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
South for the time being 3 H. 5. St. 2. C. 7. § 1. N. 3. And that the Iustices of Peace through the Realm Mony shall have power by the Kings Commissions to enquire of all such matters viz. as well of Counterfeiting and of bringing of false mony into the Realm as of clipping washing and every other Falsity of the said mony and thereupon make Process by Capias only against these which before them shall be thereof Indicted 8 H. 5. C. 3. § 1 N. 4 And the Iustices of Peace shall have power to enquire thereof Mettle viz. of Guilding or Silvering of Mettles c. and that to determin Statuta Hen. 6. 2 H. 6. Cap. 8. § 2. N. 2. AND that the Iustices of Peace within the Counties Ireland and the Mayors and Bailiffs within Cities and Burroughs Enfranchised have power to take before them viz. of Irish men that enter this Realm such manner of Surety of good abearing and to do Execution upon them which shall abide or do against the said Ordinances from henceforth C. 11. § 1. N. 5. And the Iustices of Peace in all Counties of England and Mayors and Bailiffs having power to enquire of the Peace shall enquire Measures hear and determin all the same defaults viz. in the Contents of Vessels of Wine Eels Herring Salmon c. C. 14. § 1. N. 8. And the Iustices of Peace Mayors and Bailiffs Mettle and all others having power as Iustices of Peace shall hear enquire and determin Viz. of Gold-smiths and others not working Silver by the touch or Sterling allay by Bill Plaint or in other manner all that do contrary to the said Ordinances and thereof make due Execution by their discretions 6 H. 6. Cap. 3. The Iustices of Peace and cheif Officers in Cities Apprentice c. shall make Proclamation what every Artificer and Workman shall take for Wages and the Penalty of a Servant Artificer or Labourer that taketh more 8 H. 6. Cap. 5. § 2. N. 7. And that the Iustices of Peace Mayors Measures Bailiffs and Stewards of Franchises have power by Authority aforesaid to Examin the Trespassers in this Case viz. of false Weights and to enquire in special of Offenders against this Ordinance and to do Execution of them that be found faulty by Enquests or by Examination to be made by the said Iudges or Officers in this case in the manner as afore is said Force Item Whereas by the noble King Richard late King of England Cap. 9. after the Conquest the second at his Parliament holden at Westminster the Morrow after All Souls the fifteenth year of his Reign viz. 15 R. 2. Cap. 2. amongst other things it was Ordained and Established that the Statutes and Ordinances made and not repealed of them that make Entries with strong hand into Lands or Tenements or other Possessions whatsoever and them hold with Force and of them that make Insurrections Riots Routs Ridings and Assemblies in disturbance of the Peace or of the Common Law or in affray of the People should be holden and fully Executed Justices And moreover it is ordained by the same Statute Viz. 15 R. 2. § 1. N. 2. Cap. 2. § 1. N. 2. that at all times that such forcible Entries be made and complaint thereof come to the Iustices of Peace or any of them that the same Iustices or Iustice shall take the power of the County and shall go or one of them shall go to the place where such force is made Force And viz. 15 R. 2. Cap. 2. § 1. N. 3. if they find § 1. N. 3. or he findeth any holding of such place forcibly after such Entry made they should be taken and put in the next Goal there to remain convicted by the Record of the same Iustices or Iustice until they have made Fine and Ransom to the King Process And viz. 15 R. 2. Cap. 2. § 1. N. 4. § 1. N. 4. that all the people of the County as well Sheriffs as others shall be attending to the said Iustices and assist them to arrest such Malefactors upon pain of Imprisonment and to make Fine and Ransom to the King Church And viz. 15 R. 2. Cap. 2. § 1. N. 5. § 1. N. 5. that in the same manner be done of them that make forcible Entries into Benifices or Offices of holy Church as in the same Statute is contained more at Large Collusion And for that the said Statute viz. 15 R. 2. Cap. 2. § 2. N. 1. doth not extend to Entries in Tenements in peaceable manner and after holden with force nor if the persons which enter with force into Lands or Tenements be removed or voided before the coming of the said Iustices or Iustice as before nor any Pain ordained if the Sheriff do not obey the Commands and Precepts of the said Iustices for to execute the said Ordinances many wrongful and forcible Entries be daily made in Lands and Tenements by such as have no Right and also divers Gifts Feoffments and Discontinuances sometimes made to Lords and other puissant Persons and Extortioners within the said Counties where they be conversant to have Maintenance and sometimes to such persons as be unknown to them so put out to the intent to delay and defraud such rightful Possessions of their right and recovery for ever to the final Disherison of divers of the Kings faithful Leige-people and likely daily to encrease if due remedy be not provided in this behalf Assurances Our Lord the King considering the Premises § 2. N. 2. hath ordained that the said Statute viz. 15 R. 2. Cap. 2. and all other Statutes of such Entries of Alienations made in times past shall be holden and duly Executed Force Ioyned to the same viz. to 15. R. 2. Cap. 2. that from henceforth where any doth make any forcible Entry in Lands and Tenements § 2. N. 3. or other Possessions or them hold forcibly after Complaint thereof made within the same County where such Entry is made to the Iustices of Peace or to one of them by the party grieved that the Iustices or Iustice so warned within a convenient time shall cause or one of them shall cause the said Statute viz. 15. R. 2. Cap. 2. duly to be Executed and that at the costs of the Party so grieved Enquest And moreover §. 3. N. 1. though that such persons making suh Entries be present or else departed before the coming of the said Iustices or Iustice in some good Town next to the Tenements so entred or in some other convenient place according to their discretion shall have or either of them shall have Authority and power to enquire by the people of the same County as well of them that make such forcible entries into Lands and Tenements as of them which the same hold with force § 3. N. 2. And if
§ 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
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
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
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
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
Mares or Gâ—ldings into Scotland or beyond the Seas C. 7. § 4. N. 1. And also be it Ordained c. that albeit any Abatement c. Iustice of the Peace within any of the Kings Dominions c. shall fortune to be made c. 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 shall still remain Iustice c. and have full Power c. as he or they might or ought to have done before the same § 6. N. 1. And over that no manner of Process or Suit made c. before any Justices c. Iustices of Peace c. shall ne in any wise be discontinued c. by altering of the names of the c. Iustices of Peace 11 H. 6. Cap. 6. § 1. N. 2. C. 12. § 19. N. 3. And that the same Accusation c. so to be had made and declared Treason viz. withâ—n thirty days after Treason spoken c. shall be made to one of the Kings Council or to one of the Kings Iustices of Assize or else to one of the Kings Iustices of the Peace being of the Quorum or to two Iustices of the Peace within the Shire where the same Offence c. shall happen to be done or committed any thing in this Act contained to the contrary in any wise notwithstanding 2 3 Ed. 6. C. 2. § 4. N. 1. And if such Souldiers so offending War viz. departing or selling their Harness c. fortune to escape from the Lieutenant c. without the Punishment viz. of Imprisonment till Satisfaction and Restitution aforesaid that then the same Souldier upon complaint made by the Party grieved or his Executors or Administrators upon due Proof thereof to made to any Iustice or Iustices of the Peace in the parts where such Souldiers so offending shall be found shall be by such Iustice or Iustices committed to Ward there to remain without Bail or Mainprize until he have satisfyed the Party grieved his Executors or Administrators of and for such Horses Geldings or Mares and Harness so by any such Souldier wilfully lost exchanged altered or otherwise purloyned Process And that the Iustices of every Shire where any such Souldier viz. Departing without Licence shall be taken shall have full Power to inquire § 6. N. 2. hear and determine in all and every the said Offences concerning every such Departure as they do and may do in all other Cases of Felony committed in the Shire where such Souldiers shall be taken Justices And be it further Enacted C. 10. § 4. N. 1. c. that the Iustices of Peace in every of their Sessions and also the Steward in every Leet shall have full Power c. to inquire hear and determin as well by Presentment of twelve Men as by Accusation or Information of two honest Witnesses of for and upon all and every the Offences and Forfeitures c. viz. of not well drying sifting or mixing of Mault c. as well for the King as for the Party that shall sue procure or cause the same to be presented as is beforesaid And if any of them viz. Constabâ—es Bailiffs c. shall thereupon Viz. on Search find any Mault so put to Sale Coron being evil made § 4. N. 3. or mingled with evil Mault c. that then the said Bailiff or Constable so finding any such Mault c. with the advise of one Iustice of Peace within the same Shire shall cause the same to be sold to such person c and at such reasonable price c. and under the common price of the Market as to his discretion shall seem necessary and expedient And that all and every other person Authorized to shoot or otherwise if he inhabit in any Town-Corporate be presented by the Mayor or other Officer of the same Games and inhabiting in the County C. 14. § 2. N. 2. be presented within one Month after the publishing of this Act to the next Iustice of Peace adjoyning In which Cases the said Mayor Iustice or other Officer so taking their names as is aforesaid Corporation § 2. N. 3. shall again present and record the same before a Iustice of the Peace at the next Quarter Sessions to the intent the Clerk of the Peace of the County may keep a certain Book or Roll of the names of all such persons by the which the Kings Majesty may from time to time be ascertained how many sheet and able men exercised in that Feat be in every County that the same may be imployed in his Graces Service as need and occasion shall require And it is further Ordained c. that all and singular Iustices of Assize Victuals Iustices of Peace Mayors Bailiffs and Stewards of Leets C. 15. § 3. N. 1. at all and every their Sessions Leets and Courts shall have full Power and Authority to inquire hear and determin all and singular Offences committed against this Statute viz. of Conspiracy by Victualers Artificers c. and to punish or cause to be punished the Offender according to the Tenor of this Act viz. by Fine Imprisomnent Pillory c. Fish And furthermore it is Ordained c. that Iustices of Goal delivery and Iustices of Peace in all and singular Counties Cities C. 19. § 4. N. 1. Towns-Corporate and other places within this Realm of England and other the Kings Dominions shall have full Power and Authority to inquire hear and determin all manner of Offences that shall be committed or done contrary to this Act viz. Eating Flesh on Fridays Saturdays Embring-days and Fish-days in like manner and form as they may inquire hear and determin any Trespass or other Offence against the Kings Peace committed or done within the limits or place where they then shall be Iustices c. For redress c. be it Enacted c. that where any person C. 24. § 2. N. 5. c. shall be Feloniously stricken or poysoned in one County Coron and dye of the same c in another County that then an Indictment thereof found by Iurors of the County where the death shall happen whether it shall be found before the Coroner c or before the Iustices of Peace or other Iustices or Commissioners c. shall be as good c. as if the Stroke or Poysoning had been committed or done in the same County where the Party shall dye or where such Indictment shall be so found c. And further be it Enacted c. that where any Murder or Felony hereafter shall be committed and done in one County Lieu. § 4. N. 1. and another person or more shall be accessary c. in any manner of wise c. in any other County that then an Indictment found c. before the Iustices of Peace or other Iustices
of Parliament have given and granted any Liberty and Authority or otherwise have Authority by other lawful means or ways to ordain make and constitute any of the said Officers of Custos Rotulorum within any County Palatine or other place Peace Cap. 5. shall and may have and enjoy the same Liberty and Authority according as they have had and enjoyed the same any thing in this present Act had or made to the contrary notwithstanding Treason Forasmuch as it is most necessary in a Common-wealth to provide that Tranquility and Peace may be continued in this Realm § 1. N. 2. and that all things being contrary thereto may by foresight be eschewed Therefore it is Ordained and Enacted by the King our Soverain Lord with the assent of the Lords and Commons of this present Parliament assembled and by Authority of the same that if any persons to the number of twelve or above being assembled together at any time after the twelfth day of February next coming shall intend go about practice or put in ure with force of Arms unlawfully and of their own Authority to murder kill slay take or imprison any of the Kings most honourable Privy-Counsel or unlawfully to alter or change any Laws made or established for Religion by Authority of Parliament or any other Laws or Statutes of this Realm or any of them the same number of twelve or above being commanded or required by the Sheriff of the Shire or by any Iustice of Peace of the same Shire or by the Mayor Sheriffs Iustices of Peace or Bailiffs of any City Borough or Town-Corporate where any such Assembly shall be unlawfully had or made by Proclamation in the Kings Name to retire and repair to their own Houses Habitations or Places from whence they came and they or any of them notwithstanding such Proclamation shall remain or make their abode or continue together by the space of on whole hour after such Commandment or Request made by Proclamation or after that shall willingly in forcible and riotous manner attempt to do or put in ure any the things above specifyed that then as well every such abode and continuing together as every such Act or Offence that after such Proclamation Commandment or Request had or made shall be attempted to be done practiced or put in ure by any persons being of the number aforesaid shall be judged High-Treason in all and singular those persons that so shall make their abode or continue together or shall attempt or commit any such Act and the Offenders therein their Aiders Abetters and Procurers to be adjudged Traitors to the King and the Realm and shall suffer Execution of Death as in Case of High-Treason 1 Mar. 1. Stat. 2. Cap. 12. § 2. N. 1. And furthermore be it Enacted Coron Ordained and Established by the Authority aforesaid that if any persons to the number of twelve or above after the said twelfth day of February shall intend go about practice or put in ure in manner and form aforesaid to overthrow cut break cast down or dig up the Pales Hedges Ditches or other Closure of any Parks Park or other Grounds or Ground Inclosed or the Banks of any Fish-Pond or Pool or any Conduits for Water Conduit-heads or Conduit-pipes having Course of Water to the intent that the same or any of them from thenceforth should remain open not inclosed or void or unlawfully to have Common or a Way in the said Parks Park or other Grounds or Ground inclosed or in any