of their worke in grosse with such labourers and Artificers when please them so that they performe such workes well and lawfully according to the bargaine or Covenant with them thereof made Anno 34. Ed. 3. cap. 9. 15. Of Labourers and Artificers that absent them out of their services in other Townes or another County the party shall have the suit before the Iustices and that the Sheriffe take him at the first day as is contained in the statute if he be found and doe of him execution as afore is said and if he returne that he is not found he shall have an Exigent at the first day and the same pursue till he be outlawed and after the Outlarie a writ of the same Iustices shall be sent to every Sheriffe of Ireland that the party will sue to take him and to send him to the Sheriffe of the County where he is outlawed and when he shall be there brought he shall have there imprisonment till he will justifie himselfe and have made gree to the party and neverthelesse for the falsitie he shall be burnt in the forehead with an Iron made and formed to this letter F. in token of falsitie if the party grieved the same will sue but this burning is not to be executed unlesse it be by the advice of the Iustices and the Iron shall abide in the custody of the Sheriffe And that the Sheriffe and some Bailiffe of the Franchise be attending to the plaintiffe to put this ordinance in execution upon paine aforesaid and that no labourer servant nor Artificer shall take no manner of wages the festivall dayes Anno 34. Ed. 3. ca. 10. 16. If any labourer servant or Artificer absent himselfe in any City or Burrough and the party plainetiffe come to the Mayor and Bailiffes and require delivery of his servant they shall make him delivery without delay and if they refuse to doe the same the party shall have his suit against the Mayors and Bailiffes before the Iustices of Labourers which the Iustices of peace by their Commission now are and if they be thereof attainted they shall pay to the King 10. l. and to the party 100. s. Anno 34. Ed. 3. cap. 11. 17. The statutes and ordinances made of labourers and Artificers be holden and kept and duely executed and thereupon Commission shall be made to the Iustices of peace in every County to heare and determine the points of the said statutes and to award damages at the suit of the party according to the quantitie of his Trespasse Anno 42. Ed. 3. cap. 6. 18. All the statutes of Artificers Labourers Servants and Victualers made aswell in the time of our Soveraigne Lord the King that now is as in the time of his noble grandfather whom God assoile not repealed shall be firmely holden and kept and duely executed and that the said Artificers Labourers Servants and Victualers be duely justified by the Iustices of peace aswell at the suit of the King as of the party according as the said Statutes require and that the Mayors Bailiffes and Stewards of Lords and Constables of Townes doe duely their offices touching such Artificers Servants Labourers and Victualers and that a paire of Stocks be in every Towne to justifie the same Servants and Labourers as is ordained in the said statutes And moreover it is ordained and assented that no Servant nor Labourer be he man or woman shall depart at the end of his Terme out of the hundred Rape or Weapontake where he is dwelling to serve or dwell elsewhere or by colour to goe from thence in pilgrimage unlesse he bring a letter patent containing the cause of his going and the time of his Terme if he ought to returne under the Kings Seale which for this intent shall be assigned and delivered to the keeping of some good man of the hundred Rape Wapentake City or Borrough after the discretion of the Iustices of peace to be kept and lawfully to make such letters when it needeth and not in any other manner by his owne Oath and that about the same Seale shall be written the name of the County and overtwhart the said Seale the name of the hundred Rape or Wapentake City or Borrough and also if any Servant or Labourer be found in any City or Borrough or elsewhere comming from any place wandring without such letter he shall be forthwith taken by the said Mayors Bailiffes Stewards or Constables and put in the Stocks and kept till he hath found surety to returne to his service or to serve or labour in the Towne from whence he came till he have such letter to depart for a reasonable cause and it is to be remembred that a Servant or Labourer may freely depart out of his service at the end of his Terme and to serve in another place so that he be in a certainty with whom and shall have such a letter as before but the meaning of this ordinance is not that any Servants which shall ride or goe in the businesse of their Lords or Masters shall be comprised within the same ordinance for the time of the same businesse and if any beare such letter which may be found forged or false he shall have imprisonment of Forty dayes for the falsity and further till he hath found surety to returne or serve to labour as is aforesaid and that none receive Servant or Labourer going out of their hundred Rape or Wapentake City or Borrough without letter Testimoniall nor with letter Testimoniall above one night except it be for cause of sicknesse or other cause reasonable or which will and may serve and labour thereby the fame Testimoniall upon a paine to be limitted by the Iustice of peace that aswell Artificers and people of mistery as servants and apprentices which be of no great avoyer and of which craft or mistery a man hath no great need in harvest time shall be compelled to serve in harvest to cut gather and bring in Corne and that these statutes be duly executed by Mayors Bailiffes Stewards and Constables of Townes upon paine limitted and judged by the said Iustices of peace in their Sessions and that no man take above a peny for the making Sealing and delivering of such letter Anno 12. Ric. 2. cap. 2. 19. That the ordinances aforesaid of Servants and Labourers Beggers and Vagabonds shall hold place and be executed aswell in Cities and Borroughes as in other Counties and places within the Realme aswell within the Franchises as without and that the Sheriffes Mayors Bailiffes and keepers of the Gaoles shall be holden and charged to receive the said Servants Labourers Beggers Vagabonds and to keepe them in prison in the forme aforesaid without letting to mainprise or to baile and without Fee or any other thing taking of them by themselfe or by any other as long as they be so imprisoned or at their going forth upon paine to pay an hundred shillings to our soveraigne Lord the King Anno 12. R. 2.
shall seeme by their discretions to be necessary convenient for the speedy amendment erecting and making of such Bridges Causeys and Toghers every or any of them And where in many parts of this Realme it cannot be knowne and proved what County Barony Citty Burrough Towne or parish nor what person certaine or body politique ought of right to make or repaire such Bridges Causeys or Toghers by reason wherof such Bridges Causeys Toghers for lacke of knowledge of such as ought to make or repaire them for the most part lye without making or repairing to the great annoyance of the Kings subjects It is further enacted that in every such case the said Bridges Causeys and Toghers if they be without Citty or Towne corporate shall be made by the Inhabitants of the Shire or Barony within the which the said Bridges Causeys and Toghers shal happen to be in decay or thought fit to be newly erected or made And if within any City or Towne corporate which is a County of it selfe then by the Inhabitants of every such City or Town corporate wherein such Bridges Causeys Toghers or any of them happen to be in decay or thought fit to be newly erected made and if within a Towne corporate which is no County then by the County or Barony wherein such Bridges Causeys or Toghers shall happen to be or thought fit to be newly erected and if part of any such Bridges Causeys and Toghers or any of them happen to be in one County and the other part thereof in another County that then in every such case the Inhabitants of both the said Counties shall be charged and chargeable to amend make and repaire such part and portion of such Bridges Causeys Toghers or any of them as shall lie and be within the limits of the Shire wherein they be inhabiting and dwelling 8. And it is further enacted that in every such case the said Iustices of Assise in their Circuits and the said Iustices of the peace in the Quarter Sessions respectively with the assent of the Grand Iury shall have power and authority to taxe and set every Inhabitant in any such County Barony Citty Burrough Towne or parish within the limits of their Commissions and authorities to such reasonable aide and summe of money as they shall thinke by ther discretions convenient and sufficient for the new building repairing re-edifying and amendment of such Bridges Causeys and Toghers and after such taxations made the Iustices of Assize and Iustices of peace respectively shall cause the names and summes of every particular person so by them taxed to be written in a Rolle indented and shall also have power and authority to make two Collectors of every Barony Citty Burrough Towne or Parish for collection of all such summes of money by them set and taxed with Collectors receiving the one part of the said Rolle indented under the seales of the said Iustices shall have power and authority to collect and receive all the particular summes of money therein contained and to distraine every such Inhabitants as shall be taxed and refuse payment thereof in his lands goods and Chattells and to sell such distresse and of the sale thereof retaine and perceive all the money taxed and the residue if the distresse be better to deliver to the owner thereof And that the same Iustices of Assize and Iustices of the peace respectively within the limits of their Commissions and authorities shall also have power and authority to name and appoint two Surveyors which shall see every such Bridge Causey and Togher builded repaired and amended from time to time as often as need shall require to whose hands the said Collectors shall pay the said summes of money taxed and by them received And that the Collectors and Surveyors and every of them and their Executors and administrators and the Executors and administrators of them and every of them from time to time shall at the publique Sessions of the peace make a true declaration and accompt to the Iustices of peace of the Shire Citty or Towne corporate wherein they shall be appointed Collectors or Surveyors of the receipts payments and expences of the said summes of money And if they or any of them refuse that to doe that then the Iustices of the peace from time to time by their discretions shall have power and authority to make processe against the said Collectors and Surveyors and every of them their Executors and administrators and the Executors and administrators of every of them by Attachments under their seales returneable at the generall Sessions of the peace And if they appeare then to compell them to accompt as is aforesaid or else if they or any of them refuse that to doe then to commit such of them as shall refuse toward there to remaine without baile or mainprise till the said declaration and accompt be truely made 9. And lastly it is enacted by the said statute that the Iustices of Assize and Iustices of the peace respectively shall have full power and authority to allow such reasonable costs and charges to the said Surveyors and Collectors as by their discretions shall be thought convenient 10. Now concerning high-wayes although by the ancient common Law every Country ought to maintaine and repaire wayes and passages betweene Market Townes yet for the better performance thereof diverse ancient statutes have beene made viz. the statute of Winchester in the time of E. 1. whereby it is ordained that the wayes should be so inlarged that no bushes should be within 200. foote and the statute of 11. Iacobi ca. 7. 11. Iacobi ca. 7. in Ireland whereby it is ordained that Constables and Churchwardens of every Parish within this Realme shall yearely upon the Tuesday and wednesday in Easter weeke call together a number of the parishioners and shal then elect and choose two honest persons of the parish to be Surveyors and orderers of the works for the amendment of the high wayes Cashes and paces in their parish leading to any market Towne the which persons have authority by vertue of that Act to order and direct the persons and carriages that shall be appointed for those workes by their discretions and the said persons so named shall take upon them the execucution of their said offices upon paine every of them making default to forfeit ten pounds 11. And the said Constables and Churchwardens shall also then name and appoint sixe dayes for the amendment and clearing of the said high-wayes cashes and paces in the said severall parishes before the feast of Saint Iohn Baptist then next following and shall openly in the Church the next Sunday after Easter give notice of the same sixe dayes and upon the said dayes the parishioners shall endeavor themselves to the amendment and cleering of the said wayes cashes and paces and shall be chargeable thereunto as followeth that is to say all and every person or persons for every plow land in tillage or
