it be found before any of them that any doth contrary to this Statute then the said Iustices or Iustice Justices shall cause to be reseised the Lands and Tenements so entred or holden as aforesaid and shall put the Party so put out in full possession of the same Lands and Tenements so entred or holden as before § 3. N. 3. And if any person after such entry into Lands and Tenements holden with force make a Feoffment or other Discontinuance Assurances to any Lord or other person to have Maintenance or to take away and defraud the Possession of his recovery in any wise if after in Assise or other Action thereof to be taken or persued before the Iustices of Assises or other the Kings Iustices whatsoever by due enquiry thereof to be taken the same Feoffments and Discontinuances may be duly proved to be made for Maintenance as afore is said that then such Feoffments or other Discontinuances so as before made shall be Void Frustrate and holden for none § 4. N. 1. And also when the said Iustices or Iustice Process make such Enquiries as before they shall make or one of them shall make their Warrants and Precepts to be directed to the Sheriff of the same County Commanding him of the Kings behalf to cause to come before them and every of them sufficent and indifferent persons dwelling next about the Lands so entred as before to enquire of such Entries § 4. N. 2. Whereof every man which shall be impannelled Enquest to enquire in this behalf shall have Lands or Tenements of the yearly value of forty shillings at the least by the year above Reprises § 4. N. 3. And that the Sheriff return Issue upon every of them at the day of the first Precept returnable twenty shillings Sheriffs and at the second day forty shillings and at the third an hundred shillings and at every day after the double § 4. N. 4. And if any Sheriff or Bailiff within a Franchise Return having return of the Kings Writ be slack and make not Execution duly of the said Precepts to him directed to make such Enquiries that he shall forfeit to the King twenty pounds for every Default and moreover shall make Fine and Ransom to the King § 5. N. 1. And that as well the Iustices or Iustice aforesaid Justices as the Iustices of Assises and every of them at their coming into the County to take Assises shall have and every of them shall have Power to hear and determin such Defaults and Negligencies of the said Sheriffs and Bailiffs and every of them as well by Bill at the Suit of the Party greived for himself as for the King to sue by Indictment only to be taken for the King § 5. N. 2. And if the Sheriff or Bailiff be duly attainted in this behalf by Indictment or by Bill that he which sueth for himself and for the King Sheriffs have the one Moyety of the Forfeiture of twenty pounds together with his Costs and Expences § 5. N. 3. And that the same Process be made against such persons Indicted or sued by Bill in this behalf Process as should be against Persons Indicted or sued by Writ of Trespass done with force and Arms against the Peace of the King § 6. N. 1. And moreover if any Person be put out or disseized of any Lands or Tenements in forcible manner or put out peaceably Disseisor and after holden out with strong hand or after such Entry any Feoffment or Discontinuance in any wise thereof be made to defraud and take away the Right of the Possessor that the Party grieved in this behalf shall have Assise of Novel Disseisin or a Writ of Trespass against such Disseisor § 5. N. 2. And if the Party grieved Force recover by Assise or by a Action of Trespass and it be found by Verdict or in other manner by due form in the Law that the Party Defendant entred with force into the Lands and Tenements or them after his entry did hold with force that the Plaintiff shall recover his treble Damages against the Defendant § 6. N. 3. And moreover that he make Fine and Ransom to the King Amercement § 6. N. 4. And that Mayors Iustices or Iustice of the Peace Sheriffs and Bailiffs of Cities Justices Towns and Boroughs having Franchise have in the said Cities Towns and Boroughs like power to remove such Entries and in other Articles aforesaid rising within the same as the Iustices of Peace and Sheriffs in Counties and Countries aforesaid have Force Provided always § 7. N. 1. that they which keep their Possessions with force in any Lands and Tenements whereof they or their Ancestors or they whose Estate they have in such Lands and Tenements have continued their Possessions in the same by three years or more be not endamaged by force of this Statute Riot Our Lord the King c. hath ordained c. that the said Statute C. 14. § 1. N. 15. viz. 2 H. 5. Cap. 9. shall now be kept and firmly holden for a Statute for ever c. Certificat Provided always § 2. N. 1. that it be testified by two Iustices of Peace of the Counties where such Riot shall be supposed that the common Fame and Voice runneth in the same Counties of the same Riots before that the Writ of Capias shall be awarded 2 H. 5. Cap. 9. § 2. N. 1. Indictment Item 11 H. 6. C. 6. Our Lord the King considering the great Losses and Damages which often times have come and be like co come hereafter as well to himself as to many of his Leiges for that where as well divers Indictments and Suits for our Lord the King as other Suits between party and party have been taken before divers Iustices of the Peace Assigned by several Commissions of our said Lord the King in divers Counties of England and divers Pleas and Processes upon these Indictments have been often made and hanging before the same Iustices not determined the which Pleas and Processes have been often Discontinued by making new Commissions of the Peace in those Counties to the great Loss of our said Lord the King and of his Subjects in delay of the same Pleas and Suits and of the Deliverance of his said Subjects Abatement And upon that our Lord the King willing to provide remedy of the Assent and Authority abovesaid hath Ordained and Established § 1. N. 2. that in all such Pleas Suits and Processes in them to be taken and to be made before Iustices of Peace in any County of England the said Pleas and Processes in such Suits to be done shall not be discontinued by such new Commissions of the Peace to be made but these Pleas and Processes shall stand in their force Justices And the Iustices in the same new Commission so Assigned
§ 1. N. 3. after that they shall have the Records of the same Pleas and Processes before them shall have Power and Authority to continue the said Pleas and Processes and the same Pleas and Processes and all that depend upon them to hear and finally to determin as the other Iustices might and ought to have done of and in the same if no new Commission had been made Wax And that as well every Iustice of Peace in the County where he is Iustice as Mayors and Bailiffs within Cities and Boroughs C. 12. § 1. N. 4. Stewards of Lords within the Franchises of their Lords have Power and Authority to Examin and Search viz. those that sell Wax-Candles too dear as well by Weights of such Candles Images Figures and other Works of Wax as in other manner by their Discretion and all them that any thing shall hereafter do against this Statute and to punish them that by such Examination and Search shall be found guilty in the form abovesaid Dayes Item Whereas it was Ordained by a Statute viz. 12 Rich. 2. 14 H. 6. C. 4. Cap. 10. § 1. N. 2. that the Iustices of Peace of all the Counties of England for the time being should sit and hold all their Sessions four times by the year to Enquire and Execute all Charges contained in their Commission which they be sworn to do according to the form of the Statute upon a great pain as by the same Statute more fully appeareth Justices Our Lord the King considering that all the high Courts be set and holden in the County of Midlesex § 1. N. 2. continually during all the four times of the Term by which time of Term the Commons Inhabiting in and of the same County must attend from time to time to Enquire of all the Articles to the said Courts belonging as Reason and Law requireth and that presently after every of the said Terms ended the said Iustices of the said County do sit and hold their Sessions in the same County as they ought to do by force of the said Statute viz. 12 R. 2. Cap. 10. § 1. N. 2. more to avoid the said Penalty than for any other necessary thing there to be required at which Sessions they cause to come before them a great part of the Inhabitants and Commons of the said County of Midlesex to enquire of all manner of things as to them is given in charge and by that means they be charged and vexed throughout all the year as well out of the time of Term as in the time of Term so that they have no rest nor time to do their Husbandry and their Labour to get their Living in any wise to their utter undoing if they be not releived in this behalf § 1. N. 3. Therefore the same our Lord the King willing in this case to provide for them a Remedy hath Ordained by the Advise and Assent aforesaid Peace and at the Request of the said Commons of the Realm that the Iustices of Peace which now be and all other hereafter for the time being in the said County of Midlesex shall be clearly discharged of the said Penalty by Authority of the same Parliament from henceforth the Court of Kings Bench being set in the said County of Midlesex § 1. N. 4. Provided always that the said Iustices of Peace of the said County of Midlesex for the time being keep Force observe and execute the Court of the Sessions of the Peace two times in the year at least and more often if need be for any Riot or forcible Entry made within the same County of Midlesex and that upon the Pain and Forfeiture of such Sums as be for that ordained by any Law made before this time to the end and intent that the said Commons and Inhabitants of the said County of Midlesex be not enforced nor compelled to appear before the Iustices of Peace of the same County for the time being but at such time which shall seem by the Discretion of the same Iustices of Peace necessary and behoofeful 25 Ed 3. Cap. 8. 36 Ed. 3. Cap. 12. 12 R. 2. Cap. 10. § 1. N. 2. 2 H. 5. Cap. 4. § 2. N. 2. 18 H. 6 cap. 11. Item Whereas by Statutes viz. 1 E 3. Cap. 16. § 1. N. 2. Justices 18 E. 3. St. 2. Cap. 2. 13 R. 2. Cap. 7. 17 R. 2. Cap. 10. § N. 2. made in the time of the Kings noble Progenitors it was Ordained that in every County of England Iustices should be Assigned of the most worthy of the same Counties to keep the Peace and to do other things as in the same Statutes fully is contained which Statutes notwithstanding now of late in many Counties of England the greatest number have been Deputed and Assigned which before this time were not wont to be whereof some be of small Behaviour by whom the People will not be Governed nor Ruled and some for their necessity do great Extortion and Oppression upon the People whereof great Inconveniences be likely to rise daily if the King thereof do not provide Remedy § 1. N. 2. The King willing against such Inconveniences to provide Remedy Ability hath Ordained and Established by Authority aforesaid that no Iustices of Peace within the Realm of England in any County shall be Assigned or Deputed if he have not Lands and Tenements to the value of 20 l. by year § 1. N. 3. And if any be Ordained hereafter to be Iustices of Peace in any County which hath not Lands or Tenements to the value aforesaid Justices that he thereof shall give knowledge to the Chancellor of England for the time being which shall put another Sufficient in his place § 1. N. 4. And if he give not the said knowledge as before Notice within a Month after that he hath notice of such Commission or if he sit or make any Warrant or Precept by force of such Commission he shall incur the Penalty of 20 l. and nevertheless be put out of the Commission as before § 1. N. 5. And the King shall have one half of the said Penalty Forfeiture and he that will sue for the King the other half and he that will sue for the King and for himself shall have an Action to demand the same Penalty by Writ of Debt at the Common Law § 2. N. 1. Provided always that this Ordinance shall not extend to Cities Corporation Towns or Boroughs which be Counties Incorporate of themselves nor to Cities Towns or Boroughs which have Iustices of Peace of Persons dwelling in the same by Commission or Warrant of the King or of his Progenitors Ability Provided also § 2. N. 2. that if there be not sufficient Persons having Lands and Tenements to the value aforesaid learned in the Law and of good Governance within any such County that the Chancellor of England for
whereof § 2. N. 1. be it ordained and Enacted by Authority of this present Parliament that if any person or persons of what estate or degree soever he or they be at any time after the first day of April next coming falsly and deceitfully obtain and get into his or their hands or possession any Mony Goods Cattel Iewels or other things of any other Person or Persons by colour and means of any such false token or counterfeit Letter made in any other mans name as is aforesaid that then every such Person and Persons so offending and being thereof lawfully convict by Witnesses taken before the Lord Chancellor of England for the time being or by Examination of Witnesses or Confession taken in the Star-Chamber at Westminster before the Kings most honourable Council or before the Iustices of Assize in their Circuits for the time being or before the Iustices of Peace within any part of the Kings Dominions in their general Sessions or by Action in any of the Kings Courts of Record Imprisonment Shall have and suffer such Correction and punishment by Imprisonment of his Body sitting upon the Pillory or otherwise § 2. N. 2. by any Corporal Pain except pains of death as shall be unto him or them limited adjudged or appointed by the Person or Persons before whom he shall be so convict of the said Offences or any of them Process And be it further Enacted by the Authority aforesaid § 3. N. 1. that as well the Iustices of Assize for the time being as also two Iustices of the Peace in every County whereof the one to be of the Quorum shall have free Power and Authority to call and convent by Process or otherwise to the said Assizes or general Sessions any person or persons being suspected of any of the Offences aforesaid and to commit him or them to Ward or let him or them to Bail till the next Assizes or general Sessions there to be examined and further to be ordered by their discretions as is abovesaid § 4. N. 1. Provided always and be it further Enacted by the Authority aforesaid Franchises that Iustices of Peace within every City Borough Town and Franchise within this Realm or other the Kings Dominions shall have like Iurisdiction Power and Authority at their general Sessions and otherwise to do and execute all and every thing and things in all points as other Iustices of Assizes in their Circuits or Iustices of the Peace in the Counties by Virtue of this Act be limited and appointed to do and execute for the Punishment and Correction of like Offenders as by this foresaid Act is specified and declared § 4. N. 2. Saving to the Party greived by such deceit Collusion such Remedy by way of Action or otherwise of and for the same Mony Goods Cattels Iewels or other things so obtained as he might have had if this Act had never been had ne made anything in the same contained to the contrary in any-wise notwithstanding § 5. N. 1. Provided alwayes France and be it further Enacted by the Authority aforesaid that the Kings Highness Council of his Town of Calice or three of them for the time being shall have such and like Authority for the Examination Bailment and Punishment of such Offender or Offenders and for such Offences hereafter to be committed and done within the Town and Marches of Calice and County of Guiâ—nes as the aforesaid Iustices of Assize or Iustices of Peace have by force of this Act whithin their Iurisdictions and Authorities C. ◠§ 16. N. 2. And that the same Iustices of Peace Games viz. before whom any is brought for using Cross-bow Hand-gun Hagbut or Demyhake not measure c. upon a due Examination and Proof thereof before him had or made by his disretien shall have full Power and Authority to send or commit the same Offender or Offenders to the next Goal there to remain till such time as the said Penalty or Forfeiture Viz. of 10 l. shall be truly contented and paid by the same Offender § 19. N. 1 And be it further Enacted Justices c. that it shall be lawful to all Iustices of Peace in their Sessions c. to inquire hear and determine every such Offence c. committed and done contrary to the tenor of this present Act. C. 9. § 10. N. 3 And that Iustices of Assize of Goal-delivery Iustices of Peace Games and Stewards of Franchises Leets and Law-days have Power to inquire of all the Premises viz. of Archery in their Sessions Leets and Law-days and hear and determine the same and also by their discretion examin all persons lacking and not having Bows Shafts and Arrows according to the form aforesaid § 14. N. 1. Be it further Enacted Process c. that it shall be lawful to all and every the Iustices of Peace in every Shire Mayors Sheriffs Bailiffs and other head-Officers within every City Town and Borough within this Realm from time to time as well within liberties as without as Need and Case shall require to come enter and resort into all and every Houses Places and Alleys where such Games viz. Bowling Coyting Cloysh Cayls half-Bowl Tennis Dicing Table or Carding or any unlawful now Game hereafter to be invented c. shall be suspected to be holden exercised used or occupyed contrary to the form of this Statute § 14. N. 2. And as well the Keepers of the same as also the persons there haunting Imprisonment resorting and playing to take arrest and imprison and them so taken and arrested to keep in Prison unto such time as the Keepers and Maintainers of the said Plays and Games have found Sureties to the Kings use to be bound by Recognizance or otherwise no longer to use keep or occupy any such House Play Game Alley or Place § 14. N. 3. And also that the persons there so found be in likewise bound by themselves or else with Sureties by the discretion of the Iustices Mayors Recognizance Sheriffs c. no more to play haunt or exercise from thenceforth in at or to any of the said places or at any of the said games Parliament Forasmuch as before this time divers and sundry good Laws Statutes Cap 10. Provisions and Ordinances have been made by the Kins Majesty our Natural Soveraign Lord and other his most Noble Progenitors for the Increase and Advancement of the Publick and Common-Wealth of this Realm of England and of his Highness Subjects of the same amongst which some special notable and profitable Laws Statutes Ordinances and Provisions be very requisite convenient and expedient for the same Common-wealth duly and diligently to be put in daily Exercise and Execution Process And such as have been and be Authorised to put in due and just Execution such special and notable Laws Statutes and Ordinances § 1. N. 2. and to correct and
to the intent that the Sheriff shall there answer the same to the Kings use § 3. N. 1. Provided always and be it Enacted by Authority aforesaid Fees that every of the said Iustices of Peace shall have for holding of every of their said Sessions as is aforesaid 4 s. for their Costs § 3. N. 2. And the Clerk of the Sessions by them to be appointed for the making and writing of the Process and Extracts of the Sessions Offices for every Sessions 2 s. to be paid by the hands of the Sheriff of the Kings part and Portion of the Pains Losses and Forfeitures and of the Issues Fines and Amercements aforesaid § 4. N. 1. Provided always that Iustices of Peace in Cities Corporat Boroughs and Towns Corporate not being Shires or Counties of themselves shall assemble once in the year with the Iustices of Peace of the Shire where such Cities Boroughs or Towns Corporate be and shall be limited to execute this Act within the City Borough or Town Corporate where they shall be Iustices of Peace and not elsewhere Indictment Provided also that no Information or Presentment § 5. N. 1. shall be had or taken by the said Iustices of Peace so divided by Authority of this Act but for such Offences Defaults or Contempts as be or shall be done within the limits of their Division Justices And be it further Enacted by Authority aforesaid § 6. N. 1. that the said Iustices of Peace so divided or two of them within the limits of their Division shall have full Power and Authority to examin inquire hear and determin by Information and Tryal as is aforesaid all Defaults and Contempts which after the Feast of the Nativity of our Lord next coming shall be done or committed by any Servants commonly called Yeomen or Grooms Husbandmen Labourers and Artificers or any of them against the tenor form and effect of the Statutes and Laws made for excessive Apparel and to correct and punish the Offenders therein being thereof Convict afore them as is aforesaid according to such Pains Forfeitures and Punishments as is limited by the said Laws and Statutes of Apparrel to be levyed paid and certifyed as is aforesaid Wales And it is further Enacted by the Authority aforesaid § 7. N. 1. that as well the Iustices of Assize as the Iustices of Chester and the Kings Iustices of North-Wales and South-Wales in all and singular their Circuits shall have full Authority and Power by the force of this present Act to inquire as well by Information as by Presentment before them of the Defaults Contempts Omissions Negligences Favours Affections Corruptions and other things whatsoever they shall be of all and singular the said Iustices of Peace which shall not diligently truly and duly see put and cause the said good Laws and Statutes Ordinances and Provisions to be put in due Exercise and perfect Execution according to the effects as well of the said Statutes heretofore made as of this present Act and to hear examin and determin the same as is aforesaid Amercement And to assess such Fines upon the said Iustices of Peace § 7. N. 2. and upon every of them being Convict of any Defaults Negligences and Offences as is aforesaid as to their discretion shall be thought expedient for the Quality and Quantity of their Offences Officers And be it Enacted by the Authority aforesaid that all Sheriffs § 8. N. 1. Bayliffs Constables Head-Boroughs and all and singular other Officers and Ministers whatsoever as well within Liberty as without shall be attendant aiding and assisting to all and singular the said Iustices of Peace in and for the due Execution of this Act upon Pain to make such Fines as by the said Iustices of Peace or two of them shall be assessed to the Kings use by their discretions Justices Provided always § 9. N. 1. that this Statute shall not bind any Iustice of Peace or of Quorum to assemble or execute any thing in this Act or in any other Shire City Borough or place then in such Shire City Borough or place where he shall be resident and dwelling at that time when such Assembly shall be made by vertue of this Act Appearance Provided also § 10. N. 1. that such Lords and others which being Iustices of Peace or Quorum be or shall be of the Kings Privy Council attendant upon his Royal Person or any Principal Officer of his Highness House attendant upon his Office and other which shall happen to be appointed in his Highness Service by his Majesties Commandment shall not be compelled to assemble with the Iustices of Peace or Quorum in any Shire City or Borough or otherwise bounden to do or exercise by Authority of this Act than they be bound to do afore the making of this Act any thing or things contained in this Act to the contrary notwithstanding Prerog Provided also that the Iustices of either Bench § 11. N. 1. Barons of the Kings Exchequer the Kings Attorny and Solicitor and all other Iustices Officers and Ministers being bound to attend at the Terms shall not during their such attendance be compelled to hold or keep any Sessions in the limits divided to them upon the Assembly of the Iustices of Peace as is aforesaid Days And to the intent that the said Iustices Barons § 12. N. 1. and all other Officers and Ministers aforesaid may the better be once in the year at every Assembly aforesaid it is therefore Ordained by Authority of this Act that the Quarter Sessions holden after Easter shall be yearly kept upon the Tuesday next after Low-Sunday in every Shire of this Realm Wales and other the Kings Dominions § 13. N. 1. Provided always Franchise that this Act or any thing therein contained shall not in any wise extend to the County Palatine of Hexam within the County of Northumberland ne to the County Palatine of Ely within the County of Cambridge nor to any Town-Corporate or Liberty within either of the said Counties Palatine having Iustices of Peace for or concerning the extracting returning certifying or levying of any Issues Fines Forfeitures Amercements or Penalties to be assessed or taxed upon any person or persons in any Sessions to be holden within the said Counties Palatine or either of them or within any Town-Corporate situate and being within either of the said Counties Palatine § 13. N. 2. But that the same Issues Fines Forfeitures Amercements Amercements and Penalties and every of them may be assessed taxed extracted returned certifyed and levyed from time to time hereafter in such manner and form to all intents and purposes as they and every of them have been used to be assessed taxed extracted returned certifyed and levyed at any time before the making of this Act or should be assessed taxed extracted returned certifyed and levyed if this Act had never béen
competent sums of mony for and towards the necessary relief of the same impotent old blind and such other among them being poore and not able to work and also for the putting out of such Children to be Apprentices to be gathered out of the same Parish according to the ability of the same Parish 43 Eliz. Cap. 2. § 1. N. 4. 5. § 1. N. 10. And be it also Enacted Justices that if the said Iustices of Peace do perceive that the Inhabitants of any Parish are not able to levy among themselves sufficient sums of mony for the purposes aforesaid that then the said Iustices shall and may tax c. any other of other Parishes or out of any Parish within the Hundred where the said Parish is to pay such c. sums of mony to the Church-wardens and Overseers of the said poor Parish for the said purposes as the said Iustices shall think fit according to the intent of this Law 43 Eliz. Cap. 2. § 3. N. 1. Poor And if the said Hundred shall not be thought to the said Iustices § 1. N. 11. able and fit to relieve the said several Parishes nor able to provide for themselves as aforesaid then the Iustices of Peace at their general Quarter Sessions or the greater number of them shall rate and assess as aforesaid other of any other Parishes or out of any Parish within the said County for the purposes aforesaid as in their discretion shall seem fit 43 Eliz. Cap. 2. § 3. N. 2. Process And that it shall be lawful for the said Church-wardens and Over-seers or any of them by Warrant from any two Iustices of the Peace to levy § 2. N. 1. c. by distress and sale c. 43 Eliz. Cap. 2. § 4. N. 1. Justices And the said Iustices of Peace or any one of them § 2. N. 3. to send to the House of Correction such as shall not imploy themselves to work being appointed as aforesaid 43 Eliz. Cap. 2. § 4. N. 3. Imprisonment And also any two Iustices § 2. N. 4. to commit to Prison every one of the said Church-wardens and Overseers which shall refuse to account c. 43. Eliz. Cap. 2. § 4. N. 4. Apprentice And be it further Enacted § 3. N. 1. that it shall be lawful for the said Church-wardens and Overseers or the greater part of them by the assent of any two Iustices of the Peace to bind any such Children as aforesaid to be Apprentice where they shall see convenient c. 43 Eliz. Cap. 2. § 5. N. 1. Error Provided always that if any c. shall find themselves aggrieved § 3. N. 4. with any Sess or Tax or other Act done by the said Church-wardens c. or by the said Iustices of Peace that then it shall be lawful for the Iustices of Peace at their general Quarter Sessions or the greater number of them to take such Order therein as to them shall be thought convenient and the same to conclude and bind all the same Parties 43 Eliz. Cap. 2. § 6. N. 1. Franchise And be it also Enacted § 6. N. 1 that if it shall happen any Parish to extend it self into more Counties than one or part to lye within the Liberties of any City or Town-Corporate and part without that then as well the Iustices of Peace of every County as also the Head-Officers of such City or Town-Corporate shall deal or intermeddle only in so much of the said Parish as lyeth within their Liberty and not any further 39 Eliz. Cap. 4 § 8. N 1. 43 Eliz. Cap 2 § 9. N 1. Taxes Which sums so taxed viz. not above six pence on every Parish weekly § 10. N. 3. and not under a half-penny shall be yearly assessed by the agreement of the Parishioners within themselves or in default thereof by the Church-wardens and Constables of the same Parish or the more part of them or in default of their agreement by the Order of such Iustice or Iustices of Peace as shall dwell in the same Parish or if none be there dwelling in the Parts next adjoyning 43. Eliz. Cap. 2. § 12. N. 3. Imprisonment And be it also Enacted § 11. N. 1. that the said Iustices of the Peace at their general Quarter Sessions to be holden at the time of such taxation shall set down what competent sum of mony shall be sent Quarterly out of every County or Place Corporate for the relief of the poor Prisoners of the Kings Bench and Marshalsey c. so as there be sent out of every County yearly twenty shillings at the least to the said Prisoners of the Kings Bench and Marshalsey 14 Eliz. Cap. 5. § 37. N. 1. 43 Eliz. Cap. 2. § 14. N. 1. Account And every such Constable shall pay over the same viz. Collections of Tax for the Poor to two such Iustices of the Peace or to one of them § 11. N. 3. as shall be by the more part of the Iustices of Peace of the County elected to be Treasurers of the said Collection which Treasurers in every County so chosen shall continue but for the space of one whole year and then give up their Charge with a due Account of their Receits and Disbursements at their meeting in the Quarter Sessions to be holden after the Feast of Easter in every year to such others as shall from year to year in form aforesaid successively be elected 43 Eliz. Cap. 2. § 14. N. 3. 4. Justices And that c. from time to time it shall and may be lawful C. 4. § 1. N. ◠to and for the Iustices of the Peace of any County or City in this Realm or the Dominions of Wales assembled at any Quarter Sessions of the Peace within the same County City Borough or Town Corporate or the more part of them to set down order to erect or cause to be erected one or more Houses of Correction within their several Counties or Cities § 1. N. 3. For the doing and performing whereof Imprisonment and for the Providing of Stocks of Mony and all other things necessary for the same and for the raising and governing of the same and for the Correction and Punishment of Offenders thither to be committed such Orders as the same Iustices or the more part of them shall from time to time take reform or set down in any their said Quarter Sessions in that behalf shall be of force and be duly performed and put in Execution § 3. N. 1. And be it Enacted Poor c. that every person which is by this present Act declared to be a Rogue Vagabond or sturdy Begger which shall be c. taken begging vagrant wandring or misordering themselves in any part of this Realm or the Dominions of Wales shall upon their Apprehension by the Appointment of any Iustices of the Peace Constable Head-borough
or Tything-man of the same County Hundred Parish or Tything where such person shall be taken c. be stripped naked from the Middle upwards and shall be openly whipped until his or their Body be bloody § 4. N. 1. Provided always and be it Enacted Imprisonment if any of the said Rogues shall appear to be dangerous to the Inferior sort of People where they shall be taken or otherwise be such as will not be reformed of their Roguish kind of Life by the former Provisions of this Act that in every such Case it shall and may be lawful to the said Iustices of the limit where any such Rogue shall be taken or any two of them whereof one to be of the Quorum to commit that Rogue to the House of Correction or otherwise to the Goal of the County there to remain until the next Quarter Sessions to be holden in that County § 8. N. 1. Provided always Franchise that the Iustices of Peace within any County of this Realm or Wales shall not intromit or enter into any City Borough or Town-Corporate where be any Iustice or Iustices of the Peace for any such City Borough or Town-Corporate for the Execution of any Branch c. of this Act for or concerning any Offence Matter or Cause growing or rising within the Precincts Liberties or Iurisdiction of such City Borough or Town-Corporate 39 Eliz. Cap. 3. § 6. N. 1. 43 Eliz. Cap. 2. § 9. N. 1. § 12. N. 1. And be it also further Enacted Justices c. that any two or more Iustices of the Peace within all the said several Shires Cities Boroughs or Towns-Corporate whereof one to be of the Quorum shall have full Power by the Authority of this present Act to hear and determine all Causes that shall come in question by reason of this Act. C. 11. § 2. N. 2. And if upon the same Examination they viz. any Justice of Peace shall find any person Drapery c. to have used or caused to be used in the dying or colouring of any Cloth Wool Yarn Grograin Buffins or Silk or any thing made of Woolen-Yarn or Silk any Logwood alias Block-wood or now or heretofore reputed and taken for Log-wood alias Block-wood then the said Iustices or Iustice Mayor Bailiffs or other Head-Officer being a Iustice of Peace shall not only bind with Surety all such c. whom they shall find so suspected to have offended and such others as may discover the same Offence to the next Quarter Sessions or Goal-delivery which shall happen to be holden for that County City or Town-Corporate but also to certify all such Examinations and Depositions as tend to the finding out or discovery of the said Offences at the Goal-delivery or Quarter Sessions C. 12. § 1. N. 9. viz. that 5 Eliz. Cap. 4. § 15 hath not been duely executed Apprentice c. by reason of Ambiguity and Question have risen and been made whether the raising of all manner of Artificers Work-men and Workwomen his or their Wages other than such as by some Statute and Law have been rated or else such as did work about Husbandry forasmuch as the said Law hath been found beneficial for the Common-wealth 1. Jac. Cap. 6. § 2. N. 2. § 2. N. 1. Be it Enacted that the said Statute viz. 5 Eliz. Cap. 4. § 15. N. 3. 4. Fees and the Authority by the same Statute given to any person or persons for assessing and rating of Wages and the Authority to them in the said Act committed shall be expounded and construed and shall by force of this Act give Authority to all persons having any such Authority to rate wages of any Laborers Weavers Spinsters and Work-men or Work-women whatsoever either working by the Day Week Month Year or taking any Work at any person or persons hand whatsoever to be done 1 Jac. Cap. 6. § 3. N. 1. And whereas in divers Shires within this Realm § 2. N. 2. the Iustices of Peace have not usually kept their general Sessions in one Place of the Shire together but the general Sessions have been kept in several Places for several Divisions by reason whereof the most part of the Iustices of the Peace coming not together nor rating of wages could well be made in the said Shire where such general Sessions have been used 1 Jac. Cap. 6. § 4. N. 1. Justices Be it Enacted c. that the most Iustices of Peace § 2. N. 3. or the more part of them resiant in such Division in any Shire within this Realm where such Sessions have been usually severally kept shall at the same Sessions or at such time of rating of wages as is limited by the said Act c. viz. 5 Eliz. Cap. 4. § 15. N. 6. have as full Authority and Power to rate all manner of wages to be rated within the limits of such Division in any such Shire as if the same were done in the general Sessions for the said County or by the most part of the Iustices meeting for the rating of wages by the said Act 1 Jac. Cap. 6. § 5. N. 1. Certificate And be it further Enacted that no person § 3. N. 1. c. shall incur any Danger or Penalty for not making Certificate into the c. Chancery of any rates of wages appointed to be Certified by the said Act viz. 5 Eliz. Cap. 4. § 15. N. 6. 1 Jac. Cap. 6. § 8. N. 1. Fees But the said Rates ingrossed in Parchment and sealed c. shall § 3. N. 2. if the same be in any Shire be kept by the Custos Rotulorum of the said County amongst the Records in his Custody for the said Shire and in any City or Town-Corporate amongst the Records of the said City or Town Corporate 1 Jac. Cap. 6. § 8. N. 2. Corn. Whereas greater quantity of Mault is daily made than either in time past was or is now needful Be it Enacted c. that from time to time Cap. 16. and at all times hereafter it shall and may be lawful for the Iustices of Peace within this Realm in their open Quarter Sessions to suppress discharge or restrain the superfluous and unnecessary number of Malsters in part or in whole and also to restrain such c. as to their Discretions shall seem meet from the buying of Barly to convert into Mault in part or in all for such time c. as to their discretions shall seem meet Poor And be it further Enacted C. 17. § 4. N. 1. that it shall be lawful for the Iustices of Assizes Iustices of Goal-delivery and the Iustices of Peace of every County and all Iustices of Peace in Towns-Corporate having Authority to hear and determine Felonies to hear and determine all such Offences viz. of wandring idle Souldiers and Mariners hereby made Felony without Clergy in their General Sessions Mettle The same viz. three
Iustices in the said County within the said Term of Seven Years if it shall seem good in their discretions to discharge the said Recognizance and Bond so taken and also the said Party and Parties so bound c. Ways And that the Iustices of Peace or any four of them in either of the said Counties whereof one to be of the Quorum C. 23. § 4. N 3. severally and respectively shall have Power and Authority by this Act to tax assess and rate all and every the Inhabitants of the said several Counties of Glocester and Monmouth severally and respectively as well within Liberties as without to such reasonable sum and sums of mony from time to time as to the said Iustices or any four of them in either of the said Counties severally and respectively whereof one to be of the Quorum shall be thought fit needful and convenient for the building new making up and erecting of the said Bridge viz. of Chepstow and for the continual reparation thereof Ways And be it further Enacted C. 24. § 3. N. 1. c. that the Iustices of Peace of the said County of Worcester or any three four or more of them to be nominated and agreed on by the Iustices of Peace of the said County or the more part of them in their general Quarter Sessions shall have full Power and Authority from time to time as often as need shall require untill the said Bridge viz. over the Severn near Upton shall be fully reedified c. to rate tax and assess the said County of Worcester and the several Hundreds Towns Parishes Villages and Hamlets within the same and every Inhabitant or Dweller within any the said Hundreds c. other than the said City of Worcester and the Citizens aforesaid concerning their Lands Goods and Chattels aforesaid to such reasonable sum and sums of mony as to the said Iustices so nominated as aforesaid or any three four or more of them shall be thought fit and convenient Scotland And be it further Enacted 4 Jac. Cap. 1. § 28. N. 1. c. that every Iustice of Peace of the Counties aforesaid viz. of Cumberland Northumberland Westmerland c. unto whom Complaint shall be made viz. of Offences in England by Scots or in Scotland by English shall have full Power and Authority by vertue of this Act to bind over by Recognizance in a convenient Sum taken to his Majesties use as well the Party prosecuting as any Witnesses which he shall desire to produce so as the said Witnesses may have their reasonable charges first tendred unto them to prosecute and give in Evidence before such his Majesties Iustices as aforesaid as the Case shall require 7 Jac. Cap. 1. § 3. N. 1. C. 4. § 2. N. 1. And be it further Enacted Ale c. that all Offences to be done or committed contrary to the true meaning of this Act viz. of selling Ale without Licence c. and all Penalties aforesaid shall be inquired of sued for heard and determined in the Sessions of the Peace for the County City or 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 Information Indictment or Presentment wherein no Essoyn Protection or Wager of Law shall be allowed to the Defendant C. 5. § 2. N. 2. And if the said person Ale c. so convicted viz. of being drunk shall refuse or neglect to pay c. viz. 5 s. then the same shall be from time to time levyed of the Goods of every such person c. so refusing or neglecting to pay the same by Warrant or Precept from the same Court Iudge or Iustices before whom the same conviction shall be § 2. N 3. And if the Offender Imprisonment c. be not able to pay the said sum of five shillings then the Offender c. shall be committed to the Stocks for every Offence there to remain by the space of six hours § 3. N. 1. And be it further Enacted c. that if any Constable Constable or any other inferior Officer of that Parish or Place where the Offence shall be committed to whom that shall be given in Charge by the Precept of any Mayor Bailiff other Head-Officer or Iustices of the Peace within their several Limits do neglect the due Correction of the said Offender or the due levying of the said Penalties where Distress may be had then every person so offending shall forfeit the sum of ten shillings c. to be levyed by way of distress by any other person c. having Warrant from any Mayor Bailiff or other Head-Officer Iustices of Peace or Court where any such Conviction shall be c. § 5. N. 2. Be it further Enacted Justices c. that all the Offences in this and the said former Act viz. 1 Jac. Cap. 9. mentioned viz. selling Ale without Licence being drunk c. shall be from time to time diligently inquired of and presented before the Iustices of Assizes in their Circuit Iustices of Peace in their Quarter or Ordinary Sessions and before the Mayors Bailiffs or other Head-Officers of every City or Town-Corporate who have Power to inquire of Trespasses Riots Routs forces and such like Offences and in every Court-Leet and thereupon such due proceeding shall be against the Offender c. for their due Conviction in that behalf as in such like Cases upon any Indictment or Presentment is used by the Laws of the Realm or Customs of the City Town or Place where such Presentment or Indictment shall be inquired of and found 7 Jac. Cap. 1. § 3. N 1. For the preventing Scotland c. viz. of not sending English into Scotland for Offences there Contra Be it Enacted c. that if any time c. any person c. shall commit c. pety Treason Murder Manslaughter Felonious burning of Houses and Corn Burglary Robbing of Houses by day Robbery Theft or Rape and do or shall fly or escape into the Realm of England and be or shall be apprehended c. within the Parts c. lying on the North-side of the River Tyne c. that then it shall and may be lawful to and for the Iustices of Assize or any one of them in the absence of the other the Iustices of Goal-delivery at their Goal-delivery or any four of them or the Iustices of Peace in their General or Quarter Sessions or any four of them upon due and mature Examination of the said Offence c. in open Sessions and pregnant proofs of the same by Warrant under their Hands and Seals to remand and send all and every such Offender c. into the Realm of Scotland there to receive their Tryal for any the Offences aforesaid by them there committed any thing in the said Statute viz. 4 Jac. Cap. 1. § 37. N. 1. to the
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
shall use Imploy or Travel upon the Lords Day with any Boat Wherry Lighter or Barge Religion except it be upon Extraordinary occasion to be allowed by some Iustice of the Peace of the County or head Officer or some Iustice of the Peace of the City Borough or Town Corporate where the Fact shall be Committed N. 3. Vpon pain that every Person so Offending shall forfeit and lose the Sum of Five shillings for every such Offence Forfeiture N. 4. And that if any person Offending in any of the Premisses Dayes shall be thereof Convicted viz. for Trading on the Lords Day c. before any Iustice of Peace of the County or the Chief Officer or Officers or any Iustice of Peace of or within any City Borough or Town Corporate where the said Offences shall be Committed upon his or their View or Confession of the Party or proof of any one or more Witnesses by Oath which the said Iustices Chief Officer or Officers is by this Act Authorized to Administer the said Iustice or Chief Officer or Officers shall have Warrant under his or their Hand and Seal to the Constables or Church-wardens of the Parish c. where such Offence shall be Committed to Seize the said Goods cried shewed forth or put to Sale as aforesaid and to Sell the same and to Levy the said other Forfeitures and Penalties by way of Distress and Sale of the Goods of every such Offender distrained rendering to the said Offenders the overplus of the Monies raised thereby N. 5. And in default of such Distress or in Case of Insufficiency or Inability of the said Offender to pay the said Forfeitures or Penalties Imprisonment that then the party Offending be set publickly in the Stocks by the space of Two hours N. 6. And all and singular the Forfeitures or Penalties aforesaid viz. for Trading or Travelling Forfeiture c. on the Lords Day shall be Imployed and Converted to the use of the poor of the Parish where the said Offences shall be Committed saveing only that it shall and may be lawful to and for any such Iustice Mayor or head Officer or Officers out of the said Forfeitures or Penalties to reward any person c. that shall Inform of any Offence against this Act according to their Discretions so as such reward excéed not the third part of the Forfeitures or Penalties Statuta 29 30 Car. 2. Scotland BE it therefore Enacted 29 30 Car. 2. 2. § 1. N. 2. c. viz. because found necessary that the said two former Acts viz. 13 14 Car. 2. 22 18 Car. 2. 3. and either of them and every matter Clause and Clauses therein contained and all and every the Powers and Authorities thereby given shall be continue and remain in full force from henceforth for and during the space and time of Seven years and also from thence until the End of the first Session of the next Parliament Peace Be it further Enacted § 2. N. ◠c. that the said several Iustices of the Peace of the said respective Counties shall from time to time at the respective Quarter-Sessions take good and sufficient Security of the Person or Persons by them Imployed in the said Service for the preservation of the said respective Counties from Theft and Rapine to answer the Damages sustained by any person or persons by his or their neglect or default therein and to pay and satisfie the same within Four months after that proof thereof shall be made by the Oath of one or more Credible Witnesses before the Iustices of the Peace of the said respective Counties at the next Quarter-Sessions in the respective County Oath Which Oath or Oaths the said Iustice or Iustices are hereby Authorized to Administer N. 3. so as the Goods stoln be entred in one of the Books to be kept for that purpose within the space of xlviii hours after the same shall be stoln or gone Record And that Books shall be kept for that end in every Market Town of the said respective Counties and at such other Convenient places therein N. 4. and by such person or persons as the said Iustices of the Peace in the said respective Counties at their General Sessions of the Peace shall order or appoint Justices And be it further Enacted § 3. N. 1 c. that the said several Iustices of the Peace of the said respective Counties at the General Quarter-Sessions of the Peace for the said County respectively shall yearly or every two years at the furthest in open Court make choice thereof and appoint such Person or Persons as they shall respectively think fit for the said Counties respectively to be Imployed in the said Service Religion Provided that every Person and Persons employed for the preservation of the said respective Counties from Theft and Rapine § 4. N. 1. or as Treasurer for the said Service do receive the Sacrament of the Lords Supper according to the usage of the Church of England in some publick Church upon some Lords Day commonly called Sunday within the space of Thrée months after they shall enter upon such Imployment and deliver a Certificate thereof to the next Quarter-Sessions in the respective County where they shall be so Imployed and take the Oaths of Allegiance and Supremacy and make and subscribe the Declaration appointed to be made and subscribed in and by one Act in this present Parliament c. viz. 25 Car. 2. 2. c. under the Penalties and Forfeitures by the said Act appointed Statuta 30 Car. 2. 30 Car. 2. 3. § 4. N. 4. VIz. The Five pounds Penalty for not Burying in Woolen Drapery c. to be Levied by way of Distress and Sale thereof by Warrant of the Chief Magistrate in any Town Corporate or any Iustice of the Peace c. § 5. N. 1. And it is hereby further Enacted c. that the said Affidavit Oath viz. of Parties being Coffined in Woollen only shall be made or taken before some Iustice of the Peace or Master of the Chancery Ordinary or Extraordinary Mayor Baliff or other Chief Officer of the City County Borough Corporation or Market Town in the County where the said Party was Buried who are hereby Authorized and required to Administer the said Oath and to attest the same under their Hands upon such Affidavit gratis N. 2. And in Case no such Affidavit shall be brought to the Person Church c. where the said Party was Buried c. within the said Eight dayes that such Person c. shall forthwith c. cause notice thereof to be given in Writing under his Hand to the Church-warden or Overseers of the Poor of such Parish who shall within Eight dayes after such notice repair to the Chief Magistrate in any Town Corporate c. or else to any Iustice of the Peace who upon the
viz. in Fishing or watering Hemp in the Severn c. shall be punished for any of the Offences aforesaid unless by Information or Indictment before his Majesties Iustices of Assize and Nisi prius Oyer and Terminer and General Goal Delivery or in the General Sessions of the Peace to be holden for the said County respectively wherein the same shall be Committed N. 2. And upon Conviction of any Person c. for any of the Offences aforesaid Execution viz. Fishing or watering Hemp in the Severn the said respective Courts shall Award Execution for the said Forfeitures the one moiety thereof to the use and benefit of the Poor of the Parish where the said Offence shall be Committed and the other moiety to such person or persons as shall prosecute the same by Fieri facias or Capias ad satisfaciendum as the Kings Majesties Iustices at Westminster may and use to do Statuta 31 32 Car. 2. 31 Car. 2. 2. § 21. N. 2. BE it therefore Enacted Imprisonment That where any person shall appear to be Committed by any Iudge or Iustice of the Peace and charged as Accessory before the Fact to any Petty Treason or Felony or upon suspition thereof or with suspition of Petty-Treason or Felony which Petty-Treason or Felony shall be plainly and specially expressed in the Warrant of Commitment that such person shall not be removed or Bailed by vertue of this Act or in any other manner then they might have béen before the making of this Act. Statuta 32 Car. 2. 32 Car. 2. 1. § 3. N. 1. BE it therefore Enacted c. viz. to avoid Travel c. That Drapery c. where no Iustice of Peace shall reside or to be found in any Parish where any Party shall be Interred the Oaths and Affidavits viz. 30 Car. 2. 3. § 4. N. 2. of Burying in Woolen c. may be Administred not only by any Iustice of the Peace or Master of Chancery Ordinary or Extraordinary Mayor Bayliff or other Chief Officer of the City County Borough Corporation or Market Town in the County where any Party was Buried But also that the Parsons Vicars and Curates in every Parish or Chappel of Ease within the County where any Party shall be Interred except only the Parson Vicar and Curate of the Parish or Chappel of Ease where the Party is Interred concerning whose Interment in Woollen such Affidavit is to be made be and are hereby Authorized and required to Administer the said Oaths or Affidavits and to attest the same under their hands Gratis C. 2. § 6. N. 2. The same viz. xl s. for every great Cattle Ireland and x s. for every Sheep or Swine Import from Ireland not Seized Killed and Distributed by Seizors Church-wardens and Overseers failing of their Duty c. to be Levied by Distress and Sale of the Goods and Chattels of the Person c. so Offending by Warrant under the Hand and Seal of any Iustice of Peace of the said County or place where the said Offence shall be Committed upon Confession of the party View of the said Iustice or Oath thereof made before such Iustice by one or more Credible Witness c. other then the Informer which Oath the said Iustice hath hereby power to Administer rendering the overplus to the Owners thereof necessary Charges of distraining being first deducted And for want of such Distress the said Offender N. 3. c. to be Committed to the common Goal of the said County or place there to remain for the space of three months without Bail or Mainprise Several Heads wherein Lambert Crompton and Dalton are Reduced and the Particular Statutes accommodate to present use Abby Monestries Religious Houses Chantries 1. ON 27 H. 8. 27. 28. § 11. N. 1. the Quarter and General Sessions shall Hear and Determin the not keeping Houses of Husbandry and Tillage by the Patentee of the Scite c. and this is given in Charge Lamb. 4. cap. 4. pag. 463. Crompt 96. see 21 Jac. 28. § 11. N. 39. 69. Husbandry Abettors see Accessary and Appeal Abjuration Oath Sanctuary Exile I. DAlt. J.P. cap. 68. A man that is abjur'd may have the surety of the Peace granted to him or against him Surety of the Peace for notwithstanding the Abjuration he oweth the King his Legiance and remaineth within the Kings Protection and the King may pardon and restore him again Qui abjurat Regnum amittit Regnum non Regem 7 Co. 9. b. Calvin's case II. Dalt J.P. cap. 92. also to kill a man that hath abjured the Realm Homicide is Felony 7 Co. 9. b. Dr. Stud. 133. III. By 9 H. 3. St. 2. cap. 10. Charta de Foresta Deer-killer that cannot find Sureties after a year and a days Imprisonment shall abjure the Realm Forest IV. By Westm. 1. 3 Ed. 1. cap. 15. § 1. N. 3. the Sheriff shall not let to Bail those which have abjured the Realm Bail V. By 3 Ed. 1. W. 1. cap. 20 § 1. N. 2. if Trespassers in Parks after three years Imprisonment cannot find Sureties he shall abjure the Realm Forest VI. By 9 Ed. 2. cap. 15. § 1. N. 2. a Clerk submitting to the Law Ecclesiastical persons and taking Sanctuary shall not be forced to abjure VII By 21 H. 8. 2. Persons abjure to be marked with an hot Iron on the Thumb Pain VIII By 22 H. 8. 14. § 1. N. 6. Persons taken out of Sanctuary after Abjuration to be Hang'd 3 Inst 115. Sanctuary IX Lamb. 2. cap. 7. pag. 200. one Justice of Peace may take out of Sanctuary certain persons abjured thither and others being Indicted of some kind of offences done after they became Sanctuary-men 22 H. 8. 14. § 3. N. 2. so Crompt J. p. 195. § 7. X. By 35 Eliz. 1. § 2. N. 3. the Abjuration of a Seditious Sectary being made in the open Quarter-Sessions of the Peace ought to be certified from thence to the Justices of Assize at the next Assizes Certificate XI By 35 Eliz. 2. § 8. N. 4. Popish Recusant unless Feme Covert not having twenty Marks per annum shall abjure before two Justices Pope XII Lamb. 4. cap. 4. pag. 414. Article of Charge at the Sessions of the Peace on 35 Eliz. 1. § N. cap. 2. § 8. N. 5. If any Popish Recusant or other Seditious Sectary which is by any of the Statutes to be abjured this Realm and all his Majesties Dominions have either refused to make such Abjuration or making it have not gone to such Haven within such time as was to him therefore appointed and have not from thence departed this Realm or after such departure have returned into any his Majesties Dominions without his special license Sessions XIII Lamb. 4. cap. 19. pag. 619. the Abjuration of a Seditious Sectary ought to be made in the open Quarter-Sessions of the Peace and there
c. being bailable by the Law shall not c. be let to Bail or Mainprise by any Justices of Peace if it be not in open Sessions except it be by two Justices of the Peace at the least whereof one to be of the Quorum and the same Justices to be present together at the time of the said Bailment or Mainprise Lamb. 339. Crompt 156 b. 157. infra XIII 1 2 Phil. Mar. 13. § 3. N. 2. Which Bailment or Mainprise they shall certifie in writing subscribed or signed with their own hands Certificate at the next general Goal-delivery to be holden within the County where the said person c. shall be arrested or suspected 3 H. 7. 3. § 1. N. 4. Examination XIV 1 2 Phil. Mar. 13. § 4. N. 1. And that the said Justices or one of them being of the Quorum when any such Prisoner is brought before them for any Man-slaughter or Felony before any Bailment or Mainprise shall take the Examination of the said Prisoner and Information of them that bring him of the Fact and circumstances thereof and the same or as much thereof as shall be material to prove the Felony shall put in writing before they make the same Bailment Certificate XV. 1 2 Phil. Mar. 13. § 4. N. 2. Which said Examination together with the said Bailment the said Justices shall certifie at the next general Goal-delivery to be holden within the limits of their Commission Landon XVI 1 2 Phil. Mar. 13. § 6. N. 1. Provided c. and be it further Enacted c. that Justices of Peace and Coroners within the City of London and County of Middlesex and in other Cities Boroughs and Towns Corporate within this Realm and Wales shall within their several Jurisdictions have authority to let to Bail Felons and Prisoners in such manner and form as they have been heretofore accustomed this Act c. notwithstanding Justices XVII Lamb. 3. cap. 2. pag. 338 339. It seemeth that Justices of the Peace might after the Statute 34 Ed. 3. 1. § 1. N. 6. that made them compleat Judges have letten to Bail such persons as were Indicted of Felony before them in their Sessions even as the Justices of the Kings Bench used to do but not such as were arrested for suspicion of Felony and not Indicted thereof before them because before the Indictment they were no Judges over them and for help herein 1 R. 3. 3. § 1. N. 2. was ordained but that Law begat some inconvenience and therefore it was soon after repealed by 3 H. 7. 3. § 1. N. 7. And here again there sprung up another inconvenience for then Justices of Peace would not stick to borrow one anothers Name as many yet still do and by that means defraud the good meaning of the Statute whereupon it was lastly provided against by 1 2 Phil. Mar. 13. § 3. N. 1. Crompt 156 b. 157 a. infra 33. Imprisonm XVIII Lamb. 340. recited 1 2 Phil. Mar. 13. Because it both comprehendeth some such other things as must concur with the Bailment of the Prisoner and also provoketh to set down what persons are Bailable c. Justices XIX Lamb. 342. Both these last Statutes 3 Ed. 1. W. 1. cap. 15. 23 H. 6. cap. 10. as appeareth were at the first made to give a Rule unto Sheriffs and other Officers as well for the letting to Bail as for the retaining of their Prisoners but as 3 Ed. 1. 15. is by the express letter of 1 2 Phil. Mar. 13. § 2. N. 1. set forth as a Line whereby the Justices of Peace are to guide themselves so it seemeth to me that they ought to have an eye to the other Statute also viz. 23 H. 6. 10. § 1. N. 6. forasmuch as certain other persons be therein also mentioned not to be Bailable by Law and so within the reach of the very words of 1 2 Phil. Mar. 13. § 3. N. 1. Coron XX. Lamb. 342. That 1 2 Phil. Mar. 13. § 3. N. 1. seemeth to distinguish these words death of a man in 3 Ed. 1. 15. § 1. N. 2. and in this place to restrain them to Murder only saving that 1 2 Phil. Mar. 13. § 3. N. 1. admitteth that for some death or Man-slaughter the slayer may be lawfully Bailed which also is the common practice in that behalf Days XXI Lamb. 342. ibid. We learn also that he which within the year is acquitted of Murder or Man-slaughter at the Kings Suit must be remitted to Prison or let to Mainprise till the end of the year and the party grieved may in the mean time commence his Appeal 3 H. 7. 1. § 1. N. 15. Indictment XXII Lamb. 3. cap. 2. pag. 343. It seemeth moreover that he which is Indicted of Felony is not Bailable 41 Ass 30. nor he which confesseth the Felony whereof he is accused for the Statute 3 Ed. 1. 15. § 1. N. 4. meaneth to exclude the one when it saith that he which is Indicted of Pety-Larceny may be Bailed the other 3 Ed. 1. 15. § 1. N. 3. when it denieth Bail to a Prover who must begin with confession of his own fault before he may be admitted to burthen another man XXIII Lamb. 343. ibid. And if a man be taken upon Process of Rebellion issuing out of the Chancery or Star-Chamber Process those Justices of Peace may well be thought void of discretion that shall take upon them to Bail him 23 H. 6. 10. § 1. N. 6. Crompt 152 b. § 2. Dalt 312. XXIV Lamb. 343. ibid. Ability Further me thinketh that I may set down this as a Rule even at the Common Law concerning Bailments That the Justices of Peace cannot meddle with the Bailment of any Prisoner except he be Prisoner for such a cause whereof the Justices of Peace be competent Judges which also was the cause that one Justice of the Peace could not by force of the Commission only have bail'd suspects of Felony before that they were Indict thereof c. for out of Sessions and before Indictment they were no Judges of such a matter XXV Lamb. 343 344. And on the other side it seemeth Justices that two Justices of the Peace the one of them being of the Quorum may out of the Sessions Bail such as come into Prison by the Process of the Sessions made upon penal Laws not forbidding Bail because two such Justices be competent Judges of all those matters insomuch as they may hear and determine them XXVI Lamb. 344. This I will say for all that it becometh Justices of the Peace to be very circumspect in granting Bail Imprisonm both for fear of wrong by denying it to him that is Replevisable and for fear of danger to the Service it self by giving it where it is not grantable and therefore I advise them to consider first
as many of the said Poor folks as by their discretion they shall think good a sufficient Licence under the seal appointed for the limit to go abroad to beg get and receive the Charitable Alms of the Inhabitants of the Country out of the said Parishes Cities and Towns so charged License CCXXXVII 2 3 Ph. Mar. 5. § 7. N. 3. In which Licence the places Towns and Parishes to which such Poor folks are by that License Licensed to resort shall in the same License be named limited and appointed be it one Hundred or more in the said County at the said discretion of the same Justices Lieu. CCXXXVIII 2 3 Ph. Mar. 5. § 7. N. 4. And if any of the said Poor folks so Licensed shall transgress the limits to them appointed and resort to beg at other places than is in the said License named the party so transgressing and offending to be taken for a Valiant Begger and punished according to the Statute c. viz. 22 H. 8. 12. and his or their License to be taken from them Corporation CCXXXIX 2 3 Ph. Mar. 5. § 8. N. 1. And be it further Enacted that where any of the said Cities Boroughs Towns-Corporate or Parish so surcharged is situate and standing in one County or two Counties of this Realm or situate and standing in one and immediatly adjoyning to another County of the Realm as the City of Bristow and Towns of Ludlow and Stanford stand that in those Cities the said Mayor Head-Officers and Inhabitants of every such City Borough Town-Corporate and Parish shall make Certificate unto the Justices of the said Counties adjoyning to the same Cities Boroughs Towns-Corporate and Parishes and the same Justices of the said adjoyning County or Counties to do give License and follow the order above remembred according as other Justices of the Counties in which the Parish surcharged standeth is limited and Authorized to do CCXL 2 3 Ph. Mar. 5. § 9. N. 1. And be it Enacted Corporation that in all Cities Boroughs and Towns-Corporate within which be divers Parishes the Mayors and Head-Officers of every the same Cities Boroughs and Towns-Corporate shall consider the state and Ability of every such Parish and if the same Mayor and Officers shall understand by their discretion that the Parishioners of every one of the said Parishes is of such Wealth and Honor that they have no poverty amongst them or be able sufficiently to releive the poverty of the Parish where they inhabit and dwell and also to help and succor poverty elsewhere further that then the said Mayor and Officers with the assent of two of the most honest of the Inhabitants and substantial of every such wealthy Parish shall consider the neediness of the Inhabitants of the other Parish or Parishes within the same City or Town-Corporate and move induce and perswade the Parishioners of the Wealthier Parish Charitably to contribute somewhat according to their ability towards the Weekly relief succor and consolation of the poor and needy within the other Parish or Parishes aforesaid where need is CCXLI. 2 3 Ph. Mar. 5. § 10. N. 1. And be it also Enacted that all and every such Poor folks as by any such License Notice are to be Licensed and authorized to resort out of the limits liberties and franchises of all and every such City Borough and Town-Corporate into any the said Counties to beg get and gather the Charitable Alms of good people shall at all times when the same go abroad to beg weare openly upon him or them both on the breast and the back of his or their uttermost Garment some notable Badge or Token to be assigned unto him by the Mayor or Head-Officers of the same City Borough and Town-Corporate or Parish with the assent of the Justices of Peace that shall grant the same License upon pain to be taken for a valiant begger and to be punished as afore is remembred and shall also carry his License with him upon like pain CCXLII. 2 3 Ph. Mar. 5. § 10. N. 2. This act to endure to the latter end of the first Session of the next Parliament Continuance 1 Eliz. 18. § 3. N. 5. CCXLIII 2 3 Ph. Mar. 5. § 12. N. 1. Provided always and be it Enacted London c. that all and every summ and summs of mony from henceforth to be collected or gathered within the City of London or the liberties of the same by vertue of this Act shall be paid over to the Governors of the Hospital called the Hospital of Christ-Church within the said City of London for the time being and shall be by them from time to time distributed and bestowed for the relief of the Poor of the said City according to their Wisdoms and discretions any thing in this Act mentioned to the contrary notwithstanding 14 Eliz. 5. § 27. N. 1. CCXLIV 5 Eliz. 3. § 1. N. 2. Be it Enacted c. that the Statute Continuance c. viz. 22 H. 8. 12. and also the Statute c. viz. 3 4 Ed. 6. 16. and every Article Clause Branch Sentence and other things contained in them and either of them other then such things as shall be by this present Act otherwise ordained and provided for shall stand and remain and be in their full force and effect and shall be also from henceforth justly and truly put in Execution according to the true meaning of the said several Statutes and every of them 14 Eliz. 5. § 1. N. 6. CCXLV 5 Eliz. 3. § 2. N. 7. And if the said Mayors Bailiffs Forfeiture Head-Officers Parson Vicar Curate and Church-warden or any of them fail in the doing and Executing of the premisses in form above declared viz. 2 3 Ph. Mar. 5. § 3. he or they so making default to forfeit for every such default 40 s. to be imployed to the use of the Poor of that Parish where he or they do inhabit to be levyed by the Collectors of the same Parish by way of distress or otherwise as is appointed by this Act for levying of like forfeitures Officer CCXLVI 5 Eliz. 3. § 3. N. 2. viz. None shall refuse but justly Execute Office of Gatherer c. upon pain to forfeit 10 l. the one moity thereof to the Church-wardens of the Parish where he or they shall be Elected Collector and the other moity thereof to the use and relief of the poor of the said parish to be levyed by the Church-wardens where they or he dwelleth of the Goods of the said Gatherer c. so refusing by distress or else by action of Debt Bill Plaint or Information to be brought or pursued by the said Church-wardens of the said parish where they shall dwell in any Court of Record or in the Court of any Lord of any Mannor within the said parish where the said Gatherer shall be so chosen in which suit
no protection or wager of Law shall be allowed or admitted for the party defendent Church wardens CCXLVII. 5 Eliz. 3. § 4. N. 1. And be it further Enacted c. that if the said Church-wardens or either of them shall refuse to sue for the said forfeiture or within two months next after the same cause of forfeiture shall be given shall not sue or take the remedy for the recovery thereof in such manner and form as before this present Act is limited and appointed that then the same Church-wardens so making default of suit shall forfeit and lose 20 l. of Lawful mony of England the one moity thereof to him or them that will sue for the same by action of debt bill plaint or information in any Court of Record or in the Court of any Lord of any Mannor within the Parish where the said Church-wardens shall dwell and the other moity to the use of the Poor of the said parish in which suit no Essoyn Protection or wager of Law shall be admitted or allowed for the party defendent Incumbent CCXLVIII 5 Eliz. 3. § 5. N. 2. Be it Enacted c. that every Parson Vicar Curate or Minister of every parish within this Realm shall yearly forevermore upon the Sunday before Midsummer in the Pulpit or some other convenient place in the Church give knowledge and warning at the end of some of the Morning service to the Parishioners then and there present to prepare themselves on the Sunday next after Midsummer day then next following to come to the Church and there to elect and chuse Collectors and Gatherers for the Poor according to the tenor of this Act. Incumbent CCXLIX 5 Eliz. 3. § 5. N. 3. And if the Parson Vicar Curate or Minister shall make default in giving of the said knowledge that then he or they so making default to forfeit and lose 40 s. towards the reparation of the said Church Church-wardens CCL 5 Eliz. 3. § 5. N. 4. And the Church-wardens of the said Parish to sue and distrain for the same in such form as before is appointed for the other forfeitures Account CCLI 5 Eliz. 3. § 6. N. 1. And further be it Enacted c. that the said Gatherers or Collectors for the Poor so to be chosen as is aforesaid shall make their Just account Quarterly to the Mayors or Chief-Officers of the said Cities Boroughs and Towns Corporate and in every Parish of the said Country to the Parson Vicar or Curate and Church-wardens of the Parish at which account such of the Parish as will may be present Account CCLII 5 Eliz. 3. § 6. N. 2. And when they go out of their Office they shall deliver or cause to be delivered forthwith upon the end of their accounts all such surplusage of mony as then shall remain of their Collection undistributed to be put in their Common Chest of the Church or in some other safe place to the use of the Poor at the oversight and discretion of the Mayor Officers and others before mentioned CCLIII 5 Eliz. 3. § 6. N. 3. And if the said Collectors or any of them do refuse to make their said account within the eight days next after request made to them for the same Account then the Bishop of the Diocess or the Ordinary of the place Chancellors or their Commissaries together with a Justice of Peace and the Church-wardens of the said parish or one of them shall have Authority by vertue of this Act upon complaint to them made to commit the said person or persons so refusing to Ward there to remain without Bail or mainprise until he or they so refusing shall make their said accounts before such persons as the said Bishop Ordinary Chancellors or Commissaries and Justices of Peace shall appoint and to make Immediate payment of the summs wherewith by determination of the said account they shall be charged CCLIV 5 Eliz. 3. § 7. N. 3. And if the person or persons Ordinary so sent for viz. 5 6 Ed. 6. 2. § 5. N. 2. of his or their froward or wilful mind shall obstinately refuse to give weekly for the relief of the poor according to his or their abilites that then the Bishop or Ordinary of the Diocess Chancellors or Commissaries shall have full power and Authority by vertue of this Act to bind the said obstinate and wilfull persons so refusing unto the Queen by recognizance in the the summ of 10 l. which conditition thereupon to be Indorsed that the said obstinate person so refusing shall personally appear before the Justices of Peace of the County where the same person shall then inhabit and dwel if it be out of any City Borough or Town-Corporate and if it be within any City Borough or Town-Corporate then before the Mayors Bailiffs or other Head-Officers of every such City Borough or Town-Corporate at the next General Sessions to be holden before the said Justices within the said County or at the next Court to be holden before the said Mayors Bailiffs or other Head-Officers within every such City Borough or Town-Corporate and that the same obstinate person shall not from thence depart without the License of the said Justices if he dwell out of any City Borough or Town-Corporate of the said Mayor Bailiff or other Head-Officers if he dwel within any such City Borough or Town-Corporate CCLV. 5 Eliz. 3. § 7. N. 4. And if any such obstinate person shall refuse to be bound as is aforesaid that then the said Bishop Ordinary Imprisonment Chancellor or Commissary shall have Authority by this Act to commit the said Obstinate person to prison there to remain without Bail or mainprise until the said obstinate person shall become bound as is aforesaid CCLVI. 5 Eliz. 3. § 8. N. 1. And further be it Enacted Justices c. that the said Justices or such of them as shall be at the said Sessions or the Mayor Bailiffs or other Head-Officers of every such City Borough or Town-Corporate if the said obstinate person do appear before them shall Charitably and gently perswade and move the said obstinate persons to extend his or their Charity towards the relief of the poor of the parish where he or she inhabiteth and dwelleth CCLVII 5 Eliz. 3. § 8. N. 2. And if he or she shall obstinately and wilfully stand in the same Taxes and will not be perswaded therein by the said Justices Mayor Bailiff or other Head-Officers that then it shall and may be lawful to and for the said Justices if it be out of any City Borough or Town-Corporate for the Mayor Bailiff or other Head-Officers of the same City Borough or Town-Corporate with the Church-wardens where the said obstinate person shall inhabit or one of them to sesse tax and limit upon every such obstinate person so refusing according to their Good discretions what sum the said obstinate person shall pay weekly towards the relief of the Poor
within the said Parish where he or she shall inhabit and dwel Taxes CCLVIII. 5 Eliz. 3. § 8. N. 3. And if the said person so seised and taxed shall refuse to pay the summ that shall be so reasonablly limited taxed and appointed then the said Justices of Peace or two of them whereof one to be of the Quorum or the said Mayor Bailiff or other Head-Officers of every such City Borough or Town-Corporate shall have full power and Authority by vertue of this Act upon complaint and certificate to them by the Collectors and Church-wardens of the same Parish where the said obstinate person shall dwell to commit the said obstinate person and persons so refusing to pay to Prison to the next Goal there to remain without Bail or mainprise till he or they have paid the said summ so appointed taxed and limited together with the Arrears thereof if any such shall fortune to be Certificate CCLIX 5 Eliz. 3. § 10. N. 6. And if the said Justices of Peace shall fail to appoint a day and time for inspection of the said poor and examination of the said Certificators viz. 2 3 Ph. Mar. 5. § 7. N. 4. within one month next ensuing the day of the receit of the said certificate or shall grant or give License to any person or persons so certified to go abroad and beg before such time as they shall have viewed and seen the said poor persons and have received Oath of the persons that so certified that the said poor persons for age impotence or sickness in their Consciences and to their knowledge are not able by any work or labor to earn them necessaries meat drink and cloth and the same deposition put in writing subscribed or marked by the persons deposed to forfeit for every such default 10 l. to be imployed to the use of the poor of any parish or parishes within the said County where the said Justices dwell at the oversight and appointment of the Bishop or his Chancellor of the same Diocess to be levyed in sort and form as other forfeitures in this Statute are appointed Justices CCLX 5 Eliz. 3. § 11. N. 1. And be it further Enacted that where any the said Cities Boroughs Towns-Corporate or Parish so charged is Situate and standing in one County or two Counties of this Realm or Situate and standing in one and immediatly adjoyning to another County of the Realm as the City of Bristol and the Town of Ludlow and Stanford stand that in those Cites the Parson Vicar and Curate of the said Parish and the said Mayor Head-Officers and Inhabitants of every such City Borough Town-Corporate and Parish shall make certificate unto the Justices of the said Counties adjoyning to the same Cities Boroughs Towns-Corporate and Parishes and the same Justices of the said adjoyning County or Counties to do give License and follow the order above remembred according as other Justices of the Counties in which the Parish surcharged standing is limited and Authorized to do 2 3 Ph. Mar. 5. § 8. N. 1. Continuance CCLXI 5 Eliz. 3. § 13. N. 3. This Act to indure to the latter end of the first Session of the next Parliament 13 Eliz. 25. § 12. N. 2. Incumbent CCLXII 5 Eliz. 3. § 16. N. 1. Provided always and be it further Enacted that the Curate Minister or Reader together with the Wardens of every Chappel of Ease and where no Wardens are the Warden or two of the chiefest of the Inhabitants resorting and frequenting the said Chappel of Ease for hearing divine service the same inhabitants to be nominated and chosen by the same Curate Minister or Reader Officer CCLXIII 5 Eliz. 3. § 16. N. 2. And also the Collectors and all and every other person and persons to whom in this behalf it shall appartain by force of this Statute shall do execute perform and be lyable to all and every such ordinance clause article sentence and penalties specified and contained in this present Act for and towards the releif of the poor in like manner and form as the Vicar Curate Church-wardens and Collectors of every Parish Church shall may or ought to do by force of this Act according to the purport and true meaning of the same and not be compelable to come or resort to their Parish Church for the same only purpose or intent any thing in this Act before specified to the contrary notwithstanding CCLXIV 5 Eliz. 3. § 17. N. 1. Provided also that this Act Charity or any thing therein contained shall not in any wise extend or be prejudical to any Gift Legacy Conveiance or Assignment of any manner of Lands or other profit heretofore Given Assigned or Bequeathed to the relief of the Poor reparation of Highways or Bridges upon any manner of condition but that the same shall be imployed converted bestowed and accounted for in such manner and form and upon such condition as the same lawfully was or ought to be before the making of this Act. CCLXV. 5 Eliz. 20. § 3. N. 1. And yet moreover Aegyptians viz. Beside 1 2 Ph. Mar. 4. be it Enacted c. that all c. which c. shall be seen or found within this Realm of England or Wales in any Company or Fellowship of Vagabonds commonly called c. Aegyptians or counterfeiting c. Aegyptians and that shall or do continue and remain in the same either at one time or at several times by the space of one month c. shall by vertue of this Act be deemed and Judged a Felon c. CCLXVI. 13 Eliz. 17. § 1. N. 2. For the better perfection and doing whereof viz. Of a Meason de Dieu c. be it Enacted Hospital c. that the said Robert Earl of Leicester his Heirs Excutors or Assigns at his or their Wills and Pleasures shall have full power strength license and lawful Authority to erect found and establish one Hospital or Meason de Dieu within the said Town of Warwick or else within the said Town of Kenelworth at his or their choice and election for the finding sustentation and relief of poor needy and impotent people to have a continuance for ever CCLXVII 14 Eliz. 5. Where all the parts of this Realm and Wales Vagabonds be presently with Rogues Vagabonds and Sturdy Beggers exceedingly pestered by means whereof daily happeneth in the same Realm horrible Murders Thefts and other great Outrages to the high displeasure of Almighty God and to the great annoiance of the common-weal 35 Eliz. 7. § 24. N. 1. CCLXVIII 14 Eliz. 5. § 1. N. 2. And for avoiding confusion by reason of numbers of Laws concerning the premisses standing in force together Parliament CCLXIX 14 Eliz. 5. § 1. N. 3. Be it Enacted that the Statute Continuance c. viz. 22 H. 8. 12. and one other Act c. viz. 3 4 Ed. 6. 16. and one other Act c.
