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
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
number of evil disposed persons did come and joyn themselves to the said small number whereby the same evil disposed persons took upon them such boldness that they would not be reduced to obedience without much blood shedding to the great danger of the Kings Majesties person where if the Kings loving Subjects durst have taken upon them to have suppressed them at the beginning such inconvenience of blood-shed should not have followed 1 Mar. 1. St 2. Cap. 12. § 7. N. 1. § 8. N. 2. Therefore it is also Ordained and Enacted by the Authority aforesaid Justices that if any persons above the number of two that at any time after the said twelfth day of February shall be unlawfully and of their own authority assembled together to the intent with force of Arms to do practice or put in ure any of the things above mentioned that then it shall be lawful to every Iustice of Peace and to every Sheriff in any County being within the Kings Dominions and to every Mayor Bailiff and other Head-Officer of any City or Town-Corporate for the time he shall be in Office or any other person or persons having the Kings Commission or Letters from his Highness or his Privy Council as well to raise and assemble the Kings loving Subjects in manner of War to be arrayed in such great number as he or they then shall think meet or able to the intent by Violence and Strength to suppress apprehend and take the said persons that so shall be unlawfully assembled 1 Mar. 1. St. 2. Cap. 12. § 7. N. 2. § 8. N. 3. And that if the said persons so unlawfully assembled Process after such Commandment or Request by Proclamation or otherwise made shall continue together and not endeavour themselves to return towards their Habitations Houses or Places from whence they came in such short time as they may conveniently that then it shall be lawful to every Iustice of Peace Sheriff and also to every Mayor Bailiff and other Head-Officer of any City or Town-Corporate and to every other Person having Authority as aforesaid after such Commandment or Request by Proclamation made and to such persons as shall be assembled with any Iustice of Peace or Sheriff or with any Mayor Bailiff or other Head-Officer of any City or Town Corporate and with every other person having Authority as is aforesaid to suppress apprehend and take those persons so unlawfully assembled which after such Request made shall continue together and not endeavour themselves to return towards their Habitations or Places from whence they came 1 Mar. 1. St. 2. Cap. 12. § 7. N. 3. Coron And that if the said persons so unlawfully assembled together or any of them shall fortune to be killed slain maimed or hurt § 8. N. 4. in or about the suppressing or taking of them that then every such Iustice of Peace Sheriff Mayor Bailiff and other Head-Officer and every other person having Authority as is aforesaid and all and singular persons by him or them assembled shall be free discharged and unpunishable as well against the King as against all and every other person and persons of for or concerning the killing slaying maiming and hurting of any person or persons so unlawfully assembled that shall fortune to be killed slain maimed or hurt about or by occasion of suppressing or taking of them 1 Mar. 1. St. 2. Cap. 12. § 7. N. 4. Copy-holder And furthermore be it Enacted by the Authority aforesaid § 9. N. 1. that all and every Copy-holder or Customary-Holder being Artificer Husband-man or Laborer and being of the age of eighteen years or more and under the age of forty years not sick impotent lame maimed ne having any other just or reasonable excuse or cause to the contrary and being required by the Sheriff Iustice or Iustices of the Peace or other having Authority by this Act or by Commission or Letters as is aforesaid in that behalf they declaring their said Authority or being required by the immediate Lord or Lords of whom such Copy-holds or Customary holds then shall be holden to serve the Kings Majesty for any the causes above rehearsed and refuse so to do shall only during the Life of such person or persons so refusing forfeit and lose to his or their Lord or Lords of whom such Copy or Customary-holds then shall be immediately holden and should be holden during the Life of such person or persons so refusing in Case he or they had not so refused all their Copy-holds and Customary-holds 1 Mar. 1. St. 2. Cap. 12. § 8. N. 1. Seisure And that it shall be lawful to every such Lord or Lords § 9. N. 2. their Heirs or Assigns of whom such Copy-holds or Customary-holds shall be immediately holden and should have béen holden in case such person or persons had not so refused by vertue of this present Act to enter and take into his or their Hands or Possession all such Copy-holds and Customary-holds so holden of them or any of them immediately and to retain the same during only the Life of every such Offender or Offenders in such manner and form as he or they should have had the Rents or Services of such Copy-hold or Customary-hold in Case such person or persons so refusing had not refused 1 Mar. 1. St. 2. Cap. 12. § 8. N. 2. â—orfeiture And that all and every Farmer being a Yeoman Husbandman § 9. N. 3. Artificer or Laborer and being of the age of eighteen years or more and under the age of forty years not sick impotent lame maimed ne having any other just or reasonable excuse or cause to the contrary and being required by the Sheriff Iustice or Iustices of the Peace or other having Authority by this Act or by Commission or Letters as is aforesaid in this behalf they declaring their said Authority or being required by their Land-Lord or Land-Lords for the time being to whom the Rents of such Farms shall be then rising coming or growing to serve the Kings Majesty for any the Causes above rehearsed and refuse so to do shall during only the Life of such Farmer or Farmers so refusing forfeit and lose to such Land-Lord and Land-Lords as should have had the Rents of such Farmers during the Life and Lives of such person or persons so refusing all their said Farms 1 Mar. 1. St. 2. Cap. 12. § 9. N. 1. Entrie And that it shall be lawful to every such Land-Lord and Land-Lords § 9. N. 4. their Heirs and Assigns to whom the Rents of such Farms should have been due during the Life of such person or persons so refusing in case such person or persons had not so refused by vertue of this present Act to enter and take into his or their Hands or Possession all such Farms and to retein the same during only the Life of every such Offender or Offenders 1 Mar. 1. St. 2. Cap. 12. § 9. N. 2.
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
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
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
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
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
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
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
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
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
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
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.
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
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
c. as for not repairing to Church according to the meaning of former Laws in such manner and form as the said Iustices of Assize and Goal-delivery do or may do by former Laws in Case of Recusancy for not repairing to Church Justices And also shall have Power at their Assizes and Goal-delivery § 7. N. 2. and at the Sessions in which any Indictment against any person either for not repairing to Church according to former Laws or not receiving the said Sacrament according to this Law shall be taken to make Proclamation by which it shall be commanded that the Body of every such Offender shall be rendred to the Sheriff of the same County or Bailiff or other Keeper of the Goal of the Liberty before the next Assizes and general Goal-delivery or before the next general or Quarter Sessions respectively to be holden for the said Shire Limit Division or Liberty Process And if at the next Assizes and general Goal-delivery or Sessions § 7. N. 3. the same Offender so proclaimed shall not make appearance of Record that then upon every such Default Recorded the same shall be as sufficient a Conviction in Law of the said Offence whereof the Party shall stand Indicted as aforesaid as if upon the same Indictment a Tryal by Verdict thereupon had Proceeded and been found against him or her and Recorded Certificate And that every Conviction recorded for any Offence before mentioned § 9. N. 1. shall from the Iustices before whom the Record of such Conviction shall be remaining be certified into the Kings Majesties Court of Exchequer before the end of the Term following such Conviction in such convenient certainty for the time and other Circumstances as the Court of Exchequer may thereupon award out Process for the Seisure of the Lands and Goods of every such Offender as the Cause shall require Ordinary Be it also Enacted c. that §. 13. N. 2. c. it shall be lawful to and for any Bishop in his Diocess or any two Iustices of Peace whereof one of them to be of the Quorum within the limits of their Iurisdiction out of the Sessions to require any person of the Age of Eighteen years or above being or which shall be convict or indicted of or for any Recusancy other than Noble-men or Noble-women for not repairing to Divine Service according to the Laws of this Realm Religion Or which shall not have received the said Sacrament twice within the year then next past Noble-men and Noble-women excepted § 13. N. 3. Oath Or any person passing in or through the County § 13. N. 4. Shire or Liberty and unknown except as is last before excepted that being examined by them upon Oath shall confess or not deny him or herself to be a Recusant or shall confess or not deny that he or she had not received the Sacrament twice within the year then last past to take the Oath hereafter following c. viz. of Allegiance Certificate Which said Bishop or two Iustices of the Peace § 13. N. 5. shall certify in Writing subscribed with his or their Hands at the next general or Quarter Sessions for that Shire Limit Division or Liberty within which the said Oath shall be so taken the Christian-name Sir-name and Place of abode of every person which shall so take the said Oath which Certificate shall be there recorded by the Clerk of the Peace or Town-Clerk and kept amongst the Records of the said Sessions Imprisonment And be it further Enacted that if any such person § 14. N. 1. c. other than Noble-men or Noble-women shall refuse to answer upon Oath to such Bishop or Iustices of the Peace examining him or her as aforesaid or to take the said Oath viz. of Allegiance so duely tendred unto him or her by such Bishop or two such Iustices of Peace out of Sessions that then the said Bishop or Iustices of Peace shall and may commit the same person to the common Goal there to remain without Bail or Mainprize until the next Assize or General or Quarter Sessions to be holden for the said Shire Division Limit or Liberty Oath Where the said Oath viz. of Allegiance shall be again in the said open Assizes or Sessions § 14. N. 2. required of such person by the said Iustices of Assize or Iustices of Peace then and there present or the greater number of them § 14. N. 3. And if the said person or persons or any other person whatsoever Forfeiture other than Noble-men or Noble-women of the Age of eigteen years or above shall refuse to take the said Oath viz. of Allegiance being tendred unto him or her by the Iustices of Assize and Goal-delivery in the open Assizes or the Iustices of Peace or the greater part of them in their said general or Quarter Sessions every person so refusing shall incur the Danger and Penalty of Premunire viz. â—6 Rich. 2. Cap. 5. § 2. N. 6 § 14. N. 4. Except Women Convert who upon refusal of the said Oath Women viz. of Allegiance shall be by the said Iustices of Assize in their open Assize or Iustices of Peace in their general or Quarter Sessions for the said Offence committed only to the Common Goal there to reman without Bail or Mainprize till they will take the said Oath § 24. N. 1. Provided nevertheless that the last mentioned Clause Pope c. viz. of Reconcilement to Rome shall not extend c. to any person or persons whatsoever which shall hereafter be reconciled to the Pope or See of Rome c. for and touching the point of so being reconciled only that shall return into this Realm and thereupon within six days next after such Return before the Bishop of the Diocess or two Iustices of the Peace joyntly or severally of the County where he shall arrive submit himself to his Majesty and his Laws and take the Oath c. viz. 1 Eliz. Cap. 1. § 19. N. 4. of Supremacy as also the Oath before set down c. viz. of Allegiance § 24. N. 2. Which said Oaths Oath Viz. of Supremacy and Allegiance the said Bishop and Iustices respectively shall have Power and Authority by this present Act to minister unto such persons as aforesaid § 24. N. 3. And the said Oaths so taken Certificate the said Bishop and Iustices before whom the said Oaths shall be so taken respectively shall certifie at the next general or Quarter Sessions of the Peace to be holden within the said Shire Limit Division or Liberty wherein such person as aforesaid shall submit himself and take the said Oaths as aforesaid upon Pain of every one neglecting to certifie the same as aforesaid the sum of forty pounds § 25. N. 1. And be it further Enacted that all Justices c. that shall offend contrary to this present Branch of this
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.
sometimes do falsely take upon them the names of other men of good ability of purpose to enable themselves to be accepted for Bail which persons being of small or no ability or worth are ready for Lucre and Gain to become bound by Recognizance as Sureties for such persons as shall procure themselves to be bound to the Peace or Good-behavior as aforesaid by means whereof the Iudge or Iudges of the said Courts not knowing them may be easily abused and Iustice deluded Coron Be it therefore Enacted by the Authority aforesaid § 5. N. 1. that the Iudge or Iudges of the Courts aforesaid respectively or either of them upon proof of any the misdemeanors aforesaid to be committed in the obtaining of the aforesaid Writs of Supersedeas or procuring such Sureties as aforesaid shall and may likewise punish the false and insufficient Sureties and Bailers aforesaid and the Procurors thereof according to their discretions so as such Punishment extend not to the loss of Life or Member Indictment And whereas divers Bills of Indictments of Riot § 6. N. 1. forcible Entry or of Assault and Battery being found before the Iustices of Peace at the Quarter Sessions of the Peace or otherwise are oftentimes removed from the Counties where such Indictments are found by Writs of Certiorari unto them directed out of the said Courts by or by the means of the persons so indicted who well know that few or no persons grieved by such their Outrages and Misdemeanors whereof they stand so indicted will undergo the travail or charge of Prosecution of such Indictment so removed by bringing the Parties so indicted to tryal by means whereof such Offenders for the most part escape unprosecuted or unpunished and the King loseth the Fines which ought and should have been imposed upon them if such Iudgements had been prosecuted and not removed § 7. N. 1. Be it therefore Enacted Certiorari that all such Writs shall from and after the end of this present Session of Parliament be delivered at some Quarter Sessions of the Peace in open Court § 7. N. 2. And that the Parties indicted Bail shall before the allowance of such Certioraries become bound unto such person or persons which shall prosecute such Bills of Indictment against them in the sum of ten pounds with such sufficient Sureties as the Iustices of Peace at their Quarter Session of the Peace shall think fit with Condition to pay unto the said Prosecutors of such Bills of Indictment within one Month after the Conviction of such Parties indicted such reasonable Costs and Damages as the said Iustices of Peace of such Counties where such Bills of Indictment shall be found in the said Sessions of the Peace shall assess or allow § 7. N. 3. And that in Default thereof Certiorari it shall be lawful for the said Iustices to proceed to Tryal of such Indictments any such Writs of Certiorari to remove the same Indictments notwithstanding C. 12. § 4. N. 1. And whereas notwithstanding the said Statute viz. 7 Jac. Cap. 5. § 1. N. of Justice of Peace pleading the General Issue Justices and giving special matter in Evidence the Plaintiff is at liberty to lay his Action which he shall bring against any Iustice of Peace or other Officer in any Foreign County at his choice which hath proved very inconvenient unto sundry c. that have been impleaded by some contentious and troublesome persons in Counties far remote from their place of Habitations § 5. N. 1. Be it therefore Enacted c. that if any Action Bill Information Plaint or Suit upon the Case Trespass Battery or false Imprisonment shall be brought c. against any Iustice of Peace Mayor or Bailiff of City or Town-Corporate Head-borough Portreeve Tythingman Constable Collector of Subsidy or Fifteens Church-wardens and persons called Sworn-men executing the Office of Church-warden or Overseer of the Poor and their Deputies or any of them or any other which in their Aid and Assistance or by their Commandment shall do any thing touching or concerning his or their Office c. for or concerning any Matter Cause or Thing by them or any of them done by vertue or reason of their or any of their Office c that the said Action c. shall be laid within the County where the Trespass or Fact shall be done and committed and not elsewhere Cap. 15. Be it Enacted c. that such Iudges Force Iustices or Iustice of Peace as by reason of any Act c. viz. 5 Rich. 2. Cap. 7. 15 Rich. 2. Cap. 2. 8 H. 6. Cap. 9. 31 Eliz. 11. c. now in force are authorized and enabled upon Inquiry to give Restitution of Possession unto Tenants of any Estate of Free-hold of their Lands or Tenements which shall be entred upon with Force or from them witholden by force shall by reason of this present Act have the like and the same Authority and Ability from henceforth upon Indictment of such forcible Entries or forcible witholdings before them duely found to give like Restitution of Possession unto Tenants for term of years Tenants by Copy of Court-Roll Gardians by Knights Service Tenants by Elegit Statute-Merchant and Staple of Lands or Tenements by them so holden which shall be entred upon by force or holden from them by force C. 18. § 4. N. 3. It shall be lawful for any two or more Iustices of the Peace within the County or within the City Drapery Borough or Town-Corporate where such deceivable Cloth viz. with Flocks Thrums Noyles and Hairs c. shall be made or suspected to be made upon Information or Complaint of any of the said Overseers c. Searchers or any other of their Knowledge or Suspition of any such Offence to grant their Warrant to call before them any person or persons whatsoever that shall be thought in their discretions fit to discover any such Offence Proof And to examin upon Oath such person § 4. N. 4. c. for the tryal and better finding out of the Offence aforesaid and if upon Examinations it shall be found by Testimony of two Witnesses or more or by the Confession of the Party or Parties offending that any such Offence c. have been committed as aforesaid then the Party c. that shall so confess his or their said Offence c. or who shall be found to have offended shall remain convicted of such his Offence c. Certificate And that then it shall and may be lawful for the said two Iustices § 4. N. 5. to certifie such Offence c. unto the Church-wardens and Overseers for the time being of the Poor of the Parish c. where such deceivable Cloth c. shall be made under the Hands and Seals of the said Iustices Process And be it further Enacted § 5. N. 1. c. that immediately from and after such Certificate
