Piece of Timber away will use dreadfull words as to say that he will carry it in spight of him that hath it or that he will have it though he dye for it or such like his doing may then become a Riot by Marrow Crompt 61 b. § 8. IV. Lambert 178 179 180. Furthermore the Intention and purpose of those that be Assembled is worthy the weighing for to use Horns on Midsomer-night in London or on May-day in the County for sport only is no such Offence seeing no terror followeth it and the words in terrorem populi seem to be material in an Indictment of this kind Crompt 61. § 7. 64. § 43. 3 H. 7. 1. Riots Br. 2. 2. So if the Sheriff or his Bailiff do levy People to serve the Kings Writ of Capias or if a Constable do gather Assistance of Men with weapon to part an Affray it maketh no Riot 3 H. 7. 1. 10. 3. So if a Man hearing that another will fetch him out of his House and beat him do assemble company with force it will be no unlawfull Assembly for his House is his hold and Castle Crompt 64. pl. 42. 70. pl. 2. Dalt 217. cap. 85. 4. But if he be only threatned that he shall be beaten if he go to the Market then may he not assemble Company for his aid because he needeth not to go thither and he may provide for himself by Surety of the Peace 21 H. 7. 39. per Fineux 5. And if many be assembled and none of them knoweth to what end it can make no Rout nor Riot as Marrow thought till the Intent be known for if the Master intend to make a Riot and take his usual Servants with him not foretelling them what he intended to do and then committeth an Outrage with them this is no Riot in them for although he shall be punished they shall be Excused But otherwise it is if he make them privy to his purpose for then they also shall be punished by Marrow and Reported by Dalison Crompt 61 b. 62. § 13. And in the former Case it is not material whether his number of Servants be above his degree or no so long as they be his Menials or Household men Dalison Dalt 220. cap. 86. 6. If many be at an Alehouse a Christmas-Dinner or Church-Ale and without any intent of an Affray they sodainly fall together by the Ears and make it Lapitharum Convivium yet this is no Riot but a sodain Affray because they had no such Intention Crompt 61 b. § 12. But if in that Affray they shall be taken themselves to sundry parts it may become a Riot as Marrow thinketh for then it is not the first but a new Assembly as it were in his meaning 7. And if twelve Jurors being committed to their Keeper do fall out and fight six against six this maketh no Riot saith Marrow because they were lawfully Assembled and were compelled to be in company together 8. But if a number of Women or Children under the Age of Discretion do flock together for their own Cause this is none Assembly punishable by these Statutes unless a Man of Discretion moved them to assemble for the doing of some unlawfull act as M.E. Marrow writeth Dalt 222. cap. 88. Yet I remember well that not many years ago sundry Women were punished in the Star-Chamber and that worthily because putting off that shamefastness which beseemeth their Sex they Arraied themselves in the Attire of Men and assembling in great number they most riotously pulled down a lawful Inclosure Crompt 62. infra 9. Finally Marrow noteth that if the Mayor and Commonalty of a Town do Assemble and make a Rout in their Common Quarel this Offence shall be Judged and punished in their Natural Persons and not in their Body Politick Crompt 62. § 18. V. Lambert 167 168. The Stat. 2 Ed. 3. 3. of Northampton is of late days frequently put in ure for the punishment of forcible Entries Crompt 71 b. 72 a. Poult de Pace 40. § 28. 2. That Law 2 Ed. 3. 3. in Effect and for this purpose is thus No Man whatsoever except the Kings Servants and Ministers in his Presence or in Executing his Precepts or their Offices and such as shall assist them and except it be upon loyal Proclamation made for Arms to keep the Peace and that in places where such Acts do happen be so hardy to come before the Kings Justices or other his Ministers doing their Office with force and Arms. 2 Ed. 3. 3. § 1. N. 2. Nor bring any force in Affray of the Country 2 Ed. 3. 3. § 1. N. 3. Nor go nor ride Armed by night or by day in Fairs or Markets or in presence of the Justices or other Ministers nor in any place elsewhere upon pain to forfeit his Armor to the King and his Body to Prison at the Kings pleasure 3. Upon this Statute 2 Ed. 3. 3. he that is put out or holden out of his Land with force useth to have at this day a Writ directed out of the Chancery either to the Sheriff only as F. N. B. 249. E. rehearseth it for I find it not in the Register or else Custodibus pacis ac Vicecomitibus eorum cuilibet as the common manner is 4. Commanding that Proclamation be made upon 2 Ed. 3. 3. and that if any be afterwards found offending against the same they shall be committed to Prison there to remain untill some other commandment be given concerning them and that their Armor and Weapon shall be prised and the same answered to the use of the Kings Majesty VI. Lambert 168 169 170. But forasmuch as that Justice of Peace to whom this Writ shall be delivered is to make Execution of the same as a Minister only and is to certifie his doing therein I think good to lend these few helps towards it 2. At his coming to the Place where the force is supposed by the Writ he may cause three Oyes for Silence to be made with this or such another Proclamation The Kings Majesties Justice of his Peace straitly chargeth and in his Majesties Name Commandeth all and every Person to keep Silence whilst his Majesties Writ upon the Statute made at Northampton in the second year of King Edw. 3. his noble Progenitor delivered to the said Justice be read and Proclamation be thereupon made accordingly Crompt 72 Ab. 3. Then may he read the Writ or declare the Effect thereof in English After that let three other Oyes be made and thereupon may this Proclamation follow His Majesties said Justice doth in his Highnesses name and by vertue of his said Writ straitly charge and command that no manner of Person of what Estate degree or condition soever now being within the House of A. B. c. named in the said Writ shall go Armed nor keep force of Armor or Weapon nor do any thing there or elsewhere in disturbance of his Majesties Peace or in Offence of the said Statute upon the
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
again and go wandering and will not Labour as they were wont in times past Process And to take and arrest all those that they may find by Indictment § 1. N. 5. or by Suspition to put them in Prison Bayl. And to take of all them that be not of good Fame § 1. N. 6. where they shall be found sufficient Surety and Mainprize of their good behaviour towards the King and his People and the other duly to punish to the Intent that the people be not by such Riotors or Rebells troubled nor endamaged nor the Peace blemished nor Merchants nor others passing by the high-ways of the Realm disturbed nor put in the peril which may happen of such Offenders 1 R. 3. 3. § 1. N. 2. Coron And also to Hear and Determine at the Kings Suit § 1. N. 7 all manner of Felonies and Trespasses done in the same County according to the Laws and Customs aforesaid Justices And that Writs of Oyer and Terminer § 1. N. 8. be granted according to the Statutes viz. 2 Ed. 3. Cap. 7. thereof made and that the Iustices which shall be thereto Assigned be named by the Court and not by the Party Enquest And the King will that all general Enquiries before this time granted § 1. N. 9. within any Seigniories for the Mischeifs and Oppositions which have been done to the People by such Inquiries shall cease utterly and be repealed Amerciaments And that Fines which are to be made before Iustices for a Trespass done by any Person be reasonable and just § 1. N. 10. having regard to the quantity the Trespass and the causes for which they be made Measures Item It is Accorded that they which shall be Assigned to keep the Peace Cap. 5. shall have Power to Enquire of Measures according to the Statute thereof made the five and twentieth year of the Reign of our Lord the King viz. 25 Ed. 3. St. 5. Cap. 9. Days Item That in the Commissions of Iustices of the Peace 36 Ed. 3. C. 12. and of Labourers Express mention be made that the same Iustices make their Sessions four times by the year that is to say one Sessions within the Utas of the Epiphany the second within the second week of Lent the third between the Feasts of Penticost and of St. John Baptist the fourth within the eight days of St. Michael 2 H. 5. Cap. 4. § 2. N. 2. 25. Ed 3. Cap 8. Enquest It is Assented c. that c. in all Enquiries within the Realm 42 Ed. 3. C. 4. § 1. N. 2. Commissions shall be made to some of the Iustices of the one Bench c. or Iustices of the Peace with others of the most worthy of the County c. Accountant And that he viz. that will Complain of Sheriffs C. 9. § 1. N. 4. Leavying of the Kings Debt c. have his Suit as well before Iustices of the Peace as before other Iustices Statuta Rich. 2. Peace ITem 1 R. 2. Cap. 2. Our Lord the King greatly desiring the Tranquillity and quietness of his People Willeth and straightly Commandeth that the Peace within this Realm of England be surely observed and kept so that all his Lawful Subjects may from henceforth Safely and Peaceably go and come and dwell according to the Law and Vsage of the Realm Pleading And that Iustice and Right § 1. N. 6. be indifferently Ministred to every Person Riot Commissions shall be awarded to arrest Rioters 2 R. 2. C. 7. and other persons Offensive to the Peace and to Imprison them A Repeat of the Statute of 2 Rich. 2. Cap. 7. touching Riots 2 R. 2. St. 2. C. 2 Justices A profitable Act not Printed 4 Inst 176. 3 R. 2. N. 39. Rot. Pat. Treason It shall be Treason to begin a Riot or Rumour 1 Ed. 6. 5 R. 2. C. 6. § 1. N. 2 Cap. 12. Cap. 7. § 1. N. 2. And in such case viz. where entry is given by Law not with strong hand nor with multitudes of people Force but only in peaceable and easy manner 15 Ric. 2 Cap. 2. 7 Ric. 2. Ca. 5. Iustices c. shall Examine Vagabonds Poor bind them to their good abearing or Commit them to prison Cap. 13. Item It is ordained and assented Riot and also the King doth prohibit that from henceforth no man shall ride in Harness within the Realm Contrary to the form of the Statute viz. 2 Ed. 3. Cap. 3. of Northampton thereupon made neither with Launcegay within the Realm the which Launcegayes be cleerly put out within the Realm as a thing prohibited by our Lord the King upon pain of Forfeiture of the said Launcegayes Armours and other Harness in whose hands or possessions they be found that bear them within that Realm Contrary to the Statutes and Ordinances aforesaid without the Kings special Lycene 20 Rich 2. Cap. 1. 12 Ric. 2. Ca. 2 Item Chancery It is accorded that the Chancellor c. and all others that shall be called to ordain name or make Iustices of Peace c. shall be firmly sworn that they shall not ordain c. for any gift or Brocage Favour or Affection Cap. 10. Item It is ordained and agreeed Justices that in every Commission of the Iustices of Peace there shall be Assigned but six Iustices with the Iustices of Assises 14 Ric. 2. Cap. 11. § 1. N. 2. And that the said six Iustices shall keep their Sessions in every Quarter of the Year at least and by three dayes if need be Dayes upon pain to be punished according to the Discretion of the Kings Counsel at the suit of every man that will Complain 25 Ed. 3. Cap. 8. and 2. H. 5. Cap. 4. § 2. N. 2 14 H. 6. Cap. 4. N. 4. § 1. N. 3. And they shall enquire diligently among other things touching their Offices if the said Majors Bayliffs Stewards Constables Enquest and Goalers have duly done Execution of the said Ordinances viz. 12 R. 2. Cap. 3. 4. 5. 6. 7. 8. 9. Of Servants and Labourers Beggars and Vagabonds and shall punish them that be punishable by the said pain of an hundred shillings by the same pain and they that be found in default and be not punishable by the same pain shall be punished by their Discretion § 1. N. 4. And every of the said Iustices shall take for their wages four Shillings the day for the time of their said Sessions Fees and there will be two shillings of the Fines and Amerciaments rising and coming of the same Sessions by the hands of the Sheriffs § 1. N. 5. And that the Lords of Franchises shall be contributory to the said Wages after their rate of their part of Fines and Amerciaments aforesaid Franchise § 1. N. 6. And that no