viz. 5 Eliz. 3. and every Branch Article Clause and Sentence in them and every of them contained shall be from and after the Feast of Saint Bartholomew the Apostle next coming utterly void frustrate and of none effect CCLXX. 14 Eliz. 5. § 2. N. 1 Be it also Enacted Nusans c. as well for the utter suppressing of the said outragious enemies to the common-weal as for Charitable relieving of the aged and impotent poor people in manner and form following CCLXXI. 14 Eliz. 5. § 2. N. 2. First that all and every person and persons whatsoever they be being above the age of fourteen years Infant being hereafter set forth by this Act of Parliament to be Rogues Vagabonds or sturdy Beggers and be at any time after the Feast of Saint Bartholomew the Apostle next coming taken Begging in any part of this Realm or taken Vagrant wandring and misordering themselves contrary to the purport of this present Act of Parliament in any part of the same shall upon their apprehension be brought before one of the Justices of the Peace or Mayor or Cheif-Officers of Cities Boroughs or Towns-Corporate within the County City Borough or Town-Corporate where the Apprehension shall happen to be Imprisonment CCLXXII 14 Eliz. 5. § 2. N. 3. And by the said Justice or Head-Officer to be presently committed to the common Goal of the said County being apprehended within the County or else such other place as by the Justices of Peace of that County or three of them at any their general Sessions shall be appointed Corporation CCLXXIII 14 Eliz. 5. § 2. N. 4. And if he be taken within any City Borough or Town-Corporate then to be committed to the said City Borough or Town Corporate Bail CCLXXIIII 14 Eliz. 5. § 2. N. 5. There to remain without Bail or Mainprize until the next Sessions of the Peace or general Goal-Delivery for the said Shire City Borough or Town-Corporate to be holden which shall first happen Constable CCLXXV 14 Eliz. 5. § 2. N. 6. And the Constables or other Officers for the conveying of such Rogue or Vagabond by Commandment of the said Justices to have such reasonable charges for themselves and the Prisoner from time to time born by the Parish or Parishes where the said Rogue or Vagabond shall happen to be taken as to the discretion of the Justices of Peace present at the next Assizes or at the Sessions of the Peace then next kept within the limit where the Prisoner is apprehended shall seem convenient Sessions CCLXXVI 14 Eliz. 5. § 2. N. 7. At which Sessions or Goal-delivery if such person or persons be duly convict of his or her Roguish or Vagabonds trade of Life either by Inquest of Office or by the Testimony of two honest and credible Witnesses upon their Oaths that then immediately he or she shall be adjudged to be grievously whipped and burnt through the Gristle of the right Ear with an hot Iron of the compass of an Inch about manifesting his or her punishment received for the same whereof entry shall be made of Record by the Clerk of the Peace of the same Shire in the Records of the same Sessions Execution CCLXXVII 14. Eliz. 5 § 2. N. 8. Which Judgment shall also presently be executed except some honest person valued at the last Subsidy next before that time to 5 l. in Goods or 20 s. in Lands or else some such honest Housholder as by the Justices of Peace of the same County or two of them shall be allowed will of his Charity be contented presently to take such Offender before the same Justices into his Service for one whole year next following and to that end will presently before the said Justices enter into Bond by Recognizance to the use of our Soveraign Lady the Queen to pay to our said Soveraign Lady the sum of 5 l. if he keeps not the said Offendor in his Service by the space of the said whole year and to bring him or her unto the Sessions at the years end or then good proof of his or her death during the said year Fees CCLXXVIII 14 Eliz. 5. § 2. N. 9. The said Clerk of the Peace taking for the said Recognizance but 12 d. only Departure CCLXXIX 14 Eliz. 5. § 2. N. 10. And if such Rogue or Vagabond so taken into Service depart within the said year from the said Service against the will of him that so taketh him or her into Service that then such Rogue or Vagabond shall be whipped and burnt through the Gristle of the right Ear with a hot Iron as is aforesaid Bail CCLXXX 14 Eliz. 5. § 3. N. 1. Provided always nevertheless that if the said person so committed or to be committed come before the next Sessions of the Peace or the next Goal-delivery to be holden for the said County or before their committing and do find any such Surety as is next before recited to be bound in form aforesaid for him or her for one whole year then the said person shall not tarry in the Goal till the next Sessions or till the next Goal delivery CCLXXXI 14 Eliz. 5. § 4. N. 1. And be it further Enacted Pain that the said person or persons so marked or adjudged to be burnt as aforesaid shall not be dealt withal again by way of punishment by the space of forty days next after the said punishment executed or adjudged to be burnt as is aforesaid if he or she have Licence for the said forty days from two Justices of the Peace of the same Shire testifyng the Punishment received or Judgment given CCLXXXII 14 Eliz. 5. § 4. N. 2. But if after the said punishment Executed or Judgment given the said person or persons Coron so marked or haveing received such Judgment do after threescore days next after he she or they shall be so marked either in the same County where he or she was so marked or having received such Judgement or else in any other County within the said Realm of England or Wales being of the age of Eighteen years or above do Eftsoons fall again to any kind of Roguish or Vagabond trade of life that then the said Rogue Vagabond or Sturdy Begger from thenceforth to be taken adjuged and deemed in all respects as a Felon CCLXXXIII 14 Eliz. 5. § 4. N. 3. And shall in all degrees receive have Forfeiture suffer and forfeit as a Felon except some honest person valued at the last subsidy next before that time to 10 l. in Goods or 40 s. in Lands or else some such honest House-holder as by the Justices of Peace of the same County or two of them shall be allowed of meer Charity will be contented before such Justices as the said Vagabond is or shall be arrained of Felony to take him or her into his service for two whole years then next following and then before the same Justices will then presently
that the said Vagabonds and other lewd persons before recited shall upon their apprehension be committed to the common Goal of the same Shire where they are so taken and apprehended and that in the most Shires of this Realm the Common-Goals are in such Towns where there be a great number of Poor people more than they are well able to sustain with their relief and in some Shires the Assizes are kept far distant from the place where the Common-Goals are by reason whereof the said Prisoners are like to famish for want of sustenance if they be not therefore provided Sessions CCCLXVIII 14 Eliz. 5. § 37. 2. N. 1. For remedy wherof be it therefore Enacted c. that it shall and may be lawful for the Justices of Peace of every Shire within this Realm at their General Quarter-Sessions of the Peace to be holden within the same Shires or the most part of the said Justices being then present to Rate and Tax every Parish within the said Shires at such reasonable summs of mony for and towards the relief of the said Prisoners as they shall think convenient by their discretions so that the said Taxation and rate doth not exceed above 6 d. or 8 d. by the week out of every Parish Church-wardens CCCLXIX 14 Eliz. 5. § 37. 2. N. 2. And that the Church-wardens of every Parish within this Realm for the time being shall every Sunday levy the same and once every Quarter in the year pay to the High-Constables or Head-Officers of every Town Parish Hundred Riding or Wapentake within this Realm all such summs of mony as their Parish shall berated and taxed for and towards the relief of their said Prisoners within their said several Parishes Lambert 467. 468. Constable CCCLXX 14 Eliz. 5. § 37. 2. N. 3. And that the said High-Constables and Head-Officers and every of them shall pay all such summs of mony so to them paid by the said Church-wardens at every General Quarter Sessions to be holden within the said several Shires to such sufficient persons dwelling nigh the said Goals as shall be appointed by the said Justices in their said open Quarter Sessions to be there ready to receive the said mony so Collected as is aforesaid Imprisonment CCCLXXI 14 Eliz. 5. § 37. 2. N. 4. And that the Collectors for the said Prisoners shall weekly distribute and pay all such summs of mony as they and every of them shall receive for the relief of the said Prisoners as aforesaid Church-wardens CCCLXXII 14 Eliz. 5. § 37. 2. N. 5. Upon pain as well the said Church-wardens of every Parish Constables and Head-Officers of every Hundred or Wapentake as also the said Collectors appointed for the Collection and contribution of the said Prisoners so making default as is aforesaid to forfeit 5 l. the one moity therereof shall be to the use of the Queens Majesty her Heirs and Successors and the other moity to the relief of the Prisoners any Statute law custom use or other thing to the contrary in any wise notwithstanding Corporation CCCLXXIII 14 Eliz. 5. § 38. 3. N. 1. Provided always that the Justices of Peace within any County of this Realm or Wales shall not intromit or enter into any City Borough Place or Town-Corporate for the Execution of any Branch Article or Sentence of this Act for or concerning any offence matter or cause growing or arising within the Precincts Liberties or Jurisdictions of such City Borough Place or Town-Corporate but that it shall and may be lawful to the Justice and Justices of the Peace Mayor Bailiffs and other Head-Officers of those Cities Boroughs Places and Towns-Corporate where there be Justice or Justices to proceed to the Execution of this Act within the precinct and compass of their Liberties in such manner and form as the Justices of Peace in any County may or ought to do within the same County by vertue of this Act any matter or thing in this Act expressed to the Contrary thereof notwithstanding CCCLXXIV 14 Eliz. 5. § 39. 4. N. 1. And that every Justice and Justices of Peace within every such City Borough Justices Place and Town-Corporate for every offence by them or any of them to be committed contrary to the intent and meaning of this Statute shall be punishable and chargeable as other Justices of Peace at large in the Counties are by this Act above appointed to be CCCLXXV 14 Eliz. 5. § 40. N. 1. Provided always and be it further Enacted c. that if it shall chance any City or Town Corporate Corporation to have in it more Poor folks than the Inhabitants thereof shall be able to relieve that in such case upon Certificate thereof made and of the number and names of persons with which they be so surcharged unto the Justices of Peace of the County in which such City or Town-Corporate shall lie and be Situate at their Quarter Sessions of the Peace by two Justices of Peace of the said County and the Mayor or other Head-Officer of the same City or Town-Corporate the Justices may by their discretions in the same Sessions take order appoint and cause the same Poor folks so Certified to be provided for and be relieved by giving of Licence to beg or otherwise in some other place or places of the said County out of such City or Town-Corporate so surcharged CCCLXXVI 14 Eliz. 5. § 41. N. 1. Provided always that this Act or any thing therein contained shall not extend to the Poor people Hospitals for the time being in the Hospital called Saint Thomas Hospital otherwise called the Kings Hospital in the Borough of Southwark near adjoyning to the City of London but that the Mayor Commonalty and Citizens of the said City of London for the time being shall and may only have the rule order and Government of the said Hospital and of the Poor people therein for the time being any thing in this Act to the contrary notwithstanding CCCLXXVII 14 Eliz. 5. § 42. N. 1. Provided alway that this Act or any thing therein contained or any Authority thereby given Games shall not in any wise extend to disinherit prejudice or hinder John Dutton of Dutton in the County of Chester Esq his Heirs or Assigns for touching or concerning any Liberty Previledge Preheminence Authority Jurisdiction or Inheritance which the said John Dutton now lawfully useth or hath or lawfully may or ought to use within the County Palatine of Chester and the County of the City of Chester or either of them by reason of any Ancient Charters of any Kings of this Land or by reason of any prescription or other lawful usage or title whatsoever CCCLXXVIII 14 Eliz. 5. § 43. N. 1. This Act to indure for seven years and from thence to the end of the next Parliament Continuance then next following 18 Eliz. 3. § 14. N. 1. Crompt 97. b. CCCLXXIX Crompt 154. b. Nor shall Bail be received
of Peace but only in the common Gaol Saving to Lords and other their Franchise in this Case Peace And that the Peace within the Realm be holden and kept so 7 H. 4. cap. ◠§ 1. N. 4â— that all the Kings Leige people and Subjects may from henceforth safely and peacably go come and abide according to the Laws and Vsages of the same Realm Games And the Iustices of Peace in every County of England C. 7. § 1. N. 6. and also the Mayor and Sheriffs and Bailiffs of Cities and Boroughs within the same Cities and Boroughs shall have power to inquire of all such deceitful makers of Heads and Quarels viz. of Arrows and to punish them as aforesaid Riot None shall be punished for repressing the late Riots Cap. 18. Justices Item It is ordained and established that if any Riot Assembly 13 H. 4. Cap. 7 or Rout of People against the Law be made in parties of the Realm that the Iustices of Peace three or two of them at the least and the Sheriff or Vnder-Sheriff of the County where such Riot Assembly or Rout shall be made hereafter shall come with the power of the County if need be to arrest them and shall arrest them 2 H. 5. cap. 8. and 19 H. 7. cap. 13. § 1. N. 2. And the same Iustices and Sheriff or Vnder Sheriff Record shall have power to record that which they shall find to be done in their presence against the Law 2 H. 5. cap. 8. § 1. N. 2. and 19 H. 7. cap. 13. § 1. N. 2. § 1. N. 3. And that by the Record of the same Iustices and Sheriff Sheriff or Vnder-Sheriff such Trespassers and Offenders shall be convict in the manner and form as is contained in the Statute of forcible Entries viz. 5 R. 2. Cap. 7. § 1. N. 3. and 15 R. 2. Cap. 2. § 1. N. 3. 2 H. 5. Cap. 8. § 1. N. 2. and 19 H. 7. Cap. 13. § 1. N. 3. § 1. N. 4. And if it happen that such Trespassers and Offenders be departed before the coming of the said Iustices Sheriff and Vnder Sheriff Enquest that the same Iustices three or two of them shall diligently enquire within a Month after such Riot Assembly or Rout of people so made and thereof shall hear and determin according to the Law of the Land 2 H. 5. Cap. 8. § 1 N. 3. and 19 H. 7. 13. § 1. N. 4. § 2. N. 1. And if the truth cannot be found in the manner as is aforesaid Certificat then within a Month then next following the Iustices three or two of them and the Sheriff or Vnder Sheriff shall certifie before the King and his Counsel all the Deed and Circumstances thereof 2 H. 5. Cap. 8. § 1. N. 4 and 19 H. 7. Cap. 13. § 1. N. 9. § 2. N. 2. Which Certificat shall be of like force as the Presentment of twelve Judgment upon which Certificat the said Trespassers and Offenders shall be put to Answer 2 H. 5. Cap. 8. § 1. N. 4. § 2. N. 3. And they which shall be found guilty Execution shall be punished according to the Discretion of the King and his Counsel 2 H. 5. Cap. 8. § 1. N. 5. § 3. N. 1. And if such Trespassers and Offenders do Traverse the matter so certified the same Certificat and Travers Travers shall be sent into the Kings Bench there to be tryed and determined as the Law requireth § 3. N. 2. And if the same Trespassers do not appear before the King and his Counsel or in the Kings Bench at the first Precept Process there shall be another Precept directed to the Sheriff of the County to take the said Trespassers and Offenders if they may be found and to bring them at a certain day before the King and his Counsel or into the Kings Bench. § 3. N. 3. And if they cannot be found that the Sheriff Notice or Vnder Sheriff shall make Proclamation in his full County next ensuing the delivery of the second Precept that they shall appear before the King and his said Counsel or in the Kings Bench or in the Chancery in time of Vacation within three weeks then next following § 3. N. 4. And in case the same Offenders come not as afore is said Attainder and the Proclamation made and returned they shall be Convict and Attainted of the Riot Assembly or Rout aforesaid notwithstanding any Article or Ordinance made to the contrary § 4. N. 1. And moreover that the Iustices of Peace 2 H. 5. C. 8. § 1. N. 6. dwelling nighest in every County where such Riot Assembly Justices or Rout of people shall be made hereafter together with the Sheriff or Vnder Sheriff of the same County and also the Iustices of Assises for the time that they shall be there in their Session in case that any such Riot Assembly or Rout be made in their presence shall do Execution of this Statute every one upon pain of an hundred pounds to be paid to the King as often as they shall be found in Default of the Execution of the same Statute Statuta Hen. 5. 2 H. 5. C. 4. ITem Forasmuch as the Servants and Labourers Apprentice of the Shires of the Realm do fly from County to County because they would not be Iustifiby the Ordinances and Statutes by the Law for them made to the great damage of Gentlemen and others to whom they should serve because that the said Ordinances and Statutes for them ordained be not Executed in every Shire Trades § 1. N. 2. Our Lord the King willing in this case to provide a Remedy by the Advise and Aâ—sent aforesaid and at the request of the said Commons hath ordained and established that the Statute of Labourers made at Canterbury viz. 12 R. 2. Cap 3. c. and all other good Statutes of Labourers made and not repealed be firmly holden and kept and put in due Execution Process § 1. N. 3. And moreover that the Iustices of Peace have power to send their Writs for such fugitive Labourers to every Sheriff of the Realm of England and to make Process as the Statute requireth to bring them before them to answer to our Soveraign Lord the King and to the parties of the Contempts and Trespasses made or done against the Ordinances and Statutes aforesaid in like manner as the Iustices have power to send to every Sheriff for the Felons before them Indicted Apprentice And also that all the Statutes and Ordinances of Labourers § 1. N. 4. Servants and Artificers before this time made and not repealed be Exemplified under the great Seal and sent to every Sheriff of the Realm of England thereof to make Proclamation in the full County and after this Proclamation so made that every Sheriff shall cause the said
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
of this present Parliament the Towns and Places wherein they shall think most necessary to have a common Goal newly edified and made 2 Inst 705 706. and 5 Eliz. 24. cap. § 3. N. 1. Notice And be it further Enacted § 4. N. 1. That several Commissioners under the Kings great Seal with this present Act thereto affiled shall be directed to the Iustices of Peace of the Shires aforenamed authorizing them to accomplish and execute this present Act according to the tenor thereof in every behalf Imprisonment Be it further Enacted c. § 7. N. 1. That like Provision in every behalf be had for a new Goal to be made within the County of Derby in like form as is provided for other Shires aforesaid Ale And that every Beer-Brewer and Ale-Brewer shall not take over and above for every such Barrel Kilderkin C. 4. § 5. N. 1. or Firkin of Ale and Beer but after such Prizes and Rates as shall be thought convenient and sufficient by discretions of the Iustices of Peace within every Shire where such Beer-Brewer and Ale-Brewer shall dwell without any City Borough or Town Corporate where no head-Officers as Mayors Bailiffs Sheriffs and other head-Officers have no Authority or Rule 8 Eliz. 9. § 5. N. 1. Cap. 5. § 5. N. 2. And before he viz. Commissioner of Sewers shall take upon him the Execution of the said Commission Sewers he shall take a Corporal Oath before the Lord Chancellor or before such to whom the said Lord Chancellor shall direct the Kings Writ of Dedimus Potestatem to take the same or before the Iustices of the Peace in the Quarter Sessions holden in the Shire where such Commissions shall be directed c. Cap. 8. § 2. N. 2. And if it shall happen any person Mettle c. for prosecuting any Suit or Action upon this Statute viz. against Tinners that do not make sufficient Hatches and Tyes for Gravel c. or by occasion of the same hereafter to be imprisoned by any manner of person c. being Officers or Ministers of the Stannery their Deputies or Substitutes that then every of the Iustices of Peace within any of the Counties aforesaid viz. Devonshire or Cornwal wherin the said Prisoner shall happen to be Committed to Prison upon credible Information thereof taking Surety by his descretion for Appearance of such Prisoner at the next general Sessions of the Peace shall have Power c. as well to direct his Warant to the Goaler c. as to any other Person to whom the said Prisoner shall be committed unto commanding him c. upon pain c. of 40 l. to deliver and put at large the said Prisoner c. 27 H. 8. Cap. 23. § 4. N. 1. § 2. N. 6. And if it shall appear upon the Appearance of such Prisoner at the Quarter Sessions by examining of the Iustices of Peace there being Justices that he was imprisoned contrary to the form of this Statute then he shall be forthwith dismissed and thereby discharged and if he were lawfully Imprisoned for any other just Cause then to be remanded to Prison by the discretion of the said Iustices 27 H. 8. Cap. 23. § 4. N. 3. Cap. 1◠§ 3. And be it Enacted c. that the Lord Chancellor of England Sewers c. at all times c. upon request to him to be made by the Mayor and Commonalt◠of the said City viz. of York and Town viz. of Hull or by any other Citizen and Burgess of the said City and Town c. or other person by them under the common Seals of the said City and Town Authorised shall have Power and Authority by his discretion to make and direct like Commission viz. as for Surety unto eight sad and discreet persons whereof four of them be of the Citizens and Inhabitants of the said City and Town and the other four to be Iustices of Peace whereof two to be of the West-Riding and the other two of the East-Riding of the County of York not of Fee nor retained with the said City or Town that they eight seven six five or four of them whereof two of them shall be of the said City and Town and the other two Iustices of Peace the one of the East-Riding the other of the West-Riding of the said County by Virtue of the said Commission shall and may the said Owners assign and appoint to pull up and redress viz. in the River of Ouse and the water of Humber or cause to be pulled up and redressed within thirty days after monition given to the said Owners by the said Commissioners or by such of them taking the charge of the Execution of the said Commission such and as much of the said Fish-gart his and other Impediments to be made in the said Waters viz. of Ouse and Humber to the Let Disturbance Damage or Ieoperdy of any Ships Keyls Boats or any other Vessels passing or repassing to or from the said City of York to the said Town of Hull as by them shall be thought meet and convenient 24 H. 8. C. 1◠§ 2. N. 4. And if the Offence Fowle viz. not endeavouring to destroy Crows Rooks and Choughs be done contrary to this Statute by any person c. which shall dwell and have the Manurance of and in such Mannors Meases Lands Tenements or Hereditaments whereunto such Leets Law-days Rapes and Courts do not belong or by reason whereof any such Courts be not holden that then upon a Presentment thereof had before the Sheriffs c. or Iustices of Peace in their Sessions c. the Iustices of Peace or two of them at the least if the Presentment be before them in their Sessions shall assess and set the said Amerciament after the quantity of the Offence by their discretions c. Justices And further be it Enacted § 5. N. 1. c. That as well the Iustices of the Peace in their Sessions c. to be hereafter holden before them or any of them shall give in Charge to the Tenants and Inhabitants and all other appearing before any of them that they shall duly inquire and put in execution the effect of the Premises in due time viz. yearly so that this Act may be fully executed and Choughs Crows and Rooks thereby destroyed in all parts of this Realm c. Fowle And if any such Owner or Farmer viz. on whose Grounds Rooks § 7. N. 2. Choughs or Crows be killed refuse to pay the said mony accordingly as is aforesaid viz. two pence for twelve a penny for six a half-penny for three old Rooks Choughs or Crows killed then upon Complaint and Proof thereof made to any of the Iustices of Peace or High-Constable the said Iustice of Peace or High-Constable shall cause the said mony to be levyed by distress of the Goods and Cattels of every such Farmer or Owner refusing to pay the same
N. 5. And further to become bound by Recognizance in the sum of twenty pounds to his Majesty his Heirs and Successors Recognizance with Condition that they the said Party so offending shall not at any time hereafter take kill or destroy any Phesant or Partridge § 8. N. 6. Which said Recognizance shall be taken by any one or more Iustices of the Peace of the said County Justices City or Town-Corporate where the said Offence shall be committed as aforesaid and shall be returned to the next Quarter Sessions and there to remain of Record as other Recognizances taken for the Peace § 9. N. 1. And be it further Enacted Constable that every Constable and head-Head-borough in every County City Town-Corporate and other Place where they shall be sworn Officers shall and may by vertue of this present Act bringing with them to that purpose a Lawful Warrant under the Hands of two Iustices of the Peace of the County City Liberties or Town-Corporate have full Power and Authority to enter into and search the house c. of any person c. other than such as by this present Act are allowed to take Phesants and Partridges with Nets as aforesaid being suspected to have any setting Dogs or Nets for the taking of Phesants and Partridges 21 Jac. Cap. 7. § 3. N 1. And be it further Enacted that any Iustice of Peace in any County Ale and any Iustice of Peace or other Head-Officer in any City or Town-Corporate within their Limits respectively shall from henceforth have Power and Authority upon his own view confession of the party or proof of one Witness upon Oath before him which he by vertue of this Act shall have Power to administer to convince any person of the Offence of Drunkenness whereby such person so convict shall incur the Forfeiture of five shillings for every such Offence and the same to be levyed or the Offender otherwise punished as in the said Statute is appointed § 3. N. 2. And for the second Offence Behavior he shall become bound to the Good-behavior as if he had been convicted in open Sessions any thing in the said former Statute c. viz. 4 Jac. Cap. 5. to the contrary notwithstanding Cap. 8. Whereas divers turbulent and contentious persons Peace some out of Malice and others in hope of Gain by way of Composition do oftentimes upon their Corporal-Oaths peremptorily and corruptly taken or otherwise upon false Suggestions and Surmises procure Process of the Peace or Good-behaviour out of his Majesties Courts of Chancery and Kings Bench against divers of his Majesties quiet Subjects whose dwellings and abodes are for the most part in Counties far distant and remote from the said Courts to their intolerable trouble and vexation whereas they might upon good cause shewed receive Iustice at the hands of the Iustices of Peace in the Counties where they dwell § 2. N. 1. For remedy whereof be it Enacted Process c. that all Process of the Peace or Good-behaviour after the end of this Session of Parliament to be granted or awarded out of the same Courts or either of them against any person or persons whatsoever at the Suit of or by the Prosecution of any person or persons whatsoever shall be void and of none effect unless such Process shall be so granted or awarded upon motion first made before the Iudge or Iudges of the same Courts respectively fitting in open Court and upon Declaration in Writing upon their Corporal Oaths to be then exhibited unto them by the said Parties which shall desire such Process of the Causes for which such Process shall be granted or awarded by or out of any of the said Courts respectively and unless that such motion and declaration be mentioned to be made upon the back of the Writ the said Writings there to be entred and remain of Record § 2. N. 2. And that if it shall afterwards appear unto the said Courts or either of them respectively Damages that the Causes expressed in such Writings or any of them be untrue that then the Iudge or Iudges of the said Courts or either of them respectively shall and may award such Costs and Damages unto the Parties grieved for their or any of their wrongful Vexations in that behalf as they shall think fit and that the Party or Parties so offending shall and may be committed to Prison by such Iudge or Iudges until he or they pay the said Costs and Damages Supersedeas And whereas divers turbulent and contentious persons deservedly fearing to be bound to the Peace or Good-behavior by the Iustices of Peace of the Counties where they dwell § 2. N. 3. do oftentimes procure themselves to be bound to the Peace or Good-behavior in the said Courts or one of them upon insufficient Sureties or upon colourable Prosecution of some person or persons who will be ready at all times to release them at their own pleasure whereupon his Majesties Writs of Supersedeas are oftentimes directed to the Iustices of Peace and other his Majesties Officers requiring them and every of them to forbear to arrest or imprison the Parties aforesaid for the Causes aforesaid by means whereof the said turbulent and contentious persons misdemean themselves amongst their Neigbours with Impunity to the great Offence and Disturbance of their Neighbours amongst whom they converse and live and to the affront of the Iustices of Peace and to the evil Example and Incouragement of like evil disposed persons Oath Be it further Enacted by the Authority aforesaid § 3. N. 1. that all Writs of Supersedeas after the end of this present Session of Parliament to be granted by or out of either of the Courts aforesaid shall be void and of none effect unless such Process be granted likewise upon motion in open Court first made as aforesaid and upon such sufficient Sureties as shall appear unto the Iudge or Iudges of the same Court respectively upon Oath to be assessed at five pound Lands or ten pounds in Goods in the Subsidy-book at the least Record Which Oaths and the Names of such Sureties § 3. N. 2. with the Places of their abode and where they stand so assessed in the Subsidy-books shall be entred and remain of Record in the same Courts Process And unless it shall also first appear unto the said Iudge or Iudges before whom such Supersedeas is desired § 3. N. 3. that the Process of the Peace or Good-behavior is prosecuted against him or them desiring such Supersedeas bona fide by some Party grieved in that Court out of which such Supersedeas is desired to be so awarded and directed Bail And whereas divers lewd and evil disposed persons commonly called Common-Bailers or Knights of the Post being base or beggarly persons § 4. N. 11 do oftentimes procure themselves to be assessed at high rates in the Subsidy-books and
And in Case of neglect or refusal of such Iustices of the Peace by the space of fourteen days next after complaint made and notice thereof given to the Offender then the Sub-Commissioners or the major part of them § 31. N. 4. appointed for any such City County Town or Place shall and are hereby impowered to hear and determine the same Error And if the Party find himself aggrieved by the Iudgement given by § 31. N. ◠the Sub-Commissioners he shall and may appeal to the Iustices of the Peace at the next Quarter Sessions who are hereby impowred and authorized to hear and determine the same whose Iudgement therein shall be final 12 Car. 2. Cap. 24. § 45. N. 5. § 31. N. 6. Which said Commissioners for Appeals and regulating of this Duty and the Chief-Commissioners for Exercise Process and all Iustices of Peace and Sub-Commissioners aforesaid respectively are hereby authorized and straitly enjoyned and required upon any Complaint or Information exhibited and brought of any such Forfeiture made or Offence committed contrary to this Act to summon the Party accused and upon his appearance or contempt to proceed to the Examination of the Matter of Fact and upon due proof made thereof either by the voluntary Confession of the Party or by the Oath of one or more credible Witnesses which Oath they or any two or more of them have hereby Power to administer to give Iudgement or Sentence according as in and by this Act is before ordained and directed and to award and issue all Warrants under their Hands for the levying of such Forfeitures Penalties and Fines as by this Act is imposed for any such offence committed upon the Goods and Chattels of the Offender and to cause sale to be made of the said Goods and Chattels if they shall not be redeemed within fourteen days rendring to the Party the overplus if any be and for want of sufficient Distress to imprison the Party offending till satisfaction be made 12 Car. 2. Cap. 24 § 45. N. 6. § 32. N. 1. Provided nevertheless that it shall and may be lawful to and for the said respective Iustices of Peace Justices Commissioners for Excise or any two of them from time to time where they shall see cause to mitigate compound or lessen such Forfeitue Penalty or Fine as in their discretions they shall think fit c. so as by such Mitigation the same be not less than double the value of the Duty of Excise which should or ought to have been paid besides the reasonable costs and charges of such Officer c. or others as were imployed therein to be to them allowed by the said Iustices any thing c. notwithstanding 12 Car. 2. Cap. 24 § 46. N. 1. § 33. N. 1. And be it Enacted c. that no person Oaths c. shall be capable of intermedling with any Office or Imployment relating to the Excise until he or they shall before two or more Iustices of Peace in the County where his or their Imployment shall be c. take the Oaths of Allegiance and Supremacy which Oaths they have hereby Power to administer together with this Oath following c. 12 Car. 2. Cap. 24. § 47. N. 1. § 34. N. 1. And it is further Enacted c. that every such Iustice of Peace shall certifie the taking of such oath to the next Quarter Sessions Certificate there to be recorded 12 Car. 2. Cap. 24. § 48. N. 1. § 36. N. 1. Provided also and be it Enacted that no Writ or Writs of Certiorari shall supersede Execution or other Proceedings upon any Order Certiorari c. made by the said Iustices aforesaid in Pursuance of this Act but that Execution and other Proceedings shall and may be had and made thereupon any such Writ c. or allowance thereof notwithstanding 12. Car. 2. Cap. 24. § 50. N. 1. C. 24. § 14. N. 3. And if any c. shall make Provision or Purveyance for his Majesty Purveyance his Heirs or Successors or any the Queens or Children aforesaid or impress or take any such Carriages or other things aforesaid on any pretence or colour of any Warrant aforesaid under the Great Seal or otherwise contrary to the intent hereof it shall be lawful for the Iustices of Peace or such two or one of them as dwell neer and to the Constables of such Parish or Village where such occasion shall happen at the request of the Party grieved and they are hereby enjoyned to commit or cause to be committed the Party c. so doing or offending to Goal till the next Sessions there to be indicted and proceeded against for the same and that the Officers and Inhabitants of the Village or Parish where such offence shall happen shall be assistant therein 13 Car. 2. Cap. 8. § 2. N. 1. C. 34. § 2. N. 1. And it is hereby further Enacted that all Sheriffs Husbandry Iustices of the Peace Mayors Bailiffs Constables and every of them upon Information and Complaint made unto them or any of them by any of the Officers of the Customs or by any other person c. that there is any Tobacco set sown planted or growing within their Iurisdictions or Precincts contrary to this Act shall within ten days after such Information or Complaint cause to be burnt plucked up consumed or utterly destroyed all such Tobacco so set sown planted or growing Wages Provided also and be it Enacted c. that no person c. shall be capable of having using or exercising the Office of Port-Master General C. 35. § 1. 3 N. 1. or any other imployment relating to the said Office unless he or they shall first take the Oaths of Allegiance and Supremacy before any two Iustices of the Peace of the respective Counties wherein such person c. are or shall be resident which said Iustices are hereby Authorized to administer the said Oaths accordingly Peace Whereas it hath been found by sad Experience 13 Car. 2. C. 5. that tumultuous and other disorderly soliciting and procuring of Hands by private persons to Petitions Complaints Remonstrances and Declarations and other Addresses to the King or to both or either Houses of Parliament for alteration of matters established by Law redress of pretended Grievances in Church or State or other publick Concernments have been made use of to serve the ends of factious and seditious persons gotten into power to the violation of the publick Peace and have been a great means of the late unhappy Wars Confusions and Calamities in this Nation for preventing the like mischiefs for the future Process Be it Enacted by the Kings most excellent Majesty § 2. N. 1 c. that no person or persons whatsoever shall from and after the first of August one thousand six hundred sixty and one sollicite labour or procure the getting of Hands or other consent of
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
any c. find him or themselves Agrieved Error supposing the same to be unequal he or they shall and may make their Complaint known to the Iustices of Peace at the next Open Sessions who shall take such open order therein as in like Cases is already by the Law provided § 8. N. 1. And it is further Enacted c. That it shall and may be lawful Taxes to and for any two Iustices of the respective Counties of Middlesex and Surrey by their Warrant under their Hands and Seals to Authorize the Church-wardens or Overseers for the Poor c. to demand gather and receive of every person c. such Sum c. as shall be Assessed upon them c. N. 2. And for default of payment within ten dayes after Process c. demand thereof made or notice in Writing left at the dwelling House or Lodging c. to levy the same by Distress and Sale c. § 12. N. 1 Provided the said Orders and By-Laws Corporation viz. made by the Corporations for the Poor c. shall from time to time be presented to the Iustices of Peace in their Quarter Sessions Assembled to be allowed by the major part of them and confirmed by order of the said Court § 15. N. 1. Be it therefore Enacted c. That in case any Constable Headborough or Tithingmen shall dye or go out of the Parish any two Iustices of the Peace Constable may make and swear a new Constable Headborough or Tythingman until the said Lord viz. of the Leet shall hold a Court or until next Quarter Sessions who shall approve of the said Officers so made and sworn as aforesaid or appoint others as they shall think fit N. 3. And if any Officer shall continue above a year in his or their Office Justices that then in such Case the Iustices of Peace in their Quarter-Sessions may discharge such Officers and may put another fit person in his or their place until the Lord of the Mannor shall held a Court c. Poor Be it therefore Enacted § 16. N. 2. c. that it shall and may be lawful to and for any Iustice of the Peace to whom any Rogue Vagabond or sturdy Beggars so apprehended shall be brought to reward any c. that shall apprehend any Rogue Vagabond or sturdy Beggar by granting c. an Order or Warrant under his Hand and Seal to the Constable Headborough or Tithingman of such Parish where such Rogue c. passed thorough unapprehended requiring them to pay such person c. the Sum of two shillings for every Rogue c. which shall be so apprehended Constable And if such Constable c. refuse or neglect to pay the two shillings N. 3. c. that then the said Iustices of the Peace or any other Iustice or Iustices of Peace shall procéed against any such Constable c. according to the said Statutes viz. 39 Eliz. 4. 1 Jac. 7. and to compel him to pay c. by c viz. 1 Jac. 7. § N. and to allow out of the said Forfeiture the said two shillings and such reasonable means and allowances for the loss of time as they shall think fit Forfeiture And if any c. shall apprehend any Rogue c. at the Confines of any County which passed thorough any Parish of another County unapprehended § 17. N. 1. it shall be lawful for such person c. to go to some Iustice of Peace of that County through which such Rogue c. passed unapprehended who is hereby required upon a Certificate under the Hand of some Iustice of Peace of the County where such Rogue c. was apprehended to grant his Order or Warrant under his Hand and Seal requiring the said Constable c. to pay c. the Sum of two shillings which if he shall refuse or neglect to do then such Iustice is hereby required to procéed against such Constable c. and to cause him to pay x s. or so much thereof for his expenses and loss of time as the said Iustice of the Peace shall think fit to such which he hath forfeited by the Statute viz. 39 Eliz. 4. Taxes Which rate viz. by Constables Church-wardens c. for Charges § 18. N. 3. c. being confirmed under the Hands and Seals of any two Iustices of the Peace c. the said Constable c. shall have power by Warrant under the Hands and Seals of two Iustices of Peace to Levy by Distress and Sale of the Goods of any person refusing to pay the same c. Bastardy Be it therefore Enacted § 19. N. 2. c. That it shall and may be lawful for the Church-wardens and Overséers for the poor of any Parish where any Bastard-Child shall be born to take and seize so much of the Goods and Chattels and to receive so much of the Annual rents and profits of the Lands of such puâ—ative Father or lewd Mother as shall be ordered by any two Iustices of Peace c. for or towards the discharge of the Parish to be confirmed at the Sessions for the bringing up and providing for such Bastard-Child Process And thereupon it shall be lawful for the Sessions N. 3. to make an Order for the Church-wardens or Overseers for the poor of such Parish to dispose of the Goods by sale or otherwise or so much of them for the purposes aforesaid as the Court shall think fit and to receive the rents and profits or so much of them as they shall be ordered by the Sessions as aforesaid of his or her Lands Justices And be it further Enacted § 22. N. 1. c. that the Iustices of Peace within the said Counties viz. of Lancashire Cheshire Derbyshire York shire Northumberland Durham Cumberland and Westmerland c. shall have and enjoy such and the like Powers and Authorities to raise and Levy Monies and to do and execute all and every such other act and thing whatsoever within every Township or Village within the said County where they are Iustices as is given c. within any Parish c. in and by the said Act c. viz. 43 Eliz. 2. under such and the like pains and penalties c. Merchants And be it further Enacted c. that C. 13. § 3. N. 1. c. upon Complaint and Information given to the Iustices of Peace or any or either of them within their respective Counties Cities and Towns Corporate at times reasonable he or they are hereby Authorised and Required to Issue forth his or their Warrants to the Constables of their respective Counties Cities and Towns Corporate to enter and search for such Manufactures in the Shops being open or Ware-houses and Dwelling-houses of such person or persons as shall be suspected to have any such Forreign Bonelaces Imbroyderies Cutwork Fringe Band-strings Buttons or Needlework within
their respective Counties Cities and Towns Corporate and to seize the same any Act Statute c. notwithstanding C. 15. § 2. N. 2. Viz. None to be Silk-Thrower unless seven years Apprentice Drapery upon pain that every person so Offending contrary to this Act shall pay c. forty shillings for every month c. the one Moiety c. to the use of his said Majesty c. and the other c. to such c. as shall sue for the same in any of the Courts of Record within this Realm c. or before any the Iustices of Oyer and Terminer or the Iustices of the Peace at their Quarter Sessions of the Peace by Action of Debt Bill Plaint or Information c. § 6. N. 2. Be it further Enacted c. That every such silk winder and doubler Collusion who shall at any time hereafter unjustly or deceitfully and falsely Purloin Imbezil Pawn Sell or Detain any part of Silk delivered c. by any Silk-thrower or other person to them or any of them to wind or double that in every such Case c. as well the Winder or Iourneyman so offending as the buyer c. receiver c. of such Silk being thereof lawfully Convicted by confession of the party c. or by one Witness upon Oath before one or more of the Iustices of Peace of the County or Liberty where the same Offence c. shall be committed or if it be within any City or Town Corporate before the Mayor c. who by force of this Act are Impowered c. to minister the same Oath and finally to hear and determine all and every the Offences aforesaid and to give and make to the party c. Grieved such recompence and satisfaction for such their Damage and Loss and Charges thereabouts as by the said Iustice or Iustices or chief Officers shall be ordered and appointed § 7. N. 1. Provided that no more Damage be given Damages c. then the party grieved shall prove he is damnified and hath expended in looking after the same and if the party c. so offending shall not be able c. to make recompence c. within fourtéen days next after such Conviction c. as by the Iustice c. or chief Officers shall be ordered c. then the party c. so offending for the first Offence shall be apprehended and whipped or set in the Stocks in the place where the Offence is Committed or in some Market Town in the said County near unto the place c. as shall be limitted and appointed by the said Iustice or Iustices of the Peace or chief Officers and for the second Offence to incur the like or such further punishment by whipping or being put in the Stocks as the said Iustice or Iustices of the Peace or chief Officers shall in their Discretion think fit and convenient C. 18 § 12. N. 1. And for the better execution of this Act Merchants viz. against Exportation of Sheeps Wool Woolfels Mortlings Shorlings Yarn made of Wool Wool-flocks Fullers Earth fulling Clay or Tobacco-pipe Clay c. Be it further enacted That all Iustices of Assize c. and Iustices of Peace shall Inquire of all the Premisses in their General Quarter Sessions and hear and determine the same C. 20. § 1. N. 2. Be it notwithstanding viz. 12 Car. 2. 24. § 13. Enacted c. that Purveyance c. as often as the Service of his Majesties Navy or Ordnance shall require any Carriages by Land c. upon notice given in Writing by Warrant under the Hand and Seal of the Lord High Admiral c. of two or more of the principal Officers or Commissioners of his Majesties Navy c. the Master c. the Lieutenants of his Majesties Ordnance for the providing of Carriages for the respective Service of the Navy or Ordnance unto two or more Iustices of the Peace dwelling near unto the place where the said Carriages shall be required the said Iustices of the Peace may and shall immediately Issue forth their Warrants unto such of the adjacent Parishes Hundreds or Divisions as they shall judge fit within their respective Counties and Divisions not being above Twelve miles distant from the place of Lading for the sending to a certain place and at certain times to be specified and appointed in the said Warrants such numbers of Carriages with Horses or Oxen sufficient for the said service as by the Lord High Admiral c. or by the Master or Lieutenant of his Majesties Ordnance c. or by the principal Officers or Commissioners of his Majesties Navy respectively c. shall be by writing under their Hands and Seals required Cap. 22. Whereas a great Number of lewd Scotland disorderly and lawless persons being Thieves and Robbers who are commonly called Moss-Troopers have successively for many and sundry years last past béen bred resided in and frequented the Borders of the two respective Counties of Northumberland and Cumberland and the next adjacent parts of Scotland and they taking the opportunity of large wast Grounds Heaths and Mosses and the many Intricate and Dangerous wayes and by-paths in those parts do usually after the most notorious Crimes committed by them escape over from the one Kingdom into the other respectively and so avoid the hand of Iustice in regard the Offences done and perpetrated in the one Kingdom cannot be punished in the other 29 30 Car. 2. 2. War And whereas since the time of the late unhappy Distractions § 2. N. 1. such Offences and Offenders as aforesaid have excéedingly more increased and abounded and the several Inhabitants of the said respective Counties have béen for divers years last past necessitated at their own frée and voluntary Charge to maintain several Parties of Horse for the necessary defence of their Persons Families and Goods and to the end the aforesaid evil and pernitious members might be apprehended and brought to Iudgment Taxes And whereas the most part of the Inhabitants of the said Counties N. 2. being more remote from the Borders then other persons and consequently not so much exposed to eminent dangers as others are therefore unwilling to contribute their proportionable parts of the aforesaid Charge and yet notwithstanding it cannot probably or possibly be Avoided but that those Inhabitants of the respective Counties who hold themselves most secure most certainly sustein much Damage and Detriment in their Goods and Estates in case the aforesaid Moss-Troopers be not timely suppressed but suffered to grow numerous strong and potent which they must needs do in case there be no restraint upon them Scotland Be it Enacted N. 3. c. That from and after the Feast of St. Michael the Archangel which shall be in the year of our Lord One thousand six hundred sixty and two for and during the term of Five years next ensuing the date of this present
such other Bridges as were demolished in the late War Wayes Provided alwayes and be it Enacted § 14. N. 1. c. That it shall and may be lawful for any six or more Iustices of the Peace of the County of Monmouth whereof two to be of the Quorum at their General Sessions of the Peace to be held for that County at any time hereafter during ten years and no longer to Impose and Levy any Sum c. upon the said County for the Repairing and Amending of Uske and Basaley Bridges which are Situate upon great Rivers and lye on very publick Rodes of the County so as the Sum c excéed not c. xl l. c. Statuta 22 23 Car. 2. Corn. ANd be it further Enacted and Declared That in Case any Person 22 23 Car 2. 7 § 4. N. 1. c. who shall be Convict or Attainted of any the Offences viz. that in the Night time malitiously unlawfully and willingly burn or Cause to be burned or destroyed any Ricks or Stacks of Corn Hay or Grain Barns or other Houses or Buildings or Kilns or shall c kill or destroy any Horses Sheep or other Cattle c. made Felony by vertue of this Act as aforesaid to Avoid Iudgment of death or Execution thereupon for such Offence shall make his Election to be Transported beyond the Seas to any of his Majesties Plantations that then the Iustices of Assize Oyer and Terminer Goal delivery or Iustices of the Peace before whom such Offender shall be Convict or Attaint by vertue of this Act and every of them respectively shall cause Iudgment to be Entred against every such Offender that he be Transported beyond the Seas to some of his Majesties Plantations in the said Iudgment to be particularly mentioned c. there to remain for the space of Seven years Trespass And be it further Enacted c. That upon the Complaint or request of the Party c. Injured in any such manner viz. by maiming Cattle § 6. N. 1. or destroying Plantations of Trees or Inclosures c. any thrée or more Iustices of the Peace for the County Division City Town Corporate or Place whereof one to be of the Quorum shall and may and they are thereunto Authorized and required by vertue of this Act to enquire as well by the Oaths of twelve lawful men or more of the same County as by Examination of Witnesses upon Oath or by any lawful wayes or means which to them shall séem méet of and concerning any the Offences before Incurred and Offenders therein and in order thereunto to Issue out Warrants as well for the Summoning of Iurors as for the apprehending of all such Persons as shall or may be thereof suspected and to take their Examination touching the same as also to cause all such other Persons as to them shall seem likely to make discovery thereof to appear before them and to give Information upon Oath of and concerning their knowledge of the Premisses so as no Person so to be Examined by the said Iustices of the Peace shall be Convicted or in any wise proceeded against for or by reason of any Offence concerning which he or they shall be so Examined as a Witness and shall upon such his Examination make a true discovery thereof Process And in case any Person or Persons N. 2. who by the said Iustices be thought likely to make discovery as aforesaid shall refuse to appear or to be Examined as a Witness being duely Summoned by the said Iustices in pursuance of this Act it shall and may be lawful for the said Iustices of the Peace to Commit the party so refusing to the Common Goal for the said County without Bail or Mainprise until he shall submit to be Examined upon Oath of and concerning his knowledge touching the same Offence or the Offenders by whom the same was Committed Drapery Viz. all Fines Forfeitures and Penalties for defective Kidderminster Stuffs C. 8. § 15. N. 2. c. shall and may be Levied by Distress and Sale of the Goods and Chattels of the Offender c. by Warrant under the Hands and Seals of the Bailiff and one of the Iustices of the Peace of the said Borough c. 22 23 Car. 2. St. 2. C. 12. 2. § 3. N. 2. Be it further Enacted Corn. That upon Complaint made to any one or more Iustices of the Peace that any kind of Corn ground or unground or Salt hath béen sold or bought or delivered contrary to this Act the proof shall lie upon the Defendant to make it appear by the Oaths of one or more Credible Witnesses that he or they did sell or buy the same in every respect according to this and the said former Act viz. 22 Car. 2. 8. wherein if such Person complained of shall fail he or they shall forfeit and lose as is by this Act before directed viz. the Corn c. or the value c. to be Levied by Distress and Sale of his or their Goods or Chattels restoring the overplus by Warrant under the Hand and Seal of one or more Iustice before whom he or they shall be so Convicted which Penalties by this Act appointed to be Levied shall by the said Iustice or Iustices be distributed one half to the Poor of the Parish where such Offence was committed and the other half to the Informer or Prosecutor C. 16. 10 § 4. N. 1. And likewise that all Iudges and Iustices of Assize and General Goal delivery Poor and all Iustices of the Peace in their Quarter Sessions shall in open Court give in Charge to the Grand Iuries to enquire of and present such Offenders viz. as conceal or defraud Gifts to poor of London burnt or infected § 5. N. 1. And that upon Complaint made to any Iustice of Peace in any County London City or Town Corporate by the Chamberlain of the City of London or his Attornies Solicitors Receivers Agents or any of them made or appointed by him by any Writings under his Hand and Seal for prosecuting the recovery or for recovering the said Mannors or any of them against any Person or Persons for their unjust detaining of any Monies Collected for the uses aforesaid or any of them that then such Iustice of Peace shall grant his Warrant against such Persons so complained of for the bringing of them before him N. 2. And upon their Appearance before him Recognizance if it shall séem probable to the said Iustice upon Examining of the Matter and Evidence given by any Witness upon Oath which the said Iustice may Administer or other Evidence that the Person complained of doth unjustly detain any Monies Collected or appointed for the uses aforesaid or any of them then such Iustice shall by sufficient Recognizance bind him to appear at the next General Quarter-Sessions to answer the matter complained of and to observe and abide
si dict W. simul cum alliis predict I. G. R. C. M. P. Eliz. G. in eadem domo tunc ibidem inferebant ita quod de vitis tunc desperabatur ac si dict Willielmum simul cum aliis predictis ad tunc ibidem ex malicia tua precogitata eandem cum igne tunc ibidem Felonice comburebant predict I G. R C. M P. Eliz. G. in eadem domo existentes contra pacem c. Ac si W. R. de B. in com predict yeomam W. S. de S. in com predict generos ante feloniam predict ' per ipsum I. G. alium factum perpetratem predict W. S. predict XII die Octob. Anno supradict ' apud B. predict in com predict ' ad Feloniam predict ' sic in fronta predict ' faciendum appetrandum Felonice exitaverunt procuraverunt abettaverunt contra pacem c. Ac si predict W.R. W.S. scientes predictum W. S. simul cum aliis supradict felonium pred in firma pred sic fecisse perpetrasse eundem W. S. postea scilicet XIII die or to be Anno predict ' apud B. predim ' in com predict Felonice receperunt comfortaverunt hospitaverunt concelaverunt contra pacem dicti Dom. Regis c. XXIV West Sym. 2 part 145. § 285. An Indictment for Receiving Coron Aiding and Comforting of a Felon knowing him to have done a Felony Inquiratur pro Dom. Rege c. si R. S. sciens prefatum I. R. Felon pred in forma pred fecisse perpetrasse eundem IX die c. Anno c. in commitat pred Felonice recepit auxiliatus fuit comfortavit contra pacem ' c. Staff ss XXX West Sym. 2 part 147. § 299. An Indictment for Stealing of 4. Oxen and of the Accessaries before and after Joynder Inquiratur pro Dom. Rege c. si A. B. de F. in com N. pred Yeoman 4. die c. Anno Regni c. VI. bonis pretiis c. de bonis Catallis I. S. de W. in com pred invent Felonice fuerat cepit abducit Norff. ss Et si W. de B. de N. in com pred Yeoman 7. die c. Anno Regni c. apud N. in com pred fuerant consentientes abbettant pred A. B. ad Feloniam ' predict in forma predict faciend contra pacem c. Et si H. W. P. R. nuper de c. scientes predict ' A. B. Feloniam predict ' in forma pred fecisse apud T. predict ' alibi in com predict ' predict ' X die c. eundem A. B. Felonice receptaverunt contra pacem c. XXXI West Symp. 2. part 157. § 353. An Indictment for procuring Burglary c. Coron Juratores pro Dom. Rege super sacramentum suum presentant quod I. W. nuper de L. clericus alias dictus Middlesâ—x ss c. X die May Anno Regni c. apud parochiam de M. magna infra sanctuarum Ibidem in Warda de A. London maliciose Felonice abettavit procuravit P. W. de c. ad Felonice frangendum intrandum in domum W. prioris hospitalis sancti Johannis Jerusalem in Anglia apud St. James Clarkenwel in predict ' com M. infra predict hospitalem predict ' Prioris ibidem ibidem Felonice furatum capiend ' asportandum unum Cyphum Argenteum de auratum vocat a Goblet predict prioris ad valent c. unam olam argent perecel de aurat ejusdem prioris ad valentiam c. alia bona predicta prioris ibidem existent quam quidem abbettationis procurationis pretextu predict R. X die c. Anno supradict c. vi Armis c. Domum mansionem dicti prioris apud c intra hospitionem predict c cura horam secundam in Turrora ante meridiem ejusdem die Burglariter Felonice fregit predict cyphum de Argent de Aureat vocat a Goblet ad valentiam C S predictam ollam Argent percel de Aureat ad valent X li ac alia bona ejusdem priores viz. duo saliseria de Argent de Aureat ad valentiam X l S c. de bonis catallis dicti prioris ad tunc ibidem invent Felonice furat fuit cepit aspertavit contra pacem c. Action see Information Account Church-Wardens Collectors Surveyors Overseers Ways Poor Taxes Poor 1. BY 5 Eliz. 3. § 6. N. 1. the Gatherers or Collectors for the Poor shall make their just account quarterly to the Mayor or chief Officers of the said Cities Burroughs and Towns Corporate and in every Parish of the said County to the Parson Vicar or Curat and Church-Wardens of the Parish at which account such of the Parish as will may be present Officers II. 5 Eliz. 3. § 6. N. 3. and if the said Collectors or any of them do refuse to make their said account within eight days after request made to them for the same then the Bishop of the Diocess or the Ordinary of the place Chancellors or their Commissaries together with a Justice of Peace and the Church-Wardens of the said Parish or one of them shall have Authority by virtue of this Act upon complaint to them made to commit the said person or persons so refusing to Ward there to remain without Bail or Mainprise until he or they so refusing shall make their said accounts before such persons as the said Bishops Ordinary Chancellors or Commissaries and Justices of the Peace shall appoint and so make immediat payment of the Sums wherewith by determination of the said account they shall be charged Days III. 14. Eliz. 5. § 18. N. 1. the Collectors for the Poor shall make their just account half-yearly of their Collection and Gathering to two Justices of the Peace dwelling next to the abiding place not being within any City c. Contempt IV. Eliz. 5 § 18. N 4. and if any Collector for the Poor refuse or Neglect to make his account by the space of 14 days after request to him therefore made then the said two Justices or one of them to commit the said Collector to the next Goal for the said County there to remain without Bail or Mainprise till he have made his said account and immediat payment of all such sirplusage as he hath received Ordinary V. 14 Eliz 5. § 30. N 4. and that it shall be lawful to the Bishop of the Diocess for the time being where such Hospital viz. that hath no local visitor is or shall be or his Chancellor upon complaint or other intelligence of just cause to take account how the Rents Revenues and Profits of any such Hospital hath been bestowed and spent to call before him or them at the said Hospital to account all such persons as have had the Collection or
saith Mr. Stamford 193. since that it giveth the party grieved a more ample recompence c. Poult de Pace 234. Process II. Dalt 294. cap. 110. and by divers Statutes you shall find that an offender may be convicted out of Court either upon view of the Record of the Justices of Peace or by confession of the offender or upon examination of witnesses before one or two Justices of the Peace Dalt cap. 66. Records III. By 34 35 H. 8. 14. § 2. N. 1. the Clerks of the Crown Clerks of the Peace and Clerks of Assize where any such Attainder c. viz. of Felony c. shall be had shall c. not only certifie a transcript briefly and in few words containing rhe tenor and effect of every such c. conviction and Clerk attainted before them so to be had c. viz. the Name Surname and addition of every person so c. convicted or Clerk attainted c. shall be made and done before the King in his Bench at Westminster in the County of Middlesex there to remain of Record for ever c. but shall also deliver a transcript c. to the Ordinary c. Accessory IV. 9 Co. 119. in Sur Zanchars Ca. these word while the Appellee is attaint in 3 Ed. 1. W. 1. cap. 14. § 1. N. 2. viz. that appeal shall not be intermit against the Accessory is intend of all manner of Attainders at the Kings Suit or of the party and upon appearance and default and in the same Act after provision is made for the Appeal of the party which proves it shall be taken in that several sense Authority see Jurisdiction Averment Suggestion Proof Action Chancery I. LAmb. 4. cap. 6. pag. 501. Albeit the Chancery will sometimes both take knowledge and also award Process upon an Information by word in the behalf of the Prince 1 Ed. 5. 6. 39 H. 6. 41. surmise Br. 3. yet I think that before Justices of Peace these Suggestions and Informations both be they by word or writing are but of the force to stir up the Justices to recommend the Cause to the Enquest and not to award any Process upon them unless it be in certain Cases where that validity is specially given them by the Statutes Bail Recognizance Bailment Surety Caution Mainprise Pledges Replevin Imprisonment Hab. Corp. Replevin I. 3 Ed. 1. W. 1. cap. 15. § 1. N. 2. And forasmuch as before this time it was not determined which persons were Replevisable and which not but only those that were taken for the death of man or by commandment of the King or of his Justices or for the Forest Ability II. 3 Ed. 1. W. 1. cap. 15. § 1. N. 3. It is provided c. that such Prisoners as before were Outlawed and they which have abjured the Realm Provers and such as be taken with the Mannor and those which have broken the Kings Prison Thieves openly defamed and known and such as be appealed by Provers so long as the Provers be living if they be not of good name and such as be taken for House-burning feloniously done or for false Money or for counterfeiting the Kings Seal or persons Excommunicate raken at the request of the Bishop or for manifest offences or for Treason touching the King himself shall be in no wise Replevisable by the common Writ nor without Writ III. By 27 Ed. 1. 3. § 1. N. 4. For the more assured conservation of the Peace c. that Justices assigned in every County to take Assizes Sheriffs where they do take Assizes as they be appointed incontinent after the Assizes c. shall enquire if Sheriffs or any other have let out by Replevin Prisoners not Replevisable or offended against 3 Ed. 1. 15. c. IV. 18 Ed. 2. pag. 84. § 32. N. 1. Leet The Frankpledge shall enquire of persons Imprisoned and let go without Mainprise V. 23 H. 6. 10. § 1. N. 6. viz. Sheriffs Imprisonm c. shall on oblig ' deliver all persons imprisoned c. such c. which be or shall be in their ward by Condemnation Execution Capias Vtlagatum or Excommunicatum Surety of the Peace and all such persons which be or shall be committed to ward by special commandment of any Justices and Vagabonds refusing to serve according to the form of the Statute of Labourers viz. 23 Ed. 3. 2. c. only excepted 4 Ed. 3. 2. § 1. N. 4. VI. 1 Rich. 3. 3. § 1. N. 2. That every Justice of Peace in every Shire Justices City or Town shall have Authority by his or their discretion to let such Prisoners and persons so arrested viz. on suspicion of Felony ro Bail or Mainprise in like form as though the same Prisoners or persons were Indicted thereof of Record before the same Justices in their Sessions 34 Ed. 3. 1. § 1. N. 6. 3 H. 7. 3. § 1. N. 7. VII 1 R. 3. 3. § 1. N. 3. Escape And that Justices of Peace have authority to enquire in their Sessions of all manner Escapes of every person arrested and imprisoned for Felony VIII 3 H. 7. 3. § 1. N. 3. That the Justices of Peace in every Shire Justices City and Town or two of them at the least whereof one to be of the Quorum have authority and power to let any such Prisoners or persons Mainprisable by the Law that have been imprisoned within their several Counties City or Town to Bail or Mainprise unto their next General Sessions or unto the next Goal-delivery of the same Goals in every Shire City or Town as well within Franchise as without where any Goals been or hereafter shall be IX 3 H. 7. 3. § 1. N. 4. And that the said Justices of the Peace Certificate or one of them so taking any such Bail or Mainprise do certifie the same at the next General Sessions of the Peace or the next General Goal-delivery of any such Goal within every such County City or Town next following after any such Bail or Mainprise so taken on pain of 10 l. for every default recorded 1 2 Phil. Mar. 13. § 3. N. 2. X. 3 H. 7. 3. § 1. N. 7. And that the aforesaid Act viz. 1 R. 3. 3. Justices § 1. N. 2. giving authority and power in the premisses to any Justice of the Peace by himself be in that behalf utterly void and of none effect c. XI 1 2 Phil. Mar. 13. § 2. N. 1. That Ability c. no Justice or Justices of the Peace shall let to Bail or Mainprise any such person or persons which for any offence c. be declared not to be replevised or bailed or be forbinden to be replevised or bailed by 3 Ed. 1. W. 1. cap. 15. XII 1 2 Phil. Mar. 13. § 3. N. 1. And furthermore that any Justices c. arrested for Man-slaughter or Felony or suspicion
