert 152. 153. Poult de Pace 39. § 22. XXXI Dalt 198. cap. 77. It seemeth that to threaten to maim beat Menace or to do other bodily harm c. amounteth to a Forcible Entry or deteiner for that Death may ensue upon such beating or hurt 39 H. 6. 50. 7 Ed. 4. 21. XXXII Lambert 2. cap. 4. pag. 151. But now forasmuch as 8 H. 6. 9. Enquest § 3. N. 2. hath provided restitution for the party that shall be put out of possession by such forcible Entry and for that no restitution can be made by the Justice of Peace but only upon the finding of the same putting out by the Oaths of the Enquirers let us consider the duty of the Justice c. Dalt 59. cap. 22. Crompt 166. Enquest XXXIII Lambert 152. ibid. Concerning the Enquiry Marrow noteth 1. That it is no cause to Impeach the Inquiry though the Justice do not go to see the place where the Force is and yet the words of 8 H. 6. 9. § 3. N. 1. are whether the persons be present or avoided before the Justice coming 2. That albeit the Letter of 8 H. 6. 9. § 4. N. 2. is that each Juror of this Inquiry ought to have Lands or Tenements of the clear yearly value of xl s. yet if any of the presenters have not so much Land the Presentment is good for the King but then saith he the party shall have no restitution by it if that matter be shewed at the time of the Restitution to be made howbeit I my self do not well perceive how the Restitution that the Justice of Peace ought to make upon such a presentment can be stayed save only by removing of the Record into B. R. or by alledging three years quiet possession 3. That if the Sheriffs shall Retorn smaller Issues upon the Enquirers than the Statute 8 H. 6. 9. § 4. N. 3. doth appoint yet the party shall never take advantage by it Dalt 209. cap. 80. 58. cap. 22. Crompt 165. b. Seisin XXXIV Lambert 153. Moreover it is not enough that the putting out be found unless the Indictment do also contain adhuc extra tenet without the which it may be thought that the other hath gotten in again aâ—â— then restitution shall be needless Crompt 163. b. 14 H. 6. 16 Forcible Entry Br. 13. Crompt 166. a. Dalt 210. cap. 81. Restitution XXXV Lambert 154. This Restitution ought to be made to him that is put out and to none other so that if the Father be put out by Force and Dyeth after the time of Enquiry and before Restitution his Heir shall not have Restitution upon it Dalt 213. cap. 83. 59. cap. 22. 206. cap. 79. Enquest XXXVI Lambert 164. The Precept to the Sheriff in nature of a Venire facias Kanc. ss G. R. unus Justiciar ' Domini Regis ad Pacem in Comitatu Kanc. conservand ' Assignat ' Vicecom ' ejusdem Comitatus salutem ex parte dicti Domini Regis tibi mando percipio quod venire facias coram me apud J. in Com' predict ' xx die Sept. proximum futurum xxiiij probos sufficientes legales homines de vicineto de J. predict ' quorum quilibet habet xl s. terrarum tenement ' vel redit ' per An' ad minus ultra reprisas ad inquirendum super sacramentum suum pro dicto Domino Rege de quodam ingressu manu forti facto in Messuagium cujusdam A. B. apud J. predict ' contra form ' Statut ' in Parliament ' Dom ' H. nuper Regis Angliae sexti Anno Regni sui octavo tent ' editi ut dicit ' videas quod super quemlibet Juratorum per se in hac parte Impannelland ' xx s. de exitibus ad prefatum diem retornes hoc nullatenus omit ' sub pena xx l. q. noveris te incursum si in executione premissorum tepidus aut remissus fueris habeas ibidem tunc hoc preceptum Teste me prefato G. R. xv die martii Anno Regni Crompt 75. Dalt 392. cap. 129. Poult de
regratariis ingrossariis extortionibus quibuscunque 7. ac de omnibus singulis aliis maleficiis offensis Enquest de quibus Justiciarii pacis nostrae legitime inquirere possunt aut debent per quoscunque qualitercunque in Comitatu predicto factis sive perpetratis vel quae imposterum ibidem fieri vel attemptari contigerit Riot 8. ac etiam de omnibus illis qui in Comitatu predicto in Conventiculis contra pacem nostram in perturbatione populi nostri seu vi armata iverunt vel equitaverunt seu imposterum ire vel equitare presumpserint 9. ac etiam de omnibus his qui ibidem ad gentem nostram mahemand ' vel interficiend ' in insidiis jacuerunt Intendment Measures vel imposterum jacere presumpserint 10. ac etiam de Hostellariis iis omnibus singulis personis qui in abusu ponderum vel mensurarum sive in venditione vectualium contra formam Ordinationum vel Statutorum vel eorum alicujus inde pro communi utilitate regni nostri Angliae populi nostri ejusdem deliquerunt vel attemptanerunt seu imposterum delinquere vel attemptare presumpserint in Comitatu predicto Officers 11. ac etiam de quibuscunque Vicecomitibus Ballivis Seschallisne Constabulariis Custodibus Goalarum aliis Officiariis qui in executione officiorum suorum circa premissa seu eorum aliqua indebite se habuerunt aut imposterum indebite se habere presumpserint aut tepidi remissi vel negligentes fuerunt aut imposterum fore contigerit in Com' predicto Enquest 12. de omnibus singulis Articulis Circumstantiis aliis rebus quibuscunque per quoscunque qualitercunque in Com' predicto factis sive perpetratis vel quae imposterum ibidem fieri vel attemplari contigerit qualitercunque premissorum vel eorum alicujus concernentibus plenius veritatem Endictment 13. ad indictamenta quaecunque sic coram vobis seu aliquibus vestrum capta sive capienda aut coram aliis nuper Justiciariis pacis in Comitatu predicto facta sive capta nondum terminata inspiciendum ac ad Processus inde ver sus omnes singulos sic indictatos vel quos coram vobis imposterumindictari contigerit quousque capiantur reddant se vel Utlagentur faciend ' continuand ' Oyer 14. ad omnia singula felonias veneficia Incantationes sortilegia Artes Magicas transgressiones forestallarias regratarias ingrossarias extortiones conventicula Indictamenta predicta ceteraque omnia singula premissa secundum Leges Statuta regni nostri Angliae prout in hujusmodi casu fieri consuevit aut debuit audiendum terminandum ad eosdem delinquentes quemlibet eorum pro delictis suis per fines redemptiones amerciamenta forisfacturas ac alio modo prout secundum Legem Consuetudinem regni nostri Angliae aut formam Ordinationum vel Statutorum predictorum fieri consuevit aut debuit castigandum puniendum Jurisdiction 15. proviso semper quod si casus difficultatis super determinatione aliquorum premissorum coram vobis vel aliquibus duobus vel pluribus vestrum evenire contigerit tunc ad judicium inde reddendum nisi in presentia unius Justiciariorum nostrorum de uno vel de altero Banco aut unius Justiciariorum nostrorum ad Assizas in Comitatu predicto capiendas assignatorum coram vobis velâ— aliquibus duobus Execution vel pluribus vestrum minime procedatur 16. ideo vobis cuilibet vestrum mandamus quod circa custodiam Pacis Ordinationum Statutorum omnium singulorum ceterorum premissorum diligenter intendatis ad certos dies loca quae vos vel aliqui hujusmodi duo vel plures vestrum ut predictum est ad hoc provideritis super permissis faciatis inquisitiones premissa omnia singula audiatis terminetis ac ea faciatis expleatis in forma predicta facturi inde quod ad justitiam pertinet secundum Legem Consuetudinem regni nostri Angliae salvis nobis Amerciamentis aliis ad nos inde spectantibus Sheriffs 17. mandamus etiam tenore presentium Vicecom ' nostr ' Middlesex quod ad certos dies loca quae nos vel aliqui hujusmodi duo vel plures vestrum ut predictum est ei ut predictum est scire feceritis venire faciat coram vobis hujusm ' duob ' vel pluribus vestrum ut dictum est tot tales probos legales homines de Balliva sua tam infra libertates quam extra per quos rei veritas in premissis melius sciri poterit inquiri Records 18. Assignavimus denique te praefatum Gulielm Comitem Craven custodem Rotulorum pacis nostrae in dicto Comitatu nostro ac propterea tu ad dies loca predicta Brevia Praecepta Processus Indictamenta predicta coram te dictis sociis tuis venire facias ut ea inspiciantur debito fine terminentur sicut predictum est in cujus rei testimonium has literas nostras fieri fecimus patentes Teste me ipso apud Westminst ' 9 die Febr. An. Reg. Nostri 29. See Crompt 1. an old Commission for Stafford in Chancellor Elsemore's time and Crompt 3. b. 4. a. this new one for Kent Dalt 16 17. cap. 5. the like for Cambridgeshire and for Ireland see Bolt 11 12. cap. 2. V. Lamb. 45. Peace This first assignavimus 2. makes them Justices for the conservation of his Majesties Peace by force of which words they have singularly dually and plurally both all the ancient power touching the Peace which the Conservator of the Peace had by the Common Law and also that whole Authority which the Statutes have sithens added thereto for the more evident Declaration whereof they are immediately after 3. assigned to conserve omnia Ordinationes Statuta pro bono pacis c. In which general words there do lye implied not only the several Statutes 3 Ed. 1 W. 1. 9. 13 Ed. 1 of Winch. Stat. 2. cap. 1. c. 28 Ed. 3. 11. 5 Ed. 3. 4. But also whatsoever other Laws and Statutes made either for the arresting of Robbers Murderers Felons and of those that be suspected to be such or for the repressing of Riots Affrays Force and Violence c. or for having Armor and Weapon c. Dalt 18. cap. 5. VI. Lamb. 46. But as the Conservation of the Peace Contempt and the Execution of the Statutes be several things so is there in this first rank two distinct ways for the effecting of the same for 4. the Statutes are to be performed according to such Prescript and Order as themselves do deliver wherein if no power at all be expresly given to any one Justice of the Peace alone then can he not otherwise compel the Observation thereof so far as I
before the Eye and therefore the Law shall largely construe the Authority of a Justice of Peace in that behalf so that he shall neither need to make any precept in Writing nor to be present in his own person but may use all reasonable means for Prevention and Stay of the Evil and yet the ordinary power of punishing Routs and Riots resteth not in his hand alone but rather belongeth unto two Justices of the Peace XXXI Crompt 121. § 17. One Justice of Peace may take Rioters Imprisonment and yet 13 H. 4. 7. § 1. N. 1. speaks of two Justices for the said Statute is taken largely as appears 14 H. 7. 8. XXXII Lamb. 187. This to be plain I do not like Recognizance that one Justice of the Peace should take upon him to bind an Offender against any penal Law being within the power of Justices of the Peace but yet neither comprehended in the Commission nor committed to the charge of any one of them to apear at the Sessions to answer to his fault for although I have seen sundry old Precedents of Attachments made for one Justice of Peace against Laborours to be before the Justices at their Sessions to answer to their Contempts yet I am not perswaded that the like may be done against the Offenders of other Statutes unless it be therein specially so appointed no more than it might have been done in that case of Laborours it self had not 25 Ed. 3. 6. § 1. N. 1. expresly commanded it Crompt 122. b. § 3. Dalt 159. cap. 67. Fish XXXIII Lamb. 189 190. Every Justice of the Peace is a Conservator of Rivers within his County and when he may attend it ought to survey the Weers c. 13 Ed. 1. W. 2. cap. 47. § 1. N. 3 13 Rich. 2. 19. § 1. N. 6. 17 R. 2. 9. § 1. N. 7. Dalt 134. cap. 50. Apprentice XXXIV Lamb. 190. Any one Justice of the Peace may take upon him to hear and order the Controversies between Masters and Servants touching their departure §c 5 Eliz. 4. § N. Crompt 195 196. § 16. Dalt 21. cap. 6. Forest XXXV Lamb. 191. Upon Information to any Justice of Peace of any unlawful Hunting by night or with Disguises c. in Forrest Park or Warren of any suspected thereof that Justice may make a Warrant c. and may examine him c. 1 H. 7. 7. § 1. N. 3. Crompt 195. b. § 20. Games XXXVI Lamb. 191 192. Every Justice of the Peace may as well within Liberties as without enter into any common house where unlawful Games are kept 12 R. 2. 6. § N. 33 H. 8. 9. § 14. N. 1. Crompt 195. b. § 21. Dalt 154. cap. 66. 63. cap. 23. Ale XXXVII Lamb. 192 193. The Innkeeper Victualer or Ale-house-keeper that suffers any to continue Tipling in his house shall forfeit 10 s. and that selleth under measure upon view by one Justice or upon proof thereof by two Witnesses before any one Justice c. 1 Jac. 9. § 2. N. 6. Dalt 154. cap. 66. Fish XXXVIII Lamb. 193. Any Justice of Peace in Lent may enter into common Victualling-houses and seise Flesh forfeit c. 1 Jac. 29. § N. Dalt 21. cap. 6. 56. cap. 2. Tiles XXXIX Lamb. 193. Any one Justice of Peace by the large words of the Statute 17 Ed. 4. 4. § 1. N. 13. but learn whether it be so to be taken or no may enquire hear and determine by his Discretion as well by Examination as otherwise Tile-making c. Crompt 195. b. § 23. Dalt 21. cap. 6. 155. cap. 66. War XL. Lamb. 193 194. If Soldier imbezel Armor c. and escape punishment of Lieutenant c. then upon Complaint and due proof of the Offence by Owner c. to any Justice of the Peace he shall by him be committed without Bail c. 2 3 Ed. 6. 2. § 4. N. 1. Crompt 195. b. § 24. Dalt 155. cap. 66. Pope XLI Lamb. 194 195. If any to whom Agnus Dei Cross Picture Bead c. shall be offered do disclose the name and dwelling of the Offerer to any Justice of the Peace that Justice must in 14 days next after declare the same to one of the Kings Privy Counsel 13 Eliz. 2. § 8. N. 1. Crompt 195. b. § 25. Religion XLII Lamb. 195. If Disturbers of Preacher be arrest and brought before a Justice of Peace then he upon due accusation shall forthwith commit the party so taken by his discretion 1 Mar. 1. Stat. 2. cap. 3. § 2. N. 1. but enquire if all this Statute be not repealed by 1 Eliz. 2. § 27. N. 1. in general words Crompt 195. § 14. Dalt 155. cap. 66. XLIII Lambert 195 196. Poor Every Justice of Peace may within one Month after Arrival seize all the Goods of any Outlandish persons calling themselves Egyptians that shall come into this Realm c. 22 H. 8. 10. § N. But note that after the Month the Offence is made Felony and then it seemeth the King is to have the Goods wholly Crompt 195. § 13. 1 2 Ph. Mar. 1. § N. XLIV Lambert 196. Inrolement If any one Justice of the Peace do join with the Clerk of the Peace in taking the Inrolement of an Indenture of Bargain and Sale of Lands Tenements or Hereditaments lying in that County where he is Justice it is sufficient as it seemeth by the words of the Statute 27 H. 8. 16. § 1. N. 2. XLV Lambert 196. Wax Every Justice of Peace may examine and search by his Discretion such as Sell any Candles or other Works of Wax above 4 d. the pound above the price of plain Wax 11 H. 6. 12. § 1. N. 4. As it seemeth by the large words of that Statute XLVI Lambert 196 197. Fuel Any one Justice of the Peace is Warranted to set on the Pillory in the next Market Town to the place of Offence any person that hath broken the Assize of Fuell and is not able to pay Forfeiture c. 7 Ed. 6. 7. § 6. N. 2. but consider whither a Justice of Peace may convict him of the said Forfeiture or no for it seemeth by the words of the Statute that he is rather a Minister than a Judge XLVII Lambert 197. A Justice of Peace my appoint Searchers Poor Watchmen Examiners Keepers and Buryers for Persons and Places Infected with the Plague give them their Oaths for Performance of their Offices and other Directions as to his Discretion shall seem good 1 Jac. 31. § 9. N. 1. Crompt 122 § 39. Dalt 21. cap. 6. XLVIII Lambert 197. Pope Any Justice of the Peace of the County where a person above 16 absents from Church dwelleth may make Certificat thereof in Writing in B. R. 23 Eliz. 1. § 5. N. 2. Crompt 195. § 12. Dalt 155. cap. 66. XLIX Lambert 197. Any Justice of Peace within that