requisite Process such and so many persons as by their Discretion have or shall have best experience in the Occupation of making of Tile to search or examin in the digging casting turning parting making whitning and anealing aforesaid § 1. N. 18. And if the same Searchers or any of them do find Indictment that any person or persons exercising the Occupation of Tile-making do offend contrary to this Ordinance that then the same Searchers shall present such Defaults before the Iustices of Peace at their next Sessions § 1. N. 19. And that every such Presentment shall be as strong and effectual in the Law as the Presentment of twelve men Enquest § 1. N. 12. And that the Iustices of Peace shall have power to examin Justices Enquire and determin the Defaults of such Searchers in the Premises in like form as above is ordained for the Defaults of Tile-makers Statuta Rich. 3. Bayl. BE it enacted 1 R. 3. Cap. 3. § 1. N. 2. c. that every Iustice of Peace in every Shire City or Town shall have Authority and Power by his or their Discretion to Let such Prisoners and Persons so arrested Viz. on malice or light Suspition of Felony to Bail or Mainprize in like form as though the same Prisoners or Persons were Indicted thereof of record before the same Iustices in their Sessions 3 H. 7. Cap. 3. § 1. N. 7. and 34 Ed. 3. 1. § 1. N. 6. Coron And that Iustices of Peace have Authority to Enquire in their Sessions § 1. N. 3. of all manner Escapes of every person Arrested and Imprisoned for Felony Fines And it is Ordained c. that a like Transcript of the same Fine Cap. 7. § 2. N. 1. viz. in C. B. shall be sent to the Iustices of Peace of the County where the said Lands c. be they to cause open and solemn Proclamation of the said Fine to be made at four general Sessions of the Peace to be holden the same year Statuta Hen. 7. Forest THE King our Soveraign Lord c. Ordained 1 H. 7. Cap. 7. § 1. N. 3. that at every such time as Information shall be made of any such unlawful Huntings viz. in Forests Parks and Warrens by night or with painted faces hereafter to be done to any of the Kings Counsel or to any of the Iustices of the Kings Peace of the County where any such Hunting shall be had of any person to be suspect thereof that then it shall be lawful to any of the said Iustices of Peace or Counsel to whom any such Information shall be made to make a Warrant to the Sheriff of such County or to any Constable Bailiff or other Officer within the same County to take and arrest the same person or persons of whom any such Information shall be had and to have him or them before the Maker of any such Warrant or any other the Kings said Counsel or Iustice of his place of the same County Justices And that the said Counsellor or Iustice of Peace afore whom such person or persons shall be brought § 1. N. 4. by his Discretion have power to examin him or them so brought afore the said Counsellor or Iustice of the said Hunting and of the said Defaults in that behalf Amercement And if he then confess truth § 1. N. 6. and all that he shall be examined of and knoweth in that behalf that then the said Offences of Huntings by him done be against the King our Soveraign Lord but Tresspass Finable by reason of the same Confession at the next general Sessions of the Peace to be holden in the same County by the Kings Iustices of the same Sessions there to be Sessed Enquest And over that 3 H. 7. C. 1. § 1. N. 4. viz. besides the Star Chambers Jurisdictions it is Ordained c. that the Iustices of Peace of every Shire of this Realm for the time being may take by their Discretion an Enquest whereof every man shall have Lands and Tenements to the yearly value of forty shillings at the least to enquire of the Concealments of other Enquests taken afore them and afore other of such matters and Offences as are to be enquired and presented before Iustices of Peace whereof Complaint shall be made by Bill or Bills as well within Franchis as without Amercement And if any such Concealment be found of any Enquest as is afore rehersed had or made within the year after the said Concealment § 1. N. 5. every person of the same Enquest to be Amerced for the same Concealments by Discretion of the same Iustices of the Peace the said Amercements to be Sessed in plain Sessions §. 1 N. 21. And also Iustices of Peace have Power to enquire of such Escapes Escape viz. of Murderers in the Day and that to certifie before the King in his Bench. § 1. N. 26. And also it is Ordained by the same Authority Peace that every Iustice of Peace within this Realm that shall take any Recognizance for the keeping of the Peace that the same Iustice do certifie send or bring the same Recognizance at the next Sessions of the Peace where he is or hath been Iustice that the party so bound may be called § 1. N. 27. And if the party make Default Justices the same Default then there to be recorded and the same Recognizance with the Record of the same Default be sent and certified into the Chancery or afore the King in his Bench or into the Kings Exchequer Cap. 3. § 1. N. 3. Wherefore the King c. hath ordained Bail c. that the Iustices of Peace in every Shire City or Town or two of them at the least whereof one to be of the Quorum have Authority and Power to Let any such Prisoners or persons mainpernable by the Law that have been Imprisoned within their several Counties City or Town to Bail or Mainprize unto their next general Sessions or unto the next Goal-Delivery of the same Goals in every Shire City or Town as well within Franchises as without where any Goals be or hereafter shall be 1 2 Ph. Mary 13. § 1. N. 2. § 1. N. 4. And that the said Iustices of the Peace or one of them Certificate so taking any such Bail or Mainprize do certifie the same at the next general Sessions of the Peace or the next Goal-Delivery of any such Goal within every such County City or Town next following after any such Bail or Mainprize so taken upon pain to forfeit unto the King for every Default thereupon recorded 10 l. § 1. N. 7. And that the foresaid Act viz. 1 R. 3 Cap. 3. § 1. N. 2. Joynder giving Authority and Power in the Premisses to any Austice of the Peace by himself be in that behalf utterly Void and of none Effect by
Authority of this present Parliament 4 H. 7. C. 12. Item The King our Soveraign Lord considereth that by the negligence Justices misdemeaning favour and other Inordinate Causes of Iustices of Peace in every Shire of this his Realm the Laws and Ordinances made for the politick-weal peace and good-rule of the same and for the profit surety and restful living of his Subjects of the same be not duly Executed according to the tenor and effect of that they were made and ordained for § 1. N. 2. Wherefore his Subjects been greivously hurt Prerog and out of surety of their Bodies and Goods to his great displeasure for to him is nothing more joyous than to know his Subjects to live peaceably under his Laws and to encrease in Wealth and Prosperity § 1. N. 3. And to avoid such Enormities and Injuries Peace so that his said Subjects may live restfully under his Peace and Laws to their Encrease § 1. N. 4. He will that it be Ordained and Enacted by Authority of this said Parliament Days that every Iustice of Peace within every Shire of this Realm within the Shire where he is Iustice of Peace do cause openly and solemnly to be proclamed yearly four times a year in four principal Sessions the tenor of this Proclamation to this Bill annexed § 1. N. 5. And that every Iustice of Peace being present at any of the said Sessions Justices if they cause not the said Proclamations for to be made in form abovesaid shall forfeit unto our Soveraign Lord at every time twenty shillings § 2. N. 1. Henricus Dei Gratia c. The King our Soveraign Lord considereth Execution how daily within this Realm his Coin is Traiterously Counterfeited Murders Robberies Felonies been greivously committed and done and also unlawful Reteyners Idleness unlawful Plays Extortions Misdemeanings of Sheriffs Escheators and many other Enormities and unlawful Demeanings daily grown more and more within this Realm to the great Displeasure of God Hurt and Impoverishing of his Subjects and to the Subversion of the Policy and good Governance of this his Realm for by these sad Enormities and Mischeifs his Peace is broken his Subjects troubled inquieted and impoverished the Husbandry of this Land decayed whereby the Church of England is upholden the Service of God continued every man thereby hath his sustenance every Inheritor his rent for his Land Process For repressing and avoyding of the said mischeifs sufficient Laws and Ordinances been made by Authority of many and divers Parliaments holden within this Realm to the great cost of the King § 2. N. 2. his Lords and Commons of the same and lacketh nothing but that the said Laws be not put in due execution which Laws ought to be put in due execution by the Iustices of Peace of every Shire of this Realm to whom his Grace hath put and given full authority so to do sith the beginning of his reign Justices And now it is come to his knowledg § 2. N. 3. that his Subjects be little cased of the said mischeifs by the said Iustices but by many of them rather hurt than helped and if his Subjects complain to these Iustices of Peace of any wrongs done to them they have thereby no remedy and the said mischeifs do increase and be not subdued Peace And his Grace considereth § 2. N. 4. that a great part of his wealth and prosperity of his Land standeth in that that his Subjects may live in surety under his Peace in their bodies and goods and that the Husbandry of this Land