it be found before any of them that any doth contrary to this Statute then the said Iustices or Iustice Justices shall cause to be reseised the Lands and Tenements so entred or holden as aforesaid and shall put the Party so put out in full possession of the same Lands and Tenements so entred or holden as before § 3. N. 3. And if any person after such entry into Lands and Tenements holden with force make a Feoffment or other Discontinuance Assurances to any Lord or other person to have Maintenance or to take away and defraud the Possession of his recovery in any wise if after in Assise or other Action thereof to be taken or persued before the Iustices of Assises or other the Kings Iustices whatsoever by due enquiry thereof to be taken the same Feoffments and Discontinuances may be duly proved to be made for Maintenance as afore is said that then such Feoffments or other Discontinuances so as before made shall be Void Frustrate and holden for none § 4. N. 1. And also when the said Iustices or Iustice Process make such Enquiries as before they shall make or one of them shall make their Warrants and Precepts to be directed to the Sheriff of the same County Commanding him of the Kings behalf to cause to come before them and every of them sufficent and indifferent persons dwelling next about the Lands so entred as before to enquire of such Entries § 4. N. 2. Whereof every man which shall be impannelled Enquest to enquire in this behalf shall have Lands or Tenements of the yearly value of forty shillings at the least by the year above Reprises § 4. N. 3. And that the Sheriff return Issue upon every of them at the day of the first Precept returnable twenty shillings Sheriffs and at the second day forty shillings and at the third an hundred shillings and at every day after the double § 4. N. 4. And if any Sheriff or Bailiff within a Franchise Return having return of the Kings Writ be slack and make not Execution duly of the said Precepts to him directed to make such Enquiries that he shall forfeit to the King twenty pounds for every Default and moreover shall make Fine and Ransom to the King § 5. N. 1. And that as well the Iustices or Iustice aforesaid Justices as the Iustices of Assises and every of them at their coming into the County to take Assises shall have and every of them shall have Power to hear and determin such Defaults and Negligencies of the said Sheriffs and Bailiffs and every of them as well by Bill at the Suit of the Party greived for himself as for the King to sue by Indictment only to be taken for the King § 5. N. 2. And if the Sheriff or Bailiff be duly attainted in this behalf by Indictment or by Bill that he which sueth for himself and for the King Sheriffs have the one Moyety of the Forfeiture of twenty pounds together with his Costs and Expences § 5. N. 3. And that the same Process be made against such persons Indicted or sued by Bill in this behalf Process as should be against Persons Indicted or sued by Writ of Trespass done with force and Arms against the Peace of the King § 6. N. 1. And moreover if any Person be put out or disseized of any Lands or Tenements in forcible manner or put out peaceably Disseisor and after holden out with strong hand or after such Entry any Feoffment or Discontinuance in any wise thereof be made to defraud and take away the Right of the Possessor that the Party grieved in this behalf shall have Assise of Novel Disseisin or a Writ of Trespass against such Disseisor § 5. N. 2. And if the Party grieved Force recover by Assise or by a Action of Trespass and it be found by Verdict or in other manner by due form in the Law that the Party Defendant entred with force into the Lands and Tenements or them after his entry did hold with force that the Plaintiff shall recover his treble Damages against the Defendant § 6. N. 3. And moreover that he make Fine and Ransom to the King Amercement § 6. N. 4. And that Mayors Iustices or Iustice of the Peace Sheriffs and Bailiffs of Cities Justices Towns and Boroughs having Franchise have in the said Cities Towns and Boroughs like power to remove such Entries and in other Articles aforesaid rising within the same as the Iustices of Peace and Sheriffs in Counties and Countries aforesaid have Force Provided always § 7. N. 1. that they which keep their Possessions with force in any Lands and Tenements whereof they or their Ancestors or they whose Estate they have in such Lands and Tenements have continued their Possessions in the same by three years or more be not endamaged by force of this Statute Riot Our Lord the King c. hath ordained c. that the said Statute C. 14. § 1. N. 15. viz. 2 H. 5. Cap. 9. shall now be kept and firmly holden for a Statute for ever c. Certificat Provided always § 2. N. 1. that it be testified by two Iustices of Peace of the Counties where such Riot shall be supposed that the common Fame and Voice runneth in the same Counties of the same Riots before that the Writ of Capias shall be awarded 2 H. 5. Cap. 9. § 2. N. 1. Indictment Item 11 H. 6. C. 6. Our Lord the King considering the great Losses and Damages which often times have come and be like co come hereafter as well to himself as to many of his Leiges for that where as well divers Indictments and Suits for our Lord the King as other Suits between party and party have been taken before divers Iustices of the Peace Assigned by several Commissions of our said Lord the King in divers Counties of England and divers Pleas and Processes upon these Indictments have been often made and hanging before the same Iustices not determined the which Pleas and Processes have been often Discontinued by making new Commissions of the Peace in those Counties to the great Loss of our said Lord the King and of his Subjects in delay of the same Pleas and Suits and of the Deliverance of his said Subjects Abatement And upon that our Lord the King willing to provide remedy of the Assent and Authority abovesaid hath Ordained and Established § 1. N. 2. that in all such Pleas Suits and Processes in them to be taken and to be made before Iustices of Peace in any County of England the said Pleas and Processes in such Suits to be done shall not be discontinued by such new Commissions of the Peace to be made but these Pleas and Processes shall stand in their force Justices And the Iustices in the same new Commission so Assigned
discretion of the same Iustice C. 6. § 1. N. 15. And over this the Iustices of Peace within every Shire at their general Sessions holden at Michaelmas Mettle shall assign and appoint two certain Persons having experience therein viz. in deceitful Pewter and Brass c. to make search in the Premises in every part of that Shire as well within the Franchise as without saving in Cities and Boroughs where Searchers be appointed by the Heads and Governours of the same C. 11. § 1. N. 9. And that the Iustices of Peace in their Sessions shall have Authority to take before them any Person suspected of the Premises Forest viz. Of Dear-hayes Buckstails or taking of Herons and by their discretion to examine them in the premises § 1. N. 11. And that these Iustices Justices that so examine them shall have the tenth part of every such forfeiture for their Labour in that behalf Ca. 12. § 2. N. 8. Furthermore be it enacted by the said Authority Poor that Iustices of the Peace or two of them at the least within their Shires and every Mayor Sheriff and Bailiff within their Cities Towns and Boroughs shall have full power and authority to make four times in the year that is to say every quarter once or ofter as by their Discretion shall be thought necessary throughout all their Shire a due and a diligent secret search and if they or any of them find by reason of the said Search any of the said mis-ruled Persons viz. Vagabonds c. the said misruled Persons so found to have like punishment and correction as is aforesaid Viz. at discretion Riot Whereas in the Parliament holden at Westminster the Tuesday the morrow next after All Souls Cap. 13. 13th year of the reign of King Henry the fourth viz. 13. H. 4. Cap. 7. Among other things it was Enacted Ordained and Established that if any Riot Assembly or Rout of People against the Law were made in any part of the Realm that the Iustices of the Peace three or two of them at the least and the Sheriff or Vnder-Sheriff of the County where such Riot Assembly or Rout should be done after the same Statute should come with the power of the Shire if need should be to arrest them and them should arrest 2 H. 5. Cap. 8. Records And viz. 13 H. 4 Cap. 7. § 1. N. 2. § 1. N. 2. the same Iustices and Sheriff or Vnder-Sheriff should have power to record that that they should find so done in their presence against the Law 2 Hen. 5. Cap. 8. § 1. N. 2. Process And viz. 13 H. 4. Cap. 7. § 1. N. 3. § 1. N. 3. that by the Record of the same Iustices and Sheriff or Vnder-Sheriff the same Trespassers and Misdoers should be convicted in manner and form as it is contained in the Statute viz. 5 R. 2. Cap. 7. § 1. N. 3. 15 R. 2. § 1. N. 3. Of Forcible Entries with divers and many other Articles touching and concerning the Premises as in the same Statute made the said thirteenth year viz. 13. H. 4. Cap. 7. more plainly at large it appeareth 2 H. 5. Cap. 8. § 1. N. 2. Riot Which Statute viz. 13 H. 4. Cap. 7. is thought good and necessary § 1. N. 4. wherefore by the advice and assent of the Lords Spiritual and Temporal and the Commons in this present Parliament assembled and by the Authority of the same be it therefore ordained established and enacted that the said Act made in the said thirteenth year of King Henry the fourth Viz. 13 H. 4. Cap. 7. concerning Riots Assemblies and Routs of people and all and every Article and Articles comprised in the same and also all other Statutes viz. 2 H. 5. Cap. 8. c. before this time made concerning the punishment of Rioters at the time of making this Act being in force from henceforth stand in their force and be duly put in execution after the tenors and purports of the same Enquest And for as much as in the said Statute made in the said thirteenth year viz. 13 H. 4. Cap. 7. § 1. N. 5. It is not expressed of what sufficiency the Iurors impanelled should be or what Issues they should lose if they appear not nor no mention thereon made of any punishment of the Maintainers and Embracers of the Iurors that so shall be Impanelled should have for their misdemeanors if any be Ability It is therefore furthermore Enacted by the said Authority in this present Parliament That if any Riot Rout § 1. N. 6. or unlawful Assembly be committed and done at any time after the first day of May next coming within this Realm of England that the Sheriff having a Precept directed to him shall return one and twenty Persons dwelling within the Shire where such Riot Rout or unlawful Assembly shall be so committed and done whereof every of them shall have Lands and Tenements within the same Shire to the yearly value of twenty shillings Charter land or Free-hold or twenty six shillings and eight pence of Copyhold of both over and above all charges for to inquire of the said Riot Rout or unlawful Assembly Return And shall return upon every Person so by him impanelled in Issues § 1. N. 7. at the first day twenty shillings and at the second day forty shillings if they appear not and be sworn to enquire of the premises at the first day Sheriff And if default be in the Sheriff or Vnder-Sheriff § 1. N. 8. for returning of other Persons not being of the said sufficiency or return not Issues in form aforesaid that then the said Sheriff shall forfeit to our Sovereign Lord the King for either default therein twenty pound Riot And if the said Riot Rout § 1. N. 9. or unlawful Assembly be not found by the said Iury by reason of any Maintenance or Embracery of the said Iurors then the same Iustices and Sheriff or Vnder-Sheriff over and above all such Certificate that they must and be bound to make according to the said Statute made the said thirteenth year viz. 13 H. 4. Cap. 7. § 2. N. 1 shall in the same Certificate certifie the names of the Maintainers and Embracers in that behalf if any be with their misdemeaners that they know upon pain of every of the said Iustices and Sheriff or Vnder Sheriff to forfeit 20 l. if the same Iustices and Sheriff or Vnder Sheriff have no reasonable Excuse for not certifying the same § 1. N. 10. Which Certificate so made shall be of like force and effect in the Law Certificate as if the matter contained in the same were duly found by the Verdict of twelve men § 1. N. 11. And every Person duly proved to be a Maintainer or Embracer of the same shall forfeit to our said Soveraign Lord Maintainers 20 l. and as well the
of this present Parliament the Towns and Places wherein they shall think most necessary to have a common Goal newly edified and made 2 Inst 705 706. and 5 Eliz. 24. cap. § 3. N. 1. Notice And be it further Enacted § 4. N. 1. That several Commissioners under the Kings great Seal with this present Act thereto affiled shall be directed to the Iustices of Peace of the Shires aforenamed authorizing them to accomplish and execute this present Act according to the tenor thereof in every behalf Imprisonment Be it further Enacted c. § 7. N. 1. That like Provision in every behalf be had for a new Goal to be made within the County of Derby in like form as is provided for other Shires aforesaid Ale And that every Beer-Brewer and Ale-Brewer shall not take over and above for every such Barrel Kilderkin C. 4. § 5. N. 1. or Firkin of Ale and Beer but after such Prizes and Rates as shall be thought convenient and sufficient by discretions of the Iustices of Peace within every Shire where such Beer-Brewer and Ale-Brewer shall dwell without any City Borough or Town Corporate where no head-Officers as Mayors Bailiffs Sheriffs and other head-Officers have no Authority or Rule 8 Eliz. 9. § 5. N. 1. Cap. 5. § 5. N. 2. And before he viz. Commissioner of Sewers shall take upon him the Execution of the said Commission Sewers he shall take a Corporal Oath before the Lord Chancellor or before such to whom the said Lord Chancellor shall direct the Kings Writ of Dedimus Potestatem to take the same or before the Iustices of the Peace in the Quarter Sessions holden in the Shire where such Commissions shall be directed c. Cap. 8. § 2. N. 2. And if it shall happen any person Mettle c. for prosecuting any Suit or Action upon this Statute viz. against Tinners that do not make sufficient Hatches and Tyes for Gravel c. or by occasion of the same hereafter to be imprisoned by any manner of person c. being Officers or Ministers of the Stannery their Deputies or Substitutes that then every of the Iustices of Peace within any of the Counties aforesaid viz. Devonshire or Cornwal wherin the said Prisoner shall happen to be Committed to Prison upon credible Information thereof taking Surety by his descretion for Appearance of such Prisoner at the next general Sessions of the Peace shall have Power c. as well to direct his Warant to the Goaler c. as to any other Person to whom the said Prisoner shall be committed unto commanding him c. upon pain c. of 40 l. to deliver and put at large the said Prisoner c. 27 H. 8. Cap. 23. § 4. N. 1. § 2. N. 6. And if it shall appear upon the Appearance of such Prisoner at the Quarter Sessions by examining of the Iustices of Peace there being Justices that he was imprisoned contrary to the form of this Statute then he shall be forthwith dismissed and thereby discharged and if he were lawfully Imprisoned for any other just Cause then to be remanded to Prison by the discretion of the said Iustices 27 H. 8. Cap. 23. § 4. N. 3. Cap. 1â § 3. And be it Enacted c. that the Lord Chancellor of England Sewers c. at all times c. upon request to him to be made by the Mayor and Commonaltâ of the said City viz. of York and Town viz. of Hull or by any other Citizen and Burgess of the said City and Town c. or other person by them under the common Seals of the said City and Town Authorised shall have Power and Authority by his discretion to make and direct like Commission viz. as for Surety unto eight sad and discreet persons whereof four of them be of the Citizens and Inhabitants of the said City and Town and the other four to be Iustices of Peace whereof two to be of the West-Riding and the other two of the East-Riding of the County of York not of Fee nor retained with the said City or Town that they eight seven six five or four of them whereof two of them shall be of the said City and Town and the other two Iustices of Peace the one of the East-Riding the other of the West-Riding of the said County by Virtue of the said Commission shall and may the said Owners assign and appoint to pull up and redress viz. in the River of Ouse and the water of Humber or cause to be pulled up and redressed within thirty days after monition given to the said Owners by the said Commissioners or by such of them taking the charge of the Execution of the said Commission such and as much of the said Fish-gart his and other Impediments to be made in the said Waters viz. of Ouse and Humber to the Let Disturbance Damage or Ieoperdy of any Ships Keyls Boats or any other Vessels passing or repassing to or from the said City of York to the said Town of Hull as by them shall be thought meet and convenient 24 H. 8. C. 1â § 2. N. 4. And if the Offence Fowle viz. not endeavouring to destroy Crows Rooks and Choughs be done contrary to this Statute by any person c. which shall dwell and have the Manurance of and in such Mannors Meases Lands Tenements or Hereditaments whereunto such Leets Law-days Rapes and Courts do not belong or by reason whereof any such Courts be not holden that then upon a Presentment thereof had before the Sheriffs c. or Iustices of Peace in their Sessions c. the Iustices of Peace or two of them at the least if the Presentment be before them in their Sessions shall assess and set the said Amerciament after the quantity of the Offence by their discretions c. Justices And further be it Enacted § 5. N. 1. c. That as well the Iustices of the Peace in their Sessions c. to be hereafter holden before them or any of them shall give in Charge to the Tenants and Inhabitants and all other appearing before any of them that they shall duly inquire and put in execution the effect of the Premises in due time viz. yearly so that this Act may be fully executed and Choughs Crows and Rooks thereby destroyed in all parts of this Realm c. Fowle And if any such Owner or Farmer viz. on whose Grounds Rooks § 7. N. 2. Choughs or Crows be killed refuse to pay the said mony accordingly as is aforesaid viz. two pence for twelve a penny for six a half-penny for three old Rooks Choughs or Crows killed then upon Complaint and Proof thereof made to any of the Iustices of Peace or High-Constable the said Iustice of Peace or High-Constable shall cause the said mony to be levyed by distress of the Goods and Cattels of every such Farmer or Owner refusing to pay the same