both Inquirable and Determinable at any special Session of the Peace Mr. Fitz-herbert 19. Lamb. 584. suprà 190. useth a third difference between the General and Special Sessions of the Peace affirming that whereas at the General Sessions the Justices of the Peace ought of Duty to give in Charge all matters within the Commission or Statutes that are to be determined before them yet nevertheless at the Special Sessions they are at liberty to give in Charge either all or any of them as it shall seem good unto themselves Sessions CCLXI Lamb. 612. I will not gain-say but that the Justices of Peace may at any Special Sessions of the Peace give in Charge all such Statutes as do give unto them a general Power of Inquiry without using mention of restraint to any Sessions as doth 25 H. 8. 13. § N. of Sheep yea I will grant that they may also at their Special Sessions of the Peace give in charge to Enquire upon all such other Statutes as do use the word Sessions Indifferently without adding General or Special of which sort there are a great many as 5 6 E. 6. 4. § N. of Fighting in Church or Church-yard 14 H. 8. 11. § N. and 19 H. 7. 11. § N. of Hunting 5 Eliz. 13. § N. of Linnen Cloth 2 3 Ph. Mar. 7. § N. of Fairs and Markets 5 H. 4. 3. § N. of Sea watch and 7 Ed. 6. 5. § N. of Wines and sundry others but whether they may there also Inquire of such other Statutes as do only assign the Inquiry to be made at the Quarter Sessions you have heard my mind and read my reasons Crumpt 125. Sessions CCLXII Lamb. 612 613. however it be there might be great use of the Special Sessions of the Peace if they were now and then holden between the Quarter Sessions to deliver the Goals of unruly Servants Petty Thieves and some others c. Peradventure some will say that by this means we shall draw upon us again the same Inconveniencies of troubling the County that happened by the Six Weeks Sessions which were therefore abrogated by 37 H. 8. 7. § N. but that is not to be feared for whereas those Sessions were to be holden in every limit of the Shire these may be kept only in the Towns where the Goal standeth the which sithence it is commonly populous shall be easily able to furnish this Service without calling any other remote part of the County unto it Crumpt 123. § 18. Process CCLXIII Lamb. 614. the form of the Precept for a Special Sessions c. Kanc. ss M. F. Miles I. B. H. F. Armig. Justiciarii inter alios Domini Regis nunc ad pacem in Com. Kanc. Conservand ' Assignat ' nec non ad diversas felonias c. Vicecom ' Comitat ' predicti salutem Ex parte dicti Domini Regis tibi precipimus firmiter injungentes quod non omittas propter aliquam libertat ' infra hundredmu de O. P. Q aut eorum aliquod in Com. predicto quin venire facias coram nobis apud R. infrà hundredum de O. predict ' Decim ' Die Aug. proxim ' futur ' xxiv probos legales homines de eisdem hundredis ad Inquirendum tunc ibi pro dicto Domino Rege tam super quibusdam Articulis in Statuto in Parliament ' nuper Reg ' Eliz. Anno Regni sui Quinto tent ' Edit Artifices laboratores servientes apprenticios concernnent ' Quam super Articulis Quibusdam in Statuto in Parliament ' Dict' nuper Reg ' Anno Regni sui xxxix tent ' Edit ' Rogos Vagabundos validos mendicantes alios pauperes tangentibus proclamari etiam facias in Idoneis locis per Hundred ' predicta quod omnes qui versus predictos Artifices laboratores servientes apprenticios rogos vagabundos validos mendicantes alios pauperes seu Eorum aliquos Conqueri voluerint sint tunc ibidem coram nobis ad prosequendum versus eos parati sis ibi vel vicecomes tuus habens nomina Juratorum predictorum hoc nostrum breve testibus nobis prefat ' M. F. J. B. H. F. apud J. in Com' predict ' ultimo Die Martii Anno regni c. Lamb. 376. A precept for the General Sessions Indictment CCLXIV Lamb. 618. It seemeth by the opinion of some Justices 2 Rich. 3. 10. Judges Br. 33. That if a Justice of the Peace do any thing of Record Ignorantly and for want of knowledge that he shall not be punished for it Records CCLXV. Lamb. 618 619. On the other side if a Justice of the Peace will craftily Imbezilâ—an Indictment or wilfully Raze any part thereof or malitiously Enrol or File that for an Indictment which was never found by the Jury then by the resolution of all the Justices Assembled before the King in the Star-Chamber 2 R. 3. 10. a Commission may go out to Enquire by the Oaths of Twelve Men of such his Misdemeanor and if he be Convicted thereof he deserves to lose his Office and to make Fine to the King c. CCLXVI. Lamb. 619. And even so may he be punished Amendment as the Book leadeth me to think if he alter an Indictment of Trespass into an Indictment of Felony howsoever the opinion 27 Ass 18. presentment Br. 23. be found against it CCLXVII Lamb. 619. A Justice of Peace may also be Indicted of the unlawful taking of Money for doing his Office or of such other falsity Fees F. N. B. 243. E. and if he cause a man to be Indicted at the Sessions by former Conspiracy or Indirect practice he is punishable for it as a private man 21 Ed. 4. 67. CCLXVIII Lamb. 619. Slander But if in the handling of a Cause at the open Sessions it happen him to speak against an Offender somewhat excessively yet he shall not be punished for it CCLXIX Lamb. 620. And if the Proclamation Annexed to 4 H. 7. 12. § 1. N. 5. ought now to be read Maintenance then if it be not read at each Quarter Sessions every Justice of the Peace there present shall lose xx s. Crumpt 122. b. § 4. suprà 251. CCLXX. Lamb. 621. And the Justices of Assize may enquire of hear Drapery and determine the Offences of any Justices of the Peace in not doing their Duties for Execution of the Statute made against the deceitful stretching of Northern Clothes 39 Eliz. 20. § N. CCLXXI. Crumpt 122. b. § 2. The King by his Writ of Supersedeas may command the Sheriff or the Justices Supersedeas that they shall not keep their Sessions as appointed by the two Justices at the day and place and this shall be a discharge of the Precept made by the Justices to keep the said Sessions Fitz-herbert Ip. 10. CCLXXII Crumpt 122. b. 123. a. § 7. Wales It is enacted 5 6 Ed. 6. by a Statute not Printed
Oath is Evidence in Case of Death c. VII Lamb. 83 84. The Peace being for good cause required Peace it is the common manner to exact an Oath of the Party whereby the Justice may be the better Informed and led to think that he doth not ask it for malitious vexation of another but of very fear and for the needful safety of himself and his and F. N. B. 79. H. laboureth to shew that the Justices of the Peace ought not without such Oath to grant this Surety at the suit of any Man forasmuch as not only the Judges of B. R. do yet take an Oath in such Case but the Ancient Course of the Law was such in the Chancery it self also although it be now adayes otherwise used there Infra 11. VIII Lamb. 100. By Marrow for the avoiding of which deceit of Insufficient Security of the Peace the Justices of C. B. 7 H. 6. 25. pl. did examine the ability of the Sureties upon their Oaths c. Swearing IX Kilb. Presidents 207. A Warrant to pay 1 s. for Swearing in presence of a Justice of Peace on 21 Jac. 20. § N. To the Constable c. Kent ss FOrasmuch as A. B. of c. in the County aforesaid Butcher being of above the Age of Twelve years did in my hearing this present day in the Parish aforesaid in the County aforesaid prophanely swear one Oath for which Offence he forfeited and was to pay to the use of the Poor of the Parish the Sum of xii d These are therefore in his Majesties Name to command you to Levy to the use of the Poor of the said Parish the aforesaid xii d by Distress and Sale of the Goods of the said A. B. rendring to him the overplus and in defect of such Distress that you the said Constable do set the said A. B. in the Stocks by the space of three whole hours hereof fail not c. Given under my Hand and Seal this Tenth day of c. in the year of c. at c. in the said County c. Constable X. Kilb. Presidents 233. The Oath of a Constable Dalt 9. p. 363. 364. You shall well and truly serve the Kings Majesty in the Office of a Constable of the Parish of A. 2. And all Commissions Precepts and Warrants that are directed to you and shall come to your hands you shall to the best of your power cause to be duely and truely Executed 3. All Riots and Misdemeanors and breach of the Peace you shall suppress 4. You shall punish all Rogues Vagrants and Idle Persons according to the Laws of this Land in that Case made provided 5. You shall diligently persue all Hue and Cryes 6. You shall see that the Kings Majesties Watch within the said Town of A. be duely and truly set according to his Majesties Laws 7. You shall also do your best endeavour to suppress Drunkenness within the said Parish and to see the Laws and Statutes concerning the same to be duely put in Execution 8. And all other things belonging to the Office of Constable so long as you shall continue in your Office you shall well and truely perform and do so near as you can So help you God Peace XI Kilb. Presidents 233 234. The Oath of him that Craves the Peace against another suprà 7. You shall swear that the Surety of the Peace which you crave against A. B. is not for hatred or malice which you bear him but for safety of your body from harm which you fear he will do or procure to be done unto you So help you God 2. Or thus You shall swear that the Surety of the Peace which you crave against A. B. is not of any private malice hatred or evil will but meerly that you are afraid of your life or the hurting or maiming of your Body or the burning of your Houses So help you God Proof XII Kilb. Presidents 234. The Oath to Informers or Witnesses The Information that you shall give on the Kings Majesties behalf against A. B. shall be the truth the whole truth and nothing but the truth So help you God 2. You shall true Answer make to all such Questions as by me shall be demanded of you So help you God Imprisonment XIII Kilb. Presidents 2 Edit 235. A Mittimus for refusing the Oath of Allegiance Kent ss WHereas A. B. and C. D. two of his Majesties Justices of the Peace for the said County of K. whereof A. B. is of the Quorum do hereby Commit to your Custody the body of E. F. for refusing to take the Oath of Allegiance requiring you to take and safely in Prison to keep him till he shall be delivered by due Course of Law and for so doing this shall be your Warrant Given under our Hands and Seals this Second day of June in the year of c. 2. Ibid. The Oath of Abjuration on 35 Eliz. 2. § 8. N. 4. Stamf. 119. Wilkinsons Sheriff 40. The Laws c. 138. Abr. pl. 135. Exile You shall swear that you shall depart out of this Realm of England and out of all other the Kings Majesties Dominions and that you shall not return hither or come into any of his Majesties Dominions but by the License of our said Soveraign Lord the King or of his Heirs So help you God XIV Kilb. Presidents 2 Edit 236. The Oath of an Under Sheriff and Bayliff touching Juries on 27 Eliz. 12. § 2. N. 3. I A. B. do swear That I shall not use or exercise the Office of c. Corruptly during the time that I shall remain therein neither shall or will accept receive or take by any Colour means or device whatsoever or Consent to the taking of any manner of Fee or Reward of any Person or Persons for Impannelling or Returning of any Inquest Jury or Tales in the said Court for the King or betwixt Party and Party above 2 s. or the value thereof and such Fees as are allowed and appointed for the same by the Laws and Statutes of this Realm but will according to my power truely and Indifferently with convenient Speed Impannel all Jurors and return all such Writ or Writs touching the same as shall appertain to be done by my Duty or Office during the time that I shall remain in the said Office So God me help 2. Jurat ' ad utraque Sacrament ' viz. this and the Oath of Supremacy supradict ' x die Maii Anno 1680. Coram nobis A. B. C. D. de quibus A. B. est quorum unus c. XV. Kilb. Presidents 2 Edit 238. Church-wardens The usual Oath of Church-wardens You shall Execute the Office of Church-warden in the Parish where you are Chosen for this Ensuing year according to his Majesties Laws Ecclesiastical now in force So help you God 2. Or thus You shall Execute the Office of Church-warden in the Parish where you are Chosen according to your discretion