may increase and be upholden which must be had by due execution of these Laws and Ordinances chargeth and commandeth the Iustices of the Peace of this his Shire to endeavour them to do and execute the tenor of their Commission and the said Laws and Ordinances ordained for the subduing of the premises as they will stand in love and favour of his Grace and in avoyding of the pains that are ordained if they do the contrary Process And moreover he chargeth and commandeth § 2. N. 5. that every man what degree or condition that he be of that let them in word or deed to execute their said authority in any manner and form abovesaid that they shall shew it to his Grace and if they do it not and it come to his knowledg by other than by them they shall not be in his favour but taken as men out of credence and be put out of Commission for ever Execution And over this he chargeth and commandeth all manner of men as well the poor as the rich which be to him all one in due ministration of Iustice that is hurt or grieved in any thing § 2. N. 6. that the said Iustice of Peace may hear determine or execute in any wise that he so grieved make his complaint to the Iustice of Peace that next dwelleth unto him or to any of his fellows and desire a remedy Justices And if then he have no remedy § 2. N. 7. if it be nigh such time as his Iustices of Assizes come into that Shire that then he so grieved shew his complaint to the same Iustices Chancery And if then he have no remedy § 2. N. 8. or if the complaint be made long afore the coming of the Iustices of Assize then he so grieved come to the Kings Highness or to his Chancellor for the time being and shew his grief Process And his said Higness then shall send for the said Iustice to know the cause why his said Subjects be not eased and his Laws executed § 2. N. 9. whereupon if he find any of them in default of executing of his Laws in the premises according to his Highness commandment he shall do him so offending to be put out of the Commission and further to be punished according to his merits Justices And over that his said Highness shall not let for any favour § 2. N. 10. affection cost charge nor other cause but that he shall see his Laws to have plain and true execution and his Subjects to live in surety of their lands bodies and goods according to his said Laws and the said mischeifs to be avoyded that his Subjects may increase in wealth and prosperity to the pleasure of God Measures And that the Iustices of Peace of every Shire of England have full authority and power to inquire hear 7 H. 7. cap. 4. § 1. N. 12. or determine the said defaults viz. in Weights and Measures c. Games And that the Housholder where Dicing Carding Tennis-playing 11 H. 7. C. 2. § 1. N. 14. Bowls Clash or any other unlawful games afore rehearsed shall be used owise than is afore rehearsed viz. in Christmas in the presence of the Master and that lawfully be presented before the Iustices of Peace the Mayor Sheriff in his Turn
such Bastard shall be born upon examination of the Cause and Circumstance shall and may by their discretion take order as well for the punishment of the Mother and reputed Father of such Bastard Child as also for the better relief of every such Parish in part or in all 39 Eliz. Cap. 4. § 1. N. 1. 3 Car. 1. Cap. 4. 5. § 15. N. 2. § 2. N. 3. And shall and may likewise by like descretion Poor take order for the keeping of every such Bastard Child by charging such Mother or reputed Father with the payment of mony weekly or other sustentation for the relief of such Child in such wise as they shall think meet and convenient § 2. N. 4. And if after the same Order by them subscribed under their hands Imprisonment any the said persons viz Mother or reputed Father upon notice thereof shall not for their part observe and perform the said Order that then every such party so making default in not performing of the said Order to be committed to Ward to the common Goal § 5. N. 3. And that likewise in every other Market-Town or other Place viz. not Corporate within every County of this Realm Justices whereto the Iustices of Peace or greater part of them in their general Sessions next after Easter within every limit shall be thought meet and convenient a like competent store and stock of Wool Hemp Flax Iron or other Stuff as the Country is most meet for by Appointment and Order of the said Iustices of Peace or the greater part of them in their general Sessions of all the Inhabitants within their several Authorities to be taxed levyed and gathered shall be provided viz. for the Poor § 6. N. 1 And moreover be it Ordained Poor c. that within every County of this Realm one two or more abiding houses or places convenient in some Market-Town or Corporate-Town or other place c. by Purchase Lease Building or otherwise by the appointment and order of the Iustices of Peace or the more part of them in their said general Sessions of Inhabitants within their several Authorities to be taxed levyed and gathered shall be provided and called the house or houses of Correction § 7. N. 1. And be it also further Enacted Officer c. that the said Iustices of Peace or the more part of them in their said general Sessions in every County shall and may appoint from time to time persons which shall be Overseers of every such house of Correction c. § 7. N 2. And shall also Taxes c. appoint others for the gathering of such mony as shall be taxed upon any person c. towards the maintenance of the said houses of Correction § 15. N. 1. Provided always and be it Enacted Justices c. that if any Iustice of the Peace assembled at any the said Sessions next after Easter shall from thence depart before conference had touching the Execution of this Statute he shall for every such Offence forfeit 5 l. to be recovered and levyed as a Fine upon Indictment and Conviction of Trespass c. Information And that Iustices of Oyer and Terminer C. 5. § 4. N. 4. Iustices of Assize in their Circuits and Iustices of Peace in their quarter Sessions shall have full Power and Authority to hear and determine all Offences to be committed or done viz. in Suits upon any Penal Statutes contrary to the true intent and meaning of this present Act. Ways And be it further Enacted c. that all and every Iustices of Assize C. 10. § 9. N. 1. Iustices of Oyer and Terminer Iustices of Peace in the Sessions and Stewards of Leets and Law-days in their Leets and Law-days shall hear and determine all and every Offence Matter and Cause that shall grow come or rise by reason of this Statute viz. of amending High-ways Pope And be it likewise Enacted 23 Eliz. C. 1. § 8. N. 1. that all and every Offences against this Act or against the Acts c. viz. 1 Eliz. Cap. 1. 5 Eliz. Cap. 1. 13. Eliz. Cap. 2. c. touching acknowledging her Majesties supreme Government in Causes Ecclesiastical or other matters touching the Service of God or coming to Church or Establishment of true Religion in this Realm shall and may be inquirable as well before Iustices of Peace as other Iustices named in the same Statutes within one year and a day after every such Offence committed any thing c. notwithstanding Justices And Iustices of Peace in their open quarter Sessions of Peace § 9. N. 2. shall have Power by vertue of this Act to inquire hear and determine of all Offences against this Act except Treason and misprision of Treason Slander And also that all Iustices of Peace as well within Liberties as without C. 2. § 8. N. 1. within the limits of their several Commissions in their general or quarter Sessions shall by vertue hereof have full Power and Authority to inquire of all and every the Offences aforesaid viz. of false News and Prophesies against the Queen c. and to cause the Offender c. therein to be indicted without any further proceeding therein Imprisonment And that also every Iustice of Peace within the limits of his Commission § 8. N. 2. shall have full Power and Authority to commit any person being vehemently suspected of any of the said Offences to Ward unless he do put in Sureties to make his personal appearance at the next quarter Sessions or Goal-delivery c. Days Provided always and be it Enacted c. that no manner of person § 10. N. 1. c. shall be molested or impeached for any the Offences concerning speaking or reporting c. unless he or they be thereof accused within one Month next after such words so spoken or reported before some one Iustice of the Peace and the Witnesses therein to be used named to the same Iustice Proof And the same Accusation and Witnesses Names § 10. N. 2. put in Writing by the said Iustice and certified at the next quarter Sessions or Goal-delivery Drapery For Reformation c. be it Ordained C. 9. § 2. N. 1. c. that all such Log-wood alias Block-wood in whose hands soever the same shall be found c. shall be forfeited and openly burned by Authority of the Mayor c or of two Iustices of Peace of the County where it shall be found Fowl The same Bond viz. not to take Fesant or Partridge in two years to be taken by some Iustice of Peace of the County where the said Offence viz. of undue taking with Nets c. shall be committed C. 10. § 2. N. 6. Justices Provided always and be it further Enacted § 5. N. 1. c. that the Iustices of Assizes in their Circuits and Iustices of Peace in
to punish the Offender by Fine not exceeding one Hundred pounds and the Offender is to remain in Prison till he be discharged by order of the Exchequer both of the Fine and of the Imprisonment or discover the Person that set him on work to the End he may be legally proceeded against Merchants And further that in Case any Carman Porter Waterman or other Person § 7. N. 3. c. shall assist in the taking up or Landing Shiping off or carrying away any such Goods Wares or Merchandize viz. not Landed in the presence of an Officer of the Customes c. that then such Carman Porter Waterman or other person or persons so offending being apprehended by Warrant of any Iustice of the Peace for that County City or Borough which the said Iustices and every of them are hereby Authorized to Issue and to Examine Witnesses upon Oath concerning that fact and the same being proved by the Oath of two Witnesses the said Offender for such first Offence shall and may by such Iustice of the Peace be committed to the next Goal there to remain till he and they find sufficient Surety to be of the good Behaviour for so long time until he and they shall be thereof discharged by the Lord Treasurer Chancellor under Treasurer and Barons of the Exchequer Imprisonment And in Case he or they viz. Carmen Porters or Watermen c. so Convicted shall afterwards at any time Offend in like kind N. 4. viz. taking up Goods landed without presence of Customer c. that then he and they shall and may by any Iustice of Peace as aforesaid be committed to the next Goal there to remain for the space of two months without Bail or Mainprise or until he shall pay unto the Sheriff of that County the Sum of five pounds to the use of his Majesty or until he shall by the Lord Treasurer Chancellor under Treasurer or Court of