âââr Provided always and be it Enacted by the Authority aforesaid § 9. N. 5. that after the death of every such Copy-holder Customary-holder or Farmer as so shall offend and forfeit any of their said Copy-holds Customary-holds or Farms as is aforesaid that then all and every such person and persons as should or ought to have had the said Copy-holds Customary-holds or Farms after or by the death of such Copy-holder Customary-holder or Farmer in case such Copy-holder Customary-holder or Farmer had not so offended ne forfeited shall and may have the same Copy-holds Customary-holds and Farms by Entry Action Admission or otherwise in like Manner Form and Condition and by such Ways and Means as they and every of them should might or ought to have had if no such Forfeiture or Offence had been had done or committed 1 Mar. 1. St. 2. Cap. 12. § 10. N. 1. § 10. N. 1. And furthermore it is Ordained and Enacted by the Authority aforesaid that if any person or persons after the said twelfth day of February Coron by open Word or Deed shall procure or stir any other person or persons to arise or make any Traiterous or Rebellious Assembly to the intent to do exercise or put in ure any of the things above mentioned that then every person so procuring moving or stirring any other shall therefore be deemed and adjudged a Felon and suffer pains of Death and forfeit his Goods Cattels Lands and Tenements as in Cases of Felony 1 Mar. 1. St 2. Cap. 12. § 19. N. 1. §. 10. N. 2. And shall also lose the Benefit of his Clergy and Sanctuary Clergy § 11. N. 1. And also be it further Enacted by the Authority aforesaid Imprisonment that if any person or persons which at any time after the same day shall be spoken unto moved or stirred to make any Commotion Insurrection or unlawful Assembly for any of the intents above mentioned and do not within twenty four hours next after he or they shall be so spoken unto moved or stirred unless he shall have a good and reasonable cause of excuse declare the same to one Iustice of Peace or Sheriff of the said County or to the Mayor Sheriffs Bailiff or Bailiffs or other head-Officer of any City or Town-Corporate where such speaking motion or stirring shall be had shall suffer Imprisonment until he shall be discharged by three Iustices of Peace of the same Shire where the Offence shall be whereof one of the said Iustices shall be of the Quorum 1 Mar. 1. Stat. 2. Cap. 12. § 11. N. 1. § 12. N. 1. And it is Ordained and Enacted by the Authority abovesaid Imprisonment that if any person or persons being above the age of eighteen years and under the age of forty years being able to serve and not sick lame or impotent shall be required by any Iustice of the Peace or any Sheriff of any County where any such Assembly shall be or by any Mayor Bailiff or other Head-Officer of any City Borough or Town-Corporate or by any other by the Commandment of any such Iustice of Peace Sheriff Mayor Bailiff or other Head-Officer to go with him or them to suppress the persons unlawfully assembled in manner and form aforesaid that then every person so being able and required do willingly and obstinately refuse so to do shall suffer Imprisonment of his Body for one year without Bail or Mainprize 1 Mar. 1. Stat. 2. Cap. 12. § 12. N. 1. § 12. N. 2. And make Fine and Ransom at the Kings Will and Pleasure Amercements § 13. N. 1. Provided always and be it Enacted by the Authority aforesaid that if the King shall by his Letters Patents make any Lieutenant in any Countiy or Counties of this Realm for the suppressing of any Commotion Rebellion or unlawful Assembly War that then all Iustices of Peace of every such County and the Sheriffs and Sheriff of the same as all Mayors Bailiffs and other Head-Officers and all Inhabitants and Subjects of any County City Borough or Town-Corporate within every such County shall upon the Declaration of the said Letters Patents and Request made be bound to give attendance upon the same Lieutenant to suppress any Commotion Rebellion or unlawful Assembly unless he or they being so required have any reasonable excuse for his not attendance upon pain of Imprisonment of one whole year 1 Mar. 1. St. 2. Cap. 12. § 13. N. 1. § 14. N. 1. And be it further Enacted by the Authority aforesaid Notice that the Order and Form of the Proclamations that shall be made by the Authority of this Act shall be as hereafter followeth or with the like order and words in effect that is to say the Iustice or other person Authorized by this Act to make the said Proclamation shall make or cause to be made in Oyes and after that shall openly pronounce or cause to be pronounced these words or the like in effect 1 Mar. 1. St. 2. Cap. 12. § 14. N. 1. Peace The King our Soveraign Lord § 14. N. 2. chargeth and commandeth all persons being assembled immediately to disperse themselves and peaceably to depart to their Habitations or to their lawful Business upon the Pains contained in the Act lately made against unlawful and rebellious Assemblies and God save the King 1 Mar. 1. St. 2. Cap. 12. § 14. N. 1. Forfeiture Provided always and be it Enacted by the Authority aforesaid § 15. N. 1. that if any person or persons do or shall molest let hinder or hurt any person or persons that shall proclaim or go to proclaim according to the Proclamation and Order made in the Statute aforesaid whereby such Proclamation shall not be made that then all and every such person and persons so molesting letting hindring or hurting and all and every such person and persons Offender or Offenders to whom any such Proclamation or Proclamations should or ought to be made to the intent aforesaid shall incur and be in like Danger and suffer like Pain or Pains and Forfeitures as aforesaid in every of their Degrees as though the Proclamation had been made any Clause Article or Sentence heretofore in this Act included made to the contrary notwithstanding 1 Mar. 1. St. 2. Cap. 12. § 15. N. 1. Days And be it Enacted by the Authority aforesaid § 15. N. 2. that this Act shall be openly read at every Quarter Sessions 1 Mar. 1. St. 2. Cap. 12. § 16. N. 1. Franchise Saving to the Bishop of Durham and Bishop of Ely § 15. N. 3. and all other that have Charter of the County Palatine and to their Successors the year day and waste in such sort as by the said Charter they had or ought to have had the same if this Act had never been had ne made this Act or any thing therein contained to the contrary notwithstanding 1 Mar. 1. St.
2. Cap. 12. § 17. N. 1. Forfeiture Saving also to all and every person and persons and Heirs in Tail Bodies Politick and Corporate their Heirs § 15 N. 4. Successors and Executors and to every of them other than to such person and persons only as shall be attainted convicted or outlawed for any of the aforesaid Offences of Felony or Treason and their Heirs or the Heirs of any of them claiming by descent in Fee-simple from them or any of them all such Right Title Entry Interest Leases Possessions Rents Conditions Profits Commodities and Advantages as they or any of them hath or hereafter shall have or of right ought to have in or to any Honours Castles Mannors Lands Tenements Woods Rents Reversions Services or Hereditaments whatsoever or in or to any part or parcel thereof to be forfeited for any of the Offences aforesaid as if such attainder or Forfeiture had never been had ne made any thing in this Act to the contrary in any wise notwithstanding Corporation And Saving to every Body and Bodies Politick and Corporate § 15. N. 5. and their Successors their Liberties and Franchises in such manner and form as if this Act had never been had ne made 1 Mar. 1. St. 2. Cap. 12. § 18. N. 1. Days This Act to continue to the end of the next Parliament 1 Mar. 1. St. 2. § 15. N. 6. Cap. 12. § 23. N. 1. Pope And for better Execution of the same Act C. 10. § 4. N. 1. viz. of destroying Popish Books and Images be it Enacted c. that as well Iustices of Assize in their Circuits as Iustices of Peace within the limits of their Commission in the general Sessions shall have full Power and Authority to inquire of the Offences aforesaid and to hear and determin the same in such form as they may do in other such like Cases Religion And c. it is now further Enacted that if any person c. shall 5 6 Ed. 6. C. 1. § 6. N. 1. c. willingly or wittingly hear and be present at any other manner or form of Common-prayer or Administration of the Sacraments of making of Ministers in the Churches or of any other Rights contained in that Book anexed to this Act viz. 3 4 Ed. 6. Cap. 12. than is mentioned and set forth in the said Book or is contrary to the form of sundry Provisions c. 2 3 Ed. 6. Cap. 1. and shall be thereof convicted according to the Laws of this Realm before c. Iustices of Peace in their Sessions c by the Verdict of twelve men or by his or their own Confession or otherwise shall for the first Offence suffer Imprisonment of six Months c. C. 4. § 3. N. 1. And also it is Enacted c. that if any person Church c. shall malitiously strike any Person with any Weapon in any Church or Church-Yard or c. shall draw any Weapon in any Church or Church-Yard to the intent to strike another with the same Weapon that then every such person so offending and thereof being convicted by verdict of twelve men or by his own confession or by two lawful Witnesses before the Iustices of Assize Iustices of Oyer and Terminer or Iustices of Peace in their Sessions by force of this Act shall be adjudged by the same Iustices before whom such person shall be convicted to have one of his Ears cut off C. 14. § 10. N. 1. Be it also further Enacted c. that the Iustices of Peace in every County within this Realm or Wales at their Quarter Sessions Market Overt shall have full Power c. to inquire hear and determin all and every the Defaults and Offences perpetrated c. contrary to this Act viz. of Forestalling Regrating c. within the County where any such Sessions shall be kept by Inquisition Presentment Bill or Information before them exhibited and by Examination of two lawful Witnesses or by any of the same ways or means by the discretion of the said Iustices §. 10. N. 2. And to make Process thereupon as though they were Indicted before them Process by Inquisition or by Verdict of twelve men or more § 10. N. 3. And upon the Conviction of the Offender by Information or Suit of any other than the King Execution to make Extracts of the one Moity of the Forfeitures to be levyed to the Kings Vse as they use to do of other Fines Issues and Amercements grown in the Sessions of the Peace § 10. N. 4. And to award Execution of the other Moity for the Complainant or Informer against the Offender by Fieri fa. or Capias as the Kings Iustices at Westminster may do and use to do Forfeiture § 10. N. 5. And if any such Conviction or Attainder shall hereafter happen to be at the Kings Suit only that then the whole Forfeitures to be extracted and levyed to the Kings use only Indictment § 17 N. 1. Provided always that such Licence of Iustices of Peace Licence viz. of Drover c. shall not endure above one year unless the same be yearly renewed by so many Iustices Viz. three at the least C. 21. § 1. N. 3. And that viz. Tinkers Pedlers c. by Licence only to sell Market Overt c. in such Circuit or Compass as shall be to him c. assigned by two Iustices of the Peace or more of the Shire where he or they shall dwell by Writing under their Hands and Seals 1 Jac. 25. § 42. N. 1. § 1. N. 4. Vpon Pain that every person which shall offend Poor c. shall by any Iustice of Peace where the same shall be committed upon Complaint and due Proof had by Witness or otherwise be imprisoned by the space of fourteen days at the least C. 24. § 5. N. 1. And be it further Enacted c. that if the Mayor Recorder Drapery Steward or viz. two Iustices of the Peace of the said City viz. Norwich for the time being or any of them shall take any Sum of Mony or Reward for admitting of any person to occupy or use any of the Arts or Mysteries c. viz. of making Thrummed Hats Dornicks or Coverletts that for every such Time and every such Case the person so offending shall forfeit five Pounds c. Cap. 25. It is therefore Enacted c viz. for Increase of Disorders Ale c. that the Iustices of Peace within every Shire City Borough Town-Corporate Franchise or Liberty within this Realm or two of them at the least whereof one to be of the Quorum shall have full Power c. within every Shire c. where they be Iustices of Peace to remove discharge and put away common selling of Ale and Beer in the said common Ale houses and Tipling-houses in such Town c. and Places where
Essoyn Protection Wager of Law or Licence to the contrary shall be allowed Cattle And be it Enacted C. 7. § 7. N. 1. c. that the Iustices of Peace of every Place and County as well within Liberties as without shall have Authority in their Sessions within the limits of their Authority and Commission to inquire hear and determine all Offences against this Statute viz. of selling Horses Gueldings Mares and Colts in Fairs and Markets Overt as they may do any other matter tryable before them Ways And in default of such Inquiry or Presentment C. 8. § 2. N. 10. viz. in Leet of not amending High-ways c. the Iustices of Peace for every Place or County shall have Authority to inquire of the same the Offences which shall be committed within the limits of their Commission at every their Quarter Sessions and to assess such Fines therefore as they or two of them whereof one to be of the Quorum shall think meet Account And the said Church-wardens shall have Authority to call the said Bailiff and Head-Constable to Account before the Iustices of Peace or two of them wherof one to be of the Quorum by Bill § 4. N. 2. Information or otherwise Bail And forasmuch as the said Act viz. 1 2 Ph. Mar. Cap. 13. § 4. N. 1. doth not extend to such Prisoners as shall be brought before any Iustice of Peace for Manslaughter or Felony C. 10. § 2. N. 1 and by such Iustice shall be committed to Ward for the Suspition of such Manslaughter or Felony and not Bailed in which Case Examination of such Prisoner and of such as bring him is as necessary or rather more than where such Prisoner shall be let to Bail or Mainprize Proof Be it therefore Enacted § 2. N. 2. c that from henceforth such Iustice or Iustices before whom any person shall be brought for Manslaughter or Felony or for Suspition thereof before he or they shall commit or send such Prisoner to Ward shall take the Examination of such Prisoner and Information of those that bring him of the Fact and Circumstances thereof and the same or as much thereof as shall be material to prove the Felony shall put in Writing within two days after the said Examination Certificate And the same shall certify in such manner and form § 2. N. 3. and at such time as they should and ought to do if such Prisoner so committed or sent to Ward had been Bailed or let to Mainprize upon such Pain as in the said former Act viz. 1 2 Ph. Mar. Cap. 13. § 5. N. 5. is limited and appoinâ for not taking or not certifying such Examinations as in the said former Act is expressed Recognizance And be it further Enacted § 2. N. 4. that the said Iustices shall have Authority by this Act to bind all such by Recognizance or Obligation as do declare any thing material to prove the said Manslaughter or Felony against such Prisoner as shall be so committed to Ward to appear at the next general Goal-delivery to be holden within the County City or Town-Corporate where the Tryal of the said Manslaughter or Felony shall be then and there to give Evidence against the Party § 2. N. 5. And that the said Iustices shall certify the said Bonds taken before them Certificate in like manner as they should and ought to certify the Bonds mentioned in the said former Act viz. 1 2 Ph. Mar. Cap. 13. § 5. N. 3. upon Pain as in the said former Act is mentioned for not certifying such Bonds as by the said former Act is limited and appointed to be certified Cap. 18. Where the King and Queens most Excellent Highness Coporation and their Noble Progenitors Kings of this Realm have heretofore granted their several Commissions directed as well unto the Mayors Recorders and other Grave Men and Inhabitants of certain Antient and Famous Cities and Towns-Corporate within this Realm of England not being Counties in themselves as also unto divers other worshipful and learned men dwelling out of the same Cities and Towns-Corporate as well for the keeping of their Peace good ordering of their People and executing of their Laws and Statutes within the same Cities and Towns-Corporate as also for the Delivery of their Majesties Prisoners remaining in the Goals there and after the granting of such Commissions their Majesties have granted divers other like Commissions unto certain worshipful and learned men of the Shires Laths Rapes Ridings and Wapentakes of this Realm of England for the Confirmation of their Peace and also delivering of their Prisoners remaining in their Goals within the same Shires Laths Rapes Ridings and Wapentakes § 1. N. 2. Which Commissions so bearing a later date Supersedeas have been a Supersedeas and clear Discharge unto all and singular the said former Commissions granted unto the said Cities and Towns-Corporate not being Counties in themselves § 1. N. 3. So that the said Mayor Commission and other grave and chiefest Officers of every such City and Town-Corporate have been charged to sue for the renewing again of such Commissions both for the Peace and Goal-delivery to the great Expences Cost and Charges of the said Mayor and other the Inhabitants of such Cities and Towns-Corporate and to the great protracting and delay of Iustice therein in the mean time for Reformation whereof and for the better Advancement of Iustice in the Premisses § 2. N. 1. Be it therefore Enacted Franchise c. that all and singular Commission and Commissions granted or to be granted to any such City or Town-Corporate not being as is aforesaid a County in it self for the keeping of their Peace and delivery of the Prisoners remaining in the Goals of any such City or Town-Corporate not being a County in it self shall stand remain and be Good and Available and Efectual in the Law to all Intents Constructions and Purposes the granting of any like Commission of the Peace or Goal-delivery to any Commissioner or Commissioners for the Conservation of the Peace or Delivery of the Prisoners remaining in the Goal of any Shire Lath Rape Riding or Wapentake within this Realm of England bearing date after the said Commission or Commissions granted as is aforesaid to any such City or Town-Corporate not being as is aforesaid a County in it self to the contrary notwithstanding C. 21. § 10. N. 2. Be it therefore Enacted Riot c. viz. because good and beneficial that all the said several Acts c. viz. 1 Mar. 1. St. 2. Cap. 12 c. and all Clauses c. shall be revived c. untill the last day of the next Parliament 4 5 Ph. Mar. Cap. 9. § 14. N. 2. 4 5 Ph. Mar. Cap. 2. § 8. N. 2. And be it further Enacted War c. that the Iustices of Peace