of them or to destroy the Deer in any manner of Parks or Park or any Warrens or Warren of Connies or any Dove-houses or any Fish in any Pond or Pool or to pull or cut down any Houses Barns Mills or Bays or to burn any Stacks of Corn or Grain or to abate defalk or diminish the Rents or yearly Value of any Manners Lands or Tenements or the Price of any Victual Corn or Grain or any other things usual for the sustenance of Men and being required or commanded by any Iustice of Peace or by the Sheriff of the County or by the Mayor Bailiff or Bailiffs or other Head-Officers of any head-Head-City or Town-Corporate where such Assembly shall be had by Proclamation to be made in the Kings Name to retire or return in peaceable manner to their Habitations Places and Houses from whence they came and they or any of them notwithstanding such Proclamation shall remain or make their abode or continue together by the space of one whole hour after such Commandment or Request made by Proclamation or after that shall in forcible manner attempt to do or put in ure any of the things last before mentioned that then as well every such abode or continuing together as every such Act that after such Proclamation Commandment or Request had or made shall be done practiced or put in ure by any persons being above the number of twelve shall be adjudged Felony and the Offenders therein to be adjudged Felons and shall suffer Execution as in Case of Felony 1 Mar. 1. St. 2. Cap. 12. § 2. N. 1. § 2. N. 2. And every of the same persons Clergy to lose the Benefit of his Clergy and Sanctuary § 3. N. 1. And also it is Ordained and Enacted by the Authority abovesaid Riot that if any person or persons after the twelfth day of February unlawfully and without Authority by ringing of any Bell or Bells sounding of any Drum Trumpet Hornor other Instrument whatsoever or by firing of any Beacon or by malicious speaking or uttering of any words or making any out-cry or by setting up or casting any Bills Bill or Writing whatsoevever or by any other deed or act shall raise or cause to be raised or assembled any persons to the number of twelve or above to the intent that the same persons should commit and put in ure any of the acts or things above mentioned and that the persons to the number of twelve or above so raised and assembled after Commandment had or given in form aforesaid shall make their abode or continue together as is aforesaid or unlawfully perpetrate do commit or put in ure any of the acts or things abovesaid that then all and singular persons by whose Speaking Deed Act or any other the means above specified any persons to the number of twelve or above shall be raised or assembled for the doing committing or putting in ure any of the acts or things above mentioned shall be adjudged for his so speaking or doing a Felon and shall suffer Execution of Death as in Case of Felony 1 Mar. 1. St. 2. C. 12. §3 N. 1. § 3. N. 2. And shall lose his Benefit and Sanctuary and Clergy Clergy § 4. N. 1. And over that it is Ordained and Enacted by the Authority aforesaid Treason that if any persons to the number of forty and above after the said twelfth day of February shall be assembled
together in forcible manner unlawfully and of their own Authority to the intent to do exercise or put in ure any of the things above mentioned or to do any other Trayterous Felonies or Rebellions Act or Acts and so shall continue by the space of two hours that then every person so being willingly assembled in forcible manner and so continuing by the space of two hours shall be adjudged a Traytor to the King and to the Realm and shall suffer Execution of Death as in Case of High-Treason 1 Mar. 1. St. 2. C. 12 §20 N 1. Bar. Fem. And also that if any Wife or Servant of any of the same persons § 5. N. 1. or any other person whatsoever shall willingly and without Compulsion bring send deliver or convey any Mony Harness Artillery Weapon Meat Bread Drink or other Victual to any person or persons so being assembled as is aforesaid during such time as he or they shall so be assembled or be together as is aforesaid that then every Wife Servant or other person so bringing sending delivering or conveying any Mony Harness Artillery Weapon Meat Bread Drink or Victual to the same persons so being assembled together in forcible manner or to any of them shall be adjudged a Traytor to the King and to the Realm and shall suffer Execution of Death as in Case of High-Treason 1 Mar. 1. St. 2. Cap. 12. § 4. N. 1. Forfeiture And furthermore it is Ordained and Enacted by the Authority above said § 6. N. 1. that every person that at any time hereafter shall be attainted of or for any of the Treasons or Treason above mentioned shall upon his said Attainder forfeit his Goods and Cattels Interests for term of Life and of years Lands Tenements and other Hereditaments in like manner and form as any person attainted for Felony only should or ought to forfeit by the Common Laws of this Realm and not otherwise that is to say the King to have the year and day and wast of such Lands and Tenements wherof any person so attainted shall at the time of the Treason committed or at any time after have an Estate of Fee-Simple and also the Goods and Cattels real and personal Franchise And that the Lords of whom the said Lands and Tenements or any part thereof shall be holden § 6. N. 2. to have and enjoy the Lands or Tenements holden of him or them for ever in such the same manner and form as in Cases of Attainder of Felony at the Common-Law Tayl. And that every person that at any time hereafter shall be attainted of any of the Treasons aforesaid § 6. N. 3. shall forfeit the Lands and Tenements and other Hereditaments whereof he shall be seised of any Estate in Tayl or for term of Life or Lives at the time of any such Treason committed or at any time after during his Life only and no longer unless the person so attainted shall be thereof seised in his demean as of Fee at the time of the said Treason committed or at any time after Heir And that after the decease of the same person so attainted § 6. N. 4. all and singular such person and persons as should have had and enjoyed such Lands Tenements and other Hereditaments as any person that at any time hereafter shall be attainted of or for any Treason above specified shall fortune to be seised of any Estate in Tayl or for term of Life at the time of any such Treason committed or at any time after shall after the death of the same person that so shall fortune to be attainted have and enjoy the said Lands Tenements and other Hereditaments in like manner and form as though no such Attainder had been had any Law or Vsage to the contrary in any wise notwithstanding Riot And furthermore it is Ordained and Enacted by the Authority abovesaid § 7. N. 1 that if any persons above the number of two and under the number of twelve being assembled together at any time after the said twelfth day of February shall intend go about practice or put in ure with force of Arms unlawfully and of their own authority to murder kill or slay any of the Kings Majesties Subjects or to overthrow cut break cast down or dig up the Pales Hedges Ditches Wall or other Closure of any Parks Park or other Ground inclosed or the Bank of any Fish-Pond or Pool to the intent that the same or any of them from henceforth should remain open not inclosed or void or to have Common or Way in the same Parks Park or other Grounds or Ground inclosed or any of them or to destroy any manner of Parks or Park or Fish-Pond or Pool or any Warrens or Warren of Connies or any Dove-houses or to pull or cut down any House Barn Mill or to burn any Stacks of Corn or Grain or alter defalk or abate the Rents or yearly Value of any Mannors Lands or Tenements of any of the Kings Subjects or the price of any Victual Corn or Grain or any other things usual for the Sustenance or Apparel of Men and being required or commanded by any Iustice of the Peace or the Sheriff of the County or by any Mayor Bailiffs or Bailiff or other Head-Officer of any City or Town-Corporate where such Assembly shall be had by Proclamation to be made in the Kings Name to retire or return to their Habitations Places or Houses and they so required by such Proclamation shall not so do but after that shall in forcible manner in form aforesaid attempt to do or put in ure any of the things last above mentioned that then every of the same persons being above the number of two and under the number of twelve shall suffer Imprisonment of his or their bodies by the space of one year without Bail or Mainprise 1 Mar. 1. St. 2. Cap. 12. § 5. N. 1. § 7. N. 2. And shall make Fine and Ransom at the Kings Will and Pleasure Amercement § 7. N. 3. And also that if any person or persons at any time after the twelfth day of February shall be damnified or hurt by the doing Damages committing or putting in ure of any unlawful act or thing above mentioned that then all and singular persons so damnified or hurt shall recover and have Damages with the Costs of their Suit sustained in that behalf trebled against the Offenders therein 1 Mar. 1. St. 2. Cap. 12. § 6. N. 1. § 8. N. 1. And forasmuch as such evil disposed persons which of late time made Commotions and Rebellion in certain places within this Realm War being but few in number at such time as they did begin the same Commotion were not in short time after the beginning thereof suppressed by strength for that the Kings loving Subjects for fear to incur the danger of the Laws of this Realm durst not take upon them so to do a greater
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.
â—â—â—r Provided always and be it Enacted by the Authority aforesaid § 9. N. 5. that after the death of every such Copy-holder Customary-holder or Farmer as so shall offend and forfeit any of their said Copy-holds Customary-holds or Farms as is aforesaid that then all and every such person and persons as should or ought to have had the said Copy-holds Customary-holds or Farms after or by the death of such Copy-holder Customary-holder or Farmer in case such Copy-holder Customary-holder or Farmer had not so offended ne forfeited shall and may have the same Copy-holds Customary-holds and Farms by Entry Action Admission or otherwise in like Manner Form and Condition and by such Ways and Means as they and every of them should might or ought to have had if no such Forfeiture or Offence had been had done or committed 1 Mar. 1. St. 2. Cap. 12. § 10. N. 1. § 10. N. 1. And furthermore it is Ordained and Enacted by the Authority aforesaid that if any person or persons after the said twelfth day of February Coron by open Word or Deed shall procure or stir any other person or persons to arise or make any Traiterous or Rebellious Assembly to the intent to do exercise or put in ure any of the things above mentioned that then every person so procuring moving or stirring any other shall therefore be deemed and adjudged a Felon and suffer pains of Death and forfeit his Goods Cattels Lands and Tenements as in Cases of Felony 1 Mar. 1. St 2. Cap. 12. § 19. N. 1. §. 10. N. 2. And shall also lose the Benefit of his Clergy and Sanctuary Clergy § 11. N. 1. And also be it further Enacted by the Authority aforesaid Imprisonment that if any person or persons which at any time after the same day shall be spoken unto moved or stirred to make any Commotion Insurrection or unlawful Assembly for any of the intents above mentioned and do not within twenty four hours next after he or they shall be so spoken unto moved or stirred unless he shall have a good and reasonable cause of excuse declare the same to one Iustice of Peace or Sheriff of the said County or to the Mayor Sheriffs Bailiff or Bailiffs or other head-Officer of any City or Town-Corporate where such speaking motion or stirring shall be had shall suffer Imprisonment until he shall be discharged by three Iustices of Peace of the same Shire where the Offence shall be whereof one of the said Iustices shall be of the Quorum 1 Mar. 1. Stat. 2. Cap. 12. § 11. N. 1. § 12. N. 1. And it is Ordained and Enacted by the Authority abovesaid Imprisonment that if any person or persons being above the age of eighteen years and under the age of forty years being able to serve and not sick lame or impotent shall be required by any Iustice of the Peace or any Sheriff of any County where any such Assembly shall be or by any Mayor Bailiff or other Head-Officer of any City Borough or Town-Corporate or by any other by the Commandment of any such Iustice of Peace Sheriff Mayor Bailiff or other Head-Officer to go with him or them to suppress the persons unlawfully assembled in manner and form aforesaid that then every person so being able and required do willingly and obstinately refuse so to do shall suffer Imprisonment of his Body for one year without Bail or Mainprize 1 Mar. 1. Stat. 2. Cap. 12. § 12. N. 1. § 12. N. 2. And make Fine and Ransom at the Kings Will and Pleasure Amercements § 13. N. 1. Provided always and be it Enacted by the Authority aforesaid that if the King shall by his Letters Patents make any Lieutenant in any Countiy or Counties of this Realm for the suppressing of any Commotion Rebellion or unlawful Assembly War that then all Iustices of Peace of every such County and the Sheriffs and Sheriff of the same as all Mayors Bailiffs and other Head-Officers and all Inhabitants and Subjects of any County City Borough or Town-Corporate within every such County shall upon the Declaration of the said Letters Patents and Request made be bound to give attendance upon the same Lieutenant to suppress any Commotion Rebellion or unlawful Assembly unless he or they being so required have any reasonable excuse for his not attendance upon pain of Imprisonment of one whole year 1 Mar. 1. St. 2. Cap. 12. § 13. N. 1. § 14. N. 1. And be it further Enacted by the Authority aforesaid Notice that the Order and Form of the Proclamations that shall be made by the Authority of this Act shall be as hereafter followeth or with the like order and words in effect that is to say the Iustice or other person Authorized by this Act to make the said Proclamation shall make or cause to be made in Oyes and after that shall openly pronounce or cause to be pronounced these words or the like in effect 1 Mar. 1. St. 2. Cap. 12. § 14. N. 1. Peace The King our Soveraign Lord § 14. N. 2. chargeth and commandeth all persons being assembled immediately to disperse themselves and peaceably to depart to their Habitations or to their lawful Business upon the Pains contained in the Act lately made against unlawful and rebellious Assemblies and God save the King 1 Mar. 1. St. 2. Cap. 12. § 14. N. 1. Forfeiture Provided always and be it Enacted by the Authority aforesaid § 15. N. 1. that if any person or persons do or shall molest let hinder or hurt any person or persons that shall proclaim or go to proclaim according to the Proclamation and Order made in the Statute aforesaid whereby such Proclamation shall not be made that then all and every such person and persons so molesting letting hindring or hurting and all and every such person and persons Offender or Offenders to whom any such Proclamation or Proclamations should or ought to be made to the intent aforesaid shall incur and be in like Danger and suffer like Pain or Pains and Forfeitures as aforesaid in every of their Degrees as though the Proclamation had been made any Clause Article or Sentence heretofore in this Act included made to the contrary notwithstanding 1 Mar. 1. St. 2. Cap. 12. § 15. N. 1. Days And be it Enacted by the Authority aforesaid § 15. N. 2. that this Act shall be openly read at every Quarter Sessions 1 Mar. 1. St. 2. Cap. 12. § 16. N. 1. Franchise Saving to the Bishop of Durham and Bishop of Ely § 15. N. 3. and all other that have Charter of the County Palatine and to their Successors the year day and waste in such sort as by the said Charter they had or ought to have had the same if this Act had never been had ne made this Act or any thing therein contained to the contrary notwithstanding 1 Mar. 1. St.