Iustices of peace only or some of them that were present at the enquiry Co. 9. 11â— and when the indictment was found they only have power to make restitution except the Iustices of the Kings Bench who have a supreame authority in all cases of the Crowne 33. And therefore if the record sc the presentment of such force shall be certified by the Iustice of peace into the Kings Bench Or that the same prefentment or indictment shall be removed thither by Certiorari there the Iustice of the Kings Bench may award a writ of Restitution to the Sheriffe of the same County to restore possession to the party so expelled 34. After it shall be found by such Enquiry P.R. 14. b. that such forceible entrie or deteiner is made the Iustice of peace may breake open the house by force to reseise the same and to put the party so put out in possession againe And so may the Sheriffe doe having the Iustice warrant 35. The forme of such warrant from the Iustice of peace to the Sheriffe to make restitution you may see in the Title of warrants and presidents 36. But the Iustice of peace may not in any wise make restitution without such inquiry first had and such force thereby found And if the Iustice shall make restitution without inquiry it seemeth to be punishable in the Starchamber 37. Also this restitution ought to be made to none but to him only that was put out so that if the Father be put out by force and dyeth after inquiry and before restitution his heire shall not have restitution 38. Also such restitution must be made only where a man is put out or holden out c. of house or land and is not to be understood of a Rent Common Advowson or such like 39. Also the Iustice may make restitution notwithstanding any offer of Traverse but yet upon Traverse tendred the safest way for the Iustice of peace seemeth to be for him to deliver or certifie the presentment into the Kings Bench and so to referre the further proceedings therein to them 40. And although these statutes doe inflict no penaltie upon the Iustice of peace if they shall not execute these statutes yet if upon complaint or other notice to them given of such force they shall not at least remove the force record it and commit the offendors they are punishable in the Starchamber 41. Although the Iustice of peace ought to commit to the gaole and may fine all such as he shall see continuing the force at his comming to the place yet upon a force found by the inquiry only and not viewed and seene by the Iustice he may neither fine nor send to the gaole the said offendors by the statute of 8. H. 6. which appointeth the inquiry for the Iustice hath power by the said statute to make restitution only as saith Master Lambert Cromp. 161. b. yet Master Crompton holdeth the contrary But howsoever the Iust of P. is to remove the offendors that be present that so he may restore the other and may bind the offendors to their good behaviour and if the offendors be gone yet the Iustice may make his warrant to take the offendors and may after send them to the Gaole untill they have found sureties for their good behaviour 13. H. 4. ca. 7. 42. Note that if such forceible Entrie or detainer shall be made by three persons Cromp. 68. b. or moe then is it also a Riot and then if there be no former enquiry thereof made the two next Iustices of peace upon notice ought to inquire thereof as of a Riot by a Iury within one moneth upon paine to either of them making default to forfeite 100. l. Defaults of Sheriffes 43. Also one Iustice of peace may as it semmeth heare and determine the defaults of Sheriffes and Bailiffes in not returning sufficient Iurors whereof every one shall have lands 8. H. 6. 9. P. Iust 89. Rast 174. c. c. to the value of Forty shillings by the yeare at the least before him to inquire of such forceible Entrie or deteiner and the said Iustice of peace may proceede therein aswell by bill at the suite of the party grieved for himselfe as also by indictment only for the King And the same processe shall be made against such persons indicted or sued by Bill in this behalfe as should be made against persons indicted or sued by writ of Trespasse with force and Armes against the Kings peace 44. And though any one Iustice of peace may proceede in every of these former cases of forceible Entrie or deteiner as aforesaid yet if two or more Iustices shall joine therein together it is the better foâ— plus vident oculi quam oculus securius expediuntur negotia pluribus â—â—â—missa Co. 4. 46. 〈…〉 45. Also the Mayors and Iustices of Peace and the Sheriffes and Bailiffes of Cities and Burroughes having Franchise 8. H. 8. 9. Rast 174. d. have in the said Cities townes and Burroughes like authoritie to inquire of such Entries or putting out and in other the Articles aforesaid rising within the same as the Iust of Peace and Sheriffes in Counties and Shires have 46. The stat of Northampt. Also every Iustice of Peace to whom a writ upon the statute of North-hampton concerning the removing of a force shall bee delivered ought to execute the same writ sc hee ought to remove the force and to certifie his doings therein into the Chancerie 1. Ed. 3. 3. 47. And for that the Iustices of peace to whom this writ shall be delivered is herein but a minister and is to certifie that which he shall doe therein I will here set downe the manner how hee shall proceede to execute this writ 1. When the Iustice of Peace shall come to the place where the force is supposed by this writ he may cause three Oyes for silence to be made and then he may make Proclamation in the Kings name to this effect The Kings Majesties Iustice of Peace straightly chargeth and in his Majesties name commandeth all and every person to keepe silence whilst his Majesties writ c. be read and proclamation be thereupon made accordingly 2. Then may he read or cause to be read the writ or may declare the effect thereof 3. Then let three other Oyes be made And thereupon make proclamation againe as followeth His Majesties said Iustice doth in his Highnesse name and by vertue of his Majesties writ straightly charge and command that no manner of person of what estate degree or condition soever now being within the house of B. c. named in the said writ shall goe armed or keepe force of armour or weapon nor doe any thing there or elsewhere in disturbance of his Majesties peace or in offence of the stat made at North-hampton in the 2. yeare of King E. 3. upon paine of loosing his said armour and weapons and of imprisoning his bodie at his
be intended of men travailed Travailed men that goe begging through the Countrey after their arrivall 6. Also by a statute made in Ireland in Anno 33. H. 8. ca. 14. 33. H 8. ca. 148 in Ireland It is ordained that where in all places throughout this realme of Ireland Vagabonds and beggers have of long time encreased and daily doe encrease in great and excessive numbers by the occasion of idlenesse mother and root of all vices whereby hath insurged and sprung and daily insueth and springeth continuall thefts murders and sundry other heynous offences and great enormities to the high displeasure of God the inquietation and damage of the Kings people and to marvellous disturbances of the common wealth of this realme and whereas many and sundry good lawes strait statutes and ordinances have beene before this time devised and made as well by the said King H. 8. as also by divers his most noble progenitors Kings of England for the most necessary and due reformation of the premisses yet that notwithstanding the said number of Vagabonds and beggars be not seene in any part to be minished but rather daily augmented and increased into great Routs and companies the Iustices of peace of all and singular the shires within the limits of their Commissions and all other Iustices of peace Mayors Sheriffes bailiffes and other officers of all and every Citty Borrough Ridings or Franchises within the realme of Ireland within the limits of their authoritie shall from time to time as often as need shall require by their discretions divide themselves within the said shires Citties boroughs ridings or Franchises whereof they be Iustices of peace Mayors sheriffes bailiffes or officers and so being divided shall make diligent search and enquirie of all aged poore and impotent persons which live or of necessitie are compelled to live by almes of the charitie of the people that be or shall be hereafter abiding within every hundred rape wapentake Cittie borough parish libertie or Franchises within the limits of their division and after and upon such search made the said Iustices of peace Mayors Sheriffes bailiffes and other Officers that is to say every of them in the limits of their authorities whereunto they are divided shall have power and authoritie by their discretions to enable to begge within such hundred rape or wapentake Citty Towne parish or other limits as they shall appoint such of the impotent persons which they shall finde and thinke most convenient within the limits of their division to live of the charitie and almes of the people and to give in commandement to every such aged and impotent begger by them enabled that none of them shall begge without the limits to them so appointed and shall also register and write the names of every such impotent begger by them appointed in a bill or roll indented the one part thereof to remaine with themselves and the other part by them to be certified before the Iâ—â—tices of peace at the next Sessions after such search had to be holden within the said shires Cities Townes or Franchise there to remaine under the keeping of the Custos Rotulorum and that the said Iustices of peace Mayors Sheriffes bailiffes and other officers that is to say as they be divided shall have power and authoritie to make such and so many seales to be engraved with the names of the hundreds rapes wapentakes Cities Boroughs townes or places within the which they shall appoint and limit every such impotent person to begge and commit the said feales to the custodie of such of them or to the custodie of such a one as they shall thinke convenient and shall make and deliver to every such impotent persons by them enabled to beg a letter containing the name of such impotent person and witnessing that he is authorised to begge and the limits within which he is appointed to begge the same letter to be sealed with such of the said seales as shall be engraved with the names of the limit wherein such impotent person shall be appointed to begge in and to be subscribed with the name of one of the said Iustices or officers aforesaid and if any such impotent person so authorished to begge doe begge in any other place then within such limits that he shall be assigned unto that then the Iustices of peace Maiors Sheriffes Bailiffes Constables and other the Kings officers and ministers shall by their discretions punish all such persons by imprisonment in the stocks by the space of two dayes and two nights giving them onely but bread and water and after that cause every impotent person to be sworne to returne againe without delay to the hundred rape wapentake City Burrough Towne Parish or Franchises where they be authorised to begge in and that no such impotent person as is above said shal begge within any part of this Realme except he be authorised by writing under seale as is abovesaid and if any such impotent person be vagrant and going a begging having no such letter under seale as is above specified that then the Constables and all other inhabitants within such Towne or Parish where such person shall begge shall cause every such begger to be taken and brought to the next Iustice of peace or high Constable of the hundred and thereupon the said Iustice of peace or high Constable shall command the said Constables and other inhabitants of the Towne or Parish which shall bring before him any such begger that they shall strip him naked from the middle upward and cause him to be whipped within the Towne where he was taken or within some other Towne where the same Iustice or high Constable shall appoint if it shall seeme to the discretion of the said Iustice of peace or high Constable that it be convenient so to punish such begger to him brought and if not then to command such beggar to be set in the Stocks in the same Parish where he was taken by the space of three dayes and nights there to have only bread and water and thereupon the said Iustice or high Constable before whom such begger shall be brought shall limit to him a place to begge in and give to him a letter under seale in forme above remembred and sweare him to depart and repaire thither immediately after his punishment to him executed and that if any person or persons being whole and mighty in body and able to labour be taken in begging in any part of this Realme or if any man or woman being whole and mighty in body and able to labour having no land master nor using any lawfull merchandize craft or mysterie whereby he might get his living be vagrant and can give no reckoning how he doth lawfully get his living that then it shall be lawfull to the Constables and all other the Kings officers ministers and subjects of every Towne Parish and Hamlet to arrest the said Vagabonds and idle persons and them bring to any of the Iustices of