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
the said West Riding of the County of York consisting of all the Iustices of the Peace of the said West Riding for the time being two Masters ten Wardens twelve Assistants and Commonalty N. 6. And the said Wardens Masters and Assistants respectively Oath shall within Eight dayes after their first Choice and Election take the Oaths of Allegiance and Supremacy which any two Iustices of the Peace within the West Riding whereof one to be of the Quorum have hereby power to administer c. § 13. N. 2. And for want of such distress viz. in him that forfeits xx l. for Counterfeiting Forfeiture Seal c such person c. to be committed to the Common Goal of the County where he or they shall be found by Warrant under the Hand and Seal of any one of the Iustices of the Peace of the said County there to remain without Bail or Mainprise for the space of six months or until such person c. shall have paid the Fine c. Books And if any Iourneyman c. Printers or Founders of Letters for Printing C. 33. § 14. N. 4. shall refuse Imployment being offered to him or them by any Master Printer or Master Founder of Letters respectively or neglect it when he or they have undertaken it he or they so refusing or neglecting shall suffer Thrée months Imprisonment at the least without Bail or Mainprise upon Conviction of such his said refusal or neglect by Two Witnesses before any one or more Iustice or Iustices of the Peace who are hereby Impowered to hear and examine the said Offences and to commit the said Offender c. to the Common Goal of the County where he or they shall be apprehended License And if the said Books viz. found by Searchers c. so Imprinting § 15. N. 2. Binding or Stiching shall not be Licensed then to seize upon so much thereof as shall be found Imprinted together with the several Offenders and to bring them before one or more Iustices of the Peace who are hereby Authorized and required to Commit such Offenders to Prison there to remain until they shall be tryed and acquitted or convicted and punished for the said Offences Apprentice And for the second Offence viz. by Printers or Founders against this Act § 18. N. 2. they c. shall forever thence after be dissabled to use or exercise the Art or Mystery of Printing or of Founding Letters for Printing and shall also have and receive such further punishment by Fine Imprisonment or other Corporal punishment not extending to Life or Limb as by the Iustices of the Court of Kings-Bench or Iustices of Oyer and Terminer or Iustices of Assize in their several Limits or Iustices of the Peace in their several Quarter-Sessions shall be thought fit to be Inflicted Justices The which said Iustices of the Peace in their several Quarter Sessions N. 3. shall have full power and authority to hear and determine all and every Offence c. that shall be committed against this Act viz. of Printing c. or against any branch thereof upon Indictment or Information by any person c. to be taken before them in their Sessions of the Peace respectively and shall certifie into the Court of Exchequer as in other like Cases they are bound to do the Fines by them Imposed c. and shall and may also by vertue hereof Award Process and Execution for the taking or punishing such Offenders as in any other Case they lawfully may do by any the Laws and Statutes of this Realm Statuta 15 Car. 2. Wayes ANd c. the Iustices of Peace at the Sessions of the Peace to be holden next after Easter every year for the said respective Counties viz. Hertford 15 Car. 2. C. 1. Cambridge and Huntington from time to time shall and are hereby Impowered to nominate and appoint nine sufficient and able Persons residing Inhabiting within the said several and respective Counties to be Surveyers in the several Places in the said Highwayes for the year from thence next ensuing 16. 17. Car. 2. Cap. 10. § 4. N. 1. Forfeiture And be it further Enacted That if any § 8. N. 1. c. not having any lawful cause to be allowed as aforesaid shall neglect or refuse to take upon him or them the said Office of Surveyer being thereunto Nominated and Chosen according as by this Act is appointed or to do or perform his or their duty in the due and speedy Execution of this present Act the said Iustices of the Peace for the several and respective Counties where such Surveyer c. dwell at thier Quarter Sessions shall and may hereby have power to Impose c. such Fine c. not excéeding Ten pounds upon Each Person so refusing or neglecting as to them shall séem meet and to cause the same to be levied by Distress and Sale of his or their Goods c. Officer And in Case of refusal or if any c. so Chosen c. shall happen to dye § 9. N. 2. or shall for any lawful Impediment be discharged c. that then some other fit Person c. within that County shall be appointed by two or more Iustices in the said County living near the said Highway c. and the person c. so Chosen shall and are hereby upon notice thereof to him or them given under the Hands and Seals of the said Iustices by whom he or they shall be so Chosen to take upon him or them the said Office of Surveyer c. and under such and the like penalties as if he or they had been Chosen by the Iustices at their Sessions of the Peace in manner as aforesaid 16. 17. Car. 2. 10. § 4. N. 1. C. 2. § 2. N. 3. And viz. any Person c. by Warrant under the Hand and Seal of any one Iustice of the Peace directed to any Officer Woods such Officer shall have power to enter into and search the Houses Outhouses Yards Gardens or other places belonging to the Houses of all and every Person c. they shall suspect to have any kind of Wood under-Woods Poles or young Trées or Bark or Bark of any Trees or any Gates Stiles Posts Pales Rails or Hedgewood Broom or Furze § 3. N. 2. And if such Offender c. do not make recompence c. to the said owner Imprisonment c. and also pay the said Sum viz. set by the said Justice not exceeding x s. for Breaking Cutting or Stealing c. to the Poor c. then the said Iustice shall Commit the said Offender c. to the House of Correction for such time as the said Iustice shall think fit not excéeding one month or to be whipped by the Constable or other Officer as in his Iudgment shall séem expedient C. 11. § 7. N. 1. Be it Enacted That c. two able
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.
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
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.
si dict W. simul cum alliis predict I. G. R. C. M. P. Eliz. G. in eadem domo tunc ibidem inferebant ita quod de vitis tunc desperabatur ac si dict Willielmum simul cum aliis predictis ad tunc ibidem ex malicia tua precogitata eandem cum igne tunc ibidem Felonice comburebant predict I G. R C. M P. Eliz. G. in eadem domo existentes contra pacem c. Ac si W. R. de B. in com predict yeomam W. S. de S. in com predict generos ante feloniam predict ' per ipsum I. G. alium factum perpetratem predict W. S. predict XII die Octob. Anno supradict ' apud B. predict in com predict ' ad Feloniam predict ' sic in fronta predict ' faciendum appetrandum Felonice exitaverunt procuraverunt abettaverunt contra pacem c. Ac si predict W.R. W.S. scientes predictum W. S. simul cum aliis supradict felonium pred in firma pred sic fecisse perpetrasse eundem W. S. postea scilicet XIII die or to be Anno predict ' apud B. predim ' in com predict Felonice receperunt comfortaverunt hospitaverunt concelaverunt contra pacem dicti Dom. Regis c. XXIV West Sym. 2 part 145. § 285. An Indictment for Receiving Coron Aiding and Comforting of a Felon knowing him to have done a Felony Inquiratur pro Dom. Rege c. si R. S. sciens prefatum I. R. Felon pred in forma pred fecisse perpetrasse eundem IX die c. Anno c. in commitat pred Felonice recepit auxiliatus fuit comfortavit contra pacem ' c. Staff ss XXX West Sym. 2 part 147. § 299. An Indictment for Stealing of 4. Oxen and of the Accessaries before and after Joynder Inquiratur pro Dom. Rege c. si A. B. de F. in com N. pred Yeoman 4. die c. Anno Regni c. VI. bonis pretiis c. de bonis Catallis I. S. de W. in com pred invent Felonice fuerat cepit abducit Norff. ss Et si W. de B. de N. in com pred Yeoman 7. die c. Anno Regni c. apud N. in com pred fuerant consentientes abbettant pred A. B. ad Feloniam ' predict in forma predict faciend contra pacem c. Et si H. W. P. R. nuper de c. scientes predict ' A. B. Feloniam predict ' in forma pred fecisse apud T. predict ' alibi in com predict ' predict ' X die c. eundem A. B. Felonice receptaverunt contra pacem c. XXXI West Symp. 2. part 157. § 353. An Indictment for procuring Burglary c. Coron Juratores pro Dom. Rege super sacramentum suum presentant quod I. W. nuper de L. clericus alias dictus Middlesâ—x ss c. X die May Anno Regni c. apud parochiam de M. magna infra sanctuarum Ibidem in Warda de A. London maliciose Felonice abettavit procuravit P. W. de c. ad Felonice frangendum intrandum in domum W. prioris hospitalis sancti Johannis Jerusalem in Anglia apud St. James Clarkenwel in predict ' com M. infra predict hospitalem predict ' Prioris ibidem ibidem Felonice furatum capiend ' asportandum unum Cyphum Argenteum de auratum vocat a Goblet predict prioris ad valent c. unam olam argent perecel de aurat ejusdem prioris ad valentiam c. alia bona predicta prioris ibidem existent quam quidem abbettationis procurationis pretextu predict R. X die c. Anno supradict c. vi Armis c. Domum mansionem dicti prioris apud c intra hospitionem predict c cura horam secundam in Turrora ante meridiem ejusdem die Burglariter Felonice fregit predict cyphum de Argent de Aureat vocat a Goblet ad valentiam C S predictam ollam Argent percel de Aureat ad valent X li ac alia bona ejusdem priores viz. duo saliseria de Argent de Aureat ad valentiam X l S c. de bonis catallis dicti prioris ad tunc ibidem invent Felonice furat fuit cepit aspertavit contra pacem c. Action see Information Account Church-Wardens Collectors Surveyors Overseers Ways Poor Taxes Poor 1. BY 5 Eliz. 3. § 6. N. 1. the Gatherers or Collectors for the Poor shall make their just account quarterly to the Mayor or chief Officers of the said Cities Burroughs and Towns Corporate and in every Parish of the said County to the Parson Vicar or Curat and Church-Wardens of the Parish at which account such of the Parish as will may be present Officers II. 5 Eliz. 3. § 6. N. 3. and if the said Collectors or any of them do refuse to make their said account within eight days after request made to them for the same then the Bishop of the Diocess or the Ordinary of the place Chancellors or their Commissaries together with a Justice of Peace and the Church-Wardens of the said Parish or one of them shall have Authority by virtue of this Act upon complaint to them made to commit the said person or persons so refusing to Ward there to remain without Bail or Mainprise until he or they so refusing shall make their said accounts before such persons as the said Bishops Ordinary Chancellors or Commissaries and Justices of the Peace shall appoint and so make immediat payment of the Sums wherewith by determination of the said account they shall be charged Days III. 14. Eliz. 5. § 18. N. 1. the Collectors for the Poor shall make their just account half-yearly of their Collection and Gathering to two Justices of the Peace dwelling next to the abiding place not being within any City c. Contempt IV. Eliz. 5 § 18. N 4. and if any Collector for the Poor refuse or Neglect to make his account by the space of 14 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 immediat payment of all such sirplusage as he hath received Ordinary V. 14 Eliz 5. § 30. N 4. and that it shall be lawful to the Bishop of the Diocess for the time being where such Hospital viz. that hath no local visitor is or shall be or his Chancellor upon complaint or other intelligence of just cause to take account how the Rents Revenues and Profits of any such Hospital hath been bestowed and spent to call before him or them at the said Hospital to account all such persons as have had the Collection or
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
the Quorum License may prohibit and remove Common-Ale-selling and may also allow the same taking Bond with suretie by Recognizance for good rule to be kept in such Ale-houses c. by their discretion and they may also Commit and Imprison for three days those that keep Common-Ale-selling of their own heads against prohibition or without allowance thereof and may after take Recognizance of them with two Sureties that they shall keep none Dalt cap. 7. pag. 28. 373. c. Cromp. 198. b. 199. V. 2. Role 398. Anonym Mich. 21. Jac. in B. R. per Haughton Justice Indictment A man cannot be Indicted for keeping of an Ale-house without Licence for the Statute 5 and 6 Ed. 6. 25. § 4. N. 1. is that if any one hold an Ale-house without Licence that he shall be committed and by this the Justice of P. if they please to take notice of this may Imprison the party Palmer 388. 6. Dalt cap. 7 pag. 31. Lamb. 346. Seeing that the order of the Conditions of these Bonds is partly reserved to discretion Recognizance I will for the better bridling of these Nurseries of naughtiness leave with you that form of them which I have known practiced by that Honourable Justice the late Lord William Cobham Lord Warden of the five Ports Lord Chamberlain of the late Queen Elizabeths Houshold and one of her Privy-Council The Condition of this Recognizance is such whereas the within Bounden A. B. is admitted and allowed by the within named Lord Cobham and J. Lenison Knight two of the Queens Majesties Justices of the Peace within the County of Kent within Written to keep a common Ale-house or Tipling-house and to use common selling of Ale or Beer only within the now house of him the said A. B. and not elsewhere scituate in the High-street of the Town of M. within Written and called the Sign of the Hart. If therefore he the said A. B. during such time as he shall keep such Common Ale-house there shall not suffer any unlawful Play at the Tables Dice Cards Tennis Bowls Cloysh Coits Loggets or other unlawful Games to be used in his said House or in his Garden Orchard or other his Ground or Place nor dress or cause or suffer to be dressed any Flesh to be eaten upon any day forbidden by the Laws and Statutes of this Realm of England nor wittingly and willingly admit or receive into his said House or any part thereof any person notoriously defamed of or for Incontinence or Drunkeness or that shall be before hand notified to him the said A. B. by the Constable or Borsholder of M. aforesaid for the time being or by the Deputy or either of them to be an unmeet person to be received into a common Ale-house nor Keep or Lodge there any strange person above the space of one Day and one Night together without notice thereof first given to the Constable or Borsholder or the Deputy the one of them there and finally if the said A. B. during all the time that he shall keep common selling of Ale or Beer in the said house shall and will there use and maintain Good Order and Rule then this present Recognisance to be void or else to stand in full force power and vertue c. Dalt 373. Gâ—mes VII Dalt cap. 123. pag. 374. In the condition not to suffer Play c. adds especially by mens Servants Apprentices Common Labourers or Idle persons c. nor shall keep or Lodge there any strange person above the space of one day and one night together without notice thereof first given to the Constable or his Deputy there Recogn VIII Dalt cap. 123. pag. 376. Memorandum quod die Anno Regni Dom. Caroli c. Coram T. P. H. D. Armig. Justiciar dicti Dom. Regis ad pacem in Commitatu predict conservand assignat c. A. B. de c. C. D. de c. manuceperunt pro W. S. de c. Victualler viz. uterque manucaptores predict sub pena Quinque libar predict W. S. assumpsit pro se sub pena X. li. quas concesserunt se debere dicto Dom. Regi c. sub conditione sequenti Recogn The condition of this Recognisance is such that whereas the above or within Bounden W. S. is admited and allowed by the said Justices to keep a common Ale-house and Victualling-house until the first of April or for the space of one whole year next ensuing the date hereof and no longer in the house where he now dwelleth at in the said County of and not elsewhere in the said County If therefore the said shall not during the time aforesaid permit or suffer or have any Playing at Dice Cards Tables Coits Loggets Bowls or any other unlawful Game or Games in his House Yard Garden or Backside 2. Nor shall fuffer to be or remain in his House any person or persons not being his ordinary Houshold Servants upon any Sabbath day or Holy day during the time of Divine Service or Sermon 3. Nor shall suffer any person to Lodge or stay in his house above one Day and one Night but such whose true Name and Surname he shall deliver to some one of the Constables or in his absence to some of the Officers of the same Parish the next day following unless they be such person or persons as he or she very well knoweth and will answer for his or their forth-coming 4. Nor suffer any person to remain in his or her house Tippling or Drinking contrary to the Law 5. Nor yet to be there Tippling or Drinking after Nine of the Clock in the Night-time 6. Nor buy or take to Pawn any stollen Goods 7. Nor willingly harbour in his said House or in his Barns Stables or other where any Rogues Vagabonds Sturdy-Beggars Masterless-Men or other notorious offendors whatsoever 8. Nor suffer any person or persons to sell or utter any Beer or Ale or other Victual by Deputation or by colour of his or her Licence 9. And also if he shall keep the true Assize and Measure in his Pots Bread and otherwise in his uttering of his Ale Beer and Bread 10. And the same Beer and Ale to sell by sealed Measure and according to the Assize and not otherwise 11. And shall not utter or sell any Strong Beer or Strong Ale above a penny the Quart and Small Beer or small Ale above a half penny the Quart and so after the same Rates 12. and also shall not utter nor willingly suffer to be Vttered Drunke taken or tippled any Tobacco within his said house shop cellar or other place thereunto belonging that then c. IX Lamb. 3. cap. 2. pag. 351. In some Shires the Justices of the Peace do condescend upon certain Articles framed by their discretions Justice and generally to be propounded to all common Ale-sellers taking the Bond for the performance of the same Articles a Copy whereof they do usually deliver to every