of every Shire shall have Power and Authority by vertue of this Act from time to time to make search and view of and for the said Furnitures of Horses Gueldings Armor and Weapons to be found maintained and kept by any person c having Lordships Mannors Houses Lands Meadows Pastors or Woods to the clear yearly value of two hundred pounds or under and not above the yearly value of four hundred pounds or to be found maintained or kept by any person chargeable c. by reason of his or their Goods Cattels Annuities Fees or Copy-holds c. 1 Jac. Cap. 25. § N. Justices And to hear and determine at their Quarter Sessions § 8. N 2 all and every the Defaults committed or done contrary to this Act. viz. of finding Horses or Armor within the County where such Session shall be kept by Inquisition Presentment Bill or Information before them exhibited or by Examination of two lawful Witnesses at the discretion of the same Iustices and to award Process thereupon as though they were indicted before them by the Verdict of twelve men or more War And be it furtheer Enacted C. 3. § 5. N. 1 c. that all Iustices of Assize in their Circuits and all Iustices of Peace within the limits of their Commission in their Assizes and Sessions and Stewards of Leets Law days and Liberties at their Leets and Law-days shall and may from time to time enquire hear and determine every of the said Offences viz. of Non-payment or Departure of Souldiers c. committed or done contrary to this Act within the Premises of their Commission Leet or Liberty Process And if any person c. shall be before the said Iustices of Assize § 5. N. 2. Iustices of Peace or any of them presented or indicted of any the Offences aforesaid viz. Non payment or Departure of Souldiers that then the said Iustices of Assize or Iustices of Peace before whom such Indictment or Presentment shall be taken or had shall c. award such Process against every such person c. as upon Indictments of Trespass is used and accustomed to be made Riot Be it therefore Enacted c. viz. because good and beneficial that all C. 9. § 14. N. 2. c. the said several Acts c. viz. 1 Mar. 1. St. 2. Cap. 12. c. and all Clauses c. shall be revived c. until the last day of the next Parliament 1 Eliz. 16. § 2. N. 2. Statuta Eliz. Drapery AND be it further Enacted c. that 1 Eliz. C. 12 § 2. N. 1. c. all Iustices of Peace in every County and Place of this Realm or three of them at the least whereof one to be of the Quorum shall have full Power and Authority to inquire hear and determine the Offences aforesaid viz. of Deceit in Linnen Cloath in their Sessions by Information Indictment or upon Traverse of any Presentment or Indictment found before the said Iustices or any of them Riot And forasmuch as the said Act and Statute C. 16. § 2. N. 1 viz. 1 Mar. 1. St. 2. Cap. 12 during all the time aforesaid hath been proved by Experience to be a very good and beneficial Law and meet to be continued and kept in force as well for the preservation of the Peace as also for the Common-wealth and Quietness of this Realm Peace Be it therefore Enacted § 2. N. 2. c. that the said Act and Statute viz. 1 Mar. 1. St. 2. Cap. 12. and every Branch Clause and Article therin contained shall stand remain continue and be in full force and strength to all intents and purposes for and during the Natural Life of the Queens most excellent Majesty that now is c. and to the end of the Parliament then next following Prerog And that the said Act and Statute § 2. N. 3 viz. 1 Mar. 1. St. 2. Cap. 12. and the Words and Sentences mentioned and contained in the said Act shall extend unto the Queens Highness that now is as fully and amply as ever the same did extend to the said late Queen Mary Fish And it is further Enacted c. that if the Offences C. 17. § 11. N. 1. c. touching the taking killing or destroying of Fish or Fry and Spawn be not presented at the Leet where they shall be committed within one year next after the Offence committed that the Iustices of Peace in their Sessions Iustices of Over and Terminer and Iustices of Assize in their several Circuits shall have full Power and Authority to inquire thereof and to hear and determine all the Offences committed contrary to the Tenor of this Statute Pope And it is also Enacted 5 Eliz. Cap. 1. § 3. N. 1. c. that as well Iustices of Assize in their Circuits as Iustices of Peace within the limits of their Commission and Authorities or two of every such Iustices of Peace at the least whereof one to be of the Quorum shall have full Power and Authority by vertue of this Act in their quarter and open Sessions to inquire of all Offences c. viz. Extolling the usurped Jurisdiction of Rome done contrary to the true meaning of the Premises in like manner and form as they may of other Offences against the Queens Peace § 3. N. 2. And shall certify every Presentment afore them or any of them had or made concerning the same or any part thereof Certificate before the Queen her Heirs and Successors in her or their Court commonly called the Kings Bench within forty days next after any such Presentment had or made if the Term be then open and if not at the first day of the full Term next following the said forty days § 3. N. 3. Vpon pain that every of the Iustices of Assize Forfeiture or Iustices of Peace before whom such Presentment shall be made making default of such Certificate contrary to this Statute to lose and forfeit for every such Default 100 l. to the Queen her Heirs and Successors C. 4. § 15. N. 1. And c. Be it Enacted Justices c. that the Iustices of Peace of every Shire Riding and Liberty within the limits of their several Commissions or the more part of them being then resiant within the same and the Sheriff of that County if he conveniently may and every Mayor c. within any City c. wherein if any Iustice of Peace within the limits of the said City c. shall c. yearly at every general Sessions first to be holden and kept after Easter or at some time convenient within six weeks next following every of the said Feasts of Easter assemble themselves together 39 Eliz. 12. § 2. N. 1. § 15. N. 2. And they so assembled Apprentice calling unto them such discreet and Grave persons of the said County City or Town-Corporate as they shall
authorized to minister the said Oath to any c. that can or will justifie the same being within the limits of their said Commission Imprisonment And for want of sufficient Distress viz for the Penalties § 3. N. 3. c. the Party c. offending to be by the Mayor Bailiff or other Head-Officer or Iustice c. committed to the Common-Goal there to remain until the said Penalty c. be truly paid Franchise Provided always and be it Enacted § 6. N. 1. c. that the Correction and Punishment of such as shall offend against this Act or any part thereof within either of the two Vniversities of this Realm or the Precincts or Liberties of the same shall be done upon the Offenders and Iustice shall be administred in this behalf according to the intent and true meaning of this Law by the Governors Magistrates Iustices of the Peace or other Principal Officers of either of the same Vniversities to whom in other Cases the Admission of Iustice and Correction and Punishment of Offenders by the Laws of this Realm and their several Charters doth belong or appertein Leather And for the better Execution of this Act viz. of Tanners Curryers C. 22. § 5. N. 1. Cord wayners Shoe-makers Sadlers Coachmakers c. be it further Enacted that all Iustices of Assize Iustices of Goal-delivery Iustices of Peace and Stewards of Franchises Leets and Law-days within their several Iurisdictions and Liberties Precincts Offices and Authorities shall inquire of all the Premises in their Sessions Leet or Law-day and hear or determine the same and also by their discretions examine all persons suspected to offend this Act or any parcel thereof 5 Eliz. Cap. 8. § 40. N. 1. Fowl And the same Offence c. viz. destroying Phesant Partridge C. 27. § 2. N. 1. c. with Guns or Bows or Nets or Setting Dogs c being prooved by the Confession of the Party or by the Testimony of two sufficient Witnesses upon Oath before two or more Iustices of the Peace of the same County City or Town-Corporate wherein the Offence shall be committed or the Party offending apprehended shall be by the said Iustices of Peace for every such Offence committed c. for three Months c. unless the said Offender do or shall forthwith upon the said Conviction pay c. to the use of the Poor of the same Parish the sum of 20 s. for every Phesant Partridge House-dove Pidgeon Hern Mallard Duck Teale Widgeon Goose Heath Rook More-game or any such Fowle and for every Egg of Phesant Partridge or Swans and for every Hare which any and every such person c. shall take kill or wilfully destroy contrary to the true purport c. of this Statute § 5. N. 2. And that all Iustices of Assize in their several Circuits Justices and all Iustices of Peace in their general Quarter Sessions and any two Iustices of Peace or more together out of any Sessions shall and may by force of this present Act have full Power and Authority to examine hear punish and determine all Offences to be committed against this present Statute and to administer Oath as aforesaid and perform and execute all and every Act and Thing fit or requisite for the due Execution of this present Act. § 7. N. 1. And be it also further Enacted c. that it shall and may be lawful Licence to and for every person c. keeping any Hawk c. which at the general Quarter Sessions of the County where he and they shall dwell and shall be licenced to shoot Hail-shot in Hand-guns or Birding pieces at Crow Chough Pye Rook Ringdove Iay or smaller Birds for Hawks meat only to shoot and kill Hawks meat according to the said Licence only C. 29. § 3. N. 1. And be it further Enacted that all Iustices of the Peace Mayors Fish Bailiffs Head-Officers and Constables as well of Cities and Towns-Corporate as in every Counity of this Realm shall have Power and Authority by force of this Act yearly in the time of Lent to enter into all houses of Victuallers and common victualling houses within their Iurisdictions where such Offences viz. dressing Flesh contrary to 5 Eliz. Cap. 5 § 4. N. 1. shall be committed C. 31. § 2. N. 1. Be it therefore Enacted c. that the Mayors Bailiffs Poor Head-Officers and Iustices of Peace of every City Borough Town-Corporate and Places priviledged where any c. are or shall be or any two of them shall have Power and Authority from time to time to tax and assess all and every Inhabitant and all houses of Habitation Lands and Tenements within the said City c. or the Liberties or Precinets thereof at such reasonable Taxes and Payments as they shall think fit for the reasonable relief of such persons infected or inhabiting in houses and places infected in the same Cities Boroughs Towns-Corporate and Places previledged 3 Jac. 4. §. 3. N. 5 And viz the Forfeiture for Recusants not receiving the Sacrament Religion c. to be recovered in any of the Kings Courts of Record at Westminster or before Iustices of Assize or Goal-delivery or before Iustices of Peace at their general Quarter Sessions by Action of Debt Bill Plaint or Information wherein no Essoyn Protection or Wager of Law shall be allowed § 4. N. 1. And be it further Enacted Indictment c. that the Church-wardens and Constables of every Town Parish or Chappel for the time being or some one of them or if there be none such then the Chief Constables of the Hundred where such Town Parish or Chappel is or shall be or one of them as well in Places Exempt as not Exempt shall once in every year present the Monthly absence from Church of all and all manner of Popish Recusants within such Towns and Parishes § 4. N. 2. And shall present the Names of every of the Children of the said Recusants being of the Age of nine years and upwards Infant abiding with their said Parents and as near as they can the Age of every of the said Children as all the names of the Servants of such Recusants at the general or Quarter Sessions of that Shire Limit Division or Liberty § 5. N. 1. And be it further Enacted Peace c. that all such Presentments shall be accepted entred and recorded in the said Sessions by the Clerk of the Peace or Town-Clerk for the time being or his Deputy without any Fee to be had asked or taken for the same § 7. N. 1. And be it further Enacted Pope c. that the Iustices of Assize and Goal-delivery at their Assizes and the said Iustices of Peace at any of their said Sessions shall have Power and Authority by vertue of this Act to inquire hear and determine of all Recusants and Offences as well for not receiving the Sacrament
Statute shall be indicted tryed and proceeded against by and before the Iustices of Assize and Goal-delivery of that County for the time being or before the Iustices of the Court of Kings Bench c. § 27. N. 1. And be it further Enacted that if any Subject of this Realm Religion c. shall not resort or repair every Sunday to some Church Chappel or some other usual Place appointed for Common-Prayer and there hear Divine Service according to the Statute c. viz. 1 Eliz. Cap. 2. § 14. N. 1. that then it shall and may be lawful to and for any one Iustice of Peace of that Limit Division and Liberty wherein the said Party shall dwell upon proof unto him made of such Default by Confession of the Party or Oath of Witnesses to call the Party before him § 27. N. 2. And if he or she shall not make a sufficient Excuse and due proof thereof to the satisfaction of the said Iustice of Peace Proof that it shall be lawful for the said Iustice of Peace to give Warrant to the said Church-warden of the said Parish wherein the Party shall dwell under his Hand and Seal to levy 12 d. for every such Default by distress and sale of the Goods of every such Offender c. § 27. N. 3. And that in default of such distress Justices it shall and may be lawful for the said Iustice of Peace to commit every such Offender to some Prison within the said Shire Division Limit or Liberty wherein such Offender shall be inhabiting until payment be made of the said sum or sums so to be forfeited § 36. N. 2. And all Offences other than Treason shall be inquired Offence heard and determined before the Iustices of Peace in their general or Quarter Sessions to be holden within the Shire Division Limit or Liberty wherein such Offence shall happen C ãâ¦ã § 1. N. 5. And such person so discovering the same viz. any Recusant Pope or other which shall entertain or relieve any Jesuit Seminary Popish Priest or any Mass to any Justice of Peace after Conviction of the Offender shall have a Certificate from the Iudges or Iustices of Peace before whom such Conviction shall happen to be directed to the Sheriff or other Officer of the same County Limit or Place that shall seise the Goods or levy the said Forfeiture commanding the said Sheriff or other Officer to pay the same viz. Fifty Pounds to him that so discovered the same out of the monies to be levyed by vertue of the said Forfeitures c. Licence And if any of the persons which are so confined viz. Popish Recusants c. shall have necessary occasion or business to go and travail out of the compass of the said five Miles that then and in every such Case § 7. N 2. upon Licence in Writing in that behalf to be gotten under the Hands and Seals of four of the Iustices of Peace of the sane County Limit Division or Place next adjoyning to the Place of abode of such Recusant with the Privity and Assent in Writing of the Bishop of the Diocess or of the Lieutenant or of any Deputy Lieutenant of the same County residing within the said County or Liberty under their Hands and Seals Oath It shall and may thereupon be lawful for every such person so licenced § 7. N. 4. to go and travail about such their necessary business and for such time only for their travailing attending and returning as shall be comprized in the said Licence the said Party so licenced first taking his Corporal Oath before the said four Iustices of Peace or any of them who shall have Authority by vertue of this Act to punish the same that he hath truly informed them of the cause of his Iourny and that he shall not make any causeless stays Ouster le mere Be it further Enacted § 17. N. 2. c. that if any of the said persons viz. Popish Recusants no Merchants Factors Apprentices Souldiers nor Mariners so gone beyond the Seas without Licence which are not yet returned shall not within six Months next after their return into this Realm then being of the Age of eighteen years or more take the Oath c. viz. of Allegiance before some Iustice of Peace of the County Liberty or Limit where such person shall inhabit or remain that then every such Offender shall take no Benefit by any Gift Conveyance Discent Devise or otherwise of or to any Lands Tenements Hereditaments Goods or Chattels until he or they being of the said Age of eighteen years or above take the said Oath Justices And that it shall be lawful for any two Iustices of Peace within the Limits of their Iurisdiction or Authority and to all Mayors § 26. N. 1. Bailiffs and chief Officers of Cities and Towns-Corporate in their Liberties from time to time to search the Houses and Lodgings of every Popish Recusant convict or of every person whose Wife is or shall be a Popish Recusant convict for Popish Books and Reliques of Popery Pope And that if any Altar Pix Beads § 26. N. 2. Pictures or such like Popish Reliques or any Popish Book or Books shall be found in their or any of their Custody as in the Opinion of the said Iustices Mayor Bailiffs or Chief-Officer as aforesaid shall be thought unmeet for such Recusant as aforesaid to have or use the same shall be presently defaced and burnt if it be meet to be burned Religion And if it be a Crucifix or other Relique of any Price § 26. N. 3. the same to be defaced at the general Quarter Sessions of the Peace in the County where the same shall be found and the same so defaced to be restored to the Owner again War And be it also Enacted c. that all such Armor § 27. N. 1. Gun-powder and Munition of whatsoever kinds as any Popish Recusant convict within this Realm of England hath or shall have in his house c. or elsewhere or in the Hands or Possession of any other at his or their disposition shall be taken from such Popish Recusant by Warrant of four Iustices of Peace at their general or Quarter Sessions to be holden in the same County where such Popish Recusant shall be resident other than such necessary Weapons as shall be thought fit by the said four Iustices of Peace to remain and be allowed for the defence of the person or persons of such Recusant or for the defence of his her or their house or houses Justices And that the said Armor and Munition so taken § 27. N. 2. shall be kept and maintained at the Costs of such Recusants in such places as the said four Iustices of Peace at their said Sessions of Peace shall set down and appoint § 28. N. 1. And be it further enacted c. that if any such
