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A16313 A iustice of peace for Ireland consisting of two bookes: the first declaring th'exercise of that office by one or more iustices of peace out of sessions. The second setting forth the forme of proceeding in sessions, and the matters to be enquired of, and handled therein. Composed by Sir Richard Bolton Knight, Chief Baron of his Majesties Court of Exchequer in Ireland. Whereunto are added many presidents of indictments of treasons, felonies, misprisions, præmunires, and finable offences of force, fraud, omission, and other misdemeanors of severall sorts, more then ever heretofore have beene published in print. Bolton, Richard, Sir, 1570?-1648. 1638 (1638) STC 3223; ESTC S107128 601,677 634

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as the parties Our soveraigne Lord the King by authority of this Parliament hath ordeined and stablished that the statutes and ordinances aforesaid shall be firmely kept and holden and straitly executed And moreover for to eschew diverse great mischieves which have happened within the Realme of England by the said auncell and specially for to destroy the falsity of the regratours of yarne called yarne Choppers it is ordeined by our said soveraigne Lord the King by authority aforesaid that in every City Borough and Towne of the Realme of England common balance shall be with common weights sealed and according to the Standerd of the Exchequer upon the common Costs of the said City Burgh or Towne in the keeping of the Maior or Constable of the same to which balance and common weight all the Inhabitants of the same City Burgh or Towne that have not such weights and other that have if they will may freely weigh without any thing paying taking neverthelesse of forreyns for every draught within the weight of xl li. a farthing and for every draught betwixt xl li. and an hundred an halfpeny and for every draught betwixt a hundred pound and a thousand pound a penny at the most whereof the weights shall be maintained and the officers lawfully weighing rewarded by the discretion of the chiefe of the City Burgh or Towne according to his attendance to the said occupation be it more or lesse And that no man buy yarne of wooll called wollen yarne unlesse he will make cloth thereof nor use weight nor measure nor other thing in the place of weight or measure that is not sealed according to the said Standerd nor set any thing to the same by the way of taking or hiding or in any other manner that may encrease the measure or weight or let the balance to have his naturall course upon the forfeiture and paine aforesaid and that the Iustices of peace Maiors Bailiffes and Stewards of Franchises have power by authority aforesaid to examine the Trespassours in this case and for to enquire in especiall of offendors against this ordinance and to doe execution against them that be found defective by enquests or by examination to be made by the said Iudges or officers in this case in the manner as afore is said And that this ordinance be holden and observed from the Feast of Easter next ensuing for ever And that every City upon paine of x. li every Burghe upon paine of C.s. and every Towne where a Constable is upon paine of xl.s. have a common balance with weights according to the said Standerd within two moneths after Proclamation made of this ordinance which paine shall be levyed to the use of our soveraigne Lord the King as often as they shall be defective after the said Proclamation 14. There is another statute made in Ireland in anno 12. El. ca. 3. concerning measures of Corne whereby it was enacted that two measures of brasse should be made at the Queenes cost one for wheat Rye Maslen Beanes and Peese and another for Malt Oates and Barley which shall bee the Standerds for the Shires of the City of Dublin the county of Dublin Kildare Catherlagh Wexford Meath the Towne of Drogheda Westmeath Louth Kings County and Queenes County within this Realme and that the same being marked with the Crowne and letters of her majesties name should remaine and be as her highnesse Standerds for the Shires aforesaid in her Majesties Exchequer of this Realme in the custody of the Lord Treasurer of this Realme or of the under Treasurer for the time being and that unto the Knights Citizens and Burgesses of every the Shires Cities and Townes before named assembled in the same Parliament and to certaine Burgesses of the Borough Townes in the same Shires should be delivered one measure of every such measures which her Majestie should cause to be made according to the tenor of the said Act for the common wealth of her highnesse subjects within this Realme of Ireland according to her Majesties Standerd of her Exchequer in this Realme by Indenture thereof to be made betweene the Lord Treasurer of this Realme or the under Treasurer for the time being at the cost and charges of the said Shire City Towne or Borough and that the said Knights Citizens and Burgesses to whom the said measure shall be delivered as is aforesaid shall surely and safely convey or cause the same to be conveyed by the