Exchequer be thence discharged Poor Be it therefore Enacted C. 12. § 1. N. 4. c. That it shall and may be lawful upon complaint made by the Church-wardens or Overséers of the Poor of any Parish to any Iustice of Peace within forty dayes after any such person c. viz. Vagrant coming so to settle as aforesaid in any Tenement under the yearly value of ten pounds for any two Iustices of the Peace whereof one to be of the Quorum of the Division where any such person c. that are likely to be chargeable to the Parish shall come to Inhabit by their Warrant to remove and convey such person or persons to such Parish where he or they were last legally settled either as a Native Householder Sojourner Apprentice or Servant for the space of forty dayes at the least unless he or they give sufficient Security for the discharge of the said Parish to be allowed by the said Iustices Error Provided alwayes that all such persons who think themselves agrieved by any such Iudgment of the said two Iustices § 2. N. 1. may appeal to the Iustices of the Peace of the said County at their next Quarter Sessions who are hereby required to do them Iustice according to the merits of their Cause Husbandry And in such Case viz. of Harvest work c. if the person § 3. N. 2. c. shall not return to the place aforesaid viz. of last abode or shall fall sick or impotent whilest he or they are in the said work it shall not be accounted a settlement c. but that it shall and may be lawful for two Iustices of the Peace to convey the said person c. to the place of his or their Habitation c. under the pains and penalties in this Act prescribed Poor And if such person c. shall refuse to go N. 3. or shall not remain in such Parish where they ought to be settled c. but shall return of his own accord to the Parish from whence he was removed It shall and may be lawful for any Iustice of the Peace of the City County or Town Corporate where the said Offence shall be Committed to send such person c. to the House of Correction there to be punished as a Vagabond or to a publick work-house in this present Act hereafter mentioned there to be Imployed in Work or Labour N. 4. And if the Church-wardens and Overséers of the Poor of the Parish Justices to which he or they shall be removed refuse to receive such person c. and to the provide work for them as other Inhabitants of the Parish any Iustice of the Peace of that Division may and shall thereupon bind any such Officer c. to the Assizes or Sessions there to be Indicted for his or their contempt in that behalf § 5. N. 1. And for the said places within the Weekly Bills of Mortality in the said Counties of Middlesex and Surrey respectively Corporation there shall be elected and chosen by the major part of the Iustices of the Peace for the said Counties in their respective Quarter Sessions Assembled out of the most able and honest Inhabitants and Fréeholders of every of the said Counties of Middlesex and Surrey respectively a President a Deputy President a Treasurer and Assistants for the Corporation c. or Work-houses c. and that upon the vacancy by death or otherwise c. the power to Elect others in their Rooms be in the major part of the respective Iustices of Peace who in their General Quarter-Sessions from time to time shall accordingly supply such vacant places N. 2. And that at every Quarter-Sessions Account they shall require and take an Account in Writing of all the Receipts Charges and Disbursements of the Officers and Treasurer of such Corporation c. or Work-houses how and how many poor People have been Imployed and set to work in the year last past and what stock there was and is remaining § 6. N. 2. And it shall and may be lawful for the major part of the Iustices of Peace in their Quarter-Sessions Justices to signifie unto His Majesties Privy Council the Names of such Rogues Vagabonds Idle and Disorderly persons and sturdy Beggers as they shall think fit to be Transported to the English Plantations N. 3. And upon the Approbation of His Majesties Privy Council to the said Iustices of Peace signified what persons shall be Transported it shall and may be lawful for any two or more of the Iustices of the Peace them to Transport or cause to be Transported from time to time during the space of thrée years next ensuing the End of this present Sessions of Parliament to any of the English Plantations beyond the Seas there to be disposed of in the usual way of Servants for a term not excéeding seven years § 7. N. 3. With which Tax viz. made by Justices of Liberty or County for stock for the Poor if
Act it shall and may be lawful for the respective Iustices of Peace of the said respective Counties or the major part of them at any General Sessions of the Peace to be holden for the said Counties respectively on the behalf of the said Counties or either of them from time to time as they shall sée occasion to make an Order in open Court of Sessions for charging according to their several proportions all and every the several Inhabitants of the said respective Counties for the safeguard and securing of the said several Counties and Inhabitants thereof from all injury violence spoil and rapine of the Moss-Troopers aforesaid Taxes Provided that the said County of Northumberland be not by force of this Act at any time charged above the Sum of Five hundred pounds in the year § 3. N. 1. nor the said County of Cumberland charged above the Sum of Two hundred pounds in the year Justices And for this end and purpose the said several Iustices of the Peace of the respective Counties aforesaid N 2. are hereby Impowered and Authorized at their General Quarter Sessions aforesaid to appoint and imploy from time to time if occasion require any person or persons to have the Conduct and Command of a certain Number of men not exceeding the number of Thirty men in the County of Northumberland and Twelve in the County of Cumberland whereby the Malefactors aforesaid may be searched out discovered persued apprehended and brought to tryal of the Law Justices And all and every the said Iustices of the Peace of the respective Counties aforesaid or the major part of them N. 3. at any General Sessions of the Peace to be holden for the said Counties or either of them respectively are hereby further Impowered and Authorized by force of this present Act to make and issue forth their respective Warrants under their Hands for the levying and collecting any Sum or Sums of Money ordered to be paid for and towards the safeguard and securing of the said Counties respectively as aforesaid and to give full power to the several Constables and other Officers to Raise Levy and Collect the said money and all and every the Inhabitants of the said several Counties according to their respective proportionable Estates in Lands or Goods by Distress and Sale of Goods rendring the overplus if there be any to the respective Owner or Owners Peace And the said Iustices of Peace in the said several Counties N. 4. or any one of them respectively are hereby also Authorized to Examine any complaint made against the Collectors and Constables or any other Officers or Ministers of Iustice whatsoever or any of them or any other refractory person or persons whatsoever that at any time hereafter shall neglect refufe or fail to give obedience to this Act or shall do any act or acts in disturbance or obstruction thereof and to bind over such person or persons to the next Quarter-Sessions according to the known Laws of the Land to the end such person or persons may be procéeded withal according to Iustice § 4. N. 1. And the said respective Iustices of the Peace as aforesaid Account are hereby further impowered and authorized on behalf of the said several Counties respectively to appoint a Treasurer to receive from the said Collectors the Monies by them Collected and to pay over the same according to the Orders they shall receive from the said Iustices at their General Sessions of the Peace to be holden for the said respective Counties N. 2. And the said Iustices are also impowered to agree and article with such person or persons yearly as they shall think fit to Imploy in the said Service Justices and to take sufficient security of them for the faithful and most effectual performance thereof for the best safeguard advantage and benefit of the People according to the true intent and meaning of this Act. § 5. N. 1. And in case any person or persons shall in pursuance of this Act be imployed in the border Service and shall at any time hereafter wilfully and corruptly War or for any sinister respect whatsoever neglect or forbear to discover or apprehend or to bring to Tryal any of the said persons called Moss-Troopers as aforesaid and shall be Convicted thereof according to Law he or they shall from thenceforth be disabled and made uncapable for ever after to manage or take upon him or them the said Imployment and to suffer such Fine and Imprisonment according to the Quality of his or their Offence as the Iustices of Peace at their General Sessions shall think fit to inflict § 6. N. 1. Provided nevertheless and be it hereby declared Taxes that it shall be lawful for the Iustices of Peace of either of the said Counties as aforesaid respectively at any time hereafter to moderate or lessen the said Charge if they sée cause § 7. N. 1. Provided that this Act shall continue and be in force for Five years Dayes and no longer 18. Car. 2. 3. § 1. N. 2. § 8. N. 1. Provided alwayes and be it further Enacted Scotland c. That for better suppression and punishment of the said Moss-Troopers flying out of England into Scotland or out of Scotland into England the Statutes made in the several Sessions of Parliament in the Fourth and Seventh years of King James viz. 4 Jac. 1. 7 Jac. 1. shall be renewed and put in execution according to the true Intent C. 26 § 6. N. 4. All and every of which said Offences viz. want of weight and mark of Vessels and ill salting and packing of Butter are to be inquired of sued for Victual heard and determined in the Sessions of Peace for the County City Borough Town or Liberty or in the Court of Record of the City Borough Town or Liberty wherein such Offence shall be Committed by Action of Debt Indictment Information or Presentment wherein no Essoin Protection or wager of Law shall be allowed to the Defendant C. 28. § 5. N. 1. And be it further Enacted c. that if any Idle or Suspitious person Fish c. shall in the night assemble and flock together about the Boats Wells or Cellars belonging to any Pilchard Coast upon any the Coasts of Cornwal or Devon having no business there to do and being warned by the Company or Owner of such Boats or Cellars to be gone that then upon complaint made to any one Iustice of the Peace every such person or persons refusing so to do shall pay Five shillings to the Poor of the Parish where such Offence was committed or shall be set in the Stocks for the space of five hours C. 32. § 2. N. 1. For prevention of all which abuses Drapery and deceits viz. in broad Wollen Cloth It is Enacted c. that c. there be and shall be a Corporation to continue forever within