common lawes of this realme wherein no essoyne protection nor wage of Law to be admitted or allowed and that all the Maiors Bailiffes Soveraignes Portriffes and other head officers of every City Borough or market Towne within every the Shires above said shall cause twice in the yeare or oftner as they shall thinke necessary all measures within the said Cities Boroughes or market Townes to be brought afore them and to be duely viewed and examined and such as they shall upon examination finde defective immediately to be broken and burnt and the party or parties which in that behalfe hath offended and be found defective shall forfeite six shillings eight pence the forfeiture thereof to be unto the said Maior Bailiffe Soveraigne Portriffe or other having Iurisdiction or correction in that behalfe and at the second time the said offendors to forfeite thirteene shillings foure pence and at the third time likewise to forfeite twenty shillings the same forfeitures to be to the head officers as afore is said and for further punishment to be set upon the pillory to the example of others and that the Iustices of peace in every Shire of this Realme of Ireland have full power and authority to enquire heare and determine the said defaults and that the said Iustices of peace above said have authority to make like processe against all persons found as is above said defective and for such fynes and amerciaments as upon them shall be assessed as if they were endicted afore them for breaking of the Queenes peace provided alwayes that the examination of the defaults abovesaid and punishments of the offendours of every offence committed hereafter within any City or Towne corporate of this Realme that have by grant or Charter the office of Clerke of the Market or of Iustices of peace and their authorities or that have by grant or Charter fines amerciaments or forfeitures growing within their City or towne shall be had done and ministred by the head officers Clerke of the market or Iustices of peace within the same Cities or Townes incorporate for the time being and by none other the premisses notwithstanding and the same Maiors Bailiffes Soveraignes Portriffes or other head officers and their successors shall take perceive and retaine all and singular the fynes amerciaments forfeitures and penalties to grow by any offence to bee committed against any branch or article of this Act within their severall Iurisdictions and authorities in like manner as they should mought or ought to have any forfeitures fynes amerciaments and penalties within the severall Iurisdictions and authorities by reason of any grant or Charter made to them before the making of this Act any thing therein contained or any Law prescription custome or usage to the contrary hereof in any wise notwithstanding And forasmuch as great inconveniences and intollerable damage have and doth ensue by the occasion of diversity of measures within the Shires above mentioned thereby amongst other hatefull evils men are moved to buy in one market and sell the same graine in another to the great subvertion of good orders in markets it was enacted and established that the several Standerds to be made by her Majestie for the severall Shires Cities and Townes before named shall keepe and hold the quantities hereafter following that is to say the bushell for the Wheat Rye Maslen Beanes and Peese shall containe 16. Ale gallons and the bushell for the Mault Oates and Barley shall containe 20. Ale gallons and that the same Standerds and measures shall be kept and remaine in the Townes and places hereafter appointed in this Act as her Majesties Standerds for ever and that every bushell of Wheat Corne shall be received stricked without heape and the bushell of Mault Corne shall be layed and pressed downe just with the brim of the bushell after the accustomed manner of measuring Mault and not in other manner upon forfeiture of the Corne received contrary to the tenor hereof or of the just value and price thereof The Names of the Townes limitted for the Custodie of Measures according to the Queenes Standard appointed by the said Act for the Shires in the same Act mentioned 1. County of the Citty of Dublin and the County of Dublin 1. The Citty of Dublin 2. The County of the Towne of Drogheda 2. The Towne of Drogheda 3. The County of Catherlagh 3. The Towne of Catherlagh 4. The County of Lowth 4. The Towne of Dundalke 5. The Kings County 5. The Towne of Phillipstowne 6. The County of Meath 6. The Towne of Tryme 7. The County of Kildare 7. The Towne of Kildare 8. The County of Wexford 8. The Towne of Wexford 9. The County of Westmeath 9. The Towne of Molingare 10. The Queenes County 10. The Towne of Maryborough These two last statutes I have rehearsed at large because upon them two the authority of the Iustice of peace out of the Sessions chiefely dependeth Warrants and Presidents CHAP. 72. 1. VVArrants and presidents which concerne the exercise of the office of a Iustice of peace out of the generall Sessions are of severall sorts viz. they concerne either Treasons Felonies Misprisions Praemunires forcible Entries forceible detainers Riots Routs and unlawfull assemblies security of the peace and good behaviour or other misdemeanors or offences of severall sorts 2. As concerning Treasons and felonies upon information made of any Treason or felon commited any one Iustice of peace may direct his warrant to the Sheriffe or to the high Constables or petty Constables or to all or any of them to make search for the traitours or felons and also for the stolne goods A warrant to apprehend a Traitour may be thus 2. Comitat. Dublin A.B. Esquire one of his Majesties Iustices of peace within the County of D. To the high Sheriffe of the said County to all high Constables petty Constables and other his Majesties officers greeting c. Whereas E. F. and G. H. are vehemently suspected to have committed Treason whereof I have received Information These are therefore in his Majesties name streightly to charge and command you and every of you upon sight hereof without any delay within your severall Bailiwickes Hundreds Baronies and Constablewicks to make diligent search for the bodies of the said E. F. and G.H. and them or either of them so found to attach and arrest and immediately upon such arrest to bring before me at my house at Dale in the said County whereof you may not saile at your perill sealed with my seale and dated the first day of Ianuary in the xiij yeare of the Raigne of our soveraigne Lord King Charles of England Scotland France and Ireland defendor of the faith c. 3. The like warrant may be made for the apprehension of felons mutatis mutandis A warrant to search for stolne goods may be thus Comitat. Dublin 4. A.B. Esquire one of his Majesties Iustices of peace within the County of Dublin To the Sheriffe of the said County and to
cases therefore where the statutes do referre the Triall of offendors or hearing and determining of offences to the discretion of the Iustice or Iustices of peace out of Sessions it is very requisite that upon such tryall or hearing the said Iustices take due examination of the offendors themselves or of credible witnesses aswell concerning the fact it selfe as the circumstances thereof and upon confession or other due proofe of the offence Then to proceede according to Law and Iustice 10. Note that in all cases where the statute referreth the trial c. to the discretion of the Iustices the said statutes themselves do also enable the said Iust of P. to take the examination of witnesses upon oath 11. Note further that the Iustices of peace out of their Sessions are now armed with farre more ample authority and power than the ancient Conservators of the peace were For the Iustices of peace have double power given them The one of Iurisdiction to convent the offendors before them by their warrant in diverse cases to examine heare and determine the cause The other of coertion sc that after the cause hard to constraine them to the obedience and observance of their order and decree which notwithstanding must be according to the rules of Law and Iustice as aforesaid Whereas the ancient conservatours of the peace had no Iurisdiction or authoriâ—ie at all either to convent the offendor before them or to examine heare or determine the cause but had onely coertion prehension or punishment of an offendour in some few cases Plo. 37. And here I must further put the Iustices of peace in minde that their authoritie and power is limited to be by them exercised only within the County or Countyes where they be in Commission And yet in that or those County or Countyes the Iustices of peace of the County must not intermedle in any City there which is a County of it selfe Nor in any City or corporate Towne there though it be no County of it selfe but within the County which have their proper Iustices of peace within themselves by the Kings Charter or Commission Cromp. 8. 181. especially if in such Charter there be any speciall words of prohibition that the Iustices of the shire Non se intromittant c. except such Country Iustices shall also be in Commission in such City or Towne corporate 12. But in other corporate Townes which have not their proper Iustices of peace Cromp. ib. As also in all liberties and Franchises within the County which have the returne of writs but have not their proper Iustices there the Iustices of peace of the County ought to execute their authoritie and that by the words of their Commission 13. Againe if a parish shall extend into two or more Counties Or if part thereof shall lye within the liberties of any City or Towne corporate which have their proper Iustices and part without Then aswell the Iustices of peace of every County as also the Iustices or officers of such City or Towne corporate shall intermedle only within their owne proper and distinct limits bounds sc within so much of the said parish Co. 4. 46. c. as lyeth within their severall liberties and limits and not to inuade or deale in other jurisdictions for it shal be against Law reason where offices and Iurisdictions are severall that the one should intermedle within the Iurisdiction of the other 14. Neither shall any Iustice of peace deale in or punish any trespasse Vbi quis delinquet ibi puniet or other like offence coÌ„mitted in any other County against any penall statute though such offendor shal be brought before him Except the statute shall specially enable them thereto or that it be for matters of the peace or in cases of felonie or Treason in which cases onely he may take examinations both of the offendour and accusers and commit the offendours to prison and security for the peace if it be offred 15. Neither shall any Iustice of peace for the time that he shall make his abode or be out of the County where he is in Commission exercise his office For being out of the County where he is in Commission he is but a private man 16. Now my purpose is to set downe more particularly what things Iustices of peace out of their Sessions of the peace may do in the execution of their Commission or of the statutes wherewith they are charged And herein you must observe that some things are permitted to be executed by any one two or more Iustices either in regard that such Iustice or Iustices is or are next to the place or are of the Quorum or the like 17. And here note that whatsoever any one Iustice of peace alone may doe either for the keeping of the peace or in other execution of the Commission or statutes the same also may lawfully be done and performed by any two or more Iustices 18. But where the Law giveth authority to Two Co. li. 4. fo 46. there one alone cannot execute this for una persona non potest supplere vicem duarum Et plus vident Oculi quam oculus 19. Also when things by statute are appropriated to some one certaine Iustice or to more Co. li. 11. fo 92. there such Iustice or Iustices are to pursue such their authoritie accordingly for where an authoritie is given to foure or to one of them if two of them shall execute this it seemeth they have not pursued their authoritie 20. Plo. fo 206. 6. Besides there seemeth a generall rule to be put in Stradlings case in M. Plo. that when a thing is appointed by any statute to be done by or before one person See Co. li. 11. fo 59. 64. certaine that such thing cannot be done by or before any other But that it ought to be done as the statute hath appointed and by such expresse designation of one or power given to one certaine person all others are excluded 21. And in such things appropriate to some one or more Iustices of peace if without such Iustice or Iustices all or any of the residue of the Iustices of that County shall intermedle therein Such their doings is no wayes warrantable and in such their proceedings there is no necessitie to obey them as being no lawfull Iudges of the cause 22. Now having made a briefe declaration of the office of Iustices of the peace in generall by way of Introduction I shall proceede to the particulars of their imployment in severall Titles according to the Alphabet Affray CHAP. 1. 1. AFfray is derived of the French-word Effrayer which signifieth to terrifie or bring feare and which the Law understandeth to be a common wrong and therefore I will shew you what every man may doe in such cases Every private man 2. Every private man being present before or in and during the time of an Affray ought to stay the Affrayors and to part them