said Citizens to their Cities and by the said Knights or Burgesses unto such Borough or Towne corporate or market Towne within the Shire for which they have beene elected as hereafter shall be appointed in this Act for the good custody of the same measures withall convenient speed and expedition there to remaine for ever in the keeping of the Maior Bailiffe Soveraigne Portriffe or other head officer for the time being of the same City Borough or Towne as her Majesties Standerds of measure and that the Inhabitants of all Cities Boroughes or market Townes within every of the said Shires should with all convenient speed after the same Standerds so delivered as is before prescribed make or cause to be made common measures according to the measures aforesaid to remaine in the said Cities Boroughes and market Townes and every of them and the measures to be viewed examined printed signed and marked by the Mayor Bailiffe Soveraigne Portriffe or other head officer in whose possession the said Standerd shall remaine or by his officer appointed in that behalfe and that every of the aforesaid Maiors Bailiffes Soveraignes Portriffes or head officers having the said measures printed and signed under the signe and print for the same with the letters of her Majesties name Crowned should have authority and power to make signe and print like measures unto every of her Majesties subjects duely requiring the same taking for marking of every bushell two pence lawfull money of Ireland and that no Merchant nor other person or persons within any City or market Towne in any the Shires before specified shall buy sell or receive any graine or corne with any measure except it be marked signed and printed in manner and forme aforesaid nor any other person or persons in any Shires before specified out of the said Cities Boroughes and market Townes except it be like and equall with the Standerd ordained and made for the said Shire precinct or place where any such person shall so sell buy or receive any such graine or corne and that every person aswell without Cities Boroughes and market Townes as within in every of the Shires above specified shall buy sell and receive and deliver with a bushell sealed signed and marked after the forme aforesaid and no otherwise upon forfeiture of the graine and corne so sold bought received and delivered halfe to the Queenes Majestie her heires and successors and the other halfe to the party grieved and that will sue for the same by Action of debt after the course of the
common lawes of this realme wherein no essoyne protection nor wage of Law to be admitted or allowed and that all the Maiors Bailiffes Soveraignes Portriffes and other head officers of every City Borough or market Towne within every the Shires above said shall cause twice in the yeare or oftner as they shall thinke necessary all measures within the said Cities Boroughes or market Townes to be brought afore them and to be duely viewed and examined and such as they shall upon examination finde defective immediately to be broken and burnt and the party or parties which in that behalfe hath offended and be found defective shall forfeite six shillings eight pence the forfeiture thereof to be unto the said Maior Bailiffe Soveraigne Portriffe or other having Iurisdiction or correction in that behalfe and at the second time the said offendors to forfeite thirteene shillings foure pence and at the third time likewise to forfeite twenty shillings the same forfeitures to be to the head officers as afore is said and for further punishment to be set upon the pillory to the example of others and that the Iustices of peace in every Shire of this Realme of Ireland have full power and authority to enquire heare and determine the said defaults and that the said Iustices of peace above said have authority to make like processe against all persons found as is above said defective and for such fynes and amerciaments as upon them shall be assessed as if they were endicted afore them for breaking of the Queenes peace provided alwayes that the examination of the defaults abovesaid and punishments of the offendours of every offence committed hereafter within any City or Towne corporate of this Realme that have by grant or Charter the office of Clerke of the Market or of Iustices of peace and their authorities or that have by grant or Charter fines amerciaments or forfeitures growing within their City or towne shall be had done and ministred by the head officers Clerke of the market or Iustices of peace within the same Cities or Townes incorporate for the time being and by none other the premisses notwithstanding and the same Maiors Bailiffes Soveraignes Portriffes or other head officers and their successors shall take perceive and retaine all and singular the fynes amerciaments forfeitures and penalties to grow by any offence to bee committed against any branch or article of this Act within their severall Iurisdictions and authorities in like manner as they should mought or ought to have any forfeitures fynes amerciaments and penalties within the severall Iurisdictions and authorities