Attachments made from one Justice of the Peace against Labourers and Servants that shall refuse to serve or that shall depart out of their Service c. contrary to the Statutes viz. before any Indictment to be before the Justices at their Sessions to answer to their defaults but these are warranted by 25 Ed. 3. 6. § N. which is now repealed by 5 Eliz. 4. § N. and by Lamb. 2. cap. 7. pag. 187. The like cannot be done unless Stat. specially require it LXXV Kilborns Preced 202. A discharge of a Servant within the time Process FOrasmuch as it appeareth unto me Kent ss that A. B. was reteined by C. D. to serve him for a term not yet expired and the said A. B. without consent of him the said C. D. hath for the space of c. now last past absented himself from the said Service and is gone into some place unto the said C. D. unknown Therefore upon the consideration of the premisses and of the Equity thereof on the part of the said C. D. I allow the cause and matter aforesaid to be reasonable and sufficient to discharge the said C. D. from any further keeping the said A. B. in his said Service and do accordingly discharge the said A. B. from his Service aforesaid Given under my Hand and Seal at T. the _____ day of c. LXXVI Kilborns Preced 203. A Warrant for the paying Wages Fees To the Constable c. of the Hundred of A. in the said County and to every of them THese are in his Majesties Name to command you that you Kent ss some or one of you do cause A. B. to come before me or some other of his Majesties Justices of Peace of the County aforesaid to answer unto such matters as shall be objected against him by C. D. touching his detention of xx s. due unto C. D. as he saith for Wages and further to do and receive as to Justice doth appertain unless the said A. B. shall forthwith pay unto the said C. D. the Wages aforesaid or do otherwise give satisfaction unto him for the same And you are hereby also further required to give unto the said C. D. convenient notice of the time places when and whither and before whom you shall cause the said A. B. to come in Execution hereof to the end that he may be also then and there present to make appear his due to the Wages aforesaid Hereof fail not c. LXXVII West Symb. 2. part 96. sect 74. Trades An Indictment for using the Art of a Mercer against 5 Eliz. 4. Infra 89. Juratores pro Domino Rege super sacramentum suum presentant Essex quod A. B. de C. in Com' E. Mercer 20 die mensis Maii Anno regni dicti Domini nostri c. multis aliis diebus continuè post dictum diem per spacium duorum mensium ex tunc proxime sequent ' viz. usque 30 diem Julii anno supradict ' apud C. predict ' in Com' E. predict ' quandam Artem sive Mysterium Anglice dict' Mercery illicite pro lucro suo proprio usitavit exercuit tunc ibidem vendendo Merces Anglice vocat ' Mercery-wares diversis dicti Domini Regis ligeis subditis ubi revera idem A. B. nunquam fuit in dicta Arte sive Mysterio educatus tanquam Apprenticius per spacium septem annorum nec idem A. B. eandem Artem sive Mysterium predict ' 12 die Januarii Anno regni Dominae Elizab. nuper Angl. Reginae quinto usitavit aut exercuerit in magnum dicti Domini Regis nunc contempt ' contra form ' cujusd ' Statuti in Parliament ' dict' Dominae Eliz. nuper Reginae Angliae tent ' apud Westm Anno regni sui quinto in hoc casu provisi ac editi ut supradict Lamb. Preced 19. b. pl. 53. LXXVIII Kilb. Preced 2 Edit 26. A Warrant against a Master for abusing his Apprentice 5 Eliz. 4. Process To the Constable c. of H. c FOrasmuch as Complaint hath been made unto me by A. B. an Apprentice against C. D. his Master both of the Parish aforesaid Kent ss that he the said C. D. doth not allow unto his said Servant competent Meat Drink and Apparel and doth immoderately correct him without any cause at all or turneth him out of his House and will not suffer him to return c. These are therefore in his Majesties Name to command you that some or one of you do cause both the said Parties to come before me at H. on Monday the 10. of this instant June at four of the Clock in the Afternoon to the end that I may examine the same matter Hereof fail not c. Given under my Hand and Seal this 10. day of June c. Peace LXXIX Kilb. Preced 2 Edit 26. b. 27. a. A Warrant against a disorderly Apprentice supra 70. To the Constable c. Kent ss FOrasmuch as Complaint hath been made unto me by A. B. Joyner against C. D. his Apprentice both of your Parish of H. in this County that the said C. D. is a stubborn and disobedient Servant and doth very much misbehave himself towards his said Master or that the said C. D. is departed from his said Master c. These are therefore in his Majesties Name to command you that some or one of you do cause the said Parties to come before me at H. on Monday the 10. day of thit instant June at four of the Clock in the Afternoon to the end that I may examine the same matter Hereof fail not c. Given under my Hand and Seal this 10. day of c. Justices LXXX Kilb. Preced 2 Edit 27. A discharge of an Apprentice To the Constable c. Kent ss WE R.K. H.D. E.F. G.H. four of his Majesties Justices of the Peace c. for the County of K. aforesaid Whereas Complaint having been made unto us by A. B. an Apprentice against C. D. his Master both of your Parish of H. within this County that the said C. D. his Master hath not allowed to his said Servant competent Diet and Apparel befitting such Apprentice and hath sometimes corrected him without any just cause at all and when he had cause corrected him above measure and we having ordered the said Parties to appear before us having examined the Complaint find it to be true and therefore we do think fit to discharge the said Apprentice of his Apprenticeship and therefore do by these presents under our Hands and Seals pronounce and declare that we have for the causes aforesaid discharged the said A. B. the Apprentice of his Apprenticehood the 8. day of July Anno Dom. 1679. Given under our Hands and Seals c. Treason LXXXI West Symb. 2. part 118. sect 153. An Indictment of Petty Treason against a Servant Midd. ss Juratores pro Domino Rege super sacramentum suum presentant
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
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
our Order as doth concern the said I. B. and is on his part by this our Order to be done and performed In witness whereof we have put to our Hands the 15. day of March 1635. XLIV 2 Inst 733. on 7 Jac. 4. § 7. N. 2. Women If she will discharge the Parish of the keeping of the Bastard she cannot be punished by this Statute but by 18 Eliz. 3. § 2. N. 2. infra 47. supra 20. XLV 2 Bulstr. 323. 341. pl. 237. Sessions on a Hab. Corp. retorn from Oxon. Littleton moved for discharge of Hamond who for a Bastard-child gave Bond to the two next Justices till the Sessions to appear c. which he did and the Sessions made a new Order and for non-performance of this last Order committed him which per Curiam is illegal and he was discharged on 18 Eliz. 3. § 2. N. 4. XLVI 2 Bulstr 324. 342. pl. 238. in Smiths Ca. Mich. 6 Car. 1. Justices in B. R. per Curiam the next Sessions on appeal must make a final Order 2. Note that upon reading of the Statute 18 Eliz. 3 § N. and conference had among the Judges they all agreed in this that after an appeal to the Sessions and the Justices there do repeal the first Order the matter then is as res integra before them and they may then grant a Re-reference of the matter to the two next Justices 1 Cr. 470. 3. Note per Curiam that upon 18 Eliz. 3. § 2. N. 5. the Recognizance taken ought to be in the disjunctive viz. to perform the Order made by the two nevt Justices or to appear at the next Quarter-Sessions and to abide the Order there 4. Note also per Curiam on 18 Eliz. 3. § 2. N. 2. that one Justice of Peace by his Warrant may commit 5. Note upon 18 Eliz. 3. § 2. N. 5. It was moved that after the two next Justices have made an Order under their Hands whether one of them may afterwards disavow this or not and if he so do what is then to be done as here one did but no opinion as to this Women XLVII 2 Bulstr. 330 331. 348 349. pl. 244. by Jones Justice of Assize at Salop 1631. March 7 Car. 1. she that hath a second Bastard shall not be punished upon 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 but she might have been punish'd for her first offence either by 18 Eliz. 3. § 2. N. 2. or by 7 Jac. 4. § 7. N. 2. Supra 44. Poor XLVIII 2 Bulstr 328. 346. pl. 242. in Gerrards Ca. it was said by Whitlock and Crook Justices on reference Mich. 7 Car. 1. that if the poor Child to be relieved be a Bastard-child this is clearly out of the Statute of 43 Eliz. 2. § N. Quaere contra 2 Bulstr 331. pl. 345. Indictment XLIX West Symb. 2 part 153. sect 323 An Indictment for keeping a Bawdy-house Pract. Preccd 186. Midd. ss Juratores pro Domino Rege super sacramentum suum presentant quod N. W. de A. in Com' predict ' Taylor E uxor ejus c. sunt communes Lupinar ' diversis diebus vicibus ante diem hujus Inquisitionis in domibus suis scituat ' c. manutenuerunt hospitium Lupinar ' necnon diversas personas suspect ' ibid ' ludentes ad luda illicita viz. Tables Cards c. tam in die quam in nocte post horas debitas ei legitim ' ad gravamen Inhabitantium ibidem ac malum exemplum omnium aliorum ligeorum Domini Regis c. L. Kilb. Preced 2 Edit 37 An Order for relief of the Parish touching a Bastard-child c. Pract. Preced 237 on 18 Eliz. 3. Kent ss THe Order of us W. B. and R. K. Esqs two of his Majesties Justices of the Peace of the said County whereof W. B. is of the Quorum and both residing within the limits where the Parish-Church of H. in the County aforesaid is the 19 Apr. An. 1672. according to the form of the Statute in that case made and provided touching the Male Bastard-child late born in the Parish of H. aforesaid of the Body of A. G. of the same Parish single woman the keeping of which said Bastard-child hath ever since the Birth thereof been and still is chargable to the Parish aforesaid and so likely to continue chargable First upon our Examination of the cause and circumstance and due consideration thereof by us had we do adjudge W. S. late of H. aforesaid Taylor the reputed Father of the said Bastard-child And for punishment of the said Mother and reputed Father and the better relief of the said Parish we do hereby order as followeth We do order that the said Mother shall by the Constable c. of the Hundred of Great B. in the said County or by some or one of them upon the 10. day of c. between the hours of nine and twelve in the Forenoon in the Common-Highway at or near c. in the Parish aforesaid be stripped naked from the middle upwards and then and there shall be tyed to the Tail of a Cart or Dung-Court and being so stript and tyed shall be there openly whipped until her Body be bloudy We do also order that the said reputed Father shall by the Constable c. of the Hundred aforesaid or some or one of them upon the 10. day c. between the hours of c. in the Forenoon in the Common-Highway in the Parish aforesaid over against the dwelling-house of I. S. there be stripped naked from the middle upwards and shall then and there be tyed to the Tail of a Cart or Dung-Court and being so stripped and tyed shall be from thence drawn to the Watch-house aforesaid and on the way well whipped in such manner as in such cases is accustomed We do further order that the said Mother shall within three days next after notice of this our Order render her Body to the said Constable c. or to some or one of them ready to undergo her punishment before ordered We do likewise further order that the said reputed Father shall within six days next after notice given unto him of this our Order pay or cause to be paid to the Overseers of the Poor of the Parish aforesaid or to some or one of them 20 s. of lawful money of England towards the monies by them disbursed before the said notice given for or towards the charges of the keeping of the said Bastard-child from the time of the Birth thereof until the time of the giving of the said notice And that upon every Friday which shall be next after the end of the said six days until the said Bastard-child shall attain unto his Age of ten years the said reputed Father shall likewise pay unto the Overseers of the Poor of the said Parish for the time being
' non haberet sive non haberent aliquas Aures ita quod illius modi Poenam subiret ut prefertur quod tunc ipse vel ipsi signarentur in Bucca Anglicè Cheek Ferro candenti Angl ' a hot Iron habent Hanc literam F. per quam ipse vel ipsi cognosci haberi possint pugnar ' affectores pugnatores ultra hoc quilibet talis persona foret staret ipso facto excommunicat ' prout in statut ' plenius Continetur Quidam tamen G. B. nuper de S. c. 2 Die Junii c. vi Armis viz. c. cum quodam Pugione in quendam T.C. in pace Dei Dict' Domini Regis existent ' apud C. in Com' E. predict ' in Coemiterio Ecclesiee Parochialis de C. predict ' Insultum fecit ipsum T. super Caput suum ad tunc ibidem malitiosè percussit alia Enormia ei intulit ad grave Damnum ipsius T. contrà Pacem dicti Domini Regis nunc c. ac Contra form ' Statut ' predict ' c. Cinque-Ports Peace I. Dalt 163. cap. 68. If a man hath cause to have Surety of the Peace against one dwelling in the Cinque-Ports he must have a Writ out of the Chancery directed to the Constable of Dover and to the Warden of the Cinque-Ports the form thereof see F.N.B. 80. Circumstances see Proof c Examination Citation see Ordinary Claim see Market Overt Clergy see Coron Clerk of the Market see Market Overt Clerk of the Peace see Peace Cloth see Draperp Cod see Fish Coertion see Process Duress Coffee-houses see Ale Collectors see Account Taxes Collusion Fraud Covin Cheats Cozening Deceits Counterfeits Forgery Forgery I. 33 H. 8. 1. § 3. N. 1. Two Justices of Peace in every County whereof one to be of the Quorum shall have power to call and convent by Process or otherwise to the said Assizes or general Sessions any suspected of gaining money by false Tokens or counterfeit Letters c. and to commit him or them to ward or let him or them to Bail till the next Assizes or general Sessions there to be examined and further to be ordered by their discretions Dalt 47. cap. 17. Good behav II. Dalt 47 48. cap. 7. Also it seemeth that any one Justice of Peace may bind such offender as Cheaters to their Good behaviour and so to the next Assizes or Sessions of the Peace or else may send such offenders as idle and disorderly persons to the House of Correction there to be continued until the next Assizes or Sessions and then and there to be forthcoming yet Quoere of sending them to the House of Correction Commission see Justices Commitment see Imprisonment Common-Prayer see Religion Common I. 32 H. 8. 13. § 6. N. 1. Shall be driven at the Feast of St. Michael Days or within 15 days next II. Lamb. 475 476. Enquiry in Sessions Forest if any have put to feed in any Forest Chace Moor Marsh Heath Common or Waste ground within this Shire where any Mares are used to be kept any Stoned Horse being above two years old and not being fourteen handfuls high between the lowest part of the Hoof and the top of the Wither if any such Forest or Grounds have not been yearly driven within 15 days after Michaelmas by the Owners or Officers thereto appointed 32 H. 8. 13. III. West Symb. 2 part 112 b. sect 132. Indictment An Indictment for Inclosing of a Common c. Crompt 260. pl. 92. Juratores pro Domino Rege super sacramentum suum presentant Essex ss quod est à tempore quo memoria hominum non existit fuit esse consuevit apud Villam de A. in Com' E. predict ' quaedam antiqua Communia vocat ' M. eidem Villae adjacens ac per spacium unius milliarii ab eadem Villa extendens pro omnibus hominibus tenent ' infra Villam predict ' moram trahentibus cum bobus afris porcis bidentibus aliis averiis suis per totum annum infra Commumniam predict ' depascend ' quodque omnes illi infra Villam predict ' moram trahentes à tempore quo memoria hominum non existit infra Villam predict ' Communiam pro Averiis suis predict ' ibidem habuere debuerunt consueverunt quousque R. C. cum aliis ignotis de Communia sua ei associatis vi armis scil gladiis c. 10 die c. Anno regni c. apud A. in parochia de A. predict ' de Communia predict ' injuria sua propria absque titulo clameo seu possessione per ipsos habitis mille acras ibidem cum sepibus fossatis sibi inclusit obstupavit illas sic inclusas obstupat ' ut separale solum suum à predicto die c. usque c. tenuit occupavit in prejudicium damnum nocument ' impediment ' omnium hominum tenentium predictorum infra Commumniam predict ' Communiam habentium necnon contra consuet ' predict ' contra pacem dicti Domini Regis c. Concealment see Omission Condition see Recognizance Confession see Proof Congregation see Riot Conies see Forest Cattel Coyn see Money Conjuration Witchcraft Prophesies Egyptians I. LAmb. 4. cap. 4. pag. 410 411. Enquiry in Sessions Slander if any person have within these six months advisedly advanced published and set forth by writing Printing open speech or deed to any other person any fantastical or false Prophesie upon Arms Fields Beasts or Badges or upon any Time Name Bloudshed or War to make thereby Rebellion dissention loss of life or other disturbance within the Kings Dominions 5 Eliz. 15. § N. Crompt 52. a b. II. Lamb. 410. Enquiry in Sessions Coron if any person have used Invocation or Conjuration of any evil Spirit for any cause or consulted with fed or rewarded any evil Spirit for any intent 2. Or have taken up the dead body of any Man Woman or Child or any part of any dead person to be used in any manner of Witchcraft Sorcery Charm or Inchantment 3. Or have used Witchcraft Inchantment Charm or Sorcery whereby any person hath been killed destroyed wasted consumed pined or lamed in his Body or part thereof 4. If any have undertaken by Witchcraft Inchantment Charm or Sorcery to tell in what place any Treasure of Gold or Silver might be found or where Goods lost or stoln should be become or to the intent to provoke any person to unlawful Love or to destroy or impair any persons Goods or to hurt any person in Body although the same were not effected 1 Jac. 12. § 3. N. 1. Crompt 52 b. Hales Pleas of the Crown tit Witchcraft Clergy III. Lamb. 556. Conjurers or Witches their aiders or counsellors shall neither have Sanctuary nor Clergy 1 Jac. 12. § 4. N. 2. Proof