Fuller Shereman and Dyer shall duely doe his labour in his occupation upon paine to yeeld to the party grieved in this behalfe his double damages 2. And that every Fuller Fuller in his Craft and occupation of fulling rowing or tazeyling of cloth shall exercise tazells and no Cardes deceiptfully empayring the same cloth upon paine to yeeld to the party grieved his double damages 3. And that every Iustice of peace for the time being of every County of this Realme throughout the same County out of Cities Burroughes and Townes where any Maior Maister Warden bailiffe or bailiffes is or be and every Maior where there is no maister and every maister where there is no Maior and every bailiffe or bailiffes where there is no Maior nor maister and every Portreve where no Maior maister bailiffe nor bailiffes is or be of every City Burgh and Towne within every such County aforesaid and every Constable of hundred where any Constable of hundred is out of every Citty Burgh and Towne where any Maior Maister Bailiffe or Bailiffes or portrives is or be And every Steward keeping or holding Wapentake or Leete of any person out of City Burgh or Towne where no Maior Maister bailiffe or bailiffes or portreves is or be shall have power and authority by this ordinance to heare and determine the Complaints of every such cloth-maker and labourer aswell for non payment of the said labourers wages as of the said forfaiture and damages by due examination of the parties in this behalfe thereupon for non payment of the said duties and forfaiture and for the said damages to commit the said offendors in this behalfe to the next gaole within the same County there to remaine till the said duties forfaitures and damages be duely paid to the said labourer or cloth-maker And also that every of the said Iustices of P. Maior Maister Warden bailiffe or bailiffes portreve and steward or Wapentake and Leete upon the information or complaint of any other person which is not grieved in this behalfe shall have power by the said authoritie within his jurisdiction to cause the party to come before him against whom such Information or complaint shall be made for offending this ordinance and to examine them in and upon the matter contained in the same information or complaint And if the party by examination or other due proofe be found guilty or defective that then the same party as often and for every time that he is so found guilty or defective shall forfeite to the King or to such person or persons which is or be intituled to have fines or amerciaments for offences done within there Iurisdiction three shillings and foure pence And that every of the said Iustices of peace and other officers aforesaid within their Iurisdiction upon every of the said Informations or complaints shall have full power to make like proces against the party upon whom any such Information or complaint as before is rehearsed shal be made to cause him personally to appeare 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 or any other officer in this party for the execution of their offices in this behalfe Constables CHAP. 8. 1. EVery Iustice of peace may cause two Constables to be chosen in each hundred or barony And this is to be understood of the high Constables of hundreds and it is implyed of congruence that he sweare them 13. Ed. 1. ca. 6. and this seemeth to bee by vertue and force of the statute of Winchester made 13. Ed. 1. and of the first Assignavimus of the Commission of the peace 2. 13. Ed. 1. ca. 6. Note that these Constables of hundreds were first ordained by the said statute of Winchester tempore Ed. 1. And they were to make view of armour twice every yeare and to present before Iustices assigned defaults of Armour of Watches of high-waies and of Huy and Cry and also all such as lodged strangers for whom they would not answere 3. See stat 4. Ed. â— ca. 3. 10. Petie Constables in Townes and parishes were after devised for the aide of the Constables of the hundred viz. about the beginning of the raigne of K. E. 3. as appeareth by Master Lambert in his booke of the duties of Constables pag. 9. 4. The chusing and swearing of these petty Constables is reputed properly to belong to the Court Leet One Iustice yet we finde it usuall and warranted by common experience that every Iustice of Peace doth also sweare them 5. And here for the better chusing of these Constables you shall understand that the law requireth that every Constable be Idoneus homo Co. 8. 41. that is apt and fit for the execution of the said office and he is said in law to bee Idoneus who hath these three things honestie knowledge and abilitie 1. Honestie to execute his office truely without malice affection or partialitie 2. Knowledge to understand what he ought to doe 3. Ability aswell in substance or estate as in body that so he may intend and execute his office diligently and not through impotency of body or want to neglect the place 6. And if any shall be chosen Constable which is not thus inabled and qualified he may by Law be discharged of his said office and another fit man appointed in his place 7. Also by a statute made in Ireland in the fifth yeare of the Raigne of King Edward the fourth it is ordained that in every English Towne of this land that hath more then three houses holden by Tenants where no other president is be chosen by his neighbours or by the Lord of the same Towne one Constable to be president and governour of the same Towne Co. 8. 42. 5. Ed. 4. ca. 5. in Ireland in all things that pertaineth to the common rule of the same Towne as is in ordinance of night watch from Michaelmas to Easter yearely under paine of three pence every night and also to ordaine one paire of Buts for shooting within the Towne or well neare upon the Costs and labour of the said Towne under paine of two shillings from one moneth to other after the publication hereof till the Constable be made and the Buts also and that every man of the same Towne in such houre as the Constable or his Deputy of his neighbours will assigne that is betwixt threescore and sixteene yeares of age muster before the Constable or his deputy at the said Buts and shoot up and downe three times every feast day betwixt the first of March and the last day of Iuly under paine of one halfe penny for every day and that all these paines belevied of their goods or wages from moneth to moneth by the Constable to be spent in strengthning of the same Towne or otherwise in his default to be
levyed by the Warden of the peace and that the paines lost be spent upon the Townes where the said paines riseth 8. Also by a statute made in Ireland in the tenth yeare of King Henry the seventh it is ordained That every subject having goods and Chattels to the value of Ten pounds have an English Bow and a sneafe of Arrowes according every subject having goods to the value of 20. l. have a Iacke Sallet and English Bow and a sheafe of arrowes every Freeholder having land to the value yearely of foure pounds have his horse Iacke Sallet Bow and Sheafe of Arrowes every Lord Knight and Esquire within the said land have for every yeoman daily in their houshold Iacke Salet Bow and Arrowes to the intent that all the Commons of the said land may be able to doe the King or his Lievetenant service for their owne defence and suretie And that if the foresaid persons or any of them doe not observe and performe the premises as it is before specified that then they and every of them doe forfeit to the King 6. s. 8. d. as often times as they and every of them shall offend the foresaid ordinance And likewise that there be in every Barony within every Shire of the said land two Wardens of peace having authority as it hath been used of old time and in every parish Constables of able persons inhabitants within the said parishes and a paire of Buts to be had within every of the foresaid parishes at the cost of the said parishioners that the Commons of the said land may the sooner attaine the practise and experience of Archers And that the foresaid Constables in every parish upon paine of forfeiture of 12. d. at every default doe call before them or one of them every holy day all and every of the foresaid persons having Bowes and Arrowes as afore is rehearsed 10. H. 7 ca. 9. in Ireland to shoot and cause them to shoot at the least two or three games at the said Buts and if any of the said persons make default at any holy day without a reasonable cause shewed that then the said Constables have full power and authority to record their defaults and amerce them and every of them at every such default in 4.d and the said Constables to present the said amerciaments in writing to the Barons of the Kings Eschequer in the said land to be levyed and perceived in like manner and forme as the Kings Revenues have beene levyed there Felonie CHAP. 9. 1. EVery Iustice of peace by force of the first Assignavimus of the Commission may cause fresh suite Huy and Cry and search to be made by the Sheriffe bailiffes Constables and others upon any Treason robbery theft or other felony and also may cause the Constables to arrest and to imprison all such as shall be suspected of such Treason or felony or to be Theeves Murderers or Felons 2. Also every Iustice of peace may and must take the examination of all such felons or persons suspected of treason or felony as shall be brought before him 10. Carolica 18. and must also take information against them of those that bring them sc of the fact and of circumstances thereof and must put in writing such examinations and informations or so much thereof as shall be materiall to prove the felony and must certifie them to the next generall gaole delivery and after such examination and information taken then must commit such traitors or felons to the gaole if they be not baileable but if they be baileable then there must be two Iustices together the one of them of the Quorum to bayle them or else they cannot be bailed 3. The Iustice of peace that taketh the examinations must by recognisance binde the Informers that doe declare any thing materiall to prove the felony or treason to appeare and give evidence against the felon at the next generall gaole delivery to be holden within the County City or Towne corporate where the triall of the said offence shall be Stamf. 58. Li. intr 385. Co. 9. 118. 4. The Iustices of peace in the County of Dublin as well by vertue of their Commission as also by force of the statutes of 18. E. 3. 2. 34. Ed. 3. 1. 17. R. 2. 10. have authority to heare and determine all felonies for the words of the Commission to that purpose are Audiendum terminandum ad delinquentes castigandum puniendum 5. Also there be divers statutes which by speciall words did ordaine that the Iustices of peace should have authority at their generall quarter Sessions to inquire of heare and determine certaine felonies As the statutes 18. H. 6. 19. and 1. Ed. 4. for felonies presented before Sheriffes in their Turnes or law dayes Cromp. 5â— 6. And yet there be some felonies which the Iustices of peace cannot heare or try at all neither can they enquire thereof nor otherwise deale therewith as it seemeth as namely â— H. 6. â—2 12. Co. 11. 34. 7. Embeazelling of any record writ returne panel proces or warrant of Atturney in the Chancery Eschequer the one bench or the other or in the treasury whereby any judgement shall be reversed Every such offence is made felony in such imbezellor stealer or taker away and in their procurors Counsellors and abettors by the statute of 8. H. 6. But such offences are by the same statute appointed to be tryed by a Iury whereof the one halfe shall be of the men of the same Courts and before the Iudges of the said Courts of the one Bench or of the other 2. R. 3. fo 10. 8. Razing of any such record is also felony within the said statute of 8. H. 6. and to be tryed as aforesaid Br. Coro 174. 9. Forging of any deed or writing sealed or of any Court Roll will or acquittance Or to cause or assent to be made any such forged writing or to publish or shew forth in Evidence any such forged writing knowing the same to be forged If any person being once lawfully convicted of any of the said offences shall afterwards commit any the said offences againe 2â— El ca. 4. in Ireland every such second offence is made felony by the statute of 5. El. ca. 24. in England But by the same statute such offences are to be inquired of heard and determined by and before Iustices of Oyer and Terminer and Iustices of Assize which statute is enacted in Ireland in Anno 28. El. ca. 4. 10. And therefore whereas one R. Smith was indicted at the Sâ—ssions of the peace in the County of Oxford upon the said statute of 5. Elizab. for forging of a false deed it was adjudged by the whole Court in the K. bench Anno 30. Co. 9. 118. Elizab. that the said indictment was not well taken For although the Iustices of peace by their Commission have power of Oyer and Terminer to heare and determine felonies and trespasses