by reason of any grant or Charter made to them before the making of this Act any thing therein contained or any Law prescription custome or usage to the contrary hereof in any wise notwithstanding And forasmuch as great inconveniences and intollerable damage have and doth ensue by the occasion of diversity of measures within the Shires above mentioned thereby amongst other hatefull evils men are moved to buy in one market and sell the same graine in another to the great subvertion of good orders in markets it was enacted and established that the several Standerds to be made by her Majestie for the severall Shires Cities and Townes before named shall keepe and hold the quantities hereafter following that is to say the bushell for the Wheat Rye Maslen Beanes and Peese shall containe 16. Ale gallons and the bushell for the Mault Oates and Barley shall containe 20. Ale gallons and that the same Standerds and measures shall be kept and remaine in the Townes and places hereafter appointed in this Act as her Majesties Standerds for ever and that every bushell of Wheat Corne shall be received stricked without heape and the bushell of Mault Corne shall be layed and pressed downe just with the brim of the bushell after the accustomed manner of measuring Mault and not in other manner upon forfeiture of the Corne received contrary to the tenor hereof or of the just value and price thereof The Names of the Townes limitted for the Custodie of Measures according to the Queenes Standard appointed by the said Act for the Shires in the same Act mentioned 1. County of the Citty of Dublin and the County of Dublin 1. The Citty of Dublin 2. The County of the Towne of Drogheda 2. The Towne of Drogheda 3. The County of Catherlagh 3. The Towne of Catherlagh 4. The County of Lowth 4. The Towne of Dundalke 5. The Kings County 5. The Towne of Phillipstowne 6. The County of Meath 6. The Towne of Tryme 7. The County of Kildare 7. The Towne of Kildare 8. The County of Wexford 8. The Towne of Wexford 9. The County of Westmeath 9. The Towne of Molingare 10. The Queenes County 10. The Towne of Maryborough These two last statutes I have rehearsed at large because upon them two the authority of the Iustice of peace out of the Sessions chiefely dependeth Warrants and Presidents CHAP. 72. 1. VVArrants and presidents which concerne the exercise of the office of a Iustice of peace out of the generall Sessions are of severall sorts viz. they concerne either Treasons Felonies Misprisions Praemunires forcible Entries forceible detainers Riots Routs and unlawfull assemblies security of the peace and good behaviour or other misdemeanors or offences of severall sorts 2. As concerning Treasons and felonies upon information made of any Treason or felon commited any one Iustice of peace may direct his warrant to the Sheriffe or to the high Constables or petty Constables or to all or any of them to make search for the traitours or felons and also for the stolne goods A warrant to apprehend a Traitour may be thus 2. Comitat. Dublin A.B. Esquire one of his Majesties Iustices of peace within the County of D. To the high Sheriffe of the said County to all high Constables petty Constables and other his Majesties officers greeting c. Whereas E. F. and G. H. are vehemently suspected to have committed Treason whereof I have received Information These are therefore in his Majesties name streightly to charge and command you and every of you upon sight hereof without any delay within your severall Bailiwickes Hundreds Baronies and Constablewicks to make diligent search for the bodies of the said E. F. and G.H. and them or either of them so found to attach and arrest and immediately upon such arrest to bring before me at my house at Dale in the said County whereof you may not saile at your perill sealed with my seale and dated the first day of Ianuary in the xiij yeare of the Raigne of our soveraigne Lord King Charles of England Scotland France and Ireland defendor of the faith c. 3. The like warrant may be made for the apprehension of felons mutatis mutandis A warrant to search for stolne goods may be thus Comitat. Dublin 4. A.B. Esquire one of his Majesties Iustices of peace within the County of Dublin To the Sheriffe of the said County and to
shall seeme by their discretions to be necessary convenient for the speedy amendment erecting and making of such Bridges Causeys and Toghers every or any of them And where in many parts of this Realme it cannot be knowne and proved what County Barony Citty Burrough Towne or parish nor what person certaine or body politique ought of right to make or repaire such Bridges Causeys or Toghers by reason wherof such Bridges Causeys Toghers for lacke of knowledge of such as ought to make or repaire them for the most part lye without making or repairing to the great annoyance of the Kings subjects It is further enacted that in every such case the said Bridges Causeys and Toghers if they be without Citty or Towne corporate shall be made by the Inhabitants of the Shire or Barony within the which the said Bridges Causeys and Toghers shal happen to be in decay