of this our Warrant hereof fail you not at your perils Given under our Hands and Seals at c. Fresh suit DVII Dalt 358. cap. 121. A Warrant for a General Search for Rogues 7 Jac. 4. To the High-Constables of the Hundred of c. Cambridge THese are in His Majesties Name to charge and Command you that you together with the Pety Constables of the several Towns Parishes and Hamlets within your Hundred taking sufficient assistance out of the said Towns do make a general privy search within every of the said several Towns Parishes and Hamlets upon the _____ day of c. at night next coming for the finding out and apprehending all Rogues Vagabonds and wandring and Idle persons in or about your said several Towns Parishes or Hamlets and that such as shall be found and apprehended you do cause them to be brought before us the next day unto L. by nine of the Clock there to be by us dealt withal according to the late Statute in that behalf provided at which time and place we further require you together with the said Pety Constables to appear before us and there to give an account and reckoning upon Oath in writing and under the hands of the Minister of every several Parish within your Hundred what Rogues Vagabonds wandring and disordered persons have been there apprehended as well in the same search as also since the last assembly and meeting that made was for that purpose being upon or about the _____ day of c. last past and hereof fail you not c. Process DVIII. Dalt 358. cap. 121. Note that all Rogues which shall be brought before the Justices upon such search after Examination of their idle life taken by the Justices are either to be whipped by the Constables of the Town where the Justices sit as it seemeth or else from thence are to be sent to the House of Correction and to be conveyed thither by the Constables that brought them and yet at the charge of the Hundred which services imposed on the Constables are some cause of their neglect of this service and therefore I have set down another course and Precedent perhaps no less serviceable which also may be performed and done every month or every meeting of the Justices if need shall so require or if the Justices can not or shall not meet yet it seemeth such Warrant may be granted out by any one Justice of the Peace as followeth Fresh suit DIX Dalt 358. 359. cap. 121. Another Warrant for a general search To c. Cambridge THese are in the Kings Majesties Name to Charge and Command you that you together with the Pety Constables of the several Towns Parishes and Hamlets within your Hundred taking sufficient assistance out of the said Towns do make a general privy search within every of the said several Towns Parishes and Hamlets upon the _____ day of c. at night next coming for the finding out and apprehending of all Rogues Vagabonds and wandring and idle persons in or about your said several Towns and that such as shall be found and apprehended you do cause them to be punished in every several Town or Parish where they shall be so apprehended by the Pety Constables of every several Parish respectively and by them also further to be conveyed according to the Statute and if any of the said Rogues shall appear to be dangerous or Incorrigible that then you cause such to be brought before me or any other of His Majesties Justices of Peace of this division to be further dealt withal according to the Statute in such cases provided Dated c. DX Dalt 380. cap. 124. A Testimonial or Pasport for a Poor man to Travail Licence Canterbur SIr R. M. and Sir J. R. Knights two of the Kings Majesties Justices of Peace within the said County to all Justices of Peace Mayors Bailiffs Constables and all other his Majesties Officers and Ministers whatsoever sendeth greeting c. Forasmuch as the bearer hereof E. P. because of c. hath desired our Testimonial or Licence for his safer travail unto the City of B. where c. in consideration whereof know ye we the said Sir R. M. and Sir J. R. so far as in us lieth to have Licenced the said E. P. to travail and pass the direct way from H. within the said County of C. wherein he lately dwelled unto the said City of B. so as his Journy be not of longer or further continuance than twenty days next after the date hereof praying you and every of you not to molest or trouble the said Poor man in his travail but to permit and suffer him peaceably to pass so as he shew himself in no respect offensive to his Majesties laws In witness c. DXI. Dalt 381. cap. 124. A Testimonial for such as have suffered Ship-wrack Licence Norf. A. B. of C. in the County of Norfolk Esq one of the Kings Majesties Justices c. to all c. Forasmuch as the bearer hereof is aged about c. having lately been at Sea in a ship called c. and hath suffered Shipwrack and got to land at Y. in the said County of Norfolk upon the _____ day of c. last past as I am credibly informed as well by the report of the said I. S. as also by the testimony of divers the Inhabitants of Y. aforesaid and for that the said I. S. hath not wherewith to relieve himself in his Travail homewards to D. in the County of H. where he saith he was born or hath a dwelling c. These are therefore to pray you and every of you to whom these presents shall come not to molest or trouble the said I. S. in his travail to D. aforesaid where he is limited to be within c. days next after the date hereof but desiring you rather to relieve him in his necessity as you shall seem meet and withal you the Constables of every Town where he shall come to help him with lodging in convenient time so that he Travaileth the direct way to D. aforesaid not doing any thing contrary to the Laws and Statutes of this Realm In witness c. DXII. Kilborns Precedents 115. 214. Imprisonment A Warrant for apprehending and committing a dangerous Rogue 7 Jac. 4. To the Constables c. of the Hundred of A. and to the Keeper of the House of Correction for the County aforesaid Kent ss FOrasmuch as A. B. a Rogue Vagabond idle or disorderly person c. was found and apprehended at C. in the Hundred and County aforesaid in a general privy search by our Command made according to the form of the Statute in that case made and provided and brought before us this present day at our assembly at T. in the County aforesaid We do therefore in His Majesties Name Command you the Constables c. that you some or one of you do at the charge of the said Hundred convey the
said A. B. to the aforesaid house of Correction and there deliver him to the said Keeper of the same together with this Precept Commanding also you the said Keeper to receive him into the said house and there set him to work and labor or otherwise to deal with him according to Law until he shall be from thence lawfully delivered thereof fail not at your perils given under our Hands and Seals at A. aforesaid the c. day of c. Imprisonment DXIII Dalt 384. cap. 125. A Mittimus to the House of Correction of a dangerous Rogue Kent ss I. R. c. and M. D. Esq two of the Kings Majesties Justices of the Peace within the said County of K. to the Master or Governor of the House of Correction at B. for the East side of the same County or to his Deputy there greeting 39 Eliz. 4. and 7 Jac. 4. Whereas I.S. a sturdy Vagrant Begger was this day of c. Anno Dom. c. brought before us and charged as well with Begging and Idle wandring abroad as also with other lewd and disorderly behavior so as he appeareth to us to be dangerous to the inferior sort of people or such a one as will not be reformed of his Roguish life Contrary to His Majesties Laws in that behalf provided These are therefore to Will and require you to receive the said I. S. and him safely keep in your said house until the next Quarter Sessions to be holden in the said County and during all that time that he shall so continue with you that you hold him to work and labor and to punish him by putting Fetters or Gives upon him and by moderate whipping him as in good descretion you shall find cause yealding him for his maintenance only so much as he shall deserve or Earn by his labor and work and that at the said next Quarter Sessions you have the said I. S. there together with this our Warrant and hereof see that you fail not c. dated c. Imprisonment DXIV Kilborns Precedents 196. A Mittimus for a dangerous Rogue on 39 Eliz. 4. To the Constable c. of the Hundred of A. and to every of them and to the Keeper of His Majesties Goal for the said County at M. in the County aforesaid Kent ss FOrasmuch as A. B. a wandring Rogue doth appear to be dangerous to inferior sort of people or one that will not be reformed of his Roguish life c. We do therefore in His Majesties Name charge and Command you the said Constable and Borsholders c. that you some or one of you do safely convey the said A. B. to the Goal aforesaid and there deliver him to the said Keeper of the same together with this precept Commanding also you the said Keeper to receive him into the said Goal and him there safely to keep until the next Quarter Sessions of the Peace to be holden for the said County at A. aforesaid that he may then and there be farther dealt withal according to the Law Hereof fail not at your perils given under c. Warr. DXV Kilborns Precedents 205. A Certificate for allowance to Wife or Orphan of maihmed Souldier on 14 Car. 2. 12. To the Treasurer of the said County for maihmed Souldiers Kent ss FOrasmuch as A. B. Widdow or Orphan of D. Officer Souldier or Mariner maihmed indigent aged or disabled in body for work in the service of His Majesty c hath according to the form of the Statute in that behalf lately made appear unto us that A. B. late of C. continued faithful to his trust and not deserted the same by taking up Arms against His said late Majesty or His Majesty that now is or otherwise We do therefore according to the said Statute adjudge that over and besides such relief as shall give by work and labor and shall be allowed by the Charity and benevolence of the Parish of A. where is now setled DXVI. Kilborns Precedents 212. 213. Licence A Testimonial or Pass for a Vagrant where the place of his birth is nor known on 39 Eliz. 4. Lambert 204. Constables duty 41. Kent ss A. B. a Vagabond of low Stature aged about twenty years was this present day taken Begging Vagrant wandring or misordering himself c. at T. in the County aforesaid and then and there by my appointment punished according to the form of the Statute in that case provided and for that the Parish where he was born is not known tho it be demanded of him and for that also he did last dwell before the same punishment by the space of one whole year in the Parish of T. c. as he confesseth he is therefore to be conveied from Parish to Parish by the Officers of every of the same the next right way to the said Parish of T. there to put himself to labor as he ought to do and he is limited to pass thither within c. days now next ensuing at his peril Given under my hand and Seal at c. DXVII Kilborns Precedents 213. Lieu. The like where neither the place of his birth nor last abode is known Kent ss A. B. Vagrant of midle Stature aged about forty years was this present day taken Begging Vagrant wandring or misordering himself c. at T. in the said County and then and there by my appointment punished according to the form of the Statute in that case provided and for that neither the Parish where he was born nor the Parish where he did last dwell before the said punishment by the space of one whole year is known tho both were by me demanded of him he is therefore to be conveyed from Parish to Parish by the Officers of every of the same the next strait way to the Parish of B. in the c. through which he last passed without punishment as he saith and he is to be from thence conveyed by the Officers of the said Parish according to the form of the Statute in that case made and provided and is limited to pass thither within days now next ensuing at his peril Given under my Hand and Seal at c. DXVIII Kilborns Precedents 214. Forfeiture A Warrant to pay 2 s. for apprehending a Vagrant on 14 Car. 2. 12. To the c. of A. in the Parish of B. in the County aforesaid Kent ss WHereas A. B. did lately apprehend and bring unto me C. D. a Rogue Vagabond or sturdy Begger which did pass through your c. in the Parish aforesaid unapprehended These are therefore in His Majesties Name to Will and require you forthwith to pay to the aforesaid A. B. 2 s. for each for his said apprehension of the aforesaid C. D. according to the form of the Statute in that case lately made hereof fail you not at your peril Given under my Hand and Seal the c. DXIX. Kilborns Precedents 215. Distress A Warrant upon non payment