Inholders hereafter to be committed against the form of this present Statute C. 22. § 7. N. 1. Provided nevertheless and be it Enacted Victuals c that if the Iustices of the Peace of any of the Counties of this Realm of England or the Dominion of Wales at their Quarter Sessions of any of the said Counties shall declare and publish in open Sessions that the Traders aforesaid in Butter and Cheese viz. from London c. shall forbear to buy any Butter and Cheese for any time within the said County or Counties or within any Parts or Places of the same that then for and during the time of such Restraint the said Traders in Butter and Cheese that shall buy any such Butter viz. above a Barrel or Cheese viz. above a Weigh and sell the same again by Retail contrary to the Acts aforesaid viz. 3 4 Ed. 6. Cap. 21. § 2. N. 1. and 5 6 Ed. 6. Cap. 14. § 3. N. 1. shall not be freed of or from any Penalties of the said Acts but shall be subject to the same as if this Act had never been made Statuta Car. 1. Games AND that any one Iustice of the Peace of the County 1 Car. 1. Cap. 1. § 1. N. 5. or the Chief Officer or Officers of any City Borough or Town-Corporate where such Offence viz. of resorting to Sports on the Sunday c. shall be committed upon his or their View or Confession of the Party or Proof by one or more Witness by Oath which the said Iustice or Chief-Officer or Officers shall by vertue of this Act have Authority to Minister shall find any offending in the Premisses the said Iustice or Chief-Officer c. shall give Warrant under his or their Hand and Seal to the Constables and Church-wardens of the Parish c. where such Offence shall be committed to levy the said Penalty so to be assessed by way of Distress and Sale c. rendring to the said Offenders the overplus c. and in default of such Distress that the party offending be set publickly in the Stocks by the space of three hours Religion The said Offences Viz. Travailing 3 Car. 1. C. 1. 2. § 1. N. 4. or Killing or Selling Victual on Sunday and every of them being done in view of any Iustice of Peace Mayor or other Head-Officer of any City or Town-Corporate within their Limits respectively or being proved upon Oath by two or more Witnesses or by the Confession of the Party offending before any such Iustice Mayor or Head-Officer within their several Limits respectively wherein such Offence shall be committed to which end every such Iustice Mayor or Head-Officer shall have Power by this Act to minister an Oath to such Witness or Witnesses Forfeitures All which sums c. viz. of twenty shillings forfeit for travailing § 1. N. 5. and six shillings and eight pence for killing or selling Meat on Sunday c. shall or may be levyed by any Constable or Church-warden by Warrant from any âuch Iustice or Iustices of Peace Mayor or other Head-Officer c. within their several Limits where such Offence shall be committed or done by distress and sale of the Offenders Goods c. or shall be recovered by any person c. by Bill Plaint or Information in any of his Majesties Courts of Record in any City or Town-Corporate before his Majesties Iustices of the Peace in their General Sessions of the Peace Poor All which Forfeitures shall be imployed to and for the use of the Poor of the Parishes where the said Offences shall be committed or done § 1. N. 6. saving only that it shall be lawful to and for any such Iustice Mayor or Head-Officer out of the said Forfeitures to reward any such person c. that shall inform or otherwise prosecute any person c. offending against this present Act according to their discretions so that such Reward exceed not the third part of the Forfeiture Ale Which Law viz. 5 6 Ed. 6. Cap. 25. § 4. 5. hath not wrought such Reformation as was intended C. 3. 4. § 1. N. 6. for that the said Fine of 20 s. is seldom levyed and for that many of the said Offenders by reason of their Poverty are neither able to pay the said Fine of 20 s. nor yet to bear their own charges of conveying them to the Goal and moreover do leave a great charge of Wife and Children upon the Parishes wherein they live in regard whereof the Constables and other Officers are much discouraged in presenting them and the Offenders become obstinate and incorrigible Licence For remedy whereof be it Enacted c. that if any § 2. N. 1. c. shall upon his own Authority not being thereunto Lawfully licenced take upon him or them to keep a Common Ale-house or Tipling-house or use commonly selling of Ale or Beer Cyder or Perry that then every such c. shall for every such Offence forfeit and lose c. 20 s. to the use of the Poor of the Parish c. the same Offence being viewed and seen by any Mayor Bailiff or Iustices of Peace or other Head-Officer within the several Limits or confessed by the Party so offending or approved by the Oath of two Witnesses to be taken before any Mayor Bailiff or other Head-Officer or any one or more Iustice or Iustices of the Peace who by vertue of this Act shall be authorized to minister the said Oath to any c. that can or will justifie the same being within the limits of their said Commission § 2. N. 2. The said Penalties to be levyed by the Constables or Church-wardens of the Parish c. where the said Offence shall be committed Forfeiture who shall be accountable therefore to the use of the Poor of the said Parish by way of distress to be taken and detained by Warrant or Precept from the said Mayor Bailiff Iustice or Iustices or other Head-Officer by whom the said Offence shall be viewed or before whom the same shall be confessed or proved as aforesaid § 2. N. 3. And for default of satisfaction within three days next ensuing Process the said Distress to be by the said Constables or Church-wardens apprised and sold and the overplus to be delivered c. and this to be only for the first Offence § 2. N. 4. And if such Offender Imprisonment c. shall not have sufficient Goods and Chattels whereby the said 20 s. may be levyed by way of distress as aforesaid or shall not pay the said sum c. within six days after such Conviction as aforesaid that then the said Mayor Bailiff Iustice or Iustices or other Head-Officer before whom the said Offender shall be convicted as aforesaid shall commit all and every the said Offender c. to some Constable c. or other inferior Officer c. of the City Borough Town Parish
or Hamlet where the Offence shall be committed or the Party apprehended to be openly whipped for the said Offence as the said Iustice or Iustices shall limit or appoint § 3. N. 1. And be it Enacted Constable c. that if any Constable or inferior Officer shall neglect to execute the said Precept or Warrant or do refuse or do not execute by himself or some other to be by him appointed upon the Offender the Punishment limited by this Statute that in that Case it shall and may be lawful for the said Mayor Bailiff Iustice or Iustices of Peace or other Head-Officer to commit the Constable or other inferior Officer so refusing or not executing c. to the Common Goal of the said County City or Town Corporate there to remain without Bail or Mainprize until the said Offender c. shall by the said Constable c. be punished and whipped as is above limited and declared or until he or they so neglecting or refusing shall have paid the sum of 40 s. c. § 4. N. 1. And be it further Enacted that if the said Offender Ale c. being an unlicenced Ale-house-keeper shall offend in any the Premises the second time and be thereof lawfully convicted in manner and form aforesaid that then the said Mayor Bailiff Iustice or Iustices of the Peace or other Head-Officer shall commit him her or them unto the house of Correction there to remain for the space of one Month and be dealt withal as idle and disorderly persons § 4. N. 2. And if such shall again offend and be thereof convicted as aforesaid Imprisonment that then the said Offender c. for every such Offence shall be committed unto the said House of Correction as aforesaid there to remain until by the Order of the Iustices in their General Sessions for the County City Borough or Franchise he she or they shall be delivered from thence § 5. N. 1. Provided always that such Process c. as shall be punished by vertue of this Act shall not be punished again for the same Offence by the former Act c. viz. 5 6. Ed. 6. Cap. 25. § 4. N. 5. § 5. N. 2. And that such Information c. as shall be punished by vertue of the before mentioned Act viz. 5 6 Ed. 6. Cap. 25. § 4. N. 5. shall not be punished again for the same Offence by vertue of this present Act nor any thing there contained C. 4. 5. § 15. N. 1. And so much of an Act Bastardy c. viz. 18 Eliz. Cap. 3. § 2. N. 1. as concerneth Bastards begotten out of lawful Matrimony viz. continued to the next Parliament c. §. 15. N. 2. With this Justices that all Iustices of Peace within their several Limits and Precincts and in their several Sessions may do and execute all things concerning that part of the said Statute viz. 18 Eliz. Cap. 3. § N. that by the Iustices of Peace in the several Counties are by the said Statute limited to be done Apprentices And be it Enacted § 22. N. 9. that all persons to whom the overseers of the Poor shall according to the said Act viz. 43 Eliz. Cap. 2. § N. bind any Children Apprentices may take receive and keep them as Apprentices and also the Church-wardens and Overseers of the Poor mentioned in the said Act c. may by and with consent of two or more Iustices of the Peace whereof one to be of the Quorum within their respective Limits wherein shall be more Iustices than one and where no more shall be than one with the Assent of that one Iustice of the Peace set up use and occupy any Trade Mistery or Occupation only for the setting on work and better relief of the Poor of the Parish Town or Place of or within which they shall be Church-wardens or Overseers of the Poor any former Statute to the contrary notwithstanding Measures Viz. Keeping of Measures Or Weights other than according to the Standard of Exchequer forfeits five shillings 16 17 Car 1. C. 19. § 2. N. 4. being thereof lawfully convicted by the Oath of one sufficient Witness before any Iustice of Peace Mayor or other Head-Officer c. respectively where the said offence shall be committed who by vertue of this Act shall have Power to administer an Oath in that behalf Imprisonment And in default of such distress § 2. N. 3 it shall be lawful for any Iustices of Peace Mayor or other Head-officer c. to commit the said Party to the Prison or Goal there to remain without Bail or Mainprize until he shall pay such sums of mony forfeited as aforésaid Justices Provided also that no Iustice or Iustices of the Peace Mayor § 8. N. 1. Bailiff or other Head-officer c. or any other authorized by this Statute for the due Execution thereof in any point shall be sued impleaded or otherwise impeached for doing or executing their said Offices respectively Pleading And if any Suit c. shall be commenced against them § 8. N. 2. their Agents and Assistants touching the Premises that then it shall and may be lawful for them c. to plead the general Issue not guilty and to give this Statute in Evidence or any other special matter in Evidence Statuta Car. 2. Ale PRovided always c. that the Lord Treasurer 12 Car. 2. C. 23 § 29. N. 1 c. shall not within six Months after the commencement of this Act viz. of Excise on Beer Ale Syder c. to his Majesty for Life treat conclude or agree with any c. touching the farming of this duty upon Beer and Ale in any the respective Counties or Places of this Realm or Dominions thereof other than with such persons c. as by the Iustices of Peace of the said Counties or Places or the major part of them at their publick Quarter Sessions shall be nominated and appointed in that behalf which person c. is to have the first refusal of any such Farm respectively and may take the same any thing c. notwithstanding 12 Car. 2. Cap. 24 § 43. N. 1. Leases Provided §. 30. N 1. that the said Duty shall not be let to any other person or persons than to the person or persons recomended by the Iustices under the rate that it shall be tendered to and refused by such person c. so recomended 12 Car. 2 Cap. 24. § 44. N. 1. Forfeiture And all such Forfeitures and Offences made and committed within all or any the Counties Cities § 31. N. 3. Towns or Places within this Kingdom or Dominions thereof shall be heard and determined by any two or more of the Iustices of the Peace residing near the Place where such Forfeitures shall be made or Offence committed 12 Car. 2. Cap. 24. § 45. N. 3. Justices
any persons above the number of twenty or more to any Petition Complaint Remonstrance Declaration or other Address to the King or both or either Houses of Parliament for alteration of matters established by Law in Church or State unless the matter thereof have been first consented unto and ordered by three or more Iustices of the County or by the major part of the Grand-Iury of the County or Division of the County where the same matter shall arise at their publick Assizes or General Quarter Sessions or if arising in London bp the Lord-Mayor Aldermen and Commons in Common-Council assembled Joynder And that no person or persons whatsoever shall repair to his Majesty § 2. N. 2. or both or either of the Houses of Parliament upon pretence of presenting or delivering any Petition Complaint Remonstrance or Declaration or other Addresses accompanied with excessive number of people not at any one time with above the number of ten persons Forfeiture Vpon pain of incurring a Penalty not exceeding the sum of one hundred pounds in mony and three Months Imprisonment without Bail or Mainprize for every Offence § 2. N. 3. Days Which Offence to be Prosecuted at the Court of the Kings Bench § 2. N. 4. or at the Assizes or General Quarter Sessions within six Months after the Offence committed and proved by two or more credible Witnesses Parliament Provided always that this Act or any thing therein contained § 3. N. 1. shall not be construed to extend to debar or hinder any person or persons not exceeding the number of ten aforesaid to present any publick or private Grievance or Complaint to any Member or Members of Parliament after his Election and during the Continuance of the Parliament or to the Kings Majesty for any remedy to be thereupon had Prerog Nor to extend to any Address whatsoever to his Majesty § 3. N. 2. by all or any of the Members of both or either Houses of Parliament during the sitting of the Parliament but that they may enjoy their freedom of access to his Majesty as heretofore hath been used Purveyance Be it therefore Enacted Cap. 8. § 2. N 1. c. that the Clerk or Chief-Officer of his Majesties Carriages shall three days at least before his Majesties Arrival by Warrant from the Green-Cloth give notice in Writing to two or more of his Majesties Iustices of the Peace next adjoyning to provide such a number of Carts and Carriages from the Places next adjacent as his Majesty shall have present use of expressing the certainty c. Forfeiture And that in Case any § 2. N. 2. c. shall refuse to provide and furnish his Majesty that now is or his Queen that shall be or his or her Houshould in their Progress for Removals c. that then upon due Proof and Conviction c. by the Oath of the Constable or other Officer or two other credible Witnesses before the said Iustices of Peace of the County or Mayor or other Chief-Officer of the City or Corporation where he or they inhabit which Oath they shall have Power to administer the Party so refusing shall c. forfeit the sum of forty shillings to the Kings Majesties use to be fortwith levyed by Distress and Sale c. by Warrant from the said Iustices of the Peace Mayor or other Chief-Officer § 3. N. 2. And in Case any Iustice of the Peace Mayor Fees Chief-Officer or Constable shall take any Gift or Reward to spare any c. or shall impress more Carriages then he shall be directed c. that then upon due Proof and Conviction thereof the Party so offending shall forfeit the sum of ten pounds to the Party thereby grieved or any other who shall sue for the same c. § 5. N. 1. And be it further Enacted Justices c. that any two or more of the Iustices of the Peace near adjoyning to the Road through which his Majesty is to pass shall immediately after notice in Writing from the said Green-Cloth and Avener under their Hands and Seals set down and appoint such reasonable Rates and Prices to be paid during his Majesties abode there both for Hay and Oats and other Accomodations for Horses as they in their discretion shall think meet which Rates one day at the least before his Majesties coming to such Place the said Iustices shall cause to be proclaimed in the Market Town next to such place and in such of the Neighbouring Towns and Villages as to them shall seem meet to the end that notice may be taken of such Rates and Prices § 5. N. 2 And if any person shall take any other sum than what is or shall be so limited either for Lodging Horse-meet Forfeiture Stable-room or other such Accommodations and be thereof convicted by Confession of the Party or by the Oath of one credible Witness before any one Iustice of the Peace which Oath the said Iustice of the Peace is hereby authorized to administer that then in such Case every person so offending shall forfeit and pay to the Party grieved the sum of 40 s. the same to be levyed by Distress by Warrant from the said Iustice of the Peace and Sale there of c. C. 10. § 1. N. 3. Viz. The Forfeiture of 20 l. by Deer-stealer to be levyed by the way of Distress upon the Goods and Chattels of every such Offender Forest by Warrant under the Iustices Hand before whom such Conviction shall be made § 1. N. 5. And for want of sufficient Distress Imprisonment the Offender shall be committed to the House of Correction for six Months and there to be put to hard Labour or to the Common-Goal for one whole year without Bail or Mainprize at the discretion of the Iustices of the Peace before whom such Conviction shall be and not to be discharged from thence till he or they have given sufficient Sureties for their Good-behavior for one whole year next ensuing after his or their Enlargement 13 Car. 2. St. 2. C. 1. § 10. N. 2. And from and after the Expiration of the said respective Commissions Coporation viz. for regulating of Corporations March 25. 1663. the said three Oaths viz. of Allegiance Supremacy and against taking up Arms against the King c. and Declaration viz. that no Obligation lyeth on any by the solemn League and Covenant shall be from time to time administred c. by such c. persons respectively who by the Charters or Vsages of the said respective Cities Corporations and Boroughs and Cinque-Ports and their Members and other Port-Towns ought to administer the Oath for due executing the said Places c. viz. of Mayor Alder-men Recorder Bailiffs Town-Clerks Common-Council-men c. § 10. N. 3. And in default of such by two Iustices of the Peace of the said Cities Justices c. for the time being