or thought fit to be newly erected or made And if within any City or Towne corporate which is a County of it selfe then by the Inhabitants of every such City or Town corporate wherein such Bridges Causeys Toghers or any of them happen to be in decay or thought fit to be newly erected made and if within a Towne corporate which is no County then by the County or Barony wherein such Bridges Causeys or Toghers shall happen to be or thought fit to be newly erected and if part of any such Bridges Causeys and Toghers or any of them happen to be in one County and the other part thereof in another County that then in every such case the Inhabitants of both the said Counties shall be charged and chargeable to amend make and repaire such part and portion of such Bridges Causeys Toghers or any of them as shall lie and be within the limits of the Shire wherein they be inhabiting and dwelling 8. And it is further enacted that in every such case the said Iustices of Assise in their Circuits and the said Iustices of the peace in the Quarter Sessions respectively with the assent of the Grand Iury shall have power and authority to taxe and set every Inhabitant in any such County Barony Citty Burrough Towne or parish within the limits of their Commissions and authorities to such reasonable aide and summe of money as they shall thinke by ther discretions convenient and sufficient for the new building repairing re-edifying and amendment of such Bridges Causeys and Toghers and after such taxations made the Iustices of Assize and Iustices of peace respectively shall cause the names and summes of every particular person so by them taxed to be written in a Rolle indented and shall also have power and authority to make two Collectors of every Barony Citty Burrough Towne or Parish for collection of all such summes of money by them set and taxed with Collectors receiving the one part of the said Rolle indented under the seales of the said Iustices shall have power and authority to collect and receive all the particular summes of money therein contained and to distraine every such Inhabitants as shall be taxed and refuse payment thereof in his lands goods and Chattells and to sell such distresse and of the sale thereof retaine and perceive all the money taxed and the residue if the distresse be better to deliver to the owner thereof And that the same Iustices of Assize and Iustices of the peace respectively within the limits of their Commissions and authorities shall also have power and authority to name and appoint two Surveyors which shall see every such Bridge Causey and Togher builded repaired and amended from time to time as often as need shall require to whose hands the said Collectors shall pay the said summes of money taxed and by them received And that the Collectors and Surveyors and every of them and their Executors and administrators and the Executors and administrators of them and every of them from time to time shall at the publique Sessions of the peace make a true declaration and accompt to the Iustices of peace of the Shire Citty or Towne corporate wherein they shall be appointed Collectors or Surveyors of the receipts payments and expences of the said summes of money And if they or any of them refuse that to doe that then the Iustices of the peace from time to time by their discretions shall have power and authority to make processe against the said Collectors and Surveyors and every of them their Executors and administrators and the Executors and administrators of every of them by Attachments under their seales returneable at the generall Sessions of the peace And if they appeare then to compell them to accompt as is aforesaid or else if they or any of them refuse that to doe then to commit such of them as shall refuse toward there to remaine without baile or mainprise till the said declaration and accompt be truely made 9. And lastly it is enacted by the said statute that the Iustices of Assize and Iustices of the peace respectively shall have full power and authority to allow such reasonable costs and charges to the said Surveyors and Collectors as by their discretions shall be thought convenient 10. Now concerning high-wayes although by the ancient common Law every Country ought to maintaine and repaire wayes and passages betweene Market Townes yet for the better performance thereof diverse ancient statutes have beene made viz. the statute of Winchester in the time of E. 1. whereby it is ordained that the wayes should be so inlarged that no bushes should be within 200. foote and the statute of 11. Iacobi ca. 7. 