words of the Act and their Monthly absence ought to be presented as well as that of their Parents or Masters And in this Wingate Crown 100. hath clearly mistaken for he tells us That the Monthly absence of all the Children and Servants of a Popish Recusant ought to be presented Indictment LX. The Laws c. 162. 163. Abr. 165. To enquire hear and determine 3 Jac. 4. § 7. N. 1. This is intended of Indictments only and revives the Power of the Justices of Peace given them by 23 Eliz. 1. § 9. N. 2. suprà and taken from them by the Negative words of 29 Eliz. 6. § 2. N. 2. suprà so that now the Justices of Peace may proceed to Judgment against the Recusant upon 23 Eliz. 1. § 5. N. 1. or Convict him upon Proclamation and Default and so may the Justices of Assize or Goal-delivery proceed either way For the words of 3 Jac. 4. § 7. N. 2. and of 29 Eliz. 6. § 5. N. 5. which give the Proclamation being in the Affirmative do not take away the proceedings upon 23 Eliz. 1. § 9. N. 2. but that the Justices may waive the Conviction by Proclamation if they please Nor is the Informers popular Suit 23 Eliz. 1. § 11. N. 1. taken away by 29 Eliz. 6. § 4. N. 3. or by this Statute 3 Jac. 4. § 7. N. 2. Dr. Fosters Case 11 Co. 61. Appearance LXI The Laws c. 164. Abr. 169. Shall not make Appearance of Record 3 Jac. 4. § 7. N. 3. And if the Recusant do appear of Record at the Assizes Goal-delivery or General or Quarter-Sessions it shall be sufficient to save his Default although he did not render himself to the Sheriff upon the Proclamation and this is clear by the words of 3 Jac. 4. § 7. N. 3. which is grosly mistaken Wingate Crown 102. who saith The Recusant shall be Convicted if he render not his Body to the Sheriff or Bayliff of the Liberty and that Default be recorded This appearance on 3 Jac. 4. § 7. N. 3. must be in proper Person and not by Attorney for none can at first appear by Attorney unless inabled by some Statute and all Appearances by the Defendant in any Court ought by the Common Law to be in Person 10 Co. 101. Bewfages Case But after a Plea pleaded to an Indictment an Attorney may be admitted at the Discretion of the Court if they think fit but not otherwise and in some Cases not without a special Writ directed to the Justices to that purpose 16 Ed. 4. 5. F.N.B. 26. The Party Indicted and Proclaimed on 3 Jac. 4 § 7. N. 3. who appears at the Assizes or Sessions must take care that his Appearance be entred of Record For if the Clerk of the Assizes or Clerk of the Peace should mistake and instead thereof Record his Default he hath no way to avoid his standing Covicted but he is to put his Action upon the Case against such Clerk of the Assizes or Peace See Popham 29. Kellway 180. The personal Presence at the next Assizes or Sessions of the Party Indicted of Recusancy and proclaimed on 3 Jac. 4. § 7. N. 3. although he continue there from the beginning to the ending is no sufficient ground to Record his Appearance nor shall save his Default for although he be there personally present and openly confess himself to be the same Person who was Indicted and against whom the Proclamation Issued yet if he deny to appear upon the Proclamation or to consent that his Appearance be entred of Record it seems that his Appearance cannot be Recorded but his Default shall and he shall stand convicted thereupon And this is no more an Appearance than where a Prisoner is brought to the Common Pleas Barr by Habeas Corpus to the intent to have him appear to an Original brought against him and he denies to appear to the Action in which Case his Appearance cannot be Recorded as was resolved 43 Eliz. in Ascoughs Case Golsb. 118. pl. LXII The Laws c. 174. Abr. 131. These words passing c. and unknown 3 Jac. 4. § 13. N. 4. being in the Conjunctive it seems that the Bishop or two Justices ought not to examine upon Oath or tender this Oath to any Passenger or Traveller quatenus such unless he be unknown viz. such an one as conceals his true Name or Quality for so it must be reasonably intended and not of all Travellers through the Country as Wingate Crown 106. mistakes For it appears by the other Qualifications here enumerated that the intent of the Act is that it shall be offered by the Bishop or two Justices to such only of whom there is any just Cause of Suspition 7 Jac. 6. § 26. N. 2. Infrà 260. LXIII The Laws c. 175. Abr. 182 Imprisonment There to remain without Bail or Mainprise 3 Jac. 4. § 14. N. 1. the Bishop or two Justices cannot take Sureties of him who refuseth the Oath for his Appearance at the Assizes or Sessions as Wingate Crown 107. mistakes but must Commit him immediately to Goal nor can any other Court or Justices Bayl him in this Case LXIV The Laws c. 175. Abr. 183. Justices Vntil the next Assizes or General Quarter-Sessions 3 Jac. 4. § 14. N. 1. This being in the Disjunctive the Bishop or two Justices have their Election to Commit the Party refusing the Oath either until the next Assizes or until the next Sessions as they shall think fit For some may be more aptly committed until the next Assize and some until the next Sessions 12 Co. 131. LXV The Laws c. 175. 176. Abr. 184. Oath These words Any other person whatsoever 3 Jac. 4. § 14. N. 3. are Exclusive of the said Person or Persons who are Committed for refusal for 't is here in the Disjunctive So that it seems that if any Person whatsoever of the Age of 18 years or above and under the degree of a Nobleman or Noble woman be at the Assizes or General Quarter-Sessions of the Peace whether voluntarily or brought in upon Process on an Indictment of Recusancy or for any other matter and be there tendred this Oath and refuse to take it although it were never tendred to him before yet upon his refusal there he incurs a Praemunire and in this respect this Statute 3 Jac. 4. § 14. N. 3. is more Extensive than 7 Jac. 6. § 26. N. 6. where there must be a prior tender and refusal of this Oath otherwise a refusal of it at the Assize or Sessions doth not make a Praemunire by that Act 12 Co. 18. Infrà LXVI The Laws c. 176. Abr. 185. Error Shall incur the danger and penalty of Praemunire 3 Jac. 4. § 14. N. 3. If a man be committed by the Bishop or two Justices of Peace for the refusal of this Oath and the tender and refusal be expressed in the Mittimus the Justices of Assize or Justices of Peace in
Macclefields Case LXXIV Abr. 224. Of four of the Justices of Peace Justices 3 Jac. 5. § 7. N. 2. And a Licence from less than four will not now serve since the Repeal of 35 Eliz. 2. § 12. N. 1. and therefore 1 Roll. 108 is misreported in that particular for there mention is made of a Licence from two Justices of Peace as if no more were then requisite And that Case could not be grounded upon the Proviso in 35 Eliz. 2. § 12. N. 1. which required only two Justices as well for the distance of time being Nine years after the Repeal of that Proviso by 3 Jac. 5. § 6. N. 4. As for that in 1 Roll. 108. there is mention of a Licence under the Seals of the Justices of Peace and of the Oath to be taken by the Recusant neither of which was appointed by 35 Eliz. 2. § 12. N. 1. but by this Statute 3 Jac. 5. § 7. N. 4. which must therefore necessarily be there intended and not any Statute 1 Jac. which is another mistake in that Case 1 Roll. 108. LXXV The Laws c. 208. 209. Abr. 225. With the privity and assent in writing of the Bishop c. the Lieutenant or of any Deputy-Lieutenant 3 Jac. 5. § 7. N. 2. An Information was brought against a Popish Recusant Convict for remaining above five Miles from the place of his Confinement who pleaded a Licence from four Justices of Peace but the Plea was disallowed Mich. 12 Jac. saith Moor 836. pl. 1127. Mansfields Case But yet if it had been granted with the assent of any Deputy-Lieutenant residing in the County there is no doubt but it had been good enough The Bishop Lieutenant or Deputy-Lieutenant who gives his assent must be a distinct Person from the Justices of Peace who grant the Licence by 3 Jac. 5. § 7. N. 2. And therefore if one and the same Person be a Justice of Peace and Deputy-Lieutenant he cannot act herein in both Capacities for una persona non potest supplere vicem duorum And if he Sign and Seal the Licence as a Justice of Peace the assent of some other Deputy-Lieutenant or of the Bishop or Lieutenant must be had thereto or the Licence is void Mich. 12. Jac. Maxfields Case 2 Cr. 352. and Mansfields Case Moor 836. pl. 1217. and Macclefields Case 1 Roll. 108. And that Rule Quando duo Jura concurrunt in una persona aequum est ac si essent in diversis holds not in such Cases where distinct Persons are necessarily required by Law 7 Co. 14. Calvins Case And here four Persons 3 Jac. 5. § 7. N. 2. are necessarily required to grant the Licence and another Person to assent to it In 2 Cr. 352. one Exception to the Licence in Maxfields Case was That the assent of the Deputy-Lieutenant was contained in the Licence granted by the four Justices of Peace and was not separate and distinct by it self but to this the Court made no Answer And it seems that such an assent is well enough by 3 Jac. 5. § 7. N. 2. though in the same Writing with the Licence if it be expressed that the four Justices do licence and the Deputy-Lieutenant doth assent and such writing be under the Hands and Seals of all five Licence LXXVI The Laws c. 210. Abr. 228. The particular cause of the said Licence 3 Jac. 5. § 7. N. 3. In Maxfields Case 2 Cr. 352. another Exception to the Licence granted by the four Justices was That it was said to be granted for certain urgent Causes but no particular Cause for the Recusants travel was expressed in the Licence And this seems to be a good Exception For the inserting into the Licence that the Popish Recusant hath urgent or necessary occasion or business answers only the former part of this Proviso 3 Jac. 5. § 7. N. 2. which gives the four Justices power to licence him if he hath necessary occasion or business to travel out of the compass of five miles but withal it ought to be mentioned in the Licence particularly what that occasion or business is which is the cause of the Licence for so this Act here 3 Jac. 5. § 7. N. 3. expresly appoints and therefore that form of a Licence for a Recusant to travel which Dalt 379. cap. 124. tit Licences hath set down wherein no Cause is mentioned but urgent and necessary business seems too short and general and is not to be relied on Oath LXXVII The Laws c. 210. Abr. 229. First taking his Corporeal Oath 3 Jac. 5. § 7. N. 4. In Mansfields Case Moor 836. pl. 1127. there is another Oath mentioned for a Popish Recusant to take before he can be licenced to travel and that is the Oath of Allegiance prescribed by 3 Jac. 4. § 25. N. 1. for it s said Moor 836. That in an Information brought against the Recusant for travelling out of the Compass of five Miles the Defendant pleaded a Licence from four Justices of Peace and his Plea was disallowed because among other things he did not shew that before the Licence he had taken the Oath of Allegiance yet Quaere of this and by what Law the omitting to take that Oath makes the Licence void But I rather think it to be a mistake and that such an Exception might be moved but the Plea not disallowed for that Reason Justices LXXVIII The Laws c. 210. 211. Abr. 229. Before the said four Justices of the Peace or any of them 3 Jac. 5. § 7. N. 4. Mr. Shepherd in Sure Guide cap. 14. Sect. 5. thinks that no less than two of the four Justices of the Peace can minister this Oath to the Recusant But I take it to be clear that any of the four Justices may minister the Oath in this Case And there is a great difference between any Justices for that denotes the Plural Number as in the subsequent Clause 3 Jac. 5. § 27. N. 1. where any Justices may Imprison the Offender that is any two Justices or more and any of the Justices as here 3 Jac. 5. § 7. N. 4. which denotes the Singular Number and the following words who shall have Authority by virtue of this Act to minister the same may be well enough applied to any one Justice of Peace Books LXXIX The Laws c. 236. 237. Abr. 254. Shall be thought unmeet for such Recusant 3 Jac. 5. § 26. N. 2. So that the Justices of Peace are not bound by this Act to deface all Relicks of Price or to Burn or deface all other Relicks or Popish Books as Wingate Crown 144. misleads c. And though herein much is referred to the Direction of the Justices of Peace yet where the Husband is a Protestant and only the Wife a Popish Recusant it seems by these words 3 Jac. 5. § 26. N. 2. that they are not to consider what is unmeet for the Husband but what is unmeet for the Recusant viz. the