if any such there be or otherwise by two Iustices of Peace for the time being of the respective Counties where the said Cities c. are § 11. N. 1. And be it likewise Enacted c. that the said Commissioners Oath Iustices of the Peace and other persons hereby authorized to administer the said Oaths and tender the said Declaration respectively shall cause Memorandums or Entries to be made of all Oaths taken before them and subscriptions made as aforesaid and deliver the same once in a Year to the respective Town-Clerks or other Register or Clerk of the said respective Cities c. who shall cause the same to be fairly Entred into the Books or Registries belonging to the said respective Cities c. Religion And it is Ordained c. that all and every Iustice of Oyer and Terminer 13 14 Car. 2. C. 1. § 3. N. 1. Iustices of Assize and Goal-delivery and the Iustices of the Peace shall have full Power and Authority in every of their open and General Sessions to Inquire Hear and Determine all and every the said Offences viz. of Quakers refusing Oath lawfully tendered or assembling above Five for Religious Worship c. within the limits of their Commission to them Directed and to make Process for the Execution of the same as they may do against any Person being Indicted before them of Trespass or lawfully Convicted thereof Imprisonment And be it also Enacted That it shall and may be lawful to and for any Iustice of Peace Mayor or other Chief Officer of any Corporation § 4. N. 1. within their several Iurisdictions to Committ to the Common Goal or bind over with sufficient Sureties to the Quarter-Sessions any Person c. offending in the Premises in order to his or their Conviction aforesaid Wayes And for the more spéedy reformation C. 2 § 24. N. 1. c. viz. of Paving the Streets hanging out Lights carrying away Dust and Hackney-Coaches c. Be it further Enacted c. That every one of his Majesties Iustices of either Bench and Barons of the Exchequer and every Iustice of Peace of the said Cities of London and Westminster c. within their several Limits respectively shall have Power and Authority upon his own Knowledge or View confession of the Party or proof of one credible Witness upon Oath before him which Oath by vertue of this Act such Iustice shall have Power to Administer to Convict any Person or Persons of any the Offences aforesaid whereby such Person or Persons so Convict shall Incur the Penalties and Forfeitures aforesaid one Moiety whereof shall be disposed and imployed for and towards the Reparation Paving and cleansing of the Stréets or Place where the Offence shall be Committed and as much or all of the other Moiety as the Iustices shall think fit for him or them that shall discover and prosecute the same in case the said Conviction be by such Discovery and Prosecution Process And if the Conviction be by the View or Knowledge of such Iustices N. 2. then the said whole Penalty to go and be Imployed for and towards the Repairing Paving and Cleansing of the said Stréet or Place shall be Levied by Distress and Sale of the Goods and Chattels of the Offender by Warrant under the Hand and Seal of any such Iustice to be directed to the Constable or any other Officer of the same Parish rendring the overplus to the Party and in default of Distress or not payment of the said Penalties within six dayes after demand thereof or notice in Writing left at the House or Dwelling place of the Offender by the said Constable or any other Officer the said Offender not being a Peer of this Realm shall be committed to the Common Goal of the said County or City respectively by the Warrant of any such Iustice under his Hand and Seal there to remain without Bail or Mainprise until payment Taxes And be it further Enacted § 26. N. 1. c. That within Twenty dayes after the Election and Confirmation of the said Scavengers c. the Constables Church-wardens and Overseers for the Poor and of the High-wayes of the said Parishes and Places respectively or the greater number of them giving notice unto or calling together such Inhabitants of their respective Parishes as have formerly born the like Office therein they or the greater number of them then present shall make and settle a Tax Rate or Assessment according to a pound rate to be imposed or set upon the Inhabitants of the said Parish Ward or Division for the Year following for the purposes aforesaid which being allowed and confirmed by any two of the Iustices of the Peace of the Places aforesaid respectively shall be Quarterly paid by every respective Inhabitant upon demand made thereof by the Beadle of the Parish or other Officer appointed to Gather and Collect the same Process And in case of refusal or neglect N. 2. shall by Warrant of any two Iustices of the Peace under their Hands and Seals be levyed by Distress and Sale of the Offenders Goods and for want of Distress by Imprisonment of the Offender c. War And the said Account so to be taken viz. by the Lieutenants C. 3. § 12. N. 2. c. of the Militia of the Treasurers Receivers c. shall be forthwith certified to the Lords of His Majesties most Honourable Privy Council and a Duplicate thereof shall be Certified to the Iustices of Peace at the next General Quarter Sessions § 19. N. 2. Which Oathes viz. of Allegiance and Supremacy Oaths and against taking Arms against the King c. any one Iustice of Peace of the respective Counties and Places aforesaid is Enabled to Administer to such respective Lieutenant viz. of the County before he act in Militia c. as is not a Peer of this Realm and the said Lieutenant or any one Iustice of the Peace of the respective Counties and Places aforesaid is Enabled to Administer to the respective Deputy-Lieutenants not being Péers c. C. 4. § 7. N. 2. Viz. Parson having Curate shall in Person read Common Prayers Religion c. upon pain to forfeit the Sum of Five Pounds to the use oft he Poor of the Parish for every Offence upon Conviction by Confession or Proof of two credible Witnesses upon Oath before two Iustices of the Peace of the County City or Town Corporate where the Offence shall be committed which Oath the said Iustices are hereby Impowered to Administer and in default of payment within ten dayes to be levied by Distress and Sale c. by the Warrant of the said Iustices c. § 21 N. 1. And that any two Iustices of the Peace of any County of this Kingdom Imprisonment c. and the Mayor or other Chief Magistrate of any City or Town Corporate within the same upon Certificate from the Ordinary of
the Place made to him or them of the Offence Committed shall and are hereby required to Commit the Person or Persons so Offending viz. Preaching Lecture or Sermon while dissable by this Act of Uniformity to the Goal of the same County City or Town Corporate accordingly C. 5. § 3. N. 3. Which By-Laws Rules and Ordinances Drapery viz. by the Wardens and Assistants of the Weavers of Norwich Stuffs c. being Ratified and Confirmed by the Mayor and two Iustices of the Peace of the said City and County of Norwich for the time being and thrée other Iustices of Peace of the said County of Norfolk whereof one to be of the Quorum shall be published four times in the Year at the least at four publick Assemblies for the said Trade and Manufacture and shall be obeyed and kept by the several Persons within and under the said Regulation § 14. N. 1. And that if any Person shall Counterfeit any Seal of the said Trade Forfeiture viz. of Norwich Stuffs weaving c. or shall Seal any piece of Stuff under the Regulation with any counterfeit Seal or shall remove a Seal off one piece and set it unto another piece which hath not been Sealed by the Wardens c. and being thereof Convicted by his own Confession or by the Oath of two or more Witnesses to be taken before the Mayor of the said City or his Deputy or any one Iustice of the Peace of the City of Norwich or County of Norfolk who respectively have hereby power to Administer an Oath for that purpose shall forfeit c. xx l. § 19. N. 2. And that if any Person c. shall refuse hinder Process or will not permit the said Wardens or Assistants or any two or more of them to Exercute their Office according to the Tenure of this Act c. being thereof Convicted by the Oath of one or more credible Witnesses before the Mayor c. or his Deputy or any one Iustice of Peace of the said City of Norwich or County of Norfolk respectively who are hereby Authorized to Administer such Oath shall forfeit the Sum of xl s. c. § 20. N. 2. Which said Penalties and Forfeitures Forfeiture together with all other Fines and Penalties which are appointed to go to the Poor of the Trade and Manufacture or for the use thereof mentioned in this Act the means of recovery of which is not already otherwise herein provided and set forth shall be levied by Distress and Sale of the Offenders Goods and Chattels by Warrant to be granted by the said Mayor or his Deputy for the time being or any one Iustice of Peace of the City of Norwich or County of Norfolk c. C. 6. § 3. N. 5. And every such Assessment so made viz. by the Surveyers of High-wayes Taxes with two Househoulders of the Parish Vill. c. shall within six dayes after be presented to some Iustice of the Peace near adjoyning to the Parish where it is made to be seen allowed and signed by him N. 6. And after such allowance every Person so Assessed Process c. That shall not within twenty dayes after demand made by the Surveyers or one of them pay such Sum c. shall forfeit and pay double c. unless upon complaint made to the said Iustice of wrong done to such Person by that Assessment the said Iustice shall think fit to alter the same Justices And if any Question shall arise about the value or worth of such work § 4. N. 3. or labour or Man and Team viz. in High-wayes c. some Iustice of the Peace near adjoyning and not living in the said Parish shall determine what is fit to be allowed for such work Wayes And be it further Enacted c. That it shall and may be lawful § 6. N. 1. to and for the said Surveyers of the High-wayes for the time being of every such Parish Town Village or Hamlet within their several Precincts from time to time by Order from the Quarter Sessions and upon the View and by the Allowance and Consent of two or more Iustices of the Peace of the County Authorized thereunto by the Sessions wherein such Parish Town Village or Hamlet shall lye under their Hands and Seals in Writing where any Common or Publick Highway is not of the breadth of Eight Yards from the Shores and Banks of the Ditches on either side or from the Banks and Hedges where there are no Ditches to assign and lay out so much of any Mans several Lands next adjoyning to the said Common and Publick Highway where they shall think it néedful and it may conveniently be done as shall enlarge the said way to the full bredth of Eight Yards or so much broader towards the bredth of Eight Yards then now it is as conveniently the place will bear from the said Shores Ditches Banks or Hedges by the consent of the owner or owners of the said Lands according to his or their respective Interests therein or otherwise by Order of the Iustices of Peace at their Quarter Sessions after a Writ of ad quod Damnum first Issued out and returned to assign and lay out a more near and commodious way in and over the said Lands near adjoyning to the said common and publick Highwayes the said Surveyers first giving such satisfaction for the said Ground unto the respective Owners of the same according to their several and respective Interest in the whole not exceeding twenty years purchase Forfeitures And viz. all Assessments Fines and Penalties for the Highwayes § 12. N. 2. c. be Levied Collected and Gathered by the said Surveyers or any of them by Warrant under the Hands and Seals of any two Iustices of the Peace within the County City Riding Town Corporate Liberty or Limit wherein the same lieth by Distress and Sale of the Goods c. Account And if the said c. Surveyors shall not make such an Account § 13. N. 3. and Payment c. viz. within the year following new Election c. any two Iustices of the Peace living near to or in the said Parish shall and may upon Complaint unto them made Examine the business upon Oath and upon default found in the Surveyor c. shall and may commit him or them to the Common Gaol of that County City Riding Town Corporate Liberty or Limit there to remain until be hath made a true and perfect Account and Payment c. Justices And be it further Enacted That all and every Iustices of Assize § 14. N. 1. Oyer and Terminer and Iustices of the Peace c. are hereby Enabled and Impowered to Inquire after Hear and Determine all matters concerning charitable Gifts for the Making Amending and keeping in Repair any Common High-wayes Pavements Streets and Caus-wayes within the Limits of their Commisson and to make Orders therein for the
special matter in Evidence N. 2. And if the Verdict be found for him or the Plaintiff become Non-suited Damages shall recover his Damages and double Costs of Suit for his unjust vexation in that behalf C. 3. § 3. N. 1. Be it further Enacted that every Sheriff shall on the first day of every General Quarter-Sessions yearly held next after the Feast of Easter Inquest deliver and cause to be delivered unto the Iustices of Peace sitting at the same Sessions the names of all Persons of such Estates viz. xx l. per Annum in England and viij l. per Annum in Wales as are by the true meaning of this Act to be Returned for Iury-men to the end the Estates of such Persons may be enquired after and such Persons approved by the said Iustices of Peace or the greater number of them then present to be Persons of such Estates to be retornable for Iury-men for the year then next ensuing N. 2. And the said Iustices shall have power to add such Persons having Estates of the respective values before mentioned Justices as they shall find to be omitted by the Sheriff amongst the Names by him delivered and such a Competent number and no more of such Persons as aforesaid shall be retornable to serve of Iuries for the year next Ensuing as the said Iustices or the greater number of them as aforesaid shall think fit Statuta 17 Car. 2. Religion VIz. Non-Conformist Parson not to come within five miles of City 17 Car. 2. 2. § 3. N. 4. Town Corporate or Borough that sends Burgesses to Parliament or of place where he was Vicar or Preacher c. before he or they have taken and subscribed the Oath aforesaid viz. against taking Arms against the Kings Commissioner before the Iustices of the Peace at their Quarter-Sessions to be holden for the County Riding or Division next unto the Corporation City or Borough Parish Place or Town in open Court which said Oath the said Iustices are hereby Impowred there to Administer Forfeiture Vpon Forfeiture c. of xl l. c. one third c. to the King N. 5. c. the other third c. to the use of the Poor c. and the other third c. to such c. as shall or will sue for the same c. before any Iustices of Peace in their Quarter-Sessions c. Imprisonment Provided also and be it further Enacted § 5. N. 1. c. That it shall be Lawful for any two Iustices of the Peace of the respective County upon Oath to them of any Offence against this Act which Oath they are hereby Impowered to Administer to Commit the Offender for six months without Bail or Mainprise unless upon or before such Commitment he shall before the said Iustices of the Peace swear and subscribe the aforesaid Oath and Declarations viz. of Conformity and against taking Arms c. Statuta 18 Car. 2. Cattle VIz. any Constable c. may seize Cattle alive or dead fat or lean Imported 18 Car. 2. 2. § 1 N. 4. c. and kéep the same during the space of Eight and Forty hours in some publick or convenient place where such seisure shall be made within which time if the owner c. or any for them c. shall make it appear unto some Iustice of the Peace of the same County where the same shall be so seised by the Oath of two credible Witnesses which Oath the said Iustice of Peace is hereby Impowered and required to Administer that the same were not Imported from Ireland or from any other place beyond the Seas not herein after excepted after the said second day of February then the same upon the Warrant of such Iustice of the Peace shall be delivered without delay 20 Car. 2. 