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
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
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
Indictment and thereupon is Committed for threee months c. according to the said Statute and after he is in the Goal the Under-Sheriff carryeth him to the house of the High-Sheriff 20 miles from the Goal and there the Sheriff kept him in Prison It seemeth to some to be an Escape for the Goal is the Kings Prison and thither he shall be Awarded for causes touching the King tamen Quaere for Marrow sect 7. held that he may make his Goal where he pleaseth see Plats Case Com. 36. Dalt 340. cap. 118. XI Lambert 442. Enquiry if any person have sold or bought to sell again any Deer Hare Patridge or Feasant not brought up in House 1 Jac. 27. § 4. XII Lambert 442. Inquiry on 3 Jac. 13. § 2. N. 1. If any person have in the night time or by day unlawfully broke or entred into any Park Impaled or other several grounds Inclosed used for the keeping of Deer or Coneys and unlawfully have hunted driven or chased out or taken killed or slain any Deer or Coneys there against the will of the Owners Occupiers or Possessors of the same not having Lawfull Authority so to do XIII Dalt 75. cap. 29. Upon Information given to any Justice of Peace of the County where any unlawfull hunting of Deer or Coneys by night with painted Faces or other disguising in any Forest Park or Warren shall be had of any person suspected thereof that the Justice may make a Warrant to the Sheriff Constable Bayliff or other Officer to take the party and to bring him before him or before any other Justice of Peace of the same County who may examine him of that hunting and of the doers thereof and if he conceal that hunting or any offender with him therein then the same concealment shall be Felony in such Concealer Quaere if they kill nothing But if he then confess the truth of all that he shall be examined of and knoweth in that behalf then his offence of hunting shall be but Trespass and Finable the Fine to be assessed at the next General Sessions of the Peace by the Justices there 1 H. 7. 7. § N. XIV Dalt 75. cap. 29. And to disobey such a Warrant or to make Rescous thereupon so that the Execution of the same Warrant thereby be not had it is Felony 1 H. 7. 7. § N. XV. Dalt 75 76. cap. 29. The Justice of Peace that shall take the Examination of the Offender for unlawfull hunting in Parks c. may after such Examination bind the Offender to his Good-behaviour as it seemeth to the end he may be forth coming till the offence and residue of the offenders be fully examined otherwise if it shall after appear that the offender hath concealed any thing whereby the offence becometh Felony then the offender perhaps will not be found 1 H. 7. 7. § N. XVI Dalt 76. cap. 29. There be divers other Statutes made against Hunting c. which be very penal but not to be dealt withal by the Justices of Peace except at their General Sessions XVII Lambert Precedents 11 pl. 30. An Indictment for Hunting by night in a Park and for concealing the same 5 Eliz. 21 § 3. N. 1. West Symb. 2. part 110. e. § 126. Kanc. ss Juratores pro Domino Rege supra sacramentum suum presentant quod secundo die Augusti Anno Regni c. inter horas 10 11 in nocte ejusdem diei A. B. de C. in dicto Com' Generosus D. E. G. de F. in dicto Com' Husbandman aggregatis sibi nonnullis aliis malefactoribus ignotis ad numerum sex personarum vi armis viz. perlongis Baculis Arcubalistis Sagittis clausum parcum dicti Domini Regis nostri apud O. in dicto Comitat fregerunt intraverunt unum par Damarum dicti Domini Regis Anglice vocat ' a Braâ—e of Buâ—ks in dicto parco adtunc ibidem depascent invent ' illegitime venati sunt ac cum duabus Sagittis ex dictis Arcubalistis emissis Sagittatis adtunc ibidem occiderunt asportaverunt contra pacem dicti Domini Regis ac quod postea die sequente viz. tertio die dicti mensis Augusti Anno supradicto T. S. tunc Parcarius dicti Domini Regis dicti sui Parci de O. predict ' in Com' predict'Informavit ' apud C. predictum T. W. unum Justiciariorum pacis dicti Domini Regis in Com' predict ' de illicita venatione predict ' modo forma predictis facta Qui quidem Justiciarius superinde Warrantum suum in scriptis postea viz. dicto tertio die August Anno supradicto direxit cuidem K. M. uni Constabulariorum Hundredi de S. in Com' predict ' in quo quidem Hundredo Sitae sunt predictae villae de C. F. eo tenore ut idem Constabularius arrestaret prenominatos A. B. D. E. G. H. ac eosdem coram eodem Justiciario duceret haberet ad eos de dicta illicita venatione examinand ' quod dicti A B. de G. H. postea scil dicto tertio die August Anno supradicto coram dicto Justiciario apud C. predict ' in Com' predict ' per Constabularium predict ' virtute dicti Warranti adducti ac per eundem Justiciarium per suam discretionem de dicta illicita venatione de factoribus in ea parte examinati existentes predict ' tamen venationem voluntarie felonice concealverunt eorum quilibet voluntarie felonice concelavit contra pacem dicti Domini Regis Coronam Dignitatem suas necnon contra form ' cujusdam Statuti in Parliament ' Domini Henrici 7. tent ' Anno Regni sui primo in hujusmodi Casu provisi ac Editi 1 H. 7. 7. § 1. N. 3. XVIII Lamberts Precedents 19. pl. 52. An Indictment for Hunting Coneys on 13 Rich. 2. 13. § 1. N. 2. West Symb. 2. part 111. b. sect 129. Kanc. ss Juratores pro Domino Rege super sacramentum presentant quod A.B. de C. in dicto Com' Laborer Homo laicus existens a Festo Sancti Bartholomei Apostoli Anno Regni c. continuand ' usque in hunc presentem diem scil 11. die Sept. c. Anno c. apud C. predict ' in Com' predict ' habuit custodivit unum Canem Grecum Anglice vocat ' a Greyhound ad venand ' Chaceand ' Lepores Cuniculos quod idem A. B. 28 die mensis August Anno supradict ' unum Cuniculum valoris 4 d. in quodam clauso J. S. de C. predict ' in dicto Comitatu Generosi vocat ' the Cony gorth infra Parochiam de C. predict ' in dicto Com' existent ' cum dicto Cane venatus est occidit ubi idem A. B. nunquam habuit terras aut tenementa ad clarum Annuum valorem xl s. in dicti Domini Regis contempt ' ac contra form ' cujusdam Statut ' in Parliament '
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.
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
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
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
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
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
and Skill in his Majesties Ecclesiastical Laws of this Realm now in Force So help you God XVI Kilb. Presidents 2 Edit 239. 24. Constable The Oath of an High-Constable You shall swear That you shall well and truely serve our Soveraign Lord the King in the Office of High Constable of the Hundred of A. 2. You shall see and cause his Majesties Peace to be well and truely 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 made to apprehend all Felons Barretors Rioters or Persons Riotously assembled and if any such Offenders shall make Resistance with Force you shall levy Hue and Cry and shall persue them until they be taken 5. You shall do your best endeavor that the Watch in and about your Hundred be duely kept for the Apprehending of Rogues Vagabonds Night-walkers Eves-droppers Scouts and other suspected Persons and of such as go Armed and the like 6. And that Hue and Cry be duely raised and persued according to the Statute of Winchester 13 Ed. 1. St. 2. Cap. 1. c. against Murtherers Thieves and other Felons 7. And that the Statutes made for punishment of Rogues and Vagabonds and such other idle Persons as come within your Bounds and Limits be duely put in Execution 8. You shall have a watchful Eye to such Persons as shall maintain or keep any Common house or place where any unlawful Games is or shall be used as also to such as shall frequent or use such places or shall use or Exercise any unlawful Games there or elsewhere contrary to the Statutes 9. At your Assizes Sessions of the Peace or Leet you shall present all and every the Offences done contrary to the Statutes made 1 Jac. 4 Jac. 21 Jac. c. to restrain the Inordinate haunting and Tipling in Inns Ale-houses and other Victualling-houses and for repressing of Drunkenness 10. You shall there likewise true Presentment make of all Blood-sheddings Affrayes Outcries Rescues and other Offences committed or done against the Kings Peace within your Limits 11. You shall once every year during your Office present at the Quarter-Sessions all Popish Recusants within your Liberty and their Children above Nine years old and their Servants scil their Monthly absence from Church 3 Jac. 4. § N. 12. You shall well and truely Execute all Precepts and Warrants to you directed from the Justice of the Peace of this County or higher Officers 13. You shall be aiding to your Neighbours against unlawful purveyances 14. In the time of Hay or Corn Harvest upon request you shall cause all Persons to meet to serve by the day for the Mowing Reaping or getting in of Corn or Hay 15. You shall in Easter Week cause your Parishioners to chuse Surveyors for the mending of the High-wayes in your Parish or Liberty 16. And you shall well and truely according to your knowledge power and ability do and Execute all other things belonging to the Office of Constable so long as you continue in the said Office So help you God Oats see Corn. Obedience see Oath and Pope Obligation see Recognizance Bail Office of the Justice see Justices Officer I. LAmb. 424. Enquiry at Sessions if any Ordinary Arch-deacon Official Sheriff Escheator Coroner Under-Sheriff Bayliff Goaler or other Officer have by colour of his Office or for doing his Office taken a greater or more excessive Reward or Fee then belongeth to him or have taken any Fee or Reward for Expedition in doing his Office or have unlawfully exacted any Oath or other undue thing II. Lamb. 431. Enquiry in Sessions if any Officer have in any Town taken Scavage or Shewage that is to say any thing for the shewing of Ware or Merchandize that be truely accustomed to the King before 19 H. 7. 8. § N. Oyles see Merchants Measures One Justice see Justices Oppression see Fees Omission see Amendment Orchards see Trespass Orders of Sessions see Justices Ordinary Ecclesiastical Persons Clergy I. LAmb. 4. Cap 3. pag. 391. Justices 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 knowledg of the Sessions of the Peace howbeit I think he ought to serve when he shall be called for matter of Clergy II. Lamb. 543. The Justices of Peace may give Clergy to a Felon if the Ordinary or his Deputy be present to take him but if they be absent he must be reprieved because as Marrow saith these Justices can set no Fine upon the Ordinary for his absence no more then if he will accept one to read as a Clerk wherein truth he cannot read at all Clergy Br. 7. but if you look on Stanff 2. Cap. 25. fol. he will perswade you that the Ordinary is not the Judge but a Minister in the Tryal of Clergy and that Clergy may lawfully be given and allowed in his absence So Poult de pace 214. pl. 36. c. III. Lamb. 544. Marrow saith also that if Bigamy that ungodly and Popish Counterplea had been alledged against one that prayed his Clergy the Justices of Peace could not have written to the Ordinary to certifie the same IV. Lamb. 580. And the Clerk of the Peace must also deliver unto the Ordinary a transcript of Clerks Convicted or attainted before the said Justices 34 H. 8. 14. § 2. N. 1 but enquire whether this be needful at this day by reason that Clerks be not now delivered to the Ordinary by 18 Eliz. 7. § N. Poult de Pace 217. pl. 43. Overseers see Poor Ouster le mere see Merchants Pannels see Inquest Pardon I. LAmb. 552. If a General Pardon by Parliament of all Persons make special Exception of some Amerciam then must the Prisoner alledge that he is none of those that be excepted unless the Act it self do say that he shall be holpen by it without any such pleading 11 H. 4. 39. Stanff 103. Crumpt 115. b. § 13. II. Lamb. 552. Touching this sort of Pardon Treason c. the Servant that had killed his Master was Indicted of voluntary Murther without proditoriè and was thereupon Arraigned and found Guilty but because the Offence was Pety Treason indeed and Pety Treason was then Pardoned by Parliament 5 Eliz. tho Murder was therein excepted Justice Welsh thought it meet to reprieve the Prisoner without giving Judgment upon him Dyer 235. pl. Crumpt 115. § 9. Relation III. Lamb. 552. A man stroke another in February 13 Eliz. whereof he died in June next following in which mean while all Felonies Offences Injuries and Misdemeanors were pardoned by Parliament and he was discharged by that Pardon because the stroke was the
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
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
and form following that is to say XCVI 27 H. 8. 25. 26. § 2. N. 3. That all the Governors and Ministers of every of the same Cities Shires Towns Hundreds Corporation Wapentakes Lathes Rapes Ridings Tythings Hamlets and Parishes as well within Liberties as without shall not only succor find and keep all and every of the same poor people by way of voluntary and Charitable Alms within every of the same Cities Shires Towns Hundreds Wapen-takes Luthes Rapes Tythings Hamlets and Parishes as well within Liberties as without to be succored relieved and holden with such convenient and necessary Alms as shall be thought meet by their discretions in such wise as none of them of very necessity shall be compelled to wander Idly and go openly in Begging to ask Alms in any of the same Cities Shires Towns and Parishes But also to cause and compel all and every the said sturdy Vagabonds and valiant Beggers to be set and kept to continual labor in such wise as by their said labors they and every of them may get their own livings with the continual labor of their own hands Sheriffs XCVII 27 H. 8. 25. 26. § 2. N. 4. And every Mayor Alderman Sheriff Bailiff Constable and all other head Officers and Ministers of every County City Town and Parish within this Realm or within any the Kings Dominions as well within Liberties as without and all other persons Inhabitants within any of the same shall endeavour themselves to order and direct the Poor people valiant Beggers and sturdy Vagabonds in such wise as the effect of this present Act shall be duly observed and put in due execution upon pain that every Parish shall lose and forfeit 20 s. for every Month in which it is omitted and undone and that to be enquired of at every Quarter Sessions and to be duely presented and found by the verdict of twelve men Constable XCVIII 27 H. 8. 25. 26. § 3. N. 1. Item It is further Enacted c. That all and every person c. Being Whipt or sent into their Countries in form aforesaid viz. 22 H. 8. 12. § 14. N. 1. at the end of every ten Miles shall repair unto the Constable of any Parish being directly in his way towards the County and place whereunto he is so appointed and upon sight of his Letters given unto him at the time of his whipping and sending of him into the same his Country every the said Constables and others the Kings Subjects shall and may furnish him with Competent Meat Drink and Lodging for one night only or for one Meal and so he shall contiue his daily Journy of Ten Miles until such time as he shall come unto the Hundred and place whereunto he is assigned to go Ability XCIX 27 H. 8. 25. 26. § 4. N. 1. Item It is Enacted c. That all and every Idle person c. Rufflers calling themselves Serving-men as well within the City of London as within all other Cities Shires Towns Parishes and Hamlets of this Realm having no Masters shall be intreated used and ordered in every behalf and to all intents as is contained and specified as well in the aforesaid former Act viz. 22 H. 8. 12. as in this present Act upon the pain aforesaid to be lost and forfeited to the Mayor Aldermen Sheriffs Bailiffs Burgesses Ministers and Inhabitants of every of the same Cities Boroughs and Towns Corporate where any such Rufflers shall be suffered to be resiant and abiding by the space of two days and not punished in form hereafter declared Corporation C. 27 H. 8. 25. 26. § 5. N. 1. It is Ordained c. That all and every the Mayors Governors and head Officers of every Borough and Town Coporate and the Church-wardens or two others of every Parish of this Realm shall in good and Charitable wise take such discreet and convenient order by gathering and procuring of such Charitable and voluntary Alms of the good Christian people within the same with Boxes every Sunday Holy-day and other Festival days or otherwise among themselves in such good and discreet wise as the Poor Impotent Lame Feeble Sick and Diseased people being not able to Work may be provided holpen and relieved so that in no wise they nor none of them be suffered to go openly in Begging And that such as be lusty or having their Limbs strong enough to labor may be daily kept in continual labor whereby every one of them may get their own sustenance and living with their own hands CI. 27 H. 8. 25. 26. § 5. N. 2. Forfeiture Upon pain that all and every the Mayors Governors Aldermen head Officers and others the Kings Officers and Ministers of every the said Cities Boroughs Towns Corporate Hundreds Parishes and Hamlets shall lose and forfeit for every month that it is omitted and undone the sum of 20 s. CII 27 H. 8. 25. 26. § 6. N. 1. Item It is Enacted Lieu. c. That all Leprous and poor Bed-rid Creatures whatsoever they be may at their own liberty remain and continue in such place where they be and shall not be compelled to repair into their Countries according to the tenor and purport of the aforesaid former Act viz. 22 H. 8. 12. § 18. N. 1. Any thing contained in the same Act or in this present Act to the contrary notwithstanding CIII 27 H. 8. 25. 26. § 7. N. 1. Item It is also Enacted Enfant c. that the said Governors Aldermen Justices of the Peace and head Officers Bailiffs and Constables of every City Borough Town Hundred and Parish of this Realm shall have Authority by vertue of this present Act to take up all and singular Children in every Parish within their limits that be not grieved with any notable disease or sickness and being under the age of fourteen years and above the age of five years in Begging or Idleness and to appoint them to Masters of Husbandry or other Crafts or labors to be taught by the which they may get their livings when they shall come to age giving to them of the said Charitable collections as it may conveniently be sustained and borne Arayment to enter into such service CIV 27 H. 8. 25. 26. § 7. N. 2. And if any above the age of twelve years and under the age of sixteen years Apprentice refuse such service or depart from the same without cause reasonable then they to be Arrested and apprehended by any of the said Officers and to be brought before the Mayor Aldermen Justices of the Peace Baliffs Governors Constables and other Officers and Ministers of that limit or circuit where they be taken And if it shall appear by his or their Confession or other sufficient Testimony before the same Officers and Ministers that he or they have refused to serve or have departed from their service without cause reasonable he shall then in the Parish where he was apprehended be openly whipped with Rods