and indifferent persons dwelling next about the Lands so Entred as before to enquire of such Entreies 2. Whereof every man which shall be Impannelled to Enquire in this behalf shall have Land or Tenement of the yearly value of xl s. by the year at the least above reprises 3. And that the Sheriff Retorn Issues upon every of them at the day of the first Precept Retornable 20 s. and at the second 40 s. and at the third time 100 s. and at every day after the double 4. And if any Sheriff or Bailiff within a Franchise having Retorn of the Kings Writ be slack and make not Execution duly of the said Precepts to him Directed to make such Inquiries that he shall forfeit to the King 20 l. for every default and moreover shall make Fine and Ransom to the King XI 8 H. 6. 9. § 5. N. 1. And that as well the Justices or Justice aforesaid as the Justices of Assise and every of them at their coming into the Country to take Assizes shall have and every of them shall have power to hear and determine such defaults and negligences of the Sheriffs and Bayliffs and every of them as well by Bill at the Suit of the party grieved for himself as for the King to sue by Indictment only to be taken for the King 2. And if the Sheriff or Bayliff be duly attainted in this behalf by Indictment or by Bill that he which sueth for himself and for the King have the one moiety of the Forfeiture of 20 l. together with his Costs and Expences 3. And that the same Process be made against such persons Indicted or sued by Bill in this behalf as should be against persons Indicted or Sued by Writ of Trespass done with Force and Arms against the Peace of the King XII 8 H. 6. 9. § 6. N. 1. And moreover if any person be put out or disseised of any Lands or Tenements in forcible manner or put out peaceably and after holden out with strong hand or after such Entry any Feoffment or Discontinuance in any wise thereof be made to defraud and take away the right of the Possessor that the party grieved in this behalf shall have Assize of Novel Disseisin or a Writ of Trespass against such Disseisor 2. And if the party greived recover by Assize or by Action of Trespass and it be found by Verdit or in other manner by due Form in Law that the party Defendant entred with Force into the Lands and Tenements or them after his Entry did hold with Force that the Plaintiff shall recover his Treble Damages against the Defendant 3. And moreover that he make Fine and Ransom to the King 4. And that Mayors Justices or Justice of Peace Sheriffs and Bayliffs of Cities Towns and Borroughs having Franchises have in the said Cities Towns and Burroughs like power to remove such Entries and in other Articles aforesaid rising within the same as the Justices of Peace and Sheriffs in Countyes and Countryes aforesaid have XIII 8 H. 6. 9. § 7. N. 1. Provided always that they which keep their Possessions with Force in any Lands and Tenements whereof they or their Ancestors or they whose Estate they have in such Lands and Tenements have continued their possessions in the same by three years or more be not endamaged by Force of this Statute Justices XIV Lambert 140. This Statute 8 H. 6. 9. § N. Enableth any one Justice of the Peace to give remedy in this hurt of Forcible Entry and holding and is made as well against such as enter with force and then hold peaceably and against those that enter in peaceable sort and then maintain their possession forcibly as also against as many as do both enter and hold in forcible manner 3 Ed. 4. 19. Forcible Entry Br. 15. F.N.B. 148. Dalt 56. cap. 22. 194. cap. 76. Disseisin XV. Lambert 141 142. Walking over another mans ground to Hawk Hunt Fish cut Grass or fell Trees or taking Goods is a Disseisin with Force and Arms 34 H. 6. 26. Acc. sur Stat. Br. 8. Briefe Br. 522. 11 Ass 26. 11 H. 4. 16. 21 Ed. 3. 34. Assize 301. and yet I doubt also whether any of these be of themselves forcible Entries of that nature which these Statutes do take in hand to punish for albeit they have in them more actual force then those other Trespasses c. Yet whilst the doer of them neither executeth apparent violence against any person nor is furnished with Weapon nor armed with Company that may offer any dreadfull disturbance I see not how those Statutes which have for their only mark strong hand and multitude of people can hurt or so much as hit him Cromp. 68. § 1. Dalt 195. cap. 77. XVI Lambert 142. So that if a man were Indicted upon this Statute Riot 8 H. 6. 9. for that he Disseised another vi Armis viz. Gladiis c. without saying manu forti c. or cum multitudine c. the Bill as I think would be insufficient unless it were holpen by concluding afterwards contra form ' Statuti predicti or by some other matter that implyeth so much Dalt 195. cap. 77. XVII Lambert 145. Seisin If a Justice of the Peace come to the house that is supposed to be holden with force and there findeth but one person which obstinately keepeth the Door shut against him and will not suffer him to enter this is a forcible holding by Marrow So is it if when the Justice entreth the house he shall find persons harnessed or in other Warlike sort appointed or having such furniture lying ready in the House to be used by them by Marrow But if a man shall peaceably enter into a House wherein he findeth Armor or Weapon for the War then as I think the only suffering it to remain there without the use thereof will not charge him as a forcible holder Crompt 70. b. § 40. Dalt 57. cap. 2◠197. cap. 77. Boult 123. cap. 29. § 11. XVIII Lambert 146 147. Touching the Recording of the Force Reeords although both this Statute 8 H. 6. 9. § 2. N. 3. 15 R. 2. 2. § 1. N. 2. have mention that the Justice shall upon complaint made unto him by the party grieved go to the place c. yet that doth not inforce any necessity of such complaint for it is holden 7 Ed. 4. 18. Crompt 64. a. that a Justice of Peace may Record a forcible Entry or holding or may enquire of it and make restitution also upon any Information or knowledge thereof whatsoever tho no complaint at all be brought unto him by any party grieved thereby Poult de Pace 38. § 16. Boult 122. cap. 29. § 8. XIX Crompt 67. b. 68. a. § 4. Justices If a man enters with Force upon the possession of a Justice of Peace it seemeth he himself may Record this Force and Commit him tho he is party himself to the matter
1. Provided always that this Act nor any thing therein contained shall be hurtful or prejudicial to the Barons or other Inhabitants of the Five Ports or of their Members neither to any Grant Liberty or Franchis heretofore made by the King c. Or any his Progenitors Kings of England to the said Barons or other Inhabitants their Ancestors or Predecessors or any of them Cinque Ports LXXIII 22 H. 8. 12. § 9. N. 2. And that it be Enacted c. that all and every Mayor and Mayors and Bailiff and Bailiffs Electife and Elected by the Commons and Inhabitants of every Town and place of the said Ports and Members shall have like Authority within every such Town and place where they or any of them be or shall be Mayor or Baliff or Jurate to put or cause to be put this Act in due Execution as the Justices of Peace in any County of this Realm have or shall have Authority and power by this Act to do where they be Justices Cinque Ports LXXIV 22 H. 8. 12 § 9. N. 3. And that the Inhabitants within every Town within the said Ports shall be bounden to the Execution of this Act like as other Inhabitants be without the said Ports upon like pain as is above remembred Cinque Ports LXXV 22 H. 8. 12. § 9. N. 4. And if any person c. which shall Inhabit within the said Five Ports or Members be impotent or other Idle person do hereafter begg without the said Five Ports or Members of the same Contrary to this Act that then every such person shall be ordered and punished according to this Act any thing in this Proviso to the contrary notwithstanding Seals LXXVI 22 H. 8. 12. § 10. N. 1. And it is ordained and Enacted that the Seals above rehearsed shall be made at the costs and charges of the Justices of Peace Mayors Sheriffs Bailiffs and other Officers above written on this side the Feast of the Nativity of Saint John Baptist next comeing that is to say that every of them shall do the said Seals to be made within the limits of their Division Jurisdiction and Authority LXXVII 22 H. 8. 12. § 11. N. 1. And it is also Ordained and Enacted that every Letter to be made by the Authority of this Act License whereby any Impotent Begger shall be authorized and assigned to beg shall be made in this form ensuing LXXVIII 22 H. 8. 12. § 12. N. 1. Kanc ' ss Memorandum that A. B. of Dale License for reasonable considerations is Licensed to beg within the Hundred of P. K. and L. in the said County given under the Seal of that limit tali die anno LXXIX 22 H. 8. 12. § 13. N. 1. And that every such Letter that shall be made and delivered to such Begger or Vagabond License after he hath been Whipped by Authority of this Act shall be made in this wise following LXXX 22 H. 8. 12. § 14. N. 1. Kanc ' ss I. S. Whipped for a Vagrant License strange Begger at Dale in the said County according to the Law 22 day of July in the 23 year of King H. 8. was assigned to pass forthwith and directly from thence to Sale in the County of Middlesex where he saith he was born or where he last dwelled by the time of three years and he is limited to be there within fourteen days next ensuing at his peril or within such number of days as to him shall be limited by the discretion of the maker of the said Letter in Witness whereof the Seal of the limit of the said place of his punishment hereunto is set 39 Eliz. 4. § N. LXXXI 22 H. 8. 12. § 15. N. 1. And it is enacted that every such Letter shall be made at the equal costs of such the said Justices Mayors Sheriffs License Bailiffs or other Officers within whose Jurisdiction Powers and Authorities the said Begger and Vagabond shall be whipped or limited to beg in by Authority of this Act and every such Letter shall be subscribed with the hand of one of the said Justices Mayors Sheriffs Baliffs or other Officers in this form following per me A. B. unum Justiciariorum pacis or Majorem Civitatis or Ballivum villae or Constabularium talis hundredi or else in like form in English LXXXII 22 H. 8. 12. § 16. N. 1. And it is further Enacted Imprisonment that every such person c. As have the Custody of any Goals within any Shire City Borough or Town Corporate on this side the Feast of Saint John the Baptist shall do make a Seal engraven with the name of the Castle Prison or Goal which he keepeth LXXXIII 22 H. 8. 12. § 16. N. 2. And in Case any person Fees c. That at any time after the said Feast of Saint John shall be delivered out of any Goal or Prison for suspitions of Felony by Proclamation or be acquit of any Felony and hath no friends to pay his fees nor was born within the Hundred or place where he shall happen to be so delivered nor can get him no Master there to abide and work with shall have liberty to beg for his fees by the License of his Keeper by the space of six Weeks next after such deliverance and after that to be compelled to go to the Hundred where he was born or last dwelled by the space of three years within such time as shall be limited by one of the Justices of Peace Mayors Seriffs Bailiffs or any Officers where such deliverance shall be had 27 H. 8. 25. 26 § 6. LXXXIV 22 H. 8. 12. § 17. N. 1. And it is enacted that every such person so delivered shall have a Letter made to him by the Clerk of the Peace of the Shire within the which he was delivered License if he be delivered in the Shire and if he be delivered in any City Borough or Town Corporate then he to have a Letter of the Common Clerk of every such City Borough or Town where he is delivered every such Letter witnessing the day of his deliverance and the place where he was delivered and afore whom and the time appointed to him to beg for his fees and the place to which he shall be assigned to repair unto in case he can get no Master to fall to Work where he was delivered and to every such Letter the said Goaler or Keeper of Prison out of the which such person shall be delivered shall put the Seal limited to be made as is aforesaid for the said Prison and that every such Letter shall be made in this wise following License LXXXV 22 H. 8. 12. § 18. N. 1. Essex ' ss the 20 day of July Anno Regni Regis H. 8. 23. I. S. was delivered for Felony out of the Goal of Dale in the said County at the Sessions holden afore A. B. and his Fellows at Sale the day and year aforesaid
their so doing such competent wages of the Mony of the said common Collections as by the discretion of the Mayor Aldermen Governor Bailiff or Justices of Peace and others of the Parish shall be thought good and reasonable which shall be appointed to them from time to time always at the making of their accounts before the whole Parish aforesaid CXXI 27 H. 8. 25. 26. § 19. N. 1. Item Charity The Mony of all and every the aforesaid free and Charitable Collections shall be kept in the common Coffer or Box standing in the Church of every Parish or else shall be committed into the hands and safe custody of any other such good and substantial trusty man as they can agree upon where they shall think it always sure and safe and where it may be surely delivered unto the uses before expressed from time to time as necessity shall require making always mention thereof in two several places of the said book as it is before declared as often times as any part thereof shall be spent or gathered CXXII 27 H. 8. 25. 26. § 20. N. 1. Item It is ordered Days c. That the Inhabitants of every Parish of this Realm shall begin to make the foresaid free Charitable and Godly Collections and Gatherings in every Sunday and Holiday next after the day of Saint John Baptist next coming and so shall continue yearly unto the last day of the next Parliament and every Parish making default and not putting all and every the premisses in due and perfect Execution according to their power behaviors and discretions shall lose and forfeit 20 s. for every Month in which it is omitted and undone CXXIII 27 H. 8. 25. 26. § 20. N. 2. And all Justices of Peace in every County and Liberty of this Realm Justices shall have full power and Authority by vertue of this present act to enquire hear order and determine all and every the premisses in manner and form and to all intents as it is before declared CXXIV 27 H. 8. 25. 26. § 21. N. 1. Finally it is ordained Continuance c. that this present Act shall begin to take effect and to be put in Execution with the aforesaid former Act viz. 22 H. 8. 12. the morrow after the day of Saint Michael the Arch-Angel next coming and shall continue unto the last day of the next Parliament 31 H. 8. 7. CXXV 27 H. 8. 25. 26. § 21. N. 2. Forfeiture And that the one moity of all and every the Forfeitures aforesaid shall be to the use of the common box to the relief of the Poor Decrepit Sick and Indigent and Impotent people being within any City Town Hundred or Parish where any such offence is committed and the other moity to him or them that will sue for the same by Bill Action of Debt Plaint or otherwise in any Court of Record or Court Baron of this Realm in which Action no wager of Law Essoyn or Protection shall be allowed CXXVI 27 H. 8. 25. 26. § 22. N. 1. Charity Provided always that this present Act shall not be hurtful or prejudicial unto any person or persons for giving or sending any ready mony or of any fragments or broken meat or drink unto any person or persons Inhabited within the Parish where he dwelleth or to any persons but that they and every of them of their Charity may use send order give and dispose the same to any person or persons aforesaid as they will themselves either within their own Houses or else where any thing contained in this present Act to the contrary in any wise notwithstanding CXXVII 27 H. 8. 25. 26. § 23. N. 1. And be it further Enacted Certificat c. That they which by the Authority of this Act shall cause the Ears of any offendor to be cut off in form before mentioned shall certifie in writing indented under their Seals at the next General Sessions of the Peace that shall be kept in any City Town Borough or Shire unto the Clerk of the Peace of the same City Town or Shire the names of all such as shall fortune to have their Ears cut off for the causes beforesaid and of the time and place of doing the same and if they fail and make default this to do by the space of one month that then they shall forfeit for every month so offending 40 s. Church wardens CXXVIII 27 H. 8. 25. 26 § 24. N. 1. And be it further Enacted c. That no Church-warden Collector or Collectors of any the foresaid charitable Alms shall continue in his or their said Offices and Rooms above the space of one whole year Charity CXXIX 27 H. 8. 25. 26. § 24. N. 2. And that in all Cities Boroughs Towns and Parishes of this Realm the overplus of all and all manner of Collections of the Rich and Wealthy Parishes within any of the same Cities Boroughs Towns Hundreds Lathes Rapes and Wapentakes from time to time shall be ordered and distributed for and towards the sustentation of the charges of other poor Parishes near and within any of the same Cities Boroughs Towns Hundreds Lathes Rapes and Wapentakes by the discretion from time to time of the Mayor Aldermen Baliffs Governors Justices of Peace and high Constable of the same Constable CXXX 27 H. 8. 25. 26. § 25. N. 1. Provided alwais that in such Cities Towns Hundreds Wapentakes Lathes Rapes Ridings Tythings Hamlets and Parishes where the voluntary and unconstrained Alms and Charity of the Parishioners or people which by this Act shall be contributory to such Alms and with such Mony as shall be added and given to the same from any Monasteries or other persons bodies Politick Corporate or other will not suffice to the sustentation of the poor needy and indigent people being within the limits of such contribution neither the Mayors Aldermen Sheriffs Bailiffs Constables or other head Officers Householders Ministers or Inhabitants of the same in particular ne also the whole of them in general shall incurre or run into the said forfeiture danger or penalty of 20 s. for every Month ne any of them to be constrained to any such certain contribution but as their free wills and Charities shall extend otherwise than that the persons thereunto appointed by this Act shall well and truly distribute according to the purport of the same the said Charity and Alms that shall come to their hands of voluntary gift upon the penalties in this Act for the same provided any Clause Sentence or Words in the same Act being or founden to the Contrary thereof notwithstanding Charity CXXXI 27 H. 8. 25. 26. § 26. N. 1. Provided also it shall be lawful to all Noblemen and other keeping Houses their Almoners Servants Officers and Ministers to give in Alms the Fragments or broken Meat or Drink of the same as well to poor and indigent people of other Parishes as of the same Parishes where such House
the said Child unto the ages before specified to be Servants or Apprentices to the said person so taking and promising to be used and ordered in all points according as the Law and custome of this Realm is of Servants and Apprentices to what labor occupation or service soever the said Master shall appoint him or her during the said terme Infant CLVI 1 Ed. 6. 3. § 7. N. 5. And if it shall fortune such Child so adjudged to run away at any time one or more times from his or her Master or Mistres that then it shall be lawful for every such Master to take the said Child again and to keep and punish the said Child in chains or otherwise and use him or her as his Slave in all points for the time before rehearsed of the age of such Child that is to say till twenty the Woman Child and the Man Child twenty four Villenage CLVII 1 Ed. 6. 3. § 8. N. 1. Provided always that any Master either of the Men or of the Women so adjudged Slaves or of the Children adjudged Apprentices or Servants may Let set forth seal bequeath or give the service and labor of such Slaves or Servants so adjudged as is aforesaid to any person or persons to whomsoever he will upon such condition and for such terme of years as the said persons be adjudged to him for Slaves Servants or Apprentices after such like sort and manner as he may do of any other his moveable Goods or Chattels and they for the said space and time to be bound to all points and constructions to such lessee vendee donee or assignee as they were to their first apprehendors and Masters by virtue of this Statute Villenage CLVIII 1 Ed. 6. 3. § 9. N. 1. Provided always and be it enacted c. that if any such Slave or Slaves or Children so adjudged shall at any time after such Judgment maihem or wound their Masters or Mistresses in resisting their correction or otherwise or when they be manumitted and set again free or in the time of their service shall conspire with any other or by themselves go about to Murder and Kill or to Maihem Wound or Beat the said Master or Mistres or any that was their Master or Mistres or to burn their Houses Barns or Corn so that their intent come to an Act tending to the effect as lying in wait with Weapon or any such like shall be accounted Felony and they shall suffer therefore pains of Death as in case of Felony Villenage CLIX. 1 Ed. 6. 3. § 9. N. 2. Except that any such person or persons as be or had been Master or Mistres to any of them or he refusing any other will take such person so offending to their Slaves and then he or she so offending to be adjudged to the person so willing to take him or her so offending slave for ever and thereupon to be discharged of the Felony Villenage CLX 1 Ed. 6. 3. § 9. N. 3. The same Law and order to be had in all conditions if it should chance the Father Mother Nourse or other the bearer about of the Child or any other person or persons to steal away such Child adjudged Apprentice or Servant that is to be slave to such Apprentices or Servant's Master whose Apprentice or Servant was so stolen or inticed away for ever and the Master nevertheless to take and receive his said Apprentice or Servant again as if the said taking away had never been done CLXI 1 Ed. 6. 3. § 10. N. 1. Be it also Enacted Apprentice c. that although there be no man which shall demand such Loyterer or Loyterers as before expressed into their Service yet nevertheless the Justice of Peace in that City Borough Town or Hundred dwelling if any such be or else any other Justice of Peace of the same Shire and also there dwelling of his or their Office shall be hereafter bound by virtue of this Act not only to inquire of all such Idle-persons but also if they do espy any such Vagabonds or Idle-persons or if any such be detected unto them to examin him or her of the time of their Vagabondry CLXII 1 Ed. 6. 3. § 10. N. 2. Justices And if it shall appear to any Justice of Peace any such Man or Woman to have been a Vagrant and Vagabond or Idle-person by the space as is aforesaid to cause the same to be marked on the Breast with an V. made with an hot Iron CLXIII 1 Ed. 6. 3. § 10. N. 3. And also to inquire of him Lieu. the Town City or Village wherein he was born and then shall immediately give a Writing in Parchment seal'd with his Seal to the said Loyterer of the tenor and form which here ensueth CLXIV 1 Ed. 6. 3. § 10. N. 4. A. B. Justice of Peace in the County of S. to the Mayor or Cheif-Officer of the City of Z. if it be a City or to the Head-Borough Baily or Constable Certificate or Head-Officer of the Town of Z. if it be a Town or to the Constable or Tything-man of the Village of C. if it be a Village CLXV 1 Ed. 6. 3. § 10. N. 5. According to a most Godly Statute made in the first year of the Raign of our Soveraign Lord King Edward the sixth c. we have taken this Bearer J. K. Vagrantly Certificate and to the Evil Example of others without Master Service or Labor whereby to get his Living going loytering idly about and because the same saith he was born in C. in the County of S. whereof you are the Head-Officer or Constable we have sent him to you to be ordered according to the purport and effect of the same Statute CLXVI 1 Ed. 6. 3. § 10. N. 6. And with this Writing Constable shall deliver the same Loyterer to the Constable or other Head-Officer of the said City Town or Village wherein such Loyterer was taken to be safely by them conveyed to the next Constable and so from Constable to Constables and other Head-Officers till he or she be brought to the place the which he or she hath named themselves to be born in CLXVII 1 Ed. 6. 3. § 10. N. 7. And then to be delivered to the Head-Officer or Constables of that same City Borough or Town Village Lieu. Hamlet or Parish there to be nourished and kept of the same City Town or Village in Chains or otherwise either in the common Works in amending High-ways or other common works or from man to man in order till they which may bear be equally charged to be Slave to the Corporation of the said City or to the Inhabitants of the Town or Village that he or she was born in after all such Form Condition space of Years Orders Punishments for running away and all others as are expressed of a Common or Private Person to whom any such Loyterer is adjudged a Slave CLXVIII 1
Ed. 6. 3. § 10. N. 8. And the said City Town or Village Laborer shall see the said Slave being able to Labor set on work and not live Idly within the said Premises upon pain for every such default that the said Slave doth live Idly by the default of the City Borough or Town or Village by the space of three working days together the City to Forfeit 5 l. a Borough or Town Incorporate 40 s. and other Town or Village 20 s. whereof the one half to the King our Soveraign Lord the other to him that will sue for the same in any of the Kings Courts of Record by Bill Information or Action of Debt in the which Suits no Essoyn Wager of Law or Protection shall be allowed Corporation CLXIX 1 Ed. 6. 3. § 11. N. 1. Provided and be it Enacted that the City Town and Borough Coporate by the consent of the most part of the Corporation and the Town and Village not Corporate by the consent of the most part of the Inhabitants thereof may set sell or give away the right title and interest of the said Slave to any other Persons as any other Common or Private person may do with his Slave by Virtue of this Act. Lieu. CLXX 1 Ed. 6. 3. § 12. N. 1. Provided always and be it Enacted that if it fortune when the said Vagabond is brought to the said City Town or Village where the said person said he was born to appear and be manifest that he or she was not there born that then for such lye the said Vagrant shall be marked in the face with an S. and be Slave to the Inhabitants or Corporation of the City Town or Village where the said Vagrant said he was born in for ever upon such Conditions and Orders in all points as of a Slave marked in the face is before expressed Alien CLXXI. 1 Ed. 6. 3. § 12. N. 2. The same Law and Order in all points to be had of all Vagrant persons and Vagabonds being born in any other Nation or Country than this Realm as is before expressed of English idle persons marking in the breast or face only excepted that is to say to be had to the next Port and there to be kept of the Inhabitants of the said next Port in convenient Labor and from Idleness or otherwise till they may be conveyed over and then at the costs of the Inhabitants of the said Port to he conveyed over into their Countries Ability CLXXII 1 Ed. 6. 3. § 13. N. 1. And forasmuch as there is many maimed and otherwise lamed sore aged and impotent persons which resort to the City of London and to other Cities Towns and Villages on begging whose coming together and making a number doth fill the streets or high-ways of divers Cities Towns Markets and Fairs who if they were separated might easily be nourished in the towns and places where they were born or where they were or have been most conversant and abiding by the space of three years Trades CLXXIII 1 Ed. 6. 3. § 13. N. 2. Be it therefore Enacted c. that all and singular Mayors Sheriffs Bailiffs Constables or other head-Officers of any City Town or Hundred to which such resort is or shall be shall before the Feast of Purification of our Lady next following see all such Idle Impotent maimed and aged persons who otherwise cannot by their discretions be taken for Vagabonds which were born within the said City Town or Hundred or hath been there most conversant and abiding by the space of three years as is aforesaid and now decayed bestowed and provided for of Tenantries Cottages or other convenient Houses to be lodged in at the costs and charges of the said Cities Towns Boroughs and Villages there to be releived and cured by the devotion of the good people of the said City Borough Town or Village Lieu. CLXXIV 1 Ed. 6. 3. § 13. N. 3. And that they do not suffer after the time before rehearsed any other than such as either were born or have been for the most part conversant or abiding for the space aforesaid in the said City Borough Village or Town to remain and beg abroad within the Precincts of such Cities Towns Villages or Hundreds Forfeiture CLXXV 1 Ed. 6. 3. § 13. N. 4. Upon pain that every such Mayors Sheriffs and Bailiffs Constable or other head-Officer by what names soever he be called suffering any person to beg within the precinct of his or their such Jurisdiction other than is before rehearsed for every three days shall forfeit 10 s. to whomsoever will sue therefore by Bill Information or Action of debt in any Court of Record in the which suits no Essoyn Wager of Law nor Protection shall be allowed CLXXVI 1 Ed. 6. 3. § 14. N. 1. And for the better performance hereof be it Enacted c. that the Mayor of the City of London Corporation and all other Mayors Bailiffs Sheriffs Constables and other Head-Officers of every City and Town Corporate do with all convenient speed by themselves or their sufficient Deputies by them appointed before the Feast of the Purification next coming and so from time to time every month once make a view and Examination of Aged Impotent and Lame persons Beggers as be within the precinct of their Jurisdiction CLXXVII 1 Ed. 6. 3. § 14. N. 2. And see all such as were not born Settlement nor have been for the most part conversant and abiding there by the space of three years compleat conveyed on Horseback Cart or Chariot or otherwise as shall seem by their discretions to the next Constables and they to convey the same to the next Constables and so from Constables to Constables till the said persons be brought to the place where they were born or most conversant and abiding as is aforesaid there to be provided for kept and nourished of Alms as is aforesaid CLXXVIII 1 Ed. 6. 3. § 14. N. 3. Upon pain that every such Mayor Forfeiture Sheriff or Constable Head-borough or Head-Officer not making view not sending or conveying away not receiving or not providing as is before appointed according to the true purport or meaning of this Act to forfeit for every such default 40 s. whereof the one half to the Kings use the other to the party that will sue therefore in any of the Kings Courts of Record by Bill Information Action of Debt in the which suits none Essoyn Wager of Law nor Protection shall be allowed CLXXIX 1 Ed. 6. 3. § 15. N. 1. Provided always Ability that if any of the said aged maihmed or Impotent persons of the Cities Towns or Villages where they were born in or had their most abiding as is aforesaid be not so Lame or Impotent but that they may work in some manner of work that then such City Town Parish or Village do either in common provide some such work for them as they may
Statutes of this Relam have not been put in due Execution and partly also by reason of the multitude of the same the extremity of some whereof have been occasion that they have not been put in ure 5 Eliz. 3. § 1. N. 6. CXCVI. 3 4 Ed. 6. 16. § 1. N. 2. Therefore and for divers good considerations it is Enacted c. that the Statute Villenage c. viz. 1 Ed. 6. 3. § 2. N. 3. concerning idle persons and Vagabonds in certain cases to be made Slaves c. and all and every Article matter proviso branch and sentence therein contained shall be from henceforth utterly repealed made frustrate void and of none effect 21 Jac. 28. § 11. N. 28. 69. CXCVII 3 4 Ed. 6. 16. § 2. N. 1. And that the Statute Continuance c. viz. 22 H. 8. 12. And every matter article proviso branch and sentence therein contained to be from henceforth revived made good and stand in full strength and vertue and shall continue and remain a perfect Act of Parliament for ever CXCVIII. 3 4 Ed. 6. 16. § 3. N. 1. And be it therefore Enacted Justices c. that all Justices of Peace and every of them within the limits of their Commission and the Mayors Sheriffs Bailiffs and other Officers within their several rules and offices shall within their several limits assemble together and make their several division according to the purport and effect of this Act at the next general Quarter Sessions of the Peace to be holden after the Feast of Easter next to come for the due speedy and diligent Execution of the same Act viz. 22 H. 8. 12. CXCIX 3 4 Ed. 6. 16. § 3. N. 2. And that if any such aged or impotent person after the Feast of Easter next to come Ability shall offend contrary to this Estatute that then the said offender shall be used and punished as in the same Estatute c. viz. 22. H. 8. 12. § N. is provided CC. 3 4 Ed. 6. 16. § 3. N. 3. And that before the Feast of Easter Pain no punishment shall be put in Execution against any such Impotent Lame and Aged person but only by the discretion of the next Justice of Peace of the same Shire where such offender shall be apprehended any thing in said Act viz. 22 H. 8. 12. to the contrary notwithstanding CCI. 3 4 Ed. 6. 16. § 4. N. 2. Be it Enacted Husbandry c. that such common laborers viz. in Husbandry being persons able in body using loytering and refusing to work for such reasonable wages as is most commonly given in the parts where such persons shall dwell shall be for every such times as he or they refuse to labor having reasonable wages as is aforesaid adjudged Vagabonds and shall be punished as strong and mighty Vagabonds in such manner and form as is declared in the said Act viz. 22 H. 8. 12. § N. Cottages CCII. 3 4 Ed. 6. 16. § 4. N. 4. Be it Enacted c. that all and singular Mayors Sheriffs Bailiffs Constables or other Head-Officers of any City Town or Village to which such resort is or shall be shall before the Feast of the Purification of our Lady next following see all such Idle Impotent Maihmed and Aged persons who otherwise cannot by their discretions be taken for Vagabonds which were born within the said City Town or Village or have been there most conversant and abiding by the space of three years and now decayed bestowed and provided for of the Tenantries Cottages or other convenient Houses to be Lodged in at the costs and charges of the said Cities Towns and Boroughs and Villages there to be relieved and cured by devotion of Good people of the said City Borough Town or Village 1 Ed. 6. 3. § 13. N. 2. Continuance CCIII 3 4 Ed. 6. 16. § 9. N. 1. And be it further Enacted c. that all and every Statute and Act of Parliament made for punishment of Vagabonds Slaves Aged and Impotent persons or any of them and every Article Sentence Clause or Proviso therein contained other than this pre-present Act and Statute made and the said Act c. viz. 22 H. 8. 12. shall be from henceforth utterly void repealed and of no effect or force Records CCIV. 3 4 Ed. 6. 16. § 11. N. 2. And the said Judgment viz. 1 Ed. 6. 3. § 7. N. 3. 4. shall be entred by the Clerk of the Peace in the said Sessions in form following Memorandum that at the Sessions of the Peace holden at or on the day c. one J. B. of the Town of J. had delivered to him according to the form of the Statute in that case provided B. D. esteemed to be of the age of seaven or eight years to be ordered according to the form of the said Statute Infant CCV 3 4 Ed. 6. 16. § 12. N. 1. And if it shall fortune such Child so adjudged to run away at any time once or more times from his or her Master or Mistres that then it shall be lawful for every such Master or Mistres to take the said Child again and to keep and punish the said Child in the Stocks or otherwise by discretion or otherwise at the liberty of such Master or Mistres to have a Warrant from any Justice of Peace in the same Shire where the Child so runs away for such Child running away or going away as is provided by the Statute of Laborers viz. 12 Ric. 2. 3. for such Servants as depart away from their Master or Mistres without a reasonable cause before the end of their terme 1 Ed. 6. 3. § 7. N. 5. Justices CCVI. 3 4 Ed. 6. 16. § 13. N. 1. And that every Justice of Peace shall by force of this Act have Authority and power to make such warrant against every such person so going and runing away in like form as they or any of them may do against any Servant departing out of his Masters service without License or reasonable cause and by force of the same Warrant the Child so running or going away to be taken and ordered in every degree as is provided by the said Statute c. viz. 12 Ric. 2. 3. as is aforesaid Apprentice CCVII. 3 4 Ed. 6. 16. § 14. N. 1. And be it further Enacted c. that if and as often as it shall chance the Father Mother Nource or other bearer about of the Child or any other person or persons to steal or intice away any such Child adjudged for a Servant as is aforesaid that then and so often it shall be Lawful for the Master or Mistres of the same Child to be at his or their liberty to take an action upon the Statute of laborers viz. 12 Ric. 2. 3. against every such person so stealing or Inticing away such Child as he or they might have by reason of the said
containing the Names and Surnames of all such Aged Decayed and Impotent Poor people as be within their said limits and Authorities which shall always remain with the said Justices Mayors Bailiffs or other Head-Officers or any one of them CCCXV. 14 Eliz. 5. § 14. N. 5. And when the number of the said Poor people forced to live upon Alms be by that means truely known Cottages then the Justices Mayors Sheriffs Bailiffs and other Officers shall within like convenient time devise and appoint within every of their several divisions meet and convenient places by their discretions to settle the same Poor people for their Habitations and abidings if the Parish within the which they shall be found shall not or will not provide for them CCCXVI. 14 Eliz. 5. § 14. N. 6. And shall also within like convenient time number all the said Poor people within their said several limits Apportionment and thereupon having regard to the number set down what portion the weekly charge towards the relief and sustentation of the said Poor people will amount unto within every their said several divisions and limits CCCXVII 14 Eliz. 5. § 14. N. 7. And that done they the said Justices Taxe Mayors Sheriffs Bailiffs and other Officers within every their several Commissions Authorities Divisions and limits shall by their good discretions Tax and assesse all and every the Inhabitants dwelling in all and every City Borough Town Village Hamlet and Place known within the said limits and divisions to such weekly charge as they and every of them shall weekly contribute towards the relief of the said Poor people CCCXVIII 14 Eliz. 5. § 14. N. 8. And the names of all such Inhabitants Taxed shall also enter into the said Register-Book Record together with their Taxation CCCXIX. 14 Eliz. 5. § 14. N. 9. And also shall by their discretions within every their said divisions and limits appoint to see Collectors Officers for one whole year to be appointed of the said weekly portion which shall Collect and gather the said proportion and make delivery of so much thereof according to the discretion of the said Justices Mayors Sheriffs Bailiffs and other Officers to the said Poor people as the said Justices Mayors Sheriffs Bailiffs and other Officers shall appoint them CCCXX 14 Eliz. 5. § 14. N. 10. And also shall appoint Overseers of the said Poor people by their discretions Overseers to continue also for one whole year CCCXXI. 14 Eliz. 5. § 14. N. 11. And if they do refuse to be Overseers then every of them so refusing Officer to forfeit 10 s. for every such default CCCXXII 14 Eliz. 5. § 15. N. 1. And be it further Enacted London c. that the Mayor of the City of London and the Mayor Sheriffs Baliffs and other Head-Officers of every other City Borough or Town-Corporate or his or their sufficient Deputy or Deputies within their Cities Boroughs and Towns-Corporate and the Constables or Tythingmen of all and every Hundred Rape and Wapentake within all and every such abiding place and places within their Hundreds limits and precincts as shall be appointed to settle the Poor people in shall once every month next after the said places so appointed be inhabited with the said Poor people according to the intent of this present Act of Parliament make a view and search of all the Aged impotent and Lame persons within the precinct of their Jurisdictions Lieu. CCCXXIII 14 Eliz. 5. § 15. N. 2. And all such person and persons as they shall find not being born within that division nor within the said Cites Boroughs or Towns-Corporate then shall they presently see the same Poor people not there born nor dwelling within the said three years except Leprous people and Bedrid people to be conveyed on Horseback in Cart or otherwise as shall seem best to their discretions to the next Constable and so from Constable to Constable the directest way till the said person and persons be brought to the place where he or she was born or most conversant by the space of three years next before Hospitals CCCXXIV 14 Eliz. 5. § 15. N. 3. And there to be put in the abiding place or one of the abiding places of that County appointed or to be appointed for the Habitation of the Poor people of that County there to be provided kept and nourished of Alms as is aforesaid upon pain of 20 s. every of the said Officers that is neglecting Vagabonds CCCXXV 14 Eliz. 5. § 16. N. 1. And be it further Enacted c. that if any of the said Poor people upon the appointment of the said Justices or other Officers refuse to be bestowed in any of the abiding places before mentioned but covet still to hold on their trade of Begging or after they be once bestowed in the said abiding place or places do depart and beg then the said person or persons so offending for the first offence to be accounted a Rogue or Vagabond in the first degree of punishment set forth by this Act in all points Pain CCCXXVI 14 Eliz. 5. § 16. N. 2. And if he she or they do the second time offend they to be esteemed as a Rogue or Vagabond in the last degree of punishment set forth by this Act in all points Forfeiture CCCXXVII 14 Eliz. 5. § 17. N. 1. And it is further Enacted c. that if any manner of person or persons appointed and Elected to be Collectors as is aforesaid shall refuse the said Office or shall after he hath agreed to it neglect the same he shall forfeit and lose for every offence to the use of the Poor of the same place 40 s. of lawful mony of England to be levyed by distress or recovered by Action Bill Plaint or Information in any Court of Record or Lords Court by the High-Constables or Tything-men aforesaid in which suit no Essoyn Protection nor Wager of Law shall be allowed or admitted to the party Defendent Constable CCCXXVIII 14 Eliz. 5. § 17. N. 2. And if the said High-Constables shall be remiss or negligent to sue or shall refuse to sue the said Collectors and every of them within two months next after such refusal or negligence in or by the said Collector that then the said High-Constables or Tything-men shall forfeit and lose 5 l. of lawful mony of England to the use of the Poor of the same place Justices CCCXXIX 14 Eliz. 5. § 17. N. 3. To be sued for by and in the name of two of the next Justices of the said place or places being out of the Cities Boroughs and Towns Corporate Corporation CCCXXX 14 Eliz. 5. § 17. N. 4. If within then by Mayor Bailiffs or other Head-Officers of the said Cities Boroughs or Towns-Corporate in any Court of Record or Lords Court by Action of Debt Bill Plaint or Information in which no Essoyn Protection or Wager of Law shall be
allowed Account CCCXXXI 14 Eliz. 5. § 18. N. 1. And further be it Enacted that the said Collectors and every of them so to be chosen as is aforesaid shall make their just account half yearly of their said Collecting and gathering to two Justices of the Peace dwelling next to the said abiding place or places not being within any City Borough or Town-Corporate or to the Mayor Sheriffs or other Chief-Officers of the said Cities Boroughs or Towns-Corporate CCCXXXII 14 Eliz. 5. § 18. N. 3. And when they go out of their Offices Account they shall deliver or cause to be delivered forthwith upon their accounts all such surplusages of their Collection and gathering as shall then remain undistributed to be ordered by the said Justices Mayors Bailiffs or other Head-Officers upon the said pain of 10 l. CCCXXXIII 14 Eliz. 5. § 18. N. 4. If any such Collector shall refuse to make his said account Imprisonment or neglect the same by the space of fourteen days after request to him therefore made then the said two Justices or one of them to commit the said Collector to the next Goal for the said County there to remain without Bail or mainprise till he have made his said account and immediate payment and delivery of all such surplusages as he hath received CCCXXXIV 14 Eliz. 5. § 19. N. 1. And be it further Enacted Taxes that if any person or persons being able to further this Charitable work will obstinately refuse to give towards the help and relief of the said Poor people or do wilfully discourage others from so charitable a deed the said obstinate person or wilful discourager shall presently be brought before two Justices of the Peace whereof one to be of the Quorum of the same County to show the cause of his obstinate refusal or wilfull discouragment and to abide such order therein as the said Justices shall appoint if he refuse so to do then to be committed to the next Goal for the said Shire there to remain until he be contented with their said order and do perform the same CCCXXXV 14 Eliz. 5. § 20. N. 1. And it is also further Enacted that if any of the said aged and impotent persons not being so diseased Laborers lame or impotent but that they may work in some manner of work shall be by the Overseers of the said abiding place appointed to work if they refuse then in form aforesaid to be whipped and stocked for their first refusal and for their second refusal to be punished as in case of Vagaboncy in the first degree of punishment CCCXXXVI 14 Eliz. 5. § 21. N. 1. Provided always and be it further Enacted c. that three Justices of the Peace Justices whereof one to be of the Quorum of and with the surplusages of the said Collections and forfeitures the said Poor and Impotent people satisfied and provided for shall by their discretions in such convenient place and places within their said Shires as they shall think meet place and settle to work the Rogues and Vagabonds that shall be disposed to work born within their said Counties or there abiding for the most part within the said three years there to be holden to work by the oversight of the said Overseers to get their livings and to live and to be sustained only upon their labor and travail CCCXXXVII 14 Eliz. 5. § 22. N. 1. Be it also further Enacted Apprentice c. that if any Beggers Child being above the age of five years and under fourteen years being Male or Female shall be liked of by any Subject of this Realm of honest calling who shall be willing to take the said Child into service the said Subject shall at the next General Sessions to be holden for the said County by order of the Justices there or the most part of them have the said Child bound with him if it be a Man Child till the age of twenty four years if it be a Woman Child till the age of eighteen years CCCXXXVIII 14 Eliz. 5. § 22. N. 2. If the Child do after depart or be taken or be enticed from the said Master or Mistres Infant to have their remedy by order of laborers viz. 23 Ed. 3. 2. either by way of Action or otherwise as well against the Child as against the taker or inticer thereof Forfeiture CCCXXXIX 14 Eliz. 5. § 23. N 1. Be it also enacted c. that all the forfeitures appointed or to grow by this Statute except the forfeitures of Justices of Peace shall wholly go and be imployed to the use of the Poor aforesaid and shall be levyed by distress by the discretion of the Justices of the same County or two of them or other Head-Officers aforesaid Justices CCCXL 14 Eliz. 5. § 23. N. 3. And that the Justices of Peace in all Shires of England shall in their Quarter Sessions next after Easter yearly Examine the performance or not performance of this Statute according to the tenor thereof as they are bound to do the Statute of Laborers viz. 23 Ed. 3. c. And at their said Sessions shall yearly appoint new Collectors and new Overseers for the causes aforesaid and shall then also agree upon new views and searches of the said Impotent people within every their limits for the year following if need shall be and further at their said Sessions shall take order by their good discretions for all and every thing and things that may in any ways further the intent of this Act. Justices CCCXLI 14 Eliz. 5. § 24. N. 1. And be it further Enacted c. that three Justices of Peace within all the Shires of this Realm whereof one to be of the Quorum shall have full power by Authority of this present Parliament to hear and determine all causes except forfeitures of Justices of Peace that shall come in question by reason of this present Act. Alms. CCCXLII 14 Eliz. 5. § 25. N. 1. Provided also that forasmuch as it is thought that the Inhabitants of divers Counties Cities and Towns within this Realm be not able to relieve the Poor Lame and Impotent persons with mony to be Collected in manner and form aforesaid and that it were overgreat a burthen to the Collector for to gather Meat Drink Corn or other things for their relief to be imployed and bestowed in form aforesaid Licence CCCXLIII 14 Eliz. 5. § 25. N. 2. Therefore it is further Enacted that it shall be lawful to and for the Justices of Peace in their open Sessions of the Peace or for the most part of them there assembled within any the Counties Cities or Towns of this Realm where Collections of mony cannot presently be had as this present Act willeth and appointeth to grant Licence under their Hands and Seals to such and so many of the said Poor and Impotent or diseased persons or to any other person or persons to be by the
said Justices assigned and allowed for the said Poor Charity CCCXLIV 14. Eliz. 5. § 25. N. 3. To ask gather and receive within such other Township or Parishes of the said County as the said Justices or the most part of them there then in their said Sessions assembled shall especially name and appoint limit and assign the Charitable devotion and Alms at the House or Houses of the Inhabitants of such Town Parish or Parishes by the said Justices Named Appointed Limited or Assigned so that they do appoint the said Poor so to be relieved only within the Towns and Parishes being within the divisions of the same Justices that so shall give such Licence or Licences Lieu. CCCXLV. 14 Eliz. 5. § 25. N. 4. And that the Inhabitants of every such Parish or Parishes to the which such Poor or Impotent persons shall be so appointed as is aforesaid shall be coacted and bound by vertue of this Act under such pain as to the discretion of the said Justices there in their Sessions Assembled or the most part of them shall seem convenient to relieve the said Poor and Impotent persons in such sort as the said Justices there assembled shall appoint Corporation CCCXLVI 14 Eliz. 5. § 26. N. 1. And be it further Enacted that if it shall happen any City or Town-Corporate to have in it more Impotent and Poor folks not able to labour then the said Town or City is able to relieve and the said City or Town-Corporate is a County of it self or Situate or standing in one County and Immediatly adjoyning to another that in those Cities or Towns the Mayor or Head-Officers of the said City or Town shall make Certificate to the Justices of the Counties adjoyning to the said Cities or Towns CCCXLVII 14 Eliz. 5. § 26. N. 2. And the same Justices of the said adjoyning County or Town in their General Sessions of the Peace Licence shall give Licence and follow the Order above remembred according as other Justices of the Counties in the which any Town or Parish surcharged standeth are before limited and authorized to do CCCXLVIII 14 Eliz. 5. § 27. N. 1. Provided always and be it Enacted c. that all and every summ and summs of mony London from henceforth to be Collected or Gathered within the City of London and the Liberties of the same by vertue of this Act shall be paid unto the Governors of the Hospital called the Hospital of Christ-Church within the said City of London for the time being and shall be by them from time to time distributed and bestowed for the relief of the Poor of the same City according to their Wisdoms and discretions any thing in this Statute contained to the contrary notwithstanding CCCXLIX 14 Eliz. 5. § 28. N. 1. Provided also and be it Enacted Franchis c. that all and every summ and summs of mony from henceforth to be Collected or Gathered within the City of Coventry and the Liberties of the same by vertue of this Act towards the maintenance and relief of the Hospital of Poor people erected in the same City shall be paid unto such Governor and Governors of the said Hospital as now is or hereafter shall be admitted and appointed by the Mayor and Aldermen of the said City of Coventry or the more part of them for the time being CCCL 14 Eliz. 5. § 28. N. 2. And such Governor and Governors Charity so admitted and appointed as is aforesaid shall from time to time distribute and bestow for the reliefe of the Poor within the said City the said summ or summs of mony according to their Wisdoms and discretions any thing mentioned in this Act to the contrary notwithstanding CCCLI 14 Eliz. 5. § 29. N. 1. Provided also and be it Enacted Franchis c. that all and every summ and summs of mony from henceforth to be paid Collected or Gathered within the City of Gloucester Liberties and limits of the same City for and towards the use or relief of the Poor and all and every other relief which shall be due and payable or is to be yielded within the said City Liberties or limits for and towards the relief of the said Poor shall be from time to time paid and delivered or otherwise shall stand and be at the only rule order and disposition of the President and Governors of the Hospital of Saint Bartholomew of the Foundation of our most Gracious Soveraign Lady Queen Elizabeth within the said City of Gloucester for the time being and shall be by them from time to time distributed and bestowed for the relief of the Poor of the said City according to their Wisdoms and Discretions CCCLII. 14 Eliz. 5. § 30. N. 1. And be it further Enacted Ordinary c. that the Bishop of every Diocess or his Chancellor for the time being shall yearly visit all Hospitals in the Diocess of such Bishop where no Visitor by the Founder or Founders is appointed if the Founder of the said Hospital be then Dead and to see and take order that the said Hospital be ordered and used according to the Statutes and Ordinances of the Foundation thereof and if the Founder be then living the said Founder to visit the same during his life without any the Bishops Visitation and the same Visitation to be at the only costs and charges of the Visitors and not of the Hospital Ordinary CCCLIII 14 Eliz. 5. § 30. N. 4. And that it shall be lawful to the Bishop of the Diocess for the time being where such Hospital is or shall be or his Chancellor upon complaint or other intelligence of just cause to take account how the rents revenues and profits of any such Hospital hath been bestowed and spent to call before him or them at the said Hospital to account all such person and persons as have had the Collection or receit of any the said Rents Issues Revenues or profits Account CCCLIV. 14 Eliz. 5. § 30. N. 5. And if any person or persons so called shall and do refuse to account or entring into account shall refuse to proceed and finish the same or upon finishing thereof shall refuse forthwith to imploy or answer to the use of the said Hospital such summ or summs of mony as upon the same account shall appear to be due by him that then every such person and persons so refusing shall forfeit and loose such summ and summs of mony as to the said Bishop or Chancellor and to two Justices of the Peace next Inhabiting to the said Hospital shall be thought meet and convenient Account CCCLV. 14 Eliz. 5. § 30. N. 6. To which accounts the said Bishop or Chancellor shall call the same two Justices of the Peace Ouster le mere CCCLVI. 14 Eliz. 5. § 31. N. 1. Provided also and be it further Enacted c. that no person or persons having charge of any Voyage in passing to the Realm of
Ireland or from the Isle of man into this Realm of England do from the last day of June next comming wittingly or willingly transport bring carry or convey or suffer to be transported brought carried or conveyed in any Ship Picard Vessel Boat or Boats from and out of the said Realm of Ireland or from or out of the said Isle of Man into the Realm of England or Wales or any part thereof any Vagabond Rogue or Begger or any such as shall be forced or very like to live by Begging within the Realms of England or Wales being born in the Realm of Ireland or in the said Isle of Man Ouster le mere CCCLVII 14 Eliz. 5. § 31. N. 2. On pain of every such person or persons so bringing transporting carrying or conveying either suffering to be brought transported carryed and conveyed in manner and form aforesaid to forfeit and lose for every such Vagabond Rogue Begger or other person which shall be forced or like to live by begging within this Realm of England or Wales being transported and set on Land in any part of England or of Wales 20 s. of lawful English mony to the use of the Poor of the same Parish in which they were set on Land Seisure CCCLVIII 14 Eliz. 5. § 31. N. 3. To be levyed by the Collectors of the same Poor for the time being by seisure and selling of any the Goods and Chattels of the same person which shall so bring transport carry or convey any such Rogue Vagabond or Begger or other person which shall be forced or like to live by Begging within the Realm of England or of Wales to the value of the same forfeiture Vagabond CCCLIX 14 Eliz. 5. § 31. N. 4. And on the pain of the same Vagabonds Rogues and Beggers so set on Land to be punished as the other Vagabonds and sturdy Beggers in this Act before mentioned and declared Ireland CCCLX 14 Eliz. 5. § 32. N. 1. And be it likewise Enacted if any such Maniske or Irish Rogue Vagabond or Begger been already or shall at any time hereafter be set on Land in any part of England or of Wales the same shall be conveyed to the next Port in or near which they were Landed and from thence be transported at the Common charge of the County where they were set on Land into those parts from whence they came or were transported CCCLXI. 14 Eliz. 5. § 33. N. 1. Also be it provided Taxes that if any manner of person shall hereafter find him or her self grieved with any Taxation set upon them by vertue of this Act it shall be lawful for them at the next General Sessions of the Peace to be holden within the same Shire where their Taxation shall be to make complaint thereof to the Justices o the Bench and to be eased of their excessive charge by the discretion of the whole Bench or the most part of them CCCLXII 14 Eliz. 5. § 33. N. 2. And if any default shall be hereafter found in any Justices of the Peace or Quorum Justices in or about the Execution of this Act every of the said Justices upon proof of the said default by two sufficient Witnesses before the Justices of Assize at the next General Sessions of Goal delivery for the same County after the same default shall forfeit and lose 5 l. c. The one half whereof to be to the use of the said Poor people of the same County and the other half to the Queens Majesty which said forfeiture shall be levyed by distress by discretion of the said Justices of Assizes CCCLXIII 14 Eliz. 5. § 34. N. 1. And whereas a great number of Poor and diseased people do resort to the City of Bath Pasport in the County of Somerset and the Town of Buckstone in the County of Derby for some ease and relief of their diseases at the Baths there and by means thereof the Inhabitants of the same City of Bath and Town of Buckstone are greatly overcharged with the same Poor people to their intolerable charge CCCLXIV Be it Enacted Licence c. that no diseased or Impotent Poor person living on Alms at any time after the Feast of Saint Bartholomew the Apostle next coming shall resort or repair from their dwelling places to the said City of Bath and Town of Buckstone or either of them to the Baths there for ease of their grief unless such person be not only Licenced so to do by two Justices of the Peace of the County where such person doth or shall then dwell or remain but also provided for of the Inhabitants of such Hundred Parishes or places from whence they shall be so Licenced to travail of such relief for and towards his maintenance as shall be necessary for the same person for the time of such his abode at the said City of Bath and Town of Buckstone or either of them and return home again as shall be limited by the same Licence upon pain to be reputed punished and used as Vagabonds by the purview of this Statute and that the Inhabitants of the same City and Town shall not in any wise be charged by this Act with the finding or relief of any such Poor people CCCLXV 14 Eliz. 5. § 35. N. 1. And for the better performance of this Charitable Act Hospital it is ordained and established that whereas the late King of Famous Memory King Henry the Eighth his Heirs or Successors or any other person or persons heretofore by his or their several and lawful Erections and foundations hath or have ordained or appointed any summ or summs of mony rents reliefs or Commodity to the use of the Poor or for the repairing or mending of High-ways or Bridges not being taken away otherwise by Act of Parliament whether the same be in any Cathedral Church Colledge or elsewhere CCCLXVI 14 Eliz. 5. § 35. N. 2. That the Bishop of the Diocess Justices or his Chancellor within which the said Cathedral Church Colledge or place is And the Justices of Peace of the County within the which the said Cathedral Church Colledge or place is or three of them whereof one to be of the Quorum shall have Authority from time to time to examine how and after what manner the said Mony Rent Relief or Commodity is bestowed and to call to account the parties which do detain the said mony rents or relief and thereupon to take such order for the distribution of the same as to their discretions shall seem most fit and agreable to the good intent of the Founders Givers or Granters and thereof to make Certificate in the High-Court of Chancery once in every year Lambert 361. Imprisonment CCCLXVII 14 Eliz. 5. § 36. N. 1. Provided always that whereas by reason of this Act the common Goals of every Shire within this Realm are likely to be greatly pestered with a more number of Prisoners than heretofore hath been for
Wife And that it was not intended that they should seize burn or deface any Books of the Husbands though Popish unless such whereby the Wife might be aided or confirmed in her Superstition So that in this Case Books written in a language or stile unintelligible to the Wife are not within the meaning of 3 Jac. 5. § 26. N. 2. nor ought by colour thereof to be taken from the Husband who is no Popish Recusant LXXX The Laws c. 238. Abr. 255. Ware In the same County where such Popish recusant shall be resident 3 Jac. 5. § 27. N. 1. A Popish Recusant lives in one County and his Arms are kept in another County by one who is no Popish Recusant such Arms cannot be seized by force of this Act by the Justices of Peace of either County Not by the Justices of Peace of the County where the Arms are kept for the seizure or taking is here limited to be by Warrant at the Sessions in the County where the Recusant resides and 3 Jac. 5. § 27. N. 1. must be strictly pursued in that particular Nor by the Justices of Peace of the County where the resident is Recusant for the Arms are in another County where they have nothing to do And also in some Cases where a Statute appoints a Justice of Peace to do a thing he may do it out of his County Justices as to take an Examination upon the Statute of Winton 13. Ed. 1. Stat. 2 cap. 1. N. of a Robery 27 Eliz. 13. § 11. N. 2. as was resolved 1 Cr. 213. Jones 239. Helier vers H. of Benburst yet he cannot Exercise any coercive Power out of his County as was resolved in that Case for his Potestas Jurisdictionis is confined to his Couâ—ty as well as that of a Bishop is confined to his Dioces See Palmer 473. Ascuiths Case Infra 266. N. 2. And here the taking Recusants Armor is a coercive Act and therefore by 3 Jac. 5. § 27. N. 1. can be Executed by warrant of the five Justices of Peace in that County only where they are Justices so that this is clearly Casus omissus and not provided for by this Act. LXXXI The Laws c. 238. Abr. 256. Imprisonment Imprisoned by warrant of or from any Justices of Peace 3 Jac. 5. § 28. N. 1. Any two Justices may grant their Warrant for imprisoning the Offender and 't is sufficient in this Case for Pluralis numerus ect duobus contentus but a Warrant from any one Justice will not serve contrary to Wingate Crown 145. LXXXII The Laws c. 238. 239. Abr. 257. Of such County Lieu. 3 Jac. 5. § 28. N. 1. That is of the County where the Popish Recusant is resident for no other County was named before A Popish Recusant lives in one County and his Arms are kept in another County by one who is no Popish Recusant the Justices of Peace of that other County cannot by force of this Act 3 Jac. 5. § 28. N. 1. imprison him that keeps them for they are not named here but the Power in this Case is expresly limited to other Justices and no other can intermeddle therein Neither will the Warrant of the Justices of Peace of the County where the Recusant is resident reach him who is in another County for the coercive Authority of a Justice of Peace cannot exceed his limits or bounds as Com. 37. is held in the Sheriffs of Londons Case And therefore in the Case of the Lord Say it was resolved That if a Justice of Peace of the County where the Felony was committed pursue a Felon into another County and take him there the Felon must be imprisoned in the County where he is taken and the Justice of Peace who pursued him hath no Power to carry him to the Goal of the County where he did the Felony for he is a Prisoner in the County where he was taken and there the Justice of Peace hath no more Power to do then an ordinary person 13 Ed. 4. 8. Fresh Suit Br. 3. So that as it seems in this Case the Party who keeps such Arms cannot be imprisoned by 3 Jac. 5. § 28. N. 1. but this likewise is Casus omissus and not here provided for Oath 7 Jac. 6. of Allegiance LXXXIII The Laws c 243. upon 7 Jac. 6. § 8. N. 1. The King cannot dispence with any Member of the Commons House of Parliament from taking this Oath of Allegiance for that he is here declared to be Persona inhabilis untill he take it Vaughan 355. Thomas and Sorrel Supra and 3 Inst 154. Justices LXXXIV The Laws c. 246. For any two Justices of Peace within any County City or Town Corporate c. 7 Jac. 6. § 26. N. 2. the two Justices may require this Oath of any person that shall happen to be within their Jurisdiction although his habitation be in another County or Liberty for the Oath of Allegiance Sequitur personam non locum 2 Bulstr 155. The King against Griffith c. Oath LXXXV The Laws c. 246. Abr. 260. To require any person or persons 7 Jac. 6. § 26. N. 2. This is an Enlargement of the Power given to two Justices of Peace by 3 Jac. 4. § 13. N. 4. for thereby they could have required the Oath but only in some particular Cases Supra But by 7 Jac. 6. § 26. N. 2. They may require it of any person whatsoever of competent Age and under the degree of a Baron or Baroness The Justices of the Peace in this Case 7 Jac. 6. § 26. N. 2. or the Justice of Peace in the following Case 7 Jac. 6. § 26. N. 4. may make his or their special Warrant to the Constable to bring the party before the said Justice or Justices to take the Oath for 7 Jac. 6. § 26 N. 2. by giving them Power to require the Oath doth implicitly authorize them to make such a Warrant Quando lex aliquid alicui concedit concedere videtur id sine quo res ipsa esse non potest and it is against the Office of the Justices of Peace and the Authority hereby given them to go and seek the Party 12 Co. 130. But the Constable cannot by vertue of such Warrant break the House where the Party is for he is no Offender before he refuse the Oath or commit some contempt to the King Endictment LXXXVI The Laws c. 247. Abr. 263. Shall stand and be Presented Indicted or Convicted 7 Jac. 6. § 26. N. 4. These words being in the Disjunctive it is not necessary that the party be convicted but if he stand Presented or Indicted for not coming to Church or not receiving the Sacrament and be under the degree of a Baron the Justice of Peace ought to tender him this Oath Intendment LXXXVII The Lands c. 247. 248. Abr 264. And the said Iustice shall find cause of Suspition 7 Iac. 6.