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
have done before the same as in the said Act more plainly appeareth § 1 N. 2. Sithence the making of which Act viz. 1 Ed. 6. 7. § 4. N. 1. Sheriffs divers persons being in the Commission of the Peace in one County have been made Sheriffs of the same County and have exercised either of the said Offices which seemeth not to be convenient § 2. N. 1. Wherefore be it Enacted Abatement c. that no manner of person or persons having using or exercising the Office of the Sheriff of any County or Counties shall use or exercise the Office of Iustice of Peace by force of any Commission or otherwise in any County or Counties where he or they shall be Sheriff during the time only that he or they shall use or exercise the said Office of Sheriff-wick any thing in the said former Act viz. 1 Ed. 6. 7. § 4. N. 1. to the contrary in any wise notwithstanding § 2. N. 2. And that all and every act and acts to be done by any such Sheriff and Sheriffs Sheriff by Authority of any Commission of the Peace during the time abovesaid shall be void and of none effect the said former Act viz. 1 Ed. 6. 7. § 4. N. 1. notwithstanding Cap. 12. Forasmuch as it is most necessary in a Common-wealth to provide that Tranquility and Peace may be continued in the Realm Peace and that all things being contrary thereunto may by foresight be eschued 3 4 Ed. 6. 5. § 1. N. 2. Therefore it is Ordained and Enacted Riot c. that if any persons to the number of twelve or above being assembled together at any time after the twentieth day of December next coming shall intend go about practice or put in ure with force of Arms unlawfully and of their own Authority to alter or change any Laws made or established by Authority of Parliament which shall stand in force after the said twentieth day of December or any other Laws or Statutes of this Realm or any of them the same number of twelve or above being commanded or requested by the Sheriff of the Shire or by any Iustice of Peace of the same Shire or by the Mayor Sheriff Iustices of Peace or Bailiff of any City Borough or Town-Corporate where any such Assembly shall be unlawfully had or made by Proclamation in the Queens Name to retire and repair to their own Houses Habitations or Places from whence they came and they or any of them notwithstanding such Proclamation shall remain and make their abode or commune together by the space of one whole hour after such Commandment or Request made by Proclamation or after that shall willingly in forcible and riotous manner attempt to do or put in ure any of the things above specified that then as well every such abode or continuing together as every such act or offence that after such Commandment or Request by Proclamation had or made shall be attempted to be done practised or put in ure by any persons being of the number aforesaid shall be adjudged Felony in all and singular those persons that so shall make their abode or continue together or shall attempt or commit any such act and the Offenders therein to be adjudged Felons and shall suffer only execution of Death as in Case of Felony 3 4 Ed. 6. 5. § 1. N. 2. Coron And furthermore it is Enacted § 2. N. 1. Ordained and Established by Authority aforesaid that if any persons to the said number of twelve or above after the said twentieth day of December shall intend go about practice or put in ure in manner and form aforesaid to overthrow cut break cast down or dig up the Pales Hedges Ditches or other Inclosure of any Parks Park or other Ground or Grounds inclosed or the Banks of any Fish-Pond or Pool or any Conduits of water Conduit-heads or Conduit-pipes having course of water to the intent that the same or any of them from henceforth should remain open and unclosed or void or unlawfully to have Common or Way in the said Parks or Park or other Grounds or Ground inclosed or any of them or to destroy in manner and form aforesaid the Deer of any manner of Parks or Park or any Warrens or Warren of Conies or any Dove-houses or any Fish in any Fish-Pond or Pool or to pull or cut down any Houses Barns Mills or Bays or to burn any Stacks of Corn or Grain or to abate defalk or diminish the Rents or yearly Value of any Mannors Lands or Tenements or the Price of any Victual Corn or Grain or any other thing usual for the Sustenance of Men and being required or commanded by any Iustice of Peace or by the Sheriff of the County or by the Mayor Bailiff or Bailiffs or other Head-Officers of any City or Town-Corporate where such Assembly shall be had by Proclamation to be made in the Queens Name to retire or return in Peaceable manner to their Habitations Places and Houses from whence they came and they or any of them notwithstanding such Proclamation shall remain or make their abode or continuance together by the space of one whole hour after such Commandment or Request made by Proclamation or after that shall in forcible manner do or put in ure any of the things last before mentioned that then as well every such abode and continuing together as every such act that after such Commandment or Request by Proclamation had or made shall be done practised or put in ure by any persons being above the number of twelve shall be adjudged Felony and the Offenders therein to be adjudged Felons and shall suffer only the Execution of Death as in Case of Felony 3 4 Ed. 6. 5. § 2. N. 1. c. Notice Provided always and be it Enacted c. that if any person or persons § 15. N. 1. do or shall molest let hinder or hurt any person or persons that shall proclaim or go to proclaim according to the Proclamation and Order made in the Statute aforesaid whereby such Proclamation shall not be made that then all and every such person and persons so molesting letting hindring or hurting and having knowledge of his Message shall incur and be in such Danger and suffer such Pain or Pains and Forfeitures as the persons assembled to whom the Proclamation should have been made should by this Act incur for not obeying the Proclamation if it had been made or for doing after the Proclamation of any the things before in this Act expressed 3 4 Ed. 6. 5. § 15. N. 1. § 15. N. 2. And that also all and every such person and persons being assembled to the number aforesaid to attempt or do any of the things aforesaid Forfeiture to whom Proclamation should or ought to have been made if the same had not been setted as is aforesaid shall likewise in case they do afterwards commit put in
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
Essoyn Protection Wager of Law or Licence to the contrary shall be allowed Cattle And be it Enacted C. 7. § 7. N. 1. c. that the Iustices of Peace of every Place and County as well within Liberties as without shall have Authority in their Sessions within the limits of their Authority and Commission to inquire hear and determine all Offences against this Statute viz. of selling Horses Gueldings Mares and Colts in Fairs and Markets Overt as they may do any other matter tryable before them Ways And in default of such Inquiry or Presentment C. 8. § 2. N. 10. viz. in Leet of not amending High-ways c. the Iustices of Peace for every Place or County shall have Authority to inquire of the same the Offences which shall be committed within the limits of their Commission at every their Quarter Sessions and to assess such Fines therefore as they or two of them whereof one to be of the Quorum shall think meet Account And the said Church-wardens shall have Authority to call the said Bailiff and Head-Constable to Account before the Iustices of Peace or two of them wherof one to be of the Quorum by Bill § 4. N. 2. Information or otherwise Bail And forasmuch as the said Act viz. 1 2 Ph. Mar. Cap. 13. § 4. N. 1. doth not extend to such Prisoners as shall be brought before any Iustice of Peace for Manslaughter or Felony C. 10. § 2. N. 1 and by such Iustice shall be committed to Ward for the Suspition of such Manslaughter or Felony and not Bailed in which Case Examination of such Prisoner and of such as bring him is as necessary or rather more than where such Prisoner shall be let to Bail or Mainprize Proof Be it therefore Enacted § 2. N. 2. c that from henceforth such Iustice or Iustices before whom any person shall be brought for Manslaughter or Felony or for Suspition thereof before he or they shall commit or send such Prisoner to Ward shall take the Examination of such Prisoner and Information of those that bring him of the Fact and Circumstances thereof and the same or as much thereof as shall be material to prove the Felony shall put in Writing within two days after the said Examination Certificate And the same shall certify in such manner and form § 2. N. 3. and at such time as they should and ought to do if such Prisoner so committed or sent to Ward had been Bailed or let to Mainprize upon such Pain as in the said former Act viz. 1 2 Ph. Mar. Cap. 13. § 5. N. 5. is limited and appoin◠for not taking or not certifying such Examinations as in the said former Act is expressed Recognizance And be it further Enacted § 2. N. 4. that the said Iustices shall have Authority by this Act to bind all such by Recognizance or Obligation as do declare any thing material to prove the said Manslaughter or Felony against such Prisoner as shall be so committed to Ward to appear at the next general Goal-delivery to be holden within the County City or Town-Corporate where the Tryal of the said Manslaughter or Felony shall be then and there to give Evidence against the Party § 2. N. 5. And that the said Iustices shall certify the said Bonds taken before them Certificate in like manner as they should and ought to certify the Bonds mentioned in the said former Act viz. 1 2 Ph. Mar. Cap. 13. § 5. N. 3. upon Pain as in the said former Act is mentioned for not certifying such Bonds as by the said former Act is limited and appointed to be certified Cap. 18. Where the King and Queens most Excellent Highness Coporation and their Noble Progenitors Kings of this Realm have heretofore granted their several Commissions directed as well unto the Mayors Recorders and other Grave Men and Inhabitants of certain Antient and Famous Cities and Towns-Corporate within this Realm of England not being Counties in themselves as also unto divers other worshipful and learned men dwelling out of the same Cities and Towns-Corporate as well for the keeping of their Peace good ordering of their People and executing of their Laws and Statutes within the same Cities and Towns-Corporate as also for the Delivery of their Majesties Prisoners remaining in the Goals there and after the granting of such Commissions their Majesties have granted divers other like Commissions unto certain worshipful and learned men of the Shires Laths Rapes Ridings and Wapentakes of this Realm of England for the Confirmation of their Peace and also delivering of their Prisoners remaining in their Goals within the same Shires Laths Rapes Ridings and Wapentakes § 1. N. 2. Which Commissions so bearing a later date Supersedeas have been a Supersedeas and clear Discharge unto all and singular the said former Commissions granted unto the said Cities and Towns-Corporate not being Counties in themselves § 1. N. 3. So that the said Mayor Commission and other grave and chiefest Officers of every such City and Town-Corporate have been charged to sue for the renewing again of such Commissions both for the Peace and Goal-delivery to the great Expences Cost and Charges of the said Mayor and other the Inhabitants of such Cities and Towns-Corporate and to the great protracting and delay of Iustice therein in the mean time for Reformation whereof and for the better Advancement of Iustice in the Premisses § 2. N. 1. Be it therefore Enacted Franchise c. that all and singular Commission and Commissions granted or to be granted to any such City or Town-Corporate not being as is aforesaid a County in it self for the keeping of their Peace and delivery of the Prisoners remaining in the Goals of any such City or Town-Corporate not being a County in it self shall stand remain and be Good and Available and Efectual in the Law to all Intents Constructions and Purposes the granting of any like Commission of the Peace or Goal-delivery to any Commissioner or Commissioners for the Conservation of the Peace or Delivery of the Prisoners remaining in the Goal of any Shire Lath Rape Riding or Wapentake within this Realm of England bearing date after the said Commission or Commissions granted as is aforesaid to any such City or Town-Corporate not being as is aforesaid a County in it self to the contrary notwithstanding C. 21. § 10. N. 2. Be it therefore Enacted Riot c. viz. because good and beneficial that all the said several Acts c. viz. 1 Mar. 1. St. 2. Cap. 12 c. and all Clauses c. shall be revived c. untill the last day of the next Parliament 4 5 Ph. Mar. Cap. 9. § 14. N. 2. 4 5 Ph. Mar. Cap. 2. § 8. N. 2. And be it further Enacted War c. that the Iustices of Peace
of every Shire shall have Power and Authority by vertue of this Act from time to time to make search and view of and for the said Furnitures of Horses Gueldings Armor and Weapons to be found maintained and kept by any person c having Lordships Mannors Houses Lands Meadows Pastors or Woods to the clear yearly value of two hundred pounds or under and not above the yearly value of four hundred pounds or to be found maintained or kept by any person chargeable c. by reason of his or their Goods Cattels Annuities Fees or Copy-holds c. 1 Jac. Cap. 25. § N. Justices And to hear and determine at their Quarter Sessions § 8. N 2 all and every the Defaults committed or done contrary to this Act. viz. of finding Horses or Armor within the County where such Session shall be kept by Inquisition Presentment Bill or Information before them exhibited or by Examination of two lawful Witnesses at the discretion of the same Iustices and to award Process thereupon as though they were indicted before them by the Verdict of twelve men or more War And be it furtheer Enacted C. 3. § 5. N. 1 c. that all Iustices of Assize in their Circuits and all Iustices of Peace within the limits of their Commission in their Assizes and Sessions and Stewards of Leets Law days and Liberties at their Leets and Law-days shall and may from time to time enquire hear and determine every of the said Offences viz. of Non-payment or Departure of Souldiers c. committed or done contrary to this Act within the Premises of their Commission Leet or Liberty Process And if any person c. shall be before the said Iustices of Assize § 5. N. 2. Iustices of Peace or any of them presented or indicted of any the Offences aforesaid viz. Non payment or Departure of Souldiers that then the said Iustices of Assize or Iustices of Peace before whom such Indictment or Presentment shall be taken or had shall c. award such Process against every such person c. as upon Indictments of Trespass is used and accustomed to be made Riot Be it therefore Enacted c. viz. because good and beneficial that all C. 9. § 14. N. 2. c. the said several Acts c. viz. 1 Mar. 1. St. 2. Cap. 12. c. and all Clauses c. shall be revived c. until the last day of the next Parliament 1 Eliz. 16. § 2. N. 2. Statuta Eliz. Drapery AND be it further Enacted c. that 1 Eliz. C. 12 § 2. N. 1. c. all Iustices of Peace in every County and Place of this Realm or three of them at the least whereof one to be of the Quorum shall have full Power and Authority to inquire hear and determine the Offences aforesaid viz. of Deceit in Linnen Cloath in their Sessions by Information Indictment or upon Traverse of any Presentment or Indictment found before the said Iustices or any of them Riot And forasmuch as the said Act and Statute C. 16. § 2. N. 1 viz. 1 Mar. 1. St. 2. Cap. 12 during all the time aforesaid hath been proved by Experience to be a very good and beneficial Law and meet to be continued and kept in force as well for the preservation of the Peace as also for the Common-wealth and Quietness of this Realm Peace Be it therefore Enacted § 2. N. 2. c. that the said Act and Statute viz. 1 Mar. 1. St. 2. Cap. 12. and every Branch Clause and Article therin contained shall stand remain continue and be in full force and strength to all intents and purposes for and during the Natural Life of the Queens most excellent Majesty that now is c. and to the end of the Parliament then next following Prerog And that the said Act and Statute § 2. N. 3 viz. 1 Mar. 1. St. 2. Cap. 12. and the Words and Sentences mentioned and contained in the said Act shall extend unto the Queens Highness that now is as fully and amply as ever the same did extend to the said late Queen Mary Fish And it is further Enacted c. that if the Offences C. 17. § 11. N. 1. c. touching the taking killing or destroying of Fish or Fry and Spawn be not presented at the Leet where they shall be committed within one year next after the Offence committed that the Iustices of Peace in their Sessions Iustices of Over and Terminer and Iustices of Assize in their several Circuits shall have full Power and Authority to inquire thereof and to hear and determine all the Offences committed contrary to the Tenor of this Statute Pope And it is also Enacted 5 Eliz. Cap. 1. § 3. N. 1. c. that as well Iustices of Assize in their Circuits as Iustices of Peace within the limits of their Commission and Authorities or two of every such Iustices of Peace at the least whereof one to be of the Quorum shall have full Power and Authority by vertue of this Act in their quarter and open Sessions to inquire of all Offences c. viz. Extolling the usurped Jurisdiction of Rome done contrary to the true meaning of the Premises in like manner and form as they may of other Offences against the Queens Peace § 3. N. 2. And shall certify every Presentment afore them or any of them had or made concerning the same or any part thereof Certificate before the Queen her Heirs and Successors in her or their Court commonly called the Kings Bench within forty days next after any such Presentment had or made if the Term be then open and if not at the first day of the full Term next following the said forty days § 3. N. 3. Vpon pain that every of the Iustices of Assize Forfeiture or Iustices of Peace before whom such Presentment shall be made making default of such Certificate contrary to this Statute to lose and forfeit for every such Default 100 l. to the Queen her Heirs and Successors C. 4. § 15. N. 1. And c. Be it Enacted Justices c. that the Iustices of Peace of every Shire Riding and Liberty within the limits of their several Commissions or the more part of them being then resiant within the same and the Sheriff of that County if he conveniently may and every Mayor c. within any City c. wherein if any Iustice of Peace within the limits of the said City c. shall c. yearly at every general Sessions first to be holden and kept after Easter or at some time convenient within six weeks next following every of the said Feasts of Easter assemble themselves together 39 Eliz. 12. § 2. N. 1. § 15. N. 2. And they so assembled Apprentice calling unto them such discreet and Grave persons of the said County City or Town-Corporate as they shall
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