11. Iacobi ca. 7. in Ireland whereby it is ordained that Constables and Churchwardens of every Parish within this Realme shall yearely upon the Tuesday and wednesday in Easter weeke call together a number of the parishioners and shal then elect and choose two honest persons of the parish to be Surveyors and orderers of the works for the amendment of the high wayes Cashes and paces in their parish leading to any market Towne the which persons have authority by vertue of that Act to order and direct the persons and carriages that shall be appointed for those workes by their discretions and the said persons so named shall take upon them the execucution of their said offices upon paine every of them making default to forfeit ten pounds 11. And the said Constables and Churchwardens shall also then name and appoint sixe dayes for the amendment and clearing of the said high-wayes cashes and paces in the said severall parishes before the feast of Saint Iohn Baptist then next following and shall openly in the Church the next Sunday after Easter give notice of the same sixe dayes and upon the said dayes the parishioners shall endeavor themselves to the amendment and cleering of the said wayes cashes and paces and shall be chargeable thereunto as followeth that is to say all and every person or persons for every plow land in tillage or
Iustices of peace only or some of them that were present at the enquiry Co. 9. 11● and when the indictment was found they only have power to make restitution except the Iustices of the Kings Bench who have a supreame authority in all cases of the Crowne 33. And therefore if the record sc the presentment of such force shall be certified by the Iustice of peace into the Kings Bench Or that the same prefentment or indictment shall be removed thither by Certiorari there the Iustice of the Kings Bench may award a writ of Restitution to the Sheriffe of the same County to restore possession to the party so expelled 34. After it shall be found by such Enquiry P.R. 14. b. that such forceible entrie or deteiner is made the Iustice of peace may breake open the house by force to reseise the same and to put the party so put out in possession againe And so may the Sheriffe doe having the Iustice warrant 35. The forme of such warrant from the Iustice of peace to the Sheriffe to make restitution you may see in the Title of warrants and presidents 36. But the Iustice of peace may not in any wise make restitution without such inquiry first had and such force thereby found And if the Iustice shall make restitution without inquiry it seemeth to be punishable in the Starchamber 37. Also this restitution ought to be made to none but to him only that was put out so that if the Father be put out by force and dyeth after inquiry and before restitution his heire shall not have restitution 38. Also such restitution must be made only where a man is put out or holden out c. of house or land and is not to be understood of a Rent Common Advowson or such like 39. Also the Iustice may make restitution notwithstanding any offer of Traverse but yet upon Traverse tendred the safest way for the Iustice of peace seemeth to be for him to deliver or certifie the presentment into the Kings Bench and so to referre the further proceedings therein to them 40. And although these statutes doe inflict no penaltie upon the Iustice of peace if they shall not execute these statutes yet if upon complaint or other notice to them given of such force they shall not at least remove the force record it and commit the offendors they are punishable in the Starchamber 41. Although the Iustice of peace ought to commit to the gaole and may fine all such as he shall see continuing the force at his comming to the place yet upon a force found by the inquiry only and not viewed and seene by the Iustice he may neither fine nor send to the gaole the said offendors by the statute of 8. H. 6. which appointeth the inquiry for the Iustice hath power by the said statute to make restitution only as saith Master Lambert Cromp. 161. b. yet Master Crompton holdeth the contrary But howsoever the Iust of P. is to remove the offendors that be present that so he may restore the other and may bind the offendors to their good behaviour and if the offendors be gone yet the Iustice may make his warrant to take the offendors and may after send them to the Gaole untill they have found sureties for their good behaviour 13. H. 4. ca. 7. 42. Note that if such forceible Entrie or detainer shall be made by three persons Cromp. 68. b. or moe then is it also a Riot and then if there be no former enquiry thereof made the two next Iustices of peace upon notice ought to inquire thereof as of a Riot by a Iury within one moneth upon paine to either of them making default to forfeite 100. l. Defaults of Sheriffes 43. Also one Iustice of peace may as it semmeth heare and determine the defaults of Sheriffes and Bailiffes in not returning sufficient Iurors whereof every one shall have lands 8. H. 6. 9. P. Iust 89. Rast 174. c. c. to the value of Forty shillings by the yeare at the least before him to inquire of such forceible Entrie or deteiner and the said Iustice of peace may proceede therein aswell by bill at the suite of the party grieved for himselfe as also by indictment only for the King And the same processe shall be made against such persons indicted or sued by Bill in this behalfe as should be made against persons indicted or sued by writ of Trespasse with force and Armes against the Kings peace 44. And though any one Iustice of peace may proceede in every of these former cases of forceible Entrie or deteiner as aforesaid yet if two or more Iustices shall joine therein together it is the better fo● plus vident oculi quam oculus securius expediuntur negotia pluribus ●●●missa Co. 4. 