for the party Complainant as of the Default or Defaults of the said Iustices Sheriff or under Sheriff in this behalf supposed to be directed to sufficient and indifferent persons at the nomination and by the direction of the Chancellor of the Realm of England § 1. N. 9. And that the said Commissioners presently shall return into the Chancery the Enquests and matters before them Return in this behalf taken and found § 1. N. 10. And moreover that the Coroners of the same County for the time being Enquest in which Country such Riot Assembly and Rout shall be made shall make the Pannel upon the said Commission returnable for the time that the Sheriff so supposed in default shall continue in his Office Enquest Which Coroners shall return no persons § 1. N. 11. but only such which have Lands Tenements or Rents to the value of ten pounds by the year at least Coron And also that the same Coroners shall return upon every of the said persons impanelled at the first day when Issues be to be left 20 s. at least § 1. N. 12. and at the second day 40 s. at least and at the third day 100 s at least and at every day after the double at the least which Issues so returned in respect of nonappearances of such persons Impanelled shall be adjudged as forfeit to the King and Lyable to his use Return And if default be found in the said Coroners § 1. N. 13. touching the returne of such persons to be Impanelled or touching the return of such Issues as afore is said that every of them shall forfeit to the Kings use Forty pounds Sheriff And if it happen the said Sheriff so reputed in default § 1. N. 14. be discharged of his Office at the time that such Commission shall be awarded out of the Chancery that then the new Sheriff of the same County his Successor mediat or immediat for the time being and not the Coroners of the same County shall make the Pannel upon this Commission retornable in manner and form as the said Coroners should do in time when the Sheriff so reputed in default Continued in his Office Sheriff And that the same new Sheriff § 1. N. 15. shall incur like pain of Forty pounds to the King if any default in him be found touching the returne of other person by him Impannelled which have not Lands Tenements or Rents to the valve of Ten pounds by the Year or of returning such Issues which the Coroners be above charged to return as the said Coroners are to lose to the King in this behalf Chancery And that the Chancellour of England § 1. N. 16. for the time being as soon as he may have knowledge of such Riot Assembly or Rout shall cause to be sent the Kings Writ to the Iustices of the Peace and to the Sheriff or under Sheriff of the County where they be so made that they shall put the Statute viz. 13 H. 4. Cap. 7. in Execution upon the pain Contained in the same Execution And though that such Writ come not to the said Iustices § 1. N. 17. Sheriff or under Sheriff they shall not be excused of the pain aforesaid if they make not Execution of the said Statute viz. 13. H. 4. Cap. 7. Fees Provided alwayes that the said Iustices § 2. N. 1. and other Officers aforesaid shall execute their offices aforesaid at the Kings costs in going and Continuing in doing their said Offices by payment thereof to be made by the Sheriff of the same County for the time being by Indenture betwixt the Sheriff and the said Iustices and other Officers aforesaid to be made of the payment aforesaid whereof the said Sheriff upon his account in the Exchequer may have due allowance Riot And that such Rioters attainted of great and hainous Riots shall have one whole years Imprisonment at the least without being let out of Prison by Bayl Mainprise or in other manner § 2. N. 2. during the year aforesaid Imprisonment And that the Rioters attainted of pety Riots § 2. N. 3. shall have Imprisonment as best shall seem meet to the King or to his Counsel Americament And that the Fines of such Rioters attainted § 2. N. 4. shall be by the said Iustices increased and put to greater sums then they were wont to be put in such cases before the time in aid and Supportation of the Iustices and other Officers aforesaid in this behalf Process And that the Kings Leige people being sufficient to Travel in the County where such Routs Assemblies or Riots be § 2. N. 5. shall be Assistant to the Iustices Commissioners and Sheriff or under Sheriff in aid to resist such Riots Routs and Assemblies upon pain of Imprisonment and to make Fine and Ransom to the King Franchise And that the Bayliffs of Franchises shall cause to be Impannelled sufficient persons as before § 2. N. 6. upon pain to loose to the King Forty pounds in case that such sufficient persons may be found within the same Franchises § 2. N. 7. And that like Ordinances and payments shall hold place and take effect in Cities Burroughs and other places and Towns Corporation Infranchised which have Iustices of the Peace within the Cities Burroughs Towns and other places aforesaid § 2. N. 8. And that this Statute shall begin to hold place presently after the Proclamation thereof made Dayes Cap. 9. § 2. N. 1. Provided alwayes that the suggestions of such Riots viz. by persons fled to places unknown be testified to the Chancellor of England Riot by Letters sealed under the Seals of two Iustices of Peace at the least and the Sheriff of the County where such Riots shall be made before that the Writ of Capias be granted 8 H. 6. Cap. 14. § 2. N. 1. 2 H. 5. St. 2. p. 217. Our Lord the King at his Parliament holden at Westminster the Monday next after the Utas of St. Martin the second year of his Reign Parliament by the Advice and Assent of the Lords Spiritual and Temporal and at the special Instance and request of the Commons of his Realm then there Assembled hath ordained and established divers Ordinances and Statutes in the manner and form as followeth Cap. 1. First Justices that the Iustices of the Peace from henceforth to be made within the Counties of England shall be made of most sufficient persons dwelling in the same Counties by the advice of the Chancellor and of the Kings Counsel without taking other persons dwelling in Forraign Counties to execute such Office except the Lords and the Iustices of Assises now named and to be named by the King and his Counsel and except all the Kings cheif Stewards of the Lands and Seigniories of the Dutchy of Lancaster in the North parts and in the
the time being shall have power to put other discreet persons learned in the Law in such Commissions though they have not Lands or Tenements to the value aforesaid by his Discretion War And if it be found by Enquiry before Iustices of Peace and proved C. 19. § 2. N. 5. that they viz. Souldiers have so mustred of Record and departed from their Captains aforesaid viz. within the term of retainer without Licence as afore is said viz. under Seal of Captain for Sicknes c. that then they shall be punished as Felons Sheriffs And that the Iustices of Assises in their Sessions 23 H. 6. C. 10. § 2. N. 13. c. and Iustices of Peace in their County shall have power to enquire hear and determin of Office without special Commission of and upon all them viz. Sheriffs Bailiffs Coroners c. that do contrary to these Ordinances in any Article or point of the same Fees And the Iustices of the Kings Bench and of the Common-place C. 11. § 3. N. 1. Iustices of Assises and Goal-delivery and Iustices of Peace in every County shall have power to enquire hear and determin of all the said Defaults as well by Enquiry at the Kings Suit as by Action at the Suit of the Parties viz. for undue levying of Wages of Knights of Shires of Parliament Attorney And if any Person or Persons usurp 33 H. 6. C. 7. § 3. N. 8. or presume to be Atturneys in Courts of Record in the said Counties viz. of Norfolk or Suffolk or City viz. of Norwich otherwise then before is specified viz. by Election of the Justices c. and that found by Enquisition taken before the Iustices of Peace in the said City or Counties which shall have power by Virtue of this Ordinance to enquire thereof in their Sessions or in any other manner lawfully proved that then he or they that so presume if they be thereof lawfully Convict shall forfeit twenty pounds c. Statuta Ed. 4. Sheriffs BVT that the said Sheriffs and their Vnder Sheriffs 1 Ed. 4. C. 2. § 3. N. 4. Clerks or Bailiffs and their Ministers shall bring present and deliver all such Indictments viz. of Felony Trespass c. or Presentments taken before them or any of them in their Towns or Law-days aforesaid to the Iustices of Peace at their next Sessions of the Peace that shall be holden in the County or Counties where such Indictments and Presentments shall be taken before the Iustices of such County or Counties for the time being Indictments And that the said Iustices of Peace shall have Power and Authority to Award Process upon all such Indictments as the Law doth require § 3. N. 6. and in like form as if the said Indictments and Presentments were taken before the said Iustices of Peace in the said County or Counties and also to Arraign and deliver all such Person or Persons so Indicted and Presented before the said Sheriffs Vnder Sheriffs their Clerks Bailiffs and their Ministers or any of them in their Towns or Law-days Amercement And all such Person or Persons which be Indicted or Presented of Trespass § 3. N. 7. shall make such a Fine as shall seem lawful by their Discretions Drapery And that every Iustice of Peace for the time being of every County of this Realm throughout the same County out of Cities 4 Ed. 4. C. ◠§ 6. N. ◠Boroughs and Towns where any Mayor Master Warden Bailiff or Bailiffs is or be and shall have Power and Authority by this Ordinance to hear and determin the Complaints of every such Cloath-maker and Labourer as well for Non-paymnt of the said Labourers wages as of the said Forfeiture and Dam ageseby due Examination of the Parties in this behalf thereupon for nonpayment of the said Duties and Forfeiture and for the said Damages to comit the said Offenders in this behalf to the next Goal within the same County there to remain till the said Duties Forfeitures and Damages be fully paid to the said Labourer or Cloath-maker § 6. N. 4. And also that every of the said Iustices of Peace Justices c. upon the Information or Complaint of any other Person which is not grieved in this behalf shall have power by the said Authority within his Iurisdiction to cause the Party to come before him against whom such Information or Complaint shall be made for Offending this Ordinance and to examin him in and upon the matter contained in the same Information or Complaint § 6. N. 6. And that every of the said Iustices of Peace Process c. within his Iurisdiction upon every of the said Informations or Complaints shall have full power to make like Process against the Party upon whom any such Information or Complaint as before is rehersed shall be made to cause him personally to appear before him thereupon to be examined as Iustices of Peace have upon Information or Complaint made to them for surety of the Peace without any Fee or Reward to be taken or had by any of the said Iustices c. 12 Ed. 4. C. 9. § 6. N. 14. And the Iustices of Peace in every place Corporate Corporation and the Iustices of Peace in every other place having Iustices of Peace within them shall have power to hear and determin every such Forfeiture viz. of Escheator not having twenty pound a year or Letting to Farm c. upon Presentment thereof had before them in their Sessions § 6. N. 15. In which Presentment like Process shall be had as is used upon Indictments of Trespass Process done with Force and Arms against the Kings Peace 17 Ed. 4. C. 4. § 1. N. 13. And also that the Iustices of Peace for the time being within any County of this Realm and every of them shall have full power to enquire Masons hear and determin by their discretions as well by Examination or otherwise the Defaults Offences and Trespasses which shall happen to be comitted contrary to this Ordinance viz. of Tile-makers as well at the Kings Suit as at the Parties which shall fell himself greived in that behalf § 1. N. 14. And if it be found or may appear Justices to the Iustices of Peace or any of them by Examination or otherwise by their Discretion that any Person or Persons hath offended contrary to this Ordinance that then the same Iustices before whom it shall be found or appear shall assess upon the Offenders in this behalf no less Fine than for every M. of plain-Tile set to sale contrary to this Ordinance V s. and for every C. of Roof-tile VI s. VIII d. and for every C. of Corner-tile or Gutter-tile II s. sold contrary to this Ordinance c. § 1. N. 15. And that the same Iustices shall have full power to call before them or any of them at any time and place
or Steward in his Leet or by examination had afore the said Iustices of Peace that Process be made upon the same as upon Indictment of Trespass against the Kings Peace 19 H. 7. cap. 12. § 2. N. 4. § 1. N. 15. And that the said Misdoer be admitted to no Fine under the Sum of 6 s. 8 d. 19 H. 7. cap. 12. § 2. N. 4. Amercement § 1. N. 16. And that it be lawful to two of the Iustices of the Peace Justices whereof one shall be of the Quorum within their authority to reject and put away common Ale selling in Towns and Places where they shall think convenient 19 H. 7. cap. 12. § 2. N. 5. § 1. N. 17. And to take surety of Keepers of Ale-houses Ale of their good behaviour by the discretion of the said Iustices and in the same to be advised and agreed at the time of their Sessions 19 H. 7. Cap. 12. § 2. N. 6. Cap. 3. The King our Soveraign Lord calling to his remembrance Riot that many good Statutes and Ordinances be made for the punishment of Riots unlawful Assemblies Retainers and giving and receiving of Liveries Signs and Tokens unlawfully Extortions Maintenance Imbracery excessive taking of Wages contrary to the Statute of Laborers and Artificers viz. 23 Ed. 3. cap. 1. the use of unlawful Games inordinate Apparel and many other great inconveniencies and offences which been committed and done daily contrary to the good Statutes for many and divers behooful considerations severally made and ordained to the high displeasure of Almighty God and the great let of the Common Law and Weal of this Land notwithstanding generally by the Iustices of the Peace in every Shire within this Realm in the open Sessions is given in charge to inquire of many Offences committed contrary to divers of the said Statutes and divers inquests thereupon there straitly sworn and charged before the said Iustices to inquire of the premises and therein to present the Truth which is letted to be found by embracery maintenance corruption and favour by occasion whereof the said Statutes be not nor cannot be put in due execution 1 H. 8. Cap. 6. § 1. N. 2. For reformation whereof Enquest for so much that before this time the said Offences Extortions Contempts and other the premises might not nor as yet may be conveniently punished by the due order of the Law except it were first found and presented by the verdict of twelve Men thereto duly sworn which for the causes afore rehearsed will not find nor yet present the truth 3 H. 7. Cap. 1. § 1. N. 2. § 1. N. 3. Wherefore be it by the advice and assent of the Lords Spiritual and Temparal and the Commons in this present Parliament assembled Justices and by authority of the same Enacted Ordained and Stablished that from henceforth as well the Iustices of the Assize in the open Sessions to be holden afore them as the Iustices of Peace in every County of the said Realm upon Information for the King before them to be made have full power and authority by their discretion to hear and determine all Offences and Contempts committed and done by any person or persons against the form ordinance or effort of any Statute made and not repealed 1 H. 8. Cap 6. § 1. N. 4. And that the said Iustices upon the said Information Process shall have full power and authority to award and make like Process against the said Offenders and every of them as they should or might make against such person or persons as been presented and indicted before them of Trespass done contrary to the Kings Peace and the said Offender and Offenders duly to punish according to the purport form and effect of the said Statutes § 1. N. 5. Also be it Enacted by the said authority Information that the person which shall give the said Information for the King shall by the discretion of the said Iustices content and pay to the said person or persons against whom the said Information shall be so given his reasonable costs and damages in that behalf sustained if that it be tried or found against him that so giveth or maketh any such Information 11 H. 7. Cap. 7. § 1. N. 18. § 1. N. 6. Provided alway that any such Information extend not to Treason Treason Murder or Felony nor to any other Offence wherefore any person shall lose Life or Member nevertheless by nor upon the same Information any Lands Tenements Goods and Chattels to the Party making the same Information Lieu. Provided also that the said Information shall not extend to any Person dwelling in another Shire than there § 1. N. 7 as the said Information shall be given or made Franchise Saving to every Person and Persons Cities and Towns § 1. N. 8. all their Liberties and Franchises to them and every of them of right belonging and appertaining Measures And two Iustices of Peace Ca. 4. § 1. N. 13. whereof one shall be of the Quorum have authority as well by examination as by inquiry to hear and determine the faults of the said Mayors Bailiffs and other Head Officers in that behalf viz. Of Weights and Measures And also of all Buyers and Sellers doing contrary to this present Act and Ordinance and to set Fine and Amercement upon the Offenders by their discretion 34 Ed. 3. Cap. 5. 7 H. 7. Cap. 4. § 1. N 12. Process Be it also ordained c. § 1. N. 16. That the Iustices of Peace abovesaid have authority to make like Process against all Persons found as is abovesaid defective and for such Fines and Amercements as upon them shall be assess'd as if they were Indicted afore them for breaking of the Kings Peace Riot Prayen the Commons of this our Land in this present Parliament assembled Cap 7. that where for the great rest and tranquility of your said Commons true Liege-men and Subjects inhabited in this your Realm divers and many good Statutes Acts and Ordinances have been made in times past ordained and stablished to subdue and punish Riots for the unlawful raising and leading of People Riots Routs and other unlawful assemblies whereby many evil Deeds Ieoperdies Perils Fear and Dread to your Subjects have grown and thereupon great Penalties set upon the said Rioters and Offenders as in divers remembred Statutes Acts and Ordinances in the days of your noble Progenitors at several times made ordained and provided more at large doth and may appear Franchise Yet the same Acts notwithstanding some Persons not dreading God § 1. N. 2. their Soveraign Lord nor the punishment of the Laws made and had in this behalf oft times as well by colour of such Offices as they have obtained as Receivers Stewards and Bailiffs of Lordships and other Officers as by peny Reteiners by Oath Promise Covenant and otherwise
discretion of the same Iustice C. 6. § 1. N. 15. And over this the Iustices of Peace within every Shire at their general Sessions holden at Michaelmas Mettle shall assign and appoint two certain Persons having experience therein viz. in deceitful Pewter and Brass c. to make search in the Premises in every part of that Shire as well within the Franchise as without saving in Cities and Boroughs where Searchers be appointed by the Heads and Governours of the same C. 11. § 1. N. 9. And that the Iustices of Peace in their Sessions shall have Authority to take before them any Person suspected of the Premises Forest viz. Of Dear-hayes Buckstails or taking of Herons and by their discretion to examine them in the premises § 1. N. 11. And that these Iustices Justices that so examine them shall have the tenth part of every such forfeiture for their Labour in that behalf Ca. 12. § 2. N. 8. Furthermore be it enacted by the said Authority Poor that Iustices of the Peace or two of them at the least within their Shires and every Mayor Sheriff and Bailiff within their Cities Towns and Boroughs shall have full power and authority to make four times in the year that is to say every quarter once or ofter as by their Discretion shall be thought necessary throughout all their Shire a due and a diligent secret search and if they or any of them find by reason of the said Search any of the said mis-ruled Persons viz. Vagabonds c. the said misruled Persons so found to have like punishment and correction as is aforesaid Viz. at discretion Riot Whereas in the Parliament holden at Westminster the Tuesday the morrow next after All Souls Cap. 13. 13th year of the reign of King Henry the fourth viz. 13. H. 4. Cap. 7. Among other things it was Enacted Ordained and Established that if any Riot Assembly or Rout of People against the Law were made in any part of the Realm that the Iustices of the Peace three or two of them at the least and the Sheriff or Vnder-Sheriff of the County where such Riot Assembly or Rout should be done after the same Statute should come with the power of the Shire if need should be to arrest them and them should arrest 2 H. 5. Cap. 8. Records And viz. 13 H. 4 Cap. 7. § 1. N. 2. § 1. N. 2. the same Iustices and Sheriff or Vnder-Sheriff should have power to record that that they should find so done in their presence against the Law 2 Hen. 5. Cap. 8. § 1. N. 2. Process And viz. 13 H. 4. Cap. 7. § 1. N. 3. § 1. N. 3. that by the Record of the same Iustices and Sheriff or Vnder-Sheriff the same Trespassers and Misdoers should be convicted in manner and form as it is contained in the Statute viz. 5 R. 2. Cap. 7. § 1. N. 3. 15 R. 2. § 1. N. 3. Of Forcible Entries with divers and many other Articles touching and concerning the Premises as in the same Statute made the said thirteenth year viz. 13. H. 4. Cap. 7. more plainly at large it appeareth 2 H. 5. Cap. 8. § 1. N. 2. Riot Which Statute viz. 13 H. 4. Cap. 7. is thought good and necessary § 1. N. 4. wherefore by the advice and assent of the Lords Spiritual and Temporal and the Commons in this present Parliament assembled and by the Authority of the same be it therefore ordained established and enacted that the said Act made in the said thirteenth year of King Henry the fourth Viz. 13 H. 4. Cap. 7. concerning Riots Assemblies and Routs of people and all and every Article and Articles comprised in the same and also all other Statutes viz. 2 H. 5. Cap. 8. c. before this time made concerning the punishment of Rioters at the time of making this Act being in force from henceforth stand in their force and be duly put in execution after the tenors and purports of the same Enquest And for as much as in the said Statute made in the said thirteenth year viz. 13 H. 4. Cap. 7. § 1. N. 5. It is not expressed of what sufficiency the Iurors impanelled should be or what Issues they should lose if they appear not nor no mention thereon made of any punishment of the Maintainers and Embracers of the Iurors that so shall be Impanelled should have for their misdemeanors if any be Ability It is therefore furthermore Enacted by the said Authority in this present Parliament That if any Riot Rout § 1. N. 6. or unlawful Assembly be committed and done at any time after the first day of May next coming within this Realm of England that the Sheriff having a Precept directed to him shall return one and twenty Persons dwelling within the Shire where such Riot Rout or unlawful Assembly shall be so committed and done whereof every of them shall have Lands and Tenements within the same Shire to the yearly value of twenty shillings Charter land or Free-hold or twenty six shillings and eight pence of Copyhold of both over and above all charges for to inquire of the said Riot Rout or unlawful Assembly Return And shall return upon every Person so by him impanelled in Issues § 1. N. 7. at the first day twenty shillings and at the second day forty shillings if they appear not and be sworn to enquire of the premises at the first day Sheriff And if default be in the Sheriff or Vnder-Sheriff § 1. N. 8. for returning of other Persons not being of the said sufficiency or return not Issues in form aforesaid that then the said Sheriff shall forfeit to our Sovereign Lord the King for either default therein twenty pound Riot And if the said Riot Rout § 1. N. 9. or unlawful Assembly be not found by the said Iury by reason of any Maintenance or Embracery of the said Iurors then the same Iustices and Sheriff or Vnder-Sheriff over and above all such Certificate that they must and be bound to make according to the said Statute made the said thirteenth year viz. 13 H. 4. Cap. 7. § 2. N. 1 shall in the same Certificate certifie the names of the Maintainers and Embracers in that behalf if any be with their misdemeaners that they know upon pain of every of the said Iustices and Sheriff or Vnder Sheriff to forfeit 20 l. if the same Iustices and Sheriff or Vnder Sheriff have no reasonable Excuse for not certifying the same § 1. N. 10. Which Certificate so made shall be of like force and effect in the Law Certificate as if the matter contained in the same were duly found by the Verdict of twelve men § 1. N. 11. And every Person duly proved to be a Maintainer or Embracer of the same shall forfeit to our said Soveraign Lord Maintainers 20 l. and as well the
according to the Tenor and Effect of this Act. Coron And that Iustices of Peace shall have Power and Authority within the limits of their Commissions and Iurisdiction 25 H. 8. C. 6. § 1. N. 5. to hear and determine the said Offence viz. of Buggery with Mankind or Beast as they do use to do in Cases of other Felonies Fowle And be it Enacted C. 11. § 3. N. ◠c. that all Iustices of the Peace within the limits of their Commissions shall have Power and Authority to inquire hear and determine the Offences aforesaid viz. taking Wild-fowle with Nets between the last of May and the last of August or their Eggs c. like as they commonly use to do in Cases of Tresspass Cattel And it is further Enacted C. 13. § 5. N. 1. that the Iustices of Peace of every Shire shall have Power and Authority to inquire of the Offenders of this Act viz. keeping above two thousand Sheep as well by the Oaths of twelve men as by Information of any of the Kings Subjects and to make such like Process upon every Presentment or Information concerning this Act as they use commonly to do upon Presentments before them of Trespass Bayl. Or else in their viz. the Ordinary's default if they refuse C. 14. § 8. N. 2. c. viz. to Bail an Heretick then by discretion of two Iustices of Peace of that Shire where such persons so accused or presented shall inhabit by four sufficient Sureties to be bounden to the Kings use by Obligation or Recognizance to appear before the Ordinaries at such days c. as shall be limited in the said Bonds c. Sewers And that the Kings Iustices of Peace within every of the said Counties of Glocester and Sommerset at their Quarter Sessions 26 H. 8. 5. § 2. N. 1. shall have full Power and Authority to call before them all such persons which hereafter shall keep any of the said Passages or any other Ferry or Passage over the said Water viz. the Severn into Wales or the said Forest viz. of Dean or out of Wales or the said Forest into England and to bind them with sufficient Sureties with them in Recognizance in such sums of mony as it shall seem to the discretion of the said Iustices of Peace that they and every of them being Passengers and Keepers of Ferries and Passages as is aforesaid from henceforth shall not after the said times before limited and appointed viz. beeween Sun setting and Sun-rising convey or carry or cause to be conveyed or carried any manner of person or persons or any kind of Cattel but such persons as they do know and will answer for and know where their Abidings Dwellings and Habitations be and upon request made to them or any of them as is aforesaid shall from time to time disclose as well the same person or persons as the Goods and Cattels so passing the said Passages upon fresh suit made or hereafter to be made upon any Felony Murder or Robbery committed and done in the Borders of the Counties aforesaid or in any other place within this Realm or South-Wales Behavior Be it therefore Enacted 26 H 8. C. 12. § 4. N. 1. c. that every such person and persons within such Orders of Sub-Deacon or above being convict of any pety Treason or of any Murder of Malice prepensed or of any the said Felonies above rehearsed viz. 23 H. 8. 1. § 4. N. 2. or of any accessary to pety Treason c. before any Lord Marcher Steward Lieutenant Deputy or other Iustice or Officer within Wales or within any other place City Town Honour Lordship or Mannor within the Kings Dominion where no Iustices of the Peace and of the Quorum be and thereupon the same Convict admitted unto his Clergy that the same person or persons so being within such holy Orders and Convict c. and delivered unto the Ordinary as Clerk Convict for the same shall or may find two Sureties by Recognizance for his good abearing before two of the Kings Iustices of Peace whereof one to be of the Quorum in the Shire where the said Convict is or shall be kept in the Ordinaries Prison if the same Prison be within the Shire-ground where Iustices of the Peace and of the Quorum be or else before two of the Kings Iustices of Peace whereof one to be of the Quorum in the next Shire adjoyning unto the same Prison 27 H. 8. C. 5. § 1. N. 2. For redress and amputation whereof viz. Of the Increase of Robberies Coron c. and to the intent that one Order of ministring his Laws should be had c. as in other places of this Realm of England c. It is Ordained c. That the Lord Chancellor of England or the Lord Keeper of the Great Seal for the time being from time to time and all times shall have full power and authority by his discretion to nominate and appoint Iustices of the Peace Iustices of the Quorum and Iustices of Goal delivery in the said Counties of Chester Flint Anglesey Caernarvan Pembroke and Glamorgan by Commission under the Kings Great Seal which shall have full power and authority to inquire hear and determin all manner of thing and things inquirable presentable or determinable before Iustices of Peace Iustices of Quorum and Iustices of Goal delivery in other Shires of the Realm of England by force or vertue of any Statute or Statutes made or to be made or by the course of the Common Laws of this Realm C. 16. § 1. N. 2. Or else viz. Bargain and Sale to be inrolled within the same County or Counties where the same Manors Lands Inrolment or Tenements so bargained and sold lie or be before the Custos Rotulorum and two Iustices of the Peace and the Clerk of the Peace of the same County or Counties or two of them at the least whereof the Clerk of the Peace to be one C. 20. § 1. N. 5. And in case the Ordinary of the Diocess or his Commissary Tyths or the Archdeacon or his Official or any other competent Iudge aforesaid viz. in Suit for Subtraction of Tythes for any contempt contumacy or disobedience or other misdemeanour of the party defendant make information and request to any of the Kings most honorable Council or to the Iustices of the Peace of the Shire where such Offender dwelleth to assist and aid the same Ordinary Commissary Arch-Deacon Official or Iudge to order or reform any such Person in any Cause before rehearsed that then he of the Kings said honorable Council or such two Iustices of the Peace whereof one to be of the Quorum to whom such Information or request shall be made shall have full power and authority by vertue of this Act to attach or cause to be attached the Person or Persons against whom the Information or request shall be
made 32 H. 8. cap. 7. § 4. N. 1. § 1. N. 6. And to commit the same Person or Persons to ward Imprisonment there to remain without Bail or Mainprise till that he or they shall have found sufficient Surety to be bound by Recognizance or otherwise before the Kings said Counsellor or Iustice of Peace or any other like Counsellor or Iustice of Peace to the use of our said Soveraign Lord the King to give due obedience to the Process Proceedings Decrees and Sentences of the Ecclesiastical Court of this Realm wherein such Suit or matter for the Premises shall depend or be § 1. N. 7 And that every of the Kings said Counsellors Justices or two Iustices of the Peace whereof the one to be of the Quorum as is aforesaid shall have full power and authority by vertue of this Act to take receive and record Recognizances and Obligations in any of the Causes above-written C. 24. § 2. N. 1. And be it also Enacted c. That no Person or Persons of what estate Deputy degree or condition soever they be c. shall have any power or authority to make any c. Iustices of Peace c. Lambert 25. § 2. N. 2. But that all such Officers and Ministers shall be made by Letters Patents under the Kings Great Seal Patents in the name and by the authority of the Kings Highness and his Heirs Kings of this Realm in all Shires Counties Counties Palatine and other places of this Realm Wales and the Marches of the same or in any other of his Dominions at their pleasure and wills in such manner and form as c. Iustices of the Peace c. commonly made in every Shire of this Realm any Grants Vsages Prescription Allowance Act or Acts of Parliament or aâ— other thing or things to the contrary thereof notwithstanding Indictment And that in every Writ and Indictment § 4. N. 1. that shall be made in any such County Palatine or Liberty c. whereby it shall be supposed any thing to be done against the Kings Peace shall be made and supposed to be done only against the Kings Peace his Heirs and Successors and not against the Peace of any other Person or Persons whatsoever they be any Act of Parliament Grant Custome Vsage or Allowance in Eyre before this time had granted or used to the contrary notwithstanding Franchise Provided alwayes that § 5. N. 1. c. Iustices of Peace to be made and assigned by the Kings Highness within the County Palatine of Lancaster shall be made and ordained by Commission under the Kings usual Seal of Lancaster in manner and form as hath been accustomed any thing in this Act to the contrary thereof notwithstanding Corporation Provided also that all Cities Boroughs § 6. N. 1. and Towns Corporate within this Realm which have liberty power and authority to have Iustices of Peace c. shall still have and enjoy their liberties and authorities in that behalf in such like manner as they have been accustomed without any alteration by occasion of this Act any thing in this Act or in any Article therein contained to the contrary thereof notwithstanding Justices And it is Enacted c. That all such Iustices to be made § 16. N. 1. as is afore rehearsed in this Act shall have authority and power to keep and hold their Sessions of Peace c. from time to time only within the same Liberties and Franchises and in such places and in none other places by reason and authority of that Commission and to do and execute all other things within the same in as ample and large manner as any other Iustices of Peace c. in any Shire within this Realm may do and have authority to do any Act Grant Vse Custome and Allowance heretofore had made or used or any Article in this present Act made to the contrary notwithstanding Franchise Provided alwayes That all and singular Iustices of the Peace § 17. N. 1. c. hereafter to be made named and appointed by the Kings Highness his Heirs and Successors within any Liberty where any such Iustice of Peace c. have been made by any person or persons by virtue or authority of any Letters Patents of the Gift or Grant of our Soveraign Lord the King or his most noble Progenitors Kings of this Realm or otherwise shall sit and keep their Sessions c. only in such place and places as the Iustices of the said Liberties lately have commonly used within the said Liberties Corporation And that no Person or Persons within the said Liberties § 17. N. 2. or any of them shall be hereafter in no wise compelled by authority of this Act to appear out of the said Liberties before any other Iustices c. of the Peace then before such Iustices as shall be named and assigned to sit and be by the Kings Highness his Heirs and Successors within the said Liberties in form aforesaid Cinque Ports Provided always and be it Enacted § 20. N. 1. that Thomas now Bishop of Ely and his Successors Bishops of Ely and their temporal Steward of the Isle of Ely for the time being and every of them shall from henceforth be Iustices of Peace within the said Isle and shall use and exercise all manner of things within the same Isle that appertain or belong to any Iustice of Peace within any County of this Realm of England to do exercise and use by virtue and authority that they be Iustices of Peace in as ample and large manner as any other Iustices of Peace in any County within this Realm have or might do exercise or use any thing or things in this Act contained to the contrary notwithstanding Eccles Persons Provided always and be it Enacted § 21. N. 1. that Cuthbert now Bishop of Durham and his Successors Bishops of Durham and their temporal Chancellor of the County Palatine of Durham for the time being and every of them shall from henceforth be Iustices of the Peace within the said County Palatine of Durham and shall exercise and use all manner of things within the same County Palatine that appertaineth or belongeth to any Iustice of Peace within any County of this Realm of England to do exercise and use by virtue and authority that they be Iustices of Peace in as â—â—â—â—ple and large manner as any other Iustices of Peace in any County within this Realm have or might do exercise or use any thing or things in this Act contained to the contrary notwithstanding § 22. N. 1. Provided alwayes and be it Enacted Justices That Edward now Arch-Bishop of York and his Successors Arch-Bishops of York and their temporal Chancellor of the Shire and Liberty of Hexam otherwise called Hextoldsham for the time being and every of them shall from henceforth be Iustices of Peace within the said Shire
had or made this Act or any thing therein contained to the contrary notwithstanding § 14. N. 1. Provided always and be it Enacted by the Authority abovesaid Days that Iustices of the Peace within any Shire of this Realm of England and Wales shall not be compelled by vertue of this Act to assemble themselves for the Execution of this Act for this present year before the next general Assizes to be holden within every such County before the Feast of St. Michael the Arch-Angel next coming but that they and every of them shall be compelled upon like pain mentioned in this Act to assemble themselves at the said general Assizes for the execution of the same for this present year only according to the Purport Tenor and True meaning of this Act any thing in this Act to the contrary notwithstanding § 15. N. 1. Provided always that this Act nor any therein contained Cinque Ports shall not in any wise extend nor be prejudicial or hurtful to the County Palatine and Dutchy of Lancaster or any Town-Corporate within the same County Palatine and Dutchy having Iustices of the Peace for or concerning the extracting returning certifying or levying of any Issues Fines Forfeitures Amercements or Penalties to be taxed or assessed upon any person or persons in any Sessions to be holden within the said County Palatine and Dutchy of Lancaster or Towns-Corporate parcel of the same Dutchy by vertue of this Act but that the same Issues Fines Forfeitures Amercements and Penalties shall and may be extracted returned certifyed or levyed from time to time in such manner and form to all intents and purposes as they have used to be extracted returned certifyed and levyed at any time before the making of this Act this Act or any thing therin contained to the contrary notwithstanding § 16. N. 1 Provided always and be it Enacted by Authority aforesaid Forfeitures that all Issues Fines Amercements and Forfeitures rising and growing by vertue of this present Act within any of the general Liberties Franchises or Temporal-Iurisdictions which been severally appointed and assigned to the Survey Order and Governance of the King our Soveraign Lords several Courts of the Augmentations of the Revenues of his Crown and of the general Surveyors of the Kings Lands shall be claimed and allowed and also collected and levyed by the Kings Bailiffs or other Officers of the same Liberties Franchises and Iurisdictions for the time being and shall be severally answered to the King in the same several Courts after and according to such sort and order as other Issues Fines Amercements and Forfeitures within the same several Liberties Franchises and Iurisdictions as this present time been or ought to be claimed allowed and answered any thing in this present Act to the contrary notwithstanding Wales Provided always § 17. N. 1. and be it further Enacted by the Authority aforesaid That the Iustices of Peace in every of the Shires in South Wales and North Wales and County Palatine of Chester according to their limitation shall and may certifie all the Estreats by them to be made in manner and form as is aforesaid to and afore such Chamberlain or Chamberlains Chancellor or Chancellors Auditor or Auditors in such place or places as by the Kings Majesty is or hereafter shall be appointed or assigned for hearing and determining of the Sheriffs accounts in every of the said Shires in Wales or County Palatine aforesaid any thing in this Act mentioned to the contrary notwithstanding Franchise Provided always That this Act or any thing therein contained § 18. N. 1. shall not in any wise extend to the County Palatine and County of Durham or to any Town Corporate within the same County Palatine or County having Iustices of Peace for and concerning the extracting returning certifying or leavying of any Issues Fines Forfeitures Amerciaments or Penalties to be assessed or taxed upon any person or persons in any Sessions to be holden within the said County Palatine or County of Durham or within any Town Corporate situate and being within either the said County Palatine or County but that the same Issues Fines Forfeitures Amerciaments or Penalties and every of them may be assessed taxed extracted returned certified and levyed from time to time hereafter in such manner and form to all intents and purposes as they and every of them have been used to be assessed taxed extracted retorned certified and levyed at any time before the making of this Act or should be assessed taxed extracted retorned certified and levyed if this Act had never been had or made this Act or any thing therein contained to the contrary notwithstanding Cinque Ports Provided always and be it Enacted That this Act § 19. N. 1. or any thing therein contained shall not extend to the Barons and Inhabitants of or within the Cinque Ports or their members or to any of them to compel or constrain them or any of them to assemble themselves with any of the Iustices of the Peace out of their said Ports and Members and the liberties of the same or for and concerning the Estreating of Fines Issues Forfeitures and Amerciaments to be set lost or assessed by vertue of this Act within the liberties aforesaid Appearance But that they and every of them shall and may assemble themselves together at such place and places within their liberties for the executing of this Act as to them shall be thought most convenient § 19. N. 2. and to divide themselves after such fashion as they shall think best and most requisite for the executing of this Estatute in this Act mentioned Amercement And may and shall take such Fines Issues Forfeitures § 19. N. 3. and Amerciaments and every of them as shall be set lost and assessed by vertue of this Act in such manner and form and to such uses purposes and intents as they or any of them lawfully should might or ought to have had before the making of this Act this Act or any thing therein contained to the contrary notwithstanding Franchise Provided alway that this Act or any thing therein contained § 20. N. 1. be not at any time hereafter in any wise prejudicial or hurtful to any person or persons Bodies Politick or Corporate to their Heirs or Successors or to the Heirs or Successors of any of them for or concerning any their lawful rights titles interest or claims of in or to any manner of Issues Fines Amerciaments Penalties or other Forfeitures in any wise to be assessed lost and forfeited before any Iustices of Peace at their Sessions hereafter to be holden or kept in any Shires City Borough or Town Corporate within this Realm of England by vertue and authority of this Act. But that every such Person or Persons § 20. N. 2. Bodies Politick and Corporate their Heirs and Successors and the Heirs and Successors of every of them and their lawful deputies
in such behalf shall and may at all times hereafter assesse tax extract return levy claim have and enjoy all manner such Issues Fines Amerciaments Forfeitures and other penalties and every of them to all such uses and purposes and in like manner and form in every behalf as they or any of them have lawfully used to do and have or might have done and had at any time before the making of this present Act by vertue of any Grant to them or any of them heretofore made or granted or otherwise by vertue of any Custom or lawful Vsage thereof heretofore used in every behalf this Act or any therein contained to the contrary notwithstanding § 21. N. 1. 34 35 H. 8. C. 1. § 3. N. 4. This Act to continue to the latter end of the next Parliament Days And Viz. if any Printer c. or any Person Books c. be of any the Offences aforesaid viz. printing uttering or using Books or Religion in Interludes Prohibited c. Convicted by sufficient Witness before any two of the Kings Council or the Ordinary of the Diocess where any such offence shall be committed and two Iustices of the Peace of the same Shire where any such Ordinary shall sit within his Diocess for that purpose c. § 3. N. 5. Shall have for the first time Imprisonment Forfeiture c. for three months and also lose c. 10 l. c. § 19. N. 1. And be it further Enacted That if any Spiritual Person c. Preach Religion Teach Defend and Maintain any Matter c. Contrary to the godly Instructions or determinations which since viz. 1540. is or shall be set forth by his Majesty c. being thereof convicted before the Ordinary of that Diocess within the which the said offence shall be committed and two Iustices of the Peace c. shall before the first time be admitted to recant c. § 25. N. 2. And in case any such Iustices being so required Justices c. viz. by the Ordinary on notice of time and place of sitting c. having convenient and reasonable warning and knowledge in writing from the said Ordinary c. do not come to such place and at such time as shall be so appointed having no lawful and just Impediment to the contrary shall forfeit and lose to the Kings Highness for every such Offence 40 s. to be Estreated c. C. 3. § 1. N. 11. And the said Offender viz. in false measure of Coals Talwood Measures Faggots or Billets c. out of the said City Borough or Town to be punished by the discretion of two Iustices of Peace inhabiting within the Shire where the Offence shall be committed or done C. 14. § 2. N. 1. In Consideration whereof Records Viz. of the Incertainty where to have Records of Justices of Peace Goal-delivery Oyer and Terminer c. Be it Enacted c. that the Clerk of the Crown Clerks of Peace and Clerks of Assize c. where any such Attainder Outlary or Conviction viz. of Murder Robbery or other Felony c. shall so be had shall c. not only certify a Transcript c. before the King c. in his Bench at Westminster in the County of Midlesex there to remain of Record forever c. but also shall deliver a Transcript of every such Indictment whereupon the said person c shall fortune hereafter so to be convicted or Clerks attainted to the Ordinary to whom the body of the said person c. shall be committed § 4. N. 1. And be it Enacted Certificate c. that the said Clerk of the Crown in the Kings Bench c. shall at all such times as the Iustices of Goal-delivery or Iustices of Peace in every County within this Realm of England do write unto him for the names of such persons which be so attainted by Outlawry or Clerks attainted or convict and certified in the said Bench of our said Soveraign Lord the King shall incontinently without delay certify the said Names and Sirnames of the said persons with the Causes why and wherefore they were convict or attainted unto the Iustices of Goal-delivery or Iustices of Peace upon the pain c. to forfeit for every Name of such persons which shall be so written for and not certified by the said Clerk of the Crown in the Kings Bench to the said Iustices forty shillings 35 H. 8. Cap. 5. § 1. N. 6 Or viz. none to be arraigned for Offence against 31 H 8. Cap. 14. § 9. Religion N. 2. c. but on Presentment c. before the Iustices of Peace sitting in their Sessions or three of them at the least C. 17. § 7. N. 2. And if the Lord viz. that would inclose Wood of Common Woods c. and the said Tenants and Inhabitants or the most part of them cannot will not or do not assent consent and agree for and upon the severing dividing setting out meeting and bounding of the said fourth part of the said Woods and Vnder-woods Viz. to be left out c. or of as much thereof as shall amount to the full fourth part thereof that then two Iustices of the Peace not being of the Kin Allyance Council or Fee of or to the said Lord or Owner being thereto appointed by the more number of the Iustices of Peace of the Shire where the said Ground or Soyl lyeth in their open Quarter Sessions upon Request and Suit made unto them by the Lord or Owner or by his or their lawful Depuy or Deputies of the said Woods Vnder-woods Grounds or Soyl shall have full Power and Authority to call before them upon such Pains and Penalties as the said Iustices shall limit and appoint such twelve of the said Commons and Inhabitants nigh unto the same Woods or Vnder-woods as by the discretion of the said two Iustices shall be thought meet and convenient Common And upon or after the appearante of the same Lords Owners § 7. N. 3. Commons and Inhabitants or the most part of them the same Iustices shall open and declare unto the same Lord Owner Commons and Inhabitants the Cause of their Assembly and Appearance and that done shall by the Advise and Assent of the said Lord Owner Commons and Inhabitants or their lawful Deputy or Deputies or the most part of them effectually proceed to the severing dividing meeting and bounding of the said fourth part of the said Woods and Vnder-Woods or of so much thereof as shall amount to the fourth part thereof Justices And if the same Iustices Owners § 7. N. 4. Commons and Inhabitants or the most part of them cannot or will not agree upon the Division c. that then the said Iustices shall have full Power and Authority by this Act to sever divide and set out by meets and bounds the fourth part of the said Woods and Vnder-woods or so
number of evil disposed persons did come and joyn themselves to the said small number whereby the same evil disposed persons took upon them such boldness that they would not be reduced to obedience without much blood shedding to the great danger of the Kings Majesties person where if the Kings loving Subjects durst have taken upon them to have suppressed them at the beginning such inconvenience of blood-shed should not have followed 1 Mar. 1. St 2. Cap. 12. § 7. N. 1. § 8. N. 2. Therefore it is also Ordained and Enacted by the Authority aforesaid Justices that if any persons above the number of two that at any time after the said twelfth day of February shall be unlawfully and of their own authority assembled together to the intent with force of Arms to do practice or put in ure any of the things above mentioned that then it shall be lawful to every Iustice of Peace and to every Sheriff in any County being within the Kings Dominions and to every Mayor Bailiff and other Head-Officer of any City or Town-Corporate for the time he shall be in Office or any other person or persons having the Kings Commission or Letters from his Highness or his Privy Council as well to raise and assemble the Kings loving Subjects in manner of War to be arrayed in such great number as he or they then shall think meet or able to the intent by Violence and Strength to suppress apprehend and take the said persons that so shall be unlawfully assembled 1 Mar. 1. St. 2. Cap. 12. § 7. N. 2. § 8. N. 3. And that if the said persons so unlawfully assembled Process after such Commandment or Request by Proclamation or otherwise made shall continue together and not endeavour themselves to return towards their Habitations Houses or Places from whence they came in such short time as they may conveniently that then it shall be lawful to every Iustice of Peace Sheriff and also to every Mayor Bailiff and other Head-Officer of any City or Town-Corporate and to every other Person having Authority as aforesaid after such Commandment or Request by Proclamation made and to such persons as shall be assembled with any Iustice of Peace or Sheriff or with any Mayor Bailiff or other Head-Officer of any City or Town Corporate and with every other person having Authority as is aforesaid to suppress apprehend and take those persons so unlawfully assembled which after such Request made shall continue together and not endeavour themselves to return towards their Habitations or Places from whence they came 1 Mar. 1. St. 2. Cap. 12. § 7. N. 3. Coron And that if the said persons so unlawfully assembled together or any of them shall fortune to be killed slain maimed or hurt § 8. N. 4. in or about the suppressing or taking of them that then every such Iustice of Peace Sheriff Mayor Bailiff and other Head-Officer and every other person having Authority as is aforesaid and all and singular persons by him or them assembled shall be free discharged and unpunishable as well against the King as against all and every other person and persons of for or concerning the killing slaying maiming and hurting of any person or persons so unlawfully assembled that shall fortune to be killed slain maimed or hurt about or by occasion of suppressing or taking of them 1 Mar. 1. St. 2. Cap. 12. § 7. N. 4. Copy-holder And furthermore be it Enacted by the Authority aforesaid § 9. N. 1. that all and every Copy-holder or Customary-Holder being Artificer Husband-man or Laborer and being of the age of eighteen years or more and under the age of forty years not sick impotent lame maimed ne having any other just or reasonable excuse or cause to the contrary and being required by the Sheriff Iustice or Iustices of the Peace or other having Authority by this Act or by Commission or Letters as is aforesaid in that behalf they declaring their said Authority or being required by the immediate Lord or Lords of whom such Copy-holds or Customary holds then shall be holden to serve the Kings Majesty for any the causes above rehearsed and refuse so to do shall only during the Life of such person or persons so refusing forfeit and lose to his or their Lord or Lords of whom such Copy or Customary-holds then shall be immediately holden and should be holden during the Life of such person or persons so refusing in Case he or they had not so refused all their Copy-holds and Customary-holds 1 Mar. 1. St. 2. Cap. 12. § 8. N. 1. Seisure And that it shall be lawful to every such Lord or Lords § 9. N. 2. their Heirs or Assigns of whom such Copy-holds or Customary-holds shall be immediately holden and should have béen holden in case such person or persons had not so refused by vertue of this present Act to enter and take into his or their Hands or Possession all such Copy-holds and Customary-holds so holden of them or any of them immediately and to retain the same during only the Life of every such Offender or Offenders in such manner and form as he or they should have had the Rents or Services of such Copy-hold or Customary-hold in Case such person or persons so refusing had not refused 1 Mar. 1. St. 2. Cap. 12. § 8. N. 2. â—orfeiture And that all and every Farmer being a Yeoman Husbandman § 9. N. 3. Artificer or Laborer and being of the age of eighteen years or more and under the age of forty years not sick impotent lame maimed ne having any other just or reasonable excuse or cause to the contrary and being required by the Sheriff Iustice or Iustices of the Peace or other having Authority by this Act or by Commission or Letters as is aforesaid in this behalf they declaring their said Authority or being required by their Land-Lord or Land-Lords for the time being to whom the Rents of such Farms shall be then rising coming or growing to serve the Kings Majesty for any the Causes above rehearsed and refuse so to do shall during only the Life of such Farmer or Farmers so refusing forfeit and lose to such Land-Lord and Land-Lords as should have had the Rents of such Farmers during the Life and Lives of such person or persons so refusing all their said Farms 1 Mar. 1. St. 2. Cap. 12. § 9. N. 1. Entrie And that it shall be lawful to every such Land-Lord and Land-Lords § 9. N. 4. their Heirs and Assigns to whom the Rents of such Farms should have been due during the Life of such person or persons so refusing in case such person or persons had not so refused by vertue of this present Act to enter and take into his or their Hands or Possession all such Farms and to retein the same during only the Life of every such Offender or Offenders 1 Mar. 1. St. 2. Cap. 12. § 9. N. 2.