shillings forfeit by carriage from Iron Mills between the first of May and the twelfth of October to be levyed after default of payment thereof viz. to Justice of Peace near adjoyning to Annoyance of way by such Iustice of Peace C. 19. § 3. N. 2. or assignee by way of distress of any of the Goods and Chattels remaining in the said County of such person as so should have paid such sums Drapery And c. it may be also Enacted that every Iustice of Peace C. 20. § 8. N. 1. Head-Constable or other the Overseers c. viz. of Northern Cloths shall have full Power c. to enter in or upon any the Messuages c. of any person c. to search for any such Tenters of what sort or kind soever or any manner of Ropes Rings Heads Wrinches or other Engines whatsoever whereby any falshood or deceit may be used in or about the stretching and straining of any the said Cloths Kerseys Dozens Frizes Cottons Pennistones Kighley Whites or any other Cloth by what name or names soever they be called or any of them Process And that the said Iustices of Peace in the Quarter Sessions § 10. N. ◠shall and may inquire hear and determine every Fault or Offence c. except the Offences c. made by the Iustices of Peace by Presentment Bill or Information and upon proof thereof made by two sufficient Witnesses openly given to the Iury and then to give Order for the Execution of this Statute 43 Eliz. C. 7. § 1. N. 2. Be it therefore Enacted c. that all and every such lewd person Trespass c. which c. shall cut or unlawfully take away any Corn or Grain growing or rob any Orchards or Gardens or break or cut any Hedges Pales Rails or Fence or dig or pull up or take up any Fruit-Tree or Trees in any Orchard Garden or elsewhere to the intent to take and carry the same away or shall cut or spoyl any Woods or Vnder-woods Poles or Trees standing not being Felony by the Laws of this Realm § 1. N. 3. And their Procuror and Procurors Accessary Receiver or Receivers knowing the same § 1. N. 4. Being thereof lawfully convicted by the Confession of the Party Proof or by the Testimony of one sufficient Witness upon Oath before some one Iustice of Peace Mayor c. of the County City or Town-Corporate § 1. N. 5. Which said Iustice or other Head-Officer Oath shall have Power by force of this Statute to minister the said Oath where the Offence shall be committed or the Party offending apprehended § 1. N. 6. Shall give the Party c. such recompence and satisfaction Damages c. as by any one Iustice of Peace c. shall be ordered and appointed and the same to be only for the first Fault § 1. N. 8. And for every such Offence c. Eftsoons committed the person Justices c. so offending to receive the said punishment of whipping viz. if the Justice think him unable to satisfie c. § 2. N. 1. And be it Eniacted Process c. that if any Constable or other inferior Officer do refuse or do not at the Commandment of any Iustice of Peace or other Head-Officer 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 Iustice of Peace to commit the Constable or other inferior Officer so refusing c to the Common Goal c. there to remain without Bail or Mainprize until the said Offender c. be by the said Constable c. punished and whipped c. § 3. N. 1. Provided always Justices that no Iustice of Peace or other Head-Officer do execute this Statute for any the Offences aforesaid done unto himself unless he be associated and assisted with one or more other Iustices of Peace whom the Offence doth not concern C. 13. § 4. N. 1 Be it c. Enacted Outlawry that every Clerk of the Peace within every of the said Counties viz. Cumberland Northumberland Westmerland and Durham shall within the space of two Months next after any Outlawry within any of the said Counties deliver or cause to be delivered by Writing under his Hand the Names of all and every such as are or shall be hereafter out-lawed within their several Counties to all and every the Sheriffs of the said several Counties § 6. N. 1. And be it further Enacted Coron that the Iustices of Assize within any of the said Counties Iustices of Goal-delivery Iustices of Oyer and Terminer or Iustices of Peace within any of the said Counties at any of their General Sessions shall have full Power and Authority by vertue of this Act to inquire hear and determine of the Offences and Defaults of the said Sheriffs Mayors Bailiffs Aldermen and other Officers and of the Clerks of the Peace within the said Counties viz. in proceeding against Robbers Felons c. and proceed against them by Information or Indictment and punish them by Fine Imprisonment or otherwise as they shall think fit Statuta Jac. Drapery AND that if the said Offence 1 Jac. 6. § 7. N. 2. c. of not paying so much or so great Wages to their said Workmen c. viz. Clothiers c. shall be confessed by the Offender or that the same shall be prooved by two sufficient and lawful Witnesses before the Iustices of Peace in their Quarter Sessions of the Peace the Iustices of Assize in their Sessions or before any two Iustices of Peace whereof one to be of the Quorum that then every such person shall forthwith stand and be in Law convicted thereof Justices Provided nevertheless and be it Enacted § 9. N. 1. c. that no Cothier being a Iustice of Peace in any Precinct or Liberty shall be any Rater of any Wages for any Weaver Tucker Spinster or any other Artizan that dependeth upon the making of Cloth Fees And in Case there be not above the number of two Iustices of Peace within such Precinct or Liberty but such as are Clothiers § 9. N. 2. that in such Case the same Wages shall be rated and assessed by the major part of the Common-Council of such Precinct or Liberty and such Iustice and Iustices of Peace if any there be as are not Clothiers Ale Viz. Inn-Keeper C. 9. § 2. N. 6. Ale-house Keeper or Victualler to forfeit Ten Shillings for suffering Tipling c. The same Offence being viewed and seen by any Mayor Bailiff or Iustices of Heace within their several Limits or prooved by the Oath of two Witnesses to be taken before any Mayor Bailiff or any other Head-Officer or any one or more c. 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 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
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
shall be troublesome unto the Country by going abroad or otherwise shall escape away from the said house of Correction before they shall be from thence lawfully delivered that then the said Iustices shall set down such Fines and Penalties upon the said Master and Governors as the most part of them in their Quarter Sessions shall think fit and convenient C. 6. § 6. N. 1. All and every Temporal Iudge Iustices of Peace Oath and every other person c. that doth or shall receive any Fee of your Highness your Heirs and Successors viz. shall take the Oath of Allegiance before the Lord Chancellor c. Lord Treasurer Lord Admiral Lord Warden of the five Ports for the time being or one of them or before one of the Chief Iustices c. or before the Iustices of Assize of the same County where the Parties reside or other such persons as the Lord Chancellor c. shall thereunto Authorize § 26. N. 2. And viz. it shall be lawful to and for any two Iustices of Peace within any County City or Town-Corporate whereof one to be of the Quorum Justices to require any person or persons of the Age of eighteen years or above under the degree of a Baron or Baroness to take the said Oath § 26. N. 4. And if any person or persons whatsoever of and above the said Age Pope and under the said Degree c. shall stand and be presented indicted or convicted for not coming to Church or receiving the Holy Communion c. according to the Laws and Statutes of this Realm before the Ordinary or any other having lawful Power to take such Presentment or Indictment or if the Minister Pety-Constable and Church-Wardens or any two of them shall at any time hereafter complain to any Iustice of Peace near adjoyning to the Place where any person complained of shall dwell and the said Iustice shall find cause of Suspition that then any one Iustice of Peace within whose Commission or Power such person shall at any time hereafter be or to whom Complaint shall be made as aforesaid shall upon notice thereof require such person or persons to take the said Oath Imprisonment And that if any person or persons being of the Age of eighteen years or above § 26. N. 5. shall refuse to take the said Oath duly tendered to him or her according to the true intent and meaning of this Statute that then the persons authorized by this Law to give the said Oath shall and may commit the said Offender to the Common Goal there to remain without Bail or Mainprize until the next Assizes or general Quarter Sessions to be holden for the said Shire Division Limit or Liberty where the said Oath shall be again in the said open Sessions required of such person by the said Iustices of Assize or Iustices of the Peace then and there present or the greater number of them Oath And if the said person § 26. N. 6. c. shall refuse to take the Oath being tendered to him or her by the said Iustices of Assize and Goal-delivery in their own Assizes or Goal-delivery or the Iustices of Peace or the greater part of them in their general or Quarter Sessions every person so refusing shall incur the Danger and Penalty of Premunire mentioned in a Statute c. viz. 16 Rich. 2. Cap. 5. § 2. N. 6. except Women Covert who shall be committed only to Prison there to remain without Bail or Mainprize till they will take the said Oath Drapery For the preventing and reformation c. viz. of Deceits C. 7. § 2. N. 1. c. be it Enacted c. that all c. who shall unjustly falsely or deceitfully convey away imbezil purloyn sell or detain any part of the Wool or Yarn delivered by any Clothier Maker of Bays Says or by any other person c. making such Cloths or Stuffs to any such Sorter Carder Kember Spinster or Weaver of Wool or Yarn that in every such Case and Cases as well the Sorter Carder Kember Spinster and Weaver so offending as the Buyer c. Receiver c. of the same knowing the same being thereof lawfully convicted by Confession of the Party c. so offending or by one sufficient Witness upon Oath before two or more of the Kings Majesties Iustices of the Peace of the same County or Liberty where the same Offence c. shall be committed or if it be within a Town-Corporate before the Mayor Bayliff or Chief-Officer and one more of the Aldermen or most substantial persons of the said Town Justices Who shall by force of this Act have full Power and Authority to minister the same Oath § 2. N. 2. and finally to hear and determine all and every the Offences aforesaid Damages Shall give and make to the Party c. grieved § 2. N. 3. such recompence and satisfaction for such their damage and loss as by the said Iustices or Chief-Officers shall be ordered and appointed Fowl For the preventing c. viz. of Destruction of Corn C. 11 § 2. N. 1. Partridge and Phesants c. be it Enacted c. that all c. which c. doth or shall hawk or destroy or kill any Phesant c. or Partridges with any kind of Hawk c. or Dogs by colour of hawking between the first day of July and the last day of August and the same Offence or Offences being proved by the Confession of the Party or by the Testimony of two sufficient Witnesses upon Oath before two or more Iustices of Peace of the said County City or Town-Corporate wherein the Offence shall be committed or the Party offending apprehended shall be by the said Iustices of the Peace for every such Offence committed to the Common-Goal of the said County City or Town-Corporate where the Offence shall be committed or the Parties apprehended Days Provided that no Offenders shall be impeached or punished by vertue of this Act § 4. N. 1. unless he or they be accused as delinquent before the said Iustices of Peace within six Months next after the said Offence c. committed or done Imprisonment Be it therefore further Enacted c. that all c. which c. shall take § 8. N. 1. kill or destroy any Phesant or Partridge with setting Dogs and Nets or otherwise with any manner of Nets Snares or Engines and the same Offence or Offences being proved by the Confession of the Party or by the Testimony of one sufficient Witness upon Oath before two or more Iustices of the Peace of the same County City or Town-Corporate wherein the Offence shall be committed or the Party offending apprehended shall be by the said Iustices of the Peace for every such Offence committed to the Common-Goal of the said County City or Town-Corporate where the said Offence shall be committed or the Party apprehended § 8.
N. 5. And further to become bound by Recognizance in the sum of twenty pounds to his Majesty his Heirs and Successors Recognizance with Condition that they the said Party so offending shall not at any time hereafter take kill or destroy any Phesant or Partridge § 8. N. 6. Which said Recognizance shall be taken by any one or more Iustices of the Peace of the said County Justices City or Town-Corporate where the said Offence shall be committed as aforesaid and shall be returned to the next Quarter Sessions and there to remain of Record as other Recognizances taken for the Peace § 9. N. 1. And be it further Enacted Constable that every Constable and Head-borough in every County City Town-Corporate and other Place where they shall be sworn Officers shall and may by vertue of this present Act bringing with them to that purpose a Lawful Warrant under the Hands of two Iustices of the Peace of the County City Liberties or Town-Corporate have full Power and Authority to enter into and search the house c. of any person c. other than such as by this present Act are allowed to take Phesants and Partridges with Nets as aforesaid being suspected to have any setting Dogs or Nets for the taking of Phesants and Partridges 21 Jac. Cap. 7. § 3. N 1. And be it further Enacted that any Iustice of Peace in any County Ale and any Iustice of Peace or other Head-Officer in any City or Town-Corporate within their Limits respectively shall from henceforth have Power and Authority upon his own view confession of the party or proof of one Witness upon Oath before him which he by vertue of this Act shall have Power to administer to convince any person of the Offence of Drunkenness whereby such person so convict shall incur the Forfeiture of five shillings for every such Offence and the same to be levyed or the Offender otherwise punished as in the said Statute is appointed § 3. N. 2. And for the second Offence Behavior he shall become bound to the Good-behavior as if he had been convicted in open Sessions any thing in the said former Statute c. viz. 4 Jac. Cap. 5. to the contrary notwithstanding Cap. 8. Whereas divers turbulent and contentious persons Peace some out of Malice and others in hope of Gain by way of Composition do oftentimes upon their Corporal-Oaths peremptorily and corruptly taken or otherwise upon false Suggestions and Surmises procure Process of the Peace or Good-behaviour out of his Majesties Courts of Chancery and Kings Bench against divers of his Majesties quiet Subjects whose dwellings and abodes are for the most part in Counties far distant and remote from the said Courts to their intolerable trouble and vexation whereas they might upon good cause shewed receive Iustice at the hands of the Iustices of Peace in the Counties where they dwell § 2. N. 1. For remedy whereof be it Enacted Process c. that all Process of the Peace or Good-behaviour after the end of this Session of Parliament to be granted or awarded out of the same Courts or either of them against any person or persons whatsoever at the Suit of or by the Prosecution of any person or persons whatsoever shall be void and of none effect unless such Process shall be so granted or awarded upon motion first made before the Iudge or Iudges of the same Courts respectively fitting in open Court and upon Declaration in Writing upon their Corporal Oaths to be then exhibited unto them by the said Parties which shall desire such Process of the Causes for which such Process shall be granted or awarded by or out of any of the said Courts respectively and unless that such motion and declaration be mentioned to be made upon the back of the Writ the said Writings there to be entred and remain of Record § 2. N. 2. And that if it shall afterwards appear unto the said Courts or either of them respectively Damages that the Causes expressed in such Writings or any of them be untrue that then the Iudge or Iudges of the said Courts or either of them respectively shall and may award such Costs and Damages unto the Parties grieved for their or any of their wrongful Vexations in that behalf as they shall think fit and that the Party or Parties so offending shall and may be committed to Prison by such Iudge or Iudges until he or they pay the said Costs and Damages Supersedeas And whereas divers turbulent and contentious persons deservedly fearing to be bound to the Peace or Good-behavior by the Iustices of Peace of the Counties where they dwell § 2. N. 3. do oftentimes procure themselves to be bound to the Peace or Good-behavior in the said Courts or one of them upon insufficient Sureties or upon colourable Prosecution of some person or persons who will be ready at all times to release them at their own pleasure whereupon his Majesties Writs of Supersedeas are oftentimes directed to the Iustices of Peace and other his Majesties Officers requiring them and every of them to forbear to arrest or imprison the Parties aforesaid for the Causes aforesaid by means whereof the said turbulent and contentious persons misdemean themselves amongst their Neigbours with Impunity to the great Offence and Disturbance of their Neighbours amongst whom they converse and live and to the affront of the Iustices of Peace and to the evil Example and Incouragement of like evil disposed persons Oath Be it further Enacted by the Authority aforesaid § 3. N. 1. that all Writs of Supersedeas after the end of this present Session of Parliament to be granted by or out of either of the Courts aforesaid shall be void and of none effect unless such Process be granted likewise upon motion in open Court first made as aforesaid and upon such sufficient Sureties as shall appear unto the Iudge or Iudges of the same Court respectively upon Oath to be assessed at five pound Lands or ten pounds in Goods in the Subsidy-book at the least Record Which Oaths and the Names of such Sureties § 3. N. 2. with the Places of their abode and where they stand so assessed in the Subsidy-books shall be entred and remain of Record in the same Courts Process And unless it shall also first appear unto the said Iudge or Iudges before whom such Supersedeas is desired § 3. N. 3. that the Process of the Peace or Good-behavior is prosecuted against him or them desiring such Supersedeas bona fide by some Party grieved in that Court out of which such Supersedeas is desired to be so awarded and directed Bail And whereas divers lewd and evil disposed persons commonly called Common-Bailers or Knights of the Post being base or beggarly persons § 4. N. 11 do oftentimes procure themselves to be assessed at high rates in the Subsidy-books and