Sacramentum suum presentant quod A. B. nuper de E. in Com. W. predict ' vidua primo die Maij Anno c. post editionem Actus in Parliament ' Domini Jacobi nuper Regis Angliae apud Westm in Com. Middlesex Anno Regni sui tertij editi scilicet predicto primo die Maij Anno supradict ' voluntariè libenter retinuit custodivit Anglicè did willingly retain and keep in domo sua quendam C. D. Servum suum Anglicè her Servant continue per spacium 12 Mensium integrorum insimul à predicto primo die Maij Anno supradicto usque ad quartum diem Maij Anno Regni c. Qui quidem C. D. non accessit Anglicè did not repair alicui Ecclesiae Capellae aut usuali loco Communis precationis ad audiend ' Divinum Servitium sed abstinuit ab eisdem Anglicè did forbear the same per predictum spatium predictorum 12 Mensium contrà Pacem dicti Domini Regis Coronam Dignitatem suas contra formam Statuti in hujusmodi casu edit provisi c. Poysoning see Coron Possession see Seisin Execution Posse Comitatus see Sheriffs Riot Force Post-Office see Ways Poulterers see Fowl Pound see Replevin Power see Justices Authority Power of the County see Force Sheriffs Preachers see Religion Encumbent Precepts see Process Praemunire see Pope Presentment see Endictment Presentation see Encumbent Church Presumption see Intendment Priests see Pope Principal see Accessory Coron Prisons see Imprisonment Privy Sessions see Justices Priviledge see Dignity Process Warrants Precepts Attachments Deeds 1. LAmbert 84 85. A Justice of Peace may by word only command a man being in his Presence to find Surety of the Peace 9 Edw. 4. 3. For seeing that he is a Judge of Record saith Mr. Fitzherbert his Precept by mouth is stronger then his Precept by writing Dalt 328. cap. 117. 2. So if the Peace be demanded against one that is in his Presence he may command the Sheriff or other known Officer or his own Servant if they be then present also to arrest the Party to find this Surety 14 H. 7. 8. and by Marrow for it is not so much the Arrest of the Minister as of the Justice himself Crompt 149. 3. But if either the Officer Servant or Party be absent then it is requisite to make a Warrant or Precept in Writing the form whereof may be thus in English for I see no cause yet why it should be directed in Latin to a Constable or Bursholder that by all Presumption understandeth no Latin at all Dalt 328. cap. 117. Joindre II. Lambert 89. If such a Precept be made jointly to twain yet the one alone may serve it Crompt 147 b. Dalt 332. cap. 117. Jointenants Br. 1. libr. Intr. 600. Sheriffs 2. If it be directed to the Sheriff then he may command his Bayliff Under-Sheriff or other sworn and known Officer to serve it without writing any Precept Dalt 332. cap. 117. Deputy 3. But if he will command another man that is no such Officer to serve it he must give him a written Precept for otherwise a Writ of false Imprisonment will lye for the Arrest Crompt 148 b. 4. And if it be directed to the Bayliff or to a Justice of the Peace or other Stranger they must serve it themselves for they can command none other to do it neither by Word or Precept Per Marrow Dalt 332. cap. 117. Monstr 5. A sworn and known Officer needeth not to shew his Warrant when he doth serve it upon a man 8 Ed. 4. 14. Faux Imprisonment Br. 23. Kell 86. pl. 9 Co. 69. 20 H. 7. 13. c. for his Office doth after a sort Authorize him Crompt 148 b. Dalt 332. cap. 17. But if the Justice of Peace will set his Servant to serve it that Servant must shew the Warrant if the Party demand it and otherwise the Party may make resistance Retorn 6. A Justice of the Peace saith Peace Br. 9. may make his Warrant retornable before himself and the Bayliff needs not carry the Party before any other Justice But Fineux 21 H. 7. 20. saith That if a Justice of Peace doth make a Warrant of the Peace ex officio that is without any Writ of Supplicavit awarded then the Party may chuse to appear before him or any other Justice in the Shire and that he shall punish the Bayliff in false Imprisonment if he do otherwise compel him 5 Co. 59. Lambert 94. 7. Otherwise it is in the Execution of the Writ of Supplicavit for he alone to whose hands it first cometh is authorized to execute and retorn that Writ and thereupon F. N. B. 81. affirmeth That if such a Writ of Supplicavit be delivered to the Sheriff then he may both execute it alone and also take Surety by Recognizance which otherwise being but a Conservator he could not do because the Writ doth so enable him yet Littleton 9 Ed. 4. 31. is to the contrary III. Lambert 90. 91. Notice The Officer ought also to require the Party to come and find Surety of the Peace before that he do Arrest him by 5 Ed. 4. 13. and in truth the common form of the Precept is and if he refuse c. then he shall convey him to the Goal and therefore if he yield to come and to find Surety the Officer may neither absolutely arrest him nor take any Fee of him 2. If a Bayliff do Arrest a Man for the Peace before that he have any Warrant and then afterwards do procure a Warrant for it Officer this nevertheless is unlawfully done 43 Eliz. 6. and will not excuse him in an Action of false Imprisonment Crompt 149. Dyer 244. Bar. 248. Dalt 333. cap. 117. 3. But if the Bayliff do cause one by force of a Warrant to come and find Surety of the Peace and when the Party is brought the Justice will not bind him yet the Baylâ—ff is excused 21 H. 7. 22. IV. Lambert 91. Lieu. If Surety of Peace be required at the hands of a Justice of Peace that dwelleth out of the County against a Man within the County the Justice may grant a Precept to be served in the County But when the Party shall be thereupon warned and commanded to find Surety the Officer may not carry him out of the County to the Justice of Peace that made the Warrant by Marrow Crompt 149 b. infra for a Justice of Peace hath no Authority but in the County where he is Justice Com. 37. And therefore it may be doubted also whither such a Warrant be good or no. 2. The Case was there 13 Ed. 4. 8. That a Justice of Peace in one County pursued a Felon and took him in another County whereupon it was holden that he ought to be committed to the Goal of the County wherein he was taken and not of the County wherein he which took him was a Justice for that he
part of their Office to repress Felons XXIV Lambert 541 542. Justices It seemeth by Mr. Marrow and Fitzh 16. that albeit two Justices of the Peace the one being of the Quorum may hear and try the Felonies yet no Justices of the Peace have Authority to deliver Felons by Proclamation or without sufficient Acquittal nor yet to deliver such as be in Prison for suspition of Felony 2 For they must proceed by enquiring hearing and determining as their Commission § 13. appointeth them and not rid the Goal otherwise as the Justices of Goal delivery may do 3. And therefore such Persons if they cannot be Indicted must either remain the coming of the Justices of Goal-delivery as the common manner now is or else being removed in B. R. they are either to be delivered thence upon the Writ F. N. B. De gestu fama as old order was or by such other mean as they at this day do use therein XXV Lambert 543. Furthermore Oath they cannot Arraign a Man upon his Abjuration saith Mr. Marrow 2. It hath also been thought unmeet that they should try a Felon the same day in which they Awarded the Venire Fac. against the Jury Trial. on 22 Ed. 4. Coron 44. but that hath no necessity and the Law is now otherwise taken See tit Justices 289. Crompt 150 b. 152 a. 3. Marrow saith that Justices of Peace cannot Award the Writ of Venire Fac. tot matronas to try whether a Woman Arraigned before them be with Child or not But seeing it standeth with Law and Reason to stay her for the time that the Child may be preserved I cannot but doubt of this Opinion XXVI Lambert 534. 535. Pleading If Process be Awarded in B. R. or before Justices of the Peace the Party may come in and offer his Traverse and otherwise the Process should be in vain 2. Hereunto agreeth Moubray 41 Ed. 3. 26. Traverse de c. Br. 2. Saying further that in a Leet such a Presentment is not traversable because out of a Leet no Process can be Awarded upon it And this peradventure is the Reason of 8 Ed. 4. 5. and of Mr. Marrow where they say That a Presentment of Bloodshed found in the Sheriffs Tourn and sent as it ought to be to the Justices of Peace cannot be Traversed before them as whereupon they can neither make Process nor discharge the Party by way of Plea Lambert 496. 3. So that this seemeth a general Learning That wherever any Process ad Respondendum goeth out upon such an Endictment as is traversable there also the Party may offer and ought to have his Traverse against it Officer XXVII Crompt 147. A Justice of Peace may make whom he will Officer by Brudnel which was granted 14. H. 8. 18. Dalt 332. cap 117. 2. But the Warrant must bear date of the place where it is made 14. H. 8. 15. 3. It appears by the Oath of a Justice of Peace that he ought to direct his Precept to the Baily of the County or other the Kings Officers or to other Indifferent Persons to do Execution thereof Fitzh J. P. 19. Commission 4. Crompt 147 b. If a Justice of Peace commands an Officer known by Precept to do a thing out of the Jurisdiction of the Justice of Peace and he doth it the Officer shall be punisht c. 22. Ass 64. Officer Br. 20. and so see that the Officer must take notice of the Authority of the Judge Dalt 334. cap. 117. Notice 5. Nota That the Officer who Arrests a Man must see at his Peril whither it be the same Person or not that should be Arrested c. 21. Ed. 4. 54. Replevin Br. 58. 13. H. 4. 2. Crompt 148 b. Dalt 333. Cap. 117. infra 6. If the Justices Award Process to take another without Cause and the Sheriff takes him yet he shall not be punisht for he cannot argue their Authority As if the Justices De Banco in a Praecipe quod reddat Award a Capias to take the Defendant and the Sheriff takes him and after the Justices Amend the Process yet the Sheriff shall be discharged 20 H. 6. 15. Monstrance XXVIII Crompt 147 b. 148. A Justice of Peace makes a Precept to bring A.B. before him to answer to such things as he hath to object against him on the Kings behalf it seemeth good without shewing the special matter for it may be he hath matter of Treason Conspiracy Murder or c. to object to him This is used by the Justices as the chief Clerk of Wray Chief Justice told me Dalt 329. cap. 117. 2. See Libr. Intr. 83. An Attachment to appear before Justices of Assize to Answer super hijs quae sibi ex parte nostra tunc ibidem objicientur Dalt 329. cap. 117. Place 3. But if a man be to find Surety of the Peace or Good-behaviour he must shew the Matter in the Precept but not if it toucheth Felony or Capital Offences or Conspiracy or unlawful Assemblies c. Dalt 329. cap. 117. 4. Stamf. 155. A Corpus cum causa out of B. R. to the Sheriff of York against one who was in Prison in the Castle there and he did not shew the Cause in the Writ for it may be that the Justices sent for him for matter of Treason or great Conspiracy and therefore by Catline Chief Justice they need not shew Cause no more shall a Justice of Peace do as it seemeth in Case where he sends for him that hath commited Felony where he is to be examined thereon for then he would not be taken and so it is used every where 5. A Bailiff or other Arrests a Man by Warrant of the Peace and takes his Promise that he will come to him such a day to go to a Justice to find Surety of the Peace and he comes not the Bailiff cannot take him again by the said Warrant c. But if he escapes Br. 12. 45. against his will he may retake him by Fresh Suit c. Dalt 333. cap. 117. Riot XXIX Crompt 148 b. A Justice of Peace may command his Servants to go to such a Place and if Rioters come there to Arrest them without making any Precept to them by Fineux Chief Justice and Tremail 14 H. 7. 8. Lambert 89. supra Dalt 328. cap. 117. 2. If a Justice of Peace makes a Warrant to a known Bayliff to Arrest another for Felony where he is not before Indicted Arrest the Bayliff shall not be punisht for the Arrest for a Justice of Peace is an Officer of Record and the Bayliff cannot argue his Authority And yet this Warrant is out of the Authority of the Justice of Peace himself For the Justice himself cannot Arrest another for Suspition of Felony if he himself doth not suspect him 14 H. 8. 18. 20 Ed. 4. 6. Faux Imprisonment Br. 8. 33. Barr 289. Trespass 179. Lambert 188 189. supra 3. A Commission issued
terminand ' Assignatis apud Lynton in Com. tuo 1 die Maij proximum futurum ad respondend ' nobis super quibusdam Articulis super ipsum A. B. presentatis habeas ibi tunc hoc Preceptum Teste R. M. M. D. apud Lynton Distress 2. The Distringas thus Carolus Dei Gratia c. Vicecom ' c. salutem Precipimus tibi quod non omittas propter aliquam libertatem in Balliva tua quin eam Ingrediaris Distringas A. B. de C. in Com. tuo Yeoman per omnia terras tenementa c. quod de exitibus eorum respondeas c. quod Habeas Corpus ejus coram c. Justiciar ' c. ad respondend ' c. Teste c. Jâ—â—tices XLIV Dalt 404. cap. 132. The difference between Process and the Precept or Warrant of the Justices of the Peace seems to be this that the Precept or Warrant is only to Attach and Convent the Party before any Indictment or Conviction and may be made either in the Name of the King or of the Justice c. Process is always in the Name of the King and usually after an Endictment found or after other Conviction XLV 2 Inst 591. Imprisonment Hereupon it appeareth that the common Warrant or Mittimus to answer to such things as shall be objected against him is utterly against Law 4 Inst 177. Lambert 187. supra 12 Co. 103. supra Proclamation see Notice Process Proof Evidence Examination Witnesses Testimony Accusation I. LAmbert 210. 211. Examination Every Justices of Peace before whom any Person Arrested for Manslaughter or Felony or Suspition thereof shall be brought ouhgt before he commit him to Prison to take the Examination of such Prisoner and the Information of those that bring him and to put the same or so much thereof as shall be material to prove the Felony in writing within two days after and to take Bond of all such as do declare any thing material to prove the Offence to appear at the next general Goal-delivery and to give Evidence there against the Offender 2 3 Ph. Mar. 10. § 2. N. 2. Dalt 334. cap. 17. Proces 41. infra Dalt 295. cap. 111. Lambert 213. 214. Oath To this latter Opinion of taking Informations or Examinations on Oath I my self am ready to subscribe as well because I have heard some Justices of Assize deliver their minds accordingly as also for that I have found by Experience that without such an Oath many Informers will speak coldly against a Felon before the face of the Justice having belike first made their Bargain with the Offender or his Friends before that the Justice did hear of the cause Crompt 194. § 5. Dalt 171. cap. 70. 2. The Bond spoke of in 2 3 Ph. Mar. 10. § 2. N. 4. and in some others Recogn 9. seemeth to be meant of a Recognizance acknowledged unto the Kings use conditioned to the performance of that which the Statute appointed Crompt 196. § 3. 