they shall think meet and convenient Licence And that none § 1. N. 3. c. shall be admitted or suffered to keep any common Ale-house or Tipling-house but such as shall be thereunto admitted and allowed in the open Sessions of the Peace or else by two Iustices of the Peace whereof ene to be of the Quorum Recognizance And that the said Iustices of the Peace or two of them § 1. N. 4. whereof one to be of the Quorum shall take Band and Surety from time to time by Recognizance of such as shall be admitted and allowed hereafter to keep any common Ale-house or Tipling-house as well for and against the using of unlawful Games as also for the using and maintenance of good Order and Rule to be had and used within the same as by their discretion shall be thought necessary and convenient Certificate And the said Iustices shall certify the same Recognizance at the next Quarter Sessions of the Peace to be holden within the same Shire § 2. N. 1. c. where such Ale-house or Tipling-house shall be Records The same Recognizance there to remain of Record before the Iustices of Peace of that Shire § 2. N. 2. c Forfeiture Vpon pain of Forfeiture to the King for every such Recognizance taken and not certified three pounds six shillings and eight pence § 2. N. 3 Justices And it is further Enacted c. that the Iustices of Peace of every Shire § 3. N. 1. c. where such Recognizance shall be taken shall have Power c. in their Quarter Sessions of the Peace by Presentment Information or otherwise by their discretion to enquire of all such persons as shall be admitted and allowed to keep any Ale-house or Tipling-house and that be bound by Recognizance c. if they or any of them have done any act or acts whereby they or any of them have forfeited the same Recognizance Process And the said Iustices of every Shire and Places where they be Iustices shall upon every such Presentment or Information § 3. N. 2. award Process against every such person so presented or complained upon before them to shew why he should not forfeit his Recognizance Justices And shall have Power § 3. N. 3 c. to hear and determin the same by all ways and means as by their discretion shall be thought good Imprisonment And it is further Enacted c. that if any person § 4. N. 1. c. other than such as shall be hereafter admitted or allowed by the said Iustices shall c. obstinately and upon his own Authority take upon him c. to keep a common Ale-house c. or shall contrary to the Commandment of the said Iustices or two of them use commonly selling of Ale and Beer that then the said Iustices of Peace or two of them whereof one to be of the Quorum shall for every such Offence commit every such person c. to the Common-Goal c. there to remain without Bail or Mainprize by the space of three days 3 Car. 1. Cap. 3. 4 § 1. N. 6. Certificate And the said Iustices shall make Certificate of every such Recognizance and Offence at the next Quarter Sessions § 5. N. 1. c. where the same shall be committed or done Process Which Certificate shall be a sufficient Conviction in Law of the same Offence § 5. N. 2. Execution And the said Iustices of Peace upon the said Certificate made § 5. N. 3 shall in open Sessions assess the Fine for every such Offence at twenty shillings Wine Nor that it shall be lawful to any person c. to keep any Tavern 7 Ed. 6. C. 5. § 3. N. 1. or to sell or utter any Wine by Retayl c. in any City Borough Port Town or Market-Town not Corporate within the Realm of England or Wales or in the said Towns of Gravesend Sittingborn or Bagshot but only such person c. as thereto shall be assigned c. by all or most part of the Iustices of Peace for the time being of such Shire or County where such Tavern or selling of Wine by Retayl shall be had or allowed as shall be present at the general Sessions for the time being to be holden in every of the said Shires or Counties 12 Car. 2. Cap. 25. § 3. N. 7. The said Assignment Licence c. to be had and made in full Session by writing under the several Seals of every of the said Iustices and to be continued altered or changed c. viz. at the pleasure of the Majority § 6. N. 1. And it is further Enacted Justices c. that the Iustices of Peace of every Shire or County City and Town-Corporate in their several Sessions and the Stewards in every Leet and the Sheriff in his Turn and every Escheator shall have full Power c. to inquire by the Oaths of twelve men of all and every Offence and Offences perpetrated or done contrary to the form of this Act. C. 11. § 11. N. 4. And be it further Enacted Coron c. viz. because good and beneficial that all c. the said several Acts c. viz. 3 4 Ed. 6. 5. Of Riots c. and all Clauses c. shall be revived c. untill the last day of the next Parliament 1 Mar. 1. St. 2. C. 3. § 5. N. 2. And that the said Iustice of Peace viz. before whom any is brought for disturbing Preacher Religion breaking Altar c. upon due Examination thereupon had and made by the Apprehendor c. or other person c. of any of the said persons c. so offending forthwith shall commit the said person c. so apprehended to safe keeping c. as by the discretion of the said Iustice shall be thought most meet and convenient § 5. N. 3. And that within six days next and immediately after the said Accusation so had and made to the said Iustice Process the said Iustice with one other Iustice of the said Shire City Borough Liberty or Town-Corporate shall diligently examin the act or acts offence or offences aforesaid Cap. 8. Where in one Act of Parliament c. viz. 1 Ed. 6. 7. § 4. N. 1. Dignity It is Ordained c. that albeit any person or persons being Iustice of Assize Iustice of Goal-delivery or Iustice of Peace within any of the Kings Dominions or being in any other of the Kings Commissions whatsoever shall fortune to be made Duke Arch-Bishop Marquis Earl Viscount Baron Bishop Knight Iustice of the one Bench or of the other or Serjeant at the Law or Sheriff yet that notwithstanding he and they should remain Iustice and Commissioner and have full Power and Authority to execute the same in like manner and form as he or they might and ought to
and Temporal and the Commons in this present Parliament Assembled and by the Authority of the same that from and after the first day of April next coming no Iustice or Iustices of Peace shall let to Bail or Mainprize any such person or persons which for any Offence or Offences by them or any of them committed be declared not to be Replevised or Bailed or be forbidden to be replevised or Bailed by the Statute of Westminster 1 c. viz. 3 Ed. 1. Cap. 15. Coron And furthermore that any person or persons Arrested for Manslaughter or Felony § 3 N. 1 or Suspition of Manslaughter or Felony being Bailable by the Law shall not after the first day of April be let to Bail or Mainprize by any Iustices of Peace if it be not in open Sessions except it be by two Iustices of Peace at the least whereof one to be of the Quorum and the same Iustices to be present together at the time of the said Bailment or Mainprize § 3. N. 2. Which Bailment or Mainprize they shall certify in Writing Certificate subscribed or signed with their own Hands at the next general Goal-delivery to be holden within the County where the said person or persons shall be arrested or suspected § 4. N. 1. And that the said Iustices or one of them being of the Quorum Proof when any such Prisoner is brought before them for any Manslaughter or Felony before any Bailment or Mainprize shall take the Examination of the said Prisoner and Information of them that bring him of the Fact and Circumstances thereof and the same or as much thereof as shall be material to proove the Felony shall put in Writing before they make the same Bailment 2 3 Ph. Mar. Cap. 10. § 4. N. 2. Which said Examination together with the said Bailment Certificate the said Iustices shall certify at the next general Goal-delivery to be holden within the limits of their Commission 2 3 Ph. Mar. Cap. 10. § 1. N. 2. § 5. N. 1. And that every Coroner upon any Inquisition before him found whereby any person or persons shall be Indicted for Murder or Manslaughter Inquest or as Accessary or Accessaries to the same before the Murder or Manslaughter committed shall put in Writing the effect of the Evidence given to the Iury before him being material § 5. N. 2. And as well the said Iustices as the said Coroner Recognizance shall have Authority by this Act to bind all such by Recognizance or Obligation as do declare any thing material to proove the said Murder or Manslaughter Offences or Felonies or to be Accessary or Accessaries to the same as is aforesaid to appear at the next general Goal-delivery to be holden within the County City or Town-Corporate where the Tryal thereof shall be then and there to give Evidence against the Party so Indicted at the time of his Tryal 2 3 Ph. Mar. Cap. 10. § 2. N. 4. § 5. N. 3. And shall certify as well the same Evidence Certificate as such Bond or Bonds in Writing as he shall take together with the Inquisition or Indictment before him taken and found at or before the time of his said Tryal thereof to be had or made 2 3 Ph. Mar. Cap. 10. § 2. N. 5. § 5. N. 4 And likewise the said Iustices shall certify all and every such Bond taken before them Bail in like manner as before is said of Bailment and Examination § 5. N. 5. And in Case any Iustice of Peace of Quorum or Coroner Justices shall after the first day of April offend in any thing contrary to the true intent and meaning of this present Act that then the Iustices of Goal-delivery of the Shire City Town or Place where such Offence shall happen to be committed upon due Proof thereof by Examination before them shall for every such Offence set such Fine on every of the same Iustices of Peace and Coroner as the same Iustices of Goal-delivery shall think meet and estreat the same as other Fines and Amercements assessed before Iustices of Goal-delivery ought to be § 6. N. 1. Provided always Coporation and be it further Enacted by the Authority aforesaid that Iustices of Peace and Coroners within the City of London and the County of Middlesex and in other Cities Boroughs and Towns-Corporate within this Realm and Wales shall within their several Iurisdictions have Authority to let to Bail Felons and Prisoners in such manner and form as they have been heretofore accustomed this Act or any thing therin contained to the contrary notwithstanding § 6. N. 2. And also shall take Examinations and Bonds as is aforesaid Proof upon every Bailment by them or any of them to be made § 6. N. 3. And shall certify every such Bailments Certificate Bonds and Examinations by them or any of them taken or made at the next Goal-delivery to be holden within the Shire City Borough or Town where their several Iurisdictions extendeth upon like Pain and Forfeiture as is before limited in this present Act. § 7. N. 1 And be it also Enacted Certirorari c. that no Writs of Habeas Corpus or Certiorari shall be hereafter granted to remove any Prisoner out of any Goal or to remove any Recognizance except the same Writs be signed with the proper hands of the Chief Iustices or in his absense one of the Iustices of the Court out of which the same Writs shall be awarded or made Officer Vpon Pain § 7. N. 2. that he that writeth any such Writs not being signed as is aforesaid to forfeit to our Soveraign Lord the King and the Queen for every such Writs five pounds Riot Be it therefore Enacted c. viz. because good and beneficial that all C. 16. N. 15. c the several Acts c. viz. 1 Mar. 1. St. 2. Cap. 12. c. of Riots and all Clauses c. shall be revived c. until the last day of the next Parliament 2 3 Ph. Mar Cap. 21. § 10. N. 2. Husbandry The one half of which said Forfeitures viz. twenty shillings a month 2 3 Ph. Mar. Cap. 3. § 3 N. 2◠that one Cow is not kept for every threescore Shere-sheep and one Calf for every six score shall be to the use of c. the King and Queens Majesties and the other half to the use of the Party that within one year after the Offence committed will sue for the same in any c. Courts of Record or before the Iustices of Peace in the same Shire where any such Cause of Forfeiture shall be had at the general Sessions who by Authority of this Act shall have Power to hear and determine the said Offences by Bill Information Presentment Action of Debt or Detinue in which Action or Suit no
by Examination of two lawful Witnesses or by any of the same ways or means by the discretion of the said Iustices and to make Process there upon as though they were indicted before them by Inquisition or by Verdict of twelve men or more Amercements And upon the Conviction of the Offender by Information or Suit of any other then the Queen to make Extracts of the Moity of the Forfeitures to be levyed to the Queens use § 8. N. 2. as they use to do of other Fines and Amercements grown in the Sessions of the Peace and to award Execution of the other Moity for the Complainant or Informer against the Offender by Fieri facias or Capias as the Queens Iustices at Westminster may do Forfeiture And if any such Conviction or Attainder shall hereafter happen to be at the Queens Suit only § 8. N. 3. that then the whole Forfeitures to be extracted and levyed to the Queens use only Ways And be it further Enacted c. that C. 13. § 8. N. 1. c. all and every such Supervisor and Supervisors for the time being viz. of High-ways within one Month next after Default or Offence made done or committed by any person c. contrary to the Provision c. viz of 2 3 Ph. Mar. Cap. 8. or contrary to the Provision c. of this present Act shall present every such Default or Offence to the next Iustice of Peace for the time being viz. on Forfeit of 40 s. Certificate And that every such Iustice of Peace to whom any such Default or Offence viz. of High-ways shall be presented as is aforesaid § 8. N. 3. shall certify the same Presentment so to him made at the next general Sessions within the said County then next after to be holden Certificate Vpon Pain to forfeit for not certifying of every such Presentment of every such Default or Offence as is aforesaid § 8. N. 4 100 l. Process And that the Iustices of Peace of every County where the said Defaults or Offences viz. of High-ways shall be committed § 8. N. 5. shall immediately have Authority to inquire of any such Default or Offence committed within the limits of their Commission at every their quarter Sessions and to assess such Fines for the same as they or two of them whereof one to be of the Quorum shall think meet â—ustices And be it further Enacted c. that every Iustice of Peace § 9. N. 1 shall have Authority by this Statute of his own Proof Knowledge in the open general Sessions to make Presentment of any High-way not well and sufficiently repared and amended or of any other Default or Offence committed and done within the County and limits of his Commission contrary to the Provision and Intent of this Statute or of c. viz. 2 3 Ph. Mar. Cap. 8. § 9. N. 2. And that every such Presentment made by any such Iustice of Peace upon his own knowledge as is aforesaid Inquest shall be as good and of the same force c. as if the same had been presented found and adjudged by the Oath of twelve men § 9. N. 3. And that for every such Default so presented as is aforesaid Amercement the Iustices of the Peace of the said County shall immediately at the said general Sessions have Authority to assess such Fines as to them or two of them whereof the one to be of the Quorum shall be thought meet § 9. N. 4. Saving every person Pleading c. that shall be touched by any such Presentment to have his or their lawful Traverse to the same Presentment as they might have upon any Indictment of Trespass or forcible Entry by the Laws of this Realm before the making of this Statute § 10. N. 1. And that all such Fines Forfeitures Forfeitures and Amercements to be assessed by the said Iustices of the Peace at their general Sessions in any of the Cases aforesaid shall be Estreated by the Clerk of the Peace of the said County and shall be levyed in such mâ—nner and form and imployed to such uses and intents as in the said Statute c. viz. 2 3 Ph. Mar. Cap. 8. § 6. N. 1. is limited and appointed C. 15. § 4. N. 1. And be it further Enacted c. that all and every Iustice of Assize Slander c. of Oyer and Determiner and Iustice of Peace shall have full Power and Authority by vertue hereof to inquire hear and determine all and every Offence c. viz. of false Prophesies on occasion of War c. committed or done within the limits of their Commission contrary to the Tenor and Meaning of this Act. C. 21. § 6. N. 1. And be it further Enacted Forest c. that the Iustices of Oyer and Determiner c. of Assize in their Circuits and Iustices the of Peace and Goal-delivery in their Sessions shall by vertue hereof have Power and Authority to inquire hear and determine all and singular the Offences c. viz. of cutting Heads or Dams of Ponds breaking Parks or Ground inclosed stealing Fish Hawks or Eggs c. and to make and award Process thereupon as well upon Indictments taken before them as by Bill of Complaint Information or any other Action in which Suit or Action no Essoyn Wager of Law nor Protection shall be allowed 8 Eliz. Cap. 3. § 4. N. 1. And be it further Enacted c. that the Iustices of Oyer and Terminer Cattle c. of Goal-delivery and Iustices of the Peace in every County and Shire within this Realm of England and Wales and other the Queens Majesties Dominions shall have full Power and Authority by vertue of this Act to inquire of every Offender c. viz. that Ships any Sheep to be conveyed out of any the Queens Dominions c. contrary to the form and effect of this Act and to hear and determine c. according to the Course of the Laws of this Realm C. 9. § 5. N. 1. And where such Vessels Viz. Barrel Measures Kilderkin or Firkin for Ale or Beer shall be made or sold out of any City Borough or Town Corporate the Prices thereof shall be rated and taxed by the Iustices of Peace or the more part of them being present in the general Quarter Sessions yearly next after Easter at such reasonable prices as they shall think reasonable by their discretions the said Statute c. viz. 23. H. 8. Cap. 4. § 5. N. 1. or any other Law c. notwithstanding 13 Eliz. Cap. 2. § 8. N. 1. Provided nevertheless and be it further Enacted Pope c. that if any person to whom any such Agnus Dei or other the things aforesaid viz. Crosses Pictures Beads c. shall be tendred and offered to be delivered shall apprehend the party so offering the same
and bring him to the next Iustice of the Peace of that Shire where such tender shall be made if he shall be of power and able so to do or for lack of such ability shall within the space of three days next after such Offer made c. disclose the Name and Names of such person c. as so shall make the same Offer and the Dwelling-place or Place or Resort of the same person c. which he shall endeavour himself to know by all the means and ways he can to the Ordinary of the Diocess or to any Iustice of Peace of that Shire where such person c. to whom such offer shall be made c. shall be resiant Days And also if such person c. to whom such offer shall be made § 8. N. 2. shall happen to receive any such Agnus Dei c. and shall within the space of one day next after such receit deliver the same to any Iustice of Peace within the same Shire where the Party so receiving shall be then resiant or shall happen to be Forfeiture That then every such person and persons doing any the Acts or Things in this Provision above mentioned in form above declared § 8. N. 3 shall not by force of this Statute incur any Danger or Penalty c. Justices Provided also and be it further Enacted § 10. N. 1. c. that if any Iustice of Peace to whom any Matter or Offence before mentioned shall be uttered shewed or declared as is aforesaid do not within the space of fourteen days next after it shall be to him shewed or uttered signify or declare the same to some one of the Queens Majesties Privy-Council that then the same Iustice of Peace shall incur the Danger Pain and Forfeiture Provided by the said Statute c. viz. 16 Rich. 2. Cap. 5. § 2. N. 6. Usury And be it further Enacted C. 8. § 6. N. 1. that Iustices of Oyer and Terminer and Iustices of Assize in their Circuits Iustices of Peace in their Sessions c. shall also have full Power and Authority to inquire hear and determine of all and singular Offences viz. of Usury committed against the said Statute viz. 37 H. 8. Cap. 9. now revived Sewers And that the Iustices of Peace in the Shire C. 9. § 2. N. 2. c. where the same Laws Ordinances and Constitutions viz. of Sewers are to be executed within their several Commissions or Limits or six of them whereof two to be of the Quorum shall have Power and Authority by the space of one whole year next after the expiration of every such Commission to execute the same Laws Ordinances and Constitutions and every of them as fully and in as ample manner and form as the Commissioners or any of them named and appointed in every or any Commission so expired might or should have done to all Intents and Purposes as if the said Commission or Commissions had continued in force Justices Provided always and be it nevertheless Enacted § 3. N. 1. that if any new Commission of Sewers shall be made within the said year that then immediately from and after such Commission newly made and published the Power of the said Iustices of Peace and every of them in any wise concerning the Execution of any such Laws Ordinances and Constitutions of Sewers shall utterly cease any thing or things in this Act to the contrary expressed in any wise notwithstanding Corn. Provided nevertheless C. 13. § 2. N. 1. that neither any of the said Presidents and Councils nor the said Iustices of Assize nor the said Iustices of Peace c. shall publish any their Determinations c. viz. for Permission or Prohibition of the Transportation of Corn until the same shall be first by Writing notified to the Queens Majesty or to her Privy-Council and by her Majesty or her Privy-Council shall be liked or allowed Imprisonment And by the said Iustice or Head-Officer 14. Eliz. Cap. 5. § 2. N. 3. viz. before whom sturdy Beggar c. above fourteen shall be brought to be presently committed to the Common Goal of the said County being apprehended within the County or else such other place as by the Iustices of Peace of that County or three of them at their general Sessions shall be appointed Licence Be it also further Provided that no Licence § 10. N. 1 c. viz. of Pasport or to beg c. shall give any manner of liberty or be of any manner of force but only in the Shire whereof the Grantor c. of such Licence shall be Iustice c. of the Peace Taxes And that done viz. the numbe of Poor registred § 14. N. 7 c. they the said Iustices Mayors Sheriffs Bailiffs and other Officers within every their several Commissions c. shall by their good discretions tax and assess all and every City Borough Town Village Hamlet and Place known within the said Limits and Divisions to such weekly charge as they and every of them shall weekly contribute towards the relief of the said poor people Account And further be it Enacted § 18. N. 1. that the said Collectors viz. for the Poor and every of them c. shall make their just Account half yearly c. to two Iustices of the Peace dwelling next the said abiding place or places not being within any City Borough or Town-Corporate § 21. N. 1. Provided c. and be it further Enacted Poor c. that three Iustices of Peace whereof one to be of the Quorum of and with the Surplusages and Forfeitures the said Poor c. provided for shall by their discretions in such convenient place c. within their said Shires as they shall think meet place and settle to work the Rogues and Vagabonds c. § 24. N. 1. And be it further Enacted Justices c that three Iustices of Peace within all the Shires of this Realm whereof one to be of the Quorum shall have full Power c. to hear and determine all Causes Except Forfeitures of Justices of Peace that shall come in question by reason of this Act. § 33. N. 1. Also be it provided that if any Taxes c. shall find him or her self grieved with any Taxation set upon them by vertue of this Act it shall be lawful for them at the next general Sessions of the Peace to be holden within the same Shire where their Taxation shall be to make Complaint thereof to the Iustices of the Bench and to be eased of their excessive charge by the discretion of the whole Bench or the most part of them 18 Eliz. C. 3. § 2. N. 2. It is Ordained c. that two Iustices of the Peace Bastardy whereof one to be of the Quorum in or next unto the limits where the Parish Church is within which Parish
authorized to minister the said Oath to any c. that can or will justifie the same being within the limits of their said Commission Imprisonment And for want of sufficient Distress viz for the Penalties § 3. N. 3. c. the Party c. offending to be by the Mayor Bailiff or other Head-Officer or Iustice c. committed to the Common-Goal there to remain until the said Penalty c. be truly paid Franchise Provided always and be it Enacted § 6. N. 1. c. that the Correction and Punishment of such as shall offend against this Act or any part thereof within either of the two Vniversities of this Realm or the Precincts or Liberties of the same shall be done upon the Offenders and Iustice shall be administred in this behalf according to the intent and true meaning of this Law by the Governors Magistrates Iustices of the Peace or other Principal Officers of either of the same Vniversities to whom in other Cases the Admission of Iustice and Correction and Punishment of Offenders by the Laws of this Realm and their several Charters doth belong or appertein Leather And for the better Execution of this Act viz. of Tanners Curryers C. 22. § 5. N. 1. Cord wayners Shoe-makers Sadlers Coachmakers c. be it further Enacted that all Iustices of Assize Iustices of Goal-delivery Iustices of Peace and Stewards of Franchises Leets and Law-days within their several Iurisdictions and Liberties Precincts Offices and Authorities shall inquire of all the Premises in their Sessions Leet or Law-day and hear or determine the same and also by their discretions examine all persons suspected to offend this Act or any parcel thereof 5 Eliz. Cap. 8. § 40. N. 1. Fowl And the same Offence c. viz. destroying Phesant Partridge C. 27. § 2. N. 1. c. with Guns or Bows or Nets or Setting Dogs c being prooved by the Confession of the Party or by the Testimony of two sufficient Witnesses upon Oath before two or more Iustices of the Peace of the same County City or Town-Corporate wherein the Offence shall be committed or the Party offending apprehended shall be by the said Iustices of Peace for every such Offence committed c. for three Months c. unless the said Offender do or shall forthwith upon the said Conviction pay c. to the use of the Poor of the same Parish the sum of 20 s. for every Phesant Partridge House-dove Pidgeon Hern Mallard Duck Teale Widgeon Goose Heath Rook More-game or any such Fowle and for every Egg of Phesant Partridge or Swans and for every Hare which any and every such person c. shall take kill or wilfully destroy contrary to the true purport c. of this Statute § 5. N. 2. And that all Iustices of Assize in their several Circuits Justices and all Iustices of Peace in their general Quarter Sessions and any two Iustices of Peace or more together out of any Sessions shall and may by force of this present Act have full Power and Authority to examine hear punish and determine all Offences to be committed against this present Statute and to administer Oath as aforesaid and perform and execute all and every Act and Thing fit or requisite for the due Execution of this present Act. § 7. N. 1. And be it also further Enacted c. that it shall and may be lawful Licence to and for every person c. keeping any Hawk c. which at the general Quarter Sessions of the County where he and they shall dwell and shall be licenced to shoot Hail-shot in Hand-guns or Birding pieces at Crow Chough Pye Rook Ringdove Iay or smaller Birds for Hawks meat only to shoot and kill Hawks meat according to the said Licence only C. 29. § 3. N. 1. And be it further Enacted that all Iustices of the Peace Mayors Fish Bailiffs Head-Officers and Constables as well of Cities and Towns-Corporate as in every Counity of this Realm shall have Power and Authority by force of this Act yearly in the time of Lent to enter into all houses of Victuallers and common victualling houses within their Iurisdictions where such Offences viz. dressing Flesh contrary to 5 Eliz. Cap. 5 § 4. N. 1. shall be committed C. 31. § 2. N. 1. Be it therefore Enacted c. that the Mayors Bailiffs Poor Head-Officers and Iustices of Peace of every City Borough Town-Corporate and Places priviledged where any c. are or shall be or any two of them shall have Power and Authority from time to time to tax and assess all and every Inhabitant and all houses of Habitation Lands and Tenements within the said City c. or the Liberties or Precinets thereof at such reasonable Taxes and Payments as they shall think fit for the reasonable relief of such persons infected or inhabiting in houses and places infected in the same Cities Boroughs Towns-Corporate and Places previledged 3 Jac. 4. §. 3. N. 5 And viz the Forfeiture for Recusants not receiving the Sacrament Religion c. to be recovered in any of the Kings Courts of Record at Westminster or before Iustices of Assize or Goal-delivery or before Iustices of Peace at their general Quarter Sessions by Action of Debt Bill Plaint or Information wherein no Essoyn Protection or Wager of Law shall be allowed § 4. N. 1. And be it further Enacted Indictment c. that the Church-wardens and Constables of every Town Parish or Chappel for the time being or some one of them or if there be none such then the Chief Constables of the Hundred where such Town Parish or Chappel is or shall be or one of them as well in Places Exempt as not Exempt shall once in every year present the Monthly absence from Church of all and all manner of Popish Recusants within such Towns and Parishes § 4. N. 2. And shall present the Names of every of the Children of the said Recusants being of the Age of nine years and upwards Infant abiding with their said Parents and as near as they can the Age of every of the said Children as all the names of the Servants of such Recusants at the general or Quarter Sessions of that Shire Limit Division or Liberty § 5. N. 1. And be it further Enacted Peace c. that all such Presentments shall be accepted entred and recorded in the said Sessions by the Clerk of the Peace or Town-Clerk for the time being or his Deputy without any Fee to be had asked or taken for the same § 7. N. 1. And be it further Enacted Pope c. that the Iustices of Assize and Goal-delivery at their Assizes and the said Iustices of Peace at any of their said Sessions shall have Power and Authority by vertue of this Act to inquire hear and determine of all Recusants and Offences as well for not receiving the Sacrament
Recusant Forfeiture c. which shall have any such Armor c. shall refuse to declare or manifest unto the said Iustices of Peace or any of them what Armor he she or they have or shall have or shall let hinder or disturb the delivery thereof to any of the said Iustices or to any other person c. Authorized by their Warrant to take and seize the same then every such person so offending contrary to this Statute in this behalf shall forfeit and lose to the Kings Majesty his Heirs and Successors his and their said Armor c. and shall also be Imprisoned by Warrant of or from any Iustices of Peace of such County by the space of three months without Bail or Mainprize C. 10. § 1. N. 2. Be it Enacted c. that all Imprisonment c. that c. shall be Committed to the Common or usual Goal within any County or Liberty within this Realm by any Iustice or Iustices of the Peace for any offence or misdemeanor to any such Goal that the said person c. so to be committed c. having means or ability thereunto shall bear their own reasonable charges for so conveying or sending them to the said Goal and the charges also of such as shall be appointed to Guard them to such Goal and shall so Guard them thither § 1. N. 3. And if any such person c. so to be committed Process c. shall refuse at the time of their commitment and sending to the said Goal to defray the said charges or shall not then pay or bear the same that then such Iustice or Iustices of the Peace shall and may by writing under his or their Hand and Seal or Hands and Seals give Warrant to the Constable c. of the Hundred or Constable or Tythingman of the Tything or Township where such person or persons shall be dwelling and Inhabit or from whence he or they shall be committed as aforesaid or where he or they shall have any Goods within the County or Liberty to sell such and so much of the Goods and Chattels of the said persons so to be committed as by the discretion of the said Iustice or Iustices of the Peace shall satisfie and pay the charges of such his or their conveying and sending to the said Goal the appraisement to be made by some of the honest Inhabitants of the Parish or Tything where such Goods or Chattels shall remain and be and the overplus of the mony which shall be made thereof to be delivered to the party to whom the said Gooods shall belong § 2. N 1. And be it further Enacted c. that if the said person Taxes c. so to be committed c. shall not have or be known to have any Goods or Chattels which may be sold for the purpose aforesaid within the County or Liberty that then an indifferent Tax or assessemement shall be made by the Constables and Church-wardens and two or three other the honest Inhabitants of the Parish Township or Tything where the said Offender c. shall be taken or apprehended the said Taxation being allowed under the hand of one or more Iustice or Iustices of the Peace if there be such Constables or Church-wardens there Inhabiting and in default of them by four of the principal Inhabitants of the said Parish Township or Tything where such Offenders shall be taken or apprehended § 2. N 2. And if any so Taxed or assessed Justices shall refuse to pay their said Taxation then the Iustice or Iustices by whom the said offenders shall be committed c. or any other Iustice of Peace near adjoyning shall and may give Warrant as aforesaid to the Constable Tythingman or other Officer there to distrain the Goods of any so assessed which shall refuse to pay the same and to sell the same C. 12. § 2. N. 3. The said forfeitures Fish viz. For Fishing within five Miles of Haven with Net under three Inches meash c. to be levyed c. by the Mayor Bailiff or other Head-Officer of every City Borough or Town Corporate and by Warrant of one or more Iustices of Peace c. C. 13. § 3. N. 1. And be it likewise Enacted Forest c. that the Iustices of Oyer and Terminer Iustices of Assize in their Circuits and Iustices of Peace and Goal delivery in their Sessions shall by vertue hereof have power and Authority to enquire hear and determine all and singular the said offences viz. Of breaking Grounds inclosed in the day or killing Deer or Connies in the night by Examination of the Offenders and to make and award Process thereupon as well upon Indictments taken before them as by Bill of Complaint Information or any other Action in which Suit or Action no Essoyn Wager of Law or Protection shall be allowed Damages And be it also Enacted § 4. N. 1. c. that it shall and may be lawful to the Party grieved to sue and take his further remedy against all and every such Offender c. viz. in breaking Grounds inclosed in the day or killing Deer or Conies in the night c. for his loss and damages and to recover the treble value of the same in that behalf as well before the Iustices of Oyer and Terminer Iustices of Assize in their Circuits and Iustices of Peace and Goal delivery in their Sessions or elsewhere in any other the Kings Majesties Courts of Record at Westminster Behavior And that upon true satisfaction of the said treble Damages to the Party grieved § 4. N. 2. or upon the Confession or Acknowledgement thereof by the said Party offending before the Iustices in open Sessions holden for the County wherein the same Offence shall be committed it shall be at the liberty of the said Party grieved to whom the said Offence shall be committed to release at his pleasure the Surety-ship of the Good-behavior at any time within the said seven years or before c. Release And be it further Enacted c. that if any § 6. N. 1. c. at any time hereafter shall fortune to be bound before any the Iustices before mentioned to the King his Heirs or Successors for his or their good abearing for seven years c. and the same Party so bound shall afterwards within the said seven years come before the Iustices of Peace of the said County where the Offence was committed or some of them in open Quarter Sessions and there in the said Sessions confess and acknowledge his or their said Offence c. and that he or they is or are sorry therefore and satisfie the Party or Parties grieved according to the tenor of this Act that then the same Iustices before whom the said Confession shall be so made shall and may have Power c. in the same open Sessions or in any other Sessions afterwards to be holden before the said
Inholders hereafter to be committed against the form of this present Statute C. 22. § 7. N. 1. Provided nevertheless and be it Enacted Victuals c that if the Iustices of the Peace of any of the Counties of this Realm of England or the Dominion of Wales at their Quarter Sessions of any of the said Counties shall declare and publish in open Sessions that the Traders aforesaid in Butter and Cheese viz. from London c. shall forbear to buy any Butter and Cheese for any time within the said County or Counties or within any Parts or Places of the same that then for and during the time of such Restraint the said Traders in Butter and Cheese that shall buy any such Butter viz. above a Barrel or Cheese viz. above a Weigh and sell the same again by Retail contrary to the Acts aforesaid viz. 3 4 Ed. 6. Cap. 21. § 2. N. 1. and 5 6 Ed. 6. Cap. 14. § 3. N. 1. shall not be freed of or from any Penalties of the said Acts but shall be subject to the same as if this Act had never been made Statuta Car. 1. Games AND that any one Iustice of the Peace of the County 1 Car. 1. Cap. 1. § 1. N. 5. or the Chief Officer or Officers of any City Borough or Town-Corporate where such Offence viz. of resorting to Sports on the Sunday c. shall be committed upon his or their View or Confession of the Party or Proof by one or more Witness by Oath which the said Iustice or Chief-Officer or Officers shall by vertue of this Act have Authority to Minister shall find any offending in the Premisses the said Iustice or Chief-Officer c. shall give Warrant under his or their Hand and Seal to the Constables and Church-wardens of the Parish c. where such Offence shall be committed to levy the said Penalty so to be assessed by way of Distress and Sale c. rendring to the said Offenders the overplus c. and in default of such Distress that the party offending be set publickly in the Stocks by the space of three hours Religion The said Offences Viz. Travailing 3 Car. 1. C. 1. 2. § 1. N. 4. or Killing or Selling Victual on Sunday and every of them being done in view of any Iustice of Peace Mayor or other Head-Officer of any City or Town-Corporate within their Limits respectively or being proved upon Oath by two or more Witnesses or by the Confession of the Party offending before any such Iustice Mayor or Head-Officer within their several Limits respectively wherein such Offence shall be committed to which end every such Iustice Mayor or Head-Officer shall have Power by this Act to minister an Oath to such Witness or Witnesses Forfeitures All which sums c. viz. of twenty shillings forfeit for travailing § 1. N. 5. and six shillings and eight pence for killing or selling Meat on Sunday c. shall or may be levyed by any Constable or Church-warden by Warrant from any â—uch Iustice or Iustices of Peace Mayor or other Head-Officer c. within their several Limits where such Offence shall be committed or done by distress and sale of the Offenders Goods c. or shall be recovered by any person c. by Bill Plaint or Information in any of his Majesties Courts of Record in any City or Town-Corporate before his Majesties Iustices of the Peace in their General Sessions of the Peace Poor All which Forfeitures shall be imployed to and for the use of the Poor of the Parishes where the said Offences shall be committed or done § 1. N. 6. saving only that it shall be lawful to and for any such Iustice Mayor or Head-Officer out of the said Forfeitures to reward any such person c. that shall inform or otherwise prosecute any person c. offending against this present Act according to their discretions so that such Reward exceed not the third part of the Forfeiture Ale Which Law viz. 5 6 Ed. 6. Cap. 25. § 4. 5. hath not wrought such Reformation as was intended C. 3. 4. § 1. N. 6. for that the said Fine of 20 s. is seldom levyed and for that many of the said Offenders by reason of their Poverty are neither able to pay the said Fine of 20 s. nor yet to bear their own charges of conveying them to the Goal and moreover do leave a great charge of Wife and Children upon the Parishes wherein they live in regard whereof the Constables and other Officers are much discouraged in presenting them and the Offenders become obstinate and incorrigible Licence For remedy whereof be it Enacted c. that if any § 2. N. 1. c. shall upon his own Authority not being thereunto Lawfully licenced take upon him or them to keep a Common Ale-house or Tipling-house or use commonly selling of Ale or Beer Cyder or Perry that then every such c. shall for every such Offence forfeit and lose c. 20 s. to the use of the Poor of the Parish c. the same Offence being viewed and seen by any Mayor Bailiff or Iustices of Peace or other Head-Officer within the several Limits or confessed by the Party so offending or approved by the Oath of two Witnesses to be taken before any Mayor Bailiff or other Head-Officer or any one or more Iustice or Iustices of the Peace who by vertue of this Act shall be authorized to minister the said Oath to any c. that can or will justifie the same being within the limits of their said Commission § 2. N. 2. The said Penalties to be levyed by the Constables or Church-wardens of the Parish c. where the said Offence shall be committed Forfeiture who shall be accountable therefore to the use of the Poor of the said Parish by way of distress to be taken and detained by Warrant or Precept from the said Mayor Bailiff Iustice or Iustices or other Head-Officer by whom the said Offence shall be viewed or before whom the same shall be confessed or proved as aforesaid § 2. N. 3. And for default of satisfaction within three days next ensuing Process the said Distress to be by the said Constables or Church-wardens apprised and sold and the overplus to be delivered c. and this to be only for the first Offence § 2. N. 4. And if such Offender Imprisonment c. shall not have sufficient Goods and Chattels whereby the said 20 s. may be levyed by way of distress as aforesaid or shall not pay the said sum c. within six days after such Conviction as aforesaid that then the said Mayor Bailiff Iustice or Iustices or other Head-Officer before whom the said Offender shall be convicted as aforesaid shall commit all and every the said Offender c. to some Constable c. or other inferior Officer c. of the City Borough Town Parish
or Hamlet where the Offence shall be committed or the Party apprehended to be openly whipped for the said Offence as the said Iustice or Iustices shall limit or appoint § 3. N. 1. And be it Enacted Constable c. that if any Constable or inferior Officer shall neglect to execute the said Precept or Warrant or do refuse or do not execute by himself or some other to be by him appointed upon the Offender the Punishment limited by this Statute that in that Case it shall and may be lawful for the said Mayor Bailiff Iustice or Iustices of Peace or other Head-Officer to commit the Constable or other inferior Officer so refusing or not executing c. to the Common Goal of the said County City or Town Corporate there to remain without Bail or Mainprize until the said Offender c. shall by the said Constable c. be punished and whipped as is above limited and declared or until he or they so neglecting or refusing shall have paid the sum of 40 s. c. § 4. N. 1. And be it further Enacted that if the said Offender Ale c. being an unlicenced Ale-house-keeper shall offend in any the Premises the second time and be thereof lawfully convicted in manner and form aforesaid that then the said Mayor Bailiff Iustice or Iustices of the Peace or other Head-Officer shall commit him her or them unto the house of Correction there to remain for the space of one Month and be dealt withal as idle and disorderly persons § 4. N. 2. And if such shall again offend and be thereof convicted as aforesaid Imprisonment that then the said Offender c. for every such Offence shall be committed unto the said House of Correction as aforesaid there to remain until by the Order of the Iustices in their General Sessions for the County City Borough or Franchise he she or they shall be delivered from thence § 5. N. 1. Provided always that such Process c. as shall be punished by vertue of this Act shall not be punished again for the same Offence by the former Act c. viz. 5 6. Ed. 6. Cap. 25. § 4. N. 5. § 5. N. 2. And that such Information c. as shall be punished by vertue of the before mentioned Act viz. 5 6 Ed. 6. Cap. 25. § 4. N. 5. shall not be punished again for the same Offence by vertue of this present Act nor any thing there contained C. 4. 5. § 15. N. 1. And so much of an Act Bastardy c. viz. 18 Eliz. Cap. 3. § 2. N. 1. as concerneth Bastards begotten out of lawful Matrimony viz. continued to the next Parliament c. §. 15. N. 2. With this Justices that all Iustices of Peace within their several Limits and Precincts and in their several Sessions may do and execute all things concerning that part of the said Statute viz. 18 Eliz. Cap. 3. § N. that by the Iustices of Peace in the several Counties are by the said Statute limited to be done Apprentices And be it Enacted § 22. N. 9. that all persons to whom the overseers of the Poor shall according to the said Act viz. 43 Eliz. Cap. 2. § N. bind any Children Apprentices may take receive and keep them as Apprentices and also the Church-wardens and Overseers of the Poor mentioned in the said Act c. may by and with consent of two or more Iustices of the Peace whereof one to be of the Quorum within their respective Limits wherein shall be more Iustices than one and where no more shall be than one with the Assent of that one Iustice of the Peace set up use and occupy any Trade Mistery or Occupation only for the setting on work and better relief of the Poor of the Parish Town or Place of or within which they shall be Church-wardens or Overseers of the Poor any former Statute to the contrary notwithstanding Measures Viz. Keeping of Measures Or Weights other than according to the Standard of Exchequer forfeits five shillings 16 17 Car 1. C. 19. § 2. N. 4. being thereof lawfully convicted by the Oath of one sufficient Witness before any Iustice of Peace Mayor or other Head-Officer c. respectively where the said offence shall be committed who by vertue of this Act shall have Power to administer an Oath in that behalf Imprisonment And in default of such distress § 2. N. 3 it shall be lawful for any Iustices of Peace Mayor or other Head-officer c. to commit the said Party to the Prison or Goal there to remain without Bail or Mainprize until he shall pay such sums of mony forfeited as aforésaid Justices Provided also that no Iustice or Iustices of the Peace Mayor § 8. N. 1. Bailiff or other Head-officer c. or any other authorized by this Statute for the due Execution thereof in any point shall be sued impleaded or otherwise impeached for doing or executing their said Offices respectively Pleading And if any Suit c. shall be commenced against them § 8. N. 2. their Agents and Assistants touching the Premises that then it shall and may be lawful for them c. to plead the general Issue not guilty and to give this Statute in Evidence or any other special matter in Evidence Statuta Car. 2. Ale PRovided always c. that the Lord Treasurer 12 Car. 2. C. 23 § 29. N. 1 c. shall not within six Months after the commencement of this Act viz. of Excise on Beer Ale Syder c. to his Majesty for Life treat conclude or agree with any c. touching the farming of this duty upon Beer and Ale in any the respective Counties or Places of this Realm or Dominions thereof other than with such persons c. as by the Iustices of Peace of the said Counties or Places or the major part of them at their publick Quarter Sessions shall be nominated and appointed in that behalf which person c. is to have the first refusal of any such Farm respectively and may take the same any thing c. notwithstanding 12 Car. 2. Cap. 24 § 43. N. 1. Leases Provided §. 30. N 1. that the said Duty shall not be let to any other person or persons than to the person or persons recomended by the Iustices under the rate that it shall be tendered to and refused by such person c. so recomended 12 Car. 2 Cap. 24. § 44. N. 1. Forfeiture And all such Forfeitures and Offences made and committed within all or any the Counties Cities § 31. N. 3. Towns or Places within this Kingdom or Dominions thereof shall be heard and determined by any two or more of the Iustices of the Peace residing near the Place where such Forfeitures shall be made or Offence committed 12 Car. 2. Cap. 24. § 45. N. 3. Justices
any persons above the number of twenty or more to any Petition Complaint Remonstrance Declaration or other Address to the King or both or either Houses of Parliament for alteration of matters established by Law in Church or State unless the matter thereof have been first consented unto and ordered by three or more Iustices of the County or by the major part of the Grand-Iury of the County or Division of the County where the same matter shall arise at their publick Assizes or General Quarter Sessions or if arising in London bp the Lord-Mayor Aldermen and Commons in Common-Council assembled Joynder And that no person or persons whatsoever shall repair to his Majesty § 2. N. 2. or both or either of the Houses of Parliament upon pretence of presenting or delivering any Petition Complaint Remonstrance or Declaration or other Addresses accompanied with excessive number of people not at any one time with above the number of ten persons Forfeiture Vpon pain of incurring a Penalty not exceeding the sum of one hundred pounds in mony and three Months Imprisonment without Bail or Mainprize for every Offence § 2. N. 3. Days Which Offence to be Prosecuted at the Court of the Kings Bench § 2. N. 4. or at the Assizes or General Quarter Sessions within six Months after the Offence committed and proved by two or more credible Witnesses Parliament Provided always that this Act or any thing therein contained § 3. N. 1. shall not be construed to extend to debar or hinder any person or persons not exceeding the number of ten aforesaid to present any publick or private Grievance or Complaint to any Member or Members of Parliament after his Election and during the Continuance of the Parliament or to the Kings Majesty for any remedy to be thereupon had Prerog Nor to extend to any Address whatsoever to his Majesty § 3. N. 2. by all or any of the Members of both or either Houses of Parliament during the sitting of the Parliament but that they may enjoy their freedom of access to his Majesty as heretofore hath been used Purveyance Be it therefore Enacted Cap. 8. § 2. N 1. c. that the Clerk or Chief-Officer of his Majesties Carriages shall three days at least before his Majesties Arrival by Warrant from the Green-Cloth give notice in Writing to two or more of his Majesties Iustices of the Peace next adjoyning to provide such a number of Carts and Carriages from the Places next adjacent as his Majesty shall have present use of expressing the certainty c. Forfeiture And that in Case any § 2. N. 2. c. shall refuse to provide and furnish his Majesty that now is or his Queen that shall be or his or her Houshould in their Progress for Removals c. that then upon due Proof and Conviction c. by the Oath of the Constable or other Officer or two other credible Witnesses before the said Iustices of Peace of the County or Mayor or other Chief-Officer of the City or Corporation where he or they inhabit which Oath they shall have Power to administer the Party so refusing shall c. forfeit the sum of forty shillings to the Kings Majesties use to be fortwith levyed by Distress and Sale c. by Warrant from the said Iustices of the Peace Mayor or other Chief-Officer § 3. N. 2. And in Case any Iustice of the Peace Mayor Fees Chief-Officer or Constable shall take any Gift or Reward to spare any c. or shall impress more Carriages then he shall be directed c. that then upon due Proof and Conviction thereof the Party so offending shall forfeit the sum of ten pounds to the Party thereby grieved or any other who shall sue for the same c. § 5. N. 1. And be it further Enacted Justices c. that any two or more of the Iustices of the Peace near adjoyning to the Road through which his Majesty is to pass shall immediately after notice in Writing from the said Green-Cloth and Avener under their Hands and Seals set down and appoint such reasonable Rates and Prices to be paid during his Majesties abode there both for Hay and Oats and other Accomodations for Horses as they in their discretion shall think meet which Rates one day at the least before his Majesties coming to such Place the said Iustices shall cause to be proclaimed in the Market Town next to such place and in such of the Neighbouring Towns and Villages as to them shall seem meet to the end that notice may be taken of such Rates and Prices § 5. N. 2 And if any person shall take any other sum than what is or shall be so limited either for Lodging Horse-meet Forfeiture Stable-room or other such Accommodations and be thereof convicted by Confession of the Party or by the Oath of one credible Witness before any one Iustice of the Peace which Oath the said Iustice of the Peace is hereby authorized to administer that then in such Case every person so offending shall forfeit and pay to the Party grieved the sum of 40 s. the same to be levyed by Distress by Warrant from the said Iustice of the Peace and Sale there of c. C. 10. § 1. N. 3. Viz. The Forfeiture of 20 l. by Deer-stealer to be levyed by the way of Distress upon the Goods and Chattels of every such Offender Forest by Warrant under the Iustices Hand before whom such Conviction shall be made § 1. N. 5. And for want of sufficient Distress Imprisonment the Offender shall be committed to the House of Correction for six Months and there to be put to hard Labour or to the Common-Goal for one whole year without Bail or Mainprize at the discretion of the Iustices of the Peace before whom such Conviction shall be and not to be discharged from thence till he or they have given sufficient Sureties for their Good-behavior for one whole year next ensuing after his or their Enlargement 13 Car. 2. St. 2. C. 1. § 10. N. 2. And from and after the Expiration of the said respective Commissions Coporation viz. for regulating of Corporations March 25. 1663. the said three Oaths viz. of Allegiance Supremacy and against taking up Arms against the King c. and Declaration viz. that no Obligation lyeth on any by the solemn League and Covenant shall be from time to time administred c. by such c. persons respectively who by the Charters or Vsages of the said respective Cities Corporations and Boroughs and Cinque-Ports and their Members and other port-Port-Towns ought to administer the Oath for due executing the said Places c. viz. of Mayor Alder-men Recorder Bailiffs Town-Clerks Common-Council-men c. § 10. N. 3. And in default of such by two Iustices of the Peace of the said Cities Justices c. for the time being
if any such there be or otherwise by two Iustices of Peace for the time being of the respective Counties where the said Cities c. are § 11. N. 1. And be it likewise Enacted c. that the said Commissioners Oath Iustices of the Peace and other persons hereby authorized to administer the said Oaths and tender the said Declaration respectively shall cause Memorandums or Entries to be made of all Oaths taken before them and subscriptions made as aforesaid and deliver the same once in a Year to the respective Town-Clerks or other Register or Clerk of the said respective Cities c. who shall cause the same to be fairly Entred into the Books or Registries belonging to the said respective Cities c. Religion And it is Ordained c. that all and every Iustice of Oyer and Terminer 13 14 Car. 2. C. 1. § 3. N. 1. Iustices of Assize and Goal-delivery and the Iustices of the Peace shall have full Power and Authority in every of their open and General Sessions to Inquire Hear and Determine all and every the said Offences viz. of Quakers refusing Oath lawfully tendered or assembling above Five for Religious Worship c. within the limits of their Commission to them Directed and to make Process for the Execution of the same as they may do against any Person being Indicted before them of Trespass or lawfully Convicted thereof Imprisonment And be it also Enacted That it shall and may be lawful to and for any Iustice of Peace Mayor or other Chief Officer of any Corporation § 4. N. 1. within their several Iurisdictions to Committ to the Common Goal or bind over with sufficient Sureties to the Quarter-Sessions any Person c. offending in the Premises in order to his or their Conviction aforesaid Wayes And for the more spéedy reformation C. 2 § 24. N. 1. c. viz. of Paving the Streets hanging out Lights carrying away Dust and Hackney-Coaches c. Be it further Enacted c. That every one of his Majesties Iustices of either Bench and Barons of the Exchequer and every Iustice of Peace of the said Cities of London and Westminster c. within their several Limits respectively shall have Power and Authority upon his own Knowledge or View confession of the Party or proof of one credible Witness upon Oath before him which Oath by vertue of this Act such Iustice shall have Power to Administer to Convict any Person or Persons of any the Offences aforesaid whereby such Person or Persons so Convict shall Incur the Penalties and Forfeitures aforesaid one Moiety whereof shall be disposed and imployed for and towards the Reparation Paving and cleansing of the Stréets or Place where the Offence shall be Committed and as much or all of the other Moiety as the Iustices shall think fit for him or them that shall discover and prosecute the same in case the said Conviction be by such Discovery and Prosecution Process And if the Conviction be by the View or Knowledge of such Iustices N. 2. then the said whole Penalty to go and be Imployed for and towards the Repairing Paving and Cleansing of the said Stréet or Place shall be Levied by Distress and Sale of the Goods and Chattels of the Offender by Warrant under the Hand and Seal of any such Iustice to be directed to the Constable or any other Officer of the same Parish rendring the overplus to the Party and in default of Distress or not payment of the said Penalties within six dayes after demand thereof or notice in Writing left at the House or Dwelling place of the Offender by the said Constable or any other Officer the said Offender not being a Peer of this Realm shall be committed to the Common Goal of the said County or City respectively by the Warrant of any such Iustice under his Hand and Seal there to remain without Bail or Mainprise until payment Taxes And be it further Enacted § 26. N. 1. c. That within Twenty dayes after the Election and Confirmation of the said Scavengers c. the Constables Church-wardens and Overseers for the Poor and of the High-wayes of the said Parishes and Places respectively or the greater number of them giving notice unto or calling together such Inhabitants of their respective Parishes as have formerly born the like Office therein they or the greater number of them then present shall make and settle a Tax Rate or Assessment according to a pound rate to be imposed or set upon the Inhabitants of the said Parish Ward or Division for the Year following for the purposes aforesaid which being allowed and confirmed by any two of the Iustices of the Peace of the Places aforesaid respectively shall be Quarterly paid by every respective Inhabitant upon demand made thereof by the Beadle of the Parish or other Officer appointed to Gather and Collect the same Process And in case of refusal or neglect N. 2. shall by Warrant of any two Iustices of the Peace under their Hands and Seals be levyed by Distress and Sale of the Offenders Goods and for want of Distress by Imprisonment of the Offender c. War And the said Account so to be taken viz. by the Lieutenants C. 3. § 12. N. 2. c. of the Militia of the Treasurers Receivers c. shall be forthwith certified to the Lords of His Majesties most Honourable Privy Council and a Duplicate thereof shall be Certified to the Iustices of Peace at the next General Quarter Sessions § 19. N. 2. Which Oathes viz. of Allegiance and Supremacy Oaths and against taking Arms against the King c. any one Iustice of Peace of the respective Counties and Places aforesaid is Enabled to Administer to such respective Lieutenant viz. of the County before he act in Militia c. as is not a Peer of this Realm and the said Lieutenant or any one Iustice of the Peace of the respective Counties and Places aforesaid is Enabled to Administer to the respective Deputy-Lieutenants not being Péers c. C. 4. § 7. N. 2. Viz. Parson having Curate shall in Person read Common Prayers Religion c. upon pain to forfeit the Sum of Five Pounds to the use oft he Poor of the Parish for every Offence upon Conviction by Confession or Proof of two credible Witnesses upon Oath before two Iustices of the Peace of the County City or Town Corporate where the Offence shall be committed which Oath the said Iustices are hereby Impowered to Administer and in default of payment within ten dayes to be levied by Distress and Sale c. by the Warrant of the said Iustices c. § 21 N. 1. And that any two Iustices of the Peace of any County of this Kingdom Imprisonment c. and the Mayor or other Chief Magistrate of any City or Town Corporate within the same upon Certificate from the Ordinary of
the Place made to him or them of the Offence Committed shall and are hereby required to Commit the Person or Persons so Offending viz. Preaching Lecture or Sermon while dissable by this Act of Uniformity to the Goal of the same County City or Town Corporate accordingly C. 5. § 3. N. 3. Which By-Laws Rules and Ordinances Drapery viz. by the Wardens and Assistants of the Weavers of Norwich Stuffs c. being Ratified and Confirmed by the Mayor and two Iustices of the Peace of the said City and County of Norwich for the time being and thrée other Iustices of Peace of the said County of Norfolk whereof one to be of the Quorum shall be published four times in the Year at the least at four publick Assemblies for the said Trade and Manufacture and shall be obeyed and kept by the several Persons within and under the said Regulation § 14. N. 1. And that if any Person shall Counterfeit any Seal of the said Trade Forfeiture viz. of Norwich Stuffs weaving c. or shall Seal any piece of Stuff under the Regulation with any counterfeit Seal or shall remove a Seal off one piece and set it unto another piece which hath not been Sealed by the Wardens c. and being thereof Convicted by his own Confession or by the Oath of two or more Witnesses to be taken before the Mayor of the said City or his Deputy or any one Iustice of the Peace of the City of Norwich or County of Norfolk who respectively have hereby power to Administer an Oath for that purpose shall forfeit c. xx l. § 19. N. 2. And that if any Person c. shall refuse hinder Process or will not permit the said Wardens or Assistants or any two or more of them to Exercute their Office according to the Tenure of this Act c. being thereof Convicted by the Oath of one or more credible Witnesses before the Mayor c. or his Deputy or any one Iustice of Peace of the said City of Norwich or County of Norfolk respectively who are hereby Authorized to Administer such Oath shall forfeit the Sum of xl s. c. § 20. N. 2. Which said Penalties and Forfeitures Forfeiture together with all other Fines and Penalties which are appointed to go to the Poor of the Trade and Manufacture or for the use thereof mentioned in this Act the means of recovery of which is not already otherwise herein provided and set forth shall be levied by Distress and Sale of the Offenders Goods and Chattels by Warrant to be granted by the said Mayor or his Deputy for the time being or any one Iustice of Peace of the City of Norwich or County of Norfolk c. C. 6. § 3. N. 5. And every such Assessment so made viz. by the Surveyers of High-wayes Taxes with two Househoulders of the Parish Vill. c. shall within six dayes after be presented to some Iustice of the Peace near adjoyning to the Parish where it is made to be seen allowed and signed by him N. 6. And after such allowance every Person so Assessed Process c. That shall not within twenty dayes after demand made by the Surveyers or one of them pay such Sum c. shall forfeit and pay double c. unless upon complaint made to the said Iustice of wrong done to such Person by that Assessment the said Iustice shall think fit to alter the same Justices And if any Question shall arise about the value or worth of such work § 4. N. 3. or labour or Man and Team viz. in High-wayes c. some Iustice of the Peace near adjoyning and not living in the said Parish shall determine what is fit to be allowed for such work Wayes And be it further Enacted c. That it shall and may be lawful § 6. N. 1. to and for the said Surveyers of the High-wayes for the time being of every such Parish Town Village or Hamlet within their several Precincts from time to time by Order from the Quarter Sessions and upon the View and by the Allowance and Consent of two or more Iustices of the Peace of the County Authorized thereunto by the Sessions wherein such Parish Town Village or Hamlet shall lye under their Hands and Seals in Writing where any Common or Publick Highway is not of the breadth of Eight Yards from the Shores and Banks of the Ditches on either side or from the Banks and Hedges where there are no Ditches to assign and lay out so much of any Mans several Lands next adjoyning to the said Common and Publick Highway where they shall think it néedful and it may conveniently be done as shall enlarge the said way to the full bredth of Eight Yards or so much broader towards the bredth of Eight Yards then now it is as conveniently the place will bear from the said Shores Ditches Banks or Hedges by the consent of the owner or owners of the said Lands according to his or their respective Interests therein or otherwise by Order of the Iustices of Peace at their Quarter Sessions after a Writ of ad quod Damnum first Issued out and returned to assign and lay out a more near and commodious way in and over the said Lands near adjoyning to the said common and publick Highwayes the said Surveyers first giving such satisfaction for the said Ground unto the respective Owners of the same according to their several and respective Interest in the whole not exceeding twenty years purchase Forfeitures And viz. all Assessments Fines and Penalties for the Highwayes § 12. N. 2. c. be Levied Collected and Gathered by the said Surveyers or any of them by Warrant under the Hands and Seals of any two Iustices of the Peace within the County City Riding Town Corporate Liberty or Limit wherein the same lieth by Distress and Sale of the Goods c. Account And if the said c. Surveyors shall not make such an Account § 13. N. 3. and Payment c. viz. within the year following new Election c. any two Iustices of the Peace living near to or in the said Parish shall and may upon Complaint unto them made Examine the business upon Oath and upon default found in the Surveyor c. shall and may commit him or them to the Common Gaol of that County City Riding Town Corporate Liberty or Limit there to remain until be hath made a true and perfect Account and Payment c. Justices And be it further Enacted That all and every Iustices of Assize § 14. N. 1. Oyer and Terminer and Iustices of the Peace c. are hereby Enabled and Impowered to Inquire after Hear and Determine all matters concerning charitable Gifts for the Making Amending and keeping in Repair any Common High-wayes Pavements Streets and Caus-wayes within the Limits of their Commisson and to make Orders therein for the
Hemp-dressing Netts and Tapestry hangings c. shall c. taking the Oaths of Allegiance and Supremacy before two Iustices of the Peace near unto their Dwellings who are hereby Authorised to administer the same enjoy all priviledges whatsoever as natural-born Subjects Common Provided also and be it further Enacted c. That if any C. 17. § 53. N. 1. c. having a right of Common in any of the Mannors Wasts Commons or Lands within the said Great Level of the Feus called Bedford Level or any other Person or Persons whatsoever at any time after such Division or Inclosure made or set out as aforesaid viz. by Commissioners c. shall break throw down disturb obstruct or by any means hinder or lay open the said Improvements and Inclosures at in or after the making thereof or the Hedges Ditches or Fences of the same or any part thereof shall destroy and shall be thereof Convicted by two Credible Witnesses upon Oath before two Iustices of the Peace of the County where such disturbance or destruction shall be made every such person c. shall forfeit for every such Offence xx l. to be Levied by distress upon the Goods and Chattels of every such Offender c. by Warrant under the Hands and Seals of the said Iustices of the Peace before whom such Conviction shall be made c. or for want of sufficient Distress the Offender shall be Committed to the House of Correction or Common Goal for Thrée Months without Bail or Mainprise at the said Iustices discretion Statuta 16 Car. 2. 16. Car. 2. 3. § 2. N. 7. ANd if they viz. the Officers for search and view of Fire-Hearths c. shall find any Variance in the Number retorned both the Officer Taxes c. and the Constable or Tythingman c. to certifie the same under his and their Hands to the Clerk of the Peace which Certificate they are hereby enjoyned to make N. 8. And after approbation thereof by the Iustices of Peace at their Sessions Certificate the same shall be Certified to his Majesties Remembrancer in the Exchequer § 4. N. 2. And in Case of violent opposition or Injury done by any Peace to any such Officer or his Deputy in the due Execution of this Act and the same proved by Oath before any one Iustice of the Peace or Chief Magistrate c. of the City Town or Place Dwelling near unto the Place who are hereby Authorized to Administer the said Oath It shall and may be lawful to and for such Iustice of the Peace c. or Magistrates to punish such Offender c. if he shall find cause by Imprisonment in the Common Goal for any time not exceeding the space of one month â—§ 8. N. 1. And if any Question or difference shall arise about the taking any distress or levying any Money by Vertue of this Act viz. of Fire-Hearths Process c. the same shall be heard and finally determined by one or more of the Iustices of the Peace near adjoyning or Chief Magistrate of the Place respectively upon complaint in that behalf § 9. N. 2. And the Iustices of Peace and Chief Magistrates Constables and other his Majesties Officers within their several Limits and Iurisdictions Justices are hereby Authorized and required to give assistance from time to time to such Officers as shall be appointed c. for the Collecting of the said Duty c. § 10. N. 1. Provided that no person Taxes c. shall be questioned for any Arrears due on or before our Lady day c. viz. 1664. who shall produce to the Collector a Certificate approved or to be approved of by the two next Iustices of the Peace for their Exemption from the said duty for that time according to the rules prescribed in the said first recited Act. viz. 13 14. Car. 2. 10. N. 2. Nor any Person who hath truly paid the said duty and shall if it be required Proof make proof thereof before any one Iustice of the Peace or other Chief Magistrate of the Peace c. C. 4. § 3. N. 1. Be it Enacted Religion c. That if any Person of the Age of Sixtéen years or upwards being a Subject of this Realm c. shall be present at any Assembly Conventicle or Méeting under colour or pretence of any Exercise of Religion in other manner then is allowed by the Liturgy or practice of the Church of England c. at which Conventicle c. there shall be five Persons or more Assembled together over and above those of the same Household then it shall and may be lawful to and for any two Iustices of Peace of the County Limit Division or Liberty where such Offence aforesaid shall be Committed or for the Chief Magistrate c. if it be within a Corporation where there are not two Iustices of the Peace and they are hereby required and enioyned upon proof to them or him respectively made of such Offence either by Confession of the Party or Oath of Witnesses or notorious Evidences of the fact which Oath the said Iustices of the Peace and Chief Magistrate respectively are hereby Impowered and required to administer to make a Record of every such Offence and Offences under their Hands and Seals respectively N. 2. Which Record so made as aforesaid Process shall to all Intents and purposes be in Law taken and adjudged to be a full and perfect Conviction of every such Offender for such Offence and thereupon the said Iustices and Chief Magistrate respectively shall commit every such Offender so Convicted as aforesaid to the Goal or House of Correction there to remain without Bail or Mainprise for any time not excéeding the space of thrée months unless such Offender shall pay down to the said Iustices or Chief Magistrate such Sum of Money not excéeding Five pounds as the said Iustices or Chief Magistrate who are thereunto Authorized and required as aforesaid shall fine the said Offender at for his or her said Offence c. Indictment And be it further Enacted c. that if any § 4. N. 1. c. shall at any time again Commit the like Offence c. then such Offender so Convict of such second Offence shall Incur the penalty of Imprisonment in the Goal or House of Correction for any time not excéeding Six months without Bail or Mainprise unless such Offender shall pay down to the said Iustices or Chief Magistrate such Sum of Money not excéeding Ten pounds as the said Iustices or Chief Magistrate c. shall Fine the said Offender at c. Imprisonment And be it further Enacted c. That if any such Offender so Convicted of a second Offence c. shall at any time again Commit the like Offence § 5. N. 1. c. then any two Iustices of the Peace and Chief Magistrate c. shall Commit every
special matter in Evidence N. 2. And if the Verdict be found for him or the Plaintiff become Non-suited Damages shall recover his Damages and double Costs of Suit for his unjust vexation in that behalf C. 3. § 3. N. 1. Be it further Enacted that every Sheriff shall on the first day of every General Quarter-Sessions yearly held next after the Feast of Easter Inquest deliver and cause to be delivered unto the Iustices of Peace sitting at the same Sessions the names of all Persons of such Estates viz. xx l. per Annum in England and viij l. per Annum in Wales as are by the true meaning of this Act to be Returned for Iury-men to the end the Estates of such Persons may be enquired after and such Persons approved by the said Iustices of Peace or the greater number of them then present to be Persons of such Estates to be retornable for Iury-men for the year then next ensuing N. 2. And the said Iustices shall have power to add such Persons having Estates of the respective values before mentioned Justices as they shall find to be omitted by the Sheriff amongst the Names by him delivered and such a Competent number and no more of such Persons as aforesaid shall be retornable to serve of Iuries for the year next Ensuing as the said Iustices or the greater number of them as aforesaid shall think fit Statuta 17 Car. 2. Religion VIz. Non-Conformist Parson not to come within five miles of City 17 Car. 2. 2. § 3. N. 4. Town Corporate or Borough that sends Burgesses to Parliament or of place where he was Vicar or Preacher c. before he or they have taken and subscribed the Oath aforesaid viz. against taking Arms against the Kings Commissioner before the Iustices of the Peace at their Quarter-Sessions to be holden for the County Riding or Division next unto the Corporation City or Borough Parish Place or Town in open Court which said Oath the said Iustices are hereby Impowred there to Administer Forfeiture Vpon Forfeiture c. of xl l. c. one third c. to the King N. 5. c. the other third c. to the use of the Poor c. and the other third c. to such c. as shall or will sue for the same c. before any Iustices of Peace in their Quarter-Sessions c. Imprisonment Provided also and be it further Enacted § 5. N. 1. c. That it shall be Lawful for any two Iustices of the Peace of the respective County upon Oath to them of any Offence against this Act which Oath they are hereby Impowered to Administer to Commit the Offender for six months without Bail or Mainprise unless upon or before such Commitment he shall before the said Iustices of the Peace swear and subscribe the aforesaid Oath and Declarations viz. of Conformity and against taking Arms c. Statuta 18 Car. 2. Cattle VIz. any Constable c. may seize Cattle alive or dead fat or lean Imported 18 Car. 2. 2. § 1 N. 4. c. and kéep the same during the space of Eight and Forty hours in some publick or convenient place where such seisure shall be made within which time if the owner c. or any for them c. shall make it appear unto some Iustice of the Peace of the same County where the same shall be so seised by the Oath of two credible Witnesses which Oath the said Iustice of Peace is hereby Impowered and required to Administer that the same were not Imported from Ireland or from any other place beyond the Seas not herein after excepted after the said second day of February then the same upon the Warrant of such Iustice of the Peace shall be delivered without delay 20 Car. 2. 7. § 5. N. 3. Scotland Be it therefore Enacted c. That the said Act C. 3. § 1. N. 2. viz. 13 14 Car. 2. 22. and every Clause c. therein contained and all and every the Powers and Authorities thereby given be continue and remain in force until the end of seven years from the Expiration or Determination of the forementioned Act 29 30 Car. 2. 2. Clergy And be it further Enacted § 2. N. 1. c. That the benefit of Clergy shall be taken away from great known and notorious Thieves and Spoil-takers in the said Counties of Northumberland Cumberland or either of them during the continuance of this present Act who shall be duly Convicted for theft done or committed within the said Counties or either of them Ouster le nere Or otherwise That it shall and may be lawful to and for the Iustices of the Assize and Commissioners of Oyer and Terminer or Goal Delivery N. ◠before whom such Offenders shall be Convicted within the said Counties or either of them to Transport or cause to be Transported the said Offenders and every of them into any of his Majesties Dominions in America there to remain and not to return c. C. 4. § 1. N. 3. None to be Buried but in Woollen only Drapery c. upon pain of the Forfeiture of the Sum of Five pounds c. to be levied by the Church-wardens and Overseers of the Poor c. by Warrant from any Iustice of the Peace or Mayor Alderman or Head Officer of such City Town or place Corporate respectively within their several Limits by Distress and Sale of the Goods of the Party Interred contrary to this Act c. or in default thereof by Distress and Sale of the Goods of any that had a hand in the putting such Person into such Shift Shirt Shéet or Coffin contrary to this Act or did order or dispose the doing thereof Statuta 19 Car. 2. 19 Car. 2. 3. § 3. N. 2. ANd if any c. shall presume to build Contrary London c. viz. against the rules for Rebuilding the City of London and be Convicted of the same by the Oaths of two or more Credible Witnesses to be taken before the Lord Mayor for the time being or any two or more of the Iustices of the Peace for the said City who are hereby Impowered to Administer the same Oaths that then and in such Case the said House so irregularly built c. shall be déemed as a Common Nusance C. 4. § 1. N. 2. For remedy c. be it Enacted Poor c. That the Iustices of the Peace of the respective Counties viz. where Poor Prisoners have no Work c. at any their General Sessions or the major part of them then there Assembled if they shall find it needful so to do may provide a stock of such Materials as they find convenient for the setting Poor Prisoners on work in such manner and by such wayes as other County Charges by the Laws and Statutes of the Realm are and may be levied and raised and
such Order touching the same as the Iustices shall then make and upon his refusal so to be bound to commit to the Goal there to remain without Bail or Mainprise until he shall become bound by such Recognizance N. 3. And at the said Quarter-Sessions whether he shall there appear or make default Process yet the Iustices then shall summarily procéed to the Examination of the matter complained of and if upon Oath of one or more Witness or Witnesses or any other Evidence the Court shall be satisfied that he doth unjustly detain any such Monies the Court shall adjudge and order the payment of the same presently together with the penalty hereby appointed for not paying thereof and such Costs for the prosecution of the same as the Court shall think fit and if he shall not presently pay the same accordingly to the said Chamberlain of London or his Attornies or Agents or some of them shall Commit him to the Goal if he be there present there to remain without Bail or Mainprise until he shall observe the said Order of Sessions N. 4. And if he shall be absent That then they shall grant their Warrant for the Apprehending or Committing of him to the Goal Imprisonment there to remain until he pay the Money so ordered and that if he cannot be taken then for the distraining of his Goods and Chattels and sale of the same rendring the overplus whereby the Monies so ordered may be answered and paid N. 5. And that the definitive Order of the said Iustices shall be final as touching the matter complained of or contained in such Order Certiorari from which there shall be no Appeal or Review nor shall any Writ of Error or Certiorari lye for the Removal or Reversal of the same nor shall the same be any wayes Impeached C. 17. 11 § 6. N. 1. And that the Parties offending therein viz. not yielding obedience to Orders in London for Drayning Paving and other works c. contrary to this Act London shall and may be procéeded against and thereof Convicted by Indictment at the next Sessions of the Peace to be held for the said City and Liberties thereof according to his or their several Offences unless they shall submit to the Iudgment and Censure of the Persons so to be Authorized and Appointed as aforesaid or any Seven or more of them and shall satisfie and pay such mulct or penalty as by them shall be Set and Imposed for such Offence into the Chamber of the City of London c. Poor And that the Officers of the said Corporations Erected and Constituted viz. for the Poor by 13 14 Car. 2. 12. in pursuance of the said Act C. 18. 12 § ◠N. 3. and their Treasurers shall make and give Quarterly Accounts to the Iustices of the Peace who are hereby required to demand and call for the said Accounts and are not to raise any more Monies upon any new Certificates whatsoever until there be a just Account given to and allowed by the Iustices of the Peace aforesaid according to the true Intent and meaning of the said former and this present Act. License And be it further Enacted that no Drover from and after c. viz. 24 June Cap. 19. 18. 1671. shall be licensed appointed or assigned by the Iustices of Peace in their Quarter-Sessions or otherwise within London and Westminster or fourscore Miles c. and that all such Licenses shall be null and void any former Law c. notwithstanding Justices And that c. viz from 24. June § 5. N. 1. 1671. It shall not be lawful for any Iustices of the Peace at their Quarter-Sessions or otherwise to License any Person to be a Drover who doth use or Exercise the Profession or Trade of a Grasier or Butcher nor any other Person or Persons whatsoever unless the Person or Persons so Licensed shall become bound to his Majesty his Heirs and Successors with two sufficient Sureties of the same County Division or Place where such License shall be obtained by a Recognizance in such Sum as the said Iustices shall think fit not to sell any Cattel by him or them to be bought within the distance of sixty miles from the place where he bought the same Recognizance And that the Person so Licensed shall be known to the said Iustices or some of them to be of sufficient Estate and Ability to answer the Penalty of such Recognizance in case he shall Incur the forfeiture thereof N. 2. Information But nevertheless for preventing of vexatious Informations and Prosecutions by Colour of this Act. § 7 N. 1. Costs Be it further Enacted N. 2. That if upon any Information or other Prosecution grounded upon this Act it shall appear to the Iustices before whom the said Cause shall be brought that any such Information or Prosecution was promoted only for vexation and without any reasonable Cause the said Iustices shall and are hereby required by vertue of this Act to Award to the Party so unjustly accused or prosecuted treble Costs to be occasioned by such vexatious Prosecution the same to be recovered by Action of Debt or upon the Case wherein no Essoin Protection or Wager of Law shall be allowed Cattle And be it further Enacted § 8. N. 1. c. that the Iustices of the Peace in every County Riding Division City or Town Corporate within the Kingdom of England Dominion of Wales or Town of Berwick upon Tweed at their Quarter-Sessions shall have full Power and Authority by vertue of this Act to enquire hear and determine all and every the Defaults and Offences in buying or selling of Cattle committed contrary to this Act or any other Law or Statute now in Force within the County Riding Division City or Town Corporate where any such Offence shall be Committed by Inquisition Presentment Bill or Information before them exhibited and to make process thereupon Execution And upon Conviction of the Offender to make extracts of the one moiety of the Forfeitures to be Levied to the Kings use as they use to do of other Fines N. 2. Issues and Amercements grown in Sessions of the Peace and to award Execution of the other moiety to the Informer or Prosecuter by Fieri facias or Capias as the Kings-Bench at Westminster may do and use to do Certiorari And be it Enacted § 9. N. 1. c. That no Certiorari shall be allowed to remove any Information or other procéedings in the Quarter-Sessions for or concerning any matter or thing in this Act or before recited Acts viz. 2. 3. Ed. 6. 15. 3. 4. Ed. 6. 20. 15. Car. 2. 8. or any of them but the Iustices of the Peace then present shall procéed thereupon any Writ or Writs of Certiorari notwithstanding Imprisonment Be it therefore Enacted C. 20. 7. § 1. N.