7. § 5. N. 3. Scotland Be it therefore Enacted c. That the said Act C. 3. § 1. N. 2. viz. 13 14 Car. 2. 22. and every Clause c. therein contained and all and every the Powers and Authorities thereby given be continue and remain in force until the end of seven years from the Expiration or Determination of the forementioned Act 29 30 Car. 2. 2. Clergy And be it further Enacted § 2. N. 1. c. That the benefit of Clergy shall be taken away from great known and notorious Thieves and Spoil-takers in the said Counties of Northumberland Cumberland or either of them during the continuance of this present Act who shall be duly Convicted for theft done or committed within the said Counties or either of them Ouster le nere Or otherwise That it shall and may be lawful to and for the Iustices of the Assize and Commissioners of Oyer and Terminer or Goal Delivery N. â before whom such Offenders shall be Convicted within the said Counties or either of them to Transport or cause to be Transported the said Offenders and every of them into any of his Majesties Dominions in America there to remain and not to return c. C. 4. § 1. N. 3. None to be Buried but in Woollen only Drapery c. upon pain of the Forfeiture of the Sum of Five pounds c. to be levied by the Church-wardens and Overseers of the Poor c. by Warrant from any Iustice of the Peace or Mayor Alderman or Head Officer of such City Town or place Corporate respectively within their several Limits by Distress and Sale of the Goods of the Party Interred contrary to this Act c. or in default thereof by Distress and Sale of the Goods of any that had a hand in the putting such Person into such Shift Shirt Shéet or Coffin contrary to this Act or did order or dispose the doing thereof Statuta 19 Car. 2. 19 Car. 2. 3. § 3. N. 2. ANd if any c. shall presume to build Contrary London c. viz. against the rules for Rebuilding the City of London and be Convicted of the same by the Oaths of two or more Credible Witnesses to be taken before the Lord Mayor for the time being or any two or more of the Iustices of the Peace for the said City who are hereby Impowered to Administer the same Oaths that then and in such Case the said House so irregularly built c. shall be déemed as a Common Nusance C. 4. § 1. N. 2. For remedy c. be it Enacted Poor c. That the Iustices of the Peace of the respective Counties viz. where Poor Prisoners have no Work c. at any their General Sessions or the major part of them then there Assembled if they shall find it needful so to do may provide a stock of such Materials as they find convenient for the setting Poor Prisoners on work in such manner and by such wayes as other County Charges by the Laws and Statutes of the Realm are and may be levied and raised and
si dict W. simul cum alliis predict I. G. R. C. M. P. Eliz. G. in eadem domo tunc ibidem inferebant ita quod de vitis tunc desperabatur ac si dict Willielmum simul cum aliis predictis ad tunc ibidem ex malicia tua precogitata eandem cum igne tunc ibidem Felonice comburebant predict I G. R C. M P. Eliz. G. in eadem domo existentes contra pacem c. Ac si W. R. de B. in com predict yeomam W. S. de S. in com predict generos ante feloniam predict ' per ipsum I. G. alium factum perpetratem predict W. S. predict XII die Octob. Anno supradict ' apud B. predict in com predict ' ad Feloniam predict ' sic in fronta predict ' faciendum appetrandum Felonice exitaverunt procuraverunt abettaverunt contra pacem c. Ac si predict W.R. W.S. scientes predictum W. S. simul cum aliis supradict felonium pred in firma pred sic fecisse perpetrasse eundem W. S. postea scilicet XIII die or to be Anno predict ' apud B. predim ' in com predict Felonice receperunt comfortaverunt hospitaverunt concelaverunt contra pacem dicti Dom. Regis c. XXIV West Sym. 2 part 145. § 285. An Indictment for Receiving Coron Aiding and Comforting of a Felon knowing him to have done a Felony Inquiratur pro Dom. Rege c. si R. S. sciens prefatum I. R. Felon pred in forma pred fecisse perpetrasse eundem IX die c. Anno c. in commitat pred Felonice recepit auxiliatus fuit comfortavit contra pacem ' c. Staff ss XXX West Sym. 2 part 147. § 299. An Indictment for Stealing of 4. Oxen and of the Accessaries before and after Joynder Inquiratur pro Dom. Rege c. si A. B. de F. in com N. pred Yeoman 4. die c. Anno Regni c. VI. bonis pretiis c. de bonis Catallis I. S. de W. in com pred invent Felonice fuerat cepit abducit Norff. ss Et si W. de B. de N. in com pred Yeoman 7. die c. Anno Regni c. apud N. in com pred fuerant consentientes abbettant pred A. B. ad Feloniam ' predict in forma predict faciend contra pacem c. Et si H. W. P. R. nuper de c. scientes predict ' A. B. Feloniam predict ' in forma pred fecisse apud T. predict ' alibi in com predict ' predict ' X die c. eundem A. B. Felonice receptaverunt contra pacem c. XXXI West Symp. 2. part 157. § 353. An Indictment for procuring Burglary c. Coron Juratores pro Dom. Rege super sacramentum suum presentant quod I. W. nuper de L. clericus alias dictus Middlesâx ss c. X die May Anno Regni c. apud parochiam de M. magna infra sanctuarum Ibidem in Warda de A. London maliciose Felonice abettavit procuravit P. W. de c. ad Felonice frangendum intrandum in domum W. prioris hospitalis sancti Johannis Jerusalem in Anglia apud St. James Clarkenwel in predict ' com M. infra predict hospitalem predict ' Prioris ibidem ibidem Felonice furatum capiend ' asportandum unum Cyphum Argenteum de auratum vocat a Goblet predict prioris ad valent c. unam olam argent perecel de aurat ejusdem prioris ad valentiam c. alia bona predicta prioris ibidem existent quam quidem abbettationis procurationis pretextu predict R. X die c. Anno supradict c. vi Armis c. Domum mansionem dicti prioris apud c intra hospitionem predict c cura horam secundam in Turrora ante meridiem ejusdem die Burglariter Felonice fregit predict cyphum de Argent de Aureat vocat a Goblet ad valentiam C S predictam ollam Argent percel de Aureat ad valent X li ac alia bona ejusdem priores viz. duo saliseria de Argent de Aureat ad valentiam X l S c. de bonis catallis dicti prioris ad tunc ibidem invent Felonice furat fuit cepit aspertavit contra pacem c. Action see Information Account Church-Wardens Collectors Surveyors Overseers Ways Poor Taxes Poor 1. BY 5 Eliz. 3. § 6. N. 1. the Gatherers or Collectors for the Poor shall make their just account quarterly to the Mayor or chief Officers of the said Cities Burroughs and Towns Corporate and in every Parish of the said County to the Parson Vicar or Curat and Church-Wardens of the Parish at which account such of the Parish as will may be present Officers II. 5 Eliz. 3. § 6. N. 3. and if the said Collectors or any of them do refuse to make their said account within eight days after request made to them for the same then the Bishop of the Diocess or the Ordinary of the place Chancellors or their Commissaries together with a Justice of Peace and the Church-Wardens of the said Parish or one of them shall have Authority by virtue of this Act upon complaint to them made to commit the said person or persons so refusing to Ward there to remain without Bail or Mainprise until he or they so refusing shall make their said accounts before such persons as the said Bishops Ordinary Chancellors or Commissaries and Justices of the Peace shall appoint and so make immediat payment of the Sums wherewith by determination of the said account they shall be charged Days III. 14. Eliz. 5. § 18. N. 1. the Collectors for the Poor shall make their just account half-yearly of their Collection and Gathering to two Justices of the Peace dwelling next to the abiding place not being within any City c. Contempt IV. Eliz. 5 § 18. N 4. and if any Collector for the Poor refuse or Neglect to make his account by the space of 14 days after request to him therefore made then the said two Justices or one of them to commit the said Collector to the next Goal for the said County there to remain without Bail or Mainprise till he have made his said account and immediat payment of all such sirplusage as he hath received Ordinary V. 14 Eliz 5. § 30. N 4. and that it shall be lawful to the Bishop of the Diocess for the time being where such Hospital viz. that hath no local visitor is or shall be or his Chancellor upon complaint or other intelligence of just cause to take account how the Rents Revenues and Profits of any such Hospital hath been bestowed and spent to call before him or them at the said Hospital to account all such persons as have had the Collection or
and indifferent persons dwelling next about the Lands so Entred as before to enquire of such Entreies 2. Whereof every man which shall be Impannelled to Enquire in this behalf shall have Land or Tenement of the yearly value of xl s. by the year at the least above reprises 3. And that the Sheriff Retorn Issues upon every of them at the day of the first Precept Retornable 20 s. and at the second 40 s. and at the third time 100 s. and at every day after the double 4. And if any Sheriff or Bailiff within a Franchise having Retorn of the Kings Writ be slack and make not Execution duly of the said Precepts to him Directed to make such Inquiries that he shall forfeit to the King 20 l. for every default and moreover shall make Fine and Ransom to the King XI 8 H. 6. 9. § 5. N. 1. And that as well the Justices or Justice aforesaid as the Justices of Assise and every of them at their coming into the Country to take Assizes shall have and every of them shall have power to hear and determine such defaults and negligences of the Sheriffs and Bayliffs and every of them as well by Bill at the Suit of the party grieved for himself as for the King to sue by Indictment only to be taken for the King 2. And if the Sheriff or Bayliff be duly attainted in this behalf by Indictment or by Bill that he which sueth for himself and for the King have the one moiety of the Forfeiture of 20 l. together with his Costs and Expences 3. And that the same Process be made against such persons Indicted or sued by Bill in this behalf as should be against persons Indicted or Sued by Writ of Trespass done with Force and Arms against the Peace of the King XII 8 H. 6. 9. § 6. N. 1. And moreover if any person be put out or disseised of any Lands or Tenements in forcible manner or put out peaceably and after holden out with strong hand or after such Entry any Feoffment or Discontinuance in any wise thereof be made to defraud and take away the right of the Possessor that the party grieved in this behalf shall have Assize of Novel Disseisin or a Writ of Trespass against such Disseisor 2. And if the party greived recover by Assize or by Action of Trespass and it be found by Verdit or in other manner by due Form in Law that the party Defendant entred with Force into the Lands and Tenements or them after his Entry did hold with Force that the Plaintiff shall recover his Treble Damages against the Defendant 3. And moreover that he make Fine and Ransom to the King 4. And that Mayors Justices or Justice of Peace Sheriffs and Bayliffs of Cities Towns and Borroughs having Franchises have in the said Cities Towns and Burroughs like power to remove such Entries and in other Articles aforesaid rising within the same as the Justices of Peace and Sheriffs in Countyes and Countryes aforesaid have XIII 8 H. 6. 9. § 7. N. 1. Provided always that they which keep their Possessions with Force in any Lands and Tenements whereof they or their Ancestors or they whose Estate they have in such Lands and Tenements have continued their possessions in the same by three years or more be not endamaged by Force of this Statute Justices XIV Lambert 140. This Statute 8 H. 6. 9. § N. Enableth any one Justice of the Peace to give remedy in this hurt of Forcible Entry and holding and is made as well against such as enter with force and then hold peaceably and against those that enter in peaceable sort and then maintain their possession forcibly as also against as many as do both enter and hold in forcible manner 3 Ed. 4. 19. Forcible Entry Br. 15. F.N.B. 148. Dalt 56. cap. 22. 194. cap. 76. Disseisin XV. Lambert 141 142. Walking over another mans ground to Hawk Hunt Fish cut Grass or fell Trees or taking Goods is a Disseisin with Force and Arms 34 H. 6. 26. Acc. sur Stat. Br. 8. Briefe Br. 522. 11 Ass 26. 11 H. 4. 16. 21 Ed. 3. 34. Assize 301. and yet I doubt also whether any of these be of themselves forcible Entries of that nature which these Statutes do take in hand to punish for albeit they have in them more actual force then those other Trespasses c. Yet whilst the doer of them neither executeth apparent violence against any person nor is furnished with Weapon nor armed with Company that may offer any dreadfull disturbance I see not how those Statutes which have for their only mark strong hand and multitude of people can hurt or so much as hit him Cromp. 68. § 1. Dalt 195. cap. 77. XVI Lambert 142. So that if a man were Indicted upon this Statute Riot 8 H. 6. 9. for that he Disseised another vi Armis viz. Gladiis c. without saying manu forti c. or cum multitudine c. the Bill as I think would be insufficient unless it were holpen by concluding afterwards contra form ' Statuti predicti or by some other matter that implyeth so much Dalt 195. cap. 77. XVII Lambert 145. Seisin If a Justice of the Peace come to the house that is supposed to be holden with force and there findeth but one person which obstinately keepeth the Door shut against him and will not suffer him to enter this is a forcible holding by Marrow So is it if when the Justice entreth the house he shall find persons harnessed or in other Warlike sort appointed or having such furniture lying ready in the House to be used by them by Marrow But if a man shall peaceably enter into a House wherein he findeth Armor or Weapon for the War then as I think the only suffering it to remain there without the use thereof will not charge him as a forcible holder Crompt 70. b. § 40. Dalt 57. cap. 2â 197. cap. 77. Boult 123. cap. 29. § 11. XVIII Lambert 146 147. Touching the Recording of the Force Reeords although both this Statute 8 H. 6. 9. § 2. N. 3. 15 R. 2. 2. § 1. N. 2. have mention that the Justice shall upon complaint made unto him by the party grieved go to the place c. yet that doth not inforce any necessity of such complaint for it is holden 7 Ed. 4. 18. Crompt 64. a. that a Justice of Peace may Record a forcible Entry or holding or may enquire of it and make restitution also upon any Information or knowledge thereof whatsoever tho no complaint at all be brought unto him by any party grieved thereby Poult de Pace 38. § 16. Boult 122. cap. 29. § 8. XIX Crompt 67. b. 68. a. § 4. Justices If a man enters with Force upon the possession of a Justice of Peace it seemeth he himself may Record this Force and Commit him tho he is party himself to the matter
2. N. 1. Dalt 21. cap. 6. Pope CXVII Lamb. 358. Two Justices of the Peace the one being of the Quorum may require any person of Eighteen years of Age or above Convict or Indicted for Recusancy for not repairing to Divine Service or which hath not received the Sacrament twice within the year then next past or any unknown person passing through the County confessing or not denying being Examin'd upon Oath him or her self to be a Recusant or that he or she received not the Sacrament other then Noblemen or Noblewomen to take the Oath in this Statute appointed and are to certifie in writing at the next Quarter Sessions the names and place of persons so taking the Oath and to commit refusers to the common Goal without Bail until next Assizes or Quarter Sessions 3 Jac. 4. § 13. N. 2. c. Dalt 87. cap. 36. CXVIII 5 6 Ed. 6. 24. § 2. N. 1. No person to make Felts Apparel Hats or Coverlets but by License by Mayor Recorder Steward and two Justices of Peace of the said City of Norwich or by four of them c. Lambert 359. CXIX 35 H. 8. 11. § 4. N. 1. Provided Wales That two Justices in every County of Wales and Monmouth may Tax Inhabitants for Wages of Citizens and Burgesses of Parliament Lamb. 359. CXX 11 H. 7. 9. § 1. N. 5. None to let Ferm in Tindal and Examshire Peace till Lessee with two Sureties of 40 s. per Annum be bound to the King by Recognizance in 20 li. before two Justices of the Peace of Northumberland Quorum unus to appear on six days notice before them or at any Sessions c. Lamb. 359. CXXI Lamb. 359. Purveyors That two Justices have power on 2 3 Phil. Mar. 15. § N. 13 Eliz. 21. § N. for prohibition of Purveyors within five miles of either of the Universities CXXII Lamb. 359. Two Justices of Peace one of the Quorum Ways have power on 14 H. 8. 6. § N. 26 H. 8. 7. § N. for laying out new High-ways in Kent and Sussex CXXIII Lamb. 359. Two Justices Quorum unus have power for repair of Cardiff Bridge 23 Eliz. 11. § N. CXXIV Lamb. 359. The like for the making of the Bridge of Wilton over Wye in the County of Hereford 39 Eliz. 24. CXXV Lamb. 359. The like for repair of Chepstow Bridge 3 Jac. 23. CXXVI 35 Eliz. 6. § 2. N. 4. Cottages None to Erect new Building for Habitation within three Miles of London except Assess'd to Subsidy at 5 li. Goods or 3 li. Lands or shall be adjudged by the two next Justices of Peace by writing under their Hands and Seals to be fit and able to be Assessed in the Subsidy at that rate c. Lamb. 359. CXXVII Crumpt 199. b. Two Justices of Peace may give License to Fencers Bearwards Common-Players in Enterludes Minstrels Juglers License Pedlers Tinkers and petty Chapmen to go so that they shall not be taken for Rogues 14 Eliz. 5. 39. Eliz. 4. § N. CXXVIII Lamb. 360. Riot Three Justices of the Peace one of them being of the Quorum may discharge out of Prison any Person committed thither for his Offence in not declaring to a Justice within 24 hours that he was moved to joyn in any unlawful Assembly contrary to 1 Mar. 1. St. 3. cap. 12. § 11. N. 1. 