such Offender to the Goal or House of Correction there to remain without Bail or Mainprise until the next General Quarter-Sessions Assizes Goal delivery great Sessions or sitting of any Commissioner of Oyer and Terminer in the respective County Limit Division or Liberty which shall first happen Indictment When and where every such Offender shall be procéeded against by Indictment c. and shall forthwith be Arraigned N. 2. c. Process And if such c. shall be lawfully Convicted c. either by Confession or Verdict or if such Offender shall refuse to plead the General Issue N. 3. then the respective Iustices of the Peace at their General Quarter-Sessions c. are hereby enabled and required to cause Iudgment to be Entred c. that such Offender shall be Transported beyond the Seas to any of his Majesties Forreign Plantations Virginia and new-England only excepted there to remain seven years Ouster le nere And shall forthwith under their Hands and Seals make out Warrants to the Sheriff N. 4. c. of the same County where such Conviction or refusal to plead or to confess as aforesaid shall be safely to Convey such Offender to some Port or Haven nearest or most Commodious to be appointed by them respectively and from thence to Imbark such Offender to be safely Transported c. Process And the said respective Court shall then also make out Warrants to the several Constables N. 6. Headboroughs or Tythingmen of the respective places where the Estate real or personal of such c. shall happen to be Commanding them thereby to sequester c. the profits of the Lands and distrain and fell all the Goods of the Offender c. for the reimbursing of the said Sheriff all such reasonable Charges as he shall be at and shall be allowed him by the said respective Court Forfeiture Provided alwayes and be it further Enacted That in case the Offender § 7. N. 1. c. shall pay into the hands of the Register or Clerk of the Court or Sessions where he shall be Convicted before the said Court or Sessions shall be ended the Sum of one Hundred pounds that then the said Offender shall be discharged from Imprisonment and Transportation and the Iudgment for the same Certificate Be it further Enacted That the Lieutenants § 10. N. 2. c. and also the Sheriffs and Iustices of the Peace c. or any of them joyntly or severally c. with such other Assistance as they shall think meet or can get in readiness with the soonest on Certificate made to them respectively under the Hand and Seal of any one Iustice of the Peace c. of his particular Information and Knowledge of such unlawful Méetings or Conventicles held c. and that he with such Assistance as he can get together is not able to supprese or dissolve the same shall and may c. repair unto the place where they are so held c. and by the best means they can to dissolve and dissipate or prevent all such unlawful Méetings and take into their Custody such of those Persons so unlawfully Assembled as they shall judge to be the readers and seducers of the rest c. Force Provided also and be it Enacted c. That the Iustices of the Peace § 15. N. 1. c. shall and may with what aid force and assistance they shall think fit for the better Execution of this Act after refusal or denial enter into any House or other place where they shall be Informed any such Conventicle c. is or shall be held § 16. N. 1. Provided That no dwelling House of any Péer Priviledge c. whilest he or his Wife shall be there resident shall be searched c. but by Immediate Warrant from his Majesty under his Sign Manual or in the presence of the Lieutenant or one of the Deputy Lieutenants or two Iustices of the Peace whereof one to be of the Quorum of the same County c. N. 2. Nor shall any other dwelling House of any Peer or other Person whatsoever be entred into with force Justices c. but in presence of one Iustice of the Peace c. except in London c. § 17. N. 1. Provided also and be it Enacted Imprisonment c. That no Person shall by vertue of this Act be Committed to the House of Correction that shall satisfie the said Iustices of the Peace c. that he or she or in Case of a Feme Covert that her Husband hath an Estate of Frée-hold or Copy-hold to the value of Five pounds per Annum or personal Estate to the value of Fifty pounds 16 17 Car. 22. § 1 N. 4. Viz. Coals to be xxxvi Bushels Guildhal Measure Measures or cxii l. Aver du Pois weight c. upon pain of Forfeiture of all the Coals which shall be otherwise Sold or exposed to Sale by any Woodmonger or Retailer of Coals and the double value thereof to be recovered by any c. in any Court of Record or by way of Complaint made unto the Lord Mayor of London for the time being and the Iustices of Peace within the City of London and Liberties thereof or to any two of them or to the Iustices of Peace of the several and respective Counties and Places where such Coals shall be exposed to Sale or any of them who are hereby Impowred and required to call the Parties before them and to hear and Examine such Complaint upon Oath which by vertue of this Act is to be Administred by them or any two of them and upon due proof thereof made to their satisfaction to Convict the Offenders and to give Warrant under their Hands and Seals for levying the Forfeitures accordingly N. 6. And the said Lord Mayor of London and the Court of Aldermen for the time being and the Iustices of Peace of the several Counties respectively Fuel or any thrée or more of them whereof one to be of the Quorum are hereby Impowred to set the Rates and Prices of all such Coals as shall be sold by Retail as they from time to time shall Iudge reasonable allowing a Competent profit to the said Retailer beyond the Price paid by him to the Importer and the ordinary Charges thereupon accrewing § 2. N. 2. And in Case of refusal viz. by Woodmonger c. to sell at Prices set Process the Officer appointed by the Lord Mayor or by the Justices to enter c. taking a Constable to force entrance and the said Coals to Sell or cause to be Sold at such Rates c. § 4. N. 2. And if any Action shall be Commenced against any Iustice of Peace Constable or other Officer or Person for any thing done by colour of this Act Pleading the Defendant in every such action may plead the General Issue and give the
night-season haunt a House that is suspected for Bawdry or use suspicious Company then may the Constable arrest him to find Sureties of his good abearing for Bawdry is not meerly a Spiritual offence but mixed and sounding somewhat against the Peace of the Land 27 H. 8. 14. per Fitz-h 1 H. 7. 6. Good behav II. Lamb. 2. cap. 2. pag. 119. And therefore it shall not be amiss at this day in my slender opinion to grant Surety of the good abearing against him that is suspected to have begotten a Bastard-child to the end that he may be forth-coming when it shall be born for otherwise there will be no putative Father found when the Justices of the Peace shall after the birth and by virtue of 18 Eliz. 3. come to take order for his punishment And if this medicine might lawfully be applied to Shoemakers Taylors Weavers and other light persons that without Testimonial or other good Warrant do flit out of one Shire into another not only that evil of Bastardy but many other mischiefs might be either prevented or punished thereby Cromp. 196 b. § 8. Dalt 191. 37. 355. cap. 121. infra 10. Imprisonment III. Lamb. 546. And the reputed Father or Mother of a Bastard-child that will not perform the Order set down by two Justices of the Peace thereto authorized shall be committed and shall remain in Prison without Bail or Mainprise till he or she will be bound c. 18 Eliz. 3. § 1. N. 4 5. Poor IV. Lamb. 352 353. Two Justices of the Peace the one being of the Quorum in or next to the Limits where the Parish-Church is in which a Bastard-child left to the charge of the Parish shall be born ought to take order by their discretion as well for the relief of the Parish and keeping of the Child as also for the Punishment of the Mother and reputed Father thereof 18 Eliz. 3. § 1. N. 2. V. Lamb. 596. That 18 Eliz. 3. § 1. N. 5. Sessions have mention of the Quarter-Sessions to be holden next after Easter which Statutes as they make not in this point viz. of holding the Sessions a new Law but be grounded upon former Law supposed to be in force viz. 2. H. 5. 4. § 2. N 2. So allowing of any one of these four Sessions they do therein give allowance of all the other three also VI. Lamb. 604. Apprentice A Beggers Child may at the General Sessions be bound to serve any Subject of this Realm being of honest Calling 14 Eliz. 5. 18 Eliz. 3. Cromp. 86. VII Cromp. 86 b. Women Enquiry at Sessions of Women that have Children born out of Matrimony and of the reputed Father of such Child they shall be punished by the directions of the Justices of Peace 18 Eliz. 3. VIII Cromp. 131 b. Two Justices of the Peace Women whereof one shall be of the Quorum have power by their discretion on examination of the Cause and circumstances to take Order as well for the punishment of the Mother as the reputed Father of every Bastard-child born out of Matrimony and for relief of the Parish where it is born in part or in all Cromp. 199. Bail IX Cromp. 154 b. Neither the Mother nor reputed Father of any Bastard who refuseth to perform the order of the Justices can be bailed according to 18 Eliz. 3. § 1. N. 5. see 2 Bulstr 323. 341. X. Cromp. 196 b. § 8. Quere Good behav If a Justice of Peace may by discretion bind to the good behaviour him that hath gotten a Woman with child to be forth-coming until the delivery because otherwise peradventure he will flie But the Stat. 18 Eliz. 3. doth not give this but it seemeth reasonable Lamb. 119. supra 2. Dalt 191 255. XI Dalt 191. cap. 75. Good behav Also this Surety of the good behaviour is used to be granted against the putative Father of a Bastard-child XII Dalt 37. cap. 11. Every Justice of Peace upon his discretion may as it seemeth bind to the good behaviour him that is charged or suspected to have begotten a Bastard-child to the end that he may be forth-coming when the Child shall be born otherwise there will be no putative Father when the two Justices after the birth of the Child shall come to take order according to 18 Eliz. 3. § 1. N. 2. The like may be done after the birth of the Child and before such order taken Lamb. 119. Cromp. 196. § 6. XIII Dalt 37. cap. 11. Also if the putative Father of any such Child Poor either before the birth of any such Child or after shall by any perswasion procurement or other practice be conveyed or sent away or shall run away so as the Justices of Peace cannot come by him or so as the order of the Justices by means thereof shall not be performed it seemeth every Justice of Peace upon his discretion may bind to the good behaviour and so over to the next Gaol-delivery before the Judges of Assize or to the next Quarter-Sessions such as shall have any hand in such practice c. so of such as by practice c. shall cause the Mother of the Child to be conveyed or sent away or to run away whereby she leaveth her Child to the charge of the Town c. XIV Dalt 37. cap. 11. Two Justices of the Peace one being of the Quorum in or next to the Limits where the Parish-Church is Justices in which Parish any Bastard-child begotten and born out of lawful Matrimony shall be born upon examination of the cause and circumstances shall and may take order by 〈◊〉 discretion as well for the relief of the Parish in part or in all and 〈◊〉 of the Child by charging the Mother or reputed Father with the payment of Money weekly or other relief as also for the punishment of the Mother and reputed Father 18 Eliz. 3. 21 Jac. 28. 3 Car. 1. 4. But such a Bastard-child must be one that is left to be kept at the charge of the Parish or one likely to be or which may be chargeable to the Parish 7 Jac. 4. Poor XV. Quere If the Bastard die before any order if the Justices may make an order for the Parish only or for Midwives Reward c. Dalt 38. Infra § 23. Justices XVI Dalt 25. cap. 6. And yet notwithstanding the Rule Com. 206 b. in Stradling's Case whereas by 18 Eliz. 3. § 1. N. 2. the order to be taken for a Bastard-child is appropriated to two Justices of the Peace one being of the Quorum in or next unto the Parish where such Child shall be born if two such Justices cannot agree upon the reputed Father or in making such order as the Statute requireth or in other execution of the Statute Quere what is to be done I have known the Case lately moved to the Judges of Assize who thought it fit that such