sometimes do falsely take upon them the names of other men of good ability of purpose to enable themselves to be accepted for Bail which persons being of small or no ability or worth are ready for Lucre and Gain to become bound by Recognizance as Sureties for such persons as shall procure themselves to be bound to the Peace or Good-behavior as aforesaid by means whereof the Iudge or Iudges of the said Courts not knowing them may be easily abused and Iustice deluded Coron Be it therefore Enacted by the Authority aforesaid § 5. N. 1. that the Iudge or Iudges of the Courts aforesaid respectively or either of them upon proof of any the misdemeanors aforesaid to be committed in the obtaining of the aforesaid Writs of Supersedeas or procuring such Sureties as aforesaid shall and may likewise punish the false and insufficient Sureties and Bailers aforesaid and the Procurors thereof according to their discretions so as such Punishment extend not to the loss of Life or Member Indictment And whereas divers Bills of Indictments of Riot § 6. N. 1. forcible Entry or of Assault and Battery being found before the Iustices of Peace at the Quarter Sessions of the Peace or otherwise are oftentimes removed from the Counties where such Indictments are found by Writs of Certiorari unto them directed out of the said Courts by or by the means of the persons so indicted who well know that few or no persons grieved by such their Outrages and Misdemeanors whereof they stand so indicted will undergo the travail or charge of Prosecution of such Indictment so removed by bringing the Parties so indicted to tryal by means whereof such Offenders for the most part escape unprosecuted or unpunished and the King loseth the Fines which ought and should have been imposed upon them if such Iudgements had been prosecuted and not removed § 7. N. 1. Be it therefore Enacted Certiorari that all such Writs shall from and after the end of this present Session of Parliament be delivered at some Quarter Sessions of the Peace in open Court § 7. N. 2. And that the Parties indicted Bail shall before the allowance of such Certioraries become bound unto such person or persons which shall prosecute such Bills of Indictment against them in the sum of ten pounds with such sufficient Sureties as the Iustices of Peace at their Quarter Session of the Peace shall think fit with Condition to pay unto the said Prosecutors of such Bills of Indictment within one Month after the Conviction of such Parties indicted such reasonable Costs and Damages as the said Iustices of Peace of such Counties where such Bills of Indictment shall be found in the said Sessions of the Peace shall assess or allow § 7. N. 3. And that in Default thereof Certiorari it shall be lawful for the said Iustices to proceed to Tryal of such Indictments any such Writs of Certiorari to remove the same Indictments notwithstanding C. 12. § 4. N. 1. And whereas notwithstanding the said Statute viz. 7 Jac. Cap. 5. § 1. N. of Justice of Peace pleading the General Issue Justices and giving special matter in Evidence the Plaintiff is at liberty to lay his Action which he shall bring against any Iustice of Peace or other Officer in any Foreign County at his choice which hath proved very inconvenient unto sundry c. that have been impleaded by some contentious and troublesome persons in Counties far remote from their place of Habitations § 5. N. 1. Be it therefore Enacted c. that if any Action Bill Information Plaint or Suit upon the Case Trespass Battery or false Imprisonment shall be brought c. against any Iustice of Peace Mayor or Bailiff of City or Town-Corporate Head-borough Portreeve Tythingman Constable Collector of Subsidy or Fifteens Church-wardens and persons called Sworn-men executing the Office of Church-warden or Overseer of the Poor and their Deputies or any of them or any other which in their Aid and Assistance or by their Commandment shall do any thing touching or concerning his or their Office c. for or concerning any Matter Cause or Thing by them or any of them done by vertue or reason of their or any of their Office c that the said Action c. shall be laid within the County where the Trespass or Fact shall be done and committed and not elsewhere Cap. 15. Be it Enacted c. that such Iudges Force Iustices or Iustice of Peace as by reason of any Act c. viz. 5 Rich. 2. Cap. 7. 15 Rich. 2. Cap. 2. 8 H. 6. Cap. 9. 31 Eliz. 11. c. now in force are authorized and enabled upon Inquiry to give Restitution of Possession unto Tenants of any Estate of Free-hold of their Lands or Tenements which shall be entred upon with Force or from them witholden by force shall by reason of this present Act have the like and the same Authority and Ability from henceforth upon Indictment of such forcible Entries or forcible witholdings before them duely found to give like Restitution of Possession unto Tenants for term of years Tenants by Copy of Court-Roll Gardians by Knights Service Tenants by Elegit Statute-Merchant and Staple of Lands or Tenements by them so holden which shall be entred upon by force or holden from them by force C. 18. § 4. N. 3. It shall be lawful for any two or more Iustices of the Peace within the County or within the City Drapery Borough or Town-Corporate where such deceivable Cloth viz. with Flocks Thrums Noyles and Hairs c. shall be made or suspected to be made upon Information or Complaint of any of the said Overseers c. Searchers or any other of their Knowledge or Suspition of any such Offence to grant their Warrant to call before them any person or persons whatsoever that shall be thought in their discretions fit to discover any such Offence Proof And to examin upon Oath such person § 4. N. 4. c. for the tryal and better finding out of the Offence aforesaid and if upon Examinations it shall be found by Testimony of two Witnesses or more or by the Confession of the Party or Parties offending that any such Offence c. have been committed as aforesaid then the Party c. that shall so confess his or their said Offence c. or who shall be found to have offended shall remain convicted of such his Offence c. Certificate And that then it shall and may be lawful for the said two Iustices § 4. N. 5. to certifie such Offence c. unto the Church-wardens and Overseers for the time being of the Poor of the Parish c. where such deceivable Cloth c. shall be made under the Hands and Seals of the said Iustices Process And be it further Enacted § 5. N. 1. c. that immediately from and after such Certificate
shall be delivered to any of the Church-wardens and Overseers of the Poor of any Parish c. where such Offender c. shall dwell and Warrant by them viz. the two Justices made to the said Overseers and Church-wardens for the levying of the said Forfeiture it shall and may be lawful to and for the said Church-wardens and Overseers for the time being or any of them or for the Successor c. of them c. to levy the sum c. which by the said Certificate and Warrant shall appear to be forfeited by way of Distress and Sale c. Imprisonment And in defect of such Distress § 5. N. 2. it shall be lawful to and for the said two Iustices of Peace to commit the Party c. so certified to have offended to the Common-Goal there to remain without Bail or Mainprize until Payment shall be made of the said sum c. Pleading And that if any Action c. shall § 5. N. 3. c. hereafter happen to be brought or commenced against any person c. for taking of such Distress c. or for or about any matter or thing concerning the same that then it shall and may be lawful to and for every such person c. against whom such Action c. shall be brought c. to plead the General Issue and give in Evidence and to be allowed double costs in every respect and degree as by the Statute c. viz. 7 Jac. Cap. 5. is already Provided and Enacted Forfeitures And be it further Enacted § 12. N. 1. c. that all Penalties and Forfeitures for want of length breadth and weight of Cloth c. limited by any former Act now in force or by this present Act shall be distributed into three equal parts whereof one third part shall be unto the said Overseers and Searchers finding and certifying the said Default of length breadth and weight as aforesaid to be recovered by them at or in the General Quarter Sessions of the Peace to be holden for the County City or Town-Corporate where the Offence therein shall happen to be done or committed by Action of Debt Bill Plaint or Information wherein no Essoyn Protection Previledge or Wager of Law shall be allowed Bankrupts And be it further Enacted C. 19. § 7. N. 1. c. that if any Bankrupt shall upon his or her Examination or Examinations to be taken before the said Commissioners executing the said Commission be found fraudulently or deceitfully to have conveyed away his or her Goods Chattels Lands Tenements Offices Fees Rents or Annuities or other Estate or any part thereof to the value of twenty pounds or above to the end and purpose to hinder the Execution of this Statute or of any other the aforesaid Statutes viz. 13 Eliz. Cap. 7. 1 Jac. Cap. 15. c. or thereby to defraud delay or hinder his or her Creditors of the same and shall not upon his or her Examination discover unto the said Commissioners and if it lye in his or her Power deliver unto the said Commissioners all that Estate Goods and Chattels so fraudulently and deceitfully conveyed away as aforesaid or by him or her his or her means kept or detained from the said Commissioners or that cannot make it appear unto the said Commissioners that he or she hath sustained some casual loss whereby he or she is disabled to pay what he or she then owed shall or may be indicted for such fraud or abuse at the Assizes or General Sessions to be holden before the Iudges of Assize or Iustices of Peace of the County or Place where he or she shall become Bankrupt § 7. N. ◠Coron And if upon such Indictment or Indictments the Bankrupt be thereof convicted he or she so convicted shall be set upon the Pillory in some publick place for the space of two hours and have one of his or her Ears nailed to the Pillory and cut off C. 20. § 1. N. 2. And that if any c. shall c. offend herein Oath viz. in prophane swearing or cursing either in the hearing of any Iustice of Peace of the County or of any Mayor Iustice of Peace Bailiff or Head-Officer of any City or Town-Corporate where such Offence is or shall be committed or shall thereof be convicted by the Oaths of two Witnesses or by the Confession of the Party before any such Iustice of Peace c. where such Offence is or shall be committed to which end every Iustice of Peace and every such Head-Officer shall have Power by this Act to minister the same Oath that then every such Offender shall for every time so offending forfeit and pay to the use of the Poor of that Parish where the same Offence is or shall be committed the sum of twelve pence § 1. N. 3. And it shall also be lawful for the Constable Process Church-wardens and Overseers of the Poor of that Parish by Warrant from such Iustice of Peace or Head-Officer to levy the same c. by Distress and Sale c. § 1. N. 4. And in discharge of such Distress the Offender Infant if he or she be above the Age of twelve years shall by Warrant from such Iustice of the Peace or Head-Officer be set in the Stocks by three whole hours but if the Offender be under the Age of twelve years and shall not forthwith pay the said sum of twelve pence then he or she by Warrant of such Iustice of Peace or Head-Officer shall be whipped by the Constable or by the Parent or Master in his presence § 2. N. 1. And be it further Enacted Pleading that if any such Offender shall commence any Suit in Law against any Officer or other for such distraining Sale of Goods whipping or setting in the Stocks the Defendant c. may plead the general Issue and give the special Matter in Evidence c. and if it be found against the Plaintiff or that the Plaintiff be nonsuit the Defendant c. shall be allowed good costs to be taxed by the Court. § 3. N. 1. Provided nevertheless Days that every Offence against this Law shall be complained of and Proved as abovesaid within twenty days after the Offence committed C. 21. § 4. N 1. And be it further Enacted Corn. c. that if the Horse-bread which any of the said Hostlers or Inholders shall make be not sufficient lawful and of due Assize according to the Price of Grain and Corn as abovesaid or that if any of them shall offend in any thing contrary to this Act then the Iustices of Assize Iustices of Oyer and Terminer Iustices of the Peace in every Shire Liberty or Franchise within this Realm Sheriffs in their Turns and Stewards in their Leets and Law-days shall have full Power and Authority to inquire hear and determine the said Defaults and Offences of the said Hostlers and
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-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
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
Act it shall and may be lawful for the respective Iustices of Peace of the said respective Counties or the major part of them at any General Sessions of the Peace to be holden for the said Counties respectively on the behalf of the said Counties or either of them from time to time as they shall sée occasion to make an Order in open Court of Sessions for charging according to their several proportions all and every the several Inhabitants of the said respective Counties for the safeguard and securing of the said several Counties and Inhabitants thereof from all injury violence spoil and rapine of the Moss-Troopers aforesaid Taxes Provided that the said County of Northumberland be not by force of this Act at any time charged above the Sum of Five hundred pounds in the year § 3. N. 1. nor the said County of Cumberland charged above the Sum of Two hundred pounds in the year Justices And for this end and purpose the said several Iustices of the Peace of the respective Counties aforesaid N 2. are hereby Impowered and Authorized at their General Quarter Sessions aforesaid to appoint and imploy from time to time if occasion require any person or persons to have the Conduct and Command of a certain Number of men not exceeding the number of Thirty men in the County of Northumberland and Twelve in the County of Cumberland whereby the Malefactors aforesaid may be searched out discovered persued apprehended and brought to tryal of the Law Justices And all and every the said Iustices of the Peace of the respective Counties aforesaid or the major part of them N. 3. at any General Sessions of the Peace to be holden for the said Counties or either of them respectively are hereby further Impowered and Authorized by force of this present Act to make and issue forth their respective Warrants under their Hands for the levying and collecting any Sum or Sums of Money ordered to be paid for and towards the safeguard and securing of the said Counties respectively as aforesaid and to give full power to the several Constables and other Officers to Raise Levy and Collect the said money and all and every the Inhabitants of the said several Counties according to their respective proportionable Estates in Lands or Goods by Distress and Sale of Goods rendring the overplus if there be any to the respective Owner or Owners Peace And the said Iustices of Peace in the said several Counties N. 4. or any one of them respectively are hereby also Authorized to Examine any complaint made against the Collectors and Constables or any other Officers or Ministers of Iustice whatsoever or any of them or any other refractory person or persons whatsoever that at any time hereafter shall neglect refufe or fail to give obedience to this Act or shall do any act or acts in disturbance or obstruction thereof and to bind over such person or persons to the next Quarter-Sessions according to the known Laws of the Land to the end such person or persons may be procéeded withal according to Iustice § 4. N. 1. And the said respective Iustices of the Peace as aforesaid Account are hereby further impowered and authorized on behalf of the said several Counties respectively to appoint a Treasurer to receive from the said Collectors the Monies by them Collected and to pay over the same according to the Orders they shall receive from the said Iustices at their General Sessions of the Peace to be holden for the said respective Counties N. 2. And the said Iustices are also impowered to agree and article with such person or persons yearly as they shall think fit to Imploy in the said Service Justices and to take sufficient security of them for the faithful and most effectual performance thereof for the best safeguard advantage and benefit of the People according to the true intent and meaning of this Act. § 5. N. 1. And in case any person or persons shall in pursuance of this Act be imployed in the border Service and shall at any time hereafter wilfully and corruptly War or for any sinister respect whatsoever neglect or forbear to discover or apprehend or to bring to Tryal any of the said persons called Moss-Troopers as aforesaid and shall be Convicted thereof according to Law he or they shall from thenceforth be disabled and made uncapable for ever after to manage or take upon him or them the said Imployment and to suffer such Fine and Imprisonment according to the Quality of his or their Offence as the Iustices of Peace at their General Sessions shall think fit to inflict § 6. N. 1. Provided nevertheless and be it hereby declared Taxes that it shall be lawful for the Iustices of Peace of either of the said Counties as aforesaid respectively at any time hereafter to moderate or lessen the said Charge if they sée cause § 7. N. 1. Provided that this Act shall continue and be in force for Five years Dayes and no longer 18. Car. 2. 3. § 1. N. 2. § 8. N. 1. Provided alwayes and be it further Enacted Scotland c. That for better suppression and punishment of the said Moss-Troopers flying out of England into Scotland or out of Scotland into England the Statutes made in the several Sessions of Parliament in the Fourth and Seventh years of King James viz. 4 Jac. 1. 7 Jac. 1. shall be renewed and put in execution according to the true Intent C. 26 § 6. N. 4. All and every of which said Offences viz. want of weight and mark of Vessels and ill salting and packing of Butter are to be inquired of sued for Victual heard and determined in the Sessions of Peace for the County City Borough Town or Liberty or in the Court of Record of the City Borough Town or Liberty wherein such Offence shall be Committed by Action of Debt Indictment Information or Presentment wherein no Essoin Protection or wager of Law shall be allowed to the Defendant C. 28. § 5. N. 1. And be it further Enacted c. that if any Idle or Suspitious person Fish c. shall in the night assemble and flock together about the Boats Wells or Cellars belonging to any Pilchard Coast upon any the Coasts of Cornwal or Devon having no business there to do and being warned by the Company or Owner of such Boats or Cellars to be gone that then upon complaint made to any one Iustice of the Peace every such person or persons refusing so to do shall pay Five shillings to the Poor of the Parish where such Offence was committed or shall be set in the Stocks for the space of five hours C. 32. § 2. N. 1. For prevention of all which abuses Drapery and deceits viz. in broad Wollen Cloth It is Enacted c. that c. there be and shall be a Corporation to continue forever within