3. For as in the Case of Surety of the Peace and good abearing Records the Justice of the Peace takes usually a Recognizance and is Warranted so to do being made a Judge of Record as touching Matters of the Peace though he hath no full words for it either in any Statute or in the Commission so being Authorized by 2 3 Ph. Mar. 10. § 2. N. 1. to deal in this matter he may be well said to have herein implied by good congruence a Power to Record the acknowledging of a Sum of Money forfeitable to the King for not performing the Condition of the same Dalt 170. cap. 70. III. Crompt 102 b. pl. 26. Evidence If a Man gives Evidence to a Justice of a Felony against another and will not be bound to give it at the Assizes he shall be Committed by discretion because the Statute 2 3 Ph. Mar. 10. § 2. N. 4. saith that he shall be bound to give it 1 2 Ph. Mar. 13. Certification IV. Crompt 167 b. The Justice of Peace who takes any Examination touching plaints entred in the Courts of Sheriffs against 11 H. 7. 15. § N. and doth not certifie it in the Exchequer within a quarter of a year after shall lose 40 s. for his default therein by the said Statute Recognizance V. Crompt 197 b. pl. 25. A Coroner may take a Recognizance or Obligation of such who give Evidence before him Super visum corporis to prove him that Kill'd the Party Culpable and bind them to appear before the Justices of Goal-delivery 2 3 Ph. Mar. 10. § 2. N. 4. c. Evidences VI. Dalt 55. cap. 20. If one shall bring a Man suspected of Felony before any Justice of Peace but refuseth to be bound to give Evidence against the Prisoner either at the Goal-delivery or Quarter-Sessions as the case shall require if such bringer hath given Evidence before the said Justice against the Prisoner or can declare any thing material to prove the Felony and will not be bound to give Evidence upon his Trial the Justice of Peace upon his Discretion may commit to Prison such Person so refusing or may bind him to his Good-behaviour Imprisonment 2. But if the bringer of a Person suspected of Felony cannot declare any thing material to prove the Felony nor any other Person then present it seemeth the Justice ought not to commit the Prisoner and so was the direction of Sir David Williams at the Assizes at Cambridge Justices 3. Yet the Justices shall do well to Examine the Prisoner and if he shall confess the Felony then to commit him Or if upon his Examination there shall appear any just cause of suspition Or if the Prisoner be a Man of Evil Fame and that there be a Felony committed in these cases the Justices shall do well not to let him go but at least to bind him over to the next Goal-delivery and in the mean time to take further Information against him Examination VII Dalt 49. cap. 20. Every Justice of Peace may and must take the Examinations of all such Felons or Persons suspected of Felony as shall be brought before him 2 3 Ph. Mar. 10. 2. And must take Information against them of those that bring them scil of the Fact and Circumstances of the Felony and Fact 3. And must put in writing such Examinations and Informations or so much thereof as shall be material to prove the Felony and must certifie them to the next general Goal-delivery 4. And after such Examination and Information taken then the Justice must commit such Felons to the Goal or may Bail them if they be Bailable but then there must be two Justices together and the one of them of the Quorum 5. And must bind over by Recognizance the informers that do declare any thing material to prove the Felony to appear and to
Rotulorum for otherwise how shall the Justice of Peace be assured that he doth not defraud the King of a forfeiture that was grown unto him VII Lambert 114. 115. The Condition of this Recognizance Forfeiture of what good form soever you make it standeth upon two points 1. For appearance at the time 2. For keeping the Peace in the mean while c. As to the latter this is general that whatsoever act is a breach of the Peace the doing thereof doth also beget a forfeiture of the Recognizance that is made for the keeping of the Peace c. 2. If a Man be bound to keep the Peace against A. and do afterwards threaten A. to his face that he will beat him he hath forfeited his Recognizance Dalt 177. cap. 72. 3. And an Action of Trespass lieth at the Common Law against him that shall threaten one to beat him as appeareth in divers Book Cases 33 H. 6. 18. 37. H. 6. 20. c. and shall suppose it to be contra pacem 4. But otherwise it is if A. be not present at that threatning by good Opinion 18. Ed. 4. 28. yet if in the absence of A. he doth threaten that he will beat him and then he afterwards lye in wait to beat him he hath in that Case also broken his Recognizance 22 Ed. 4. 35 b. per Curiam 5. Like forfeiture is it if he that is bound do but command or procure another to break the Peace upon any Man or to do any other unlawful Act against the Peace if that it be done indeed 7 H. 4. 34 a. temps H. 8. Peace Br. 20. VIII Lambert 122. 123. the usual Recognizance of the good behaviour hath this form Kilb. Precedents 192. Good behaviour Kanc. ss Memorand ' quod quinto die Mensis Julij Anno Regni c. venit coram nobis H. P. Miles S. L. Armigero c. Justiciar ' Dom. Regis ad Pacem nunc c. R. de E. in Com. predict ' Yeoman in propria persona sua assumpsit pro seipso sub poena CC libr. H. C. de L. in Com. predict Yeoman J. S. de M. in eodem Comitatu Husbandman tunc ibidem in proprijs personis suis similiter venerunt manuceperunt pro predict R.G. viz. Quilibet eorum seperatim sub paena C libr. quod Idem R. G. personaliter comparebit coram Justiciarijs dicti Domini Regis ad Pacem c. ad proximam generalem Sessionem c. quod ipse interim se bene gerit erga Dominum Regem cunctum populum suum precipuè erga J. B. de C. c. quod ipse non inferret ne inferri procurabit per se nec per alios Damnum aliquod seu Gravamen prefato J.B. seu alicui de populo Ipsius Domini Regis de Corporibus suis per insidias insultus seu aliquo alio modo quod in laesisionem seu parturbationem pacis dicti Domini Regis cedere valeat quovismodo quas quidem separales summas C libr. uterque predictorum H. C. J. S. ut predicitut pro se ac predictus R.G. dictas CC libr. recognoverunt se debere dicto Domino Regi de terris tenementis Bonis Catallis suis quorumlibet cujuslibet eorum ad opus ipsius dicti Domini Regis fieri levari si contingat prefatum R.G. in aliquo praemissorum deficere inde legitimo modo convinci c. Dalt 370. cap. 123. 2. Or by a simple Recognizance with this Condition endorsed or under-written Conditio recognitionis predict talis est quod si predict R.G. imposterum se bene geret pacem Domini Regis conservabit erga dictum Dominum Regem cunctum populum suum nullum Damnum Corporale c. extunc Recognitio predicta pro nullo teneatur alioquin in suo robore permaneat Release 3. I have known it doubted whither the Surety of the good abearing commanded upon complaint may be released by any special Person or no because it seemeth more popular than the Surety of the Peace But if it may then may the form of such a Release be easily made by that of the Peace Supra using the words Securitatem de se bene gerendo in stead of the words Securitatem pacis Obligation IX Lambert 213 214 215. The Bond spoken of in this Stat. 2 3 Ph. Mar. 10. § 2. N. 4. 1 2. Ph. Mar. 13. § 5. N. 2. and in some othes seemeth to be meant of a Recognizance acknowledged unto the Kings use and conditioned for the performance of that which the Statute appointeth Crompt 196. § 3. Coron 2. The Party therefore that Informeth against the Prisoner for Felony may be thus bound in a single Recognizance Ks. ss Memorand ' quod tertio Die Aprilis Anno Regni Domini nostri Jacobi Dei Gratia c. D. E. de B. in Com. Predict Yeoman personaliter coram me T. S. uno Justiciariorum c. ad Pacem c. Assignatorum constitutus apud B. predict Recognovit se debere dicto Domino Regi X libr. bonae legalis monetae Angliae de bonis catallis terris tenementis suis fieri levari ad opus dicti Domini Regis heredum Successorum suorum si defecerit in conditione indorsata And with such a Condition The Condition of this Recognizance is such whereas one A. B. late of G. Laborer was this presant day brought before the said Justice by the above bound D. E. and was by him charged with the Felonious taking of twenty Sheep of him the said D and thereupon was sent by the said Justice to the Kings Majesties Goal If therefore he the said D. shall and will at the next General Goal-delivery to be holden in the said County prefer or cause to be framed and preferred one Bill of Endictment of the said Felony against the said A. B. and shall and will then also give Evidence there concerning the same as well to the Jurors that shall then enquire of the said Felony as also to them that shall pass upon the Tryal of the said A.B. that then c. or else c. 〈◊〉 X. Lambert 12 13. The Lord Chancellor or Lord Keeper of the Great Seal the Lord Steward of England the Lord Marshal and Constable of England and every Justice of B. R. have closed in their Offices a Credit for conservation of the Peace over all the Realm and may award Precepts and take Recognizances for the Peace by Marrow and Fitzherbert and by good Opinion the Lord Treasurer of England may well be added to the same number Dalt 1. 2. cap. 1. 2. The Master of the Rolls also by the Judgment of Mr. Marrow is a general Conservator of the Peace by his Office but he maketh process and taketh Recognizance thereupon not as incident to his Office but by Prescription
because they did it by Information Crompt 64 b. pl. 49. 8. And although they do so much without any Information yet if they find a Riot when they come to the place they shall not only be Excused for calling together such company upon their own motion but may also lawfully proceed to punish the Offenders Justices c. Fitzh 9. Crompt 64 b. pl. 59. Dalt 110. cap. 46. 9. And this they ought to do by Arrest if they be present Crompt 65. pl. 53. 10. In the Execution of which Arrest they may also Justifie the beating wounding or Killing of any of the Rioters that shall resist it Crompt 62 b. pl. 20. 11. So if they meet with the Offenders in their way Riotously Arrayed and coming from the Place they may nevertheless Arrest them for their unlawful Assembly Crompt 63. pl. 32. 12. And after this Arrest so made the Power of the County ought to aid the Sheriff for Conveying the Rioters unto the Goal without which the Arrest were but a Nugation 13. And in this point it differeth by the Opinion of Marrow from the Arrest of Felon by Hue and Cry for there saith he when they have once delivered the Felon unto the Sheriff they are no longer compellable to wait upon him XV. Lambert 315 316 317. The Arrest thus made these Justices Record Sheriff or Under-Sheriff ought to make a Record in writing of that which they see and find the which since it is a Conviction in it self against the Offenders ought to be formal and certain as well for the time and place as for the Number Weapon manner and other Circumstances for the Parties shall be concluded thereby and shall not be received to traverse or deny it because the view of a Riot as Mr. Fitzherbert saith is not to be traversed 2. Insomuch as if they either do Record that they saw a Riot wherein truth there was none at all or that it do afterwards appear by the Record it self that that Act which they recorded doth not amount to a Riot yet be the Parties without any remedy Crompt 63. pl. 33. 65. pl. 55 56. Dalt 109. cap. 46. infra 3. And if a Man be bound to the Peace and afterwards such a Record of a Riot is made against him and others he shall neither justifie as Mr. Marrow holdeth nor plead not Guilty in a Scire Facias upon his Recognizance 4. If therefore a Man be slain or maimed or a Rescous done to the Officer by such a Riot then the Record ought to be Riotose occiderunt or Riotose Mahemaverunt or Riotose Rescusserunt and not Felonice nor simply Rescusserunt because their Authority in this Case is restrained to the Riot only and extendeth not to the Felony But so that the Parties may notwithstanding that Record plead not Guilty to the Felony or to the Rescous howsoever for the Riot they are Estopt 5. And this Record ought to remain with the one of them and they and none other Justices of the Peace shall Imprison the Rioters and assess their Fine by Marrow Which Fine they are willed by 2 H. 5. 8. § 2 N. 4. to put in greater Sums then they were wont to be put in such Cases for supportation of the Costs of the said Justices and other Officers in this behalf as well in going and tarrying as retorning whereof payment ought to be made by the Sheriff by Indenture thereof between him and them 6. But if the Rioters shall Escape after that these Justices Sheriff or Under-Sheriff do come and see the Riot then can they neither Arrest them at any other time saith Mr. Marrow nor Award Process against them upon that Record which they do make Crompt 63 b. pl. 38. And then that Record must be sent into B. R. from which place Process may be made upon it where also the Parties shall not be admitted to any Traverse but must of necessity make Fine for their Offences 7. And now if these Justices Sheriff or Under-Sheriff shall go to see one Riot and then another Riot falleth out in their presence yet may they make a Record of that by Marrow So if they be assembled for some other Cause of Service or for some private business as for an Arbitrement or such like matter and a Riot happeneth to be committed in their sight they may Record it by Marrow 8. Likewise if the Rioters shall make a Riot upon the Justices and Sheriff that do come of purpose to Arrest them from the former Riot they may Record that also by Marrow And so may they as I think Record any Riot that shall be done upon themselves whilst they be assembled for any other Cause than for to suppress a Riot though Mr. Marrow seemeth to deny it XVI Lambert 318. 319. If two Justices of the Peace without the Sheriff or Under-Sheriff shall see certain Persons in doing any Riot they may cause them to be Arrested and may make a Record of that offence whereof the Parties shall be for ever Concluded Justices of Peace 9. whereto Fitzh addeth in his Book of Justices of Peace 17. that if two such Justices shall make such a Record wherein truth they see no such Riot that yet the Parties shall be Estopt and are without remedy 2. How this Record may be made without the Sheriff or Under-Sheriff since none other Statute but 13 H. 4. 7. gives this Power of recording but this only I cannot hitherto perceive unless it be understood of a Riot committed in their presence whilst they be sitting in judicial place as in the Sessions or at the least done to their disturbance when they be coming unto Sessions and so far in this way with him goeth 7 Ed. 4. 18. pl. as well as 14 H. 7. 8. Justices c. 9. XVII Lambert 319. 320. The Recording of a Riot by the Justices and Sheriff or Under-Sheriff Crompt 66 b. Dalt 397 cap. 130. Poult de Pace c. 86. § 8. Kent ss Memorand ' quod 20. die Jan. Anno Regni c. nos E. H. Miles J. L. Miles duo Justiciariorum dicti Domini Regis ad pacem in Com. predict ' c. assignatorum M. B. ad tunc Vicecomes ejusdem Comitatus ad gravem queremoniam humilem petionem A. B. de C. in dicto Comitatu Yeoman in proprijs personis nostris accessimus ad Domum mansionalem ipsius A. B. in C. predict ' ad tunc ibidem invenimus D. E. F. G. H. J. de C. predict ' Laborers ac alios malefactores pacis dicti Domini Regis perturbatores ignotos ad numerum decem personarum modo guerrino Arraiatos viz. Gladijs Pugionibus Galeis Loricis Arcubus Sagittis illicitè riotosè Aggregatos eandem Domum obsidentes multa mala in ipsum A. B. comminantes in magnam pacis dicti Domini Regis perturbationem ac populi sui terrorem contra formam Statuti in Parliament ' Domini Henrici nuper Regis