or earn by her Labour and Work and hereof see that you fail not at your peril Dated c. 7 Jac. 4. XXXVIII Dalt 385. ibid. Note If any mean person shall but threaten to run away and leave their Family as aforesaid any two Justices of Peace of that Division may send them to the House of Correction as aforesaid Justices But such their threatening must be proved by two sufficient Witnesses upon Oath before the said Justices of Peace XXXIX Dalt 385. cap. 125. Women A Mittimus to the House of Correction of the Mother of a Bastard-child WE have sent you herewithal the body of I. C. of W. Cambr. ss in the said County single woman being lately delivered of a Bastard-child likely to be chargeable to the Parish of W. aforesaid and for that the said I. C. is able to labour and that she may thereby the better relieve her self and her said Child These are therefore to will and require you to receive the said I. into your said House there to be punished and set on work during the term of one whole year according to the Statute in that behalf provided and hereof fail you not c. Imprisonm XL. A Mittimus to the House of Correction of the Mother of a Bastard-child after Examination taken Suff. ss WE send you herewithal the body of B. H. being lately delivered of a Bastard-child and now brought before us requiring you her to receive and her safely to keep in your House of Correction for the space of one whole year next ensuing and to punish and to set her on work according to the Statute in that case made and provided during the said time and hereof fail you not c. Recogn XLI A Condition for a reputed Father of a Bastard-child THe Condition c. That if the above-bound O. M. shall and do personally appear at the next General Quarter-Sessions of the Peace to be holden at I. for that part of the County and abide such order as the Justices of Peace shall and do then and there take and make concerning the Bastard-child born of A. B. of C. in the County of S. whereof he is accused to be the reputed Father if the said Justices shall take or make any order therein and in default of such order by them to be taken or made that then if the said O. M. shall and do perform the order therein already made by J. T. and J. S. two of His Majesties Justices of the Peace for the County aforesaid that then c. Poor XLII An Order for a reputed Father of a Bastard-child to discharge the Town Suff. ss WHereas E. C. of R. in the County aforesaid Yeoman hath been heretofore charged to be a reputed Father of a Male Bastard-child late born at P. in the County aforesaid of the Body of S. B. single woman there dwelling at P. aforesaid and the matter being heard and examined by us it appeared to us by the Confession of the said S. B. her self and by the Testimony of divers witnesses taken before us upon Oath that the said E. C. is the reputed Father of the said Bastard-child We do therefore order and adjudge the said E. C. to be the reputed Father of the said Base-child and for the better discharge of the said Parish of P. we do order the said E. C. shall weekly and every week from the Birth of the said Child until he shall accomplish the Age of twelve years or so long as the said Child shall be any ways chargable unto the said Town of P. pay or cause to be paid unto the Church-wardens and Overseers of the Poor of P. aforesaid or some of them towards the relief of the said Base-child twelve pence and at the end of the said term of twelve years to pay to the Church-wardens and Overseers of the Poor of the said Town for the time being the sum of Five pounds of lawful English money to bind the said Child forth as an Apprentice to some honest Trade or Calling In witness c. Poor XLIII An Order for the reputed Father of a Bastard-child to discharge the Town Suff. ss WHereas S. W. of G. in the County aforesaid Widow was lately delivered at G. aforesaid of a Bastard-child named John which is likely to be chargable to the Town or Parish We the Justices of Peace of the County aforesaid whose Names are here underwritten having upon the complaint of the Townsmen of G. aforesaid taken upon us the hearing and Examination of the said Cause do find by divers Examinations testified upon Oath before us that the said S. in the extremity of her Travail did accuse I. B. of G. aforesaid Taylor to be Father of the said Bastard-child And we do also further find by divers other pregnant proofs and circumstances upon Oath that the said I. B. is the reputed Father of the said Child whereupon we do order and adjudge him the said I. B. to be the reputed Father of the said Bastard-child and we do further order both for the relief of the said Parish in part as also for the punishment of the said I. B. that the said I. B. shall weekly and every week from and after the Birth of the said Child so long as the said Child shall be chargable unto the said Parish until the said Child shall attain to the Age of twelve years pay or cause to be paid unto the Church-wardens and Overseers of the Poor of the said Town of G. for the time being for and towards the keeping and education of the said Child the svm of sixteen pence and shall within three months after the said Bastard-child shall accomplish his said Age of twelve years pay at or within the Church-Porch of G. aforesaid unto the Church-wardens and Overseers of the Poor of the said Town of G. for the time then being for and towards the putting out and binding forth of the said Child to be an Apprentice the sum of Three pounds of lawful English money and that the said S. W. so long as she shall not keep the said Child shall likewise pay weekly and every week during the twelve years aforesaid or so long as the said Child shall be chargable to the said Parish unto the Church-wardens and Overseers of the Poor of the said Town for the time being the sum of 6 d. a week for and towards the education and maintenance of the said Child And we do further order that the said S. shall be sent to the House of Correction at W. there to be punished and set on work and there to remain for one whole year now next ensuing according to the Statute and Law in that behalf And lastly we do order that the said I. B. shall become bound in a Bond of Twenty pounds unto M. B. and G. W. two of the chief Inhabitants of the said Town of G. well and truly to perform so much of this
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
of the Person to whom the Offence was done 4. The Name and Value of the thing in which the Offence was committed 5. The Manner of the Fact and the Nature of the Offence Treason Murder Felony or Trespas Dalt 402. cap. 131. Exposition XII Lambert 492 493. In an Indictment of Murder murdravit is necessary Crompt 101. § 4. of Burglary must be burglariter c. Crompt 106. § 12. of Rape quod felonice rapuit c. Dalt 403. cap. 131. Acc. S. Stat. XIII Lambert 494 495. And if the Indictment be founded upon a Statute it ought to say contra form ' Statuti in hujusmodi casu editi provisi or when many Statutes do concern one Offence as in the case of Liveries and such like contra form ' diversorum Statutorum without special naming of any and then the best shall be taken for the King Crompt 104. § 49. but an Indictment of a Riot without saying contra formam Statuti c. is not good because Crompt 102. § 18. it is no Riot but by that Statute viz. 13 H. 4. 7. and yet it is not of necessity Dalt 401. cap. 131. that the Statute be verbally rehersed but only that the Offence against the Statute be sufficiently and with full words described Crompt 1. 79. Dyer 363. Again it is not safe to recite the dayes or places of the beginnings Continuances and Prorogations or Dissolutions of the Parliaments lest by mistaking any of them the whole Indictment fall to the ground thereby Dyer 203. Crompt 104. § 51 53. Justices XIV Lambert 4. cap. 5. pag. 496 Generally the Justices of Peace may receive Indictments before themselves of all Causes being either within their Commission or within the Statutes whereof they have to enquire Sheriffs XV. Lambert 496. And they may also receive Indictments taken before the Sheriff in his Turn lawful that is to say so that the Turn be holden within the Month after Easter or within the Month after Michaelmas 31 Ed. 3. 15. § 1. N. 3. that those Indictments or Presentments be indented and sealed between the Sheriff and the Jurors 1 Ed. 3. Stat. 2 cap. 17. § 1. N. 1. and so that they be made by the Oath of twelve men at the least 13 Ed. 1. W. 2 cap. 13. § 1. N. 2. and that these Jurors be of good fame and Legales homines that may dispend yearly 20 s. of Freehold or 26 s. 8 d. of Copyhold 1 Rich. 3 4. § 1. N. 2. and for this purpose the said Statute 1 Ed. 4. 2. § 1. N. 4. binds the Sheriff to certifie the Justices of the Peace at their next Sessions the Indictment found in his turn or Law-day Crompt 105. b. § 67. Poult de Pace 170 171. XVI Lamb. 496. Ibid. Lect. It seemeth also by way of admitting in 27 H. 8. 2. Indictment Br. 1. that the like ought to be done of the Presentments of Felony in any Leet by vertue of 1 Ed. 2. 4. § 1. N. 4. but that is further to be enquired of for I find no better warrant for it see Kitch 8. b. they must be indent within 1 Ed. 3. St. 2 cap. 17. Crompt 106. § 69. XVII Lambert 497. ibid. This is certain Justices that Justices of Peace ought to receive Indictments found in any Leets or Law-days upon the Statute made for the breeding of Horses to which end also the Court-holders of such Leets or Law-days are bound to certifie the same unto them within the space of forty days c. 32 H. 8. 