by the discretion of the said Governors or Bailiffs and thereupon to be sent again unto his service and so to be served as often as he shall be apprehended and Convicted in form aforesaid CV 27 H. 8. 25. 26. § 7. N. 3. And if any person or persons Proces refuse to Execute and to do the said punishment at the Commandment of any of the said Governors Aldermen Justices of Peace and others the said Officers and Ministers then he or they so refusing the same shall be set in the stocks by the space of two days without having of any other sustenance saving only bred and water CVI. 27 H. 8. 25. 26. § 8. N. 1. Item It is also enacted Search c. that all and every the aforesaid Mayors Governors Aldermen and every the Justices of the Peace as well within liberties as without shall once in every month or oftner if need shall require command a Privy or secret search to be made within every City and Ward Town Hundred Parish and Hamlet of this Realm in such time of the night and day as they shall think convenient to the intent that all Rufflers sturdy Vagabonds and valiant Beggers and other suspect persons may be by such means apprehended taken and ordered according to the purport and meaning of this present act and otherwise to be used according to the Laws of this Realm CVII 27 H. 8. 25. 26. § 8. N. 2. Proces And that all and every person and persons obey aid assist and maintain from time to time all and every the Commandments of the said Justices of Peace and other head Officers aforesaid for and concerning the making of all the said searches and the apprehending of all and every the suspect persons aforesaid upon pain to make fine for not doing of the same at the next quarter Sessions as it shall be thought by the discretion of the Mayor Governors Aldermen and Justices of the Peace Games CVIII 27 H. 8. 25. 26. § 9. N. 1. Item It is Enacted c. that no person c. at any time after the Feast of Saint John Baptist next coming shall use keep and maintain any open Playing-House or place of Common Bowling Dicing Carding Closh Tennis or other unlawful Games taking mony for the same or other gain in any place of this Realm upon pain to forfeit five Marks for every Month that any such unlawful Houses or Games shall so be openly kept used and maintained in any Place within this Realm be it within liberties or without any grant heretofore made to any person c. in any wise notwithstanding Encumbant CIX 27 H. 8. 25. 26. § 10. N. 1. Item It is Enacted c. that every Preacher Parson Vicar Curate of this Realm as well in all and every their Sermons Collections Biddings of the beads as in time of all Confessions and at the making of the Wills or Testaments of any Persons at all times of the year shall exhort move stir and provoke people to be liberal and bountiful to extend their good and Charitable Alms and Contributions from time to time for and towards the comfort and relief of the said Poor Impotent Decrepit Indigent and needy people as for the setting and keeping to continual work and labor of the aforesaid Rufflers sturdy Vagabonds and valiant Beggers in every City Ward Town Hundred and Parish of this Realm as well within liberties as without Pain CX 27 H. 8. 25. 26. § 11. N. 1. Item It is Enacted c. that if any of the aforesaid Rufflers sturdy Vagabonds and valiant Beggers after such time as they have been once apprehended taken whipped and sent unto any City Ward Town Hundred or Parish by any Justices of Peace Mayor Constable Bayliffs or any other the Kings Officers and Ministers happen to wander loyter or idly to use themselves and play the Vagabonds and willingly absent themselves from such labor and occupation as he or they shall be appointed unto within any City Ward Town Hamlet Hundred or Parish whereunto he or they have been appointed in manner and form aforesaid that then he or they being Eftsoons apprehended and taken of suspitions of Idleness in any privy searches aforesaid or otherwise shall be brought before the next Justice of Peace And upon due Examinations and proof of the continuance of his said loytering wandering in idleness or Vagaboncy shall be Eftsoons not only whipped again and sent into the City Ward Town Hundred or Parish whereunto he was first appointed but also shall have the upper part of the Grislle of his right Ear clean cut off so as it may appear for a perpetual token after that time that he hath been a contemner of the good order of the Common-wealth Constable CXI 27 H. 8. 25. 26 § 11. N. 2. And that every Constable of the Parish with the assistance of the most substantial of every such Parish where any such Ruffler or Vagabond shall happen thus to be taken shall do or cause to be done this present Execution as well in whipping as in cutting off the said upper Grisle of the Ear of every such Ruffler or sturdy Vagabond or valiant Begger upon pain to lose and forfeit five Marks for every time that he shall refuse to do or cause to be done the same Execution And all and singular the Inhabitants of the said City Ward Town Hundred or Parish shall assist and aid the said Constables in Execution of the premisses to the best of their Power with Good diligence and without contradiction upon the pain aforesaid CXII 27 H. 8. 25. 26. § 12. N. 1. Item It is further Enacted Imprisonment c. That if any Ruffler or sturdy Vagabond or valiant Begger not having the upper part of the right Ear and being cut off as is aforesaid happen to be apprehended and taken in or at any privy search as aforesaid at any other time wandring in Idleness in or without any City Ward Town Parish or Hamlet within this Realm whereunto he or they have been assigned and duely proved before any Justice of Peace that he or they haunt Idleness and hath not applied nor doth not apply such labors as he or they have been assigned unto or be not in service with any Master that then he or they so taken marked and having the upper part of the right Ear cut off as is aforesaid shall be by any of the said Justices of Peace sent unto the next Goal there to remain without Bail or Mainprise until the next Quarter Sessions and there to be Indicted of wandring loytering and idleness and shall be arraigned of the same and if he or they shall happen to be found Guilty by Verdict Confession or otherwise of for and upon the same continual loytering and idleness then every such sturdy Vagabond and valiant Begger so found Guilty and Condemned shall have Judgment to suffer pain and Execution of death as a Felon and as Enemies of
is kept any thing in this Act or in any provision of the same to the contrary notwithstanding License CXXXII 27 H. 8. 25. 26. § 27. N. 1. Provided furthermore that Servingmen departing from their service by License Will Death or Exclusion of their Lord Lady Master or Mistris having of the same their Lord Lady Master or Mistris Letters or in case of their death other sufficient proof testifying the day of their Exclusion or departure from such service shall not incur or run into any the punishments or penalties comprised in this Act for Vagabonds or sturdy Beggers within the space of one month after the day mentioned in the said Letters or appearing by the said testimony to be the day of the departure from such services ne also at or after the same month expired so that by the end of such month they shall have entred into any service or be otherwise in labor according to the form and tenor of this Act. Abbe CXXXIII 27 H. 8. 25. 26. § 28. N. 1. Provided also that in as much as Fryers Mendicants have little or nothing to live upon but only by the Charity and Alms of all Christian people this Act therefore ne any thing therein contained shall be prejudicial or hurtful unto any person or persons for giving of them in general or particular any manner of Alms in Mony Victual or other things ne also to them or any of them for being or remaining out of the places where they were born or had their last habitation or for passing abroad to gather the Alms and Charity of Christian people or for continuance in their Religion as they have been accustomed to do this Act or any thing therein mentioned to the contrary notwithstanding CXXXIV 27 H. 8. 25. 26. § 29. N. 1. Provided also that this Act ne any thing therein mentioned be hurtful or prejudicial to any Abbots Abbe Priors or other person or persons of the Clergy or other that by any means be bound to give yearly weakly or daily Alms in Mony Victual Lodging Cloathing or any other thing in any Monasteries Alms-Houses Hospitals or other Foundations or Brotherhoods by any good Authority or Ancient custom or of daily charity by keeping of poor men established for that purpose CXXXV 27 H. 8. 25. 26. § 29. N. 2. Ne to any person or persons Charity for receiving of the same or for their abiding in such Alms-houses or Hospitals according to such foundation CXXXVI 27 H. 8. 25. 26. § 29. N. 3. Ne also for Alms in ready Mony Mariners or otherwise to be given to Mariners or other persons that shall for time to come or be set on Land from Ships perished or lost on the Sea CXXXVII 27 H. 8. 25. 26. § 29. N. 4. Or to any person that Riding Going or passing by the way Charity shall after his or their Conscience or charity give Mony or other thing to Lame Blind or Sick Aged or Impotent people any thing in this Act to the contrary mentioned notwithstanding CXXXVIII 1 Ed. 6. 3. Forasmuch as Idleness and Vagaboncy Laborers is the Mother and Root of all Thefts Robberies and all evil Acts and other mischiefs and the multitude of people given thereto have always been here within this Realm very great and more in number as it may appear than in other Regions to the great Impoverishment of the Realm and danger of the Kings Highness Subjects CXXXIX 1 Ed. 6. 3. § 1. N. 2. The which Idleness and Vagaboncy Parliament all the Kings Highness Noble Progenitors Kings of this Realm and this High Court of Parliament have often and with great travaile gone about and assayed with Godly Acts and Statutes to repress Yet until this our time it hath not had that success which hath been wished but partly by foolish Pity and Mercy of them which should have seen the said Godly Laws Executed partly by the perverse Nature and long accustomed Idleness of the persons giving to loytering the said Godly Statues hitherto have had small effect And Idle and Vagabond persons being unprofitable Members or rather Enemies of the Common-wealth have been suffered to remain and increase and yet so do whom if they should be punished by Death Whipping Imprisonment and other Corporal pain it were not without their deserts for the Example of others and to the benefit of the common-wealth yet if they could be brought to be made profitable and do service it were much to be wished and desired CXL 1 Ed. 6. 3. § 1. N. 3. Be it therefore Enacted Repealance c. First that all Statutes and Acts of Parliment heretofore made for the punishment of Vagabonds and sturdy Beggers and all Articles comprised in the same shall be from henceforth repealed void and of none effect CXLI 1 Ed. 6. 3. § 2. N. 1. Ability Secondly that whosoever after the first day of April next following Man or Woman being not Lame Impotent or so Aged or diseased with Sickness that he or she cannot work not having Lands or Tenements Fees Annuities or any other yearly Revenues or profits whereon they may find sufficiently their living shall either like a Serving-man wanting a Master or like a Begger or after any such other sort be lurking in any House or Houses or loytering or Idly wander by the high-ways side or in streats in Cities Towns or Villages not applying themselves to some honest and allowed Art Science Service or Labor and so do continue by the space of three days or more together and not offer themselves to labor with any that will take them according to their faculty And if no Man otherwise will take them do offer themselves to work for Meat and Drink or after they be so taken to work for the space agreed between them and their Master do leave their work out of convenient time or run away that then every such person shall be taken for a Vagabond Apprentice CXLII 1 Ed. 6. 3. § 2. N. 2. And that it shall be lawful to every such Master offering such idle person Service and labor and that being by him refused Or who hath agreed with such idle person and from whom within the space agreed of service the said loyterer hath run away or departed before the end of the Covenant between them And to any other person espying the same to bring or cause to be brought the said person so living idly and loyteringly to two of the next Justices of Peace there resiant or abiding who hearing the proof of the idle living of the said person by the said space living idly as is aforesaid proved to them by two honest witnesses or confession of the party shall immediatly cause the said loyterer to be marked with an hot Iron in the Brest the mark of V. Villenage CXLIII 1 Ed. 6. 3. § 2. N. 3. And adjudge the said person living so idly to such Presentor to be his Slave to have
and to hold the said Slave to him his Executors or Assigns for the space of two years then next following and to order the said Slave as followeth that is to say to take such person adjudged a Slave with him and only giving the said Slave bread and water or small drink and such of meat as he shall think meet cause the said Slave to work by beating chaining or otherwise in such work and labor how vile soever it be as he shall put him unto 3 and 4 Ed. 6. 3. § 1. N. 2. Villenage CXLIV 1 Ed. 6. 3. § 2. N. 4. And if any manner of Slave either for loyterings or for the cause before rehearsed so adjudged shall within the space of the said two years here appointed run away depart or absent him from his said Master by the space of fourteen days together without License it shall not only be lawful to his said Master to pursue and search him again by vertue of this Act but also to punish such fault by chains or beating as is aforesaid Villenage CXLV 1 Ed. 6. 3. § 2. N. 5. And against the detainor if any man do willingly detain him knowing him to be a Slave as is aforesaid to have an Action of Trespass and recover thereby in dammages 10 l. besides the loss and charges of the suit for so detaining his said Slave Villenage CXLVI 1 Ed. 6. 3. § 2. N. 6. And further every such Master showing and proving by two sufficient witnesses the said offence and fault of his running away before two Justices of Peace of the same County whereof the one to be of the Quorum the same Justice shall cause such Slave or Loiterer to be marked on the Forehead or the ball of the Cheek with an hot Iron with the sign of an S. that he may be known for a Loiterer and a Runaway and shall adjudge the Loiterer and Runaway to be the said Masters Slave for ever Villenage CXLVII 1 Ed. 6. 3. § 2. N. 7. And if such Slave shall the second time run away or absent himself if the said Master shall prove the same second Running away with two sufficient witnesses before the Justice of Peace in their General and Quarter Sessions then every such fault and Running away to be adjudged Felony and such a Loiterer and Runnaway to be taken as a Felon and thereof being lawfully Indicted and attainted or otherwise condemned to suffer pains of death as other Felons ought to do CXLVIII 1 Ed. 6. 3. § 3. N. 1. Provided also and be it Enacted Clergy c. that no Clerk convicted shall hereafter make his purgation and upon such purgation be delivered and set at large otherwise than is in the Statute hereafter expressed CXLIX 1 Ed. 6. 3. § 4. N. 1. And be it further enacted Ordinary c. that every Clerk convict or hereafter to be convicted which should by the order of the Law enjoy the benefit of their purgation shall and may from henceforth find any man if they can who shall be bound with two sufficient Sureties to the Ordinary in the summ of 20 l. to the Kings Highness use to retain the said convict as his Slave and to keep the said person so convicted for the space of one year then next following that he shall not go abroad and at large and then the said convict shall be delivered to the said person so taking the same and being bound as is aforesaid to be his Slave for one whole year then next following by vertue of this Act in all such manner and form and to all such intents and purposes and with all such Orders Laws Conditions and penalties for Running away or other as is aforesaid of a Vagabond taken loytering and made a Slave burning in the brest only excepted and the Ordinary by the delivery of the said convict to such person being bound as is aforesaid to be of the keeping of the said convict clerely discharged and exonerated by vertue of this Act. CL. 1 Ed. 6. 3. § 5. N. 1. And if so be that the said Clerk so convict Bail cannot find any man to be bound as is aforesaid to whom he may be adjudged a Slave in the space of one year then at any time after the end of one year after his conviction it shall be lawful for the said Clerk convict to make his purgation as he might before this Estatute any thing in this present Act to the contrary notwithstanding CLI 1 Ed. 6. 3. § 6. N. 1. And where the Clerks convicted or attainted by the order of the Laws of this Realm cannot make their purgation Imprisonment and should perpetually by the same remain in prison Be it nevertheless enacted c. that if there be any manner of person who will at any time demand the same Clerk convicted or attainted and be bound to the Ordinary with two sufficient Sureties as is above written to keep the same as his Slave by the space of five years then next following that then the same shall be adjudged his Slave for like space with all such Orders Laws and Penalties for running away and other orders as is before expressed of a Vagabond adjudged to any man for a Slave the burning in the brest only excepted and upon the adjudgment delivered to such demandant the Ordinary from thenceforth of the keeping of such Clerk convicted or attainted clearely exonerated and discharged by vertue of this Act. CLII. 1 Ed. 6. 3. § 7. N. 1. And forasmuch as divers Women and Men go on Begging wayfaring Infant of the which some be impotent and lame and some able enough to labor which do carry Children about with them some four or five years of age or Younger or Elder which brought up in idleness might be so rooted in it that hardly they may be brought after to good thrift and labor CLIII 1 Ed. 6. 3. § 7. N. 2. Or if any Child above the age of five years and under the age of fourteen years Infant go idly wandring about as a Vagabond Infant CLIV. 1 Ed. 6. 3. § 7. N. 3. Be it Enacted c. that if any manner of person will take away such Child be it Male or Female of and from any such Begger being the Mother thereof Nourisher or Keeper whether they be willing or not or without any such Nourisher Mother or Keeper wandring and bring the said Child so taken away before one of the Constables of the Parish and two other honest and discreet Neighbours witnesses and before any Justice of the Peace there resiant and abiding and promise to bring the same Child up in some honest labor or occupation till he or she come to the age of twenty years the Woman Child or twenty four years the Man Child Infant CLV 1 Ed. 6. 3. § 7. N. 4. That then and immediatly the said Justice of Peace and Constable shall adjudge by virtue of this Act