Artists viz. Gagers Measures c. shall be appointed c. which c. shall take an Oath which Oath any one Iustice hath hereby power to administer to take and compute the Iust Contents and Gage of all Coppers Fatts Tuns Backs and Corters and all other Brewing Vessels of that nature c. § 8. N. 1. And be it further Enacted that no Commissioner Farmer or sub-Commissioner for the Excise or Common Brewer of Ale or Beer to sell Justice or Inn-keeper whatsoever shall c. have power to act in or execute as a Iustice of Peace any of the Powers Clauses or things contained in any of the Laws made for and concerning the Excise or in this present Act and if any c. shall presume to act or Execute any thing contrary hereunto it is hereby further declared that all such things so acted or executed by any of them are and shall be utterly void and null to all intents and purposes §. 15. N. 1. And be it further Enacted c. that c. no Person or Persons shall be permitted to Sell of Retail any Coffée Chocolet Sherbet or Tea License without License first obtained and had by order of the General Sessions of the Peace in the several respective Counties Certificate being first shewed that they have given good Security for the due payment of their dues to the King or the Chief Magistrate of the Place in whose Iurisdiction he or they do or shall Inhabit or Dwell for the selling or retailing of the same § 16. N. 3. All and every of which said respective Offences viz. of Bribery of Gagers or other Officers of Excise shall be proved by the Oaths of two Lawful and Credible Witnesses before two Iustices of the Peace or chief Magistrate of the Place where such Offence shall be Committed Proof which said Iustices or Magistrates respectively have hereby power to administer the said Oaths and also to examine adjudge and determine the same and to cause such Penalties by Warrants under their Hands and Seals to be levied by Distress and Sale of the Offenders goods rendring to the Party the overplus and for want of such Distress to commit every such Offender to the Common Goal of such County or Place there to remain by the space of thrée months without Bail or Mainprise § 19. N. 1. Provided also and be it further Enacted Error c. That no appeal in any Cause of Excise whatsoever shall be admitted until the party appellant shall have first deposited and laid down the single duty of Excise in the Hands of the Commissioners Farmers or sub-Commissioners of Excise within whose Iurisdiction or Division the said Cause was originally heard and determined and have given Security to the Commissioners of the appeal or Iustice of Peace respectively where such Cause is to be finally adjudged for all such Fine Forfeiture and Penalty as upon such hearing and determination was adjudged against him N. 2. And that if upon the hearing and determining of any such appeal Costs the said original Iudgment shall happen to be reversed and made null then and in every such Case the said Commissioners Farmers or Sub-Commissioners of Excise in whose hands the said single duty of Excise was deposited shall restore and deliver back the same or as much thereof as shall be adjudged by the Commissioners of Appeals or Iustices of the Peace respectively to the said appellant and the Party originally prosecuted shall pay him the double Costs Lieu. Provided also and be it Enacted That all Differences § 22. N. 1. Appeals and Complaints that shall happen and arise betwéen party and party in order to the payment of the duty of Excise shall be heard and determined in the proper County or in the several Ridings and Divisions of York-shire and Lincoln-shire where they shall arise and not elsewhere Justices And be it further Enacted § 24. N. 1. c. That the Iustices of the Peace or any two or more of them or Chief Magistrates in the several Counties Cities Divisions and Places within England and Wales respectively shall meet once in every month in there respective Divisions or oftner if their shall be occasion to hear and determine and to adjudge all matters and offences against this or the aforesaid Acts viz. 12 Car. 2. Cap. 23. 24. Taxes Be it therefore Enacted C. 13. § 1. N. 2. c. viz. against obstructions of 13. 14. Car. 2. 10. That the Iustices of Peace of the respective Counties Corporations Places and Limits within their respective Iurisdictions at the next Sessions to be held after the Feast of St. Michael the Archangel next ensuing or the major part of them then present shall Issue out Warrants under their Hands and Seals to the respective High Constables or other like next Officer who shall Issue the like Warrants unto the petty Constables Headboroughs and Tythingmen requiring them on the next Sunday after Morning Service ended to give publick notice in the Church or Chappel Generally to all the Inhabitants and also to give notice publickly in the Church and particularly as aforesaid to every Inhabitant within their respective Precincts that shall then be occupier of any House Edifice Lodging or Chamber that within ten dayes next after such notice he give a true and just Account in writing under his Hand of all Hearths and Stoves in such respective House Edifice Lodging and Chamber to such respective Constable Headborough and Tythingman Certificate Which viz. the Account of Hearths taken and received by Petty Constable N. 5. Headborough and Tythingman being so received by such respective High Constable or other like Officer as aforesaid and compared together shall within six dayes after such receipt be transmitted to the two next respective Iustices of the Peace who are hereby Impowered to examine the said respective High Constable or other like Officer as aforesaid Petty-Constable Headborough or Tything-man upon Oath concerning the truth and faithfulness of their Actings in the Premisses which being done the said Iustices shall within ten dayes after such Examination sign and transmit the said Book and Roll together with the said original Accounts so endorsed as aforesaid and filed together unto the respective Clerk of the Peace who shall within Twenty dayes next after the receipt thereof engross the said Book or Roll in Parchment to be still kept in the respective County and Places aforesaid and shall also within two months engross in Parchment a true Duplicate of the said Book or Roll which being signed by him and by two Iustices of the Peace at least of the respective County and Places aforesaid shall be transmitted within one month after such Engrossment into his Majesties Court of Exchequer Alien And all Forreigners that shall really and bona fide set up and use any of the Trades and Manufactures aforesaid viz. Weaving C. 15. § 3. N. 1.
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
want of Distress to be inflicted as in and by the said former Act viz. 16. 17. Car. 2. 19. § 3. N. 1. is directed by the Warrant or Order of any one or more of his Majesties Iustices of Peace within the County City or place where such Offence shall be Committed which said Iustices respectively are hereby required and enabled to sée this Statute duely Executed Forfeiture Viz. if Mayor or Head Officer knowingly permit Sale by false Measures § 3. N. 4. or reform not on Complaint c. then he or they so offending for every such Offence upon due Proof and Conviction thereof by Presentment or Indictment before the Iustices of Peace of the County where such Offence shall be Committed at the General Sessions c. held for the same shall forfeit the Sum of Five pounds Wayes And every Constable or Surveyer of the High-wayes refusing or neglecting to put the said Acts viz. heretofore made in Execution C. 12. § 1. N. 3. or wilfully fuffering any Waggons or Carts to pass through his respective Limits with any more Horses or other Cattle or in other manner then by this Act is allowed shall upon Complaint thereof made to any Iustice of the Peace of the Place or Division where such neglect shall be proved to be done by the Oath of any one Credible Witness which Oath such Iustice is hereby Impowered to Administer or upon view of the Iustice himself be thereof Convicted Amercement And shall incur such Fine as the same Iustice shall think fit to Impose on such Officer not excéeding the Sum of xl s. for any one Offence N. 4. the same Fine to be Levied by the High Constable of such Place or Division or any other Officer by Warrant under the Hand and Seal of such Iustice of the Peace upon the Goods and Chattels of the Person so offending rendring the overplus to the owner thereof all necessary Charges in Levying the same being first deducted to be Imployed for the Amending of the High-wayes of the Parish or Place where such neglect shall be found as the said Iustice or Iustices shall appoint for the doing thereof § 2. N. 2. And that the Iustices of Peace in their open Sessions shall and may enquire by such wayes and means as they think fitting Justices into the value of all such Lands so given or to be given and order the Improvement and Imployment of the Rents and profits thereof according to the Will and direction of the Donor of such Lands if they find that the Persons so intrusted have béen negligent or faulty in the performance of their Trust except such Lands as have béen given to the uses aforesaid to any Colledge or Hall in either of the Vniversities of this Kingdom which have visitors of their own any Law c. notwithstanding § 3. N. 3. And in Case he viz. the rescuer or resister c. do not pay the said Sum viz. xl s. within seven dayes after notice of such Conviction Forfeiture that it shall and may be lawful for any Iustice of the Peace where any such opposition or rescue shall be made to Commit such Person c. to the Common Goal of the County where such Offence shall be Committed there to remain until the said Forfeiture shall be paid to the Surveyor c. of the Highwayes for that Parish where the Offence was Committed c. § 5. N. 2. And that where any Ground shall lye at the end of any of the said Streets or Lanes Wayes or any other place of which there may be a dispute who ought to Pave or Amend the same that in such Cases the Iustices of Peace for the said Places respectively shall have hereby full power and authority in their Quarter-Sessions to order and determine the same which order c. shall be binding to all Persons whatsoever therein concerned any Law c. notwithstanding § 9. N. 1. Provided also and it is further Enacted c. That if any Person Forfeiture c. shall fail or make default to make their respective dayes labour in every year for and towards the Repairing of the Highwayes or neglect to send their respective Carriages Horses and Carts according as by Law they are respectively required it shall and may be Lawful for the Surveyor c. of every Parish and they are hereby required to make Complaint thereof to the next Iustices of the Peace who are hereby authorized and required upon proof of any such default or neglect made before them by the Oath of one Credible Witness which Oath they are hereby Impowered to Administer to Levy by Distress and Sale of the Goods of every Person failing or neglecting as aforesaid and not having a reasonable Excuse to be allowed by the said Iustices the several Penalties hereafter mentioned c. § 10. N. 1. And be it further Enacted c. That where the Iustices of the Peace of any County City or other Place Taxes or the major part of them at their General-Quarter-Sessions shall be fully satisfied that the Common Highways Causeys or Bridges within any Parish Township or Hamlet within their respective Iurisdiction may not or will not be sufficiently Amended Repaired and Supported by means of the Laws now in force without the help of this present Act in all such Cases one or more Assessment c. upon all and every the Inhabitants Owners and Occupiers of Lands Houses Tenements and Hereditaments or any personal Estate usually ratable to the Poor within any such Parish Township or Hamlet shall be made Levied Collected and Allowed by such Person c. and in such manner as the said Iustices by their order at such Sessions shall direct and appoint in that behalf § 12. N. 3. And the said Surveyors and Orderers viz. of Highwayes shall make return of the Defaulters and every of them Certificate within one Month after every default made to some neighbouring Iustice of the Peace of the same County and the said Iustice shall present the same at the Quarter-Sessions of the Peace-held next after such return made unto him § 13. N. 2. Therefore viz. Because of great Rivers in Cheshire and Lancashire Be it further Enacted c. That for Ten years next following and no longer Sewers the respective Iustices of the Peace within the said respective Counties shall upon the Presentment of the Grand Iury at their respective and General Quarter-Sessions have Power and Authority by Order or Warrant under the Hands and Seals of all or the major part of the said Iustices being six at the least then Present to cause to be Erected and Builded any new Bridge or Bridges in such Place c. in any of the said Highwayes over any of the said Rivers within their respective Iurisdictions as they shall Iudge fit and necessary and so declare by such Order as aforesaid and likewise to repair or rebuild
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
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
therefore Enacted c. That Justices c. all Iustices of the Peace within their several Limits and Iurisdictions shall and do a month before every General Quarter-Sessions to be holden for their respective Counties Issue forth their Warrants to all High-Constables petty-Constables and Tythingmen within their several Limits thereby requiring the said High-Constables petty-Constables and Tythingmen and every of them to make diligent Search and Inquisition what Tobacco is then Sown Set Planted Growing Curing Cured or made within their several and respective Limits and Iurisdictions and by whom and to make a true and Lawful Presentment in writing upon Oath at the next General Quarter-Sessions to be holden for such County of the Names of all such Persons as have Sowen Set Planted Cured or made any Tobacco and what the full Quantity of Land is or was Sown Set or Planted therewith and who are the Immediate Tenant or Tenants or present Occupiers of the Land so Sown Set or Planted who are and shall be déemed Planters thereof to all Intents and purposes Husbandry Which said Presentment upon Oath shall be received and filed by the Clerk of the Peace of the said County in open Sessions § 3. N. 1 and after such receipt and filing shall be a sufficient Conviction in Law to all Intents and purposes of all such Persons as shall be so presented for the Sowing Setting Planting Improving to Grow making or Curing Tobacco either in Séed Plant Leaf or otherwise contrary to the said recited Acts viz. 12 Car. 2. 34. 15 Car. 2. 7. § 18. or either of them unless such Person or Persons so presented having notice given to him or them of such Presentment made by the delivery of a Copy of such Presentment to him or them or by leaving a Copy of such Presentment at his or their dwelling House or Houses or usual place of abode in the presence of one or more Credible Witnesses Ten dayes at the least before the next Quarter-Sessions shall at the Quarter-Sessions next after such notice shall be given to him or them Traverse such Presentment and find sufficient Sureties for the prosecuting and trying such Traverse at the Quarter-Sessions to be holden for the said County next after such Traverse shall be entred or made Process And it is hereby further Enacted That all Constables Tythingmen § 4. N. 1. Bayliffs and other publick Officers shall and do within their respective Iurisdictions from time to time as often as occasion shall require within Fourtéen dayes after Warrant from two or more of the Iustices of the Peace within such County Town City or Place to them calling to their Assistance such Person and Persons as they and every of them shall find convenient and necessary pluck up Burn Consume Tear in pieces and utterly destroy all Tobacco Seed Plant Leaf Planted Sowed or Growing in any Field Earth or Ground Forfeiture And if any such Tobacco shall be suffered or permitted to Grow or be unconsumed in Séed Plant or Leaf in any Township Tything Parish § 5. N. 1. Hamlet or place by the space of Fourteen dayes after the receipt of such Warrant or Warrants by the said Constables Tythingmen Bayliffs or other publick Officers of the respective Townships Tythings Parishes or Hamlets as aforesaid that then such Constables Tythingmen Bayliffs or other publick Officers respectively shall for every such Offence forfeit and pay the Sum of Five shillings for every Rod Pearch or Pole of Ground so Set Planted or Sowed with Tobacco and so proportionably for a greater or lesser Quantity of Ground one moiety thereof to the Kings Majesty and the other moiety thereof to him or them that shall sue for the same to be recovered by Action of Debt Bill Plaint or Information in any of his Majesties Courts of Record at Westminster Process And it is hereby further Enacted That in Case any c. shall refuse or neglect to Aid or Assist being thereunto required any Constable Bayliff § 6. N. 1. or other publick Officer in the due Execution of this Act that every such person c. for every such Offence upon Conviction thereof made before two of the Iustices of the said County where such Offence shall be Committed shall forfeit and pay the Sum of Five shillings to be Levied by Warrant from the said Iustices by Distress and Sale of the Offenders Goods and in Case no Distress can be found then every such Offender shall be Committed to the Common Goal of the said County there to remain for the space of One wéek without Bail or Mainprise Process And if any person c. whatsoever shall forceably resist any Constable § 7. N. 1. Baliff or other publick Officer or other person c. whatsoever in the due Execution of this Act That then every such person for every such Offence upon Conviction thereof made before two Iustices of the Peace of the said County where such Offence shall be Committed shall forfeit and pay the Sum of Five pounds to be Levied by Warrant from the said Iustices by Distress and Sale of the Offenders Goods and in Case no Distress can be found then every such Offender shall be Committed to the Common Goal of the said County there to remain for the space of Thrée months without Bail or Mainprise Pleading And be it further Enacted c. That if any Action Plaint § 8. N. 1. Suit or Information shall be Commenced or Prosecuted against any c. for what he or they shall do in Pursuance or Execution of this Act or either of the recited Acts viz. 12 Car. 2. 34. 15 Car. 2. 7. § 18. such Person c. so Sued in any Court whatsoever shall or may plead the General Issue Not Guilty and upon any Issue joyned may give this Act and the said recited Acts or either of them and the special matter in Evidence N. 2. And if the Plaintiff or Prosecutor shall become Nonsuit or forbear further prosecution or suffer Discontinuance or if a Verdict shall pass against him Costs the Defendant c. shall recover their Costs for which they shall have the like remedy as in Case where Costs are given by Law to the Defendants Statuta 25 Car. 2. 25. Car. 2. 2. § 2. N. 2. ANd that all and every such Person c. viz. Officer or Patentee under the King c. to be admitted after the first day of Easter Term Patents c. viz. 1673. not having taken the said Oaths viz. of Supremacy and Allegiance in the said Courts aforesaid viz. B. R. or Chancery shall at the Quarter-Sessions for that County or place where he or they shall reside next after such his Admittance c. into any of the said respective Offices or Imployments aforesaid take the said several and respective Oaths as aforesaid Statuta 29 Car. 2. 29. Car. 2. 7. § 2. N. 2. ANd that no person c.