2. c. That it shall and may be Lawful to and for any Iustice of the Peace of any County City Town or Liberty within c. viz. England Wales or Berwick by Warrant under his Hand and Seal to require the Sheriff Goaler or Kéeper of any Prison within his respective Iurisdiction to bring without delay the body of any Person being in Prison for Debt c. viz. on 14 April 1671. or Damages and petitioning such Iustice to be discharged to some Convenient place within the Distance of one mile from the said Prison N. 3. And shall certifie the Cause and Causes of the Imprisonment before the same Iustice Certificate § 2. N. 1. And in Case such Prisoner coming before such Iustice Oath shall take an Oath to this effect c. I A. B. upon my Corporal Oath solemnly profess and declare before Almighty God that I have not any Estate real or personal in Possession Reversion or Remainder of the value of Ten pounds in the whole or sufficient to pay the Debt or Damages for which I am Imprisoned N. 2. And that I have not directly or Indirectly sold leased Collusion or otherwise conveyed disposed of or entrusted all or any part of my Estate thereby to secure the same to receive or expect any profit or advantage thereof or defraud or deceive any Creditor or Creditors whatsoever to whom I stand Indebted § 3. N. 1. Then after the taking of such Oath Poor the said Iustice shall remand the Prisoner to Prison and shall give a Certificate thereof in Writing under his Hand and Seal to the same Prisoner to be served upon such Person c. his or her Executors or Administrators or to be left at the place of the usual abode of such Person c. at whose Suit the Prisoner standeth Charged and Imprisoned thereby appointing as well the said Person c. as the said Prisoner to appear before the Iustices at the next General Quarter-Sessions of the Peace to be holden for the same County City Town or Liberty N. 2. When if it shall appear upon Oath Execution which Oath the said Iustices are Impowered to Administer that the said Certificate was so served or left xl dayes or more before the said Sessions and that the said Oath taken by the said Prisoner be not disproved by good Testimony of any Credible Person c. upon Oath to be Administred by the said Iustices by vertue of this Act then the said Iustices being satisfied therewith shall direct their Warrant under their Hands and Seals commanding the said Sheriff Goaler or Kéeper of the Prison to set at Liberty and Discharge the said Prisoner if Imprisoned for the Causes aforesaid and no other without paying any thing for Fée or Chamber Rent N. 3. Which Warrant shall be a sufficient Discharge to the same Sheriff Escape Goaler or Kéeper of Prison and no Action of Escape or other Action shall be brought against them or any of them for the same in any wise § 4. N. 1. Provided also and be it Enacted c. That viz. after xl dayes Process and Oath not disproved then if such Creditor c. will not be satisfied therewith Poor that the said Prisoner c. may be set at Liberty or will Insist to have the said Prisoner continued in Goal that then the said Creditor c. shall at his and their own proper Costs and Charges allow and pay Wéekly a reasonable maintenance to the said Prisoner c. such as the said Commissioners of the Peace or any three of them in their respective Divisions shall order and appoint not exceeding xviii d. a-Week § 8. N. 1. Provided and be it Enacted c. That in Case any Sheriff Sheriff Goaler or Kéeper of Prison shall refuse or delay to bring or discharge or set at Liberty any Prisoner according to the Order of the Iustice or Iustices to be made in manner as aforesaid every such Sheriff c. shall forfeit and pay to such Prisoner detained contrary to such Order the Sum of One hundred pounds to be recovered by Action of Debt in any Court of Record and shall be also subject to any Fine and punishment as the said Iustices shall order or Award § 9. N. 5. Nor viz. Sheriffs Goalers or Keepers of Prisons c. shall not take nor receive any other or greater Sum c. viz. of Persons Arrested for Debt Fees for each Nights lodging or other Expenses then what is reasonable and fitting in such Cases or shall be so adjudged by the next Iustice of the Peace or at the next Quarter-Sessions § 10. N. 2. Nor shall demand take or receive of the said Person c. any other or greater Fée or Fées whatsoever for his her or their Commitment Imprisonment Release or Discharge or for his or their Chamber Rent then what is allowable by Law until the same shall be settled by thrée Iustices of the Peace whereof one to be of the Quorum of each particular County City and Town Corporate in their several Precincts and for the City of London and Counties of Middlesex and Surrey the two Lord Chief Iustices of the Kings-Bench and Common-Pleas and the Lord Chief Baron or any two of them and the Iustices of the Peace of the same in their several Iurisdictions Poor And likewise that the said Lord Chief Iustices Lord Chief Baron § 11. N. 1. and Iustices of Peace in their several Iurisdictions and all Commissioners for Charitable uses do their best endeavours and diligence to Examine and find out the several Legacies Gifts and Bequests bestowed and given for the benefit and advantage of the poor Prisoners for Debt in the several Goals and Prisons in this Kingdom and to send for any Deeds Wills Writings and Books of Accounts whatsoever and any Person c. concerned therein and to Examine them upon Oath and to make true discovery thereof which they have full Power and Authority hereby to do and the same so found out and ascertained to order and settle in some manner and way that the Prisoners hereafter may not be defrauded but receive the full benefit thereof according to the true Intent of the Donors Fees And that these Accounts of the several Legacies § 12. N. 1. Gifts and Bequests given and bestowed upon the several Prisoners for Debt within this Kingdom and the several Rates of Fées and the future Government of Prisons be signed and Confirmed by the Lord Chief Iustices and Lord Chief Baron or any two of them for the time being and the Iustices of the Peace in London Middlesex and Surrey and by the Iudges for the several Circuits and Iustices of Peace for the time being in their several Precincts and fairly written and hung up in a Table in every Goal and Prison before the first day of November 1671. and likewise be registred by each and every
Admiral Mariners Ships Seamen Captains Piracy Poor Souldiers Rogues Navy I. 2 Rich. 2. 4. § 1. N. 3. The King wills and commands all Sheriffs Seamen Mayors and Bailiffs within Franchises and without That at the certification of the said Admirals or their Lieutenants by their Letters thereof viz. Of Mariners departing the King's Service after Wages received to be made testifying the said proof viz. Before them shall incontinent without tarrying make another Commandment of the King our Sovereign Lord to take and attach all Fugitive Mariners by their body within their Bailywick within Franchise and without and put them in Prison there to abide in good and sure keeping till they have made gree to the King c. 18 H. 6. 19. II. By 18 H. 6. 19. § 1. N. 2. And that the Justices of Peace shall have power to enquire of Souldiers that depart from Captains beyond Sea Justices after Wages received c. and to hear and determine the same Ships III. 5 Eliz. 5. § 27. N. 2. That 18 H. 6. 19. in all Pains Forfeitures and other things did doth and hereafter shall extend as well to all and every Mariner and Gunner taking Wages of the King c. to all intents and purposes c. War IV. Lamb. 4. cap. 4. page 422. In charge to Jury at Sessions If any Souldier entred a Souldier of Record and having taken part of the Kings Wages or any Mariner or Gunner having taken prest Wages to serve the King on the Sea have not accordingly gone to his Captain unless he were letted by notorious Sickness c. or have departed from his Captain without his License under his Seal 18 H. 6. 19. 2 3 Ed. 6. 2. § 4. N. 1. 4 5. Ph. Mar. 3. § 2. N. 1. 5 Eliz. 5. § 27. N. 2. But consider whether this entring of Record have any use now Jurisdiction V. 5 Eliz. 5. § 30. N. 1. That all Offences of Transporting Sea-fish Prices Purveyans c. done upon the main Sea or Coasts being no part of the body of any County of this Realm and without the Precinct Liberty and Jurisdiction of the Cinque-Ports and out of any Haven or Pier shall be tryed and determined before the Lord Admiral of England or his Lieutenant or Deputy according to 28 H. 8. 15. for causes of Piracy Justices VI. 5. Eliz. 5. § 30. N. 3. And for all Offences of Transporting Sea-fish Prices eating Flesh Purveyans c. as shall be done in the Land or within any Haven or Pier all Justices of Peace in their Sessions and Mayors Sheriffs and Bailiffs and other head Officers in Cities and Towns Corporate in their Sessions or other Courts within the limits of their Commissions shall have full Power and Authority to enquire of the Offenders of this Act as well by the Oaths of 12 men as otherwise by Information and thereupon to hear and determine the same War VII 5 Eliz. 5. § 43. N. 1. Provided c. and be it enacted That no Fisherman using or haunting the Sea shall be taken by the Queens Commission to serve her Highness as a Mariner on the Sea but that the said Commission be first brought by her Highness Taker or Takers to two Justices of Peace next inhabiting to the Sea-Coasts Towns or other places where the said Mariners are so to be taken to the intent the said Justices may chuse out and cause to be returned such sufficient number of able men as in the said Commission shall be contained to serve her Majesty c. Lamb. 355. Dalt 86. cap. 34. Cromp. 200. License VIII West Sym. 2. part 128. Sect. 195. An Indictment for breaking of a safe Conduct granted by King H. 6. to Merchant-strangers of Genoua see 20 H. 6. cap. 1. Cromp. J. P. 240. b. Pl. 30. Essex ss Juratores pro Domino Rege super sacramentum suum presentant quod eum illustrissimus Princeps Henricus Rex Angliae sextus post conquestum per literas suas patentes sub salvo conductu suo concessit licentiam salvum conductum suum dedit A. B. D. aliis alienigenis mercatoribus de Genoua pro eis quadam Nav ' vocat ' a Carick pro bonis rebus merchandizis suis infra eandem Navem exist ' de transitu Portus Southampton in Anglia per mare versus partes Genoua transfretand ' eadem abfque aliquibus Roberiis fractione impeditione perturbatione aut captione ipsorum alienigenorum bonorum merchand ' sine mercimoniorum suorum predict ' per aliquos ligeos dicti Dom ' Regis infra Regnum dicti Regis Angliae gaudend ' sine impeditione ibid ' quidem H. de D. in Com' E. pred' Armig ' alii fractores salvi conductus Dom ' Regis de ligeis ipsius Dom ' Regis infra Regnum Angliae exist ' ignot ' vi armis viz. Gladiis c. aliis armis tam invasinis que defensibilibus armati salvum conductum pred' minime verentes spernentes in pred' A. B. alios alienigenos ad tunc ibid ' insult ' fecerunt ipsos verberaverunt vulneraverunt male tractanerunt ipsos in Nav ' pred' tanque eorum prisonarios ad tunc ibid ' ceperunt custodierunt eos in Prisona sub custodia sua Diu ' viz. per spatium 4 dierum quousque Iidem A. B. D. alii alien igine in eadem Navi existent ' finem redemptionem pro salvo conductu deliberatione suis habend ' pro sexcent marcis cum prefat ' H. aliis predict ' fecissent detinuerunt contra salvum conductum Dom ' Regis predict ' contra form ' Stat ' in hujusmodi casu promisi ac editi contra Dignitatem Regiam ac in malum exemplum aliorum c. Agait or Await see Coron Agnus Dei see Pope Ale Liquors Wine Beer Brewers Hostler Victuallers Inholders Excise I. 9 H. 3. 25. Magna Carta One Measure of Wine Measures shall be through Our Realm and one Measure of Ale II. Cromp. J.P. 94 Nota Exchequer that Popham Ch. J. said that the Measure of Wine and Ale should be all one and that it had been so agreed by the Justices viz. according to the Standard of the Exchequer see Magna Carta 26 25 and 15. R. 2. 4. see 1 Jac. 9. Alter for Ale Dalt 148. infra 80. III. Cromp. 94 b. ibid. But note that the Ale Quart is the greater Wine because the Froth will amount to a little and Wine Froths not and therefore there shall be a nick in the top of a Wooden Can whereby the Measure shall be to which nick the Beer shall come and this was told me by Mr. Wallis Clark of the Market to Queen Eliz. 25 Jac. 1588. IV. Lamb. 3. cap. 2. pag. 349. The authority of some two Justices of Peace the one being of
of them which manner is avowable also though not so assured as the former Lamb. 350. supra Dalt cap. 123. pag. 377. § 5. X. Dalt cap. 123. pag. 375. For the manner of this condition supra § 8. It is by the Statute 5. and 6. Ed. 6. 25. § 1. N. 4. partly referred to the discretion of such Justices of Peace as take such Reocgnizance or Bonds Recogn c. but Note that now there be divers Articles of far better direction published touching Ale-houses by Proclamation at New-Market the 19. of January 16 Jac Anno 1618. XI Dalt 123. pag. 375 First that the Justice of Peace of every County Justice City or Town Corporate within this Kingdom and Dominion of Wales do once every year in the Months of April and May Assemble themselves either at a special Sessions or such other Meeting as they shall appoint for that purpose respecting the ease and convenience of the people of the Countrey and there call before them or any of them whereof one to be of the Quorum all such persons as do sell Ale or Beer by retail in any place as well within Liberties as without within such County City or Town Corporate and then and there taking some Certificate and Information from men of trust who be persons of honest conversation and who not and to give Licence to such persons as they in their discretion shall think meet to keep common Ale-houses or Victualing-houses within the places where such persons dwell XII Dalt 375. ibid 2. That in Licencing of the said Victuallers and Ale-house-keepers Licence the form of the Recognizance and Condition § 8. fupra be used and none other XIII Dalt 376. ibid. 3. that every Ale-house-keeper and Victualer Bail so to be Licensed do inter into Recognizance with two able Sureties to be bound in 5. l. a piece and the Principal 10. l. at the least for the performance of the condition of the said Recognizance which shall endure but for one whole year and then to determine unless it shall seem fit to the Justices of Peace to renew the same again by taking a new Recognizance of the same condition whatsoever date the Recognizance shall have it is to endure but until the said Months of April and May or one of them XIV Dalt 377. ibid. 4. That the Clarks of the Peace Town-clarks Peace or their Deputies respectively be called to attend the Justices of Peace at their meetings or Assemblies and that they do there take the Recognizance aforesaid of every Victualler or Ale-house-keeper Licensed and do duly enter them amongst the Records of the Sessions of the Peace in their charge whereby his Majestie may be duly answered of the Forfeitures that shall be made of the Parties so bound XV. Dalt 377. ibid. 5. That the Clarks of the Peace Officer and Town-Clarks aforesaid or their Deputies shall within some convenient time after the taking of the said Recognizance fairly ingross the said Recognizance and Condition in Parchment which they shall keep as the Original and send a true copy of the said Recognizance examined with the said Original to every Ale-house-keeper allowed whereby he may the better inform himself what he and his Sureties are bound to observe Lamb. 351. supra XVI Dalt 377. ibid. 6. that the Clark of the Peace and Town Clarks or their Deputies do write out and bring with them to every Sessions of the Peace or other meeting of the Justices a Register-book containing the true names surnames and places where every Ale-house-keeper or Victualler that is Licensed doth dwell and to the end it may appear to the Justices of Peace who be Licensed and by whom and who be not and what other alterations have been from time to time for the placing of men of honest and good conversation and displacing of others of ill behaviour Fees XVII Dalt 377. ibid. 7. That the Clarks of the Peace and Town-Clarks and their Deputies may take of every Ale-house-keeper for their Fee for performing the service aforesaid at the time of the acknowledgment of the said Recognizance the Fee of 18 pence and no more over and above the Fee of 12 pence allowed for the Justices Clarks by the Statute 5 and 6 Ed. 6. 25. § 1. N. 5. which shall be paid to the said Justices Clarks Lamb. 365. 431. Appearance XVIII Dalt 377. ibid. 8 that in case the Ale-house-keeper not knowing of the Justices meeting or being hindred by sickness or other such like impediment shall fail of admittance at the General or Publick Assemblies and shall notwithstanding be admitted or Licensed by two Justices of the Peace whereof one to be of the Quorum the Recognizance with Condition fairly ingrossed in Parchment in the Form prescribed as aforesaid shall forthwith or at the next Sessions at the farthest be returned to the Clark of the Peace or the Town-Clarks respectively under the Hands of the Justices under whom § 29 such Recognizances were taken together also with the said fee of eighteen pence for the entry registring making and delivering of a copy under his hand to the Ale-house-keeper as aforesaid Licene XIX Dalt 378. ibid. 9. That none be licensed or allowed to keep an Alehouse that hath not one convenient Lodging at least in his or their Houses for the lodging of any Passenger or Traveller and to have always in her or their Houses good and wholsom small Beer or Ale of two quarts for a peny for the relief of the Labourer Traveller or others that call for the same Dalt 28. cap. 7. Justices XX. Dalt 378. ibid. 10. That the Justices of Peace within their several Precincts do not permit or suffer any unlicensed Alehouse-keeper or Victualler to sell Beer or Ale but that they proceed against them by all due and lawful means whatsoever and that they be very careful from time to time to cause the Brewers to be proceeded against in their General Quarter-Sessions for delivering Beer or Ale to such unlicensed person according to the Statute Recognizance XXI Dalt 378. ibid. 11. That the Clerks of the Peace or Town-Clerks respectively do once every year in Trinity-Term make and bring in a brief of all such Recognizances as shall be taken within every County City or Town-Corporate into the Office of the Patentees appointed by them to that purpose to the end all the concealments of Recognizances in that behalf may be discovered and the benefit accruing to His Majesty by such as wilfully break the same may be more duly prosecuted Of which that His Highness be not defrauded order is given to the Patentees that with the allowance of the Chief Justice of the Kings Bench there be appointed Committees in every County for the recovery thereof from time to time Justices XXII Dalt 378. ibid. 12. That the Justices of Assize in their Circuits and the Justices of Peace at their General Sessions of the Peace do from time to
most part of them being present at the Easter Quarter Sessions and only of such Vessels as shall be made or sold out of Cities or Corporate Towns Crompt 93. LXXXII 11 H. 7. 2. § 1. N. 13. And that it shall be Lawful for two of the Justices of the Peace whereof one shall be of the Quorum Justices within their Authority to reject and put away Common-Ale-selling in Towns and Places where they think convenient and to take sureties of the Keepers of Ale-houses of their good behaviour by the discresion of the said Justices and in the same to be advised and agreed at the time of their Sessions supra 41. LXXXIII West Symb. 2. part 96. Sect. 71. Lisence An Indictment for keeping an Ale-house or Tipling-house Juratores pro Dom. Rege sup sacramentum suum presentant quod A. B. de C. in dict Com. Yeoman Essex ss 10 die Mensis Octob. Anno Regni Dom. nostri c. continue multis diebus postea viz. usque XXXI diem dicti Octob. Anno supradict apud C. predict in com predict obstinate atque ex authoritate propria ipsius A. B. fine ulla Justiciariorum pacis dict Dom. Regis in Com. predict admissione aut allocatione assumpsit sup se custodire custodim unam communem tavernam Anglice vocat a common Tipling-house ibidem dicto xx die dictis diebus tunc postea communiter publice vendidit cervicium potum Anglice dictum Ale and Beer diversis dicti dom Regis ligeis subditis in dicti Domini Regis contemptum ac contra formam cujusdam Statut. in Parliamentum Ed. nuper Regis Angliae sexto tentum apud Westminster Anno Regni dicti domini Ed. quinto in hujusmodi casu provisi ac Editi Lamb. Presid 18. b. pl. 50. 5. 6. Ed. 6. cap. 25. Victuals LXXXIV Note that 1 Jac. 9. For restraint of inordinate Haunting and Tipling in Inns Ale-houses and other Victualing-houses was made to continue only to the end of the first Session of the next Parliament but is made perpetual by 21 Jac. 7. § 1. N. 1. And as Mr. Chamberlains last Compleat Justice pag. 9. saith is without doubt perpetually in force notwithstanding it be only continued by 21 Jac. 28. § 1. N. 29. 61. unto the end of the first Sessions of the next Parliament not only because this continuance is only affirmative and so takes not away the force of any former Statute which were sufficient alone notwithstanding 1. Car. 1. cap. 4. which is expresly for further restraint of Tipling and refers to 1 Jac. 9. c. but also because since that Act of 1 Jac. 9. though that be about the same matter as 1 Jac. 9. Yet by 1. Car. 1. cap. 7. § 3. N. 4. The Statute 1 Jac. 9. c. is inclusively continued until some other Act be made touching the continuance or discontinuance of the same by vertue whereof 1 Jac. 9. is also in force to this day for no Act is made touching that matter since Shiriff LXXXV 22. and 23. cor 2. cap. 20. 7 § 9. N. 2. For remedy of abuses by Bayliffs c. It is Enacted that if any Undersheriff Bayliff Serjeant at Mace or other Officer or Minister whatsoever shall at any time hereafter have in his custody any person by vertue or Colour of any Writ Process or other Warrant whatsoever It shall not be Lawful for such Officer to convey or cause the said person to be conveyed to any Tavern Ale-house or other publick Victualling or Drinking-house without the free voluntary consent of the said person so as to charge such Prisoner with any sum of Money for any Wine Beer or Ale Victualling Tobacco or any other things whatsoever but what the said person shall call for of his own accord 2. Hereupon Mr. Chamberlain in his compleat Justice page 9 10. well infers that Ale-houses of Bayliffs Serjeants c. are very mischevous and to be considered of and Dalt 31. saith such are not fit to be Licensed Supra 60. Measures LXXXVI West Symb. 2. part 137. Sect. 238. An Indictment of Selling Ale in Kilderkins 23 H. 8. 4. § 4. N. 1. Bucks ss Juratores pro dom Rege super sacramentum suum presentant quod I. R. de C. in Com. B. predict ' Pandoxator A. L. de eadem C. predict ' Beer Seller sunt Communes Pandoxatores in C. predict ' 10 die c. Anno Regni c. ac diversis aliis diebus ac viribus tam antea quam postea vendiderunt Cervisium Cervisiam per diversa vasa illicita vocat Kilderkins tam magna quam parva contra formam Statutorum inde edita ad grave dampnum populi Domini Regis c. LXXXVII West Symb. 2. part 96. Sect. 71. An Indictment for keeping an Ale-house or Victualling-house against 5 and 6 Ed. 6. 25. § N. Essex ss Juratores pro dom Rege super sacramentum suum presentant quod A. B. de C. in dicto com E. Yeoman 20 die Mensis Octob. Anno Regni dom nostri c. continue multis diebus postea viz. usque ad primum diem dicti Mensis Octob. Anno supradict ' apud C. predict ' in Com' predict ' obstinate atque ex autoritate propria ipsius A. B. sine ulla Justiciariorum pacis dicti Dom ' Regis in Comitatu predict admissione aut allocatione assumpsit super se Custodire Custodivit unam communem Tabernam Anglia vocat a common Tipling-house ibidem dicto 20 die dictis diebus tunc postea communiter publice vendidit Cervisium Potum Anglice dict Ale and Beer diversis dicti Dom ' Regis ligeis subditis in dicti Dom ' Regis contempt ' contra formam cujusd ' Statut ' in Parl ' Dom ' Ed ' nuper Regis Angliae 6. tent ' apud Westm ' in Com. Middlesex Anno Regni dicti Dom ' Regis Ed ' quinto in hujusmodi casu provisi edit Lamb. preced ' 18. pl. 50. â—â—mâ—s LXXXVIII West Symb. 2 p. 109. b. Sect. 121. Indictment against a Tipler on 33 H. 8. 9. § 11. N. 1. for keeping a Bowling-alley c. Lamb. Precedents 18. b. pl. 51. Juratores pro Dom. Rege super sacramentum suum presentant quod A. B. de C. in Com' E. predict ' Tipler 2 die Septemb ' Anno Essex c. continne post dictum diem Anno supradict ' usque primum diem Mensis Octob. Anno supradict apud C. predict in Com. E. predict ' quendam communem locum jaciendi Glebos Anglice vocat a common Bowling-alley prolucro ipsius A. B. proprio ad ludendum tunc ibidem cum Globis Anglice vocat ' Bowls illicite tenuit Custodivit ac manutenuit contra formam cujusd ' Statut ' in Parl ' Dom. Henrici nuper Regis Angliae 8. Anno Regni sue 33. in hujusmodi casu provisi
the making thereof II. Hetley 164. pl. 351. Browns Ca. Hill 6. Car. 1. Husbandry In an Information upon 5 Eliz. 4. § 11. N. 1. Only shewing the said Branch and by Hutton and Harvey Justices that it is not to be intende◠of an Apprentice in Husbandry but of an Hired Servant for the said Statute did not provide for the departure of an Apprentice because that an Apprentice ought to be by Indenture and then a Writ of Covenant lyeth upon his departure to force him to come again and by the Common-Law an Action upon the case lyeth for retaining the Servant of another Winch. 25. pl. 63. III. Hetley 165. ibidem And by them the retainer License without having any Testimonial which is an offence against 5 Eliz. 4. § 10. N. 1. is after the years of retainer expired for so are the Words of the Statute IV. Hetly 165. ibidem But they said that the Information was nought Lieu. because it doth not appear that the Defendant did not retain him out of the parish where they served before for the Statue 5 Eliz. 4. § 10. N. 2. saith out of the City Town or Parish c. except he have a Testimonial and the words Secundum formam Statuti will not aid it and in the same Village or Cit◠c. the Statute doth not require a Testimonial because that there it was known c. V. Lamb. 2. cap. 7. pag. 190. 191. by 5 Eliz. 4. § 5. N. 5. Justices Any one Justice of the Peace may take upon him to hear and order the controversies between Masters and Servants touching their departure and may allow of the reason and sufficiency of the Cause for which a Master may put away his retained Servant or for which the Servant may depart before the end of his Service and he may in Hay-time or in Harvest upon request and for the saving of Corn Grain or Hay cause such Artificers and persons as be meet to Labour by his discretion to serve by the day for the getting cutting Inning or carrying thereof according to the skill and quality of the Person and may upon his refusal Imprison him in the Stocks by the space of two days and one night And his Testimonial under his Hand and Seal to such as may pass in Hay or Harvest time from one Shire to another sufficient and he also upon complaint made may Commit that party toward that in his Judgment shall be thought meet and yet shall refuse to be bound as an Apprentice according to the intent of the Statute there to remain until he be contented so to be bound And he also may by his discretion upon complaint or the Apprentice take order between his Master and him and for want of conformity in the Master may bind him to appear at the next Sessions before the Justices Crompt 159. § 16. and 156. § 28. and 197. § 34. Dalt 7. 7. 78. cap. 31. VI Lamb. 3. cap. 1. pag. 329. Justices Any two Justices of the Peace upon complaint that any Servant retained by the Statute 5 Eliz. 4. departeth before the end of his Term or at the end thereof without a Quarters warning Or that any person compellable by the Statute to serve doth refuse to serve for the Wages appointed may examine the matter and finding such Servant or person faulty may commit him to Ward there to remain till he shall be bound to the party offended to serve and continue according to the Statute Crompt 198. Dalt 78. cap. 31. VII Lamb. 329. 330. ibid. They also viz. 2. Imprison Justices may Imprison for ten days the Master that giveth and for 21 days the Servant that taketh more Wages then after the Rates thereof made 5 Eliz. 4. § 15. N. 2. and may Imprison for a whole year such Servant as shall be convicted before them by his own confession or by the Oaths of two honest Men to have made any assault upon his Master or Mistress or other person having any charge of him or of the Work and they may appoint any Woman being unmarryed of the Age of 12 years and under 14 that is out of Service and whom they shall think meet to Serve to be retained by their discretion and may upon her refusal commit her to Ward till she be so bound to serve 5 Eliz. 4. § 24. N. 2. Crompt 198. Dalt 79 cap 31. Justices VIII Lamb. 330. ibid. Any two Justices of the Peace may make Testimonial to a Tiring-man that is turned away from his Master or whose Master is dead 14 Eliz. 5. § N. 18 Eliz. 3. § N. and 27 Eliz. 11. Poor IX Lamb. 330. Any two Justices of the Peace may give assent to the Church-Wardens and Overseers or the greater part of them to bind as Apprentice the Children of Poor Parents till the age of a Man-child of 24 and till 21 of the Woman 39 Eliz. 3. Dalt 391. infra Certificate X. Lamb. 3. cap. 3. pag. 360. It is requisite by 5 Eliz. 4. § 27. N. 2. That the Certificate that is to be made to the head Officer of the City or Town Corporate where a Child is to be put Apprentice to a Merchant Mercer Draper Goldsmith Ironmonger Imbroiderer or Clothier that the Father or Mother of such Child may dispend 40 s. Freehold by the Year be under the Hands and Seals of three Justices of the Peace where the Lands lye Crompt 200. b. Dalt 80. cap. 31. Fees XI Lamb. 364. Every Justice of Peace sitting in execution of the same Statute of Labourers and Servants 5 Eliz. 4 § 38. N. 1. shall have 5 shillings the day for three days together out of the forfeitures that grow upon the same Statute Fees XII Lamb. 4. cap. 4. pag. 430. Article in charge at Sessions on 5 Eliz. 4. § 10. N. 5. if any Parson Vicar or Curat have taken above 2 pence for Registring a Testimonial for any Servant departing from one place to another Crompt 175. b. § 3. Trades XIII Lamb. 454. Article of Charge in Sessions on 5 Eliz. 4. § 31. N. 1. If any person do use any Art or Manual Occupation used in the fifth year of the late Queen Elizabeth which hath not been brought up therein 7 years at the least as an Apprentice or hath set any to work in it which is not a Workman or a Journeyman by year or haih served as an Apprentice Crompt 82 b. 83. Dayes XIV Lamb. 465. 466. Article of Charge in Sessions if any person have been retained into service to work for any less time then a whole year in any the Arts of a Clothier Wollen-Weaver Tucker Fuller Cloath-Worker Sheer-Man Dyer Hosyer Taylor Shooemaker Tanner Pewterer Baker Brewer Glover Cutter Smith Farrior Curryer Sadler Spurrier Turner Capper Hatmaker Feltmaker Bowyer Fletcher Arrowhead-maker Butcher Cook and Miller and if any person being unmarryed or under thirty years of Age and married and being compellable to
3 Ph. Mar. 8. § 2. N. 11. 5 Eliz. 13. § 10. N. 1. of which Estreats one part ought to be delivered yearly within six weeks after Michaelmas to the Constable and Church-wardens of the Parish in which that default was made to the intent that such Bailiff and High-Constable may levy c. And the Constables and Churchwardens may call the said Bailiff and High-Constable to account before two Justices of the Peace one being of the Quorum c. Lamb. ibid. 35 a. b. Poor XXXIV Lamb. Duty of Constables 32. § 29. The High-Constable in whose limit the Parish is scituate must pay at every Quarter-Sessions to one of the Treasurers of the Shire such moneys as the Churchwardens there have paid to him for the Prisoners in the Marshalsea and Kings Bench upon pain of 20 s. to be lost for every default 43 Eliz. 2. § 14. N. 3. And the like shall be done by 43 Eliz. 3. § 5. N. 2. for disabled Souldiers and Mariners c. Lamb. 37. ibid. § 38. XXXV Lamb. ibid. 32. § 31. The Minister or Curate of the Parish Pope and the Constable Headborough or Tythingman of the Town to which any Popish Recusant shall be sent by order of this Statute shall take notice thereof and shall enter the same into a Book to be kept in every Parish for that purpose and shall certifie the same to the next Quarter-Sessions of the Peace in that County 35 Eliz. 2. § 7. N. 1. XXXVI Lamb. 33. If any common Inn-holder or Alehouse-keeper will not lodge such as travel the Ruler Constable Hostler or other Officer of the Town may compel him thereto 5 Ed. 4. 3. Action super Casum Br. 76. Crompt 223. XXXVII Lamb. 33. ibid. § 33. No person reteined in Husbandry Husbandry c. may not depart after the time of such reteinure expired out of the Town or Parish c. unless he have a Testimonial under the Seal of the Constable or other head Officer and of two other honest Housholders c. 15 Eliz. 4. § 10. N. 4. XXXVIII Lamb. ibid. 36 37. Tax After the two Justices of Peace have ratably assessed every Town and Parish for damages on default of Hue and Cry then may the Constable or Headborough ratably tax every Dweller and Inhabitant c. 27 Eliz. 13. § 5. N. 2. XXXIX 2. 3 Ed. 6. 10. § 4. N. 2. That the Bailiffs and Constables of every Borough or Market-Town Coron or other Town where any Mault shall be made shall view search and survey all such Mault as shall be made or put to sale within the said Towns Lamb. Duty of Constable 37. § 39. XL. Lamb. 40 41. After whipping Poor the same sturdy Rogue shall have a Testimonial subscribed with the Hand and Seal of the same Justice Constable Headborough or Tythingman and of the Minister of the same Parish or of any two of them testifying the same according to the Act c. 39 Eliz. 4. § 3. N. 3. XLI 1 Jac. 7. § 6. N. 1. § 7. N. 1. Every person shall apprehend Poor or cause to be apprehended Rogues Vagabonds and sturdy Beggers as they shall see or know to resort to their Houses to beg and shall cause them to be carried to the next Constable or Tythingman and that if such Constable or Tythingman do not cause them to be punished according to 39 Eliz. 4. § 3. N. 2. they shall forfeit 20 s. for every default Lamb. Duty of Constable 43. XLII Lamb. Duty of Constable 50 51. Ways Those four Justices of Peace that tax for amendment of Highways by 22 H. 8. 5. § 4. N. 2. ought to make that Taxation by the assent of the Constables or two of the most honest Inhabitants of every Town or Parish XLIII Lamb. ibid. 51. § 47. The Constable or other inferiour Officer Trespass must whip Hedge-breakers Robbers of Orchards and Gardens Cutters of Corn and Wood as be for that purpose committed to them c. 43 Eliz. 7. § 2. N. 1. XLIV Lamb. ibid. 53. By 1 Jac. 31. § 7. N. 1. every Constable Poor Headborough or other chief Officer of the County of or in any Town Village or Hamlet out of any City Borough Town-corporate priviledg'd place or market-Market-Town may command or appoint any person infected or being or dwelling in any house infected c. to keep his house for avoiding infection and may appoint Searchers Watch c. XLV Crompt 222 223. Deputy A Constable may make a Deputy to execute his Office in his absence for he may be sick when c. XLVI Crompt 223 b. Hertion There be 10 houses that should find a Constable by the house annnually in a Vill and one man purchaseth 2 of them he shall find a Constable 2 years c. 21 Ed. 4. 54. XLVII Crompt 223 b. It was said 7 Ed. 4. Peace That Guardians of the Peace at the Common-Law may enquire of Congregations and unlawful Assemblies and also of Disseisin with Force but not of Entry with Force Fowl XLVIII 24 H. 8. 10. § 7. N. 2. If any Owner or Farmer refuse to pay money assessed for destroying Crows and Vermine c. then upon complaint and proof thereof made to any of the Justices of Peace or High-constable they shall cause the said Tax to be levyed by distress c. of every such Farmer or Occupier Crompt 225 a. b. Sessions XLIX Lamb. 390 391. The Bailiffs of Franchises and the Constables of Hundreds are to serve at the Sessions the one as Ministers and the other as Jurors and therefore ought to give their attendance and every of those except the Custus Rotulorum for thereof I doubt may without controversie be amerced if they make default Election L. Dalt 46. cap. 16. Every Justice of Peace may cause two Constables to be chosen in each Hundred Lamb. 2. cap. 7. pag. 185 186. And this seemeth to be meant of the High-constables of Hundreds and to include and imply of congruence the swearing of them and seemeth to be by vertue and force of the Statute of Winchester 13 Ed. 1. St. 2. cap. 6. § 1. N. 11. and of the first Assignavimus of the Commissioner § Lamb. Constables 5. supra § 13. Wales LI. Dalt 46. cap. 16. And by the Statute of 34 H. 8. 26. § N. two Justices of the Peace the one being of the Quorum may appoint the High-Constables in Wales 4 H. 4. 29. Crompt 224. Election LII Dalt 46. ibid. And yet the usual manner is that these High-Constables of Hundreds be chosen either at the Quarter-Sessions of the Peace or if out of the Sessions then by the greater number of the Justices of the Peace of that Division where they dwell and likewise that they be sworn either at the Sessions or by Warrant from the Sessions which courses hath also been often allowed and commended unto us by the
coronam dignitatem suas LXXX Shepherds Clerks Cabinet 81. cap. 16. A Warrant for the making of a new Constable To our Loving Friend A. B. of D. Yeoman These are to require you to make your repair to us or to some other Justice of the Peace of this County to take the Oath of a Constable to serve within your Town of D. you being chosen and ordered by the Leet of your Town to undertake the same Office 2. Or this Whereas A. B. of your Town the now Constable thereof is by reason of his Age and Impotence very unable and insufficient to execute the said Place These are to require you whose Names are under-written to be before me at my House at W. in the same County to morrow by eight of the clock in the morning that I may make choice of one of you to be sworn to undertake the same Office 3. It is not approvable to make Constables by one Justice of Peace but in case of necessity only when a Constable dieth and it is long to the Quarter-Sessions or Leet or the Courts where these Officers are usually made Indictment LXXXI Pract. Preced 108. An Indictment for not watching with a Constable Midd. ss Juratores pro Domino Rege super sacramentum suum presentant quod B. M. nuper de parochia Sancti Andr. Holborn in Com' Midd. Gen ' quarto die Febr. Anno regni c. diu antea fuit Inhabitan ' paroch ' predict ' in Com' predict ' quodque idem B. M. ad tunc scil dicto quarto die Febr. debito modo summonit ' requisit ' fuit ad vigiland ' cum Constabular ' in paroch ' predict ' in Com' predict ' in nocte ejusd ' diei predict ' tamen B. M debitum suum in hac parte negligens ad tunc scil predict ' nocte predict ' diei Anno supradict ' vel in aliqua parte ejusd ' noctis non vigilavit cum predict ' Constabular ' apud paroch ' predict ' in Com' predict ' sed debitum suum in hac parte facere ad tunc ibidem totaliter neglexit voluntarie obstinate contemptuose ad tunc ibidem defalt ' fecit in contempt ' dicti Domini Regis nunc Legumque suarum contra pacem dicti Domini Regis coron ' dignitat ' suas c. Conventicles see Riot Religion Conviction see Proof Cordwainer see Leather Corn. Badgers Mault Hay Oats Ouster Ie mer. I. LAmb. 4. cap. 4. pag. 449. If any have against Proclamation transported or carried out of this Realm any Corn Grain or Malt growing or made here or any Beer Butter Cheese or Wood in any Vessel except to Berwick or the Marches thereof without sufficient Authority c. or have by any means connived or willingly consented thereto c. or if any having License have fraught or laden his Vessel c. at any more places then only one to be enquired of at Sessions 1 2 Phil. Mar. 5. License II. Lamb. 4. cap. 19. pag. 601. Sessions may enquire of and determine the Licenses for Badgers c. and they are to be granted in open Sessions 5 Eliz. 12. § 7. Market III. Crompt 79 b. Enquiry in Sessions of engrossing and forestalling Corn c. Barley big or Oats against 5 6 Ed. 6. 14. § 1 2 3. Merchants IV. Dalt 45. cap. 15. The Certificate of one Justice of Peace joyned with the Customer of the place of the unlading and selling of Corn c. carried by water from one place to another within this Realm is sufficient on 5 6 Ed. 6. 14. § 12. N. 1. of Forestalling Al◠V. 2 3 Ed. 6. 10. § 4. N. 1. Justices of Peace and Leet to determine Presentments of ill making of Mault and to set prices and Constables to present c. Dalt 85. cap. 23. Lamb. 445. VI. 13 Eliz. 13. § 1. N. Justices at Assize or Sessions unless controlled by the Queen to determine when its fit to transport Corn or to prohibit it VII 21 Jac. 21. § 2. N. 2. Hostlers or Inholders shall sell Horse-Bread Hostler Hay Oats Beans Pease c. for reasonable prices Lamb. 465. VIII Dalt 147. cap. 65. Amerciament For the punishment of the Baker for their unlawful Breads Quaere whether they shall only be Amerced c. after Indictment and conviction of their said offence or that the Justices of Peace or sworn Officers in Leets may take away their unlawful Bread and give it among the poor as Officers in Corporate Towns are enabled or appointed to do in the end of the Book of the Assize Printed 1597. See 51 H. 3. pag. 10. Incert temp pag. 85. cap. 2. IX Lamb. 465. Enquiry in Sessions Corporation if any Inholder dwelling in any City Town Corporate or Market Town wherein is any common Baker that hath been Apprentice there seven years have within his own House made any Horse-Bread or dwelling in any other thorough-fair have made it insufficiently and not of due Assize 13 R. 2. 8. § 1. N. 6. 32 H. 8. 41. § N. Dalt 146 147. cap. 65. X. Lamb. 465. If any Inholder have taken any thing for Litter Hostler or have taken excessively for Hay or have taken above one half-peny in a Bushel of Oats over the common price in the Market 13 R. 2. 8. § 1. N. 8. 4 H. 4. 25. § N. XI Lamb. 200. If any Bailiff or Constable of any Borough Seisure or other Town shall find any Mault made contrary to the Statutes 2 3 Ed. 6. 10. § 4. N. 3. 27 Eliz. 14. then with the advice of any Justice of the Peace within that Shire he shall cause the same to be sold to such persons and at such reasonable prices under the common price of the Market as to his discretion shall seem convenient XII Lamb. 201. Imprisonment The party convicted and committed to Prison by the Justices of Peace for not obeying this restraint of converting Barley into Mault must there remain three days and after that until he shall become bound in Recognizance of fourty pounds to the Kings use before any Justice of the Peace to obey such his restraint 39 Eliz. 16. § 1. N. 3. XIII Lamb. 331. Justices Any two Justices of the Peace may duly convict by two witnesses or by the parties confession any person that shall disobey the restraint of Maulting made in the open Quarter-Sessions and shall commit him to Prison without Bail or Mainprise for three days and until that he shall become bounden in 40 l. to some one Justice to perform such restraint 39 Eliz. 16. § 1. N. 1. XIV Lamb. 444 445. Enquiry in Sessions Husbandry if any person have within these two years bought Corn in any Fair or Market for change of his Seed having then sufficient for his House and for sowing his Ground for a year and did
his Seal of Lead unto his Cloth thereby declaring the just length thereof to be tryed by the water 2. If any person have stretched any Cloth above one yard and a half in length or one quarter of a yard in bredth or have put to sale any Cloth that hath shrunk more in the wetting than is aforesaid or have stretched any narrow strait or Kersey above one yard in length or a quarter in bredth or have put any such to sale 3. If any Dyer of Woollen Cloth have dyed any Brown Blews or Pewbs Tawnies or Violets that were not perfectly boyled greened or maddered upon the Woad and that with good Cork or Orchald sufficiently 4. If any have dyed any Wool for Cloth called Russets Marbles Grays Bays or such like or Furr Hats or Caps unless it were perfectly woaded boiled and maddered or have died with Brazil to the intent to make a false colour in any such Cloth or Wooll or have put any Flox Calf Starch or other deceivable thing upon any Cloth except certain Devonshire and Cornwal Straits Or 5. Have occupied any Iron Cards or Picards in Rowing of any woollen Cloth have sold any Cloth of any less measure than after the true content thereof by the Yard and Inch or have put to sale in this Realm any Cloth being pressed to be occupied in England Wales or Ireland 6. If any Overseers of Cloth appointed by the Justices of Peace for this year have refused to be Overseers or have not within their charge made due search thereof once every Quarter and if any person have interrupted them to make such search Dalt 44 45. cap. 14. Justices IV. Lamb. 355. Two Justices of Peace dwelling next any City or Town where any Retailer of woollen Cloth shall present unto them any defective Cloth against 5 6 Ed. 6. 6 § 31. N. 1. being conferred with 4 5 Ph. Mar. 5 § 34. N. 1. shall cause the same to be cut into three equal parts whereof the one to be to the King the other to the Prosecutors and the third to the Justices themselves Lamb. 364. Crompt 200. Dalt 44. cap. 14. Measures V. Lamb. 462 463. Inquiry in Sessions on 5 6 Ed. 6. 6 § 4. N. 4 5 Ph. Mar. 5 § 4. N. 1. If any Kentish Broad Cloth except course Cloth only not exceeding 6. li. price hath been made that containeth not in length between eight and twenty and thirty Yards being wet and in bredth seven Quarters within the Lists and in weight seventy six pounds being well scowred thicked mill'd and fully dryed and so changing it after their rates for other Countries as by these Statutes appeareth Market overt VI. Lamb. 463. For regrating of Woolls by Halifax men see 2 3 Ph Mar. 13. Trades VII Lamb. 463. Inquiry c. If any person have used or caused to be used any racking beating or casting of any deceitful Liquor or other mean with any kind of Linen Cloth whereby the same became deceitful or the worse for the good use thereof 1 Eliz. 13. Dalt 45. cap. 14. Justices VIII Lamb. 330. Any two Justices of Peace may dispose of the moneys rising by the deceitful stretching of the Northern Cloth c. 39 Eliz. 20. § 4. N. 1. Crompt 97. 4 Jac. 2. Forfeiture IX Crompt 198. Any two Justices of Peace of the County where any Logwood alias Blockwood shall be found in whose hands soever it shall be may openly burn it as forfeited 23 Eliz. 9. § 2. N. 1. Justices X. Dalt 42. cap. 14. Every Justice of Peace may enter in and upon any Houses Lands or Grounds and make search for any Tainters Wrenches or orher Engines whatsoever whereby any deceit may be used in or about the stretching of any woollen Cloth and may utterly deface the same Tainters c. And for the second offence may sell them away to the best value thereof 39 Eliz. 20. § 8. N. 1. 43 Eliz. 10. § 9. N. 1. XI Dalt 45. cap. 14. Process Any two or more Justices of the Peace within the County City Borough or Town Corporate where deceivable Cloth shall be made or suspected to be made upon complaint or Information of any Overseer Searcher or any other of any such offence may grant their Warrant to call before them any person or persons that in their discretions shall be thought fit to discover any such offence and may examine upon Oath any such persons for the Trial and better finding out of the said offence And if upon such Examination it shall be found by Testimony of two Witnesses or more or by the Confession of the Offender that any such offence hath been committed the same shall be a sufficient conviction of the offence and then the said Justices shall or may certifie such offence unto the Church-wardens and Overseers for the time being of the Poor of the Parish where such deceivable Cloth shall be made under the Hands and Seals of the said Justices And upon such Certificate and a Warrant made by the said Justices to the said Overseers and Churchwardens for the levying of the forfeiture the said Overseers and Churchwardens or any of them or their or any of their Successors immediately from and after such Certificate or Warrant delivered to them or any of them may levy the sum or sums of mony which by the said Certificate and Warrant shall appear to be forfeited by way of distress and sale of the Offenders Goods rendring to the Offender the overplus c. And in defect of such distress the said two Justices may commit the Offender to the common Gaol there to remain without Bail until payment shall be made of the sums so forfeited to the said Overseers and Churchwardens or some or one of them 21 Jac. 18. § 2. N. 1. XII Dalt 45. cap. 14. Justices Any two Justices of the Peace may take order between the Clothier and his Spinsters Carders Kembers Sorters and Weavers which shall unjustly or deceitfully convey away imbezil sell or detain any part of the Wooll or Yarn delivered to them 7 Jac. 7. § 2. N. 1. XIII Lamb. 446. Wooll Inquiry in Sessions if any person have bought any Woollen Yarn and have not made Cloth thereof 8 H. 6. 5 § N. or have bought any Wooll but of the owner of the Sheep and of the Tithe 14 Rich. 2. 4. § N. XIV Pract. Prec 91 92. An Indictment for cozening of Clothiers Collusion London ss Juratores pro Domino Rege super sacramentum suum presentant quod A. B. nuper de I. in Com' predict ' Mercator Scissor est persona valde mali nominis famae conversationis inhonestae communis deceptor defraudator subditorum dicti Domini Regis quod ipse 30 die Novemb. anno c. apud L. viz. in parochia Sancti B. c. diversis aliis locis diebus infra Civitat
Execution of the same shall be put and set upon the heads of such Stewards or Bayliffs and not upon the Sheriffs III. 8 H. 6. 9. § 5. N. 1. Justices of Peace shall Inquire of Justices and determine defaults of Sheriffs and Bayliffs on Forcible Entries IV. 27 H. 8. 24. § 17. N. 1. Appearance That no persons within the Liberties shall be hereafter in no wise compelled to appear out of the said Liberties before any other Justice c. then before such as shall be named and assigned to sit and be by the Kings Highness his Heirs and Successors within the said Liberties c. Lambert 46 47. V. 7 Eliz. 7. § 3. N. 1. Justices c. to determine of Baliffs Enquest c. in Retorn of Jurors VI. Crompt 80. Justices No Justice of Peace of the County shall intermeddle in any City Burrough or Vill Corporate for Execution of 39 Eliz. 16. of Malting unless he be a Justice of Peace in the same City c. Lambert 46 47. Crompt 8. a. b. Dalt 23. cap. 6. VII Lambert 69. Justices And forasmuch as some Cities and Corporate Towns found themselves grieved with the Law c. it was specially ordained by 2 3 Phil. Mar. 18. § 2. N. 1. that a Commission of the Peace and Goal Delivery made to a City or Corporate Town not being a Country by it self should not be determined by the making of such another Commission afterwards to any of the Shire Lath Rape or Wapentake in which that City or Town standeth Fresh Suit Hue and Cry Watch Escape Coron I. Lambert 2 cap. 3. pag. 134. Affray If he that maketh an affray do flie into a House when the Justice of Peace or Constable cometh to Arrest him they may also in Fresh Suit break open the doors and take him by Warrant or if he flie thence they may make Fresh Suit and Arrest him tho it be in another County by the opinion of some men 13 Ed. 4. 9. II. Lambert 2 cap. 7. pag. 200. Acc. S. Stat. No person shall after that he shall be Robbed bring any Action upon any the Statutes of Hue and Cry except he shall first within 20 days next before such Action brought be examined upon his Corporal Oath before some one Justice of Peace of the County wherein the Robery was Committed inhabiting within or neer the Hundred where the Robery was Committed whether he do know any of them that did the Robery and if upon such Examination he do confess that he knoweth any of them then also shall he before such Action be brought enter into Recognizance before the same Justice effectually to prosecute such persons so known by Indictment or otherwise according to the due course of the Laws of this Realm 27 Eliz. 13. § 11. N. 2. Franchise III. 3 Ed. 1. W. 1. cap. 9. Forasmuch as the Peace of this Realm hath been evil observed heretofore for lack of quick and Fresh Suit making after Felons in due manner and namely because of Franchises where Felons are received 2. It is provided that all generally be ready and apparelled at Arrest of Felons when need shall be as well within Franchise as without 3. And they that will not so do and thereof be attainted shall make a grievous Fine to the King Crompt 1. 58. a. b. Notice IV. 13 Ed. 1. 2 Winch. cap. 1. § 1. N. 4. That Cries shall be solemnly made in all Counties Hundreds Markets Fairs and all other places where great resort of People is so that none shall excuse himself by ignorance that from henceforth every County be so well kept that immediately upon such Roberies and Felonies Committed Fresh Suit shall be made from Town to Town and from Country to Country Limitation V. 13 Ed. 1. 2. Winch. cap. 2. § 1. N. 5. And after that the Felony or Robery is done the Country shall have no longer space than forty days within which it shall behove them to agree for the Robery c. 2 Inst 569. Crompt 93. b. Sheriffs VI. 13. Ed. 1. 2 Winch. cap. 6. § 1. N. 14. And from henceforth let Sheriffs take good heed and Bayliffs within their Franchises and without be they higher or lower that have any Baliwick or Forestry in Fee or otherwise that they shall follow the Cry with the Country and after as they are bounden to keep Horses and Armor so to do 15. And if there be any that do not the defaults shall be presented by the Constables to the Justices Assigned and after by them to the King and the King will provide remdy as afore is said 2 Ed. 3. 6. Coron VII 4 Ed. 1. 2. pag. 29. § 1. N. 16. In like manner Hue and Cry shall be levied for all Murders Burglaries and for men slain or in peril to be slain as otherwhere it is used in England and all shall follow the Hue and steps as near as can be and he that doth not and is Convict thereupon shall be attached to be before the Justices of the Goal c. Stamf. 50. Lect. VIII 18 Ed. ◠pag. 84. § 1. N. 17. The Frank pledge to Inquire of Cries levied and not pursued Enquest IX 28 Ed. 3. 11. § 1. N. 3. And Inquest if need be shall be also taken in the Towns by him which is Soveraign of the Town and after in Hundreds Franchises and in the County and sometime in two three or four Counties in cases when Felonies shall be done in the Marches of the Counties so that Offenders may be Attainted N. 7. and longer term shall not the Country have after the Robery or Felony done then forty days within which it behoveth them to make Gree c. Sessions X. Crompt 93. b. You shall Inquire if immediately after Felonies and Roberies Committrd Fresh Suit be made from Vill to Vill and from County to County and if the Felon be not taken within Forty days after the Felony Committed the Hundred where the Felony is Committed with the Franchises there shall answer for the Robbery c. and Note where it is said of the Statute of Winchester 13 Ed. 1. 2. cap. 2. § 1. N. 5. in the Ancient Books that the Country shall have half a year c. the Record of the Tower is but 40 days according to 28 Ed. 3. 11. § 1. N. 7. Crompt 179. Notice XI Lambert 433. Inquiry in Sessions upon 3 Ed. 3. W. 1. cap. 9. 4 Ed. 1. 2. pag. 29. § 1. N. 16. 13 Ed. 1. Winch. cap. 1. § 1. N. 4. If any man have raised Hue and Cry without good cause or being raised upon good cause have not been ready upon the Commandment of the Sheriff or at the Hue and Cry of the Country to pursue and Arrest Felons or such as have dangerously hurt any man and if the Sheriff or any Bayliffs have not followed such Hue and Cry
Waterman or Servingman other then of a Nobleman or of him that may dispend 200 l. by the year playing within the precinct of his Masters House have plaid out of the Christmas at any of the said unlawfull Games or in the Christmas out of the house or presence of their Master shall be Inquired in Sessions 33 H. 8. 9. § N. 12 R. 2. 7. 10. Crompt 79. Dalt 63. cap. 23. War IV. Lambert 476. the Act 33 H. 8. 9. § 20. N. 1. For Archery must be proclaimed at the several Sessions of the Peace Crompt 123. b. § 14. Ability V. Crompt 78. b. Inquiry at Sessions on 33 H. 8. 9. § 3. N. if every one of the age of 7 years and within LX having no Impediment except spiritual men the Justices of the one Bench or of the other and Barons of the Exchequer use Shooting in Long Bows and have a Bow and Arrows ready Item 2. Whither the Fathers and Governors educate their Children in Shooting and have in their houses for every one of the age of 7 years untill he come to 17. a Bow and two Arrows and they may provide and abate the Mony out of their Wages otherwise he shall forfeit 6 s. 8 d. for every Month that they fail 33 H. 8. 9. § 3. N. Item 3. If every man above the age of 17 years and within 60 years having no Impediment nor being a spiritual man c. hath a Bow and four Arrows and occupieth it he that fails shall Forfeit 6 s. 8 d. for every Month 33 H. 8. 9. § 3. N. 5. Item 4. If any under 24 years of age shoot at Pricks he shall Forfeit 4 d for every Shoot 5. None under 17 years if his Father or Mother hath not 10 l. in Land or that his Goods amount to the value of 40 Marks shall shoot in any Bows of Yew bought for him on Forfeit of 6 s. 8 d. Archers VI. Crompt 79. Item 6. If Butts be made and continued in every place by the Inhabitants the Forfeit is 20 s. for every month fayling and the inhabitants must exercise Shooting on Festival days ◠474. by 33 H. 8. 9. § 4. N. 4. Item 7. You shall Inquire if any for Lucre keep any place of Bowling Tennis Dicing or other unlawfull Games he shall Forfeit 40 s. for every day and every person haunting this shall forfeit for every time 6 s. 8 d. Bowls VII Crompt 79. If any Bowl in any open place out of his Garden or Orchard he shall forfeit 6 s. 8 d. for every time VIII Crompt 79. At the Assizes at Stafford Lent 29 Eliz. before Manwood Cheif Baron and Windham Justices of Assize there divers that were taken by L. one of the Justices of the Peace there were Indicted thereof and he that kept the house where they played also and he that kept the house was fined to 5 l. and every one that plaid 20 s. and because they were present in Court they were Committed to Prison till they paid their Fines and there were above 20 of them that plaid in the said house at one time Dalt 64. cap. 23. IX Crompt 131. Imprisonment Justices of Peace and head Officers who find or know any person using unlawfull Games against 33 H. 8. 9. § 14. N. 1. may Commit such Offenders to Prison without Bayl or Mainprise until they be bound by obligation to the use of the King that they will not use such unlawful Games and so see a Conviction by view of the Justices as to Imprisonment c. as it seemeth Quaere Crompt 154. b. 155. a. 172. ab 175. b. § 21. 197. b. § 27. X. Crompt 192. b. All Informations Plaints Actions and Suits Dayes against such as keep Common Houses of unlawfull Games and against such as play therein against 33 H. 8. 9. § 17. N. 2. shall be Commenced within the year after the Offence Committed otherwise no advantage or Suit thereof shall be taken as appears by the said Statute Prohibition XI Dalt 64. cap. 23. But Inquire what Games shall be said to be unlawfull c. Quaere of Dancing of the Morrice or other open Dancings Bear-baytings Common Playes and Fencings all these seem to be prohibited by 39 Eliz. 4. § N. Dayes XII 1 Car. 1. cap. 1. § 1. N. 5. And that any one Justice of the Peace of the County or the cheif Officer c. of any City c. wherere such Offence viz. Bear-bayting Bull-bayting Interludes Common Playes and other unlawfull Pastimes on the Lords day shall be Committed upon his or their View or Confession of the party or proof of any one or more Witness by Oath which the said Justice c. shall administer shall find any person offending in the premises the said Justice c. shall give Warrant under his or their hand and Seal to the Constables and Churchwardens of the Parish c. where such offence shall be Committed to levy the said Penalty viz. 6 s. 4 d. c. by Distress and Sale c. Dalt 63. cap. 23. Warren XIII Lambert 95. Every person finding or seeing any to offend 39 H. 8. 6. § 16. N. 1. against the Shooting in Cross-bows and Hand-guns may Arrest and bring or convey him to the next Justice of Peace of the County where he was found offending who upon due Examination and Proof thereof before him made may by his discretion Commit him to the Goal there to remain till he shall truly pay the one Moiety of the Forfeiture of this Statute to the King and the other Moiety to the first bringer or conveyer Dalt 64. cap. 24. In this Case and such other the Justice of Peace having as it seemeth the whole matter committed to himself alone ought to be wary and circumspect c. and upon the offence sufficiently proved it is necessary that in his Mittimus or Precept to the Goaler there be conteyned the names of the parties with the manner of the offence and how long he is to be kept in Prison for it Ability XIV Lambert 472. If any person have Shot in used or kept any Hand-gun but such as is in Stock and Gun one yard long or any Hagbut or Demihake not being three quarters of a yard long 33 H. 8. 6. Lamb. 295. XV. 471 472. Inquiry at Sessions If any not having 100 l. per Annum have carryed in his Journey any Cross-bow bent or Gun charged unless it be to the Musters 33 H. 8. 6. Crompt 88. Warren XVI Lambert 472 473. Inquiry if any person have Shot at large other then at a Butt or Bank of Earth in place convenient at any thing with any Gun in any City Bourough or Market Town or within a quarter of a Mile of any of them or have commanded his Servant to Shoot in Cross-Bow or Gun at any thing other then a Butt or Banck of Earth or if any person not having 100 l. per An.