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
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
said Justices assigned and allowed for the said Poor Charity CCCXLIV 14. Eliz. 5. § 25. N. 3. To ask gather and receive within such other Township or Parishes of the said County as the said Justices or the most part of them there then in their said Sessions assembled shall especially name and appoint limit and assign the Charitable devotion and Alms at the House or Houses of the Inhabitants of such Town Parish or Parishes by the said Justices Named Appointed Limited or Assigned so that they do appoint the said Poor so to be relieved only within the Towns and Parishes being within the divisions of the same Justices that so shall give such Licence or Licences Lieu. CCCXLV. 14 Eliz. 5. § 25. N. 4. And that the Inhabitants of every such Parish or Parishes to the which such Poor or Impotent persons shall be so appointed as is aforesaid shall be coacted and bound by vertue of this Act under such pain as to the discretion of the said Justices there in their Sessions Assembled or the most part of them shall seem convenient to relieve the said Poor and Impotent persons in such sort as the said Justices there assembled shall appoint Corporation CCCXLVI 14 Eliz. 5. § 26. N. 1. And be it further Enacted that if it shall happen any City or Town-Corporate to have in it more Impotent and Poor folks not able to labour then the said Town or City is able to relieve and the said City or Town-Corporate is a County of it self or Situate or standing in one County and Immediatly adjoyning to another that in those Cities or Towns the Mayor or Head-Officers of the said City or Town shall make Certificate to the Justices of the Counties adjoyning to the said Cities or Towns CCCXLVII 14 Eliz. 5. § 26. N. 2. And the same Justices of the said adjoyning County or Town in their General Sessions of the Peace Licence shall give Licence and follow the Order above remembred according as other Justices of the Counties in the which any Town or Parish surcharged standeth are before limited and authorized to do CCCXLVIII 14 Eliz. 5. § 27. N. 1. Provided always and be it Enacted c. that all and every summ and summs of mony London from henceforth to be Collected or Gathered within the City of London and the Liberties of the same by vertue of this Act shall be paid unto the Governors of the Hospital called the Hospital of Christ-Church within the said City of London for the time being and shall be by them from time to time distributed and bestowed for the relief of the Poor of the same City according to their Wisdoms and discretions any thing in this Statute contained to the contrary notwithstanding CCCXLIX 14 Eliz. 5. § 28. N. 1. Provided also and be it Enacted Franchis c. that all and every summ and summs of mony from henceforth to be Collected or Gathered within the City of Coventry and the Liberties of the same by vertue of this Act towards the maintenance and relief of the Hospital of Poor people erected in the same City shall be paid unto such Governor and Governors of the said Hospital as now is or hereafter shall be admitted and appointed by the Mayor and Aldermen of the said City of Coventry or the more part of them for the time being CCCL 14 Eliz. 5. § 28. N. 2. And such Governor and Governors Charity so admitted and appointed as is aforesaid shall from time to time distribute and bestow for the reliefe of the Poor within the said City the said summ or summs of mony according to their Wisdoms and discretions any thing mentioned in this Act to the contrary notwithstanding CCCLI 14 Eliz. 5. § 29. N. 1. Provided also and be it Enacted Franchis c. that all and every summ and summs of mony from henceforth to be paid Collected or Gathered within the City of Gloucester Liberties and limits of the same City for and towards the use or relief of the Poor and all and every other relief which shall be due and payable or is to be yielded within the said City Liberties or limits for and towards the relief of the said Poor shall be from time to time paid and delivered or otherwise shall stand and be at the only rule order and disposition of the President and Governors of the Hospital of Saint Bartholomew of the Foundation of our most Gracious Soveraign Lady Queen Elizabeth within the said City of Gloucester for the time being and shall be by them from time to time distributed and bestowed for the relief of the Poor of the said City according to their Wisdoms and Discretions CCCLII. 14 Eliz. 5. § 30. N. 1. And be it further Enacted Ordinary c. that the Bishop of every Diocess or his Chancellor for the time being shall yearly visit all Hospitals in the Diocess of such Bishop where no Visitor by the Founder or Founders is appointed if the Founder of the said Hospital be then Dead and to see and take order that the said Hospital be ordered and used according to the Statutes and Ordinances of the Foundation thereof and if the Founder be then living the said Founder to visit the same during his life without any the Bishops Visitation and the same Visitation to be at the only costs and charges of the Visitors and not of the Hospital Ordinary CCCLIII 14 Eliz. 5. § 30. N. 4. And that it shall be lawful to the Bishop of the Diocess for the time being where such Hospital is or shall be or his Chancellor upon complaint or other intelligence of just cause to take account how the rents revenues and profits of any such Hospital hath been bestowed and spent to call before him or them at the said Hospital to account all such person and persons as have had the Collection or receit of any the said Rents Issues Revenues or profits Account CCCLIV. 14 Eliz. 5. § 30. N. 5. And if any person or persons so called shall and do refuse to account or entring into account shall refuse to proceed and finish the same or upon finishing thereof shall refuse forthwith to imploy or answer to the use of the said Hospital such summ or summs of mony as upon the same account shall appear to be due by him that then every such person and persons so refusing shall forfeit and loose such summ and summs of mony as to the said Bishop or Chancellor and to two Justices of the Peace next Inhabiting to the said Hospital shall be thought meet and convenient Account CCCLV. 14 Eliz. 5. § 30. N. 6. To which accounts the said Bishop or Chancellor shall call the same two Justices of the Peace Ouster le mere CCCLVI. 14 Eliz. 5. § 31. N. 1. Provided also and be it further Enacted c. that no person or persons having charge of any Voyage in passing to the Realm of
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
he afterwards shall bind himself as a Servant with one dwelling in B. yet are not his Wife and Children to be sent to B. or placed there but are to remain still at A. where they were once setled otherwise if the Husband hath hired an House in B. Bastardy CCCCLXXXVIII Dalt 98. cap. 40. A Maid Servant gotten with Child at A. by her fellow Servant or by another young-man of the same Town after both their times of service expireth and they marry and then the Young-man is retained at B. then the Woman delivered of her Child she with her Child are to be sent to the Father at B. and there they are to be setled Imprisonment CCCCLXXXIX Dalt 99. 100. cap. 40. And all such persons sent to the House of Correction must there live by their own labor and work without charging the Town or Country for any allowance 7 Jac. 4. But for the Overseers to suffer such thriftless Poor or any other which can live of their labor or otherwise to be chargeable to the Town or to relieve such were a means to nourish them in their lewdness and idleness which take it and to Rob others of relief that want it to wrong those of their mony that pay it and to condemn them of oversight that dispose it And yet if any of these thriftless Poor happen to prove impotent it seemeth they are to be relieved by the Town but I leave that to better consideration Lieu. CCCCXC Kilborns Precedents 183. 184. A Warrant to remove one come to a Parish To the Overseers of the Poor of the Parish of H. in the said County and every of them Kent ss FOrasmuch as complaint hath been by you made unto us that Helen the Wife of R. D. an Inhabitant in the Parish of C. in the County aforesaid is lately come into your said Parish of Hawke and hath brought with her thither a Male-Child of the said Robert and Helen of the age of c. or thereabouts and that both the said Helen and Child are likely to be chargeable to your said Parish and you have thereupon craved from us such relief touching the premises as by Law is appointed These are therefore in his Majesties name to Authorize and require you that you some or one of you do convey the said Helen and Child to the said parish of C. and there to deliver them to the said Robert in case you can there find him to be with him setled according to Law and in case that you cannot there find him then to deliver the said Helen and Child to the Overseers of the Poor of the said Parish of C. to be disposed according to Law given under our Hands and Seals c. CCCCXCI Kilborns Precedents 185 186. A Warrant for removing Lieu. c. one come to a Parish To the Church-wardens and other the Overseers of the Poor of the Parish of H. in the said County and to every of them Kent ss WHereas complaint hath been made by you to us according to the form of the Statute in that case made and provided viz. 13 14 Car. 2. ca. 12. § N. that A. B. hath within forty days before the said complaint come into your said Parish to settle therein a Tenement under the yearly value of ten pounds and that he is likely to be chargeable to the Parish aforesaid and was last legally setled at B. in c. by the space of forty days at the least as a Native Householder Sojourner Apprentice or Servant c. there These are therefore in His Majesties Name to require and authorize you and every of you that you some or one of you do remove and convey the said A. B. to B. aforesaid where he was so last legally setled unless he give sufficient security for the discharge of your said Parish to be allowed by us given under our Hands and Seals the c. CCCCXCII Kilborns Precedents 186. Husbandry The like Warrant against one for not returning c. when his work is finished or shall fall sick or Impotent c. where he comes to a Parish to work 14 Car. 2. 12. To the Church-wardens and Overseers of the Poor of the Parish of H. in the said County and every of them Kent ss WHereas complaint hath been made by you unto us that A. B. an Inhabitant of C. came into your Parish to work and is not returned upon his finishing thereof These are therefore in His Majesties Name to require and Authorize you and every of you that you some or one of you do convey the said A. B. to C. aforesaid there to remain an Inhabitant as formerly he was given under our Hands and Seals c. CCCCXCIII Kilborns Precedents 184 185. Lieu. A Warrant for apprehending one for returning to the Parish from which he was removed 14 Car. 2. 12. To the Constables c. of the Hundred of A. in the said County and to every of them and to the Keeper of the House of Correction for the said County at B. in the County aforesaid Kent ss WHereas A. B. in May last legally settled as a Native Householder Sojourner Apprentice or Servant c. in the Parish of T. came into the Parish of V. to settle in a Tenement there under the yearly value of ten pounds and likely to be chargeable to the said Parish was upon complaint thereof made by the Church-wardens and Overseers according to the Statute aforesaid in that behalf made by Warrant to the said Church-wardens and Overseers according to the Statute aforesaid directed by them removed and conveyed to the aforesaid Parish of T. there to remain according to the said Statute since which the said A. B. did return of his own accord to the said Parish of V. from whence he was so removed These are therefore in His Majesties Name to Command you that you some of you or one of you do cause the said A. B. to come before us some or one of us at the House of T. Inholder called the George-Inn in the said County the first day of June next ensuing at nine of the clock in the forenoon of the same day to shew cause why he returned to the said Parish of V. and further to do and receive as to Justice doth appertain Hereof fail not at your perils given under our Hands and Seals the _____ day of c. Bar. Fem. CCCCXCIV Kilborns Precedents 187. A Warrant and Mittimus for one who Runs away and leaves his Family upon the Parish 7 Jac. 4. Dalt 385. cap. 125. To the Constable c. of the Hundred of C. and 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 it hath been duely proved before us that A. B. of the Parish of H. being able to labor and thereby to relieve himself and his Family did nevertheless lately run away out of this
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
of Fact or if Judgment be given against him on nihil dicit for any other Cause any of these are sufficient Convictions whereupon to recover his penalty for Convicted is here 23 Eliz. 1. § 5. N. 1. to be taken for attainted as 't is in many other Cases for until Judgment he shall forfeit nothing and altho he that is Convicted is not therefore attainted yet every one who is attainted or adjudged is Convicted and of such a Conviction is this Statute to be understood infra 233. Good-behavior XXX The Laws c. 63 64. Upon the words Be bound in 23 Eliz. 1. § 5. N. 2. Some have made a question and among them Mr. Shephard in his Sure Guide cap. 6. Sect. 5. by whom or in what Court the Recusant shall be bound to the good behavior by force of this Statute for that the Court is not expresly mentioned and Wingate Crown 44. hath stumbled upon a conceit that after Certificate made in B. R. a Justice of Assize Goal delivery or Peace shall bind the party to the good behavior and misrecites the Statute accordingly but it seemeth the intention of the Law makers was that he should be bound in B. R. and of that opinion is Dalt 192. § 5. cap. 75. tit good behaviour 2. For where any proceedings are appointed to be upon or after a Certificate sent to any Court there by Common intendment the proceedings are to be in that Court to whom the Certificate is sent if no other Court be named and it cannot be presumed by any reasonable construction of 23 Eliz. 1. § 5. N. 2. That the Certificate into B. R. is to any other end than for the Justices there to proceed in such manner as the Act directs to be done after such Certificate as no question they may in this Case as well as upon Certificate of a presentment or of refusal of the Oath of Supremacy against 5 Eliz. 1. § 5. N. 10. Supra 39. and t is a rule in Construction of Statutes that where the intention plainly appears the Law ought to be advanced according to its end tho the words be short and imperfect especially Laws made for Religion as is held Hob. 157. and 11 Co. in Magdalen Colledge Case and 2 Bulstrode 155. 3. Popish Recusants Convicted are not to be reputed sufficient sureties within 23 Eliz. 1. § 5. N. 2. and therefore were refused by the Court of B. R. in the Case of Griffith 2 Bulstrode 155. XXXI The Laws c. 64. An Usher or assistant in teaching is a Master in the School and seemeth to be included within the word School-Master 23 Eliz. 1. § 6. N. 1. and the following words here or teacher explain who is intended viz. Every teacher of youth 23 Eliz. 1. § 7. N. 2. Scholars XXXII The Laws c. 65. 66. Abr. 69. This limitation of time within one year and day 23 Eliz. 1. § 8. N. 1. Extends not to any offence made Treason by 23 Eliz. 1. but only to such offences mentioned in this Act or 1 Eliz. 1. 2. and 5 Eliz. 1. and 13 Eliz. 2. as concern the Kings Supremacy in Causes Ecclesiastical the service of God coming to Church or Establishment of Religion 2. And for those touching Religion 23 Eliz. 1. § 8. N. 1. enlargeth the time limited by 1 Eliz. 2. § 20. N. 1. which saith the party must be Indicted the next Sessions or 1 Eliz. 2. § 22. N. 1. If in a Corporation within fifteen dayes after Easter or Michaelmas for now he may be Indicted at any time within the year and day 3. But for absolving or withdrawing or for being absolved withdrawn or reconciled which are 23 Eliz. 1. § 2. N. 1. made Treason no time is limited for the prosecution but the offender may be Indicted at any time after the year and day for the latter part of 23 Eliz. 1. § 8. N. 2. Speaks of those offences of Treason which the Justices of Peace cannot hear and determine and there no time is limited altho there be in the former part 23 Eliz. 1. § 8. N. 1 for those offences which are inquirable by Justices of Peace 1 Leonard 238. pl. 322. Guilfords Case Justices XXXIII The Laws c. 66. 67. Abr. 70. Upon 23 Eliz. 1. § 9. N. 1. The Justices of the Court of B. R. are the Soveraign Justices of Oyer and Terminer and Goal-delivery 9 Co. 118. Lord Sanchers Case and therefore may enquire of hear and determine the offences against this Act altho they be not here especially named 2. If an Indictment be preferred upon this Statute 23 Eliz. 1. § 9. N. 1. before Justices of Oyer and Terminer or of Assize for any offence not made Treason or misprision and there is an Indictment before Justices of Peace likewise for the same offence the Judgment of the Justices who do first enquire hear and determine the same shall stand and the Judgment given by the other shall be void as was held in the like Case 2 Inst 739. Upon 31 Eliz. 7. § N. of Inmates 3. The power here given 23 Eliz. 1. § 9. N. 2. The Justices of Peace in their open Quarter Sessions to hear and determine the offence of not coming to Church is in force at this day notwithstanding 29 Eliz. 6. § 2. N. 2. which saith that every Conviction for not coming to Church shall be in B. R. or at the Assizes or general Goal-delivery and not elsewhere for 3 Jac. 4. § 7. N. 1. hath given power to Justices of Peace in their general or Quarter Sessions to enquire hear and determine of all offences for not coming to Church according to former Laws in such manner as the Justices of Assize and Goal delivery might do by former Laws in the Case of Recusancy for not repairing to Church which is clearly a reviver of the power of Justices of Peace given to them by 23 Eliz. 1. § 9. N. 2. to proceed against Recusants and taken from them by 29 Eliz. 6. § 2. N. 2. 4. Nor doth that following Clause 3 Jac. 4. § 7. N. 2. Touching Conviction by Proclamation impeach this or restrain the Justices of Peace to proceed to Conviction upon Proclamation only and default of appearance no more than the Justices of Assize or goal-delivery are restrained thereby or by 29 Eliz. 6. § 2. N. 5. which gives them likewise Authority to proceed by Proclamation 5. For these Clauses of 3 Jac. 4. § 7. N. 1. 2. are in the Affirmative viz. first that the Justices of Peace shall have power to hear and determine the offence of not coming to Church according to Laws in such manner as Justices of Assize and Goal-delivery might do and those Justices might hear and determine that offence according to this Statute 23 Eliz. 1. § 9. N. 1. and then comes the next Clause of 3 Jac. 4. § 7. N. 2. that the Justices of Peace shall have power to Convict by Proclamation which is