1 Eliz. 17. § N. Crumpt b. CXXIX Lamb. 360. Apprentice It is requisite that the Certificate that is to be made to the head Officer of a City or Town Corporate where a Child is to be put Apprentice to a Merchant Mercer Draper Goldsmith Ironmonger Imbroyderer or Clothier that the Father or Mother of such Child may dispend forty Shillings freehold by the year be under the Hands and Seals of three Justices of the Peace where the Lands lye 5 Eliz. 4. § 27. N 2. Crumpt 200. b. CXXX Lamb. 360. 361. Four Justices of Peace of the County Pope Limit or Division where a Recusant is confined according to the Statute of 35 Eliz. 1. § N. With the assent in writing of the Bishop of the Diocess or of the Lieutenant or Deputy Lieutenant of the same County under their hands and Seals may give licence to such Recusant to travail about his necessary business according to the limitation of the same licence the Party licenced first taking his Oath that he hath truly informed them of the Cause of his Journy and that he shall not make any causless stayes 3 Jac. 5. § N. Poor ways CXXXI Lamb. 361. The Bishop and his Chancellor and three such Justices of the Peace have power to examine how mony or other relief appointed by King H. 8. or any other to the use of the Poor or of amending of High-ways or Bridges is bestowed and to call to account the Detainers thereof 14 Eliz. 5. § N. 29 Eliz. 18. § N. Crumpt 200. b. Religion CXXXII Lamb. 361. It seemeth that three such Justices of the Peace may out of the Sessions take Information and Accusation by the Oaths of two honest Persons against such as shall deprave the Sacrament of the Body and Blood of our Lord and Saviour Jesus Christ against the Statute and Examine them what other Witnesses were then by and to bind them all by recognizance to give in Evidence at the day of Tryal 1 Ed. 6. 1. § N. but enquire of this matter Dalt 133. 134. cap. 49. Crumpt 124. a. Ways CXXXIII Lamb. 361. 362. Four Justices of the Peace whereof one to be of the Quorum may where a decayed Bridge is and where it cannot be proved who or what Lands be chargeable to the repairing thereof tax the Inhabitants make Collectors and appoint Overseers for the amendment of the same c. 22 H. 8. 5. Crumpt 200. b. 125. Imprisonment CXXXIV Lamb. 362. Six Justices of the Peace may in sundry Shires take order for the common Goals whereof the Sheriff shall have the Custody and to the which Murderers and Felons c. shall be sent and may do and perform divers incidents thereto by the Statutes 23 H. 8. 2. § N. 13 Eliz 25. § N. Crumpt 200. b. 201. a. Sewers CXXXV Lamb. 362. Six Justices of the Peace two of them being of the Quorum may for a whole year after the expiration of any Commission of Sewers execute the Laws of the Commissioners of Sewers unless that a new Commission of Sewers be published within the year 13 Eliz. 9. § N. Dalt 134 cap. 50. Crumpt 201. Wales CXXXVI 34 35 H. 8. 26. § 57. N. 1. The Justices of Peace in Wales or two of them at the least whereof one to be of the Quorum shall and may keep their Sessions within the limits of their Commissions four times in the year and at other times upon urgent Causes as Justices of Peace in England use to do and shall have like Power and
calling themselves Aegyptians that he shall lawfully seize by vertue of this Statute 22 H. 8. 10. § 5. N. 1. Crompt 178. and 195. § 13. XXXVII Lambert 366. That Justice of the Peace which seizeth the Goods of any Aegyptians Restitution and doth not Incontinently restore such part thereof as shall be proved before him to have been Craftily or Feloniously taken shall forfeit the double thereof to such Provers 22 H. 8. 10. § 4. N. 1. XXXVIII Crompt 129. § 32. If any Outlandish Person naming himself an Aegyptian or any such stranger commits any Murder Enquest Felony or Robbery and upon his Arraignment pleads not Guilty or any other plea tryable by the Country the Enquest in this Case shall be all of English 22 H. 8. 10. § 2. N. 3. And so shall the Enquest be where any of the said Aegyptians is Indicted of Felony for continuance within this Realm by the space of a month Contrary to 1 2 Ph. Mar. 4. § N. and 5 Eliz. 20. XXXIX 22 H. 8. 12. Where in all places throughout this Realm of England Vagabonds and Beggars have of long time increased Laborors and daily do increase in Great and Excessive Numbers by the occasion of Idleness the Mother and Root of all Vices whereby hath Insurged and sprung and daily Insurgeth and springeth continual Thefts Murders and other sundry hainous Offences and great Enormities to the high displeasure of God the inquietation and dammage of the Kings people and to the marvellous disturbance of the commonweal of this Realm 35 Eliz. 7. § 25. N. 1. XL. 22 H. 8. 12. § 1. N. 2. And whereas many and sundry good Laws strict Statutes and Ordinances have been before this time devised and made Contempt as well by the King our Soveraign Lord as also by divers his most noble Progenitors Kings of England for the most necessary and due reformation of the premises yet that notwithstanding the said numbers of Vagabonds and Beggars be not seen in any parts to be punished but rather daily augmented and increased into great Routs and Companies as evidently and manifestly it doth and may appear XLI 22 H. 8. 12. § 1. N. 3. Be it therefore enacted Justices c. That the Justices of the Peace of all and singular the Shires of England within the limits of their Commissions and all other Justices of Peace Mayors Sheriffs Bailiffs and other Officers of all and every City Borough Riding or Franchis whereof they be Justices of Peace Mayors Sheriffs Bailiffs or Officers and so being divided shall make diligent search and enquiries of all Aged Poor and impotent Persons which live or of necessity be compelled to live by Alms of the Charity of the People that be or shall be hereafter abiding within every Hundred Rape Wapentake City Borough Parish Liberty or Franchis within the limits of their Division and after and upon such search made the said Justices of Peace Mayors Sheriffs Bailiffs and other Officers that is to say every of them within their limits of their Authorities whereunto they be divided shall have Power and Authority by their Discretions to enable to beg within such Hundred Rape Wapentake City Town Parish or other Limits as they shall appoint such of the said Impotent persons which they shall find and think most convenient within the limits of their Division to live of the Charity and Alms of the People and to give in Commandment to every such Aged and Impotent Beggar by them enabled that none of them shall beg without the limits to them so appointed Records XLII 22 H. 12. § 1. N. 4. And shall also register and write the names of every such Impotent Beggar by them appointed in a Bill or Roll Indented the one part thereof to remain with themselves and the other part by them to be certified before the Justices of Peace at the next Sessions after such search had to be holden without the said Shires Cities Towns or Franchises there to remain under the keeping of the Custos Rotulorum Seals XLIII 22 H. 8. 12. § 1. N. 5. And that the said Justices of Peace Mayors Sheriffs Bailiffs and other Officers that is to say as they be divided shall have Power and Authority to make such and so many Seals to be Ingraved with the Names of the Hundreds Rapes Wapentakes Cities Boroughs Towns or places within the which they shall appoint and limit every such Impotent Person to beg and commit the said Seals to the custody of such of them or to the custody of such other as they shall think convenient License XLIV 22 H. 8. 12. § 1. N. 6. And shall make and deliver to every such Impotent Person by them enabled to beg a Letter containing the name of such Impotent Person and witnessing that he is Authorized to beg and the limits within which he is appointed to beg Seals XLV 22 H. 8. 12. § 1. N. 7. The same Letter to be sealed with such of the said Seals as shall be engraved with the names of the limits wherein such Impotent Person shall be appointed to beg in and to be subscribed with the name of one of the said Justices or Officers abovesaid Lieu. XLVI 22 H. 8. 12. § 1. N. 8. And if any such Impotent Person so authorized to beg do beg in any other place than within such limits that he shall be assigned unto that then the Justices of Peace Mayors Sheriffs Bailiffs Constables and all other the Kings Officers and Ministers shall by their discretions punish all such persons by Imprisonment in the Stocks by the space of two days and two nights giving them but only bread and water and after that cause every such Impotent Person to be sworn to return again without delay to the Hundred Rape Wapentake City Borough Town Parish or Franchis where they be Authorised to beg in License XLVII 22 H. 8. 12. § 2. N 1. And it is Enacted that no such Impotent Person as is abovesaid after the Feast of the Nativity of St. John Baptist next coming shall beg within any part of this Realm except he be Authorized by Writing under Seal as is abovesaid and if any such Impotent Person after the Feast of St. John be Vagrant and go a begging having no such Letter under Seal as is above specified that then the Constables and all other Inhabitants within such Town or Parish where such person shall beg shall cause every such Beggar to be taken and brought to the said Justice of Peace or High Constable of the Hundred XLVIII 22 H. 8. 12. § 2. N. 2. Pain And thereupon the said Justice of Peace or high Constable shall command the said Constables and other Inhabitants of the Town or Parish which shall bring before him any such Begger that they shall strip him naked from the middle upward and cause him to be whipped within the Town where he was taken or within some other Town
and form following that is to say XCVI 27 H. 8. 25. 26. § 2. N. 3. That all the Governors and Ministers of every of the same Cities Shires Towns Hundreds Corporation Wapentakes Lathes Rapes Ridings Tythings Hamlets and Parishes as well within Liberties as without shall not only succor find and keep all and every of the same poor people by way of voluntary and Charitable Alms within every of the same Cities Shires Towns Hundreds Wapen-takes Luthes Rapes Tythings Hamlets and Parishes as well within Liberties as without to be succored relieved and holden with such convenient and necessary Alms as shall be thought meet by their discretions in such wise as none of them of very necessity shall be compelled to wander Idly and go openly in Begging to ask Alms in any of the same Cities Shires Towns and Parishes But also to cause and compel all and every the said sturdy Vagabonds and valiant Beggers to be set and kept to continual labor in such wise as by their said labors they and every of them may get their own livings with the continual labor of their own hands Sheriffs XCVII 27 H. 8. 25. 26. § 2. N. 4. And every Mayor Alderman Sheriff Bailiff Constable and all other head Officers and Ministers of every County City Town and Parish within this Realm or within any the Kings Dominions as well within Liberties as without and all other persons Inhabitants within any of the same shall endeavour themselves to order and direct the Poor people valiant Beggers and sturdy Vagabonds in such wise as the effect of this present Act shall be duly observed and put in due execution upon pain that every Parish shall lose and forfeit 20 s. for every Month in which it is omitted and undone and that to be enquired of at every Quarter Sessions and to be duely presented and found by the verdict of twelve men Constable XCVIII 27 H. 8. 25. 26. § 3. N. 1. Item It is further Enacted c. That all and every person c. Being Whipt or sent into their Countries in form aforesaid viz. 22 H. 8. 12. § 14. N. 1. at the end of every ten Miles shall repair unto the Constable of any Parish being directly in his way towards the County and place whereunto he is so appointed and upon sight of his Letters given unto him at the time of his whipping and sending of him into the same his Country every the said Constables and others the Kings Subjects shall and may furnish him with Competent Meat Drink and Lodging for one night only or for one Meal and so he shall contiue his daily Journy of Ten Miles until such time as he shall come unto the Hundred and place whereunto he is assigned to go Ability XCIX 27 H. 8. 25. 26. § 4. N. 1. Item It is Enacted c. That all and every Idle person c. Rufflers calling themselves Serving-men as well within the City of London as within all other Cities Shires Towns Parishes and Hamlets of this Realm having no Masters shall be intreated used and ordered in every behalf and to all intents as is contained and specified as well in the aforesaid former Act viz. 22 H. 8. 12. as in this present Act upon the pain aforesaid to be lost and forfeited to the Mayor Aldermen Sheriffs Bailiffs Burgesses Ministers and Inhabitants of every of the same Cities Boroughs and Towns Corporate where any such Rufflers shall be suffered to be resiant and abiding by the space of two days and not punished in form hereafter declared Corporation C. 27 H. 8. 25. 26. § 5. N. 1. It is Ordained c. That all and every the Mayors Governors and head Officers of every Borough and Town Coporate and the Church-wardens or two others of every Parish of this Realm shall in good and Charitable wise take such discreet and convenient order by gathering and procuring of such Charitable and voluntary Alms of the good Christian people within the same with Boxes every Sunday Holy-day and other Festival days or otherwise among themselves in such good and discreet wise as the Poor Impotent Lame Feeble Sick and Diseased people being not able to Work may be provided holpen and relieved so that in no wise they nor none of them be suffered to go openly in Begging And that such as be lusty or having their Limbs strong enough to labor may be daily kept in continual labor whereby every one of them may get their own sustenance and living with their own hands CI. 27 H. 8. 25. 26. § 5. N. 2. Forfeiture Upon pain that all and every the Mayors Governors Aldermen head Officers and others the Kings Officers and Ministers of every the said Cities Boroughs Towns Corporate Hundreds Parishes and Hamlets shall lose and forfeit for every month that it is omitted and undone the sum of 20 s. CII 27 H. 8. 25. 26. § 6. N. 1. Item It is Enacted Lieu. c. That all Leprous and poor Bed-rid Creatures whatsoever they be may at their own liberty remain and continue in such place where they be and shall not be compelled to repair into their Countries according to the tenor and purport of the aforesaid former Act viz. 22 H. 8. 12. § 18. N. 1. Any thing contained in the same Act or in this present Act to the contrary notwithstanding CIII 27 H. 8. 25. 26. § 7. N. 1. Item It is also Enacted Enfant c. that the said Governors Aldermen Justices of the Peace and head Officers Bailiffs and Constables of every City Borough Town Hundred and Parish of this Realm shall have Authority by vertue of this present Act to take up all and singular Children in every Parish within their limits that be not grieved with any notable disease or sickness and being under the age of fourteen years and above the age of five years in Begging or Idleness and to appoint them to Masters of Husbandry or other Crafts or labors to be taught by the which they may get their livings when they shall come to age giving to them of the said Charitable collections as it may conveniently be sustained and borne Arayment to enter into such service CIV 27 H. 8. 25. 26. § 7. N. 2. And if any above the age of twelve years and under the age of sixteen years Apprentice refuse such service or depart from the same without cause reasonable then they to be Arrested and apprehended by any of the said Officers and to be brought before the Mayor Aldermen Justices of the Peace Baliffs Governors Constables and other Officers and Ministers of that limit or circuit where they be taken And if it shall appear by his or their Confession or other sufficient Testimony before the same Officers and Ministers that he or they have refused to serve or have departed from their service without cause reasonable he shall then in the Parish where he was apprehended be openly whipped with Rods