super Sacrament ' suum presentant quod cum in Statut ' in Parliament ' Domini Edw. nuper Regis Angliae primi Anno Regni sui tertio tent ' editi inter caetera ordinatum existit quod nullus Rapiat neque capiat Ancillam infra aetat ' existent ' per assensum suum vel sine assensu suo neque dictam Ancillam vel aliam faeminam contra voluntatem suam si aliquis hâ—c fecerit ad sectam illius qui hoc sequitur infra 40 dies Dominus Rex sibi faciet Communem Justitiam si nullus Incipiat sectam in hac parte infra 40 dies Dominus Rex sequetur illi qui invent ' fuerint culpabiles habeant Prisonam duorum Annorum postmodum redimantur ad voluntatem Domini Regis prout in eodem Statuto plenius continetur Quidam J. B. nuper de A. in Com. predict ' Statutum predict ' minimè ponderans nec paenam in eodem content ' verens J. O. Ancillam filiam H. O. infra etat ' existent ' 40 diebus elapsis apud W. in Com. predict ' tertio die Septemb. Anno c. violenter cepit rapuit contra formam Statuti predict ' ac contra Pacem c. V. Dalt 268. 269 cap. 104. Note That a Woman Convicted of or for felonious taking of any Money Goods or Chattels above the value of 12 d. and under 10 s. or as Accessory to any such Offence the said Offence being no Burglary nor Robbery in or near the Highway nor the felonious taking of any Goods from the Person of another privily shall for the first Offence be branded in the Hand and further punished by Imprisonment or Whipping at the Discretion of the Judge or Justice before whom she shall be so Convicted 21 Jac. 6. § 1. N. 2. Workmen see Apprentice Writs see Process Yarn see Drapery Year see Days A Recital of several GENERAL and PARTICULAR HEADS of Reference A ACTION Addition See Nosm Abjuration See Oath and Coron Accessory and Abbettors Affray Assault Battery Riot Tumult Ale Apprentice Agnus Dei See Pope Appeal Approver See Coron Aliens Arrest See Imprisonment Capias Attachment Appearance Arraignment See Coron Indictment Arms Armour See War Assize See Measures Archers See Bows Shooting Assistance Aid See Force Assemblies See Conventicle Riot Averment Agait or Await See Coron Afferemy See Amerciament Forfeiture Abby Allegiance See Oath Alms-houses See Poor Apples See Fruiterers Trespass Apparel Administrators Admiral Abearing See Good-behaviour Alias dictus See Nosm Additional duty See Taxes Authority See Power Jurisdiction Adultry See Bastardy Attaindre Annum Diem Vastum See Coron Absolution see Pope Accounts and Accountant B BAttery See Affray Trespass Badger See Corn. Baker and Bread See Corn. Baylment and Mainprise Bayliff Barretors See Maintenance Peace Bastards and Bawdry Beer and Brewers See Ale Boat-men and Barges See Sewers Bows and Butts see Games Shooting Bowls See Games Brass See Mettle Bridges See Ways Buckstalls See Forrest Buggery See Coron Butchers See Cattle Bulls See Pope Butter and Cheese See Victuals Battery and Battail See Affray Trespass Blood-shed See Coron Homicide Bark See Woods and Tanners Leather Bargain and Sale See Market Overt Bears See Cattle and Games Bigamy See Marriage Breach of the Peace see Peace Burning of Houses See Fire Beggars See Poor Beads See Pope Blockwood See Drapery Bonds See Recognizance and Bail Burglary and Breaking houses See Coron Breaking of Prison See Imprisonment Bushel See Measures Baron and Fem. Books Burials See Church Bricklayers See Masons Buying of Titles See Maintenance Bankrupts Bath and Bucstone See Poor License Banishment See Ouster le mere Behaviour See Good-behaviour C CAlculation See Days Calves See Cattle Captains See War Cattle Certificate Certiorari Challenge See Inquest Champerty See Maintenance Chance-medly See Coron Charge See Sessions Chastisement See Apprentice Church Clergy See Coron Clerk of the Peace See Peace Clerk of the Market See Market Overt Confession See Proof Confederacy Conspiracy Cloth See Drapery Cod See Fish Coertion See Dures Commission See Justices Condition See Recognizance Conies See Cattle Forrest Conjuration Creditors See Account Constable Corn. Coron Coroner Conventicles See Religion Riot Corporal pain See Pain Judgment Country Courts See Courts Curriers See Leather Custos Rotulorum See Peace Cutting out See Trespass Cut-purses See Coron Corruption of Blood See Coron Collusion Covin Cheats Cosening Cries See Fresh-suit Castles see Wars Cause of Suspicion see Intendment Chandlers Chiding See Affray Common-Prayer See Religion Concealment See Omission Cottages See Poor Cross-bows See Games War Shooting Common Customers see Merchants Costs see Damages Chattels see Coron Forfeiture Church-Wardens Cinque-Ports Circumstances see Examination Proof Claim see Market Overt Conviction see Attainder Proof Counterfeits see Forgery Coinage see Mony Children see Infant Commitment see Imprisonment Cowpers see Trades Crows see Fowl Courts Causeys see Ways Car-men Carriers see Ways Citation see Ordinary Coin see Mony Cursing see Oaths Cheese see Victuals Coffee house see Ale Congregation see Riots Cordwainers see Leather Chimny-mony see Taxes Collectors see Account D DEer see Forrest Death see Coron Demurer see Pleading Denial of Offence see Proof Deputy see Officer Dyers see Drapery Discontinuance see Process Disturbers see Assembly Discretion see Justices Draw-latches see Coron Deceit see Collusion Damages Departure see Apprentice Divine Service see Religion Dogs see Cattle Deodand see Coron Drunkenness see Ale Doves see Fowl Drovers see Cattle Dures see Imprisonment Dignity Deeds see Inrollment Denizen see Alien Drapery Ded. potestat see Oath E ECclesiastical Persons Causes and Jurisdiction Eggs see Fowl Egyptians see Poor Endictments see Indictm Enquiry and Enquest Escape Escheator see Officer Escheats see Records Estophel see Pleading Example see Coron Examination and Evidence see Proof Execution Extortion see Fees Exaction see Fees Enterludes see Games Embezelling see War Collusion Enfant see Infant Evesdroppers see Coron Evidence and Proof Embracery see Maintenance and Enquest Extolling Forreign Power see Pope Entre see Force Encumbent see Ecclesiastical Persons Excommengement Exportation Transportation see Ouster le mere Exile see Ouster le mere Excise see Taxes Ale F FAlse Imprisonment See Imprisonment Fairs See Market Overt Felon See Coron Felo de se See Coron Fines See Amerciaments Fish and fry of Fish Forfeitures False Tokens See Collusion Forgery Fencers See Games Flesh See Cattle Dayes Fish Force Forestallers See Market Overt Fresh Suit False News See Slander Farms See Husbandy Ferrets See Forrest Feasants see Fowle Fighting See Affray Fuel See Measures Fraud See Collusion Forgery Franchises Forrest Felony See Coron Fowle Fasting See Dayes Religion Freuterers See Trades Market Overt Common Fame See Coron Featherbeds See Drapery Fullers Earth See Drapery G GAmes Goales See Imprisonment Goldsmith See Mettle Good Abearing Behavior Guns See War and Games Shooting Gally half pence See Mony Grasiers See Cattle Grey-hounds See Cattle Glass-Men See Trades Gaugeors See Measures Grain See Corn.
2. 8 H. 6. 9. § 3. N. 2. to be plain that such persons as the Justice of Peace doth find and see continuing the Force at his coming to the place them he may immediately Commit to the Goal as convict of that offence notwithstanding any their gain-saying whatsoever Boult 123. cap. 29. § 9. 10. Traverse XLVI Lambert 158. ibid. But upon the Inquiry I see not that the Justice of Peace hath any other power Committed unto him by 8 H. 6. 9. § 3. N. 2. then to make the Restitution only which also it seemeth that he may make notwithstanding this offer of Traverse and if he will not so do the safest way in my opinion is to deliver or certifie the Presentment into B. R. and so to reserve the further proceeding therein to their further power and Authority Dalt 60. cap. 22. Crompt 164. b. Dalt 407. cap. 133. infra Enquest XLVII Dalt 58. cap. 22. § 6. Also the Justice of Peace notwithstanding his own View of the Force may and ought in some good Town or place near where the Force was at the cost of the party grieved to Enquire by a sufficient Jury of the same County to be Retorned by the Sheriff c. Com. 86. Boult 124. cap. 29. § 25. Justices XLVIII Dalt 58. ibid. And here Note that any one Justice of Peace alone out of the Sessions may make an Inquiry being so appointed by the Statute whereas otherwise there must be two Justices at the least to make an Enquiry or to hold a Sessions and one of them of the Quorum Peace Br. 14 Dalt 61. ibid. Amerciament XLIX Lambert 159. Touching the Assessement of the Fines some do think that the same Justice hath sufficient Authority to put them to their Fines and upon Pledges found for the payment thereof to deliver them out of Prison again when he by his discretion shall think it good for as they say he is the only appointed Judge over this Offence and only hath the Custody of the Record and knoweth best both how to moderate the Imprisonment and to rate the Fine according to the quantity of their trespass and offence and as he is bound by his Oath and Duty in their Opinion to Estreat all Issues and Amerciaments growing to the King by his Inquiry so ought he also to Estreat and send this into the Exchequer c. But granting this to be true yet to avoid all perill of dashing against the Rock of doubt I think it the better course to refer this over by delivery or certificate in B. R. Dalt 57. 58. cap. 22. Boult 124. cap. 29. § 21. L. Crompt 161. § 45. Justices Two Justices of Peace Record a forcible deteyner of Lands and a House made against 8 H. 6. 9. and Commit the party and before the Justice of Assize and Goal delivery he makes a fine for the Force ut accidit apud Staff at the Assizes in August 26 Eliz. and thereby it seemeth that the Justices of Peace at the General Sessions may assess the Fine as well as the Justices who recorded the Force for the Statute 15 R. 2. 2. § 1. N. 3. doth not say expresly that the Fine shall be assessed by them which recorded the Force more than by other Justices but it seemeth convenient that they who Record the Force or Riot should assess the Fine as Marrow saith Lect. 8. for they have best cognizance of the matter c. Boult 125. cap. 29. § 32. LI. Dalt 60. cap. 22. Amerciaments Although the Justice of Peace ought to Commit to the Goal and may Fine all such as he shall see continuing their Force at his coming to the place yet upon force found by Inquiry only and not viewed and seen by the Justice although this presentment of the Jury be a Conviction of the Offendors yet it seemeth the Justice of Peace may neither fine nor send to the Goal the said Offendors by 8 H 6. 9. § 3. N. 1. which appointeth the Inquiry for the Justice hath power by the said Statute to make Restitution only as saith Lambert 158 159. yet Mr. Crompt 161. § 45. holdeth the contrary scil That the party Indicted shall be Fined for the Force found Lambert 158. supra 46. Dalt 407. cap. 133. infra 79. Boult 126. cap. 29. § 41. Lambert 162. That on 14 H. 7. 28. Forcible Entry Seisin Br. 10. 22 H. 8. 6. c. The difference as well in Acc ' sur Stat. of an Indictment pleading three years possession by 8 H. 6. 9. § 7. N. 1. will rest in this as I think whether that continual possession of three years do immediately follow a peacible or forcible Entry continual I say because Forcible Entry Br. 29. seemeth to hold that if that possession by three years have not been continual and without interruption then if he reenter he cannot hold or deteyn with Force be his right or Title never so good and lawfull see Dyer 141 142. for the resolution of this Question as to Indictments 31 Eliz. 11. § N. was made Crompt 162. 165. b. Dalt 207. cap. 79. LIII Crompt 161. b. Restitution When a man is Indicted of a Forcible Entry upon 8 H. 6. 9. § 3. N. 2. the Statute is that the party so ousted shall be restored as appears by the Statute but without an Indictment he shall not have Restitution though the Justices Record the Force Dalt 210. cap. 81. LIV. Crompt 162. Courts If a man be restored upon an insufficient Indictment in the Country upon 8 H. 6. 9. which is removed in B. R. the Court there shall restore the party who was first ousted and so it hath been adjudged Dyer 142. Lambert 157. supra 43. Dalt 210. cap. 81. LV. Crompt 162. ibid. Restitution Restitution is awarded in the Country on an Indictment taken before the Justices of Peace and before Restitution made the Justices de B. R. before the Indictment was removed Awarded a supersedeas upon the Indictment which is before them adjudged insufficient with a proviso that if Restitution be Awarded before that the Sheriff shall restore him that was ousted notwithstanding as it was adjudged Mich. 27 28 Eliz. in B. R. Crompt 162. b. infra § 57. Amerciament LVI Crompt 162. ab the Statute of 8 H. 6. 9. conteins two matters one the Fine to the King for the Force found the other the Restitution and tho he against whom the Bill is preferred shall not be heard to give Evidence to Excuse himself of the forcible Entry to save the Fine due to the King for the Force yet as to Restitution which the Plaintiff will demand if the Force be found the Defendant shall be heard to disprove the Title of the Plaintiff otherwise any man might be ousted without cause and this is by Discretion Certiorari LVII Crompt 162. b. Restitution is Awarded the party having a Certiorari out of B. R. who after