46. 〈…〉 45. Also the Mayors and Iustices of Peace and the Sheriffes and Bailiffes of Cities and Burroughes having Franchise 8. H. 8. 9. Rast 174. d. have in the said Cities townes and Burroughes like authoritie to inquire of such Entries or putting out and in other the Articles aforesaid rising within the same as the Iust of Peace and Sheriffes in Counties and Shires have 46. The stat of Northampt. Also every Iustice of Peace to whom a writ upon the statute of North-hampton concerning the removing of a force shall bee delivered ought to execute the same writ sc hee ought to remove the force and to certifie his doings therein into the Chancerie 1. Ed. 3. 3. 47. And for that the Iustices of peace to whom this writ shall be delivered is herein but a minister and is to certifie that which he shall doe therein I will here set downe the manner how hee shall proceede to execute this writ 1. When the Iustice of Peace shall come to the place where the force is supposed by this writ he may cause three Oyes for silence to be made and then he may make Proclamation in the Kings name to this effect The Kings Majesties Iustice of Peace straightly chargeth and in his Majesties name commandeth all and every person to keepe silence whilst his Majesties writ c. be read and proclamation be thereupon made accordingly 2. Then may he read or cause to be read the writ or may declare the effect thereof 3. Then let three other Oyes be made And thereupon make proclamation againe as followeth His Majesties said Iustice doth in his Highnesse name and by vertue of his Majesties writ straightly charge and command that no manner of person of what estate degree or condition soever now being within the house of B. c. named in the said writ shall goe armed or keepe force of armour or weapon nor doe any thing there or elsewhere in disturbance of his Majesties peace or in offence of the stat made at North-hampton in the 2. yeare of King E. 3. upon paine of loosing his said armour and weapons and of imprisoning his bodie at his
be intended of men travailed Travailed men that goe begging through the Countrey after their arrivall 6. Also by a statute made in Ireland in Anno 33. H. 8. ca. 14. 33. H 8. ca. 148 in Ireland It is ordained that where in all places throughout this realme of Ireland Vagabonds and beggers have of long time encreased and daily doe encrease in great and excessive numbers by the occasion of idlenesse mother and root of all vices whereby hath insurged and sprung and daily insueth and springeth continuall thefts murders and sundry other heynous offences and great enormities to the high displeasure of God the inquietation and damage of the Kings people and to marvellous disturbances of the common wealth of this realme and whereas many and sundry good lawes strait statutes and ordinances have beene before this time devised and made as well by the said King H. 8. as also by divers his most noble progenitors Kings of England for the most necessary and due reformation of the premisses yet that notwithstanding the said number of Vagabonds and beggars be not seene in any part to be minished but rather daily augmented and increased into great Routs and companies the Iustices of peace of all and singular the shires within the limits of their Commissions and all other Iustices of peace Mayors Sheriffes bailiffes and other officers of all and every Citty Borrough Ridings or Franchises within the realme of Ireland within the limits of their authoritie shall from time to time as often as need shall require by their discretions divide themselves within the said shires Citties boroughs ridings or Franchises whereof they be Iustices of peace Mayors sheriffes bailiffes or officers and so being divided shall make diligent search and enquirie of all aged poore and impotent persons which live or of necessitie are compelled to live by almes of the charitie of the people that be or shall be hereafter abiding within every hundred rape wapentake Cittie borough parish libertie or Franchises within the limits of their division and after and upon such search made the said Iustices of peace Mayors Sheriffes bailiffes and other Officers that is to say every of them in the limits of their authorities whereunto they are divided shall have power and authoritie by their discretions to enable to begge within such hundred rape or wapentake Citty Towne parish or other limits as they shall appoint such of the impotent persons which they shall finde and thinke most convenient within the limits of their division to live of the charitie and almes of the people and to give in commandement to every such aged and impotent begger by them enabled that none of them shall begge without the limits to them so appointed and shall also register and write the names of every such impotent begger by them appointed in a bill or roll indented the one part thereof to remaine with themselves and the other part by them to be certified before the I●●tices