or not dwelling within five Miles of the Sea Coast or not dwelling in a House two Furlongs distant from any City Bourough or Town do keep or have in his house any Cross-bow 33 H. 8. 6. § 6. N. 1. Lambert 295. Days XVII Lambert 473. Inquiry if any having 100 l. per An. having Seised any Cross-bow or Gun by virtue of this Act have not broken the same in pieces within 20 dayes next after such Seisure 33 H. 8. 6. § 2. N. 2. Fowl XVIII Crompt 89. b. Inquire if any who is no Lord of Parliament Shoot in any Hand-gun within a City or Town at any Fowl or other Marks upon any Church House or Dovecote or shoot more Bullets then one at a time or Hail-shot shall lose 10 l and shall be Imprisoned three years 2 3 Ed. 6. 14. § 1. N. 3. Enquest XIX Lambert 190. b. 191. Justices of Peace also by another Enquest may Inquire of the Concealment of such an Enquest as is Sworn before them to Inquire of Offences done against 33 H. 8. 6. § 20. N. 1. concerning shooting in Guns and Cross-bows and the Fine of every such Juror that is Convict of such Offence is 20 s. Justices XX. Lambert 620. The Justice of Peace that faileth to Record at the next Quarter Sessions the name of any person Authorized to shoot in a Gun that hath presented his Name unto him shall lose 20 s. if 2 3 Ed. 6. 14. § 2. N. 3. do so far extend whereof the words give cause of doubt Apprentices XXI 1 H. 7. 2. § 1. N. 11. Furthermore it is Ordained and Enacted c. that none Apprentice ne Servant of Husbandry Laborer ne Servant Artificer Play at the Tables from the tenth day of January next coming but only for Meat and Drink ne at the Tenis Claysh Dice Cards Bowls nor any other unlawfull Game in no wise out of Christmas and in Christmas to play only in the dwelling house of his Master or where the Master of any of the said Servants is present upon pain of Imprisonment by the space of a day in the Stocks openly Process XXII 11 H. 7. 2. § 1. N. 12. And that the Householder where Dicing Carding Tennis playing Bowls Claysh or any other unlawfull Game afore rehersed shall be used otherwise then is afore rehersed and that lawfully be presented before the Justices of Peace the Mayor or Sheriff in his Tourn or Steward in his Leet or by Examination had before the said Justices of Peace that Process be made upon the same as upon Indictment of Trespass against the Kings Peace and that the said misdoers be admitmitted to no Fine under the Sum of 6 s. 8 d. XXIII Lamberts Precedents 18. b. pl. 51. An Indictment for keeping unlawfull Play and Playing thereat West Symb. 2. pt 109. b. § 121. against 33 H. 8. 9. § 11. N. 1. Pract. Preced 163. 159. Kent ss Juratores pro Domino Rege supra sacramentum suum presenttant quod A. R. de C. in dicto Comitatu Tyler secundo die Junii Anno Regni c. continue post dictum diem Anno supradict ' usque primum diem Mensis Julii Anno supradict ' apud C. predict ' in Comitat ' predict ' quendam Communem locum Jacendi Globos Anglice a Common Bowling Alley pro lucro ipsius A. B. proprio ad Ludendum tunc ibidem cum Globis Anglice vocat ' Bowles illicite tenuit custodivit ac manutenuit contra form ' cujusdam Statuti in Parliament ' Domini Henrici nuper Regis Angliae 8. Anno Regni sui 33 in hujusmodi casu provisi ac Editi Et quod J. S. de C. predict ' in dicto Comitatu Laborer tres aliae personae ignotae dicto secundo die Junii Anno supradict ' dictum communem locum usitaverunt ac tunc ibidem cum Globis Anglice vocat ' Bowls insimul illicite luserunt contra formam Statuti predicti XXIV Dalt 80. cap. 31. A man cannot be restrained to use the Trade of making Dice Cards Bowles or the like except it be by Parliament c. 11 Co. 86. Gawgers see Measures Glass men see Trades Goals see Imprisonment Goldsmiths see Mettle Good Behaviour Peace Behaviour Abearing Affray Sureties Warrants Recognizance Contempts I. Lambert 2. cap. 2. pag. 116. That in 2 H. 7. 2. Peace the Surety of the good Abearing is set forth to rest in this point chiefly that a man demean him-himself well in his Port and Company doing nothing that may be cause of the breach of the Peace or of putting the People in fear or trouble and that it doth not consist in the observation of things that concern not the Peace And that it should differ from Surety of the Peace in this that where the Peace is not broken without an Affray or Battery or such like this Surety de bono Gestu may be broken by the number of a mans Company or by his or their Weapons or Harness Dalt 187. infra § 12. Recognizance II. Lambert 116. ibid. Herewithall also do certain Precedents of the Kings Bench agree which in Surety of the Good Abearing taken at the Suit of some one person do mingle the words a modo se bene Geret erga Dominum Regem cunctum populum suum precipue erga T. B. with those other words that are commonly put in the Recognizance for the Peace as in Rast Entr. 415 416. Tit. Peace any man may see III. Lambert 117. But all this notwithstanding Condition methinks that a man may reasonably affirm that the Surety of Good Abearing should not be restrained to so narrow Bounds for first the Statute 34 Ed. 3. 1. § 1. N. 6. Enableth the Wardens of the Peace to take of all them that be not of Good Fame where they shall be found sufficient Surety and Mainprise of their Good Abearing towards the King and his People so that if a man be defamed he may by vertue hereof be bound to his Good Behaviour at the discretion of the Wardens and Justices of the Peace And I once received a special Writ out of the Chancery directed Custodibus Pacis Vicecom ' eorum cuilibet and grounded upon the same Statute for the Binding of a man with Surety quod ipse boni Gestus Famae de caetero erit quod nihil in contrarium Statuti predicti quovismodo attemptabit c. wherein I proceeded as a Minister only Dalt 188. cap. 74. IV. Lambert 117. But the doubt resteth in this Justices to understand concerning what matters this Defamation must be and that as I think may be partly gathered out of the said Statute also for after it hath 34 Ed. 3. 1. § 1. N. ◠3 given power to the Wardens of the Peace to Arrest and Chastice Offenders viz. against the Peace Rioters and Barretors then it willeth them 34 Ed. 3. 1. § 1. N. 4. To
holden in the County of C. to do and receive that which by the Court shall be then and there enjoyned him and that in the mean time he be of Good Behaviour and do keep the Peace of our said Soveraign Lord the King towards his Majesty and all his Liege People That then c. XL. Dalt 371. Or this Conditio Recogn ' predict ' talis est quod si predict ' N. G. Imposterum se bene Geret pacem Domini Regis conservabit erga dict' Dominum Regem cunctum populum suum quod tunc Recognitio predicta pro nullo teneatur alioquin in suo Robore permanere XLI Dalt 365. Note that such supersedeas viz. supra § 36. is good Supersedeas tho it name neither the Sureties nor the Sums wherein they are bound but yet it is the better Form to express them both for then if it shall appear that the Sureties are not sufficient men or not bound in sufficient Sums better Sureties may be taken c. Gaugers see Measures Glass-men see Trades Goals see Imprisonment Goldsmith see Metle Grain see Corn. Graziers see Catle Greyhounds see Catle Green Wax see Proces and Seals Guns see Forest and Shooting Habeas Corpus see Imprisonment Certiorari Handguns see Forest and Shooting Hay and Oats see Corn Hares see Forest Harvest see Poor and Husbandry Hawks see Fowl Harness see War Harborers see Hostler Headbrough see Constable Hedgbreakers see Trespass Herring see Fish Hearthmoney see Taxes Highwayes see Wayes Hides see Leather Homicide see Coron Horn see Trades Horses see Catle Horsebread see Corn. Hospital see Poor Hostler Harborer Lodger Innes Victuals Inholder Hay and Oats Market overt I. Lambert 448. Inquiry in Sessions if any Inholder c. or other Seller of Victual have not Sold the same at reasonable prizes 23 rd 3. 6. 13 R. 2. Crompt 67. b. 91. b. Corporation II. Lambert 4. cap. 4. pag. 4. 465. Inquiry on 13 R. 2. 8. § 1. N. 6. 32 H. 8. 41. § N. If any Inholder dwelling in any City Town Corporate or Market Town wherein is any Common Baker that hath been Apprentice there Seven years have within his own house made any Horse Bread or dwelling in any other Thorow-Fair have made it insufficiently and not of due Assize Crompt 90. a. 91. b. III. Lambert 465. If any Inholder have taken any thing for Litter Fees or have taken excessively for Hay or have taken above one Half-Penny in a Bushel of Oats over the Common Price in the Market 13 R. 2. 8. § 1. N. 8. 4 H. 4. 25. § N. 21 Jac. 21. Crompt 91. b. IV. Dalt 25. cap. 7. Every Keeper of Tavern Ale Keeping also an Inne or Victualling in his House and every Inkeeper c. which shall suffer any Townsman or any Handycrafts man or Laborer working in the same City or Town to remain and continue Drinking in their said House except such as shall be invited thither by a Travellor and during his necessary abode there c. except allowed by two Justices of Peace the said offence being seen by any Justice of Peace within his Limits or confest or proved by one Witness on Oath Forfeit 10 s. 1 Jac. 9. § N. Crompt 77. b. 78. V. Dalt 27. cap. 7. Now no person may come to Tiple in any such Tavern or in any Inn c. in the same Town where he dwelleth nor dwelling within two Miles thereof except he be a Traveller and so Sir Francis Harvey Knight delivered it in his charge at Cambridge Summer Assizes Anno 1629. VI. Dalt 28. cap. 7. If a Common Inholder c. Wayes will not Lodge a Traveller any Constable or Justice of Peace may compell him thereto But how the Officer shall compell him Quaere It seemeth that all the Officer can do is either to cause such Alehouse Keeper to be suppressed or else to present such Offence of an Inn-Keeper at the Assizes or Sessions of the Peace that so such Offender may be thereupon Indicted see the Commission And at Lent Assises Anno 1622. Sir James Leigh Lord Cheif Justice of B. R. delivered it in his Charge that an Innkeeper c. might be Indicted Fined and Imprisoned for the same or else that the party grieved might have an Action S. Case Br. 76. 92. against the Innkeeper refusing to Lodg him Kell 50. 14 H. 7. 22. b. VII Crompt 77. ab Nota That it hath been agreed that such Inns that have been newly erected since the Statute 5 6 Ed. 6. 25. and were not Innes before must have Licences as Alehouses shall have Licence and this was put in ure upon an Indictment Traverst and Tryed at the Assizes in Sussex about 16 Eliz. as I have heard by him that was Counsel with the party Indicted Dalt 31. cap. 7. VIII Hales Pleas of the Crown 146. Hospitals and Houses of Correction see Poor Hue and Cry see Fresh Suit Hundred see Franchise Constable Sheriff Hunting see Forest Husband see Baron Feme Husbandry Tillage Aprovement Abby I. Lambert 463. Inquiry in Sessions if any owner of any Scite or Precinct and Demeans of any late Dissolved Religions House that was in yearly value under 200 l. per Annum do not keep an honest and continual houshold thereupon 27 H. 8. 28. § 9. N. 1. Lambert 600. Crompt 96. b. 124. b. Leases II. Crompt 96. b. Inquiry if any takes in Ferm any house to which any Land belongs above two such holds in one Vill or Hamlet or if any hath occupied two such holds in one Vill or Hamlet and doth not inhabit in the same Parish he shall Forfeit for every week 3 s. 4 d. Fitzh J. P. 128. 25 H. 8. 13. § 14. N. 2. Justices III. Lamb. 612. I will not gainsay but that the Justices of Peace may at any Special Session of the Peace give in Charge all such Statutes as dogive unto them a general power of Enquiry without using mention of restraint to any Sessions as 25 H. 8. 13. § 5. N. 1. of Sheep Catle IV. Lambert 464. Inquiry at Sessions if any person have at once kept above the Number of 2000 Sheep of all sorts against 25 H. 8. 13. Crompt 125. b. V. Crompt 152. Such Process shall be awarded against him who is Indicted upon 25 H. 8. 13. Concerning the keeping of Sheep above a certain Number as is used in Trespass Presented before the Justices of Peace Days VI. Crompt 193. b. The party must begin his Action of Debt Bill Plaint or Information within the year and his Presentment or Information for the King shall be taken within 3 years after the offence Committed against 25 H. 8. 13. § 6. N. 1. of Sheep Justices VII Lamb. 463 464. Note that the Offences against the Statute of Husbandry and Tillage 39 Eliz. 2. which extendeth not to Kent Essex Sussex and many other Shires nor to the greatest part of Wales are
in open Sessions and shall commit him to Prison without Bail or Mainprise for three days and until that he become bound in 40 li. to some one Justice to perform such restraint 39 Eliz. 16. § 1. N 2. LXXXVII Lamb. 331. License Such two Justices may License diseased Persons living of Alms to travel without begging to Bath or to Buckstone for remedy of their Griefs 39 Eliz. 4. § 7. N. 1. Crumpt 198 ab 199. b. LXXXVIII Lamb. 331. By the oversight of any two Justices Ways and XII discreet Men of the Hundred and Hundreds adjoining any person within the Weald of Kent may make in his own Land a new High-way more Commodious then the old 14 H. 8. 6. § 2. N. 1. Crumpt 198. b. LXXXIX Lamb. 331. Drapery Two such Justices may once every year appoint Overseers for that whole year following of Cloth to be made or sold in any Town not being Corporate and may charge them upon their Oaths to see execution of some parts of the Statute yet in force 3 4 Ed. 6. 2. § 9. N. 1. Crumpt 198. b. Dalt 21. cap. 6. XC Lamb. 331 332. Within six days after Accusation had Religion That any person hath disturbed a Preacher and after his committing to safe custody by one Justice of the Peace another Justice of that Shire must join with him in the Examination of the Offender and may proceed to find him Guilty by his own confession or by two Witnesses and thereupon commit him to the next Goal for three months 1 Mar. 1. St. 2. cap. 3. § 5. N. 3. Crumpt 198. b. Dalt 102. cap. 41. 154. cap. 66. XCI Lamb. 332 333. Foul Games All the offences committed against 1 Jac. 27. made against shooting in Hand-Guns and for the preservation of the Game of Fesants and Partridges and against the destroying of Hares with Hare-pipes and tracking Hares in the Snow may be examined heard punished and determined by any two Justices of Peace out of the Sessions Dalt 87. cap. 37. 154. cap. 66. Taxes XCII Lamb. 333. If any person that ought to be set to the Subsidy do by craft or cunning escape the Taxation and that be proved before two Justices of Peace of that County then shall he be charged at the double value of so much as he ought to have been Taxed at and shall further be punished at the discretion of the said Justices 39 Eliz. 27. § N. And divers former Acts of Subsidy Pope XCIII Lamb. 333. Any two Justices of the Peace of the County where any of His Majesty's Subjects not being a Jesuit Seminary Priest or other Priest Religious or Ecclesiastical person c now being or which hereafter shall be of or brought up in any Colledge of Jesuits or Seminaries shall arrive within six months next after Proclamation to be made in that behalf in the City of London under the Great Seal of England may within two days next after such Return receive his submission under the Oath 1 Eliz. 1. § 19. 27 Eliz. 2. § 5. N. 1. Pope XCIV Lamb. 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. 2. § 8. N. 4. Pope XCV Lamb. 334. Any two Justices of the Peace of the County where he shall arrive 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 set forth 1 Eliz. 1. § 19. N. 4. 3 Jac. 4. § 24. N. 1. And are to certifie the same Oaths so taken at the next Quarter Sessions upon pain of forfeiture of 40 li. Pope XCVI Lamb. 334. Any two Justices of the 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 Reliques of Popery and deface them or if of value reserve to the General Sessions 3 Jac. 5. § 26. N. 1. Bail XCVII 1 2 Phil. Mar. 13. § 3. N. 1. Any Arrested for suspicion of Man-slaughter or Felony shall not be let to Bayl or Mainprise by any Justices of Peace if it be not in open Sessions except it be by two Justices of Peace at the least whereof one to be of the Quorum and the same Justices to be present together at the time of the said Baylment or Mainprise c. Lamb. 339. Crumpt 198. b. Joyndre XCVIII Lamb. 343 344. Out of Sessions and before Indictment a Justice of Peace was no Judge of Record by the Commission unless the Party were Prisoner c. And on the other side It seemeth that two Justices of the Peace the one of them being of the Quorum may out of the Sessions Bayl such as come into Prison by the Process of the Sessions made upon Penal Laws not forbidding Bayl because two such Justices be competent Judges of all those matters insomuch as they may hear and determine them Ale XCIX Lamb. 349. Two Justices of the Peace the one being of the Quortum may prohibit and remove common Ale-selling and may also allow the same taking Bond with Surety by Recognizance for good rule to be kept in such Ale-house c. by their discretion And may also Commit and Imprison for three days those that keep common Ale-selling of their own heads against Prohibition or without Allowance thereof and may after take Recognizance of them with two Surties that they shall keep none 5 6 Ed. 6. 25. § 1. N. 2. Crumpt 198 199. Dalt 21. cap. 6. Measures Weights C. Lamb. 351 352. Two Justices of the Peace so that the one be of the Quorum may by Examination or Inquiry hear and determine the defaults of Head-Officers in Cities Boroughs and market-Market-Towns that do not twice yearly view and examine Weights and Measures and break and burn the defective As also the defaults of Buyers and Sellers by other Weights and Measures then they ought to do and may break and burn the defective Weights and Measures and Amerce and Fine the Offenders by their discretion and make Process against them as if they were Indicted of Trespass against the Peace 11 H. 7. 4. § 1. N. 13. 12 H. 7. 5. § N. Crumpt 199. b. Dalt 22. cap. 6. 154. cap. 66. CI. Lamb. 352. Two Justices of the Peace the one being of the Quorum Sheriffs may take the Oath of the Under-Sheriff of their County before that he medle with the exercise of that Office as well of Supremacy 1 Eliz. 1. § 19. N. 4. as of Office 27 Eliz. 12. § N. CII Lamb. 352. Poor The Bishop and his Chancellor shall call the two Justices of Peace next inhabiting to any Hospital to assist them in taking the account of such as have had the Collection of the Revenues and Profits of
such Hospital and they three may charge the Accountant under penalty to lose such Sum of Mony as they shall think meet to account and not to delay it c. 14 Eliz. 5. § N. 39 Eliz. 18. CIII Lamb. 352 353. Two Justices of the Peace Bastard the one being of the Quorum in or next to the limits where the Parish Church is in which a Bastard Child left to the charge of the Parish shall be born ought to take order by their discretion as well for the relief of the Parish and keeping of the Child as also for the punishment of the Mother and reputed Father thereof 18 Eliz. 3. § 2. 2. N. Crumpt 199. Dalt 37. cap. 11. CIV Lamb. 353. Two Justices of Peace the one being of the Quorum Tythes upon complaint by any competent Judge of Tythes for any misdemeanour of the Defendant in a suit of Tythes may cause him to be attached or committed to Ward till he find Surety unto him by Recognizance to the King's use to obey the Process and Sentence of that Judge 27 H. 8. 20. § 1. N. 7. Crumpt 200. CV Lamb. 353. Tythes Also upon complaint in writing by an Ecclesiastical Judge that hath given definitive Sentence in Case of Tythes against one which wilfully refuseth to pay the Tythes or Sums of Mony so adjudged two such Justices may cause the party to be attached and committed to the next Goal till he find such Surety as is aforesaid to perform that Sentence 32 H. 8. 7. § 4. N. 1. Certificat Br. 31. CVI. Lamb. 353 354. Fresh Suit◠After Execution had for the party Robbed against the Men of the Hundred and upon complaint made by them so charged two Justices of the Peace one being of the Quorum of the same County inhabiting within the said Hundred or near unto it where any such Execution shall be had may Assess and Tax ratably and proportionably by their discretions all and every the Towns Parishes Villages and Hamlets as well of the said Hundred as of the Liberties within the same towards an equal Contribution to be had for the relief of them against whom such Execution was had Dalt 22. cap. 6. 27 Eliz. 13. § 5. N. 1. CVII Lamb. 354. Two Justices of Peace Wayes whereof one to be of the Quorum which were present at the Session wherein any person was Convicted for any offence against the Statute 27 Eliz. 19. § 2. N. 3. of High-ways within the Wield of Kent Surry or Sussex may make Warrant for levying the forfeits thereof to any Officer and they also may appoint by their discretion such ways and means to levy the doubles for not paying those forfeits within twenty days next after lawful demand of the same by such Officer 39 Eliz. 19. § 4. N. 6. CVIII Lamb. 354. Poor Any two Justices of the Peace have power to hear and determine all Causes that shall grow in Question by the Statute of Rogues 39 Eliz. 4. Dalt 21. cap. 6. 154. cap. 66. CIX Lamb. 354. Two Justices of Peace of or near the place to which a Soldier or Mariner cometh with a Testimonial of one Justice of Peace shall take order by their discretion for setting to work or relieving of him if he cannot of himself get work there or imploy himself in lawful course of Life 39 Elizab. 17. § 6. N. 1. Dalton 22. cap. 6. Drapery CX Lamb. 355. Two Justices of Peace dwelling next any City or Town where any Retailer of Woollen Cloth shall present unto them any defective Cloth against this Statute 5 6 Ed. 6. 6. § 31. N. 1. being conferred with 4 5 Phil. Mar. 5. § 34. N. 1. shall cause the same to be cut into three equal parts whereof the one to be to the King and the other to the Presenters and the third to the Justices themselves Crumpt 200. Dalt 21. cap. 6. 154. cap. 66. Admiral CXI Lamb. 355. No Fisher-man shall be taken to serve as a Mariner by the King's Commission but by the choice of two Justices of the Peace adjoining to the place where he is to be taken 5 Eliz. 5. § 43. N. 1. Crumpt 200. Dalt 86. cap. 34. Woods CXII Lamb. 355. Two Justices of Peace not being of Kindred Alliance Counsel or Fee to the Lord or Owner of a wood appointed by the more part of the Justices of Peace at their Sessions upon complaint of the Lord made unto them may divide and set out the fourth part of it if the Lord and Commoners thereof being first called before them cannot agree upon it 35 H. 8. 17. § 7. N. 2. Crumpt 200. ab Amerciaments CXIII Lamb. 335 336. Two Justices of the Peace whereof the one to be of the Quorum appointed by the Custos Rotulorum or by the eldest of the Quorum in his absence are to Oversee and Controul the Sheriffs Books and Amerciaments and the Estreats of the said Amerciaments are to be made by Indentures betwixt them and the Sheriff or Under-Sheriff and to be sealed with their Seals and they may upon suggestion make Process as in an Action of Trespass against the offenders to answer 11 H. 7. 15. § 1. N. 17. Crumpt 200. b. Poor CXIV Lamb. 356 357. Two or more Justices of the Peace whereof one to be of the Quorum dwelling in or near the Parish or Division where the Parish is must nominate yearly in Easter week or within one month after Easter under their Hands and Seals four three or two c. to be Overseers of the poor and the Church-Wardens and Overseers with the consent of two or more such Justices of Peace set the Poor on work Tax Inhabitants and bind Children out excuse to be allowed by two Justices and accounts yearly c. And two such Justices may Tax any other Parish within the Hundred to contribute to levy and in default to commit 42 Eliz. 2. § 1. N. 1. c. Dalt 154. cap. 66. Drapery CXV Lamb. 357. The offences of Clothiers or others in not paying so much Wages to their Weavers Spinsters c. as shall be rated according to this Act being confessed by the Offender or proved by two sufficient Witnesses before two Justices of the Peace whereof one to be of the Quorum the person offending shall forthwith stand Convicted thereof and the forfeiture of 10 s. to the party grieved to be levyed by Distress and Sale by Warrant from the same Justices 1 Jac. 6. § 7. N. 2. Dalt 21. cap. 6. 156. cap. 66. Poor CXVI Lamb. 357. Any two Justices of Peace of any City Borough Town Corporate and places Priviledged may Assess the Inhabitants thereof at such reasonable Taxes as they shall think fit for relief of persons Infected with the Plague and dwelling in houses Infected to be levyed by Warrant of two such Justices of Peace and in default of Goods to commit c. 1 Jac. 31. §
2. N. 1. Dalt 21. cap. 6. Pope CXVII Lamb. 358. Two Justices of the Peace the one being of the Quorum may require any person of Eighteen years of Age or above Convict or Indicted for Recusancy for not repairing to Divine Service or which hath not received the Sacrament twice within the year then next past or any unknown person passing through the County confessing or not denying being Examin'd upon Oath him or her self to be a Recusant or that he or she received not the Sacrament other then Noblemen or Noblewomen to take the Oath in this Statute appointed and are to certifie in writing at the next Quarter Sessions the names and place of persons so taking the Oath and to commit refusers to the common Goal without Bail until next Assizes or Quarter Sessions 3 Jac. 4. § 13. N. 2. c. Dalt 87. cap. 36. CXVIII 5 6 Ed. 6. 24. § 2. N. 1. No person to make Felts Apparel Hats or Coverlets but by License by Mayor Recorder Steward and two Justices of Peace of the said City of Norwich or by four of them c. Lambert 359. CXIX 35 H. 8. 11. § 4. N. 1. Provided Wales That two Justices in every County of Wales and Monmouth may Tax Inhabitants for Wages of Citizens and Burgesses of Parliament Lamb. 359. CXX 11 H. 7. 9. § 1. N. 5. None to let Ferm in Tindal and Examshire Peace till Lessee with two Sureties of 40 s. per Annum be bound to the King by Recognizance in 20 li. before two Justices of the Peace of Northumberland Quorum unus to appear on six days notice before them or at any Sessions c. Lamb. 359. CXXI Lamb. 359. Purveyors That two Justices have power on 2 3 Phil. Mar. 15. § N. 13 Eliz. 21. § N. for prohibition of Purveyors within five miles of either of the Universities CXXII Lamb. 359. Two Justices of Peace one of the Quorum Ways have power on 14 H. 8. 6. § N. 26 H. 8. 7. § N. for laying out new High-ways in Kent and Sussex CXXIII Lamb. 359. Two Justices Quorum unus have power for repair of Cardiff Bridge 23 Eliz. 11. § N. CXXIV Lamb. 359. The like for the making of the Bridge of Wilton over Wye in the County of Hereford 39 Eliz. 24. CXXV Lamb. 359. The like for repair of Chepstow Bridge 3 Jac. 23. CXXVI 35 Eliz. 6. § 2. N. 4. Cottages None to Erect new Building for Habitation within three Miles of London except Assess'd to Subsidy at 5 li. Goods or 3 li. Lands or shall be adjudged by the two next Justices of Peace by writing under their Hands and Seals to be fit and able to be Assessed in the Subsidy at that rate c. Lamb. 359. CXXVII Crumpt 199. b. Two Justices of Peace may give License to Fencers Bearwards Common-Players in Enterludes Minstrels Juglers License Pedlers Tinkers and petty Chapmen to go so that they shall not be taken for Rogues 14 Eliz. 5. 39. Eliz. 4. § N. CXXVIII Lamb. 360. Riot Three Justices of the Peace one of them being of the Quorum may discharge out of Prison any Person committed thither for his Offence in not declaring to a Justice within 24 hours that he was moved to joyn in any unlawful Assembly contrary to 1 Mar. 1. St. 3. cap. 12. § 11. N. 1. 1 Eliz. 17. § N. Crumpt b. CXXIX Lamb. 360. Apprentice It is requisite that the Certificate that is to be made to the head Officer of a City or Town Corporate where a Child is to be put Apprentice to a Merchant Mercer Draper Goldsmith Ironmonger Imbroyderer or Clothier that the Father or Mother of such Child may dispend forty Shillings freehold by the year be under the Hands and Seals of three Justices of the Peace where the Lands lye 5 Eliz. 4. § 27. N 2. Crumpt 200. b. CXXX Lamb. 360. 361. Four Justices of Peace of the County Pope Limit or Division where a Recusant is confined according to the Statute of 35 Eliz. 1. § N. With the assent in writing of the Bishop of the Diocess or of the Lieutenant or Deputy Lieutenant of the same County under their hands and Seals may give licence to such Recusant to travail about his necessary business according to the limitation of the same licence the Party licenced first taking his Oath that he hath truly informed them of the Cause of his Journy and that he shall not make any causless stayes 3 Jac. 5. § N. Poor ways CXXXI Lamb. 361. The Bishop and his Chancellor and three such Justices of the Peace have power to examine how mony or other relief appointed by King H. 8. or any other to the use of the Poor or of amending of High-ways or Bridges is bestowed and to call to account the Detainers thereof 14 Eliz. 5. § N. 29 Eliz. 18. § N. Crumpt 200. b. Religion CXXXII Lamb. 361. It seemeth that three such Justices of the Peace may out of the Sessions take Information and Accusation by the Oaths of two honest Persons against such as shall deprave the Sacrament of the Body and Blood of our Lord and Saviour Jesus Christ against the Statute and Examine them what other Witnesses were then by and to bind them all by recognizance to give in Evidence at the day of Tryal 1 Ed. 6. 1. § N. but enquire of this matter Dalt 133. 134. cap. 49. Crumpt 124. a. Ways CXXXIII Lamb. 361. 362. Four Justices of the Peace whereof one to be of the Quorum may where a decayed Bridge is and where it cannot be proved who or what Lands be chargeable to the repairing thereof tax the Inhabitants make Collectors and appoint Overseers for the amendment of the same c. 22 H. 8. 5. Crumpt 200. b. 125. Imprisonment CXXXIV Lamb. 362. Six Justices of the Peace may in sundry Shires take order for the common Goals whereof the Sheriff shall have the Custody and to the which Murderers and Felons c. shall be sent and may do and perform divers incidents thereto by the Statutes 23 H. 8. 2. § N. 13 Eliz 25. § N. Crumpt 200. b. 201. a. Sewers CXXXV Lamb. 362. Six Justices of the Peace two of them being of the Quorum may for a whole year after the expiration of any Commission of Sewers execute the Laws of the Commissioners of Sewers unless that a new Commission of Sewers be published within the year 13 Eliz. 9. § N. Dalt 134 cap. 50. Crumpt 201. Wales CXXXVI 34 35 H. 8. 26. § 57. N. 1. The Justices of Peace in Wales or two of them at the least whereof one to be of the Quorum shall and may keep their Sessions within the limits of their Commissions four times in the year and at other times upon urgent Causes as Justices of Peace in England use to do and shall have like Power and
Communis precationis ac contra pacem dicti Domini Regis Coronam Dignitatem suas Marshalsey see Coron Marshes see Husbandry Masons Tyles Brick-layers Lime Burning I. LAmb. 193. Any one Justice of the Peace by the large words of 17 Ed. 4. 4. § 1. N. 13. may enquire hear and determine by his discretion as well by examination as otherwise the offences committed in Tyle-making and Assess the Fine therein limited and may call before him at any time or place such as have best knowledge in Tyle-making and appoint them searchers of the said defaults but learn whether it be so to be taken or no Crumpt 195. b. § 23. Dalt 140. cap. 59. II. Lamb. 460 461. Enquiry at Sessions If any Tyle-maker have not digged and cast up his Earth for Tyle till after the first of November or have not stirred and turned it till after the first of February following or if he have wrought it before the first of March following or if he have not wrought and tryed it from Stones Veins and Chalk Or if he have made or any person have put to Sale any plain Tyle under ten Inches and a half in length six Inches and a quarter in breadth and half an Inch and a quarter in thickness or any Roof Tyle under thirteen Inches in length and half an Inch and half a quarter in thickness with convenient deepness Or any Gutter-Tyles under ten Inches and a half in length with convenient thickness breadth and depth And if any Searchers appointed for the Over-sight of the true making of Tyle have not done their effectual endeavour and diligence in this behalf 17 Ed. 4. 4. § 1. N. 2. c. Crumpt 90. b. Dalt 150. cap. 65. III. Lamb. 500. Of like value viz. as Verdict of XII is a Presentment made at the next Sessions by Searchers appointed to examine the true making of Tyles 17 Ed. 4. 4. § 1. N. 19. Crumpt 125. b. IV. Lamb. 525. The Justices of Peace may hear by their discretion as well by Examination as otherwise at the suit of the King or of the party the offences done against 17 Ed. 4. 4. § 1. N. 13. Crumpt 130. b. Lamb. 528. 570. V. Crumpt 49. Charge at Sessions you shall inquire of Congregations and Confederacies done by Masons in their General Chapters and Assemblies whereby the effect of the Statutes of Labourers is destroyed if any such be Assembled These who make such Assemblies and hold these Chapters and Congregations are Felons and the other Masons that come to these shall be punisht by imprisonment Fine and Ransom at the King's Will 3 H. 6. 1. § N. 1 Ed. 6. 12. § N. 5 Eliz. 4. § N. Fitzh I.P. 115. Lamb. 225. Mettle Brass Pewter Latten Tynn c. I. LAmb. 610. At the Quarter Sessions to be holden after Michaelmas the Justices of Peace are to appoint Searchers for Brass and Pewter 19 H. 7. 6. § 1. N. 15. 4 H. 8. 7. § 6. N. 2. Crumpt 19. ab Enquiry at Sessions if any Pewterer or Brasier sell or exchange any Pewter or Brass in any place if it be not in Market overt or Fair or in their Houses if he be not required by the buyer he shall forfeit 10 li. for every default 4 H. 8. 7. § N. 19 H. 7. 6. § N. 25 H. 8. 9. Fitzh I. P. 126. Lam. 460. III. Crumpt 90. b. If any Cast or Work any Pewter Vessel or Brass that is not good and fine Mettle as is wrought in London and as by the Statute thereof made ought to be shall forfeit the Pewter and Brass so Cast and Wrought Fitzh I. P. 126. IV. Crumpt 90. If any make any hollow Ware of Pewter as Salts or Pots called Ley-mettle which is not according to the Assize of Pewter or Ley-mettle which is wrought in London or doth not mark this with their proper marks they shall be forfeit 4 H. 8. 7. § N. Fitzh I. P. 126. V. Crumpt 90. b. Enquiry at Sessions if any that use the selling or buying of Brass or Pewter occupieth any deceitful or false Beams or Weights he shall forfeit 20 s. and shall be put in the Stocks until the next Market-day and then shall be put on the Pillory in time of Market 4 H. 8. § N. Fitzh I. P. 126. VI. Lamb. 460. Inquiry at Sessions if any Gold-smith or Worker of Silver have wrought any Silver that is not so fine in Allay as the Sterling or have not set his mark upon his work before he set it to sale 2 H. 6. 14. § N. And if any have guilded any Sheaths or any Mettle but Silver saving the Spurs of Knights and the Apparel of a Baron or such as are above that state 8 H. 5. 3. § N. Crumpt 89. b. VII Lamb. Precedents 20. pl. 56. An indictment against a Gold-smith â—â—â—t ss Juratores pro Domino Rege super sacramentum suum presentant quod A. B. de S. in dicto Comitatu Aurifaber secundo die Julii Anno Regni c. Apud S. predict ' in Com' predict ' quoddam Manubrium pugionis ferrei Anglice dict' a Dagger-hilt of Iron Cujusdam E. F. de S. predict ' in Com' predict ' Yeoman valoris duorum solidorum deauravit Anglice did guild with the finest Gold in magnum reipublicae detrimentum ac contra form ' cujusdam Statuti in Parliament ' Domini Henrici nuper Regis Angliae quinti tent ' Anno Regni sui octavo in hujusmodi casu provisi editi West Symbol ' 2. part 109. b. sect 122. 8 H. 5. 3. § N. Master see Apprentice Mass see Pope Mault see Corn. Mean Acts see Days Menace see Affray Messages see Ways Measures Weights I. LAmb. 351. Two Justices of Peace so that one be of the Quorum may by Examination or Inquiry hear and determine the faults of Head-Officers of Cities Boroughs and Market Towns that do not yearly View and Examine Weights and Measures and break and burn the defective As also the defaults of Buyers and Sellers by other Weights and Measures then they ought to do and may break and burn the defective Weights and Measures and Amerce and Fine the Offenders by their discretion and make Process against them as if they were Indicted of Trespass against the Peace 11 H. 7. 4. § 1. N. 13. 12 H. 7. 5. Crumpt 199. b. 95. a. 131. 152. Dalt 142. cap. 65 II. Lamb. 431. Inquiry at Sessions if the Mayor of c. have taken above one peny for sealing a Bushel Measure or above a half-peny for any other Measure or above one peny for Sealing an Hundred-Weight or above a half-peny for half a Hundred-Weight or above a farthing for any less Weight 7 H. 7. 4. § N. 11 H. 7. 4. § N. III. Lamb. 452. If any common Brewer Baker or Tipler have broken the Assize of Bread Beer or Ale and if any Steward of Leet or Officer in Market Town have taken any Fine for breach of the
in Corporate Towns c. But now by 8 Eliz. 9. § 5. N. 1. The Assessment of the Prices thereof shall be by the Justices or the more part of them being present at the Easter Quarter Sessions and only of such Vessels as shall be made or sold out of Cities or Corporate Towns Crumpt 93. XVIII Dalt 149. Butter shall be Ale-Measure 32 Gallons to the Barrel Victuals the empty Vessel not to weigh above 26 li. Firkin not above 6 li. and half XIX Dalt 149. cap. 65. A weigh of Cheese is 32 Cloves every Clove 8 li. of Averdupois although 9 H. 6. 8. and the Assize Printed 1597 seem to make 7 li. to be a Clove and yet by the Assize the weigh of Suffolk Cheese must be 256 li. or 12 score and 16 li. Averdupois and their Barrel of Butter is of like weight with the foist but the weigh of Essex Cheese or Butter is 300 li. after the Rate of 5 score and 12 li. to the Hundred which is 336 li. or 16 score and 16 li Averdupois XX. Dalt 149. cap. 65. For the Assize of Fewel scil Cole Talwood Billet and Faggot see 7 Ed. 6. 7. 43 Eliz. 14. XXI Dalt 150. cap. 65. Note That the Clerk of the Market may enquire of the Pole or Pearch whereby Land is measured as well as of other Measures Crumpt Jurisd 221. but the Justices of Peace are not to meddle therewith especially out of their Sessions XXII Kilb. Presidents 108. b. A Warrant on complaint touching Coals on 16 17 Car. 2. 2. To the Constables c. Kent ss THese are in His Majesty's Name to require you to cause A. B. of c. to come before us J. S. and W. B. Two of His Majesty's Justices of the Peace for this County at the House of c. the Tenth day of c. to answer such complaint against him for offences against an Act of Parliament lately made Entitled An Act for the Regulating the Measures and Prices of Coals as hath been made unto us and further to do and receive as to Justice doth appertain hereof fail not at your perils Given under our Hands and Seals the Ninth day of c. XXIII Kilb. Precedents 108 109. A Warrant for delivering a Moiety of Coals forfeit c. 16 17 Car. 2. 2. Kent ss FOrasmuch as A. B. of c. is duly Convicted before us J. S. and W. S. Two of His Majesties Justices for the Peace of this County according to the Form of the Statute in that behalf made Intituled An Act for Regulating the Measures and Prices of Coals That he the said A. B. did lately expose to Sale forty Chaldron of Sea-Coals Scotch-Coals c. of the value of c. contrary to the Form of the Statute aforesaid These are therefore in His Majesty's Name to Will and Require you to seize the Coals aforesaid and the double value thereof and that you do deliver one half of the Coals and value aforesaid unto C. D. being the person prosecuting in this behalf to his use and likewise that you do imploy and dispose the other half of the same to and for the use of the poor or repairing of the High-ways of the Parish of M. where the said offence was Committed hereof fail not at your perils Given under our Hands and Seals the Tenth day of c. Milch Kine see Cattle Millers see Corn. Militia and Musters see War Ministers see Ecclesiastical Persons Religion Minstrels see Games Misfeasons see Officer Misprision see Treason Mitigation see Amerciament Forfeiture Mittimus see Imprisonment Monasteries see Abbey Mony Multiplication I. LAmb. 225. Any Justices may Examine and Commit for practising in the Art of Multiplication of Gold or Silver condemned for Felony by 5 H. 4. 4. Crumpt 49. II. Lamb. 420. Enquiry at Sessions if any person have practised the Art of Multiplication of Gold or Silver 5 H. 4. 4. III. Crumpt 49. Also you shall inquire at the Sessions of all those that have any Galley Half-pence Suskins or Dotkins made coyned bought or brought into the Realm this is Felony 3 H. 5. 1. IV. Crumpt 7. b. pl. 21. This Statute 3 H. 5. St. 2. cap. 6. as to Clipping and Washing is Repealed 1 Mar. 1. cap. 1. § 3. N. 1. and a new Statute thereof made 5 Eliz. 11. 18 Eliz. 1. § N. but Authority is not given to Justices of Peace by these Statutes to inquire thereof and therefore the putting this into the Commission is void but by 3 H. 5. St. 2. cap. 7. it 's ordained That Justices of Peace through the Realm have power by the King's Commission to enquire of Counterfeiting and of Importing of false Mony into the Realm made in likeness of the Mony of this Land and to Award a Capias only against them who are thereof Indicted before them and this is declared to be Treason by 25 Ed. 3. St. 5. cap. 2. § 1. N. 5. Dalt 19. cap. 1. V. Crumpt 241. b. pl. 32. An Indictment against those who Counterfeit Mony West Symb. 2. part 115. sect 143. Somerset ss Inquiratur pro Domino Rege si R. W. nuper de H. in Com' predict ' Smith I. L. c. T. B. c. deum prae oeulis suis non habentes sed instigatione Diabolica Seducti Machinantesque dictum Dominum Regem populum suum callidè falsò deceptivè proditoriè decipere defraudare 12 die Martii An' Regni c. Sex pecias monetae apud B. predict ' in Com' predict ' de cupro aliis mixtis Metallis ad instar ad similitudinem bonae legalis current ' monetae cunei dicti Domini Regis hujus Regni sui Angliae Anglicè vocat ' Shillings nec non duas pecias è cupro aere aliis mixtis Metallis ad instar similitudinem bonae legalis current ' monet ' cunei Auri dicti Domini Regis Regni sui Angliae Anglicè vocat ' half Sovereigns falsò proditoriè fabricaverunt cuderunt controfecerunt ac quasdam earundem peciarum sic ut praemittitur falsò proditoriè fabricat ' cusus controfact ' diversis ligeis dicti Domini Regis pro vera legitima current ' monet ' hujus Regni Angliae apud B. predict ' alibi in dict' Com' Somerset Postea deceptivè falsò proditoriè exposuerunt solverunt utteraverunt in magnum prejudicium fraudem deceptionem ligeorum dicti Domini Regis ac contrà pacem ejusdem Domini Regis Coronam Dignitatem suas c. nec non contrà form ' diversorum Statutorum in hujusmodi casu edit ' provisorum West Simbol ' 2. Part 114. b. Sect. 142 143. VI. Crumpt 242. pl. 33. alio modo West Symb. 2. Part 115. Sect. 144. Somerset ss Inquiratur pro Domino Rege si H. H. nuper de B. in Com' predict ' Taylor deum prae oculis suis non habens sed instigatione
apposit ' vulgariter dict' a blind Tavern Et quod primo die Junii c. necnon diversis diebus noctibus antea postea in eandem domum diversos homines maloe Conversationis suspect ' venient ' omnibus horis tam noctis quam diei recipit hospitatus est per quod vicini sui ac alii ligei populi dict' Domini Regis ibidem multipliciter vexantur inquietantur gravantur ministri Domini Regis propter pacis Conservationem officia sua ibidem exercere exequi prohibentur sepenumero in periculo Amissionis vitoe Loesionis Corporum suorum quotidie existunt Et quod J. uxor predict ' J. S. est communis objurgatrix tam cum vicinis quam cum aliis ligeis dicti Domini Regis per quod populi dicti Domini Regis multipliciter molestantur inquietantur gravantur contra pacem dicti Domini Regis c. Pedlers see Poor Penal Laws see Information Pensions see Poor Peers see Dignity Perjury see Oath Pety Larceny see Coron Trespass Pety Constable see Constable Pety Sessions see Constable Pety Treason see Treason Pewter see Mettle Physicians I. LAmb. 3. cap. 4. pag. 368. Every Justice of Peace Justices that dwelling within Seven Miles of London doth not upon request assist the Colledge of Physicians of London in the Execution of the Statute 32 H. 8. 8. shall be punished as one that runneth in Contempt of the King 1 Mar. 1. St. 2. cap. 9. § 6. N. 1. Pictures see Religion Pillory see Coron Imprisonment Pyracy see Admiral Playes see Games Plague see Poor Plaints see Information Pleading Demurrer Traverse General Issue Proof I. LAmb. 4. cap. 13. pag. 531 532. Some things be common to Peers and Commoners for if the Party charged will Demur in Law upon the Evidence the Justices ought to Record his Demurrer so if he will plead in Jusitification any matter of Record that is before other Justices they ought to give him day to bring it in by Marrow II. Lamb. 532. But if the Prisoner plead a Pardon before them in which certain Persons be excepted and the Kings Attorney is not present to joyn Issue that he which pleadeth it is one of those that be excepted then they themselves may supply the Office of the Attorney in that behalf 8 Ed. 4. 7. III. Lamb. 533. This Liberty of Traverse is commonly restrained to Indictment of Trespasses Contempts Riots c. and other Inferior Offences within the Commission or Statutes Authorizing the Justices of Peace and is not usually extended to Treasons or Felonies IV. Lamb. 533 534. Mr. Brooke in Traverse de Office Br. 10. noteth That it is not much used to Traverse Indictments before Justices of the Peace but rather to remove them in B. R. and to Traverse them there howbeit common experience at this day can shew many Traverses before Justices of the Peace also and there is no doubt but as Justices of Peace have power to Award Process and the Parties also have Liberty to speak for themselves so having spoken the Justices may hear and determine of their Speech whether it touch them in Freehold or otherwise POOR Vagabonds Beggars Worke-houses Setlement House of Correction Wanderers Removal Labourers Apprentice I CRompt 184. b. He that hath not sufficient of his own to occupy shall be compelled to serve Ability F. N. B. 168 II. 23 Ed. 3. 7. Item Charity Because that many Valiant Beggers as long as they may live of Begging do refuse to labour giving themselves to Idleness and Vice and sometimes to Theft and other Abominations None upon the said pain of Imprisonment shall under the Colour of Pity or Alms give any thing to such which may labour or presume to favour them towards their desires So that thereby they may be compelled to labour for their necessary living c. 1 Ed. 6. 3. § N. 21 Jac. 28. § N. III. 7 Rich. 2. 5. § 1. N. 2. And moreover it is ordained and assented to refrain the malice of divers people Flitors and wandering from place to place Justices running in the Country more abundantly than they were wont in times past that from henceforth the Justices of Assises in their Sessions The Justices of Peace and the Sheriffs in every County shall have power to enquire of all such Vagabonds and Flitors and of their offences and upon them do that the Law demandeth 39 Eliz. 4. § N. and 21 Jac. 28. § N. IV. 7 Rich. 2. 5. § 1. N. 3. And that as well the Justices and Sheriffs Good behavior as the Mayors Bayliffs Constables and other Governours of Towns and places where such Flitors and Vagabonds shall come shall from henceforth have power to Examine them diligently and to compel them to find surety of their good abearing by sufficient mainpernours of such as be distrainable if any default be found in such Flitors and Vagabonds 39 Eliz. 4. § N. and 21 Jac. 28. § N. V. 7 Rich. 2. 5. § 1. N. 4. And if they cannot find such surety Imprisonment they shall be sent to the next Goal there to abide till the coming of the Justices assigned for the deliverance of the Goals who in such case shall have power to do upon such Flitors and Vagabonds so Imprisoned that thereof to them best shall seem by the Law 39 Eliz. 4. § N. and 21 Jac. 28. § N. and 11 H. 7. 2. VI. 12. Ric. 2. 7. Item License It is accorded and assented that of every person that goeth Begging and is able to serve or labour it shall be done of him as of him that departeth out of the hundred and other places aforesaid without Testimonal as aforesaid except people of Religion and Hermites having letters Testimonial of their Ordinaries 1 Ed. 6. 3. § N. and 21 Jac. 28. VII 12 Rich. 2. 7. § 1. N. 2. And that the Beggers Impotent to serve Settlement shall abide in the Cities and Towns where they be dwelling at the time of the Proclamation of this Statute and if the people of Cities or other Towns will not or may not suffice to find them that then the said Beggers shall draw them to other Towns within the Hundred Rape or Wapen-take Or to the Towns where they were born within forty days after the Proclamation made and there shall continually abide during their Lives 1 Ed. 6. 3. § N. 21 Jac. 28. § N. VIII 12 Ric. 2. 7. § 1. N. 3. And that of all them that go in Pilgrimage Religion as Beggers and be able to travail it shall be done as of the said Servants and Labourers If they have no letters Testimonial of their Pilgrimage under the said Seals 1 Ed. 6. 3. 21 Jac. 28. Scholars IX 12 Ric. 2. 7. § 1. N. 4. And that the Scholars of the Universities that go so Begging have letters Testimonial of their Chancellor upon the same pain 1 Ed. 6. 3. § N. and 21 Jac. 28.
calling themselves Aegyptians that he shall lawfully seize by vertue of this Statute 22 H. 8. 10. § 5. N. 1. Crompt 178. and 195. § 13. XXXVII Lambert 366. That Justice of the Peace which seizeth the Goods of any Aegyptians Restitution and doth not Incontinently restore such part thereof as shall be proved before him to have been Craftily or Feloniously taken shall forfeit the double thereof to such Provers 22 H. 8. 10. § 4. N. 1. XXXVIII Crompt 129. § 32. If any Outlandish Person naming himself an Aegyptian or any such stranger commits any Murder Enquest Felony or Robbery and upon his Arraignment pleads not Guilty or any other plea tryable by the Country the Enquest in this Case shall be all of English 22 H. 8. 10. § 2. N. 3. And so shall the Enquest be where any of the said Aegyptians is Indicted of Felony for continuance within this Realm by the space of a month Contrary to 1 2 Ph. Mar. 4. § N. and 5 Eliz. 20. XXXIX 22 H. 8. 12. Where in all places throughout this Realm of England Vagabonds and Beggars have of long time increased Laborors and daily do increase in Great and Excessive Numbers by the occasion of Idleness the Mother and Root of all Vices whereby hath Insurged and sprung and daily Insurgeth and springeth continual Thefts Murders and other sundry hainous Offences and great Enormities to the high displeasure of God the inquietation and dammage of the Kings people and to the marvellous disturbance of the commonweal of this Realm 35 Eliz. 7. § 25. N. 1. XL. 22 H. 8. 12. § 1. N. 2. And whereas many and sundry good Laws strict Statutes and Ordinances have been before this time devised and made Contempt as well by the King our Soveraign Lord as also by divers his most noble Progenitors Kings of England for the most necessary and due reformation of the premises yet that notwithstanding the said numbers of Vagabonds and Beggars be not seen in any parts to be punished but rather daily augmented and increased into great Routs and Companies as evidently and manifestly it doth and may appear XLI 22 H. 8. 12. § 1. N. 3. Be it therefore enacted Justices c. That the Justices of the Peace of all and singular the Shires of England within the limits of their Commissions and all other Justices of Peace Mayors Sheriffs Bailiffs and other Officers of all and every City Borough Riding or Franchis whereof they be Justices of Peace Mayors Sheriffs Bailiffs or Officers and so being divided shall make diligent search and enquiries of all Aged Poor and impotent Persons which live or of necessity be compelled to live by Alms of the Charity of the People that be or shall be hereafter abiding within every Hundred Rape Wapentake City Borough Parish Liberty or Franchis within the limits of their Division and after and upon such search made the said Justices of Peace Mayors Sheriffs Bailiffs and other Officers that is to say every of them within their limits of their Authorities whereunto they be divided shall have Power and Authority by their Discretions to enable to beg within such Hundred Rape Wapentake City Town Parish or other Limits as they shall appoint such of the said Impotent persons which they shall find and think most convenient within the limits of their Division to live of the Charity and Alms of the People and to give in Commandment to every such Aged and Impotent Beggar by them enabled that none of them shall beg without the limits to them so appointed Records XLII 22 H. 12. § 1. N. 4. And shall also register and write the names of every such Impotent Beggar by them appointed in a Bill or Roll Indented the one part thereof to remain with themselves and the other part by them to be certified before the Justices of Peace at the next Sessions after such search had to be holden without the said Shires Cities Towns or Franchises there to remain under the keeping of the Custos Rotulorum Seals XLIII 22 H. 8. 12. § 1. N. 5. And that the said Justices of Peace Mayors Sheriffs Bailiffs and other Officers that is to say as they be divided shall have Power and Authority to make such and so many Seals to be Ingraved with the Names of the Hundreds Rapes Wapentakes Cities Boroughs Towns or places within the which they shall appoint and limit every such Impotent Person to beg and commit the said Seals to the custody of such of them or to the custody of such other as they shall think convenient License XLIV 22 H. 8. 12. § 1. N. 6. And shall make and deliver to every such Impotent Person by them enabled to beg a Letter containing the name of such Impotent Person and witnessing that he is Authorized to beg and the limits within which he is appointed to beg Seals XLV 22 H. 8. 12. § 1. N. 7. The same Letter to be sealed with such of the said Seals as shall be engraved with the names of the limits wherein such Impotent Person shall be appointed to beg in and to be subscribed with the name of one of the said Justices or Officers abovesaid Lieu. XLVI 22 H. 8. 12. § 1. N. 8. And if any such Impotent Person so authorized to beg do beg in any other place than within such limits that he shall be assigned unto that then the Justices of Peace Mayors Sheriffs Bailiffs Constables and all other the Kings Officers and Ministers shall by their discretions punish all such persons by Imprisonment in the Stocks by the space of two days and two nights giving them but only bread and water and after that cause every such Impotent Person to be sworn to return again without delay to the Hundred Rape Wapentake City Borough Town Parish or Franchis where they be Authorised to beg in License XLVII 22 H. 8. 12. § 2. N 1. And it is Enacted that no such Impotent Person as is abovesaid after the Feast of the Nativity of St. John Baptist next coming shall beg within any part of this Realm except he be Authorized by Writing under Seal as is abovesaid and if any such Impotent Person after the Feast of St. John be Vagrant and go a begging having no such Letter under Seal as is above specified that then the Constables and all other Inhabitants within such Town or Parish where such person shall beg shall cause every such Beggar to be taken and brought to the said Justice of Peace or High Constable of the Hundred XLVIII 22 H. 8. 12. § 2. N. 2. Pain And thereupon the said Justice of Peace or high Constable shall command the said Constables and other Inhabitants of the Town or Parish which shall bring before him any such Begger that they shall strip him naked from the middle upward and cause him to be whipped within the Town where he was taken or within some other Town
where the same Justice or high Constable shall appoint if it shall seem to the discretion of the said Justice of Peace or high Constable that it be convenient so to punish such Beggers to him brought XLIX 22 H. 8. 12. § 2. N. 3. And if not Imprisonment then to command such Begger to be set in the Stocks in the same Town or Parish where he was taken by the space of three days and three nights there to have only bread and water L. 22 H. 8. 12. § 2. N. 4. Lieu. And thereupon the said Justice or high Constable afore whom such Begger shall be brought shall limit to him a place to beg in and give him a Letter under Seal in form above remembred and swear him to depart and repair thither immediatly after his punishment to him executed LI. 22 H. 8. 12 § 3. N. 1. And be it further Enacted Ability c. That if any person c. Being hole and mighty in Body and able to labour at any time after the said Feast of Saint John be taken in Begging in any part of this Realm or if any Man or Woman being hole and mighty in Body and able to labour having no Land Master nor using any lawful Merchandize Craft or Mystery whereby he might get his living after the same Feast be Vagrant and can give no reckning how he doth lawfully get his living that then it shall be lawful to the Constables and all other the Kings Officers Ministers and Subjects of every Town Parish and Hamlet to Arrest the said Vagabonds and Idle persons and them bring to any of the Justices of the Peace of the same Shire or Liberty or else to the high Constable of the hundred Rape or Wapentake within which such persons shall be taken and if he be taken within any City or Town Corporate then to be brought before the Mayor Sheriff or Bailiff of every such Town Corporate LII 22 H. 8. 12. § 3. N. 2. And that every such Justice of Peace Pain high Constable Mayors Sheriffs and Bailiffs by their discretions shall cause every such Idle person so to him brought to be had to the next Market Town or other place where the said Justice of Peace high Constable Mayors Bayliffs and other Officers shall think most convenient by his or their discretions and there to be tyed to the end of a Cart naked and be beaten with Whips throughout the same Market Town or other place till his body be bloody by reason of such Whipping LIII 22 H. 8. 12. § 3. N. 3. Oath And after such punishment and whipping had the person so punished by the discretion of the Justice of Peace high Constable Mayor Sheriffs Bailiffs and other Officers afore whom such persons shall be brought shall be enjoyned upon his Oath to return forthwith without delay in the next and strait way to the place where he was born or where he last dwelled before the same punishment by the space of three years and there to put himself to labour like as a true man ought to do LIV. 22 H. 8. 12. § 3. N. 4. And after that done Pasport every such person so punished and ordered shall have a Letter Sealed with the Seal of the Hundred Rape Wapentake City Borough Town Liberty or Franchis wherein he shall be punished Witnessing that he hath been punished according to this Statute and containing the day and place of his punishment and the place whereunto he is limited to go and by what time he is limited to come thither within which time he may lawfully Beg by the way shewing the same Letter and otherwise not Proces LV. 22 H. 8. 12. § 3. N. 5. And if he do not accomplish the order to him appointed by the said Letter then to be Eftsoons taken and whipped and so as often as any default shall be found in him contrary to the order of this Statute in every place to be taken and whipped till he be repaired where he was born or where he last dwelled by the space of three years and there put his body to labour for his living or otherwise truly get his living without begging as long as he is able so to do Imprisonment LVI 22 H. 8. 12. § 3. N. 6. And if the person so whipped be an Idle person and no common Begger then after such whipping he shall be kept in the Stocks till he hath found surety to go to service or else to labour after the discretion of the said Justice of Peace Mayors Sheriffs Bailiffs High-Constables or other such Officers afore whom any such Idle person being no common Begger shall be brought if by the discretion of the same Justice of Peace Mayor Sheriff Bailiff High-Constable or other such head Officer it be so thought Convenient and that the party so punished be able to find surety or else to be ordered and sworn to repair to the place where he was born or where he last dwelled by the space of three years and to have like Letter and such further punishment if he Eftsoons offend this Statute as is above appointed to and for the Common strong and able Beggers and so from time to time to be ordered and punished till he put his body to labour or otherwise get his living truly according to the Law Justices LVII 22 H. 8. 12. § 3. N. 7. And that the Justices of Peace of every Shire Riding City Town and Liberty shall have power and Authority within the limits of their Commissions to enquire of all Mayors Bailiffs Constables and other Officers and persons that shall be negligent in Executing this Act. Constable LVIII 22 H. 8. 12. § 4. N. 1. And if the Constables and Inhabitants within any Town and Parish where any such impotent person or strong Begger doth happen to Beg contrary to the form of this Statute be negligent and take not every such impotent and strong Begger that so shall Beg against the form of this Statute and order and punish every such Begger as is above limited that then the Township or Parish where such default shall be shall lose and forfeit for every such impotent Begger that shall be suffered to beg within the said same Township or Parish not being taken ordered and punished according to the form of this Statute 3 s. 4 d. and for every strong Begger that shall happen to beg within any such Township or Parish not being taken and ordered as is above limited by this Statute 6 s. 8 d. the one half of all which forfeitures to be to the King c. And the other half to him that will sue for the same by any Bill of Information before the Kings Justices of his Peace in their General Sessions to be holden in the Shire or within any Liberty where such default shall happen Justices LIX 22 H. 8. 12. § 5. N. 1. And that all Justices of Peace within any Shire City Borough or
Liberty shall have full power and authority as well to hear and determine every such default by presentment as by such bill of Information and upon every presentment afore them and upon every such Bill of Information to make proces by distress against the Inhabitants of every such Town and Parish where any default shall be presented or supposed by any such Information Distress LX. 22 H. 8. 12. § 5. N. 2. By Authority of which distress the Sheriff or other Officer to whom by the Law such distress shall be made shall distrain the Goods and Chattels of such one or two of the said Inhabitants as he may have knowledge were most negligent and in default in the Execution of this Act and the said distress retain till they find surety to appear at the Sessions limited in the said distress LXI 22 H. 8. 12. § 5. N. 3. And in case they appear and Confess the default or else if they traverse the Presentment Americament and it be tryed against them by Verdict or deny the Information and it be proved against them by sufficient Witnesses then the said Justices of Peace in their Sessions shall have Authority to assesse the Fines as been above limited after the rates abovesaid and to make process for the leving of the same by distress of the Inhabitants of such Towns or Parishes where such default shall be tryed or proved LXII 22 H. 8. 12. § 5. N. 4. And that Every such fine Fines if it grow by presentment to be only to the Kings use and if it grow by Information then the moity thereof to be to him that persueth the Information for the same and the other moity thereof to the Kings use as is aforesaid LXIII 22 H. 8. 12. § 5. N. 5. And if any such person Issues or persons distrained appear not at the day and place contained in such distress then upon the return of the Sheriff or other Officers to whom the distress was delivered to execute that such person or persons were distrained then every such person c. so destrained at the first distress shall lose 3 s. 4 d. and at the second 6 s. 8 d. and so to be doubled upon every distress in such cases to be awarded till appearance may be had by one of the Inhabitants of such Town or Parish to deny traverse or Confess the Presentment or Information exhibited against any such Town or Parish to the intent that upon tryal or proof thereof the Fines above limited may be assessed and levyed of the Inhabitants of every such Town or Parish as is above rehearsed LXIV 22 H. 8. 12. § 6. N. 1. And be it enacted Scholars c. That Scholars of the Universities of Oxford and Cambridge that go about Begging not being Authorised under the Seal of the said Universities by the Commissary Chancellor or Vice-Chancellor of the same and all and singular the men pretending losses of their Ships and Goods of the Sea going about the Country begging without sufficent authority witnessing the same shall be punished and ordered in manner and form as is above rehearsed of strong Beggars LXV 22 H. 8 12. § 6. N. 2. Vagrants And that all Proctors and Pardoners going about in the Country c. without sufficent Authority and all other idle persons going about in any Country or abiding in any City Borough or Town some of them using divers and subtile Crafts and unlawful Games and Plays and some of them feigning themselves to have knowledge in Physick Phisnomy Palmistry or other crafty sciences whereby they bear the people in hand that they can tell their Destinies Deceases and Fortunes and such other like fantastical imaginations to the great discredit of the Kings subjects shall upon examination had before two Justices of the Peace whereof the one shall be of the Quorum if he by probable Witness be found Guilty of any such deceits be punished by whipping at two days together after the manner before rehearsed 14 Eliz. 5. § 5. N. 3. LXVI 22 H. 8. 12. § 6. N. 3. And if he Eftsoons offend in the said offence or any like offence to be scourged two days Pain and the third day to be put upon the Pillory from 9 of the Clock till a 11 before noon of the same day and to have one of his ears Cut off LXVII 22 H. 8. 12. § 6. N. 4. And if he offend the third time Pain to have like punishment with whipping standing on the Pillory and to have his other ear cut off LXVIII 22 H. 8. 12. § 6. N. 5. And that Justices of the Peace Franchis have like Authority in every Liberty and Franchis within their Shires where they be Justices of Peace for the Execution of this Act in every part thereof as they shall have without the Liberty or Franchis Notice LXIX 22 H. 8. 12. § 7. N. 1. And it is further Enacted that this Act shall yearly be read in the open Sessions to the intent that the said Estatute shall be the more feared and the better put in Execution Charity LXX 22 H. 8. 12. § 8. N. 1. And further more be it Enacted that if any person or persons at any time hereafter give any Harbor Mony or Lodging to any Beggers being strong and able in their bodies to work which order themselves Contrary to the form of this Estatute that every such person so doing being sufficiently proved or presented afore any Justices of the Peace shall make such fine to the King as by the discretion of the said Justices of Peace at their general Sessions shall be assessed Proces LXXI 22 H. 8. 12. § 8. N. 2. And if any person c. do disturbe or let the Execution of this Act in any manner wise or make rescous against any Mayor Sheriff Baliff or other person that shall endeavour himself for the due Execution thereof it s then enacted that every such person c. for every such offence doing shall lose and forfeit 100 s. and over that to have imprisonment at the Kings will the one moity of which forfeiture if such offence be Committed in any City or Town Corporate to be to the Mayor Sheriff Bailiff or other head Officer of such City or Town Corporate where any such Offence shall be done to the use of the Commonalty of every such City and Town Corporate and if it be Commited out of a City or Town Corporate then the said one half to be to the Lord of the Leet or Law days where such offence shall be done and the other half of every such forfeiture to be to the King c. for the which forfeiture of 5 l. recovery shall be had by action of Debt Bill Plaint or Information in any of the Kings Courts in which suits the defendants shall not wage their Law nor have any Essoin or Protection allowed Cinque Ports LXXII 22 H. 8. 12. § 9. N.