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
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
supra Justices XXXIV Cromp. 124. § 24. The Justices may hold Sessions annually between Michaelmas and Christmas and between the Feast of the Annuntiation and St. John Baptist to inquire of the Branches of the Statute of Labourers and of the good execution thereof and punish the Offenders by 5 Eliz. 4. § 37. N. 1. Lamb. 593. 594. 609. supra Process XXXV Cromp. 149. b. A Justice of the Peace of the County or within a City or Vill Corporate may Award all the Writs of Capias that are necessary to any Sheriff or chief Officers of places or other Counties from whom a Servant or Apprentice of Husbandry or any Arts Sciences or Occupation mentioned in 5. Eliz. 4. is unlawfully departed is returnable before themselves when they please and upon their appearance they may commit them until they find sureties well and honestly to serve their Masters from whom they departed as appears by the Statute 5 Eliz. 4. § 47. N. 1. Lamb. 517. supra see 2 H. 5. 4. Cromp. 185. b. Bail XXXVI Crompt 154. b. The Servant that departs out of the Service of his Master against the Statute 5 Eliz. 4. nor he that refuseth to serve for the Wages limited nor who promiseth to serve and doth not serve according to the said Statute nor Artificers nor Labourers or c. that depart before the Work they undertook to do be finished unless for Lawful cause nor he that is Committed because he gave or received Wages against the Statute shall not be Bailed Justices XXXVII Crompt 168. The Justices of Peace or the greater number of them shall assemble yearly at Easter Sessions and there rate the Wages of Servants c. for that year and certifie it into the Chancery before the 12 of July next after on pain of 10 l. every Justice that is negligent in doing thereof according to the Statute 5 Eliz. 4. § 15. 1. Lamb. 609. supra XXXVIII Crompt 175. b. § 3. A Parson Vicar or Curate shall make a Testimonial to Servants that depart from their Masters and shall have two pence only for making thereof and for Registring thereof 5 Eliz. 4. § 39. N. 2. Lamb. 504. Action XXXIX Cromp. 184. Justices of Peace may Award execution to the informer or to him that will sue by Action of Debt or Bill of complaint for the Moity of forfiture by the Statute of Labourers made 5 Eliz. 4. § 39. N. 2. Lamb. 504. XL. Cromp. 185. By these Cases of F. N. B. 169. 168. 38. H. 6. 14. Trades Labourers 19. 44. 56. 14. Com. 259 c. It appears what the Law was before the making of the Statute of 5 Eliz. 4. whereby another Law is given for the Retainer Departure c. of Servants Retained in Husbandry and for Apprentice and others XLI Cromp. 185. b. Process The Justice of Peace may Award Writs of Capias in any County to take Servants where c. who flee into other Counties from their own Masters to bring before them at such time as they will Assign Cromp. 149. b. Lamb. 517. supra XLII Cromp. 185. b. Nota Imprison If any Serving-man depart without cause from his Master he shall be Imprison for 23 Ed. 3. 2. § N. as to the departure of Servants is general 38 H. 6. Labourers 9. but 5. Eliz. 4. § 11. N. 1. extends not to such Servingmen but to Servants in Husbandry c. Dalt 81. XLIII Crompt 184. b. 189. b. He is no Apprentice if he be not retain Deeds by Indenture and by the name of an Apprentice expresly Hill 3 H. 8. Rot. 379. Dalt cap. 40. and cap. 31. pag. 81. XLIV Dalt 78. cap. 31. Process Also it seemeth that if the first Justice of Peace to whom complaint was made viz ' on 5 Eliz. 4. § 5. N. 5. shall find the default to be in the Apprentice that then the said Justice of Peace may send him to the House of Correction as an idle or disorderly person by the Statute 7 Jac. 4. and needeth not to trouble the Sessions with him yet quere Dalt 359. XLV Dalt 78. ibid ' Any one Justice of Peace may allow of the cause of putting away of a Servant or of the departure of a Servant within his Term Justices But otherwise of an Apperntice for an Apprentice cannot be discharged but by four Justices of Peace at the least and in open Sessions as aforesaid or else by the agreement of the Master and the Apprentice and under his Masters hand in Writing And yet one that is retained as an Apprentice may be seised by his Lord as a Warde by reason the Lords Title is more antient Crom ' 259. Laboures 143. Br. 27. 30. XLVI Dalt 78. ibid ' And yet one Justice of Peace as it seemeth may make his Warrant to attach a Servant or Apprentice Process departed out of Service or refusing to serve to be before the Justices at their Sessions there to answer their defaults Dalton 259. 360. cap. 121. and it seemeth that any one Justice of Peace may send such idle or disorderly Servants to the House of Correction and that by the Statute of 7. Jac. 4. § 8. N. 3. Dalton 385. cag XLVII Dalt 80. cap. 31. The Reason of this Law viz ' 5 Eliz. 4. § 27. Corporat N. 2. seemeth to be for that such as be to be bound Apprentices in Corporate Towns c. If their Parents be of Competent Livelihood then their Master shall not only be the better secured c. but such Apprentices also in likelihood shall have better means to set up their Trades after their time expired and concerning such whose Parents have not 40 s per Annum they are fitter to be bound Apprentice to Husbandry c. in the Country Lamb. 360. Crompt 200. b. XLVIII Dalt 80. cap 31. But concerning this Certificate Certificate on 5 Eliz. 4. sect 27. N 2 it seemeth not much in use at this day neither is this Certificate so of the substance of the matter or so material that for want thereof the Indenture for Binding of such an Apprentice shall be void For the Justice of Peace cannot be compelled to Certifie c. But if the Parent have 50. s per Annum it sufficeth And so were the opinions of Sir Humfrey Winch and Sir William Jones in the Court of K. B. Pasch 21 Jac But Sir Henry Hobard Lord Chief Justice of the K. B. Trades did not then deliver his opinion therein directly yet he seemeth to me to hold that the Parents of such an Apprentice ought to have 40 s per Annum and also ought to procure such a Certificate from the Justice of Peace Trades XLIX Dalt 80. cap. 31. By the Common-Law no man may be prohibited to Work in any Lawful Trade for the Law abhoreth Idleness 11. Co. 53. b. Trades L. Dalt 80. cap. 31. A Woman cannot be restrained to use the Trade of
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
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
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-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
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.
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
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
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
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
make their said Account within eight days then the Bishop of the Diocess or Ordinary shall have Authority by Virtue of this Act to compel the said person or persons by Censures of the Church to make their said Accounts before such persons as the said Bishop or Ordinary shall appoint Charity CCXXIV. 5 6 Ed. 6. 2. § 5. N. 1. And be it further Enacted c. that if any person or persons being able to further the charitable Work do obstinately and frowardly refuse to give towards the help of the Poor or do wilfully discourage others from so charitable a deed the Parson Vicar or Curate and Church-wardens of the Parish where he dwelleth shall gently exhort him or them towards the releif of the Poor Ordinary CCXXV. 5 6 Ed. 6. 2. § 5. N. 2. And if he or they will not so be perswaded then upon the Certificate of the Parson Vicar or Curate of the Parish to the Bishop of the Diocess the same Bishop shall send for him or them to induce and perswade him or them by Charitable waies and means and so according to his discretion to take order for the reformation thereof 5 Eliz. 3. § 7. N. 3. CCXXVI 5 6 Ed. 6. 2. § 6. N. 1. And for the better maintenance of this Charitable work ordained Abbe c. that whereas the late King of Famous Memory King Henry the eighth by his several Erections and foundations hath ordained and appointed any summ or summs of Mony to the use of the poor not being taken away otherwise by Act of Parliament whether the same be in any Cathedral-Church Colledge or elsewhere the Bishop of the Dioces for the time being shall from time to time Examine how and after what manner the mony is bestowed and to call to account the Parties which retain the said mony so that it may appear the same is distributed to the Poor according to the Kings Majesties foundation CCXXVII 5 6 Ed. 6. 2. § 9. N. 1. Provided always and be it further Enacted c. that this present Act nor any thing therein contained Franchis shall extend or be prejudical unto the Mayor Sheriffs and Citizens of the City of Chester for or concerning any gift or Grant of any Annuity or yearly rent heretofore made given or granted by the Kings Majesty that now is unto the said Mayor Sheriffs and Citizens of the said City going out of any Manners Lands Tenements and Hereditaments of the Cathedral-Church of Christ and our Lady within the City of Chester but that the same Mayor Sheriffs and Citizens shall and may from henceforth receive use and imploy the same Annuities yearly rents and profits to such uses and intents and according to the said gift of our said Soveraign Lord the King any thing in this act to the contrary notwithstanding CCXXVII 5 6 Ed. 6. 2. § 7. N. 2. This Act to endure to the end of the first Session of the next Parliament Continuance 7 Ed. 6. 11. § 11. N. 4. CCXXIX 5 6 Ed. 6. 21. Forasmuch as it is evident that Tinkers Trades Pedlers and such like Vagrant persons are more hurtful than necessary to the Common wealth of this Realm 1 Jac. 25. § 47. N. 2. 14 Eliz. 5. § 5. N. 5. CCXXX 5 6 Ed. 6. 21. § 1. N. 2. Be it Enacted c. that License c. no person or persons commonly called Pedler Tinker or petty Chapman shall wander and go from one Town to another or from place to place out of the Town Parish or Village where such persons shall dwell and sell pins points laces gloves knives glasses tapes or any such kind of wares whatsoever or gather cunny-skins or such like thing or use or exercise the trade or occupation of a Tinker but only such persons c. as shall be thereunto Licensed 1 Jac. 25. § 42. N. 1. CCXXXI 5 6 Ed. 6. 21. § 1. N. 3. And that in such Circuit or compass as shall be to him or them Assigned by two Justices of Peace Justices or more of the Shire where he or they shall dwell by writing under their hands and seals CCXXXII 5 6 Ed. 6. 21. § 1. N. 4. Upon pain that every person Justices which shall offend contrary to the meaning of this Act shall by any Justice of the Shire where the same offence shall be committed upon complaint and due proof had by witness or otherwise be imprisoned by the space of fourteen days at the least CCXXXIII 2 3 Ph. Mar. 5. § 2. N. 1. Be it Enacted Continuance c. that the Statute c. viz. 22 H. 8. 12. and also the Statute c. viz. 3 4 Ed. 6. 16. concerning Beggers Vagabonds and Idle persons and every Article Clause Branch Sentence and other things contained in them and in either of them other than such things as shall be by this present Act otherwise ordained and provided for shall stand remain and be in their full force and effect and shall also from henceforth justly and truly be put in Execution according to the true meaning of the said several Statutes and either of them Records CCXXXIV 2 3 Ph. Mar. 5. § 3. N. 1. And further be it Enacted c. that yearly on some one Holyday in the Christmas in every City Borough and Town-Corporate the Mayor Bailiffs and other Head-Officers for the time being and in every other Parish of the County the Parson Vicar or Curate and the Church-wardens having in a Register or book as well all the Names of the Inhabitants and Householders and 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 or with their own labor shall openly in the Church and quietly after Divine service call the said Householders and Inhabitants together 5 6 Ed. 6. 2. § 2. N. 1. Certificate CCXXXV 2 3 Ph. Mar. 5. § 7. N. 1. And be it further Enacted c. if it shall chance any Parish to have in it more Poor and Impotent folks not able to labor than the said Parish is able to relieve that then in every such not standing in any City or Town-Corporate the Mayor or Chief-Officers of the same City or Town-Corporate calling to them two or three of the Chief Parishioners of the same Parish such as the said Mayor or Head-Officer shall think meet shall certifie unto the Justices of Peace of the County where the same Parish is the Number and Names of the persons with which they be surcharged License CCXXXVI 2 3 Ph. Mar. 5. § 7. N. 2. And upon such Certificate the said Justices of Peace in the same County or two of them whereof one to be of the Quorum shall consider and Examine the said Certificate and finding the same true shall then grant unto such and
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
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
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-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
of this our Warrant hereof fail you not at your perils Given under our Hands and Seals at c. Fresh suit DVII Dalt 358. cap. 121. A Warrant for a General Search for Rogues 7 Jac. 4. To the High-Constables of the Hundred of c. Cambridge THese are in His Majesties Name to charge and Command you that you together with the Pety Constables of the several Towns Parishes and Hamlets within your Hundred taking sufficient assistance out of the said Towns do make a general privy search within every of the said several Towns Parishes and Hamlets upon the _____ day of c. at night next coming for the finding out and apprehending all Rogues Vagabonds and wandring and Idle persons in or about your said several Towns Parishes or Hamlets and that such as shall be found and apprehended you do cause them to be brought before us the next day unto L. by nine of the Clock there to be by us dealt withal according to the late Statute in that behalf provided at which time and place we further require you together with the said Pety Constables to appear before us and there to give an account and reckoning upon Oath in writing and under the hands of the Minister of every several Parish within your Hundred what Rogues Vagabonds wandring and disordered persons have been there apprehended as well in the same search as also since the last assembly and meeting that made was for that purpose being upon or about the _____ day of c. last past and hereof fail you not c. Process DVIII. Dalt 358. cap. 121. Note that all Rogues which shall be brought before the Justices upon such search after Examination of their idle life taken by the Justices are either to be whipped by the Constables of the Town where the Justices sit as it seemeth or else from thence are to be sent to the House of Correction and to be conveyed thither by the Constables that brought them and yet at the charge of the Hundred which services imposed on the Constables are some cause of their neglect of this service and therefore I have set down another course and Precedent perhaps no less serviceable which also may be performed and done every month or every meeting of the Justices if need shall so require or if the Justices can not or shall not meet yet it seemeth such Warrant may be granted out by any one Justice of the Peace as followeth Fresh suit DIX Dalt 358. 359. cap. 121. Another Warrant for a general search To c. Cambridge THese are in the Kings Majesties Name to Charge and Command you that you together with the Pety Constables of the several Towns Parishes and Hamlets within your Hundred taking sufficient assistance out of the said Towns do make a general privy search within every of the said several Towns Parishes and Hamlets upon the _____ day of c. at night next coming for the finding out and apprehending of all Rogues Vagabonds and wandring and idle persons in or about your said several Towns and that such as shall be found and apprehended you do cause them to be punished in every several Town or Parish where they shall be so apprehended by the Pety Constables of every several Parish respectively and by them also further to be conveyed according to the Statute and if any of the said Rogues shall appear to be dangerous or Incorrigible that then you cause such to be brought before me or any other of His Majesties Justices of Peace of this division to be further dealt withal according to the Statute in such cases provided Dated c. DX Dalt 380. cap. 124. A Testimonial or Pasport for a Poor man to Travail Licence Canterbur SIr R. M. and Sir J. R. Knights two of the Kings Majesties Justices of Peace within the said County to all Justices of Peace Mayors Bailiffs Constables and all other his Majesties Officers and Ministers whatsoever sendeth greeting c. Forasmuch as the bearer hereof E. P. because of c. hath desired our Testimonial or Licence for his safer travail unto the City of B. where c. in consideration whereof know ye we the said Sir R. M. and Sir J. R. so far as in us lieth to have Licenced the said E. P. to travail and pass the direct way from H. within the said County of C. wherein he lately dwelled unto the said City of B. so as his Journy be not of longer or further continuance than twenty days next after the date hereof praying you and every of you not to molest or trouble the said Poor man in his travail but to permit and suffer him peaceably to pass so as he shew himself in no respect offensive to his Majesties laws In witness c. DXI. Dalt 381. cap. 124. A Testimonial for such as have suffered Ship-wrack Licence Norf. A. B. of C. in the County of Norfolk Esq one of the Kings Majesties Justices c. to all c. Forasmuch as the bearer hereof is aged about c. having lately been at Sea in a ship called c. and hath suffered Shipwrack and got to land at Y. in the said County of Norfolk upon the _____ day of c. last past as I am credibly informed as well by the report of the said I. S. as also by the testimony of divers the Inhabitants of Y. aforesaid and for that the said I. S. hath not wherewith to relieve himself in his Travail homewards to D. in the County of H. where he saith he was born or hath a dwelling c. These are therefore to pray you and every of you to whom these presents shall come not to molest or trouble the said I. S. in his travail to D. aforesaid where he is limited to be within c. days next after the date hereof but desiring you rather to relieve him in his necessity as you shall seem meet and withal you the Constables of every Town where he shall come to help him with lodging in convenient time so that he Travaileth the direct way to D. aforesaid not doing any thing contrary to the Laws and Statutes of this Realm In witness c. DXII. Kilborns Precedents 115. 214. Imprisonment A Warrant for apprehending and committing a dangerous Rogue 7 Jac. 4. To the Constables c. of the Hundred of A. and to the Keeper of the House of Correction for the County aforesaid Kent ss FOrasmuch as A. B. a Rogue Vagabond idle or disorderly person c. was found and apprehended at C. in the Hundred and County aforesaid in a general privy search by our Command made according to the form of the Statute in that case made and provided and brought before us this present day at our assembly at T. in the County aforesaid We do therefore in His Majesties Name Command you the Constables c. that you some or one of you do at the charge of the said Hundred convey the
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.