of peace at the next Sessions after such search had to be holden within the said shires Cities Townes or Franchise there to remaine under the keeping of the Custos Rotulorum and that the said Iustices of peace Mayors Sheriffes bailiffes and other officers that is to say as they be divided shall have power and authoritie to make such and so many seales to be engraved with the names of the hundreds rapes wapentakes Cities Boroughs townes or places within the which they shall appoint and limit every such impotent person to begge and commit the said feales to the custodie of such of them or to the custodie of such a one as they shall thinke convenient and shall make and deliver to every such impotent persons by them enabled to beg a letter containing the name of such impotent person and witnessing that he is authorised to begge and the limits within which he is appointed to begge the same letter to be sealed with such of the said seales as shall be engraved with the names of the limit wherein such impotent person shall be appointed to begge in and to be subscribed with the name of one of the said Iustices or officers aforesaid and if any such impotent person so authorished to begge doe begge in any other place then within such limits that he shall be assigned unto that then the Iustices of peace Maiors Sheriffes Bailiffes Constables and other the Kings officers and ministers shall by their discretions punish all such persons by imprisonment in the stocks by the space of two dayes and two nights giving them onely but bread and water and after that cause every impotent person to be sworne to returne againe without delay to the hundred rape wapentake City Burrough Towne Parish or Franchises where they be authorised to begge in and that no such impotent person as is above said shal begge within any part of this Realme except he be authorised by writing under seale as is abovesaid and if any such impotent person be vagrant and going a begging having no such letter under seale as is above specified that then the Constables and all other inhabitants within such Towne or Parish where such person shall begge shall cause every such begger to be taken and brought to the next Iustice of peace or high Constable of the hundred and thereupon the said Iustice of peace or high Constable shall command the said Constables and other inhabitants of the Towne 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 Towne where he was taken or within some other Towne where the same Iustice or high Constable shall appoint if it shall seeme to the discretion of the said Iustice of peace or high Constable that it be convenient so to punish such begger to him brought and if not then to command such beggar to be set in the Stocks in the same Parish where he was taken by the space of three dayes and nights there to have only bread and water and thereupon the said Iustice or high Constable before whom such begger shall be brought shall limit to him a place to begge in and give to him a letter under seale in forme above remembred and sweare him to depart and repaire thither immediately after his punishment to him executed and that if any person or persons being whole and mighty in body and able to labour be taken in begging in any part of this Realme or if any man or woman being whole and mighty in body and able to labour having no land master nor using any lawfull merchandize craft or mysterie whereby he might get his living be vagrant and can give no reckoning how he doth lawfully get his living that then it shall be lawfull to the Constables and all other the Kings officers ministers and subjects of every Towne Parish and Hamlet to arrest the said Vagabonds and idle persons and them bring to any of the Iustices of
be compelled to goe to the hundred where he was borne or last dwelled for the space of three yeeres within such time as shall be limited to him by one of the Iustices of peace Mayors sheriffes bailiffes or other officers where such deliverance shall be had And it is enacted that every such person so delivered shall have a letter made to him by the Clarke of the peace of the shire within the which he was delivered if he be delivered within the shire and if he bee delivered within any Towne Citie borough corporate then he to have a letter of the common Clerke of every such City borough or towne corporate where he is delivered every such letter witnessing the day of his deliverance and the place where he was delivered and before whom and the time appointed when he shall begge for his Fees and the place to the which he shall be assigned to repaire unto in case he can get no master to fall to worke where he was delivered and to every such letter the gaoler or keeper of the prison out of which the person shall be delivered shall put the seale limitted to be made as is aforesaid for the said prison and that every such letter shall be made in this wise following Dublin ss the 20. day of Iuly Anno regni regis Caroli I. S. was delivered for felony our of the gaole of D. in the said County at the Sessions holden afore A.B. and his fellowes at Sale the day and yeare