13. § 8. N. 2. XVIII Lamb. 497. Justices Justices of the Peace have none Authority to receive an Indictment of the killing of a man se defendendo saith Stanf. 15. b. 16. a. as he had heard say but enquire further thereof for though it be not Felony as appeareth by the Statute of Gloucester 6 Ed. 1. cap. 9. § 1. N. yet be there other words in their Commission § 9. extending to give them power to hear and determine of such an Offence Crompt 21. § 3. in Coron § 26. XIX Lamb. 497. ibid. Forests But they are not to receive an Indictment for the killing of a Hart purloin'd for the jurisdiction of it belongeth to the Justices of the Forest 21 H. 7. 30. per Fineux XX. Lambert 497. ibid. Records And as it seemeth they may reject an Indictment that findeth any matter of record as Utlary or such like unless it be shewed to the Jurors sub pede sigilli for Jurors are to find matter in deed only and not of record 1 H. 7. 6. 3. H. 7. 1. 10. XXI Lamb. 497. â—bid Sheriffs And so if the Sheriff will offer Indictments of Liveries Ravishment of Women or of Felonies by Statutes or of such other Causes whereof they have no power to enquire in their Turns the Justices of Peace ought to reject them 4 Ed. 4. 31. 18 Ed. 4. 5. 22 Ed. 4. 2â— Stanf. 87. XXII Lambert 498 499. Justices And for that end viz. that the Justices of office may see that Bills be sufficient c. 24 Ed. 3. 74. c It is the manner in some places to command that the Enquest take no Bills but only such as the Justices themselves have first perused howbeit as it is certain that the Enquest may safely do the contrary so long as the Bills do carry good matter and allowable form so I will advise that the Justices shall rather peruse the Bills after that the Evidence shall be thereupon given to the Jury than to put their pens into them before that the Enquest shall be informed taking it to be not only no hinderance at all to the Service but also the most wary and secure way for the Justices themselves to walk for tho 35 H. 6. 14. 12 Ed. 4. 18. it be said if a Bill of Indictment be delivered to a Justice of the Peace at or before the Sessions which he promiseth to read and to deliver to the Jury and so doth accordingly that he shall not be charged for it in a Writ of Conspiracy yet may it be thereupon doubted whether he shall be excused if upon conference had he do busie himself either to draw engross or amend the Bill before it be preferred to the Enquest that shall have it And seeing that the Justices do commonly receive the Bills from the Enquest with their express assent to amend any defect of certainty in the form only and may also award a Ven ' fac ' against the Indictors to amend a Bill upon their first Oath at any time before it be removed 22 Ass Indictment Br. 12. 8 H. 5. 8. Indictment 28 Stanf. 97. a. so that the Business is not a whit impeached by this forbearance there is no cause as I think for the Justices of Peace to anticipate the matter before the right time but rather to leave the first drawing and ingrossing of the Bills to
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
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
of Ancient Demesne and part of Guildable Taxes and an assessement is made for the relief of the maihemed Souldiers the Goal c. according to 43 Eliz. 2. § 12. N. 2. whither the Tenants in Ancient Demesne shall contribute with the Guildable for the payments of the assessement Resolu The Statute doth not distinguish between the Ancient Demesne and the Guildable in those cases ubi lex non distinguit ibi nec nos distinguimus 15. Quest Whither an Indictment of forcible detainer be within 21 Jac. 8. § 6. N. 1. and not to be removed by Certiorari Certiorari unless the party indicted first find sureties according to the Statute 21 Jac. 8. § 7. N. 2. And whither the party indicted be to be bound himself or may send sureties to be bound in his absence to prosecute according to that Statute 21 Jac. 8. § 7. N. 2. And whither an indictment of forceible entry c. found at a private Sessions and certified to the Quarter Sessions be to be removed by Certiorari without sureties according to that Statute Resolu This is fittest to be left unto the Court of B. R. to whose courses and Jurisdiction this is most proper 16. Quest If one be convicted upon 3 Car. 1. 1. 2. § 1. N. 2. for driving of Cattle on the Sunday throughout several Parishes Days whither he shall forfeit 20 s. to every of the said Parishes or only to one if to one then to which of them Resolu 3 Car. 1. 1. 2. Giveth the forfeiture but of one 20 s. for one Sabbath day altho the driving of that day be through divers Parishes therefore where the Action is first attached and the distress first taken that Parish shall have the benefit of the forfeiture and not the other 17. Quest If one who is under thirty years of age Husbandry and brought up in Husbandry or a Maid Servant or brought up in any of the Arts mentioned in 5 Eliz. 4. § 4. N. 13. and not enabled according to that Statute to live at his or her own hand shall be warned by two Justices of Peace to put him or her self in service by a day prescribed by them and shall not do the same accordingly but shall after continue living at his or her own hand what course shall be taken with such a person and how punished Resolu Such persons being out of service and not having visible means of their own to maintain themselves without their labor and refusing to serve as an hired Servant by the year may be bound over to the next Sessions or Assizes and to be of the Good-behavior in the mean time or may be sent to the house of Correction Taxes 18. Quest Whither the tax for the relief of the Poor upon 43 Eliz. 2. § 12. N. 2. shall be made by ability or occupation of Lands or both And whither the visible ability in the parish where he liveth or general ability wheresoever And whither his Rent received within the Parish where he lives shall be accounted visible ability and whither he shall be taxed of them only and not for any Rents received from another Parish and what shall be said visible ability Resolu The Land within each Parish is to be taxed to the charges in the first place equally and indifferently but there may be an addition for the personal visible ability of the parishioners within that Parish according to good discretion wherein if there be any mistaking the Sessions c. or the Justice must Judge between them Estates 19. Quest Whither Shops Salt-pits Sheds profits of a market c. be taxable to the poor as well as Lands Cole-mines c. expressed in 43 Eliz. 2. § 1. N. 4. Resolu All things which are real and a yearly Revenue must be taxed to the poor Taxes 20. Quest Whither the tax for the County stock Goal and House of Correction is to be made 14 Eliz. 5. § 37. â—2 N. 1. and 43 Eliz. 2. § 12. N. 1. by ability and upon the Inhabitants of the parish only or upon them that are occupiers of lands dwelling in that parish or whither such as occupy lands in that parish and dwell in another parish shall be taxed Resolu If the Statute in particular cases give no special direction it is good discretion to go according to the rate of taxation for the poor but when the Statutes themselves give direction follow that Taxes 21. Quest VVhither any taxes ought to be made for the charges that pety Constables and Borsholders are at in conveying Rogues from Parish to Parish and relieving of them and how to be rated Resolu It is fit to relieve the Constable and Tythingmen in such sort as it hath been used in the several places where they live Women 22. Quest VVhither a Justice of Peace may discharge a Servant being with Child from her service allowing that as a reasonable cause that she is thereby made unable to do the service which otherwise she might have done And if he may discharge her whither that Parish shall provide for her till her delivery if she cannot provide for her self and so also if her time be expired before her delivery who shall provide for her after her time ended Resolu If a VVoman being with Child procure her self to be retained with a Master who knoweth nothing thereof this is a good cause to discharge her from her service and if she be gotten with Child during her service it is all one but the Master in neither case must turn away such a Servant of his own authority But if her term be ended or she lawfully discharged the Master is not bound to provide for her but it is a misfortune fallen upon the Parish which they must bear as in other cases of casual impotency 23. Quest Whither one being delivered of a Bastard-Child in one Parish and goeth into another with her Child and becomes a Vagrant Settlement and so is sent to the place of her birth her Bastard-Child being under the age of seven years shall be setled with the Mother and there maintained if the Mother be not able nor the reputed Father known or to be found or whither it shall be sent to the place of its birth or being setled with the Mother whither the Parish where it was born shall be ordered by the two next Justices to pay a weekly summ towards the maintenance of it Resolu The Bastard-Child must be placed with the Mother so long as it is within the Quality or Condition of a Nurse-Child which shall be till seven years of age and then it is fit to be sent to the place of its birth to be provided for the Mother or reputed Father not being able and the Parish where the Child is born shall not be forced to contribute to the Charge as long as the Mother lives and the Child be under seven year old 24. Quest A Man with his