the Indictment on 27 Eliz. 2. § 3. N. 1. that he was made a Jesuit or Priest c. by Authority Challenged or pretended from the See of Rome But it need not be shewed where he was made a Jesuit or Priest c. whither beyond the Sea or within the Realm for wheresoever it was it is within this Law if he were made so by the pretended Authority of the See of Rome Popham 94. Southwells Case XXXIX The Laws c. 102 103 104. Abr. 96. Process This Statute 29 Eliz. 6. § 3. N. 1. meddles not with any other way of Conviction than at the Queens suit by Indictment as hath been said and so is the Conviction here mentioned to be understood for this Statute is not Introductory of a new Law nor gave the Queen any new or other remedy than what she had against the Recusant by 23 Eliz. 1. § 5. N. 1. that is by Indictment but only gave her a more speedy way of proceeding upon that fundamental remedy 11 Co. 60. and 1 Rol. 93. Dr. Fosters Case So that a Conviction upon an Information against the Recusant upon 23 Eliz. 1. § 11. N. 1. or any other way save by Indictment doth not appropriate the penalty of twenty pound per month to the King for the time to come by force of 29 Eliz. 6. § 3. N. 1. Infra 165. abr 72. Hob. 205. Pie and Lovel Nor for the same person by force of 3 Jac. 4. § 8. N. 1. where the same words are used and a Conviction by Indictment only intended as here XL. The Laws c. 107. 108. Abr. 103. Process If the same be taken at any Assize or Goal delivery 29 Eliz. 6. § 5 N. 6. for if the Indictment had been taken before Justices of Peace no Proclamation thereupon could have been made upon this Statute by the Justices of Assize or Goal-delivery as was resolved in the Case of Sir Edward Plowden And therefore upon such an Indictment for Recusancy taken before Justices of Peace the Court was to remove the Indictment in B. R. and there process might have been made out against the Recusant and he Convicted for the Justices of Peace could do no more than Indict all other proceedings being taken away from them by this Statute 29 Eliz. 6. § 2. N. 2. 11 Co. 63. and 1 Rol. 94. but now by 3 Jac. 4. § 7. N. 1. the Law is altered in this point and the Justices of Peace upon Indictments taken before them may proceed to Proclaime and Convict the Recusant as well as Justices of Assize and goal-delivery Abr. 95. N. 2. XLI The Laws c. 114. Abr. 108. Wingate Crown 70. saith Religion that if any person above sixteen years of age obstinately refuseth to come to Church for a month or impugnes the Queens Authority in Causes Ecclesiastical he shall be Committed to prison 35 Eliz. 1. § 1. N. 2. which is a great mistake for no man shall be punished by this Act for either of those Causes only the not coming to Church being only a precedent qualification required in the person whom the act makes lyable to the penalties thereof for the other offences therein mentioned Crompton 53. b. 2. And therefore if a man never comes to Church yet he is no offender within 35 Eliz. 1. § 1. N. 2. unless he advisedly or purposely move or perswade another to deny or Impugne the Kings Authority in Causes Ecclesiastical or to that end or purpose advisedly and maliciously move or perswade some other to forbear to come to Church or receive the Communion or to be present at Conventicles c. or if he himself be present at such Conventicles c. 3. And on the other hand if a man move or perswade any other to deny or Impugne the Kings Authority in Causes Ecclesiastical or to forbear to come to Church or receive the Communion or to be present at Conventicles c. Or if he himself be present at any Conventicles c. yet he is no offender within 35 Eliz. 1. § 1. N. 2. if he goeth to Church once within the compass of a month 4. So that the party must both forbear to come to Church and be guilty of some other offences here enumerated or he is not punishable by 35 Eliz. 1. § 1. N. 2. and as for the denying or Impugning the Kings Authority in Causes Ecclesiastical it s no offence within this Statute unless the party moves or perswades others so to do and not then neither unless he hath been absent from Church by the space of a month XLII The Laws c. 114. 115. Abr. 109. Vnder colour or pretence of any exercise of Religion 35 Eliz. 1. § 1. N. 3. Altho this Act is commonly called the Act against Sectaries as distinguished from those of the Romish profession yet in truth it extends to all Recusants whatsoever as well Popish as other except 35 Eliz. 1. § 2. N. 1. in the point of abjuration for Popish service is performed under Colour or pretence of Exercise of Religion and the assembly or meeting of Popish Recusants under such colour or pretence is an assembly or meeting contrary to the Laws and Statutes and they as well as others may be Indicted upon this Statute if they forbear to come to Church for the space of a month and be present at any part of the Popish service or move or perswade ut supra And may be Imprisoned without Bail until they conform and make submission as by 35 Eliz. 1. § 4. N. 1. is appointed but they cannot be required to abjure unless they offend aganst 35 Eliz. 2. § 8. N. 2. 2. A Popish Recusant is likewise subject to an Action of debt c. given to the Queen by this Statute 35 Eliz. 1. § 10. N. 2. Process XLIII The Laws c. 115. Abr. 110. Being thereof lawfully Convicted 35 Eliz. 1. § 1. N. 5. that is Convicted both of his absence from Church and of that other offence which makes him punishable by this Act viz. going to Conventicles or moving or perswading c. for his absence from Church for a month must be laid down precisely in the Indictment for without that the other is no offence within this Act. 2. And t is not necessary that the party be Convicted of such absence upon any prior Indictment for altho there was never any former Conviction of him for Recusancy yet if he offend against this Act 35 Eliz. 1. § 1. N. 5. in any of the other particulars he may be Convicted both of that offence and of his absence upon one and the same Indictment and so was the Indictment Mich. 16. Car. 1. in the Case of Lee and others 1 Cro. 593. pl. who were Indicted upon this Statute at the Sessions of the Peace in Essex for absenting themselves for a month from Church and resorting to Conventicles to which they pleaded not guilty and the Indictment was removed in B. R. to
Additions to Dalton cap. 81. Sect 7. 'T is said that no married Woman is punishable by this Statute 35 Elizabeth but are thereout excepted whereas in truth they are no where excepted throughout this Statute save only that they shall not be compelled or bound to abjure 35 Eliz. § 12. N. 1. For if a married Woman comes not to Church but forbears for a month and goes to Conventicles or any other Meetings or Assemblies under colour or pretence of the Exercise of Religion contrary to Law whether they be Popish or other or perswades others so to do or to forbear the Church or to impugne the Kings Authority in Causes Ecclesiastical she shall be imprisoned by force of this Act 35 Eliz. 1. § 1. N. 5. until she conform and submits her self but she cannot be further proceeded against so as to require her to abjure A Married Woman by this Act 35 Eliz. 1. § 10. N. 2. with her Husband is likewise punishable for her Recusancy by action of Debt c. brought against her and her Husband at the Kings Suit so that 't is a great mistake to say she is not punishable by this Statute Days XLIX The Laws c. 125. 126. Abr. 124. Note that this Act 35 Eliz 1. § 13. N. 4. being at first but temporary was afterwards discontinued Hutton 61 62. But is since revived by 3 Car. 14. 5. § 21. N. 1. and declared to be in Esse 16 Car. 2. 4. § 1. N. 1. 2. And in such Case it hath been questioned if a Statute be discontinued and afterwards revived how an Indictment thereupon shall conclude Parliament whither contra formam Statuti or Statutorum For if a Statute be temporary and afterwards continued for a longer time or made perpetual and never discontinued there without doubt it shall be contra formam Statuti But it hath been held by some that where it was once discontinued and then revived there it is as if there were two several and distinct Statutes and the Indictment shall conclude contra formam Statutorum 9 Eliz. Palmers Case But others have held the contrary and that there is not any difference in the Case of a Statute at first temporary and afterwards before any discontinuance continued for a longer time or made perpetual and a Statute discontinued and then revived but that it shall in both Cases be held but as one Statute and that the Conclusion shall be contra formam Statuti and not Statutorum unless where the Act of reviver makes any addition to the former Act or increaseth the penalty or forfeiture for then there is no doubt but they are two distinct Acts of Parliament and according to this latter opinion hath the practice been in Informations upon 5 Eliz. 9. of Perjury which determined 14 Eliz. and was revived 29 Eliz. 5. § 2. N. 3. and yet all Informations thereupon conclude contra formam Statuti And so as it seems ought all Indictments upon this Statute of 35 Eliz. 1. § 13. N. 4 notwithstanding its discontinuance and reviver Owen 135. Wests Case 2 Cro. 170. pl 9 Yelvert 116. pl. 165. and 3 Cro. 750. L. The Laws c. 137. Abr. 133. Days Within three months next after such person shall be apprehended or taken 35 Eliz. 2. § 8. N. 3. Wingate Crown 80. clearly mistakes the meaning for he saith that a Popish Recusant whose Estate is under value must make the submission prescribed by this Act within three months next after his arrival at his place of abode which is a complicated Error for he quite leaves out him who is to repair to the place where he was born or his Father or Mother dwells he makes the party lyable to such submission before he becomes an offender by not repairing or not presenting himself and giving in his true name or Travelling above five Miles He speaks nothing of his being apprehended whereas by the Act he cannot be required to abjure untill three months after his apprehension and he turns the three months after his apprehension into three months after his arrival all great mistakes and fit to be taken notice of by Justices of Peace whose part it is to require the submission and abjuration that they may not be misled in the Execution of this part of their office by trusting to that abridgment LI. The Laws c. 138. Abr. 134. Being thereunto required by the Bishop c. 35 Eliz. 2. § 8. N. 3. If the offender be not before the end of the three months next after his apprehension required by the Bishop a Justice of Peace or the Minister or Curate to make such submission he cannot be required afterwards nor be compelled to abjure by force of this Act but if he be required within the three months to make submission and refuse he may be at any time afterwards warned or required to abjure LII The Laws c. 138 139. Abr. 135. Exile The Oath of abjuration 35 Eliz. 2. § 8. N. 4. may be in this form or to this effect 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 again into any of his Majesties Dominions but by the Licence of our said Soveraign Lord the King or of his Heirs So help you God 3 Inst â—17 Stamford 119 120. Wilkinson 66. hath set down another form c. resembling that of a Felon c. vet Magna Chart. 167. b. 168. This hear you Sir Coroner that I J. M. of H. in the County of S. am a Popish Recusant and in the contempt of the Laws and Statutes of this Realm of England I have and do refuse to come to hear Divine Service there read and exercised I do therefore according to the intent and meaning of 35 Eliz. 2. § 8. N. 4. c. abjure the Land and Realm of King Charles now King of England Scotland France and Ireland and I shall hast me towards the Port of P. which you have given and assigned to me and that I shall not go out of the high-way leading thither nor return back again c. If I do I will that I be taken as a Felon of our said Lord the King and that at P. I will diligently seek for passage and I will tary there but one Flood and Ebb If I can have passage and unless I can have it in such space I will go every day into the Sea up to my knees assaying to pass over So God me help and his holy Judgment But in alluding to the old Oath for Felony c. Wilkinson is mistaken in the very Offence for which the Popish Recusant is to abjure by force of 35 Eliz. 2. § 8. N. 4. For the Offence is not his Refusal to hear Divine Service for that is but one of the precedent qualifications of the person but the offence it self is of another nature viz. his not repairing to
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.
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
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
five Miles of Oxford or Cambridge See 2 3 Ph. Mar. 15. § 2. N. 1. 13 Eliz. 21. § 3. N. 1. 39. Eliz. 18. VI. Crompt 155 b. Nor Purveyors of Noble Persons shall not be bailed who offend against 23 H. 8. 14. § N. touching taking of Victuals against the good will of the Subject 2. Nor Takers nor Purveyors of Victuals or Grain in the Vills of Oxford or Cambridge or within five Leagues thereof against 2 3 Phil. Mar. 15. 13 Eliz. 21. VII Lamberts Precedents 13 b. pl. 35. A Presentment for unlawful Purveyance Kanc. ss Juratores pro Dom. Rege super Sacramet ' suum present ' qd ' primo die Julij An. Regni dictâ— Dom. nostri Jacobi Dei ratia Angliae Franciae Hiberniae Regis Fidei Defens c. Quidam H.W. nuper de G. in dicto Com. Tipler apud C. in Com. predict ' prae se ferens asserens se esse unum ex provisoribus emptoribus Hospitij dicti Domini Regâ—s dicto primo die Anno supradicto Quo quidem tempore nullum ostendit aut secum habuit Warrantum sub magno aut parvo sigillo dicti Domini Regis apud C. predict ' in Com. predict ' tres Oves Castratas Anglicè vocatas Weathers pretij xx solid ' de Bonis Catallis J.S. de C. predict ' in dicto Com. Yeoman tunc ibidem existentes inventas sub colore Purveyanciae pro dicto Hospitio Illegitimè ac Felonicè cepit abduxit contra Pacem dicti Domini Regis ac contra formam diversorum Statutorum in hujusmodi casu provisorum editorum West Symb. 2 part 122. Sect. 171. VIII Kilb. Precedents 100. 101. A Mittimus for one that doth impress or take away any Cart or other thing from the Owner under pretence of Power from the Green-Cloth for Carriage of his Majesties Provisions not having lawful Authority to do the same 12 Car. 2. § 13. N. 1. To the Constables and Borsholders of the Hundred of A. in the said County and to the Keeper of his Majesties Goal at C. in the County aforesaid Kent ss For as much as it hath been made appear unto me upon the complaint of A.B. of c. in the County aforesaid that C. D. of E. hath Impressed a Cart for Carriage of his Majesties provisions without consent of the Owner on pretence or colour of a Warrant from the Green-Cloth contrary to the Intent of the Statute in that case made and provided These are therefore in his Majesties Name at the request of the said A. B. to will and require you the said Constables and Borsholders and every of you that you some or one of you do take the said C. D. and him deliver to the said Keeper of the Goal aforesaid together with this Precept Requiring and commanding also you the said Keeper to receive the said C. D. into the Goal aforesaid and him there safely to keep untill the next Sessions and thereof neither you nor any of you are to fail at your Peril given under my Hand and Seal the Second day of May Anno 31. Car. 2. c. IX Kilb. Precedents 101. A Warrant for providing Carriages by two Justices An 13 Car. 2. 8. § 2. N. 1. To the Constable and Borsholders of the Hundred of C. in the said County and to every of them Kent ss Whereas we have by Warrant from the Green-Cloth received notice to provide Carts and Carriages from the places adjacent for the present Service of his Majesty according to the form of the Statute in that Case made and provided these are therefore in his Majesties Name to will and require you and every of you that you some or one of you do cause four sufficient Carriages within the said Hundred each Carriage to consist of four able Horses or six Oxen or four Oxen and two Horses to be and attend for the Service aforesaid at B. in the said County upon the first of April next ensuing at Eight of the Clock in the Forenoon of the same day Hereof fail not at your Perils Given under our Hands and Seals c. X. Kilb. Precedents A Warrant to levy the Penalty for not appearing with Carriages for the King upon notice on 13 Car. 2. 8. § 2. N. 2. To the Constable and Borsholders of the Hundred of A. in the said County and to every of them Kent ss For as much as it hath been duely proved before us viz. two Justices by the Oath of the Officer or two other Credible Witnesses that A.B. of C. of the said County was by you some or one of you required to be and attend for his Majesties Service according to the form of the Statute in that case made and provided with one Carriage consisting as by the said Act is required at and in the County aforesaid upon the second day of May at seven of the Clock of the same day and that the said A. B. did make default therein contrary to the form of the Statute aforesaid these are therefore in his Majesties name to will and require you and every of you that you some or one of you do by Distress and sale of the Goods and Chattels of the said A. B. levy to his Majesties use Forty shillings by the said A.B. forfeited to his said Majesties use for the Offence aforesaid rendring to the said A. B. the Overplus upon such Sale if there be any Hereof fail not at your Perils Given undet our hands and Seals the Day of c. XI Kilb. Presedents 103. A Warrant for Rates for lodging and horsemeet on 13 Car. 2. 8. § 4. N. 1. To the Constable and Borsholders of the Hundred of A. in the said County and to every of them Kent ss Whereas we have received Notice from the Green-Cloth that his Majesty will shortly pass through the Road in this County leading between B. and C. we therefore according to the form of the Statute in that Case made and provided do set down and appoint the Rates and Prices to be paid during his Majesties abode within this division for Hay Oats and other Accommodations for Horses as is here under written which Rates are to be observed and kept and obeyed by all Persons concerned at their Perils And we do will and require you and every of you that you some or one of you do in the Market Town within the said Hundred on the Market-day now next ensuing cause to be proclaimed the Rates aforesaid As also that you do in like manner cause to be proclaimed the Rates aforesaid in all the Towns and Villages within the said Hundred within c. days now next ensuing to the end that notice may be taken of the same Rates and Prices Hereof fail not at your Perils Given under our Hands and Seals the day of c. For a Bushel of Oats c. And so ratable for every greater or lesser Quantity c. XII Kilb. Precedents 104. A