aforesaid and is allowed to begge for his Fees by the space of six weekes and in case he can get no master to worke with in the said terme then he is assigned to goe directly to D. in the county of Meath wherein he saith he was borne or last dwelled by the space of three yeares and he is allowed 14. dayes next after the six weeks for his passage thither or such number of daies as to him shall bee limited by the discretion of the maker of the said letter In witnesse whereof the seale of the prison from the which hee was delivered thereunto is set and in such shires where no gaole is the sheriffe therof for the time being shall cause a seale to be engraved with the name of the shire and shall order and use the same seale to and for such persons so delivered as is aforesaid after like maner and forme as the Gaoler and keeper of the gaole is limitted and appointed to doe by this Act. And it is also enacted that every Clerke of the peace of the Shire within the which such person shall be delivered and every common Clerke of every Citie borough or towne corporate within the which any such person shall bee delivered shall make for every such person as shall be so delivered where they be such officers the said letter in forme abovesaid without any Fee taking for the same and shall deliver every such letter to the Gaoler or keeper of the prison from the which such person shall be delivered and if there be no Gaole there then to the Sheriffe 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 paine to loose and forfeit for the default of every letter 12. d. to the Kings Majestie and that the Gaoler or Keeper of the prison from the which the person shall be so delivered and in case there be no Gaole then the Sheriffe of the shire where any such deliverance shall be had shall not suffer any such person to goe abroad to begge for his fees nor depart out of prison except it be to service or labour unlesse the said Gaoler or sheriffe first deliver to the said person the said letter containing his name sealed with the seale of the prison from the which he shall be delivered or else with the seale engraved with the name of the shire if there be no prison upon paine for every default to loose 12. d. to the Kings highnesse And it is enacted that if any person or persons so being delivered out of prison at any time after the said feast doe begge not having the letter aforesaid sealed in forme abovesaid or begge contrary to the tennor of the said letter that then he shall be taken ordered and whipped in every behalfe like as is above appointed for strong beggers and that to bee done and executed by such as be above limitted to doe the same upon strong beggers and in such wife and upon such paine as is above limitted for non execution of the punishment of strong beggers provided alway that it be lawfull to every person and persons being bounden by reason of any foundation or ordinance to give or distribute any money in Almes and also to every person and persons at common doles used at burials or obytes to give and dispose in Almes any money to every person and persons commīng to such Almes or Doles after like forme and manner as they have beene accustomed to doe in that behalfe before the making of this Act without any danger or penaltie of this statute any thing contained in this present statute to the contrary hereof notwithstanding provided also that it be lawfull to all masters and Governours of hospitals to lodge and harbour any person or persons of charitie or Almes according to the foundation of such hospitals and to give money in Almes in as large manner and forme as they are bounden or owen to doe any thing in this statute to the contrary hereof notwithstanding And lastly in anno 11. Caroli ca. 4. in Ireland it is ordeined for the better suppressing of Rogues Vagabonds and other idle and disorderly persons that before the Feast of Saint Michael the Archangell which shall be in the yeare of our Lord God one thousand six hundred thirty and six there shall be erected built or otherwise provided within every County of this realme of Ireland one or more fit and convenient house or houses of correction with convenient backside thereunto adjoyning together with Mils working cards and other necessary implements to set the said Rogues and other idle and disordered persons on worke the same houses to be built erected or provided in some convenient place or Towne in every County which houses shall be purchased conveyed or assured unto such person or persons as by the Iustices of peace or the more part of them in their quarter Sessions of the peace to be holden within every county of this Realme of Ireland shall be thought fit upon trust to the intent that the same shall be used and imployed for the keeping correcting and setting to worke of the said Rogues Vagabonds sturdie beggers and other idle persons And it is further enacted by the authoritie aforesaid that if the said house and houses respectively so to be erected purchased or provided shall not be erected built or otherwise provided before the said feast of Saint Michael that then every Iustice