and is allowed to beg for his fees by the space of six Weeks and in case he can get no Master to work with in the said term then he is assigned to pass directly to Dale in the County of Kent where he saith he was born or last dwelled for the space of three years and he is allowed fourteen days next after the said six weeks for his passage thither or such number of days as to him shall be limited by the discretion of the maker of the said Letter in witness whereof the Seal of the Prison from which he was delivered thereunto is set and in such Shires where their is no Goal the Sheriff thereof for the time being shall cause a Seal to be Engraven with the name of the Shire and shall order and use the same Seal to and from such persons delivered as is aforesaid after like manner and form as the Goaler or Keeper of the Goal is limited and appointed to do by this act 27 H. 8. 25. 26 § 6. Fees LXXXVI 22 H. 8. 12. § 19. N. 1. And it is also Enacted that every Clerk of the Peace of the Shire within the which such person shall be delivered and every Common Clerk of every City Borough or Town Corporate within the which any such person shall be delivered shall make for every such person as shall be so delivered where they be such Officers the said Letter in form abovesaid without any fee taking for the same and shall deliver every such Letter to the Goaler or Keeper of the Prison from the which such person shall be delivered And if there be no Goaler there then to the Sheriff of the Shire where such deliverance shall be had within one day next after the end of the Sessions where any such deliverance is had upon pain to lose and forfeit for default of every Letter 12 d. to the King our Soveraign Lord. Escape LXXXVII 22 H. 8. 12. § 19. N. 2. And that the Goaler or Keeper of the Prison from the which the said person shall be so delivered and in case there be no Goaler then the Sheriff of the Shire where any such deliverance shall be had shall not suffer any such person to go abroad to beg for his fees nor depart out of Prison except it be to service or labour unless the same Goaler or Sheriff first deliver to the said person the said Letter containing his Name Sealed with the Seal of the Prison from the which he shall be delivered or else with the Seal Engraved with the Name of the Shire if there be no Prison upon pain for every default to lose 12 d. to our said Soveraign Lord. License LXXXVIII 22 H. 8. 12. § 20. N. 1. And it is Enacted that if any person c. So being delivered out of Prison at any time after the said Feast do beg not having the said Letter Sealed in form abovesaid or beg contrary to the Tenor of the same Letter that then he shall be taken ordered and whipped in every behalf like as is above appointed for strong Beggers and that to be done and executed by such as is above limited to do the same upon strong Beggers and in such wise and upon such pain as is afore limited for Non-Execution of the punishment of strong Beggers LXXXIX 22 H. 8. 12. § 21. N. 1. Charity Provided alway that it be lawful to every person c. Being bounden by reason of any Foundation or Ordinance to give or distribute any Mony in Alms and also to every person c. At Common Doles used at Burials or Obiits to give and dispose in Alms any Mony to every person c. Coming to such Alms or Doles after like manner and form as they have been accustomed to do in that behalf afore the making of this Act without any danger or penalty of this Estatute any thing contained in this present Estatute to the contrary hereof notwithstanding XC 22 H. 8. 12. § 22. N. 1. Provided also that it be lawful to all Masters and Governors of Hospitals Abbe to lodge and Harbor any person or Persons of Charity or Alms according to the Foundation of such Hospitals and to give Mony in Alms in as large manner and form as they are bounden or own to do any thing in this Statute to the Contrary hereof notwithstanding XCI 22 H. 8. 12. § 22. N. 2. And this Act to endure unto the last day of the next Parliament 35 Eliz. 7. § 25. N. 1. Continuance XCII 23 H. 8. 15. § 2. N. 1. Suits Provided always that all and every such poor person c. being Plaintiff c. in any of the said Actions Bills or Plaints which at the Commencement of their Suits or Actions be admitted by discretion of the Judge c. Where such Suits or Actions shall be persued or taken to have their process and Counsel of Charity without any Mony or fee paying for the same shall not be compelled to pay any costs by vertue and force of this Statute but shall suffer other punishment as by the discretion of the Justices or Judge afore whom such suits shall depend shall be thought reasonable any thing c. notwithstanding XCIII 27. H. 8. 25. 26 Where in an act Lieu. c. viz. 22. H. 8. 12. § 1. N. 3. Among other things it was Ordained Established and Enacted that every strong and valiant Begger and Vagabond after he were whipped for his Vagaboncy and Idleness should depart from the place where he was whipped directly unto such Town Hundred and County where he was born or were he had dwelled by the space of three years next before there to continue and abide And also that aged Poor and Impotent people should in likewise repair into every Hundred within the said Counties there to remain and continue according to the meaning and purparty of the said Act upon pains limited in the same c. XCIV 27 H. 8. 25. 26. § 2. N. 1. Taxes And forasmuch as it was not provided in the said Act viz. 22 H. 8. 12. how and in what wise the said poor people and sturdy Vagabonds should be ordered at their repair and at their coming into their Counties nor how the Inhabitants of every Hundred should be charged for the relief of the same poor people nor yet for the setting and keeping in work and labour of the aforesaid valiant Vagabonds at their said repair into every Hundred of this Realm XCV 27 H. 8. 25. 26. § 2. N. 2. It is therefore now Ordained Constable c. That all and every the Mayors Aldermen Sheriffs Bailiffs Constables House-holders and all other head Officers and Ministers of every City Shire Towns and Parishes of this Realm at the repair and coming thither of such Poor Creature or sturdy Vagabond as is contained in the said Act viz. 22 H. 8. 12. shall most Charitably receive the same and order the same in manner
and form following that is to say XCVI 27 H. 8. 25. 26. § 2. N. 3. That all the Governors and Ministers of every of the same Cities Shires Towns Hundreds Corporation Wapentakes Lathes Rapes Ridings Tythings Hamlets and Parishes as well within Liberties as without shall not only succor find and keep all and every of the same poor people by way of voluntary and Charitable Alms within every of the same Cities Shires Towns Hundreds Wapen-takes Luthes Rapes Tythings Hamlets and Parishes as well within Liberties as without to be succored relieved and holden with such convenient and necessary Alms as shall be thought meet by their discretions in such wise as none of them of very necessity shall be compelled to wander Idly and go openly in Begging to ask Alms in any of the same Cities Shires Towns and Parishes But also to cause and compel all and every the said sturdy Vagabonds and valiant Beggers to be set and kept to continual labor in such wise as by their said labors they and every of them may get their own livings with the continual labor of their own hands Sheriffs XCVII 27 H. 8. 25. 26. § 2. N. 4. And every Mayor Alderman Sheriff Bailiff Constable and all other head Officers and Ministers of every County City Town and Parish within this Realm or within any the Kings Dominions as well within Liberties as without and all other persons Inhabitants within any of the same shall endeavour themselves to order and direct the Poor people valiant Beggers and sturdy Vagabonds in such wise as the effect of this present Act shall be duly observed and put in due execution upon pain that every Parish shall lose and forfeit 20 s. for every Month in which it is omitted and undone and that to be enquired of at every Quarter Sessions and to be duely presented and found by the verdict of twelve men Constable XCVIII 27 H. 8. 25. 26. § 3. N. 1. Item It is further Enacted c. That all and every person c. Being Whipt or sent into their Countries in form aforesaid viz. 22 H. 8. 12. § 14. N. 1. at the end of every ten Miles shall repair unto the Constable of any Parish being directly in his way towards the County and place whereunto he is so appointed and upon sight of his Letters given unto him at the time of his whipping and sending of him into the same his Country every the said Constables and others the Kings Subjects shall and may furnish him with Competent Meat Drink and Lodging for one night only or for one Meal and so he shall contiue his daily Journy of Ten Miles until such time as he shall come unto the Hundred and place whereunto he is assigned to go Ability XCIX 27 H. 8. 25. 26. § 4. N. 1. Item It is Enacted c. That all and every Idle person c. Rufflers calling themselves Serving-men as well within the City of London as within all other Cities Shires Towns Parishes and Hamlets of this Realm having no Masters shall be intreated used and ordered in every behalf and to all intents as is contained and specified as well in the aforesaid former Act viz. 22 H. 8. 12. as in this present Act upon the pain aforesaid to be lost and forfeited to the Mayor Aldermen Sheriffs Bailiffs Burgesses Ministers and Inhabitants of every of the same Cities Boroughs and Towns Corporate where any such Rufflers shall be suffered to be resiant and abiding by the space of two days and not punished in form hereafter declared Corporation C. 27 H. 8. 25. 26. § 5. N. 1. It is Ordained c. That all and every the Mayors Governors and head Officers of every Borough and Town Coporate and the Church-wardens or two others of every Parish of this Realm shall in good and Charitable wise take such discreet and convenient order by gathering and procuring of such Charitable and voluntary Alms of the good Christian people within the same with Boxes every Sunday Holy-day and other Festival days or otherwise among themselves in such good and discreet wise as the Poor Impotent Lame Feeble Sick and Diseased people being not able to Work may be provided holpen and relieved so that in no wise they nor none of them be suffered to go openly in Begging And that such as be lusty or having their Limbs strong enough to labor may be daily kept in continual labor whereby every one of them may get their own sustenance and living with their own hands CI. 27 H. 8. 25. 26. § 5. N. 2. Forfeiture Upon pain that all and every the Mayors Governors Aldermen head Officers and others the Kings Officers and Ministers of every the said Cities Boroughs Towns Corporate Hundreds Parishes and Hamlets shall lose and forfeit for every month that it is omitted and undone the sum of 20 s. CII 27 H. 8. 25. 26. § 6. N. 1. Item It is Enacted Lieu. c. That all Leprous and poor Bed-rid Creatures whatsoever they be may at their own liberty remain and continue in such place where they be and shall not be compelled to repair into their Countries according to the tenor and purport of the aforesaid former Act viz. 22 H. 8. 12. § 18. N. 1. Any thing contained in the same Act or in this present Act to the contrary notwithstanding CIII 27 H. 8. 25. 26. § 7. N. 1. Item It is also Enacted Enfant c. that the said Governors Aldermen Justices of the Peace and head Officers Bailiffs and Constables of every City Borough Town Hundred and Parish of this Realm shall have Authority by vertue of this present Act to take up all and singular Children in every Parish within their limits that be not grieved with any notable disease or sickness and being under the age of fourteen years and above the age of five years in Begging or Idleness and to appoint them to Masters of Husbandry or other Crafts or labors to be taught by the which they may get their livings when they shall come to age giving to them of the said Charitable collections as it may conveniently be sustained and borne Arayment to enter into such service CIV 27 H. 8. 25. 26. § 7. N. 2. And if any above the age of twelve years and under the age of sixteen years Apprentice refuse such service or depart from the same without cause reasonable then they to be Arrested and apprehended by any of the said Officers and to be brought before the Mayor Aldermen Justices of the Peace Baliffs Governors Constables and other Officers and Ministers of that limit or circuit where they be taken And if it shall appear by his or their Confession or other sufficient Testimony before the same Officers and Ministers that he or they have refused to serve or have departed from their service without cause reasonable he shall then in the Parish where he was apprehended be openly whipped with Rods
by the discretion of the said Governors or Bailiffs and thereupon to be sent again unto his service and so to be served as often as he shall be apprehended and Convicted in form aforesaid CV 27 H. 8. 25. 26. § 7. N. 3. And if any person or persons Proces refuse to Execute and to do the said punishment at the Commandment of any of the said Governors Aldermen Justices of Peace and others the said Officers and Ministers then he or they so refusing the same shall be set in the stocks by the space of two days without having of any other sustenance saving only bred and water CVI. 27 H. 8. 25. 26. § 8. N. 1. Item It is also enacted Search c. that all and every the aforesaid Mayors Governors Aldermen and every the Justices of the Peace as well within liberties as without shall once in every month or oftner if need shall require command a Privy or secret search to be made within every City and Ward Town Hundred Parish and Hamlet of this Realm in such time of the night and day as they shall think convenient to the intent that all Rufflers sturdy Vagabonds and valiant Beggers and other suspect persons may be by such means apprehended taken and ordered according to the purport and meaning of this present act and otherwise to be used according to the Laws of this Realm CVII 27 H. 8. 25. 26. § 8. N. 2. Proces And that all and every person and persons obey aid assist and maintain from time to time all and every the Commandments of the said Justices of Peace and other head Officers aforesaid for and concerning the making of all the said searches and the apprehending of all and every the suspect persons aforesaid upon pain to make fine for not doing of the same at the next quarter Sessions as it shall be thought by the discretion of the Mayor Governors Aldermen and Justices of the Peace Games CVIII 27 H. 8. 25. 26. § 9. N. 1. Item It is Enacted c. that no person c. at any time after the Feast of Saint John Baptist next coming shall use keep and maintain any open Playing-House or place of Common Bowling Dicing Carding Closh Tennis or other unlawful Games taking mony for the same or other gain in any place of this Realm upon pain to forfeit five Marks for every Month that any such unlawful Houses or Games shall so be openly kept used and maintained in any Place within this Realm be it within liberties or without any grant heretofore made to any person c. in any wise notwithstanding Encumbant CIX 27 H. 8. 25. 26. § 10. N. 1. Item It is Enacted c. that every Preacher Parson Vicar Curate of this Realm as well in all and every their Sermons Collections Biddings of the beads as in time of all Confessions and at the making of the Wills or Testaments of any Persons at all times of the year shall exhort move stir and provoke people to be liberal and bountiful to extend their good and Charitable Alms and Contributions from time to time for and towards the comfort and relief of the said Poor Impotent Decrepit Indigent and needy people as for the setting and keeping to continual work and labor of the aforesaid Rufflers sturdy Vagabonds and valiant Beggers in every City Ward Town Hundred and Parish of this Realm as well within liberties as without Pain CX 27 H. 8. 25. 26. § 11. N. 1. Item It is Enacted c. that if any of the aforesaid Rufflers sturdy Vagabonds and valiant Beggers after such time as they have been once apprehended taken whipped and sent unto any City Ward Town Hundred or Parish by any Justices of Peace Mayor Constable Bayliffs or any other the Kings Officers and Ministers happen to wander loyter or idly to use themselves and play the Vagabonds and willingly absent themselves from such labor and occupation as he or they shall be appointed unto within any City Ward Town Hamlet Hundred or Parish whereunto he or they have been appointed in manner and form aforesaid that then he or they being Eftsoons apprehended and taken of suspitions of Idleness in any privy searches aforesaid or otherwise shall be brought before the next Justice of Peace And upon due Examinations and proof of the continuance of his said loytering wandering in idleness or Vagaboncy shall be Eftsoons not only whipped again and sent into the City Ward Town Hundred or Parish whereunto he was first appointed but also shall have the upper part of the Grislle of his right Ear clean cut off so as it may appear for a perpetual token after that time that he hath been a contemner of the good order of the Common-wealth Constable CXI 27 H. 8. 25. 26 § 11. N. 2. And that every Constable of the Parish with the assistance of the most substantial of every such Parish where any such Ruffler or Vagabond shall happen thus to be taken shall do or cause to be done this present Execution as well in whipping as in cutting off the said upper Grisle of the Ear of every such Ruffler or sturdy Vagabond or valiant Begger upon pain to lose and forfeit five Marks for every time that he shall refuse to do or cause to be done the same Execution And all and singular the Inhabitants of the said City Ward Town Hundred or Parish shall assist and aid the said Constables in Execution of the premisses to the best of their Power with Good diligence and without contradiction upon the pain aforesaid CXII 27 H. 8. 25. 26. § 12. N. 1. Item It is further Enacted Imprisonment c. That if any Ruffler or sturdy Vagabond or valiant Begger not having the upper part of the right Ear and being cut off as is aforesaid happen to be apprehended and taken in or at any privy search as aforesaid at any other time wandring in Idleness in or without any City Ward Town Parish or Hamlet within this Realm whereunto he or they have been assigned and duely proved before any Justice of Peace that he or they haunt Idleness and hath not applied nor doth not apply such labors as he or they have been assigned unto or be not in service with any Master that then he or they so taken marked and having the upper part of the right Ear cut off as is aforesaid shall be by any of the said Justices of Peace sent unto the next Goal there to remain without Bail or Mainprise until the next Quarter Sessions and there to be Indicted of wandring loytering and idleness and shall be arraigned of the same and if he or they shall happen to be found Guilty by Verdict Confession or otherwise of for and upon the same continual loytering and idleness then every such sturdy Vagabond and valiant Begger so found Guilty and Condemned shall have Judgment to suffer pain and Execution of death as a Felon and as Enemies of
the Common-wealth and to lose and forfeit all their Lands and Goods as Felons do in all other cases within this Realm CXIII 27 H. 8. 25. 26. § 13. N. 1. Item It is Enacted Search c. That the Knight Marshal for the time being shall have full power and Authority by vertue of this present act to search do and put in due and plain Execution all and every the contents as well of the aforesaid former Act viz. 22 H. 8. 12. as of this present Act and of and upon all such Rufflers sturdy Vagabonds and valiant Beggers Men and Women as in any wise shall frequent hunt or loyter Masterless and out of service in and about the Court wheresoever the Kings Highness chance to be resiant with his most Honorable Houseshold in any place of this Realm CXIV 27 H. 8. 25. 26. § 14. N. 1. Charity And for the avoiding of such inconveniences and Infections as oftentime have and daily do chance among the people by Common and open Doles and that most commonly unto such Doles many persons do resort which have no need of the same It is therefore Enacted c. that no manner of person c. shall make or cause to be made any such common or open Dole or shall give any ready mony in Alms otherwise than to the common Boxes and Common Gatherings in Every City Town Hundred Parish and Hamlet to and for the putting in plain and due Execution of all and every the good and vertuous intents and purposes contained in this present Act upon pain to lose and forfeit ten times the value of all such ready mony as shall be given in Alms Contrary to the tenor and purport of the same CXV 27 H. 8. 25. 26. § 14. N. 2. And that every person Taxes c. of this Realm Bodies Politique Corporate and others that be bound or charged Yearly Monthly or Weekly to give or to distribute any ready Mony Bread Victual or other sustentation to Poor people in any place within this Realm shall from the Feast of Michaelmas next coming give and distribute the same Mony or the value of all such Bread Victual or sustentation unto such Common Boxes to the intent the same may be imployed towards the relieving of the said Poor Needy Sick Sore and Indigent persons and also towards the setting in work of the said sturdy and idle Vagabonds and valiant Beggers and every of the said person and persons Bodies Politique Corporate and others shall be clearly discharged against all and every other person and persons of and for all manner of Bonds or Grants whatsoever they be for making of any of the said Common Doles or others the foresaid distributions at any time of the year so as the Mony and true value of the same be given unto the Boxes towards the common Alms and relief of the poor people in form aforesaid Account CXVI 27 H. 8. 25. 26. § 15. N. 1. And to the intent that the Mony gathered towards the relief of Poverty as is abovesaid shall be imployed and converted to such charitable uses and behoofs by this present Act limited and no part thereof to be misused by such as shall have the collection thereof it is therefore ordained and enacted c. that the Church-wardens of every Parish calling unto them six or four of their honest Neighbors shall have full power and Authority every Quarter of the year or oftner by their discretions to command every such Collector to appear before them and to render and yield account of all summs of Mony as by them shall be gathered and how and in what manner it was imployed Account CXVII 27 H. 8. 25. 26. § 15. N. 2. And if upon any account it shall be seen perceived or found that any such Collector hath not converted nor employed the Mony by him gathered to such uses and intents as be limited by this Act or to have imbezilled any part thereof that then every such offendor shall be attached and apprehended by them before whom he so shall make account and shall immediatly be brought before a Justice of the Peace if it be in any Shire or before the Mayor or Bailiff if it be in City Borough or Town Corporate which Justice or Mayor or Bailiff shall cause every such offender to be committed to Ward and Prison there to remain unto such time as he shall have fully restored and paid to the Collectors of the said Alms within the Parish where he so offended all such summs of Mony as by him shall be so imbezilled converted or imployed to other uses or intents than by this Act be limited and also till he shall have paid 6 s. 8 d. for a penalty to be converted imployed and distributed to the uses and intents specified and declared in this Act. Incumbent CXVIII 27 H. 8. 25. 26. § 16. N. 1. And it is ordered c. that the Parson Vicar or Parish Priest or some other honest man of every Parish of this Realm without taking or demanding any thing for the same shall keep a Book of reckoning and then shall enter write and make mention from time to time in one place or part of the Book as well of all and every such summs of Mony as shall be gathered by the charitable Alms of the Inhabitants of every of the same Parishes as to make mention in other place of the same Book how upon whom and in what wise any part of the same Mony shall be spent and so from year to year from one year to another year he shall keep a new book the Book to be bought and paid for by the Constable and Church-wardens for the time being of the common Collections and always shall remain in the Custody of two or three of them or of some other indfferent man by their consents and not with the Parson Vicar or Parish Priest Charity CXIX 27 H. 8. 25. 26. § 17. N. 1. Item It is ordered c. that two or three times in every week two or three of every Parish within Cities and Towns Corporate by the assignment and appointment of the Mayor Aldermen Governor Bailiff or Constable some in one week and some another week shall name and appoint certain of the said poor people found of the common Alms to collect and gather broken meats and fragments and the refuse-drink of every Householder within every such Parish which shall be by their discretions distributed evenly among the poor people found of the said common Alms as they by their discretions shall think good Constable CXX 27 H. 8. 25. 26. § 18. N. 1. Item It is ordered c. that all and every Bailiff Constable Church-wardens and other the Collectors of the said Alms which shall at any time forbear their own business and labor and shall travail or take any pains in and about the Execution of any part of this present Act shall have and take for his and
is kept any thing in this Act or in any provision of the same to the contrary notwithstanding License CXXXII 27 H. 8. 25. 26. § 27. N. 1. Provided furthermore that Servingmen departing from their service by License Will Death or Exclusion of their Lord Lady Master or Mistris having of the same their Lord Lady Master or Mistris Letters or in case of their death other sufficient proof testifying the day of their Exclusion or departure from such service shall not incur or run into any the punishments or penalties comprised in this Act for Vagabonds or sturdy Beggers within the space of one month after the day mentioned in the said Letters or appearing by the said testimony to be the day of the departure from such services ne also at or after the same month expired so that by the end of such month they shall have entred into any service or be otherwise in labor according to the form and tenor of this Act. Abbe CXXXIII 27 H. 8. 25. 26. § 28. N. 1. Provided also that in as much as Fryers Mendicants have little or nothing to live upon but only by the Charity and Alms of all Christian people this Act therefore ne any thing therein contained shall be prejudicial or hurtful unto any person or persons for giving of them in general or particular any manner of Alms in Mony Victual or other things ne also to them or any of them for being or remaining out of the places where they were born or had their last habitation or for passing abroad to gather the Alms and Charity of Christian people or for continuance in their Religion as they have been accustomed to do this Act or any thing therein mentioned to the contrary notwithstanding CXXXIV 27 H. 8. 25. 26. § 29. N. 1. Provided also that this Act ne any thing therein mentioned be hurtful or prejudicial to any Abbots Abbe Priors or other person or persons of the Clergy or other that by any means be bound to give yearly weakly or daily Alms in Mony Victual Lodging Cloathing or any other thing in any Monasteries Alms-Houses Hospitals or other Foundations or Brotherhoods by any good Authority or Ancient custom or of daily charity by keeping of poor men established for that purpose CXXXV 27 H. 8. 25. 26. § 29. N. 2. Ne to any person or persons Charity for receiving of the same or for their abiding in such Alms-houses or Hospitals according to such foundation CXXXVI 27 H. 8. 25. 26. § 29. N. 3. Ne also for Alms in ready Mony Mariners or otherwise to be given to Mariners or other persons that shall for time to come or be set on Land from Ships perished or lost on the Sea CXXXVII 27 H. 8. 25. 26. § 29. N. 4. Or to any person that Riding Going or passing by the way Charity shall after his or their Conscience or charity give Mony or other thing to Lame Blind or Sick Aged or Impotent people any thing in this Act to the contrary mentioned notwithstanding CXXXVIII 1 Ed. 6. 3. Forasmuch as Idleness and Vagaboncy Laborers is the Mother and Root of all Thefts Robberies and all evil Acts and other mischiefs and the multitude of people given thereto have always been here within this Realm very great and more in number as it may appear than in other Regions to the great Impoverishment of the Realm and danger of the Kings Highness Subjects CXXXIX 1 Ed. 6. 3. § 1. N. 2. The which Idleness and Vagaboncy Parliament all the Kings Highness Noble Progenitors Kings of this Realm and this High Court of Parliament have often and with great travaile gone about and assayed with Godly Acts and Statutes to repress Yet until this our time it hath not had that success which hath been wished but partly by foolish Pity and Mercy of them which should have seen the said Godly Laws Executed partly by the perverse Nature and long accustomed Idleness of the persons giving to loytering the said Godly Statues hitherto have had small effect And Idle and Vagabond persons being unprofitable Members or rather Enemies of the Common-wealth have been suffered to remain and increase and yet so do whom if they should be punished by Death Whipping Imprisonment and other Corporal pain it were not without their deserts for the Example of others and to the benefit of the common-wealth yet if they could be brought to be made profitable and do service it were much to be wished and desired CXL 1 Ed. 6. 3. § 1. N. 3. Be it therefore Enacted Repealance c. First that all Statutes and Acts of Parliment heretofore made for the punishment of Vagabonds and sturdy Beggers and all Articles comprised in the same shall be from henceforth repealed void and of none effect CXLI 1 Ed. 6. 3. § 2. N. 1. Ability Secondly that whosoever after the first day of April next following Man or Woman being not Lame Impotent or so Aged or diseased with Sickness that he or she cannot work not having Lands or Tenements Fees Annuities or any other yearly Revenues or profits whereon they may find sufficiently their living shall either like a Serving-man wanting a Master or like a Begger or after any such other sort be lurking in any House or Houses or loytering or Idly wander by the high-ways side or in streats in Cities Towns or Villages not applying themselves to some honest and allowed Art Science Service or Labor and so do continue by the space of three days or more together and not offer themselves to labor with any that will take them according to their faculty And if no Man otherwise will take them do offer themselves to work for Meat and Drink or after they be so taken to work for the space agreed between them and their Master do leave their work out of convenient time or run away that then every such person shall be taken for a Vagabond Apprentice CXLII 1 Ed. 6. 3. § 2. N. 2. And that it shall be lawful to every such Master offering such idle person Service and labor and that being by him refused Or who hath agreed with such idle person and from whom within the space agreed of service the said loyterer hath run away or departed before the end of the Covenant between them And to any other person espying the same to bring or cause to be brought the said person so living idly and loyteringly to two of the next Justices of Peace there resiant or abiding who hearing the proof of the idle living of the said person by the said space living idly as is aforesaid proved to them by two honest witnesses or confession of the party shall immediatly cause the said loyterer to be marked with an hot Iron in the Brest the mark of V. Villenage CXLIII 1 Ed. 6. 3. § 2. N. 3. And adjudge the said person living so idly to such Presentor to be his Slave to have
be occupied in or appoint them to such as will find them work for meat and drink CLXXX 1 Ed. 6. 3. § 15. N. 2. And if they refuse of Wilfulness and Stubbornness to work or do run away and beg in other places Pain then to punish the same according to their discretions with chayning beating or otherwise as shall seem to them convenient CLXXXI 1 Ed. 6. 3. § 16. N. 1. And for the more furtherance of the relief of such as are in unfained misery Ability and to whom Charity ought to be extended CLXXXII 1 Ed. 6 3. § 16. N. 2. Be it Enacted Days c. that every Sunday and Holyday after the reading of the Gospel of the day the Curate of every Parish do make according to such talent as God hath given him a Godly and Brief Exhortation to his Parishioners moving and exciting them to remember the Poor people and the duty of Christian Charity in relieving of them which be their Bretheren in Christ born in the same Parish and needing their help CLXXXIII 1 Ed. 6. 3. § 17. N. 1. Provided always Apprentice that if it shall chance any such adjudged Apprentice Servant or Slave as is before rehearsed to have inheritance discended unto him or her or any other ways by the Laws of this Realm Ward or Bondman or Nief of blood by or from any of his Ancestors to any person or persons that then it shall be lawful to any such person or persons to whom any such Ward Bond-man or Nief shall appertain to seise and take such Wards Bond-men or Neifs and them to retain and keep as their Wards Bond-men or Neifs and the said Wards Bond-men and Neifs shall be discharged of the said Slavery or other Servitude or Bondage above rehearsed this Statute or any thing therein contained to the contrary in any wise notwithstanding Villenage CLXXXIV 1 Ed. 6. 3. § 18. N. 1. And also be it Enacted that if any such Servant Apprentice Slave or Slaves which shall have at any time hereafter any Advancement or Living accrew come or grow unto him or any of them whereby he or they may have a convenient Living that then and from thenceforth he or they so being advanced to be discharged of their Slavery Servitude and Bondage this Act or any thing therein contained to the contrary in any wise notwithstanding Women CLXXXV 1 Ed. 6. 3. § 18. N. 2. Any Woman being a Servant Apprentice or Slave as is aforesaid being married within the age of twenty years without the assent of her Master until she shall accomplish and come to the said age of twenty years only excepted Settlement CLXXXVI 1 Ed. 6. 3. § 19. N. 1 Be it also Enacted that all Leprous and Poor Bed-rid Creatures whatsoever they be may at their own liberty remain and continue in such houses appointed for Leprous or Bed-rid people as they now be in and shall not be compelled to repair into any other Counties or Places by Virtue of this Act any thing therin contained to the contrary notwithstanding Charity CLXXXVII 1 Ed. 6. 3. § 19. N. 2. And that also it shall be lawful unto the said leprous and bed-rid people for their better releifs to appoint their Proctor or Proctors so there be not appointed above the number of two persons for any one house of leprous bed-rid people to gather the charitable Alms of all such Inhabitants as shall be within the compass of four Miles of any of the said houses of leprous and bed-rid persons Villenage CLXXXVIII 1 Ed. 6. 3. § 20. N. 1. And be it Ordained and Enacted c. that it shall be lawful to every person to whom any person in form abovesaid shall be adjudged a Slave to put a Ring of Iron about his Neck Arm or his Leg for a more knowledge and surety of the keeping of him Villenage CLXXXIX 1 Ed. 6. 3. § 20. N. 2. And that if any person or persons do take or help to take any such bond of Iron from any such Slave that then every person so doing without the License or Assent of his Master shall forfeit for every such default 40 l. Sterling Notice CXC 1 Ed. 6. 3. § 21. N. 1. Be it further Enacted that this present Act shall before the first day of March next be openly proclaimed in every City corporate-Corporate-Town and Market-Town upon the Market day and also from thenceforth shall yearly be read in every Shire openly in two general Quarter Sessions of the Peace that is to say at the general Quarter Sessions after Midsummer and the general Quarter Sessions next after Christmas to the intent that every person may have knowledge thereof Continuance CXCI. 1 Ed. 6. 3. § 21. N. 2. And that this Act shall endure unto the end of the next Parliament 3 4 Ed. 6. 16. § 1. N. 2. and 21 Jac. 28 § 11. N. 28. 69. Commission CXCII 1 Ed. 6. 3. § 22. N. 1. Provided alwayes and be it Enacted that it shall be lawful to the Lord Chancellor of England or the Lord Keeper of the Great Seal for the time being at their discretions to grant Commissions under the Great Seal of England to every or any person or persons that hath or shall have his or their Houses or Barns burnt or such losses to gather the relief and charity of others for their aid and help of his or their losses decay or hinderance as in time past hath been used any thing contained in this Act notwithstanding CXCIII 1 Ed. 6. 14. § 12. N. 1. And over that the said Commissioners Charity viz. of Chantries c. or two of them at the least shall have full power c. to enquire and try by such ways and means as they shall think meet and convenient what Mony Profit and benefit any poor person or persons by vertue of any Conveiance Assurance Composition Will Devise or otherwise heretofore had or enjoyed within five years next before the beginning of this present Parliament out of any Colledge free Chapel or Chantry and other the premisses c. CXCIV 1 Ed. 6. 14. § 12. N. 2. And thereupon to make assignments Mortmain and orders in such manner and form as all and singular such said mony profit and Commodity shall be paid to poor people for ever according to such Assurance Composition Will c. for the same and to assign and appoint Lands Tenements and other Hereditaments parcel of the premisses for the maintenance and continuance of the same for ever CXCV. 3 4 Ed. 6. 16. Forasmuch as it is notoriously seen and known that Vagabonds and Beggers Trades do daily increase within this the Kings Highness Realm into very great numbers chiefly by occasion of Idleness the Mother and Root of all vices whereby do ensue continual Thefts Murders Conspiracies and other sundry hainous offences and partly for that the good and wholesome Laws and
Statute c. against him or them that retains any mans Servant out of his service before the end of the said term or else to take an Action of Trespas against such offender in which Action he shall recover his dammages and treble costs of his suit CCVIII 3 4 Ed. 6. 16. § 15. N. 1. Provided always Justices and be it Enacted c. that if the Master or Mistres to whom such Child as is aforesaid shall be adjudged to be Servant be unreasonable in ordering and bringing up of such Child that then at all times upon complaint made at the General Quarter Sessions of the Peace in the County where the said Child shall be by two honest Neighbours of the same place or Town where the same Child shall fortune to be so unreasonably ordered if it shall appear by honest witness to the Justices of Peace at the same Sessions the complaint thereof made shall be true then the Justices of Peace at their General Sessions in the same Shire where such complaint shall be made shall by virtue of this Act have Authority and power to discharge the said Child from his or their unreasonable Master or Mistres CCIX. 3 4 Ed. 6. 16. § 15. N. 2. And appoint the same to some other honest Master or Mistres unto the said ages Infant to be ordered in every degree as the said Child should have been with his former Master or Mistres and that order and appointment to be written in the book of the Clerk of the Peace CCX 3 4 Ed. 6. 16. § 15. N. 3. For the which entry the said Clerk of the Peace shall have 4 d. for his labor and not above Fees and in like manner shall have 4 d. and not above for the first entry of the Child to be servant as is aforesaid to be paid by the Master or Mistress of the said Child CCXI. 3 4 Ed. 6. 16. § 16. N. 1. Provided always and be it Enacted Women c. that if the Woman Child to be appointed a Servant as is aforesaid be Marryed before the Age of 12 years that then by the Marriage she shall be discharged of service this Act or any thing therein contained to the contrary notwithstanding 1 Ed. 6. 3. § 18. N. 2. CCXII. 5 6 Ed. 6. 2. § 1. N. 2. Be it Enacted Continuance c. that as well the Statute c. viz. 22 H. 8. 12. as also the Statute c. viz. 3 4 Ed. 6. 16. and every Article Clause Branch Sentence and other thing contained in them and in every of them other then such things as shall be by this present Act ordained and provided for shall stand remain and be in their full force and effect and shall be from henceforth justly and truly put in Execution according to the true meaning of the said several Statutes and every of them CCXIII. 5 6 Ed. 6. 2. § 2. N. 1. And further be it Enacted Assembly c. that yearly one Holyday in Whitsunday week in every City Borough and Town-Corporate the Mayor Bailiffs or other head Officers for the time being and in every other Parish of the Country the Parson Vicar or Curate and the Church-wardens having in a Register book as well all the Names of the Inhabitants and Householders as also the Names of all such Impotent Aged and Needy persons as being within their City Borough Town-Corporate or Parish are not able to live of themselves shall openly in the Church and quietly after Divine Service call the said Householders and Inhabitants together CCXIV. 5 6 Ed. 6. 2. § 2. N. 2. Among whom the Mayor Overseers and two of his Brethren in every City the Bailiffs or other Head-Officers in Boroughs and Towns-Corporate The Parson Vicar or Curate and Church-wardens in every other Parish shall elect nominate and appoint yearly two able persons or more to be Gatherers and Collectors of the charitable Alms of all the residue of the People for the releif of the Poor Taxes CCXV 5 6 Ed. 6. 2. § 2. N. 3. Which Collectors the Sunday next after their Election or the Sunday following if need require when the people is at the Church and hath heard Gods holy Word shall gently ask and demand of every man and woman what they of their charitable Will will be contented to give weekly to the releif of the Poor and the same to be written in the said Register or Book Charity CCXVI 5 6 Ed. 6. 2. § 2. N. 4. And the Gatherers so being elected and chosen shall justly gather and truly distribute the same charitable Alms weekly by themselves or their Assigns to the said poor and impotent persons of the said Cities Boroughs Towns Corporate or Parishes without Fraud or Covin Favour or Affection Alms. CCXVII 5 6 Ed. 6. 2. § 2. N. 5. And after such sort that the more Impotent may have the more help and such as can get part of their living to have the less and by the discretion of the Collectors to be put in such labor as they be fit and able to do Beggers CCXVIII 5 6 Ed. 6. 2. § 2. N. 6. But none to go or sit openly a begging upon pain limited in the foresaid Statutes viz. 22 H. 8. 12. 3 4 Ed. 6. 16. Officer CCXIX. 5 6 Ed. 6. 2. § 3. N. 1. Be it also Enacted c. that no person or persons so elected nominated and appointed to be Gatherer or Gatherers as is aforesaid shall refuse the said Office but shall justly and truly execute the same by the space of one whole year next ensuing upon pain of forfeiting 20 s. to the Alms box of the Poor to be levyed by the Church-wardens where they or he dwelleth of the Goods of the said Gatherer or Gatherers Account CCXX 5 6 Ed. 6. 2. § 4. H. 1. And further be it Enacted c. that the said Gatherers or Collectors shall make their just Account Quarterly to the Mayor of the City Bailiffs or Head-Officers of the Borough or Town Corporate and in every Parish of the Country to the Parson Vicar or Curate and Church-wardens of the Parish Account CCXXI 5 6 Ed. 6. 2. § 4. N. 2. At which Account such of the Parish as will may be present Arearges CCXXII 5 6 Ed. 6. 2. § 4. N. 3. And when they go out of their Office they shall deliver or cause to be delivered forthwith upon the end of their Accounts all such Surplusage of Mony as then shall remain of their Collections undistributed to be put in the common Chest of the Church or in some other safe place to the use of the Poor at the oversight and discretion of the said Mayor or other the Officers before mentioned Account CCXXIII. 5 6 Ed. 6. 2. § 4. N. 4. And if the said Collectors or any of them do refuse to
CCCCXII Lambert 356. 357. And two such Justices of Peace may Tax any other of other Parishes within the Hundred Taxes to contribute to a Poor Parish and may make out their Warrants to the Church-wardens and Overseers of every Parish to levy the Taxtions by distress and Sale of the Offenders Goods and in defect of distress may commit the party refusing to contribute to the Common-Goal without Bail or Mainprise and they may do the like concerning penalties and forfeitures committed 43 Eliz. 2. § N. Lambert 601. 602. Dalt 95. cap. 40. CCCCXIII Lambert 357. Any two Justices of Peace of any City Plague Borough Town-Corporate and places priviledged may assesse the Inhabitants thereof at such reasonable Taxes as they shall think fit for relief of persons infected with the Plague and dwelling in Houses infected to be levyed by Warrant of two such Justices of Peace of his Goods that refuseth to pay the same and in default of Goods the offender by them may be committed to prison without Bail or Mainprise 1 Jac. 31. Dalt 90. cap. 39. 96. cap. 40. CCCCXIV Lambert 357. 358. Upon Certificate of the Mayor Certificate or other Head-Officers of any City c. of their disability to relieve their Poor infected persons to any two Justices of the Peace of the County near to the said City c. the same Justices may Tax the Inhabitants of the same County within five Miles of the place infected for their relief to be levyed by Warrant from any such two Justices of the Peace by distress and sale of Goods and in default thereof by Imprisonment of the party Taxed and refusing as afore 1 Jac. 31. Dalt 90. cap. 39. CCCCXV. Lambert 361. The Bishop and his Chancellor Ordinary and three such Justices of the Peace have power to Examine how mony or other relief appointed by King H. 8. or any other to the use of the Poor or of amending of High-ways or Bridges is bestowed and to call to account the detainers thereof c. 14 Eliz. 5. § 35. N. 1. and 39 Eliz. 18. § N. Lambert 352. CCCCXVI Lambert 367. If any Justice of Peace Justices shall be proved to be in default about the Execution of the act of the Poor viz. 14. Eliz. 5. § N. by two sufficient witnesses before the Justiecs of Assize at their next general Goal-delivery he shall lose 5 l. Imprisonment CCCCXVII Lambert 467. 468. Enquiry in Sessions if the Church-wardens of any Parish have not every Sunday levyed the Mony for relief of the Prisoners of the Goal and once in every Quarter paid it to the Constable of the Hundred or if the Constable have not every Quarter Sessions paid over the same to the Collector thereto appointed or if such Collector have not weekly distributed the same for relief of the said Prisoners 14 Eliz. 5. § 37. 2. N. 2. Cottages CCCCXVIII Lambert 468. Charge in Sessions on 31 Eliz. 7. If any person hath since the end of the last Session of Parliament made builded or erected or caused to be made c. any manner of Cottage for dwelling or converted or ordained any building or Housing to be used as a Cottage for dwelling unless the same person have laid thereunto four Acres at the least of ground to be accounted by ordinance viz. 33 Ed. 1. pag. 70. de terris mensurandis being his or her own freehold and inheritance lying near to the said Cottage to be continually manured there withal so long as that Cottage shall be inhabited Crompt 90. b. 91. a. 2. If any person have willingly maintained or upholden such Cottage not having so many Acres so lying and manured 3. If there be any Inmates or more Housholders than one dwelling in one Cottage by the placeing or suffering of any owner or occupier of such Cottage Cottages CCCCXIX Lambert 468. 469. But this Statute viz. 31 Eliz. 7. extendeth not to any Cottage in any City Corporate or market-Market-Town or Ancient Borough 2. Nor to the dwelling of any workers of Mineral works Coal-Mines Quarries of Stone or Slate or about the making of Brick Tile Lime or Coal so that they be not distant above one Mile from the works and be used only for the Habitation of such workers 3. Nor to Cottages within a Mile of the Sea or upon the side of any Navigable Rivers within the Admirals Jurisdiction so as none dwell therein but Saylors or men of manual occupation for the making furnishing or Victualling of Ships or Vessels used to serve on the Sea 4. Nor to any Cottage in any Forest Chace Warren or Park inhabited only by them that keep the Deer or Game there 5. Nor to any Cottage hereafter to be made wherein only a common Herd-man or common Shepherd of any Town or any Poor Lame Sick Aged or Impotent person shall dwell 6. Nor which for any just respect upon complaint to the Justices of Assize at the Assizes or to the Justices of Peace at the Quarter Sessions shall by their order entred in open Assizes or Quarter Sessions be decreed to continue for dwelling for so long time only as by such decree shall be limited 7. Nor extended to any Inmates to be placed by the order of the Justices in their Quarter Sessions with the leave of the Lord of any wast or common at the charge of the Parish Hundred or County 43 Eliz. 2. Sessions CCCCXX Lambert 596. and 14 Eliz. 5. and 18 Eliz. 3. Concerning Poor people and Vagabonds have mention of the Quarter-Sessions to be holden next after Easter which Statutes as they make not in this point a new Law so allowing of any one of the four Sessions they do therein give allowance of all the other three Infant CCCCXXI Lambert 604. A Beggers Child may at the General Sessions be bound to serve any Subject of this Realm being of an honest caling 14 Eliz. 5. § N. 18 Eliz. 3. § N. Cottages CCCCXXII Lambert 604. A Decree may be made at the Quarter-Sessions for the continuance of a Cottage that hath not four Acres of ground and there may the Justices enquire hear and determine of Cottages and Inmates in offence of the Statute 31 Eliz. 7. CCCCXXIII Lambert 609. And they must yearly in the same Sessions viz. after Easter or in six weeks Sessions c. Examine the performance or non-performance of so much of the Statute made for the Poor 14 Eliz. 5. as is not altered by 43 Eliz. 2. CCCCXXIV Lambert 609. The account of the Treasurers for disabled Souldiers or Mariners Account is to be made yearly at the Quarter Sessions after Easter or within ten days after 43 Eliz. 3. CCCCXXV Lambert 29. Duty of Constables Constable c. It seemeth to me that in this case viz. on 14 Eliz. 5. § 37. 2. N. 2. the words High-Constable High-Tythingmen and Head-Officers do exclude pety Constables Borsholders and such like to meddle therein because none
give Evidence against the Felon at the next general Goal-delivery to be holden within the County City or Town Corporate where the Trial of the said Felony shall be 6. And if such Informer be unable to Travel c. then the Justice of Peace may take his Information upon Oath and may Certifie the same c. and may forbear to bind such Informer to appear personally before the Justices at the Goal-delivery 7. It the Justice of Peace shall not Certifie such Examinations and Informations to the next general Goal-delivery or if the Justices of Peace shall not Certifie their Bailment or shall not bind over the Informers to â—ppear and to give Evidence against the Felon at the next general Goal-delivery c. the said Justice of Peace shall be fined for every such default or Offence at the discretion of the Justices of Goal-delivery 1 2 Ph. Mar. 13. § N. and 2 3 Ph. Mar. 10. 8. But yet if it be for Petty Larceny or other small Felonies the Justâ—ce of Peace may bind over the Informers and may Certifie the Examinations and Informations to the next Quarter-Sessions of the Peace and this was the Advice and Direction of Sir David Williams Knight late one of the Justices of the Kings Bench at the Assizes at Cambridge For said he It was not meet to keep poor Prisoners in the Goal for small Matters or Felonies from one Assizes to another and therefore he gave order that the Justices of Peace at their General-Sessions of the Peace should try and deliver Offenders for small Felonies Dalt 295. cap. 111. VIII Dalt 52. cap. 20. Coron But in the former Cases of Felony by the Kings Servant on 3 H. 7. 24. § N. and Manslaughter within the Verge c. on 33 H. 8. 12. and of razing of Records by 8 H. 6. 12. c. and of Forgery on 5 Eliz. 14. and of Imbezelling Armor on 33 H. 6. 1. § N. If any such Offender shall be brought before any Justice of Peace and charged with any such Felony Quaere how far the Justice of Peace is to deal or what he is to do therein considering the Justices of Peace are no Judges of such Felonies neither have they any Jurisdiction given them by the Statutes in such Cases And yet 2. Certificate It may seem both serviceable and safe for the Justice of Peace to Examine the Offence and then to Certifie his Examination to such Persons as by the Statutes are made Judges of the cause But 3. It seemeth in the four last Cases the Justice of Peace may not commit such an Offender to Prison nor bind over the Informers nor take the Information upon Oath IX Dalt 53. cap. 20. Trial. By the letter of 2 3 Ed. 6. 24. § N. the Jurisdiction over the last recited Felonies of stealing goods or Strokes in another County c. and over such Accessories is not committed to the Justices of Peace to Proceed to the Trial of them but this Authority is remitted to the Justices of Goal-delivery or of Oyer and Terminer yet the Justices of Peace may Examine these Offences and take Information against the Offenders and Certifie the same to the next General Goal-delivery and may bind over the Informers and commit the Offenders Also the Justices of Peace may enquire thereof and take Indictments against them as in other cases of Felony X. Dalt 54 cap. 20. Pope And if any such Offender against c. 5 Eliz. 1. or 13 Eliz. 2. or 23 Eliz. 1. of Bulls Absolution or Popery c. shall be brought before any Justice of Peace and charged with any such Offence it shall be the Justices part to take the Examination of such Offences and to bind over the Accusers and material Informers to appear and to prefer a Bill of Indictment and thereupon to give in Evidence to the Inquirors against such Offenders at the next Quarter-Sessions as it seemeth or at the next Assizes or general Goal-delivery or else in the Kings Bench whensoever upon reasonable warning they shall be thither called and then to commit the Offender to the Goal and after to Certifie the said Examinations Informations and Recognizances by him taken to the said Sessions or Goal-delivery or in B. R. c. XI Dalt 296. 297. â—ar Fâ—â—â— The Justices of Peace have Authority by 1 2 Ph. Mar. 13. § N. to bind by Recognizance all such as do declare any thing material to prove the Felony to give Evidence against the Offender and yet the Wife is not to be bound to give Evidence nor to be Examined against her Husband for by the Laws of God and of this Land she ought not to discover his Counsel or his Offence in case of Theft or other Felony as it seemeth See Stanf. 26 b. 2. Nay I have known the Judge of Assize greatly to disallow that the Wife should be Examined or bound to give in any Evidence against others in case of Theft wherein her Husband was a Party and yet her Evidence was pregnant and material to have proved the Felony against others that were Parties to the same Felony and not directly against the Husband 1 Inst 6 b. Testimony 3. But for Children I find in the Book of the Discovery of Witches at Lancaster Assizes Anno 1612. that the Son and Daughter of Elizabeth Deuice a Witch were not only Examined by the Justices of Peace against their said Mother and the said Examinations Certified and openly read upon the Arraignment and Trial but the Daughter also was commanded and did give open Evidence against her Mother then Prisoner at the Barr. 4. I find further in the said Book 4. of the Discovery of Witches that two Children the one about Nine years of Age the other of Fourteen did upon their Oaths give Evidence against the Prisoners upon their Arraignment The like was done at Cambridge at Lent Assizes Anno 1619. before Sir Henry Mountague Lord Chief Justice of B.R. 5. Accusation or Information by one that is unable to travel or decrepit is good and may be taken by the Justice of Peace upon Oath and certified at the next general Goal-delivery or Sessions of the Peace as the Case shall require 6. If one be an Accuser upon his own knowledge sight or hearing and he shall utter the same to another that other may be an Accuser Dyer 99. pl. 7. And note That an Offender confessing any Felony upon Indictment or otherwise against himself may also accuse others of the same Felony and such Accusation may be taken by the Justice of the Peace c. 8. Two Inform against another in matter of Felony and they vary in their Tales viz. in the Day and Place when and where the Felony was committed such Information is not much to be credited See the Story of Susanna 9. He that is Examined if part of that he speaketh be proved to be false he is not to be credited
Borshoulders of the Hundred of A. and to every of them Kent ss Forasmuch as it hath been duly proved before me that A. B. Keeper of his Majesties Goal at C. in the County aforesaid did upon the 10. day of June last past permit D.E. to go at large contrary to the Warrant of his Commitment made by vertue of an Act of Parliament lately made intituled An Act to prevent and suppress Seditious Conventicles and contrary to the Act aforesaid These are therefore in his Majesties Name to Charge and Command you and every of you that you some or one of you do levy upon the Goods and Chattels of the said A.B. Ten pounds by him forfeited for his said Offence and that you do pay the Moneys so levied to the Church-Wardens of the Parish of T. in the said County for the relief of the poor of the Parish Given under our Hands and Seals the day of c. 2. The like Mittimus Mutatis Mutandis if the Keeper of the House of Correction suffer the Offender to go at large Escape XLVIII Kilb. Precedents 82. 83. the like Mittimus for suffering one at large to Joyn with the Offender in the Exercise of Religion To the Constable c. Kent ss Forasmuch as it hath been duely proved before us that A. B. Keeper of his Majesties Goal at C. in the County aforesaid did upon the 10. day of June last past permit E. F. being then a Person at large to joyn with D. E. a Person Committed to his custody by vertue of an Act of Parliament lately made Intituled an Act to prevent and suppress Seditious Conventicles in the Exercise of Religion differing from the Rights of the Church of England contrary to the Act aforesaid These are therefore in his Majesties Name to charge and command you and every of you that you some or one of you do levy upon the Goods and Chattels of the said A. B. Ten Pounds by him forfeited for his said Offence and that you do pay the Moneys so levied to the Church-Wardens of the Parish of T. the Parish where the Offender did last inhabit in the said County for the relief of the Poor of the said Parish Hereof fail not at your perils Given under our Hands and Seals the day of c. 2. The like Mutatis Mutandis against the Keeper of the House of Correction if he offend in the like Case Dignity XLIX Kilb. Precedents 83. 84. A Warrant to levy the forfeiture of a Peer on the first Conviction 22 Car. 2. To the Constable and Borshoulders of the Hundred of A. and to every of them Kent ss Forasmuch as T. Lord C. a Peer of this Realm was this present day according to the form of An Act to prevent and suppress Seditious Conventicles Convicted by Record by us made of being present in the Parish of V. in the said County at an Assembly Conventicle or Meeting under Colour or pretence of Exercise of Religion in other manner than is allowed by the Liturgy or Practice of the Church of England contrary to the Act aforesaid These are therefore in his Majesties Name to charge and command you and every of you that you some or one of you do levy upon the Goods and Chattels of the said T. Lord C. Ten pounds for the Offence aforesaid and that you do pay the Moneys so levied to the Church-Wardens of the aforesaid Parish of V. for Relief of the Poor of the said Parish hereof fail not at your perils Given under our Hands and Seals the day of c. 2. The like for the second Conviction c. and the like for a Peers suffering a Conventicle the first and second conviction L. Kilb. Precedents 868. Imprisonment A Mittimus for a Nonconformist c. on 17 Car. 22. § 5. N. 1. To the Constable and Borshoulders of the Hundred of A. and to every of them and to the Keeper of his Majesties Goal for the said County at M. in the County aforesaid Kent ss Forasmuch as it hath been duly proved before us viz. two Justices c. that A. B. Parson Vicar Curate Lecturer or other Person in holy Orders Stipendary or other Person who hath been possessed of any Ecclesiastical or Spiritual promotion who hath not declared assent to the Common Prayer pro ut the Act of 14 Car. 2. or Preacher in Conventicle upon the 12. day of c. or c. was within five Miles of D. a City Town Corporate or Borrough that sends Burghesses to Parliament or of any Parish Town or place wherein he or they have since the Act of Oblivion been Parson Vicar Curate Stipendary or Lecturer or taken upon them to Preach in a Conventicle contrary to the form of the Statute in that Case made and provided Intituled an Act for restraining Nonconformists from inhabiting in Corporations These are therefore in his Majesties Name to will and require you to take the said A. B. and him convey to the Goal aforesaid and there deliver him to the Keeper of the same together with this Precept commanding also you the said Keeper to receive him into the said Goal and him there safely keep for six Months without Bail or Mainprise hereof fail not at your perils Given under our Hands and Seals c. LI. West symâ—â— 2 part 101 b. 102. sect 95. Church An Indictment for absence from Church c. 1 Eliz. 2. § 14. N. 1. supra Essex ss Juratores pro Domino rege super Sacrament ' suum presentant ' quod cum in statuto in Parliament ' Dom ' Eliz. Dei Gratia c. Anno regni sui primo tent ' apud W. in Com. M. inter alia inactitat ' ordinat ' existit quod post Festum Sancti Johan ' Bapt ' Anno Regni Dictae Dominae Reginae omnis singula persona sive personae Inhabitant ' in hoc Regno Angliae aut aliquo alio Dominiorum dictae Dominae Reginae diligenter fideliter habentes nullam legalem seu rationabilem Excusationem abessendi adnitentur adire suam Parochialem Ecclesiam vel Capellam consuetam vel super rationabile impediment ' aliquem usitatum locum ubi communes precationes Divina servitia in Actu illo mentionat ' Celebrat ' fuerint tempore talis impediment ' quodlibet die Dominico alijs diebus ordinarijs usitatis observari ut Feestivis Diebus tunc ibidem manâ—re secundum ordinem sobriè durante tempore Precium communium Predecationum aut aliorum divinorum Servitiorum ibidem utend ' ministrand ' sub pena punitionis per censuras Ecclesiae etiam sub pena quod quilibet persona sic offendens forisfaciat pro qualibet tali offensa 12. denarios levand ' per Gardianos Ecclesiae parochialis ubi talis offensa foret fact ' ad usum pauperum Inhabitent ' ejusd ' parochiae de bonis terris tenementis offend ' per medum districtionum pro
to take the Declaration of any Person that being moved to any such assembly will within 24. hours after reveal the same unto him XLI Lambert 360. Three Justices of the Peace one of them being of the Quorum may discharge out of Prison any Person committed thither for his Offence in not declaring to a Justice within 24 hours that he was moved to joyn in any unlawful Assembly contrary to the Statute 1 Mar. 1. St. 2. cap. 12. and 1 Eliz. 16. XLII Lambert 367. That Justice of Peace that doth not after request thereof made give attendance upon the Kings Lieutenant of the Shire for the suppressing of any Rebellion or unlawful Assembly shall suffer a years Imprisonment unless there be Cause of reasonable Excuse 1 Mar. 1. St. 2. cap. 12. § N. and 1 Eliz. 16. XLIII Lambert 420 421 422. Enquiry at Sessions if any Persons of or above the Number of twelve have been assembled and have intended gone about and practised with force of Arms unlawfully to change any Laws of this Realm or to cut or cast down any inclosure of Park or inclosed Ground or the Banks of any Fish-pond or any Conduit head or Pâ—pe to the intent they should lay open or void or to have any Common or Way there or to destroy the Deer or Conies in any Park or Warren or Dâ—ve houses or Fish in Pool or in Pond Or to cut down any Houses Baâ—â—s Mills or Bays or to burn any Stack of Corn or Grain or other usual Sustenance of men And being commanded by the Sheriff or any Justice of the Peace of the Shire or by the Mayor Sheriff Justice of Peace or Bayliff of the City Borough or Corporate Town where the Assembly was by Proclamation in the Kings Name to depart to their Houses have notwithstanding continued together one hour after or have after that forcibly attempted to do any such thing 2. And if any Person have unlawfully by ringing of Bells Sounding of Trumpet Drumm Horn or other Instrument or by firing of Beacon or by Malitious Speech or Outcry or by Setting up or casting any writing or by any other Act raised or caused to be raised twelve Persons or above in such manner and to any such intent as is aforesaid and they being commanded by Proclamation as before have nevertheless continued together one hour after or have afterward attempted forceably to do any of the said things 3. And if any the Wife or Servant of any the said Assembled Persons or if any other Person have willingly and without compulsion delivered or conveyed Mony Harness Weapon or Victual to any of the said Persons Assembled during their abode together as before 4. and if any Person have hindred or hurt any that did Proclaim or went to Proclaim as before and if any of the Parties Assembled knowing of that hinderance or Procuring it have nevertheless afterwards committed or put in ure any the things aforesaid 5. And if any Persons to the Number of Forty or more so have assembled to the intent to do any the said things or any other Felonious or Rebellious Act and have continued together three hours after such Proclamation made at or nigh the place of Assembly or in some Market Town next adjoyning and after notice to them thereof given 1 Mar. 1. St. 2. cap. 12. § N. 1 Eliz. 16. XLIV Lambert 439. Enquiry in Sessions if any Persons to the number of three or above have been riotously Assembled to beat any man to enter upon a Possession or to do any such unlawful Act and have done it indeed or attempted to do it or have been assembled together in Routs for any common Quarrel or otherwise unlawfully against the Kings Majesties Peace 2 H. 5. 8. Commission under the name of Conventicles 2. If any Persons above the number of two and under twelve being assembled have intended unlawfully with force to murder or slay any of the Kings Subjects or to cut and cast down any inclosure or Banks of any Fish-pond or Conduit-head or Pipe or to do any the deeds mentioned in unlawful Assemblies before 1 Mar. 1. St. 2. cap. 12. 1 Eliz. 16. § N. and have not departed upon Proclamation but have attempted to do any of these things 3. Or if any Person being moved to make any Rebellious Assembly have not within 24. hours after disclosed the same to a Justice of Peace or to the Sheriff or if any Person have stirred or procured any other to make such Assembly 1 Mar. 1. St. 2. cap. 12. 1 Eliz. 16. Crompt 168. Ab. XLV Lambert 605. The Act of Rebellious Assemblies or the effect thereof ought to be openly read at every Quarter-Sessions 1 Mar. 1. St. 2. cap. 12. 1 Eliz. 16. XLVI Lamb. Precedents 13. pl. 34. An Endictment upon a Rebellious Assembly Juratores pro Domino Rege presentant quod primo die Mensis Octobr. Anno Regni Domini Jacobi c. A. B. C. E. F. c. to the Number of 13. with Additions apud quendam locum infra Parochiam de O. in Com. predict ' Angl ' vocat ' le Old Court inter horas decimam undecimam ante meridiem ejusdem diei Vi Armis tam invasivis quam defensivis viz. Gladis Pugionibus Baculis Arcubus Sagittis Runicis ferre Ferreis Tormentis seipsos Congregaverunt Assemblaverunt ac tunc ibidem intenderunt conati sunt Practicaverunt Vi Armis illegitimè ex authoritate sua propria secare prorsus evertere prosternere ac destruere quoddam caput unius Aquaeductus Angl ' vocat ' a Conduit-head tunc ibidem in fundo cujusdam R. S. de O. predict ' in Com. predicti Generosi existent ' cursum aquae in ipso habens ea intentione ut idem caput Aquaeductus predict ' ex tunc apâ—rtum vacuum remaneret ac Jaceret Et ulterius quod super querimonia inde sacta coram T. W. uno Justiciariorum Pacis dicti Domini Regis in Comitatu predict ' omnes singuli predict ' A. B. C. D. E. F. c. tunc ibidem per eundem Justiciarium requisiti sunc ac jussi per Proclamationem in nomine dicti Domini Regis tunc ibidem per eum palam factam ad habitationes Loca Domos suas unde venerant se inde in Pacifico modo tetrahere retirare discedere reverti quae quidem Proclamatio tunc ibidem modo forma sequentibus habita facta est viz. predict ' T. W. Justiciarius tunc ibidem fecit alta voce unam Oyes ad tunc ibidem immediate haec verba Anglicana sequentia Palam alta voce pronunciavit dicens scilicet The King our Soveraign Lord chargeth and commandeth all Persons being assembled immediately to disperse themselves and peaceably to depart to their Habitations or to their lawfull Business upon the pains contained in the Act lately made against unlawfull and Rebellious Assemblies and God save the King Et ulterius Juratores
be deprived of the benefit of Law for so much in effect do the words of the Commission Import in them Quousque Capiantur reddant se aut utlagentur 2. It followeth that in all Cases of Endictments if the Party be retorned insufficient the Process of Utlary lyeth against the Offender if he be not taken before or do not otherwise offer and yield himself 3. And then the Power of the Justices endeth with the Utlary for they can make no Capias utlagatum but must certifie the Utlary into the Kings Bench. Wages see Fees Apprentice Ways Chemin Bridges Streets Cawseys Highways Post-Office I. LAmbert 300. Thus supervisors for amendment of the Highways ought within one Month next after any Offences done by any against the Acts of 2 and 3 Ph. and Mar. 8. and 5 Eliz. 13. to present that Offence to the next Justice of the Peace and thereupon he ought to certifie the same at the next General Sessions within the same County 2. The Occupier of any Iron-work for every load of Coal or Myne and also for every Tun of Iron that he shall cause to be carried in any year between the 12 of October and the first of May by the space of one mile in the Highways within the Weilds of Sussex Kent or Surry shall for every three such Loads and also for every such Tun pay to the Justice of Peace dwelling near to the Places in that County where the High-ways shall be most Annoyed or to his Assigns three shillings in Mony the same in default of such payment to be levied by distress by such Justices or his Assignee of any the Goods of the Party Lambert 471. 3. And such Occupier for every 30 Loads of Cole and Myne or of either of them and for every ten Tuns of Iron carried in the said High-ways between the first of May and 12 of October in any year shall lay one load of Cynder Gravel Stone or Chalk in places to be appointed by such Justice or else shall pay within eight days after demand at every such Iron-work 3 s. for every such Load to the hands of such Justice who upon default of payment shall levy the same by distress the same Moneys to be likewise bestowed by such Justice upon the same High-ways at his discretion And such Justice may yearly within forty days next after May-day assign the places for bestowing the said Cynder Gravel Stone Chalk or Moneys therefore 39 Eliz. 19. Justices II. Lambert 331. By the oversight of any two Justices and 12. discreet Men of the Hundred and Hundreds adjoyning any Person within the Weild of Kent may make in his own Land a new High-way more commodious than the old 14 H. 8. 6. § N. Crompt 198 b. Justices III. Lambert 354. Two Justices of the Peace whereof one to be of the Quorum which were present at the Session wherein any Person was Convicted for any Offence against this Statute 39 Eliz 19. of Highways within the Weild of Kent Surry or Sussex may make Warrant for levying the forfeits thereof to any Officer and they also may appoint by their Discretion such ways and means to levy the Doubles for not paying those Forfeits within 20 days next after lawful demand of the same by such Officer Bridges IV. Lambert 361 362. Four Justices of Peace whereof one to be of the Quorum may where a decayed Bridge is and where it cannot be proved who or what Lands be chargeable to the repairing thereof Tax the Inhabitants make Collectors and appoint Overseers for the amendment of the same Crompt 200 b. 22. H. 8. 5. Nusans V. Lambert 434. Enquiry in Sessions if any Lord of the Soil have not enlarged the High-way from Market to Market so that no Dyke Bush nor Tree except great Trees be within 200 Foot of each side thereof 13 Ed. 1. St. 2 cap. 5. § 1. N. 1. Winch. Constables VI. Lambert Constable c. 30. § 26. The Constables of Hundreds and of Franchises ought to make Presentment to the Justices of Peace and to all other Justices thereto assigned of the defaults of Watches and of the defaults of the Kings High-ways not so enlarged as no Ditches Underwood or Bushes be within 200 foot on every side of the same c. Articles on Winch. 34 Ed. 1. St. 2. pag. 71. § 1. N. 9. 10. Crompt 82 b. 94 a. Bridges VII Lambert 469 470 471. Enquiry in Sessions if any Bridges in the High-ways being out of the Cinque Ports and Members thereof be broken or decayed to the annoyance of Passengers and if there be then what Hundred City Town Parish or Person certain or Body Politick ought of right to repair or amend the same 22 H. 8. 5. § N. 9 H. 3. 15 Crompt 125. Overseers 2. If the Constables and Church-Wardens of any Parish have not in Easter-week called their Parishioners together and appointed Overseers of the works for Amendment of the High-ways leading to any Market or have not appointed the six days for that work And if any such Overseers have refused the charge Dalt 67. cap. 26. Tâ—xes 3. And if any Person having a Plowland in Tillage or Pasture or keeping a Draught or Plow have not found one Wain or Cart furnished to work Eight hours every of the said days 18 Eliz. 10. § 4. N. Crompt 82. Or if any other Person being assessed in Subsidy to 5 l. in Goods or 40. s. in Lands have not likewise found two able Men Crompt 82 b. Or if any other Housholder or Cottager have not by himself or any other so wrought every of the same days Crompt 82 b. 4. If the Hedges Ditches Trees and Bushes Words in and on each side of any such High-way be not kept low secured and cut down by the Owners of the Grounds adjoyning If any such Overseer have not within one Month after any of the said Offences done presented the same to the next Justice of the Peace Crompt 82 b. Dalt 67. cap. 26. And if any Person occupying Land adjoyning to any such high High-way have cast the scowring of any Ditch thereof into the High-way 5. If any Bayliffs Constables Surveyors Forfeiture or Church-Wardens have not levyed the forfeiture for Offences aforesaid and employed them upon their said High-ways and accounted thereof 2 and 3 Ph. and Mar. 8. Crompt 183 Ab. 5 Eliz. 13. and 18. Eliz. 10. and 27 Eliz. 19. VIII Lambert 500. Justices In some Cases therefore these Justices of Peace may hear one another for every Justice of the Peace may upon his proper knowledge make Presentments at the Sessions of any Offence done against 2 and 3 Ph. and Mar. 8. and 5 Eliz. 13. concerning the Amendment of High-ways and in this and such like Cases his Report hath the force of a Presentment of 12 Men so that he and his Fellows may proceed upon it 21 H. 6. 5. Dalt 67. cap. 26. IX Lambert 576 577. Process