Iustices 11. The said Stewards Bailiffes and Constables of the said Townes shall be sworne before the same Iustices to inquire diligently by all the good wayes they may of all them that come against this ordinance and to certifie the same Iustices of their names at all times when they shall come into the Countrey to make their Sessions so that the same Iustices in certification of the same Stewards Bailiffes and Constables of the names of the Rebels shall doe them to be attached by their bodies to be before the said Iustices to answer of such contempts Arrest Fine so that they make fine and ransome to the King in case they be attainted And moreover to be commanded to prison there to remaine till they have found surety to serve and doe their worke and in case that any of them come against his oath and be thereof attainted he shall have imprisonment of a quarter of a yeare Attaint so that at every time that he offendeth and is convict he shall have double paine and that the same Iustices Imprison at every time they come into the Countrey shall inquire of the said Stewards Bailiffes Inquitie and Constables if they have made a good and lawfull certificate or any concealement for gift procurement or affinity Inkeepers and punish them by fine and ransome if they be found guilty and that the same Iustices have power to enquire and make due punishment of the said ministers Vitailers labourers workemen and other servants aswell at the suite of the party as by presentment and to heare and determine and put the things in execution by the Exigend after the first Capias if need be and to depute other under them as many and such as they shall see best for keeping of the same ordinance Oier Ter. And that they which will sue against such servants workemen labourers and Artificers Exigent for excesse taking of them and they be thereof attainted at their suit 25. E. 3. ca. 6. they shall have againe such excesse and in case that none will sue to have againe such excesse then it shall be levied of the said servants labourers excesse taking workemen and Artificers Quinzime and delivered to the Collectors of the Quinzime in allevation of the Townes where such excesses were taken Anno 25. Ed. 3. ca. 6. 12. No Sheriffes Constables Bailiffes Gaolers Sheriffes Constables Bailiffes Gaolers the Clerkes of the Iustices or of the Sheriffes nor other Ministers whatsoever they be shall take any thing for the cause of their office of the same servants for fees suit of prison nor in other manner and if they have any thing taken in such manner Fee Quinzime Dismes they shall deliver the same to the Collectors of the Disme and Quinzimes in ayd of the commons for the time that the Disme and Quinzime doth runne aswell for the time past as for the time to come Inquests Iunices and that the said Iustices enquire in their Sessions if the said Ministers have any thing received of the same servants and that they shall finde by such inquest that the said Ministers have received the same Iustices shall levy of every of the said ministers and deliver to the said collectors Fineâ— amerciaments together with the excesse and fines and ransomes made and also the amerciaments of all them which shall be amerced before the said Iustices in allevation of the said Townes as afore is said Collectors and in case the excesse found in one Towne Indentures doth exceed the quantity of the Quinzime of the said Towne the remnant of such excesse shall be levyed and payed by the said Collectors to the next poore Townes in ayd of their Quinzime by advice of the said Iustices and that the fines and ransomes excesses and amerciaments of the said servants labourers and Artificers for the time to come running of the said Quinzime be delivered to the said Collectors in the forme aforesaid by Indentures to be made betwixt them and the Iustices so that the Collectors may be charged by their account by the said Indentures in case that the said fines ransomes amerciaments and excesses be not payed in aid of the said Quinzime and ceasing the said Quinzime it shall be levied to the Kings use Account and answered by the Sheriffes of the Counties Anno 25. Ed. 3. cap. 7. Stat. 2. 13. Those that speake in the presence of the said Iustices or other things doe in their absence or presence in incouraging or maintenance of the said servants Encourage labourers or Artificers against this ordinance shall be grievously punished by the discretion of the same Iustices Punish and if any of the said servants Labourers or Artificers doe fly from one County to another because of this ordinance that the Sheriffes of the Counties where such fugitive persons shall be found shall doe them Flie. Sheriffes to be taken at the commandement of the Iustices of the Counties from whence they shall fly and bring them to the chiefe Gaole of the same County there to abide till the next Sessions of the same Iustices and that the Sheriffe returne the same commandement before the same Iustices at their next Sessions and that this Ordinance be holden and kept in all Cities and Burroughes and in other places throughout the land aswell within Franchises as without Anno 25. Ed. 3. cap. 8. Statut. 2. 14. The statute of Labourers of old time made shall stand in all points except the pecuniary paine which from henceforth is accorded that the labourers shall not be punished by fine and ransome and it is assented that the said statute shall be inforced in punishment of labourers in the forme following that is to say that the Lords of Townes may take and imprison them by fifteene dayes if they will not justifie themselves and then to send them to the next goale there to abide till they will justifie themselves by the forme of the statute And that the Sheriffe Gaoler nor other minister shall not let them to no mainprise nor bayle and if he do he shall pay to the King ten pounds and to the partie 100. s. Nor that the Sheriffe Gaoler nor other minister shall take no Fee nor porterage of prison neither at his entring nor at his comming out upon the same paine And that aswell Carpenters and Masons take from henceforth wages by the day and that all Alliances and Covins of Masons and Carpenters and congregations Chapiters ordinances and oathes betwixt them made or to be made shall from henceforth be voide and wholly adnulled so that every Mason and Carpenter of what condition that he be shall be compelled by his master to whom he serveth to doe every work that to him pertaineth to doe either of freestone or roughstone and also every Carpenter in his degree But it shall be lawfully to every Lord or other to make bargaine and covenant
before time made of Purveyors and buyers shall be holden and kept and put in due execution and in case that any Purveyor buyer or taker will take and make purveyance or buy any thing to the value of 40. s. or under of any person and make not ready payment in hand 40. s. ready payment that then it shall be lawfull to every of the Kings liege people to retaine their goods and chattels and to resist such Purveyors and buyers Resist and in no manner wise suffer them to make any such Purveyances buyings or takings and for the peace better to be kept that every Constable Constable Tithingman Tithingman or chiefe pledge of every Towne or hamlet where such purveyances or takings shall be made shall be aiding or assisting to the owner or seller of such things to be against the forme of this ordinance to make resistance in the forme aforesaid in case that such Constables Tithingman or chiefe pledge bee required that to doe upon paine to yeeld to the partie so grieved the value of the things so taken with his double damages and that none of the Kings liege pleople be put to losse or damage by the King or any officer for such resistance and that none of the Kings officers shall doe to be arrested vexed or impleaded in the Court of the Marshalsey or elsewhere any of the Kings liege people for such with-holding or not suffering to be done upon paine to lose twenty pounds Forf Moitie the one moity of that to the King and the other moitie to him which will in such case sue and that the Iustices of peace Iustice of peace in every County shall have power by authority of this ordinance to enquire heare and determine Oyer and Ter. aswell at the suite of the King as of him that will sue of any thing done against this ordinance and thereof to make due punishment and execution and to award damages Damages to the party plaintiffe when any defendant is thereof duely convict and that in every Action to be taken upon this ordinance every party defendant shall be put to answere to that without aide of the King and in such Actions to be taken No aide Proces proces shall be made as in a writ of Trespasse done against the peace and that in every Commission Commission of Purveyors takers or buyers to be made this ordinance shall be contained and expressed and moreover that this ordinance among other statutes of Purveyors buyers or takers before this time made shall be sent to the Sheriffes Sheriffe of every County to proclaime and deliver the said statutes and ordinances in the manner and forme contained in the statute of purveyors and buyers made in the first yeare of the Raigne of the said King H. 6. And moreover the King will and commandeth that the statute made the six and thirtieth of King Edward late King of England after the coÌ„quest touching Purveyors of other persons then of the King shall be put in due execution Anno 20. H. 6. cap. 8. 13. In anno 23. H. 6. ca. 2. 23. H. 6. ca. 2. it is ordained that the said statutes of an 36. E. 3. from thenceforth should be duely kept and put in due execution and moreover that every purveyor and buyer before that he shall have any Commission shall be sworne Sworne in the Chancery Chancerie that he shall take nothing of the people contrary to the said ordinances and moreover forasmuch as the poore people be not of power nor dare make resistance against the purveyors and buyers nor sue them by the law though that they doe contrary to the said statutes It is ordained by the same authority that the praisers and also all the Towne and townes Townes adjoyning if need be shall be bound to doe their devour and power to resist Resist the buyers and purveyors doing contrary to the said statutes and as much as in them is to execute the said statutes upon the said Purveyors if they be required and that he which is grieved of his goods taken contrary to the said statutes and ordinances may chuse to have either an Action of debt Action of debt against the said preisers Towne or Townes and every of them which doe not their devour in resistance of the said Purveyors or buyers in the forme aforesaid when they shall be required or else against the said Purveyors 3. Value 3. Damages or buyers and every of them to recover the treble value of his goods so taken and moreover his treble costs and damages and if any purveyor and other the Kings officer doe trouble or vexe any of the Kings liege people in the marshalsey or elsewhere by any evill suggestion or cause fayned imagined or coloured upon them because of the execution of the said ordinances he shall incurre the paine of Twenty pound Forf to be paid to the party grieved over his damages and costs in that behalfe sustained and that he thereupon shall have a writ of debt Writ of debt and that every issue Issue triable in this action shall be tried in the county County where the taking of the said goods was made and that the defendants in the said causes shall not be admitted to wage their law and shall be put to answere without forcing and no eâ—â—oyne â—ide of the King nor protection shall be to them allowed and that the Sergeant of the Caterie Sâ—â—â—eant of Câ—terie shall satisfie all the damages debts and executions which shall be recovered against every Purveyor and buyer underneath him in all the cases aforesaid in case that the Purveyor or buyer be not sufficient to satisfie and the party complainant shall have a scire facias Scire facias to have execution against the said Sergeants in the case and that these statutes and ordinances shall be sent to the Iustices of the peace in every County to proclaime them every yeare and thereof to informe the people Iust of P. Proclamation Anno 23. Hen. 6. cap. 2. 14. If any buyer or other officer of any Lord Lord. or person 23. H. 6. ca. 14. of what estate degree or condition that he be presume upon him to take or otherwise doe take any victuals Victuals Corne Corne. or hay Hay carriages Carriage or any other thing whatsoever of any of the Kings liege people in any wise against their will without lawfull bargaine betwixt the said buyers or officers and the said liege people thereof to be made to the use of the said Lords for their houses but all onely for the King and the Queene and their houses that then if notice or request be made to the Mayor Maior Sheriffe Sheriffe Bailiffe Bailiffe Constable Constable Officers or other of the Kings ministers of Cities and Borroughes or other Counties or places where such taking shall