Testimonium has literas nostras fieri fecimus patentes Teste me ipso apud Westminster Septimo die Novembris Anno Regni nostri tricesimo BARKER 2. Note that in one Englefields Case on an Indictment of Premunire for refusal to take the Oath of Supremacy in Pasch 33 Car. 2. in B. R. upon a special Verdict out of Berks on the like Commission it was adjudged good de omnibus singulis generally on 1 Eliz. 1. § 19. N. 3 c. II. At the Court at White-Hall Jan. 17. Anno 1678 Alien c. There having been lately presented by the Justices of the Peace six Quaeries to His Majesty in Council viz. 1. Whether Foreigners Popish Recusants that are and have long been here setled House-Keepers and are Tradesmen viz. Chirurgions Taylors Perywig-makers or Ordinary Shop-Keepers following Imployments for their own advantage but not otherwise Merchants but are certified to be Merchant Strangers shall be excused from taking the Oaths or finding sureties or either of them 2. Whether such Foreigners being certified by Ambassadors or other Foreign Ministers to be their Servants at this time shall be excused 3. Whether Foreigners Popish Recusants setled here House-Keepers but neither are Tradesmen Travellors or Foreign Ministers Servants shall be excused 4. VVhether native Subjects of our Soveraign Lord that are Menial Servants of Foreign Ministers shall be excused 5. VVhether Married VVomen being Popish Recusants but their Husbands Protestants shall be excused 6. VVhether Popish Recusants that have taken the Oaths found sureties have appeared and are convict shall find new Sureties or be continued over And His Majesty having from the Judges to whom the same were referred received answer in writing in the words following May it please your Majesty we have met and considered of the Questions proposed to us and do hereby humbly return our opinions To the first we are of opinion 1. That Foreigners being Popish Recusants and exercising ordinary Trades but not Merchants are not excused from taking the Oaths or finding securities 2. To the second that Foreigners tho certified by Ambassadors to be their Servants except they are their Menial Servants are not excused 3. To the third that Foreigners tho setled House-Keepers being no Travellors or foreign Ministers Servants are not excused 4. To the fourth that the Kings Native Subjects are not excused from taking the Oaths by being Menial Servants to Foreign Ministers 5. To the fifth we find no law that excuseth a Feme-Covet being a Papist from taking the Oaths tho her Husband be a Protestant 6. To the sixth that a Popish Recusant having taken the Oaths is not bound to find new sureties unless upon a new tender of the Oaths he shall refuse to take them All which with great humility we submit to your Majesties Judgement William Scroggs Ch. J. B. R. Fran. North Ch. J. C. B. Will. Mountague Ch. Baron Robert Atkins C. B. V. Bertye Esch or C. B. Fra. Bramston Esch Will. Wild B. R. Tim. Litleton Esch Hugh Windham C. B. Tho. Jones B. R. Will. Dolben B. R. His Majesty is Graciously pleased to approve the said report and opinion of his Judges and did this day order as it is hereby ordered accordingly that the Justices of the Peace in their respective Precincts do in Execution of their duties touching the particulars there mentioned take notice of the same and conform themselves thereunto and this order is to be sent to the Custos Rotulorum of Each County that he may give information of the same see 3 Jac. 5. § 5. N. 1. Infra 219. R. Southwel Days III. The Laws c. 13. 14. Abr. 7. The half year here mentioned 1 Eliz. 1. § 31. N. 2. is not to be understood of six months as Wingate Crown 10 mistakes which is in Law to be accounted secundum numerum singulorum dierum allowing twenty eight days to every month and not according to the solar month nor according to the Kalendar unless it be on 13 Ed. 1. W. 2 cap. 5. § N. for the lapse in Quare Impedit and by 2 3 Ed. 6. 13. § N. of proving a suggestion 1 Inst 135. and 2 Crook 166 167. B. of Peterborough vers Catesby Yelverton 100. Catesby vers Baker and Hob. 179. Coply against Collins But the half year in 1 Eliz. 1. § 31. N. 2. is to be understood according to the Kalendar Infra pl. 65. Process IV. The Laws c. 14. Abr. 8. Sir Edw. Coke 4 Inst 331. in his Construction of 1 Eliz. 1. § 31. N. 2. saith that no persons shall be impeached for any of the offences by preaching teaching or words unless they be lawfully indicted within the space of half a year but yet it seemeth that the words of the Statute will not bear such a Construction neither if they did is it Law at this day nor was then when the Institutes were wrote 1. For that 1 Eliz. 1. § 31. N. 2. refers only to the Case of Imprisonment that where the Offender by preaching teaching or words is Imprisoned and is not Indicted within half a year after the offence committed he shall be set at liberty and shall be no longer detained in prison for any such cause or offence and this was done in favour of liberty and to prevent a long Imprisonment upon a malicious and groundless accusation but there is no colour to extend the words to the Offender who was never Imprisoned altho the offence was by preaching teaching or words only 2. Put the Case that an Offender by preaching teaching or words had been Imprisoned within the half year yet it seems very questionable whether at the half years end when he was set at liberty as he ought to be by 1 Eliz. 1. § 31. N. 2. if he be not in the mean time indicted he should have been clearly discharged by this Act from any prosecution during the half year then next following for altho it be said he shall be no longer detained in prison for any such cause or offence yet that seems to refer only to his Imprisonment before Conviction and detained imports as much viz. that he should not be continued or remain in the same Imprisonment which he suffered within the first half year before any Indictment was found against him but not that he should not be indicted afterwards within the compass of the year and if found guilty suffer the Imprisonment and other penalties inflicted by this Act and it might so have happened that an offender by preaching teaching or words might have been accused taken and Imprisoned a day or two before the half year next after the offence expired in which Case it cannot be thought to be the meaning of the makers of the Law that by his Imprisonment for a day or two he should escape the penalties of the Law and could not be afterwards indicted within the compass of the year and yet in that Case he ought to be set at liberty by the express words
of the Act which saith he shall be set at liberty if not indicted within half a year after the offence and not half a year after his Imprisonment 3. It seems now to be out of doubt but that any Offender against 1 Eliz. 1. altho by preaching teaching or words may be Indicted at any time within a year and a day after the offence committed and that by 23 Eliz. 1. § 8. N. 1. which saith that all offences against 1 Eliz. 1. and 5 Eliz. 1. and 13 Eliz. 2. touching acknowledgment of Her Majesties Supream Government in Causes Ecclesiastical shall and may be inquirable within a year and a day after the offence committed and the affirming or maintaining the Spiritual or Ecclesiastical Jurisdiction of a Foreigner was without question an offence against Her Majesties Supream Government in Causes Ecclesiastical and against the acknowledgment thereof so that the year limited by 23 Eliz. 1. § 8. N. 1. is now extended to a day further and whatever the meaning of it was as to the half year all offences against it whether by preaching teaching or words or otherwise for 23 Eliz. 1. § 8. N. 1. is general and reaches all offences whatsoever against 1 Eliz. 1. touching the Supremacy Ecclesiastical may now be enquired of within a year and a day whether the party be in prison or not but yet it seemeth that in Case of Imprisonment within the first half year this provision 1 Eliz. 1. § 31. N. 2. for the setting at liberty of the Prisoner at the end thereof if he be not before that time indicted remains still in force and is not abrogated by 23 Eliz. 1. § 8. N. 1. V. The Laws c. 16. Abr. 9. Dignity The provision made in 1 Eliz. 1. § 34. N. 1. and other Acts of Parliament for the Tryal of a Peer by his Peers in case of Treason where he was to be tryed by the Course of the Common Law is ex abundanti and he should have such tryal if no such provision were inserted the like in the case of Felony Stamf. Coron 159. VI. Lambert 2. cap. 7. pag. 227. Justices of Peace cannot deal with Traytors in the point of Treason but as Breakers of the Peace Treason saving that in some Cases they have a special power to inquire and receive Indictments only and of this sort are 1. Treason of extolling Foreign power by 1 Eliz. 1. § 27. N. 1. 2. The Treason of absolving or withdrawing his Majesties Subjects from their Natural Obedience by 23 Eliz. 1. § 2. N. 1. c. And 3. The Treason of putting in ure any Instrument of Reconciliation gotten from the See of Rome by 13 Eliz. 2. § 2. N. 1. VII Lambert 56. There hath been care taken once or twice in our memory to exact this Oath of Supremacy Oath 1 Eliz. 1. § 19. N. 4. of all the Justices of the Peace throughout the Realm whereof some good hath ensued but yet many a Justice there is that by indirect practice never took either this or the Oath of Officers whereof what harms do or 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 Miniister the same not elsewhere but in their open Session VIII Crompt 10. b. Every Justice of Peace before he takes upon him to exercise or occupy the Office of a Justice of Peace shall take the Oath of Supremacy 1 Eliz. 1. § 19. N. 4. Justices IX Crompt 11. Nota Sessions That the Justices of Peace ought to take this Oath of Supremacy in the open Court of Sessions where he serves by 5 Eliz. 1. § 15. N. 1. and I have seen it done at the Assizes in the County of Stafford and its the best way to be so done for where on 5 Eliz. 1. § 7. N. 1. a Commission is made to take their Oaths when they are made Justices of Peace it may be that the Commissioner will return that he hath taken his Oath when he hath not done so in fact if he that be to be sworn be such a one as is not well affected to the Religion now established X. Crompt 12. Charge in Sessions Religion First to enquire if any within this year and day hath depraved despised or Contemned the Sacrament of the body and blood of our Saviour Jesus Christ in contempt thereof by any contemptuous words or by any words of depraving despising or advisedly hath in any other manner contemned despised or reviled the said Sacrament contrary to the Edicts and Declarations heretofore c. 1 Ed. 6. 1. § N. 1 Eliz. 2. § N. and 23 Eliz. 1. § N. Indictment XI The Laws c. 22. Abr. 17. One indicted on 1 Eliz. 2. § 5. N. 1. for Administring Baptism in other form than is thereby prescribed and is convicted and afterwards is again indicted for the like offence 1 Leon. 295. pl. 403. by the opinion of Clench Justice in B. R. the second Indictment must mention the first Conviction or the Judgment cannot be for the second offence viz. Imprisonment for a year and deprivation But Wray Chief Justice held that if both Indictments were before the same Justices they are to take notice of the firct Conviction altho it be not mentioned in the second Indictment and ought to give Judgment accordingly but if the second Indictment be taken by other Justices then without mention therein of the first Conviction they cannot give Judgment for the second offence Bar. Fem. XII The Laws c. 24. Abr. 18. A Feme Covert is within the meaning of 1 Eliz. 2. § 9. N. 1. any person c. and shall be liable to the penalties thereby inflicted Hob. 97. Moor versus Hussey Dyer 203. pl. Sir Edward Walgrave's Case Religion XIII The Laws c. 24. Abr. 20. The hearing of Mass is a maintaining within 1 Eliz. 2. § 9. N. 2. and the person hearing is indictable thereupon Hob. 97. Dyer 203. and 323. pl. Fermors Case Indictment XIV The Laws c. 25. Abr. 21. The Offender in any of these Cases viz. 1 Eliz. 2. § 10. N. 1. and § 11. N. 1. cannot be punished for the second offence before he be adjudged for the first and that second offence must be committed after the Judgment given for the first nor for the third offence before he be adjudged for the second and that third must be committed after the Judgment for the second for quod non apparet non est non apparet Judicialiter ante Judicium 2 Inst 479. Dyer 323. pl. Bar. Fem. XV. The Laws c. 26. A Feme Covert is within this Statute 1 Eliz. 2. § 14. N. 1. all and every person c. and shall forfeit 12 d. if she repair not to Church every Sunday