the Party take it it will be safest for the two Justices to make such Certificate to the next General or Quarter-Sessions as is appointed 3 Iac. 4. § 13. N. 5. and for the Clerk of the Peace or Town-Clerk to Record it Oath XC The Laws c. 251. Abr. 268. Shall refuse to take the said Oath duly tendred to him or her 7 Iac. 6. § 26. N. 5. If the Persons Authorized to tender this Oath ask the Party whether he will take it and he saith he will not Quaere whether this be such a tender and refusal as shall make the Refuser liable to be imprisoned and proceeded against by force of this Act unless he or they who tender it have in readiness both the form of the Oath and the Book to swear on for it is to be presumed that the Act intends all requisite Circumstances ready to enable the one to minister and the other to take the Oath And 't is held by some That before there can be any such refusal of this Oath as is here intended it ought to be read or offered to be read to the Party especially if he be Illiterate or if he be not yet that at least it ought to be offered to him for himself to read it for perhaps the Party never saw or heard it And in such Case it would be against Reason that the refusal should be Penal And therefore in 9 Iac. upon the tender of this Oath at Serjeants Inn in Fleetstreet it was read by order of the Judges there XCI The Laws c. 251. Abr. 269. To the Common Goal 7 Iac. 6. § 26. N. 5. The Justices of the Court of B. R. have used to tender this Oath in Court as Justices of Peace of Middlesex and upon refusal the Party is to be Committed to the Prison of the Marshalsey which is the ordinary Prison of that Court until the next Sessions 2 Bulstrode 155. Dyer 297. XCII The Laws c. 258. 259. Or of Oyer and terminer Justices 3 Car. 1. Chap. 2. 3. § 3. N. 1. Justices of Peace cannot take an Indictment upon this Statute for no Inferior Court shall take Authority by any Statute unless it be specially named Savile 135. pl. 212. Agard and Candish And although Justices of Peace have in their Commission § 14. an express Clause ad audiend terminend ' and by that are Justices of Oyerand Terminer yet forasmuch as there is a Commission of Oyer and Terminer known distinctly by that name and the Commission of Peace is known distinctly by another name they shall not be included under the general words of Justices of Oyer and Terminer as was adjudged 3 Cr. 87. Hill 30 Eliz. B. R. in Smiths Case who was indicted at the Sessions of the Peace in the County of Oxford on 5 Eliz. 14 of forging Deeds which impowers Justices of Oyer and Terminer to enquire of hear and determine that offence and yet the Indictment before the Justices of Peace was quasht as taken Coram non Judice 9 Co. 118. 3 Inst 103. 3 Cr. 601. Wilsons case and 3 Cr. 697. Hunts Case See Justices XCIII Lambert 2. cap. 7. pag. 194. 195. Justices If any Person to whom any Agnus Dei Cross Picture Bead or such superstitious thing from the See of Rome or the Authority thereof shall be offered or delivered do disclose the Name and dwelling or Place of resort of such offerer or deliverer to any Justice of the Peace of that Shire where he to whom such offer or delivery is shall be resiant then the Justice must within 14. days next after declare the same to some one of the Kings Privy Counsel 13 Eliz. 2. § 8. N. 1. Supra Crompt 14 b. 15 a. 168 b. XCIV Lambert 225. Coron Receiving of Jesuits or Seminary Priests contrary to 27 Eliz. 2. § 4. N. 1. Supra and the refusal of Seditious Sectaries and of Popish Recusants to abjure the Realm and their return after abjuration made against 35 Eliz. 1. § 3. N. 1. 35 Eliz. 2. § 10. N. 1. are Felonies against the Body of the Commonwealth XCV Lambert 293. 294. Any one Justice of Peace of that Limit Religion Division or Liberty where the party dwelleth upon proof by Confession of the Party or Oath of Witness may call before him the Party offending in not repairing every Sunday to some Church c. according to 1 Eliz. 2. § 14. N. 1. And if he or she cannot make a sufficient excuse thereof the same Justice may give his Warrant to the Church-warden of the Parish whereby the offender dwelleth to distrain for 12d for every such default and for want of distress to imprison the Offender untill payment be made 3 Jac. 4. § 27. N. 2. XCVI Lambert 294. Before some Justice of Peace of the County Oath Liberty or Limit where the Parents of a Child sent beyond the Seas against this Act 3 Iac. 5. § 16. N. 1. did dwell such Child shall take the Oath expressed 3 Iac. 4. § 15. N. 1. And they that were beyond Seas before the making of this Act are to take the same Oath within six Months after their return being of Eighteen years of Age or more before some Justice of Peace where such Person inhabiteth or remaineth before they can take benefit of any gift Conveyance c. of any Lands Tenements c. 3. Iac. 5. § 17. N. 2. XCVII Lambert 294. Lieu. Popish Recusants indicted or Convicted and other Persons which have not repaired to some usual Church or Chappel and there heard Divine Service by the space of three Months last past dwelling or which shall dwell in any County within ten Miles of the City of London shall depart from thence according to 3 Iac. 5. § 3. N. 1. and deliver up his or her name to the next Justice of Peace in the same County upon pain of forfeiture of C l. Supra Submission XCVIIII Lambert 333. Any two Justices of Peace of the County where any of his Majesties 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 Arive 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 set forth by 27 Eliz. 2. § 5. N. 1. Infra Religion XCIX Lambert 197. If any Person above sixteen years of Age do by the space of Twelve Months forbear to repair to some Church Chappel or usual place of Common Prayer contrary to the tenor of 1 Eliz. 2. § 14. N. 1. then any Justice of Peace of the County where such offender shall dwell or be may make Certificate thereof in Writing in B. R. to the end that the offender may thereupon be bound in CC l.
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
Recordare and Removal see Certiorati Regrator see Market overt Relation see Days Release see Peace Recognizance Religious Houses see Abbe Religion Church Divine Service Preachers Encumbent Pope Quakers Common Prayer Sacraments Sabbath I. LAmbert 118. Recognizance Moreover it seemeth to me that all these Statutes 1 Mar. 1. St. 2. cap. 3. § 4. N. 3. which gave this Surety of good Abearing against such as disturbed a Preacher c. have this one meaning that a Party so bound may afterwards forfeit his Recognizance if he Eftsoons offend against the said Statutes II. Lambert 195. Church If any Offender contrary to the Statute 1 Mar. 1. St. 2 cap. 3. § 5. N. 2. provided against the Disturber of any Preacher shall be Arrested and brought before a Justice of Peace then he upon due Accusation thereupon to be had by the said Arrester or other Person shall forthwith Commit the party so taken to safe Custody by his Discretion 2. But enquire if 1 Mar. 1. St. 2. cap 3. § 5. N. 2. be not repealed by 1 Eliz. 2. § 27. N. 1. in general words Lambert 411. and Crompt 14. III. Crompt 14. Ecclesiastical Persons Enquiry at Sessions upon 1 Mar. 1. St. 2. cap. 3. § 2. N. 1. If any Voluntarily and of purpose by overt act word or deed malitiously or contemptuously hath molested or troubled or by any other unlawful ways or means disquieted or misused any Preacher lawfully Authorized or other Person Charged by Reason of his Spiritual Promotion or Charge in any his overt Sermon Preaching or Collation in any Church Chappel Church-yard or other place used or to be appointed every such Offender in the Premisses his Aiders Procurers and Abettors shall be committed to the Goal by three Months without Bail or Mainprise and shall remain there from thence untill the next Quarter-Sessions to be held within the same County City or c. at which Sessions upon his Reconciliation and Repentance in this behalf before the Justices at the said Sessions he shall be delivered and shall be bound to his good behaviour for a year and if he will not he shall remain there untill he will Dalt 192. cap. 41. 2. This Statute 1 Mar. 1. St. 2. cap. 3. § 2. N. 1. As to the said matter is not repealed as it seemeth for the Statute containeth divers several matters and so is as Divers Statutes as Com. 65. as it seemeth Lambert 411. Quaere infra IV. Dalt 102. cap. 41 And yet Sir Nicholas Hide at Bury Lent-Assises 1629. delivered it as I am credibly informed that 1 Mar. 1. St. 2. cap. 3. was wholly repealed by 1 Eliz. 2. § 27. N. 1. Process V. Lambert 333. 334. Within six days after Accusation had that any Person hath disturbed a Preacher and after his Committing to safe Custody by one Justice of the Peace one other Justice of the Shire must joyn 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. ask of the Continuance of this Statute Slander VI. Lambert 411. 412. Enquiry at Sessions if any person have within these three Months by contemptuous or reviling words or have advisedly in any otherwise depraved despised or reviled the blessed Sacrament of the Body and Blood of Christ 1 Ed. 6. 1. § 1. N. 6. revived 1 Eliz. 1. § 14. N. 1. Crompt 12. Justices VII Lambert 361. It seemeth that three such Justices viz. Quorum unus 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. § 1. N. 7. But enquire of this matter Dalt 133. 134. cap. 49. Sessions VIII Crompt 124. The Justice of Peace shall enquire at every of their general Quarter-Sessions of those that speak irreverendly of the Sacrament of the Body and Blood of our Lord Jesus Christ 1 Ed. 6. 1. § 1. Process IX Lambert 516. Some other Statutes there be also that have extended the Authority of the Justices of Peace in sending Process beyond the Bounds of their own Commission for by 1 Ed. 6. 1. § 3. N. 1. three Justices of the Peace the one being of the Quorum may make Process against such as be thereupon Indicted for depraving the Sacrament by two Writs of Capias and the Exigent and by Capias Vtlagatum into any place within the Kings Dominions Church X. Lambert 197. Enquiry at Sessions if any Person above sixteen years of Age do by the space of twelve Months forbear to repair to some Church Chappel or usual Place of common Prayer contrary to the tenor of 1 Eliz. 2. § 14. N. 1. then any Justice of Peace of the County where such Offender shall dwell or be may make Certificate thereof in writing in B. R. to the end that the Offender may thereupon be bound in CC l. at the least with sufficient Sureties to the Good-behaviour for that his so long obstinacy besides the other penalties 23 Eliz. 1. § 5. N. 2. Crompt 13 b. Encumbent XI Lambert 412. 413. Enquiry at Sessions if any Person Vicar or Minister have refused to use the Common Prayers or to Minister the Sacraments according to the Book of Common Prayers 1 Eliz. 2. § 4. N. 1. Crompt 130 a. infra 2. Or wilfully standing in the same have used any other form in open Prayers or in Administration of the Sacraments or have spoken any thing in derogation of the said Book or any part thereof 1 Eliz. 2. § 4. N. 2. 3. Crompt 12 b. 13 a. 3. Or if any Person have in any Play Song or Rhime Slander or by any open word spoken in derogation of the said Book or of any thing therein contained or have caused or maintained any Parson Vicar or Minister to say any Common Prayer or to Minister any Sacrament in any other manner than after the said Book 1 Eliz. 2. § 9. N. 1. Crompt 13 a. 4. Or have interrupted any Parson Vicar or Minister to say open Prayer or to Administer any Sacrament according to the same Book 1 Eliz. 2. § 9. N. 3. 5. If any Person being above sixteen years of Age and not having lawful and reasonable Excuse to be absent have not repaired and resorted unto his or her Parish Church or Chappel accustomed or upon let thereof to some usual Place where Common Prayer is to be used upon every Sunday and other Holy-day and have not there orderly and soberly abiden during the time of such Common Prayer Preaching or other Service of God and how long such Person