happen to be that the said Maior Sheriffe Constable Officer and Minister to whom such notice or request shall be made by and by shall take and arrest all such buyers and officers so doing or offending Arrests Impris Mainprise and them shall send to the Kings next prison there to remaine and not to be let to baile nor maineprise till the time that they have restored all the said victuals carriages and other things so taken or the very value of the fame and if the said Maior Maior Sheriffes Sheriffe Bailiffes Bailiffe Constables Constable and Officers aforesaid doe contrary to this that then they shall forfeite twenty pound whereof the King shall have the halfe Forf Moitie and the party from whom such things be taken the other halfe if he will sue by an Action of debt Action of debt in the which the defendant shall not doe his Law and if he will not sue whosoever will sue for the King and himselfe shall have the suite to recover to himselfe the one halfe thereof and the King the other halfe and if any of the said buyers other then of the King and the Queene be duely convict Convict of such unlawfull taking as afore is recited at the suite of such parties as shall be against them in this behalfe that then they shall yeild to the party which so sueth the treble value of the victuals or other thing so taken and the double costs of their suits 3. Value 2. Costs and for the said trespasses to make fine Fine and ransome to the King and that in all such Actions or suits aforesaid the Kings protection shall not be allowed nor availeable for the defendant provided alwayes that by this Act the punishment ordained against the Kings Purveyors in no wise shall be restrained Anno 23. H. 6. cap. 14. 15. And lastly by a statute made in Ireland in anno 18. H. 6. It is enacted that from thenceforth no Purveyor Harbinger nor Aveyner be within the said land but that the Iust of the said land of Ireland that then was and the Leivetenants Iustices or Governours that for the time should be should pay or agree with them from whom any goods should be taken by their Achators and if the said Lievetenants Iustices or Governours by their Achators doe not in the order aforesaid it should be lawfull to him whose the goods are to make resistance to such Achators or officers without offence or impeachment of the King And it was also agreed and established that all the statutes in this behalfe made within the Realme of England be holden and kept in all points and put in execution in this land 16. These statutes I have rehearsed the more at large to the end that it may thereby appeare what grieveous oppressions have beene committed in times past by Purveyors and that every man may understand the ease and benefit which the subjects of Ireland enjoy by the royall composition heretofore made and established and now continued in this kingdome Riots Routs and unlawfull assemblies CHAP. 50. 1. ANy one Iustice of peace alone may use all good meanes to prevent a Riot or Rout before it be done Lamb. 184. 34. Ed. 3. 1. P. Iust 18. Dalton pa. 97. and for to stay it whilst it is in doing and in the doing may take and imprison the Riotters and bind them to their good behaviour but being once done and committed one Iustice of peace can neither record the Riot nor make enquiry thereof 14. H. 7. 8. 9. nor assesse any fine nor award any proces nor otherwise medle to punish it Dalton pa. 97. in the nature of a Riot or Rout but only as a Trespasse against the peace or upon the statutes of Northhampton or of forceible entries 2. And yet if one Iustice of peace sitting in a judiciall place as in the Sessions shall see a Riot Cromp. 65. he may command them to be arrested and may make a record thereof and the offendors shall be concluded thereby but if one Iustice of peace shall see a Riot in another place and shall command them to be arrested and shall make a record thereof the offendors shall not be concluded thereby but may traverse it 3. If a Iustice of peace will commit a man to ward pretending untruely that he did a Riot Br. Iudges 2. 10. 9. H 6. â—0 9. Ed. 4. 3. where he did none the party may not have an action of trespasse upon the case against him for an action will not lie against a Iustice or Iudge of Record in a thing that hee doth as Iudge by the opinions in 9. H. 6. 60. 9. E. 4. 3. but if this bee done of malice or corruption he shall be punished for it in the Star-chamber 4. Every Iustice of peace being of and in the County and having notice of any Riot Dyer 210. Rout or unlawfull assembly ought to have a care of the execution of the statute made 13. H. 4. cap. 7. 13. H. 4. 7. viz. that the Riotters c. be arrested and removed for if the statute be not executed by some of the Iustices the two next Iustices of peace shall forfeit each of them 100. l. and every other Iustice of peace within that County in whom there shall be any default shall be fined in the Starchamber 5. And therefore every Iu. of P. of the County 14. H. 7. 9. hearing of any Riot or of any Intention of a Riot without making any precept or tarrying for his fellow Iustice shall doe well to goe himselfe if he be able with his servants or other power of the County if neede be to the place where such persons be so assembled and to suppresse them and all such as he shall finde riotously assembled and armed to arrest them and to force them to put in suretie for the peace or for their good behaviour and for refusing to give such suretie or in default of suretie to imprison them Also he may take away their weapons and armour and seize and prise them for the King 6. 14. H. 7. 10. Br. peace 7. And if the Iu. of P. being come to the place shall not finde the Riotters yet come thither he may leave his servants there to restraine them in their said enterprise or else to arrest such offendors when they shall come if they shall offer to commit any Riot or to breake the peace 7. So if the Iu. be sicke and shall heare of a Riot he may send his servants or other power of the County if need be as it seemeth to the place to represse it or to arrest such offendors and to bring them before him to finde sureties for the peace and all this he may doe 14. H. 7. 10. Br. peace 17. and command by word of mouth without any warrant in writing and without expecting the comming of any his fellow Iustices or of the Sheriffe or
peace of the same shire or liberty or else to the high Constable of the hundred rape or wapentake within which such persons shall be taken and if he be taken within any City or Towne corporate then to be brought before the Maior Sheriffes or Bailiffes of every Towne corporate and that every such Iustice of peace high Constable Maiors Sheriffes and Bailiffes by their discretions shall cause every such idle person to him so brought to be had to the next market Towne or other place where the said Iustices of peace high Constable Maiors Sheriffes Bailiffes oâ— other officers shall thinke most convenient by his or their discretion and there to be tyed to the â—nd of a Cart naked and be beaten with whippes throughout the â—ame market Towne or other place till his body be bloudy by reason of such whipping and after such punishment and whipping had the person so punished by the discretion of the Iustice of peace high Constable Maiors Sheriffes Bailiffes and other officers before whom such person shall be brought shall be enjoyned by his oath to returne forthwith without delay in the next and straight way to the place where he was borne or where he last dwelled before the same punishment by the space of three yeares and there to put himselfe to labour like as a true man ought to doe and after that done every such person so punished and ordered shall have a letter sealed with the seale of the hundred rape wapentake City Borough Towne liberty or Franchise wherein he shall be punished witnessing that he hath beene punished according to this statute and containing the day and place of his punishing and the place whereunto he is limited to come thither within which time he may lawfully begge by the way shewing the letter and otherwise not and if he doe not accomplish the order to him appointed by the said letter thereto be eftsoones taken and whipped and so as often as any default shall be found in him contrary to the statute in every place to be taken and whipped till he be repaired where he was borne or where he last dwelled by the space of three yeares and there put his body to labour for his living or otherwise truely to get his living without begging as long as he is able so to doe and if the person so whipped be an idle person and no common begger then after such whipping he shall be kept in the Stocks till he have found surety to goe to service or else to labour after the discretion of the said Iustices of peace Maiors Sheriffes Bailiffes high Constables or other such officers before whom any such idle person being no common begger shall be brought if by the discretion of the same Iustice of peace Maior Sheriffe Bailiffe high Constable or other such head officer it be so thought convenient and that the party so punished be able to finde surety or else to be ordered and sworne to repaire to the place where he was borne or where he last dwelled by the space of three yeares and to have like letter and such further punishment if he eftsoones offend this statute as is above appointed to and for the common strong and able beggers and so from time to time to be ordred and punished till he put his body in labour or otherwise get his living truely according to the statute and that the Iustices of peace of every shire riding City Towne and liberty shall have power and authority within their limits of their Commissions to enquire of all Maiors Sheriffes Bailiffes Constables and other like officers and persons that shall be negligent in executing of this Act and if the Constables and inhabitants within any Towne or Parish where any such impotent person or strong begger doth happen to begge contrary to the forme of this statute be negligent and take not every such impotent and strong begger that so shall begge against the forme of the statute and order and punish every such begger as is above limitted that then the Towneship or Parish where such default shall be shall lose and forfeite for every such impotent begger that shall be suffred to begge within the said Towneship or Parish not being taken ordred and punished according to the forme of this statute three shillings and foure pence and for every strong begger that shall happen to begge within any such Towneship or Parish not being taken and ordered as is above limitted by this statute six shillings and eight pence the one halfe of all which forfeitures to be to the King our soveraigne Lord and the other halfe to him that will sue for the same by any bill of information before the Kings Iustices of his peace in their Sessions to be holden within the Shire or within the liberty where such default shall happen and that all Iustices of peace within any Shire City Borough or liberty shall have full power and authority aswell to heare and determine every such default by presentment as by such bill of Information and upon every presentment afore them and upon every such bill of Information to make processe by distresse against the Inhabitants of every such Towne and Parish where any such default shall be presented or supposd by any such Information by authority of which distresse the Sheriffe or other officer to whom by the Law such distresse shall be made shall distreine the goods and Chattels of such one or two of the said Inhabitants as he may have knowledge were most negligent and in default in the execution of this Act and the said distresse retaine till they finde surety to appeare at the next Sessions limitted in their said distresse and in case they appeare and confesse the default or else if they traverse the presentment and it be tryed against them by verdict or deny the Information and it be proved against them by sufficient witnesse then the said Iustices of peace in their Sessions shall have power and authority to assesse the fines as beene above limitted after the rates abovesaid and to make processe for the levying of the fame by distresse of the Inhabitants of such Townes or Parishes where such default shall be tryed or proved and that every such fyne if it grow by presentment to be only to the Kings use and if it grow by Information the moity thereof to be to him that pursueth the information for the fame and the other moity thereof to the Kings use as is aforesaid and if any such person or persons distrained appeare not at the day and place contained in such distresse then upon the returne of the Sheriffe or other officer to whom the distresse was delivered to execute that such person or persons were distrained then every such person or persons so distrained at the first distresse shall loose 40. d. and at the second 5. s. 8. d. and so to be doubled upon every distresse in such cases to be awarded till apparance may be had by one of the