Warrant for levying the Penalty forfeited for not observing the Rates aforesaid on 13 Car. 28. § 5. N. 2. To the Constable and Borsholders of the Hundred of A. in the said County and to every of them Kent ss Forasmuch as it hath been duly proved before me that A. B. of C. in the said County Inn-keeper hath taken of C.D. Yeoman of the Gards more for his Lodging c. During his Majesties late abode within this Division than by the Justices of Peace of this County was according to the form of the Statute in that case made and Provided set down and appointed contrary to the form of the Statute aforesaid these are therefore in his Majesties Name to will and require you and every of you that you some or one of you do levy to the use of the said C. D. by Distress and Sale of the Goods and Chattels of the said A. B. 40 s. by him forfeited to the said C. D. for the Offence aforesaid returning the Overplus to the said A. B. the Charge of the Distraining being first deducted hereof fail not at your Perils Given under my hand and Seal the day of c. XIII Kilb. Precedents 105. A Warrant for providing of Carriages for the Kings use on 13. 14. Car. 2. 20. § 1. N. 2. To the Constable and Borshoulders of the Hundred of A in the said County and to every of them Kent ss Whereas we have received Notice in writing by Warrant under the Hands and Seals of A. and B. two Justices by Warrant of the L. High Admiral or two more of the Principal Officers or Commissioners of his Majesties Navy or Master of his Ordnance or Lieutenants of his Majesties Ordnance for providing of Carriages for the Service of his Majesties Navy or Ordnance These are therefore in his Majesties Name to require you and every of you that you some or one of you do cause to be sent to A. Ten Carriages on the Second day of May next furnished with Horses or Oxen sufficient for the said Service hereof fail not at your Peril Given under our Hands and Seals the day of c. XIV Kilb. Precedents 106. Another Warrant against him who refuseth to provide Carriages on 13 14 Car. 2. 20. § 3. N. 1. To the Constable and Borshoulder of the Hundred of A. in the said County and to every of them Kent ss Forasmuch as it hath been duly proved before us that B. C. having had reasonable Notice to bring one Carriage to T. upon the first day of May last for the service of his Majesties Navy or Ordnance according to the form of the Statute in that behalf lately made hath wilfully neglected so to do by which he hath forfeited 20 s. to the Kings Majesties use These are therefore in his Majesties Name to require you and every of you that you some or one of you do demand of the said B. C. to his Majesties use the aforesaid 20 s. and in default of Payment upon demand that then you some or one of you do forthwith levy the aforesaid 20 s. to the use aforesaid by distress and Sale of the Goods and Chattels of the said B. C. rendring to him the overplus upon such Sale if there shall be any the Charge of Distraining being first deducted hereof fail not at your Peril Given under our Hands and Seals the day of c. Quakers see Religion Quarrelling see Affray Quarter-Sessions see Justices Quorum see Justices Ransome see Amerciament Rape and Ravishment see Coron Women Razure see Records Rates see Taxes Poor Rebellion see Riot War Treason Recognizance Obligation Sureties Condition Release Certiorari Pardon Pledges I. LAmbert 101 102. A Justice of Peace saith Mr. Marrow may take this Surety of the Peace 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 Dalt 171. cap. 69. Bail 2. And by Marrows Opinion a Justice of the Peace may also take this Surety by an Obligation made to himself by the Name of Justice of 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 Records 3. F. N. B. 82. D. on the other side holdeth that such an Obligation taken to the King by a Justice of Peace is nothing worth for a man cannot be bound to the King saith he but only by matter of Record unless he will afterwards 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. Dalt 171. cap. 70. Obligation 4. But the new Statute 33 H. 8. 39. § 52. 2. N. 2. hath made a plain Law in these Cases and willeth that all Obligations and Specialties made for any cause touching the King shall be made in his own name by the words Domino Regi and to none other Person to his use and 33 H. 8. 39. § 52. 2. N. 3. ordaineth further That such Bonds shall be of the nature of a Statute Staple and that if any person take any Obligation otherwise he shall be imprisoned at the Pleasure of the King or of his Honourable Council 5. The safest way therefore is to take his Surety by Recognizance as is commonly used and that also by the words Domino Regi and then upon the forfeiture thereof the King shall have Execution accordingly II. Lambert 103 104. Peace Now if a Recognizance be meant to be taken for the Peace by a Justice of the Peace and yet do not contain within it or in the Condition thereof that it was taken for the keeping of the Peace it seemeth to be void as being taken Coram non Judice because a Justice of Peace hath not the power to take Recognizances generally but for matters concerning his Office specially Dalt 171. cap. 70. 2. And therefore Mr. Marrow addeth further That if the Recognizance be that the Recognizor shall not maim nor beat A. yet it is not good because it ought to be for the keeping of the Peace and that may be broken otherwise as by burning of the House of A. or by such like Misdemeanor Dalt 171. cap. 70. 3. Dayes Although this Recognizance do not comprehend any time of Appearance but be generally to keep the Peace yet it is good in Law saith Mr. Marrow because the chief scope is the keeping of the Peace and the time is referred to the Discretion of the Justice Dalt 172. cap. 70. 4. But as it was moved 2 H. 7. 1. pl. Records Whether the Justice of Peace ought to bring in the Recognizance to the Custos Rotulorum that the Party might be called upon it So by the Statute 3 H. 7. 1.
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
sufficient to repair the said Causey that then the Towns adjoyning within which that Causey or way doth lye ought to help to repair the same XXVII Dalt 72. cap. 26. Again Taxes if one occupieth a Plow-land in Pasture viz. six or eight score Acres or more of Pasture for feeding of Cattle but keepeth neither Cart nor Plow how shall he be charged to find a Cart or Draught that keepeth more and yet the words of the Statute seem to charge him 18 Eliz. 10. § N. Rast Entr. 199. Taxes XXVIII Kilb. Precedents 229. A Warrant to Collect the Tax for repairing Country-Bridges 22 H. 8. 5. § N. To A. B. and C. D. Inhabitants of the Hundred of E. in the said County and to every of them Kent ss These are in his Majesties Name to command you that you do forthwith collect and gather the several Sums of Mony specified in the Taxation herewith all delivered unto you of the several Persons therein mentioned to be Taxed upon them for the purpose in the said Taxation specified and that you do pay the same unto R.T. whom we viz. four Justices Quorum unus have appointed General Receiver of the Moneys raised for the purpose aforesaid within this Division of the several Hundreds on or before the second day of May deducting out of the same only 5 s. as by us allowed unto you for and towards your pains in Collecting and paying in of the same and in Case of refusal or neglect of payment of any of the said Parties so Taxed of the Money taxed upon them as aforesaid after demand made thereof by you or either of you that then you do certifie unto us or some or one of us the Names of the said Persons so refusing or neglecting with all convenient speed to the end that such further proceeding may be had thereupon as to Justice doth appertain Given under our Hands and Seals the 10 day c. Anno c. Taxes XXIX Kilb. Precedents 230. A Warrant for not paying the same Tax Collected for Bridges on 22 H. 8. 5. § N. To the Constable and Borshoulders of the Hundred of A. in the said County and to every of them Kent ss Forasmuch as Complaint hath been made unto us by R. T. c. by us appointed Collectors and Gatherers of the Moneys imposed upon the said Hundred for and towards the reparations of the several Bridges of D. in the said County that the several Persons whose Names are here under written have refused to pay unto them the several Sums of Mony adjoyned to their several Names being Taxed upon them for the purpose aforesaid although the same have been duly demanded of them These are therefore in his Majesties Name to command you that you some or one of you do cause the said several Persons to come before us or one of us or some other Justice of the Peace of the said County to answer to the Premisses and further to do and receive as to Justice doth appertain unless they shall forthwith pay the said Moneys unto you some or one of you which if they shall so do that then you so receiving the same do forthwith pay the said Moneys so received unto the said R.T. c. or one of them to the end that the same may be by them paid over to the General Receiver of the Moneys raised for the purpose aforesaid by us formerly appointed hereof fail not at your perils Given under our Hands and Seals at D. c. the 10. day c. Anno c. Charity XXX Crompt 200 b. the Bishop and his Chancellor and three Justices of the Peace have Power to Examine how Mony or other Relief appointed by King H. 8. or by any other to the use of Poor or to the Amendment of High-ways or Bridges is bestowd and to call to account the detainors thereof 14 Eliz. 5. § N. Reparation XXXI Crompt J. P. 82. Enquiry at Sessions of Common Bridges decayed whither any ought to repair them by Prescription or by their Tenure or by reason of any Lands that they have and what Lands they are c. 22 H. 8. 5. 2. Item Whether every Person for every Plow-land in Tillage or Pasture that he hath and occupieth and every other Person who keeps a Draught or Plow within the Parish where he abides sends at every day and place to the Reparation of the High-ways a Wayn or Cart furnisht according to the Custom of the Country with Oxen Horses or other Cattle and every thing necessary for that purpose and two able Men therewith on pain for every default of Draught 10 s. each day 2 3 Ph. and Mar. 8. and 27 Eliz. 12. 3. Item Whither every other Housholder Cottager and Laborer of this Parish who can labor not being any retained Servant by the year by themselves or by other sufficient Laborers for them labor in the Amendment of the High-ways on pain of 12 d. for every default 2 and 3 Ph. Mar. 8. 4. Item Whither every one who doth not inhabit in London assessed to 5 l in Goods or 40 s. in Lands to the subsidy so long as he is so assest and is not Chargeable by 2 and 3 Ph. and Mar. 8. if he be not a Cottager hath found to the Amendment of the High-ways two lawful Men to labor in the said ways 18 Eliz. 9. 5. Item Whither every one that occupieth a Plough-land in Tillage or Pasture lying within several Parishes hath found a Carriage where he inhabits to the Reparation of the High-ways 18 Eliz. 9. 6. Item Whither he that hath several Plow-lands in divers Vills hath come in each Vill or Parish with a Cart Wayn or Tumbrel to the Amendment of the High-ways there 18 Eliz. 9. 7. Quaere if the said Statute 18 Eliz. 9. gives the same pain in the said last Cases for those that make Default as 2 and 3 Ph. and Mar. 8. § N. gives 8. Item The Surveyors should present the Defaults of the aforesaid Persons to the next Justice of Peace within a Month next after the Offence on pain of 40 s. and the Justice must certifie it to the next Sessions on pain of 5 l. 5 Eliz. 13. 9. Such who are appointed to be Surveyors of High-ways must take the Office upon them on pain of 20 s. on refusal 2 and 3 Ph. and Mar. 8. 10. If Carriages be not necessary then he shall not send Carriages but shall send two able Men for every Carriage so spared to labor for that day on pain of 12 d. for every Man not sent 2 and 3 Ph. and Mar. 8. 11. The Owner of the Lands adjoyning shall clense scowr repair and keep the Hays Fences Ditches or Hedges next adjoyning to the High-way on every side and all Woods and Bushes growing in the High-ways shall be cut by the Owner on pain of 10 s. for every default 5 Eliz. 13 and 18 Eliz. 9. see 39 Eliz. 19. for repairing of the High-ways
in Sussex c. XXXII Crompt J. P. 94. Enquiry in Sessions if the High-ways of Market Towns be enlarged and cleansed from Wood and Underwood by the space of 200 foot on each side if there be no Oaks and Great Trees so that all be clear under them 2. If Robery be done by default of not clensing or keeping of the said Ways he that should do it shall answer for the Robery and for the Murder done there and shall be fined to the King at his will 13 Ed. 1. St. 2. Winch. 5. Way-laying see Coron Waifs see Coron Chattels Wainlings see Cattel Wales I. LAmbert 610. The Quarter Sessions are to enquire hear and determine on 26 H. 8. 5. of Passage over the Severn Crompt 95 b. 2. Of 3 Jac. 23. for making up of Chepstow Bridge 3. Of 3 Jac. 24. for re-edifying a Bridge over Severn War Guns Hand-Guns Shooting Captains Souldiers Musters I. LAmbert 475. Enquiry in Sessions if any Person being generally or specially Commanded to Muster before any having Authority for the same have without true and reasonable Cause absented himself or have not brought with him in readiness his best Furniture of Array and Armour of his own Person Crompt 48 b. 4. 5 Phil. Mar. 3. § N. 2. If any Person authorized to Muster or to levy Men for the King's Service in War have taken any Reward for the discharge or sparing of any Person from that Service 3. Or if any Person having Charge of Men for Warfare have not paid to his Souldiers their whole Wages Conduct and Coat-money or have for any gain licenced any of them to depart out of the Service 2 3 Ed. 6. 2. § N. 4. If any Souldier serving the King in his Wars have given away wilfully purloined or put away any Horse Gelding Mare or Harness wherewith he was set forth 2 3 Ed. 6. 2. § N. Crompt 89 b. 125 b. 155. Dalt 134. bis cap. 52. II. Lambert 422 423. Enquiry in Sessions if any Souldier entred a Souldier of Record and having taken part of the King's Wages or any Mariner or Gunner having taken present Wages to serve the King on the See have not accordingly gone to his Captain unless he were letted by notorious Sickness or other Judgment from God or have departed from his Captain without his Licence under his Seal 18 H. 6. 19. § N. 2 3 Ed. 6. 2. § N. 4 5 Ph. Mar. 3. § N. 5 Eliz. 5. § N. But consider whether this Entring of Record have any use now Crompt 117 b. § 20. 2. If any Souldier or Mariner or other Person as Souldier or Mariner 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 carried the same knowing it Counterfeit 39 Eliz. 17. Dalt 135. bis cap. 52. III. Lambert 295 296. Guns Every Person finding or seeing any to offend the Statute made against the shooting in Cross-bows and Hand-Guns may arrest and bring or convey him to the next Justice of Peace of the County where he was found offending who upon due Examination and Proof thereof before him made may by his Discretion Commit him to the Goal there to remain till he shall truly pay the one Moiety of the Forfeiture of this Statute to the King and the other Moiety to such first bringer or conveyor 33 H. 8. 6. § N. Dalt 64. cap. 24. 2. In this and such other Cases the Justice of Peace having as it seemeth the whole matter committed to himself alone ought to be wary and circumspect lest either he rashly condemn the Guiltless or negligently suffer the Guilty to Escape Dalt 65 66. cap. 24. 3. And upon the Offence sufficiently proved it is necessary that in his Mittimus or Precept to the Goaler there be contained the Names of the Parties with the manner of the Offence and how long time he is to be kept in Prison for it 4. Furthermore he is to make a Record of the Matter and to send the Estreat of it into the Exchequer whereby the Barons may upon Intelligence thereof cause the King's Duty to be levied to his use IV. Lambert 296 297. A Mittimus for unlawful shooting in a Cross-bow or Hand-gun 33 H. 8. 6. § N. To the Keeper of his Majesties Goal at M. in the said County and to his Deputy or Deputies there and to every of them Kent ss Forasmuch as this present day A. B. and C. D. of H. in the said County Yeomen did arrest and bring before me at H. aforesaid one J. S. of H. in the said County Mariner whom they had seen and found the same day as they said shooting in a Hand-gun charged with Powder and a Pellet at a Coney in a certain place in C. within the said County called the Church-field contrary to the Law of this Realm and thereupon praid me that Justice might be done in that behalf J. L. Kt. being the next Justice of Peace in the said County to the place aforesaid did then at H. aforesaid upon the said Request take the Examination of the said J. S. and did then also and there hear the Proofs of them the said A.B. and C. D. touching the said Offence and for that it did then manifestly appear unto me as well by the Testimonies of them the said A. B. and C. D. as also by the plain Confession of him the said J. S. that he had not then Lands Tenements Fees Annuities or Offices to the clear yearly value of 100 l. and that he had shot in the said Hand-gun in manner and form as is aforesaid I do send unto you herewith the Body of him the said J. S. as lawfully Convicted of the said Offence before me requiring you in his Majesties Name to receive him unto your said Goal and him there safely to keep as his Majesties Prisoner until that he shall have truly paid the Pain and Forfeiture of 10 l. of lawful Money of England laid upon him for his said Offence by the Statute thereof made in the 33th year of the Reign of the late King Henry the Eighth that is to say the one Moiety thereof to our said Soveraign Lord and the other Moiety to them the said A. B. and C. D. the first bringers of him before me and this shall be your sufficient Warrant in this behalf hereof fail you not as you will Answer for your Contempt at your own peril Given at H. aforesaid the 20th day of March in the second year of the Reign c. By me the said K. L. V. Lambert 298 299 300. The Record of Conviction for shooting in a Hand-gun contrary to 33 H. 8. cap. 6. Kanc. ss Memorand ' quod 20 die Maij Anno Regni c. A. B. C. D.