the Sessions delivers it to the Sheriff yet he shall not Surcease for he hath not any Authority to allow it but if it be delivered to any Justices of the Peace he may Award a supersedeas but if Restitution be made before the Sheriff hath the supersedeas the party shall have Restitution in B.R. on the Indictment removed there Crompt 162. supra 55. 164. b. infra 60. Dalt 214 215. cap. 84. 21 Jac. 8. Restitution LVIII Crompt 163. The form of a Writ of Restitution granted by Justices of Assizes on a Verdit found before them in trespass on 8 H. 6. 9. § 3 N. 3. and yet the Statute speaks of an Indictment which Writ of Restitution is directed to the Justices of Peace and Coroners of the County where Restitution should be made 1 Inst 257. Dalt 208. cap. 80. Rex Coronatoribus nostris in Com' S. ac custodibus pacis nostrae Justiciar ' nostris ad divers feâ—nias transgr ' alia Malefacta in eodem Com' audiend ' terminand ' assignat ' eorumcuilibet salutem Cum per quandam Juratam patriae inter H. C. Militem E. S. de M. W. P. de c. capt ' apud A. in Comitatu predicto die Jovis proxime post Festum S. Barthol ' Apostoli ultimum preterit Coram R. B. A. F. Justiciar ' nostris ad Assizas in Com' predicto capiend ' assignat ' perform ' Statut ' in hujusmodi casu provisi compert ' est quod predict ' E. W. die Anno c. in decem Messuagia c. predicti H. cum pertinentiis in R. vi armis ingressi sunt ipsum inde vi Armisac manu forti adtunc ibidem expulerunt disseisiverunt ipsum sic expulsum disseisitum vi armis usque diem inquisitionis predictae extratenuerunt prout in Curia nostra coram nobis plene liquet de Recordo unde predict ' H. C. nobis supplicavit sibi de remedio in hac parte provideri quia volumus eidem H. fieri quod est Justum in hac parte vobis precipimus quod vos aut aliqui vestrum ad hoc debite requifit ' una cum Posse Comitatus illius si necesse fuerit accedatis ac Messuagium cetera premissa ac Messuagia nementa illa cum pertinentiis reseisiri faciatis predictum H. ad in plenam possessionem suam inde prout ipse ante ingressum Disseisinam predict ' fuerat restitui mitti faciatis juxta form ' dicti Statuti de ingressionibus manu forti factis nuper editi hoc nullatenus omittatis periculo incumbente Teste c. 20 H. 8. Rot. 22. Rast Intr. 338. Courts LIX Crompt 164. A Forcible Entry was found before Justices of Oyer and Terminer and the Record was sent in B. R. where he that was ousted prayed to be restored and this matter was debated before all the Justices of England in the Exchequer Chamber and by their opinions they could not by their Commission of Oyer and Terminer ad inquirend ' de omnibus transgr ' de omnibus aliis Articulis Causis contra formam quorumcunque Statutorum fact ' sive perpetrat Inquire of Forcible Entries which was at another time granted in B. R. Hill H. 8. by all the Court as to this point in a like Case 1 2 Hen. 8. Kell 159. pl. otherwise it is of a Forcible Entry found before Justices of Peace and removed in B. R. for there the Justiees may make Restitution which see there clearly by all the Justices aforesaid LX. Crompt 164. b. If a man fear he shall be Indicted upon 8 H. 6. 9. and that thereupon Restitution shall be Awarded Certiorari he may have a Certiorari ready and when the Bill of Indictment is found he may deliver this presently to the Court and this is a supersedeas to the Restitution because that by this Writ the Indictment shall be removed and tho that the Indictment be found after the Test of the Writ of Certiorari it is not material for both are the Kings Courts 1 R. 3. 4. accord c. LXI Crompt 164. b. Traverse Tender of a Traverse to an Indictment made on 8 H. 6. 9. is no supersedeas but only by discretion for in strictness of Law whatever the Title of him that is ousted by force be it s not material because the Statute is general that he that is so ousted shall be restored and this well appears by the Case of a Disseisor who shall be restored against the Disseisee ousting him with Force Dyer 122. Lambert 158. § 46. LXII Crompton 165. A Question was demanded of the Justices of both Benches by the Keeper of the Great Seal Supersedeas if complaint be made at the Quarter Sessions to three Justices of Peace sitting there of a Forcible Entry and Forcible Deteyner of any Freehold by him that is Disseised and a Bill or Presentment thereof is there found to be contra form ' Statut ' 8 H. 6. 9. and the said Justices thereupon grant a Writ of Restitution Whether any other Justice of Peace who was absent from the Sessions may lawfully grant a supersedeas in this Case or not and as it seemeth if the Sessions were a special Sessions for this purpose and the Justices to whom such complaint had been made had repaired to the Force to have a View thereof according to the intent of the Statute and afterwards they had inquired thereof and found it and thereupon had granted a Restitution no other Justice could have granted a supersedeas for no other Justice hath Authority by the said Statute 8 H. 6. 9. to grant Restitution but only he or they before whom the Complaint and Force had been found and the Writ shall be made under the Teste of one of them only except the Justices de Banco Regis who have Supream Authority the King himself sitting there as the Law intends Dyer 187. Lambert 157. By this it seemeth that where the Indictment is found on the said Statute at the Quarter Sessions that two Justices of the Peace who were not at the Sessions cannot grant a supersedeas but two of those who were at the Sessions may do it well enough as I Collect by the opinion here And I and another Justice of Peace granted a supersedeas of Restitution granted by other Justices of Peace who were at the same Sessions because the Indictment was Erronious and he that should have had Restitution demanded of his Counsel if we did well and he procured another Sessions and no more was done upon our supersedeas Dalt 209. cap. 80. 211. cap. 81. LXIII Crompt 165. a. b. Joynder Two are Indicted of a Forcible Entry and Deteyner and upon the Traverse it s found one entred and another deteyn'd with Force yet Restitution in this Case shall be Awarded as in Acc. sur Stat.
Servant or the Servant may depart from his Master before the end of the Term shall be made at the Quarter Sessions 5 Eliz. 4. § 8. N. 1. Licences CCXXV. Lamb. 601. The Licences for Badgers Drovers c are to be granted at the open Quarter Sessions 5 Eliz. 12. § 4. N. 1. Crumpt 124. Corn. CCXXVI Lamb. 601. And the Prohibition of transporting Corn is to be made by the major Part of the Justice of the Peace at their Quarter Sessions 13 Eliz. 13. § 1. N. 7. Husbandry CCXXVII Lamb. 601. The Offences against the new Statute of Tillage are to be inquired heard and determined at the Quarter or General Sessions 39 Eliz. 2. § 9. N. 1. Poor CCXXVIII 601. 602. If the Parish and Hundred be not able to relieve the Poor of the Parish therein then the Justices of Peace or the greater Number of them may at their General Quarter Sessions rate any other Parishes c. thereunto and they may there by Agreement with any Lord of Wast or Common set up Habitations there for the Poor and place Inmates in the same and they also may at such Sessions Assess the Parents or Children being of sufficient Ability to relieve their Poor and Impotent Children and Parents 39 Eliz. 3. § 1. N. 11. CCXXIX Lamb. 602. The Parties grieved by any Act done upon 43 Eliz. 2. § 6. N. 1. are to be relieved by the Justices of Peace at their General Quarter Sessions and the Father Grand-Father Mother Grand-Mother and Child of the Poor being of a sufficient Ability may there be Taxed towards the relief of the said Poor CCXXX Lamb. 602. The Justices of Peace or the major Part of them may at any Quarter Sessions give order for the Erection of Houses of Correction and for Stocks of Mony and all other things necessary for the same or for the Government thereof and they may Banish or Condemn to the Gallies such Rogues as shall appear to be dangerous 39 Eliz. 4. § 1. N. 2. and may Brand them in the Left Shoulder with a hot burning Iron with a Great Roman R. thereon 1 Jac. 7 § 5 N. 1. Drapery CCXXXI Lamb. 602. The deceitful Users of Logwood for Dying are to be Tryed and Judged to Fine and Pillory at the Quarter Sessions 39 Eliz. 11. § 2. N. 4. Corn. CCXXXII Lamb. 602. The Justices of the Peace or the major Part of them may by their discretions in their Open Quarter Sessions restrain the converting of Barly into Mault 39 Eliz. 16. § 1. N. 1. CCXXXIII Lamb. 603. Wayes They also in their Open Quarter Sessions may convict such as Carry not or pay not towards the amendment of the High-ways in the Weild of Kent Surry or Sussex as this Statute doth appoint 39 Eliz. 19. § 4 N. 4. and the presentment of such Defaults ought to be made by the Surveyors of High-ways at the next Quarter Sessions after such default CCXXXIV Lamb. 603. Licence may be given in the Quarter Sessions to shoot Hayle-shot in a hand Gun for Hawks meat only License the Party licenced becoming bound in Recognizance of xx l. to shoot but only according to this Statute 1 Jac. 27. § 7. N. 1. CCXXXV Lamb. 603. Drapery The Offences against the Statute of deceitful stretching and tentoring of Northern Cloths are inquirable and determinable before the Justices of the Peace at their Quarter Sessions and those Defaults are to be presented by the Overseers at the next Quarter Session after such default made 39 Eliz. 20. § 10. N. 1. CCXXXVI Lamb. 603. Poor The Assignment and Revocation of Pensions for dissabled Soldiers and Mariners must be made by the major Part of the Justices of Peace at the Quarter Sessions and they may there set Fine upon the Treasurer that shall willingly refuse to pay any of the same Pensions 43 Eliz. 3. § 3. 1. CCXXXVII Lamb. 603. Wine The Assignment of such as shall keep any Tavern to uttter Wine by 7 Ed. 6. 5. § 3. N. 6. ought to be made at the General Sessions but is otherwise used by Special Grant CCXXXVIII Lamb. 604. Apprentice A Beggers Child may at the General Sessions be bound to serve any Subject of this Realm being of honest Calling 14 Eliz. 5. § 22. N. 1. 18 Eliz. 3 § N. CCXXXIX Lamb. 604. Purveyours The Dockets of Purveyors ought to be delivered over to the Justices of the Peace at the next General Sessions 2 3. Ph. Mar. 6. § 6 N. 1. CCXL Lamb. 604 A Decree may be made at the Quarter Sessions Poor for the continuance of a Cottage that hath not four Acres of Ground and there may the Justices inquire hear and determine of Cottages and Inmates 31 Eliz. 7. § 4. N 1. CCXLI. Lamb. 604. The Conviction of a Clothier Drapery or other upon his own Confession or Proof by two lawful Witnesses for not paying so great Wages to their Shearers c. as shall be set down according to the true meaning of this Act may be before the Justices of Peace in their Quarter Sessions and the Forfeiture of ten Shillings by this Statute given to the Party grieved may be levied by distress and sale of the Offenders Goods by Warrant from the said Justices 1 Jac. 6. § N. CCXLII. Lamb. 604. 605. All Offences against any Statute Games for not using any lawful Game or using any unlawful Games or for not having Bows and Arrows according to the Law or for using any Art or Mystery in which the Party hath not been brought up according to the Statute thereof shall be Sued or otherwise inquired of heard and determined in the Quarter Sessions of the Peace or Assizes of the Shire where they shall be committed or in the Leet within the which they shall happen 31 Eliz. 5. § 7. N. 5. CCXLIII Lamb. 605. The Act of rebellious Assemblies Riot or the effect thereof ought to be openly read at every Quarter Sessions 1 Mar. 1. St. 2 cap. 12. § 16. N. 1. Crumpt 123. b. § 15. 124 b. CCXLIV Lamb. 605. Sheriffs The Justices of Peace have Power in their Open Sessions to inquire hear and determine the defaults of under-Sheriffs Clerks of Sheriffs or under-Sheriffs and of Bailies c. in not taking the Oaths appointed by the Statute 27 Eliz. 12. § 6. N. 1. Pope CCXLV Lamb. 605. The Abjuration of a Seditious Sectary ought to be made in the Open Quarter Sessions of the Peace and there to be entred of Record and the Place certain and Name of a Popish Recusant limited by this Statute unto a place ought to be certifyed by the Minister and Constable that took and entred it to the next Quarter Sessions of the Peace and there be entred of Record in the Rolls of the Sessions by the Clerk of the Peace 35 Eliz. 1. § 2. N. 1. Pope CCXLVI Lamb. 605. The Penalties forfeited by a