Inhabitants of such Towne or Parish to deny traverse or confesse the presentment or information exhibited against any such Towne or Parish to the intent that upon tryall or proofe thereof the fynes above limitted may be assessed and levyed of the Inhabitants of every such Towne or Parish as is above rehearsed and that Schollers of the universities that goe about begging not being authorised under the seale of the universities by the Commissary Chancellor or Vice-chancellor of the same and all and singular shipmen pretending losses of ther ships and goods of the Sea going about the Countrey begging without sufficient authority witnessing the same shall be punished and ordered in manner and forme as is above rehearsed of strong beggers and that all proctors and pardoners going about in any Countrey or Countreyes without sufficient authority and all other idle persons going about in any Countrey or abiding in any City Borough or Towne some of them using diverse and subtile crafty and unlawfull gaines and playes and some of them faining themselves to have knowledge in Physicke Phisnomy Palmestry and other crafty sciences whereby they beare the people in hand that they can tell their destines diseases and fortunes and such other like fantasticall imaginations to the great deceit of the Kings subjects shall upon examination had before two Iustices of peace whereof the one shall be of the Quorum if he by proveable witnesse be found guilty of any such deceits be punished by whipping at two dayes together after the manner before rehearsed and if he eftsoones offend in the said offence or in the like offence then to be scourged two dayes and the third day to be put upon the pillory from 9. of the clocke till 11. before noone of the same day and to have one of his Eares cut of and if he offend the third time to have like punishment with whipping standing on the pillory and to have his other Eare cut of and that Iustices of peace have like authority in every liberty and franchise within their Shires where they be Iustices of peace for the execution of this Act in every part thereof as they shall have without their liberty or franchise and that this Act shall every yeare be read in open Sessions to the intent that the statute shall be the more feared and the better put in execution and furthermore be it enacted that if any person or persons at any time hereafter give any harbour money or lodging to any beggers being strong and able in their bodies to worke which order themselves contrary to the forme of this statute that every such person so doing being sufficiently proved or presented before any Iustice of peace shall make such fine to the King as by the discretion of the said Iustices of peace at their generall Sessions shall be assessed and if any person or persons doe disturbe or let the execution of this Act in any manner wise or make rescous against any Maior sheriffe bailiffe or other person that shall endeavour himselfe for the due execution thereof that then every such person and persons for every such offence doing shall loose 100. s. and over that to have imprisonment at the Kings will the one halfe of which forf if such offence be committed in any Citie or towne corporate to be to the Maior Sheriffe Bailiffe or other head Officers of such Towne or City corporate where any such offence shall be done to the use of the commonaltie of every such Citie of towne corporate and if it be committed out of the Cittie or Towne corporate then the said one halfe to be to the Lord of the Leere or Law day where such offence shall be done and the other halfe of every such forf to be to the King for the which forf of 5. l. recoverie shall be had by action of debt Bill or plaint or information in any of the Kings Courts in which suits the defendants shall not wage their Law nor have any essoigne or protection allowed And it is ordeined and enacted that the seales above rehearsed shall be made at the costs and charges of the Iustices of peace Maiors Sheriffes Bailiffes and other officers above written that is to say that every of them should doe the said seales to be made within the limits of their divisions jurisdictions and authorities And it is also ordeined and enacted that every letter to be made by the authoritie of this Act whereby any impotent begger shall be authorised and assigned to begge shall be made in this forme ensuing viz Dublin ss Memorandum that A. B. of dale for reasonable consideration is licensed to begge within the hundred of P. K. and L. in the said County given under the seale of that limit tali die anno And that every such letter that shall be made and delivered to such begger or Vagabond after he hath beene whipped by authority of this Act shall be made in this wife following Dublin I. S. whipped for a vagrant strong begger at Dale in the said County according to the Law the 28. day of Iuly in the 13. yeare of King Charles c. was assigned to passe forthwith and directly from thence to sale in the County of Meath where he saith he was borne or where he last dwelled by the time of three yeares and he is limitted to be there within 14. dayes next ensuing at his perill or within such number of dayes as to him shall be limitted by the discretion of him that maketh the said letter In witnesse wherof the seale of the limit of the said place of his punishment hereunto is set 7. And it is enacted that every such letter shall be made at the equall costs of such the said Iustices mayors sheriffes bailiffes and other officers within whose Iurisdictions powers and authorities the said begger or Vagabond shall be whipped or limitted to begge in by authoritie of this Act and every such letter shall be subscribed with the hand of one of the Iustices Maiors sheriffes bailiffes or other officers in this forme following Per me A. B. unam Iusticiariorum pacis or majorem civitatis or ballivum villae or constabularium talis hundredi or else in like forme in English 8. And it is further enacted that every such person or persons that have the custodie of any gaoles within any shire City borough or towne corporate shall doe make a seale engraved with the name of the Castle prison or gaole which he keepeth and in case any person or persons that shall be delivered out of any gaole or prison for suspition of felony by proclamation or be acquit of any felony and hath no friends to pay his fees nor was borne within the hundred or place where he shall happen to be so delivered nor can get him no master there to abide and worke with shall have libertie to begge for his Fees by the license of his Keeper by the space of six weekes next after such deliverance and after that to
Ed. 2. P. Leete 1. 20. All these former offendors and the like are evill members in the common wealth and such their demeanor and living is greatly to be suspected and besides doe seeme to be more properly said against the peace of the land then Avowtrey in the case before 1. H. 7. 7. and therefore it seemeth reasonable just and expedient that the Iustices of peace upon their discretion should convent such persons before them and their courses of life and if they cannot yeild a good reason and accompt of such their courses then to bind them to their good behaviour 21. Also the good behaviour seemeth grantable against such as shall make false outcries or shall raise Huy and Cryes without cause for these are disturbances of the peace Cromp. 179. 22. If two men doe levie Huy and Cry one upon another without cause both of them may be attached and bound over as disturbers of the peace P. R. 156. 23. Also Cheators and Cozoners may be bound to the good behaviour See Co. 5. 125. P. R. 12. 24. Libellers it seemeth may also be bound to their good behaviour as disturbers of the peace whether they be the contrivers the procurers or the publishers of the libell for such libelling and defamation tendeth to the raising of quarrels and effusion of blood and are specially occasions and meanes tending and inciting greatly to the breach of the peace 25. Also it seemeth grantable against unlawfull hunters in parks after their examination taken vide antea tit Hunting 26. Also it shall be granted against him that shall abuse a Iustice of peace Constable or other officer of the peace in executing of their office 9. El. 43. 27. A Iustice of peace seeth a man breake the peace sc to make an assault or affray upon A. and he chargeth him to keepe the peace and the other answereth that he will not the Iustice of peace may bind him to the good behaviour See Exod. 22.28 28. For if as one saith contempt or contumelie used to the person of a mans better neither policie for example nor religion for peace may tolerate much lesse to use contempt towards or to abuse such as are in authority especially when they are in executing their office 29. Nay it seemeth that he which shall use words of contempt or contra bonos more 's against a Iustice of peace though it be not at such time as he is executing his office yet hee shall be bound to his good behaviour 30. If a Citizen or free man of a Citty Co. 11. 98. or Towne corporate shall use words of contempt or contra bonos more 's against the chiefe officer of the City or Towne or his brethren they are good causes to commit him to prison untill he shall finde sureties for his good behaviour for obedience and reverence ought to be yeelded to the magistrate for that they derive their authority from the King 31. Also he that shall abuse a Iustice of peace his warrant may be bound to his good behaviour 32. A man complaineth of a Riot or a forceible Entry so that the Iustices of peace are assembled to enquire therof and then the party that complained will not prosecute the matter it seemeth the said Iustices of peace may bind him to his good behaviour for his deluding them 33. And so of such as shall charge another with felonie before a Iust of Peace and yet will not give Evidence c. 34. A. is bound to keepe the peace against B. only Cromp. 134. and getteth a supersedeas and after B. releaseth him after A. is arrested for suretie for the peace at another mans suit and sheweth this first supersedeas it seemeth he shall be bound to his good behaviour for this deceit 35. He that hath a pardon for any felony 10. Ed 3. P. pardon 5. shall finde surety for his good behaviour but he shall bee bound before the Sheriffe and Coroners who shall returne the same into the Chancerie 36. Also he that is acquitted of felonie if he be of evill fame or of evill behaviour it seemeth the Iustices of peace upon their discretion may bind him to his good behaviour 37. The forme of a warrant for the good behaviour vide postea tit Warrants 38. The forme of the Recog for the good behaviour vide postea tit Recognisance 39. Whether the suretie of the good behaviour taken upon complaint may be released by any speciall person some do doubt it Release Lamb. 126. because it seemeth more popular then the suretie of the peace yet others doe hold that it may be released either by the Iustice of peace himselfe that tooke it in discretion P.R. 2â— or by the party upon whose complaint it was granted even as that for the peace may 40. It seemeth also a Supersedeas Supersedeas of the good behaviour may bee granted by the Iustices of peace as well as for the peace mutatis mutandis upon good sureties taken by the said Iustices of the party to be of the good behaviour Cromp. 237. 41. Cromp. 146. If a man be bound to the good behaviour before Iustices of peace and to appeare at the next Assises or Sessions yet the party bound may by a Certiorari Certiorari remove the Recognisance into the Chancerie or Kings Bench before the day and then he shall not need to appeare at the Assises or Sessions for they have no record whereupon he may be called there Swearing and Cursing CHAP. 64. 1. FOrasmuch as all prophane swearing and cursing is forbidden by the Word of God 10. Caroli ca. 1. in Ireland it is enacted by Parliament in anno 10. Caroli ca. 1. that no person or persons shall prophanely sweare or curse and that every person or persons that shall at any time or times offend herein either in the hearing of a Iustice of peace bailiffe or any other head officer of any Citty or Towne corporate where such offence is or shall be committed or shall be thereof convicted by the oathes of two witnesses or by confession of the party before any Iustice of Peace of the County or head officer or Iustice of Peace in the Citty or towne corporate where such offence is or shall be committed to which end every Iustice of peace and every such head officer have power by that Act to minister the same oath that then every such offendour shall for every time so offending forfeit and pay to the use of the poore of that parish where the same offence is or shall bee committed the summe of Twelve pence and it shall also be lawfull for the Constables and Church-wardens or any one of them by warrant from such Iustice of peace or head officer to levie the same summe or summes of money by distresse and sale of the offendours goods rendring to the party the overplus and in defect of such distresse the offendor if he or she be above the age of
such houses shall bee built and so from time to time appoint Governours or masters thereof and may make them such allowance and maintainance as they shall thinke meet And if the masters of such houses doe not every Quarter Sessions yeeld a true and lawfull accompt unto the Iustices of peace of all such persons as have beene committed to their custodie or if the said persons trouble the Countrie by going abroad or escape from such houses of Correction the most part of the said Iustices in their Quarter Sessions may Fine the said Masters and Governors as they shall thinke fit 15. In like manner by the statute of 10. Car. cap. 18. in Ireland the Iustices of peace in their open Sessions have power to enquire heare and determine the defaults of Vnder-Sheriffes Sheriffes Clerkes or the Clerkes of Under-sheriffes and the defaults of bailiffes of Franchises for not duely executing their office according to the said stat 16. So likewise by the stat made in Anno 10. Car. cap. 26. in Ireland the Iustices of peace in the Quarter Sessions with the assent of the Grand Iury have power and authority to taxe and set every inhabitant in any such County Baronie Citty Burrough Towne or Parish within the limits of their Commissions to such reasonable aide and summe of money as they shall thinke by their discretions convenient and sufficient for the new building repairing reedifying and amendment of any Bridges Causeyes and Toghers and after such taxations made the said Iustices of peace shall cause the names and summes of every particular person so by them taxed to be written in a Roll indented and shall also have power and authoritie to make two Collectors of every Baronie Cittie Burrough Towne or Parish for Collection of all such summes of money by them set and taxed which Collectors receiving the one part of the said Roll indented under the Seales of the said Iustices shall have power and authoritie to collect and receive all the particular summes of money therein contained and to distraine every such inhabitant as shall be taxed and shall refuse paiment thereof in his lands goods and chattels and to sell such distresse and of the sale thereof retaine and perceive all the money taxed and the residue if the distresse be better deliver to the owner thereof And likewise the said Iustices of the peace have power and authoritie to name and appoint two Surveyors which shall see every such Bridge Causey and Togher builded repaired and amended from time to time as often as need shall require to whose hands the said Collectors shall pay the said summes of money taxed and by them received and that the Collectors and Surveyors and every of them and their executors and administrators and the executors and administrators of them and every of them from time to time shall at the publike Sessions of the peace make a true declaration and accompt to the Iustices of peace of the Shire Citty or Towne corporate wherein they shall be appointed Collectors or Surveyors of the receipts payments and expences of the said summes of money and if they or any of them refuse that to doe that then the Iustices of peace from time to time by their discretions shall have power and authority to make processe against the said Collectors and Surveyors and every of them their executors and administrators and the executors and administrators of every of them by Attachments under their seales returneable at the generall Sessions of the peace and if they appeare then to compell them to accompt as is aforesaid or else if they or any of them refuse that to doe then to commit such of them as shall refuse toward there to remaine without baile or mainprise till the said declaration and accompt be truely made and the said Iustices have full power and authoritie to allow such reasonable costs and charges to the said Surveyors and Collectors as by their discretion shall bee thought fit and convenient 16. And likewise by another statute made in Anno 10. Carol. ca. 15. in Ireland the Iustices of peace have power in their Quarter Sessions to enquire heare and determine all and every offence and offences of plowing harrowing drawing and working with Horses Mares Gueldings Garrans and Colts by the Tayle And also of pulling the wooll from living sheepe in stead of clipping or shearing of them and to punish the offendors by Fyne and Imprisonment 17. So likewise by the statute of 33. H. 8. ca. 9. in Ireland the wages of Artificers and Labourers are to be rated twice in the yeare viz. at the Quarter Sessions next after Easter for that halfe yeare following and at the quarter Sessions next after Michaelmas for the other halfe yeare and the wages of servants which are to serve by the yeare to be rated in the Quarter Sessions next after Easter And in like manner by the statute of 13. R. 2. cap. 8. the Iustices of peace in any generall Sessions are to set rates upon victuals and to punish the victuallers which breake those Rates 18. But here M. Lambard in his fourth booke cap. 19. of the Quarter Sessions would make us to beleeve that if the quarter sessions or generall sessions of the peace be not holden at the precise times appointed by the said statute of 2. H. 5. cap. 4. but that the same be held at any other time the Iustices of peace have no power to enquire of heare determine or otherwise to intermedle with any of the matters aforesaid which are appropriated to the quarter Sessions for saith he such Sessions as are not held at the times prescribed by the said statute of 2. H. 5. are no Quarter Sessions and then all that is done before the Iustices of peace concerning the matters aforesaid in any sessions holden at any other time is coram non judice and without warrant but herein I am not of M. Lambards opinion for that the sessions named in some statutes the principall sessions in others the open Sessions and in others the generall or quarter sessions of the peace are all one and the same and are all styled by one and the same style that is generalis sessio pacis and there is not any Sessions styled by the name of Quarter Sessions although in common parlance we call them so because they are held quarterly So as those statutes which referre any thing to the principall the publick open or quarter sessions are all to be understood of that generall Sessions which is held quarterly and all those things may bee there handled although the same be not held at the precise times prescribed by the statute of 2. H. 5. as M. Lambard would have it to bee for the authority whereby the generall sessions of the peace are held is not the statute of 2. H. 5. nor any other statute but the Commission under the great seale whereby the Iustices of the peace are authorised to hold their sessions at such times and places as
subjiciend c. ei inde directi ad barr hic ducti in proprijs personis suis qui committuntur Marriscallo Et statim de proditionibus praedict eis superius imposit seperatim alloquuti qualiter se velint inde acquietar praedict D.B. I.P. seperatim dicunt quod ipsi non possunt dedicere quin ipsi de proditionibus in Indict praed specificatis sunt culpabiles modo forma prout per Indict praed superius versus eos supponitur proditiones praed expreâ—â— cognover posuer seipsos in misericordiam dominae reginae Et praedict H.S. dicit quod ipse in nullo inde est culpabilis inde de bono malo ponit se super patriam Iâ—câ— inter Dom. reginam praefat H.S. ven inde jurat coram Dom. reg in Octab. sancti Hillarij ubicunque c. qui c. ad recog c. quia c. idem dies dat est praefato H.S. sub custod Marr. interim commiss salvo custodiend periculo incumbente c. statim quaesitum est de praed D.B. 〈◊〉 si quid pro se habeant vel dicere sciunt quare Curia hic ad judicium executionem de eis super cogn suam praed procedere non debeat qui nihil ulterius dicunt praeterquam ut prius dixer super quo Servientes Dom. reginae ad legem ac ipsius reginae Atturn juxta debitam legis formam petier versus praefat D.B. I.P. super cogn suas proprias in hac parte fact judicium executionem superinde pro dict Dom. regina habend c. Iudgement for a man to be drawne and hanged and for a woman to be burned Super quo vis per Curiam hic intellectis omnibus singulis praemissis Consider est quod praed D. B. I. P. ducantur per praefat Marr. usque prisonam Maresc dom Reginae et abinde per medium Burgi de Sowthwarke directè usque ad furcas de St Thomas Watering trahantur super furcas illas ibidem suspendantur quousque mortui fuerint c. 15. An Indictment of Treason for counterfeiting the Privie Seale IVratores pro Domina reg super sacrament suum praefentant quod N. B. nuper de paroch sancti Clementis Dacor extra Barr. novi templi Lond. in Com. Midd. yeoman simul cum R.B. de eadem gen alijs vicesimo quarto die Decembris Anno Regni Dom. Eliz. nunc reginae Angliae vicesimo tertio timorem Dei prae oculis suis non habens nec debitum ligeantiae suae ponderans sed instigatione diabolica motus et seduct machinans atque subtilissimè studens quibus arte dolo fraude praedictus R. B. potuerat habere obtinere de praefat Dom. regina licentiam libertatem ad colligend recipiend habend a quibuscunque subditis dictae Dom. reginae ei dare volentibus in sua Com. Surr. Civirate Londini Suburbijs ejusdem Civitat eleemosynas alia dona charitativa quaecunque machinansque ea de causa signum manuale sigillum privat vocat the privie Seale dict Dom. reginae subdole falsò proditoriè fabricare contrafacere quandam billam in pargameno nomine ejusdem Dom. reginae apud parochiam sancti Clementis praed in Com. Middlesex praed praedict vicesimo quarto die Decembris Anno Regni dict Dom. reginae nunc vicesimo tertio supradict scribifecit cujus quidem billae tenor sequitur in haec verba Elizabeth by the Grace of God Queene of England France and Ireland Defender of the Faith c. To all and singular Archbishops Bishops Atchdeacons and other officiall persons Vicars Curates and all other spirituall persons and also to all Iustices of Peace Mayors Sheriffes Bailiffes Constables Church-wardens and to all other our officers Ministers and subiects whatsoeuer they be aswell within liberties as without to whom these presents shall come greeting Whereas we are certified by a writing under the hands and seales of H. C. and B. O. Iustices of Peace in the County of Bedford of the great decay and mis-hap of this bearer K. B. of the parish of W. who by sudden mis-hap of Fire had his house burned and his goods consumed to the summe of fourescore pounds and upwards which goods were not all his owne because that he occupied the Trade of a Mercer so that without the devotion of well disposed people he is utterly undone with his wife and children to the number of foure Know ye therefore that We have licensed and doe by these presents license the said K. B to aske gather receive and take the Almes Charity and devotion of all our loving subiects inhabiting and dwelling within the County of Surry our Citty of London with the Suburbes thereof aswell within the Liberties as without and not elsewhere Wherefore we will and command you and every of you that at such times as the said K. B. shall come and repaire to any your Churches and other places to aske and gather the Charity and Devotion of our loving Subiects as is aforesaid quietly to permit and suffer him so to doe without any manner your lets or contradictions and you the said spirituall persons to declare the tenor of these presents unto our said Subiects exhorting them to extend their Charities in this behalfe and that you the said Constables and Church-wardens will be ayding and assisting for the collection and gathering of the Almes aforesaid In witnesse whereof we have caused these our letters to be made Given at our Mannor of K. the third day of November in the two and twentieth yeare of our Raigne Et ulterius Iur. dicunt super sacramentum suum quod praefat N. B. simul cum caeteris praed vicesimo quarto die Decembris Anno vicesimo tertio supradict apud parochiam sancti Clementis praed in Com. Midd. praed signum manuale sive signaturam in literis quoddam sigillum ad similitud porportion privati Sigilli vocat the privie Seale dict Dom. Reginae super billam praedict fixum appositum falsò fraudulenter proditoriè fabricavit Iudgement for a man to be drawn and hanged and for a woman to be burned contrafecit posuit Et sic praedict N.B. die anno loco supradict falso proditoriè fabricavit contra fecit Sigillum privat vocat the privie Seale dict Dom. reginae contra legiantiae suae debitum ac contra formam statut in hujusmodi casu edit et provis necnon contra pacem dicti Dom. reginae nunc coronam dignitat suas 16. For counterfeiting of a Protection and putting to it the great Sâ—alâ— taken from â—â—her old letters Patents IUrat c. praesentant quod R. D. nuper de H. in Com. H. husbandman A.B. de H. praedict yeoman machinantâ—s quomodo populum domini regis tunc subâ—â—issime possent dicipere vel defraudare Dominum regem de his quae ad ipsum