Ed. 6. 3. § 10. N. 8. And the said City Town or Village Laborer shall see the said Slave being able to Labor set on work and not live Idly within the said Premises upon pain for every such default that the said Slave doth live Idly by the default of the City Borough or Town or Village by the space of three working days together the City to Forfeit 5 l. a Borough or Town Incorporate 40 s. and other Town or Village 20 s. whereof the one half to the King our Soveraign Lord the other to him that will sue for the same in any of the Kings Courts of Record by Bill Information or Action of Debt in the which Suits no Essoyn Wager of Law or Protection shall be allowed Corporation CLXIX 1 Ed. 6. 3. § 11. N. 1. Provided and be it Enacted that the City Town and Borough Coporate by the consent of the most part of the Corporation and the Town and Village not Corporate by the consent of the most part of the Inhabitants thereof may set sell or give away the right title and interest of the said Slave to any other Persons as any other Common or Private person may do with his Slave by Virtue of this Act. Lieu. CLXX 1 Ed. 6. 3. § 12. N. 1. Provided always and be it Enacted that if it fortune when the said Vagabond is brought to the said City Town or Village where the said person said he was born to appear and be manifest that he or she was not there born that then for such lye the said Vagrant shall be marked in the face with an S. and be Slave to the Inhabitants or Corporation of the City Town or Village where the said Vagrant said he was born in for ever upon such Conditions and Orders in all points as of a Slave marked in the face is before expressed Alien CLXXI. 1 Ed. 6. 3. § 12. N. 2. The same Law and Order in all points to be had of all Vagrant persons and Vagabonds being born in any other Nation or Country than this Realm as is before expressed of English idle persons marking in the breast or face only excepted that is to say to be had to the next Port and there to be kept of the Inhabitants of the said next Port in convenient Labor and from Idleness or otherwise till they may be conveyed over and then at the costs of the Inhabitants of the said Port to he conveyed over into their Countries Ability CLXXII 1 Ed. 6. 3. § 13. N. 1. And forasmuch as there is many maimed and otherwise lamed sore aged and impotent persons which resort to the City of London and to other Cities Towns and Villages on begging whose coming together and making a number doth fill the streets or high-ways of divers Cities Towns Markets and Fairs who if they were separated might easily be nourished in the towns and places where they were born or where they were or have been most conversant and abiding by the space of three years Trades CLXXIII 1 Ed. 6. 3. § 13. N. 2. Be it therefore Enacted c. that all and singular Mayors Sheriffs Bailiffs Constables or other head-Officers of any City Town or Hundred to which such resort is or shall be shall before the Feast of Purification of our Lady next following see all such Idle Impotent maimed and aged persons who otherwise cannot by their discretions be taken for Vagabonds which were born within the said City Town or Hundred or hath been there most conversant and abiding by the space of three years as is aforesaid and now decayed bestowed and provided for of Tenantries Cottages or other convenient Houses to be lodged in at the costs and charges of the said Cities Towns Boroughs and Villages there to be releived and cured by the devotion of the good people of the said City Borough Town or Village Lieu. CLXXIV 1 Ed. 6. 3. § 13. N. 3. And that they do not suffer after the time before rehearsed any other than such as either were born or have been for the most part conversant or abiding for the space aforesaid in the said City Borough Village or Town to remain and beg abroad within the Precincts of such Cities Towns Villages or Hundreds Forfeiture CLXXV 1 Ed. 6. 3. § 13. N. 4. Upon pain that every such Mayors Sheriffs and Bailiffs Constable or other head-Officer by what names soever he be called suffering any person to beg within the precinct of his or their such Jurisdiction other than is before rehearsed for every three days shall forfeit 10 s. to whomsoever will sue therefore by Bill Information or Action of debt in any Court of Record in the which suits no Essoyn Wager of Law nor Protection shall be allowed CLXXVI 1 Ed. 6. 3. § 14. N. 1. And for the better performance hereof be it Enacted c. that the Mayor of the City of London Corporation and all other Mayors Bailiffs Sheriffs Constables and other Head-Officers of every City and Town Corporate do with all convenient speed by themselves or their sufficient Deputies by them appointed before the Feast of the Purification next coming and so from time to time every month once make a view and Examination of Aged Impotent and Lame persons Beggers as be within the precinct of their Jurisdiction CLXXVII 1 Ed. 6. 3. § 14. N. 2. And see all such as were not born Settlement nor have been for the most part conversant and abiding there by the space of three years compleat conveyed on Horseback Cart or Chariot or otherwise as shall seem by their discretions to the next Constables and they to convey the same to the next Constables and so from Constables to Constables till the said persons be brought to the place where they were born or most conversant and abiding as is aforesaid there to be provided for kept and nourished of Alms as is aforesaid CLXXVIII 1 Ed. 6. 3. § 14. N. 3. Upon pain that every such Mayor Forfeiture Sheriff or Constable Head-borough or Head-Officer not making view not sending or conveying away not receiving or not providing as is before appointed according to the true purport or meaning of this Act to forfeit for every such default 40 s. whereof the one half to the Kings use the other to the party that will sue therefore in any of the Kings Courts of Record by Bill Information Action of Debt in the which suits none Essoyn Wager of Law nor Protection shall be allowed CLXXIX 1 Ed. 6. 3. § 15. N. 1. Provided always Ability that if any of the said aged maihmed or Impotent persons of the Cities Towns or Villages where they were born in or had their most abiding as is aforesaid be not so Lame or Impotent but that they may work in some manner of work that then such City Town Parish or Village do either in common provide some such work for them as they may
Statutes of this Relam have not been put in due Execution and partly also by reason of the multitude of the same the extremity of some whereof have been occasion that they have not been put in ure 5 Eliz. 3. § 1. N. 6. CXCVI. 3 4 Ed. 6. 16. § 1. N. 2. Therefore and for divers good considerations it is Enacted c. that the Statute Villenage c. viz. 1 Ed. 6. 3. § 2. N. 3. concerning idle persons and Vagabonds in certain cases to be made Slaves c. and all and every Article matter proviso branch and sentence therein contained shall be from henceforth utterly repealed made frustrate void and of none effect 21 Jac. 28. § 11. N. 28. 69. CXCVII 3 4 Ed. 6. 16. § 2. N. 1. And that the Statute Continuance c. viz. 22 H. 8. 12. And every matter article proviso branch and sentence therein contained to be from henceforth revived made good and stand in full strength and vertue and shall continue and remain a perfect Act of Parliament for ever CXCVIII. 3 4 Ed. 6. 16. § 3. N. 1. And be it therefore Enacted Justices c. that all Justices of Peace and every of them within the limits of their Commission and the Mayors Sheriffs Bailiffs and other Officers within their several rules and offices shall within their several limits assemble together and make their several division according to the purport and effect of this Act at the next general Quarter Sessions of the Peace to be holden after the Feast of Easter next to come for the due speedy and diligent Execution of the same Act viz. 22 H. 8. 12. CXCIX 3 4 Ed. 6. 16. § 3. N. 2. And that if any such aged or impotent person after the Feast of Easter next to come Ability shall offend contrary to this Estatute that then the said offender shall be used and punished as in the same Estatute c. viz. 22. H. 8. 12. § N. is provided CC. 3 4 Ed. 6. 16. § 3. N. 3. And that before the Feast of Easter Pain no punishment shall be put in Execution against any such Impotent Lame and Aged person but only by the discretion of the next Justice of Peace of the same Shire where such offender shall be apprehended any thing in said Act viz. 22 H. 8. 12. to the contrary notwithstanding CCI. 3 4 Ed. 6. 16. § 4. N. 2. Be it Enacted Husbandry c. that such common laborers viz. in Husbandry being persons able in body using loytering and refusing to work for such reasonable wages as is most commonly given in the parts where such persons shall dwell shall be for every such times as he or they refuse to labor having reasonable wages as is aforesaid adjudged Vagabonds and shall be punished as strong and mighty Vagabonds in such manner and form as is declared in the said Act viz. 22 H. 8. 12. § N. Cottages CCII. 3 4 Ed. 6. 16. § 4. N. 4. Be it Enacted c. that all and singular Mayors Sheriffs Bailiffs Constables or other Head-Officers of any City Town or Village to which such resort is or shall be shall before the Feast of the Purification of our Lady next following see all such Idle Impotent Maihmed and Aged persons who otherwise cannot by their discretions be taken for Vagabonds which were born within the said City Town or Village or have been there most conversant and abiding by the space of three years and now decayed bestowed and provided for of the Tenantries Cottages or other convenient Houses to be Lodged in at the costs and charges of the said Cities Towns and Boroughs and Villages there to be relieved and cured by devotion of Good people of the said City Borough Town or Village 1 Ed. 6. 3. § 13. N. 2. Continuance CCIII 3 4 Ed. 6. 16. § 9. N. 1. And be it further Enacted c. that all and every Statute and Act of Parliament made for punishment of Vagabonds Slaves Aged and Impotent persons or any of them and every Article Sentence Clause or Proviso therein contained other than this pre-present Act and Statute made and the said Act c. viz. 22 H. 8. 12. shall be from henceforth utterly void repealed and of no effect or force Records CCIV. 3 4 Ed. 6. 16. § 11. N. 2. And the said Judgment viz. 1 Ed. 6. 3. § 7. N. 3. 4. shall be entred by the Clerk of the Peace in the said Sessions in form following Memorandum that at the Sessions of the Peace holden at or on the day c. one J. B. of the Town of J. had delivered to him according to the form of the Statute in that case provided B. D. esteemed to be of the age of seaven or eight years to be ordered according to the form of the said Statute Infant CCV 3 4 Ed. 6. 16. § 12. N. 1. And if it shall fortune such Child so adjudged to run away at any time once or more times from his or her Master or Mistres that then it shall be lawful for every such Master or Mistres to take the said Child again and to keep and punish the said Child in the Stocks or otherwise by discretion or otherwise at the liberty of such Master or Mistres to have a Warrant from any Justice of Peace in the same Shire where the Child so runs away for such Child running away or going away as is provided by the Statute of Laborers viz. 12 Ric. 2. 3. for such Servants as depart away from their Master or Mistres without a reasonable cause before the end of their terme 1 Ed. 6. 3. § 7. N. 5. Justices CCVI. 3 4 Ed. 6. 16. § 13. N. 1. And that every Justice of Peace shall by force of this Act have Authority and power to make such warrant against every such person so going and runing away in like form as they or any of them may do against any Servant departing out of his Masters service without License or reasonable cause and by force of the same Warrant the Child so running or going away to be taken and ordered in every degree as is provided by the said Statute c. viz. 12 Ric. 2. 3. as is aforesaid Apprentice CCVII. 3 4 Ed. 6. 16. § 14. N. 1. And be it further Enacted c. that if and as often as it shall chance the Father Mother Nource or other bearer about of the Child or any other person or persons to steal or intice away any such Child adjudged for a Servant as is aforesaid that then and so often it shall be Lawful for the Master or Mistres of the same Child to be at his or their liberty to take an action upon the Statute of laborers viz. 12 Ric. 2. 3. against every such person so stealing or Inticing away such Child as he or they might have by reason of the said
Statute c. against him or them that retains any mans Servant out of his service before the end of the said term or else to take an Action of Trespas against such offender in which Action he shall recover his dammages and treble costs of his suit CCVIII 3 4 Ed. 6. 16. § 15. N. 1. Provided always Justices and be it Enacted c. that if the Master or Mistres to whom such Child as is aforesaid shall be adjudged to be Servant be unreasonable in ordering and bringing up of such Child that then at all times upon complaint made at the General Quarter Sessions of the Peace in the County where the said Child shall be by two honest Neighbours of the same place or Town where the same Child shall fortune to be so unreasonably ordered if it shall appear by honest witness to the Justices of Peace at the same Sessions the complaint thereof made shall be true then the Justices of Peace at their General Sessions in the same Shire where such complaint shall be made shall by virtue of this Act have Authority and power to discharge the said Child from his or their unreasonable Master or Mistres CCIX. 3 4 Ed. 6. 16. § 15. N. 2. And appoint the same to some other honest Master or Mistres unto the said ages Infant to be ordered in every degree as the said Child should have been with his former Master or Mistres and that order and appointment to be written in the book of the Clerk of the Peace CCX 3 4 Ed. 6. 16. § 15. N. 3. For the which entry the said Clerk of the Peace shall have 4 d. for his labor and not above Fees and in like manner shall have 4 d. and not above for the first entry of the Child to be servant as is aforesaid to be paid by the Master or Mistress of the said Child CCXI. 3 4 Ed. 6. 16. § 16. N. 1. Provided always and be it Enacted Women c. that if the Woman Child to be appointed a Servant as is aforesaid be Marryed before the Age of 12 years that then by the Marriage she shall be discharged of service this Act or any thing therein contained to the contrary notwithstanding 1 Ed. 6. 3. § 18. N. 2. CCXII. 5 6 Ed. 6. 2. § 1. N. 2. Be it Enacted Continuance c. that as well the Statute c. viz. 22 H. 8. 12. as also the Statute c. viz. 3 4 Ed. 6. 16. and every Article Clause Branch Sentence and other thing contained in them and in every of them other then such things as shall be by this present Act ordained and provided for shall stand remain and be in their full force and effect and shall be from henceforth justly and truly put in Execution according to the true meaning of the said several Statutes and every of them CCXIII. 5 6 Ed. 6. 2. § 2. N. 1. And further be it Enacted Assembly c. that yearly one Holyday in Whitsunday week in every City Borough and Town-Corporate the Mayor Bailiffs or other head Officers for the time being and in every other Parish of the Country the Parson Vicar or Curate and the Church-wardens having in a Register book as well all the Names of the Inhabitants and Householders as also the Names of all such Impotent Aged and Needy persons as being within their City Borough Town-Corporate or Parish are not able to live of themselves shall openly in the Church and quietly after Divine Service call the said Householders and Inhabitants together CCXIV. 5 6 Ed. 6. 2. § 2. N. 2. Among whom the Mayor Overseers and two of his Brethren in every City the Bailiffs or other Head-Officers in Boroughs and Towns-Corporate The Parson Vicar or Curate and Church-wardens in every other Parish shall elect nominate and appoint yearly two able persons or more to be Gatherers and Collectors of the charitable Alms of all the residue of the People for the releif of the Poor Taxes CCXV 5 6 Ed. 6. 2. § 2. N. 3. Which Collectors the Sunday next after their Election or the Sunday following if need require when the people is at the Church and hath heard Gods holy Word shall gently ask and demand of every man and woman what they of their charitable Will will be contented to give weekly to the releif of the Poor and the same to be written in the said Register or Book Charity CCXVI 5 6 Ed. 6. 2. § 2. N. 4. And the Gatherers so being elected and chosen shall justly gather and truly distribute the same charitable Alms weekly by themselves or their Assigns to the said poor and impotent persons of the said Cities Boroughs Towns Corporate or Parishes without Fraud or Covin Favour or Affection Alms. CCXVII 5 6 Ed. 6. 2. § 2. N. 5. And after such sort that the more Impotent may have the more help and such as can get part of their living to have the less and by the discretion of the Collectors to be put in such labor as they be fit and able to do Beggers CCXVIII 5 6 Ed. 6. 2. § 2. N. 6. But none to go or sit openly a begging upon pain limited in the foresaid Statutes viz. 22 H. 8. 12. 3 4 Ed. 6. 16. Officer CCXIX. 5 6 Ed. 6. 2. § 3. N. 1. Be it also Enacted c. that no person or persons so elected nominated and appointed to be Gatherer or Gatherers as is aforesaid shall refuse the said Office but shall justly and truly execute the same by the space of one whole year next ensuing upon pain of forfeiting 20 s. to the Alms box of the Poor to be levyed by the Church-wardens where they or he dwelleth of the Goods of the said Gatherer or Gatherers Account CCXX 5 6 Ed. 6. 2. § 4. H. 1. And further be it Enacted c. that the said Gatherers or Collectors shall make their just Account Quarterly to the Mayor of the City Bailiffs or Head-Officers of the Borough or Town Corporate and in every Parish of the Country to the Parson Vicar or Curate and Church-wardens of the Parish Account CCXXI 5 6 Ed. 6. 2. § 4. N. 2. At which Account such of the Parish as will may be present Arearges CCXXII 5 6 Ed. 6. 2. § 4. N. 3. And when they go out of their Office they shall deliver or cause to be delivered forthwith upon the end of their Accounts all such Surplusage of Mony as then shall remain of their Collections undistributed to be put in the common Chest of the Church or in some other safe place to the use of the Poor at the oversight and discretion of the said Mayor or other the Officers before mentioned Account CCXXIII. 5 6 Ed. 6. 2. § 4. N. 4. And if the said Collectors or any of them do refuse to
make their said Account within eight days then the Bishop of the Diocess or Ordinary shall have Authority by Virtue of this Act to compel the said person or persons by Censures of the Church to make their said Accounts before such persons as the said Bishop or Ordinary shall appoint Charity CCXXIV. 5 6 Ed. 6. 2. § 5. N. 1. And be it further Enacted c. that if any person or persons being able to further the charitable Work do obstinately and frowardly refuse to give towards the help of the Poor or do wilfully discourage others from so charitable a deed the Parson Vicar or Curate and Church-wardens of the Parish where he dwelleth shall gently exhort him or them towards the releif of the Poor Ordinary CCXXV. 5 6 Ed. 6. 2. § 5. N. 2. And if he or they will not so be perswaded then upon the Certificate of the Parson Vicar or Curate of the Parish to the Bishop of the Diocess the same Bishop shall send for him or them to induce and perswade him or them by Charitable waies and means and so according to his discretion to take order for the reformation thereof 5 Eliz. 3. § 7. N. 3. CCXXVI 5 6 Ed. 6. 2. § 6. N. 1. And for the better maintenance of this Charitable work ordained Abbe c. that whereas the late King of Famous Memory King Henry the eighth by his several Erections and foundations hath ordained and appointed any summ or summs of Mony to the use of the poor not being taken away otherwise by Act of Parliament whether the same be in any Cathedral-Church Colledge or elsewhere the Bishop of the Dioces for the time being shall from time to time Examine how and after what manner the mony is bestowed and to call to account the Parties which retain the said mony so that it may appear the same is distributed to the Poor according to the Kings Majesties foundation CCXXVII 5 6 Ed. 6. 2. § 9. N. 1. Provided always and be it further Enacted c. that this present Act nor any thing therein contained Franchis shall extend or be prejudical unto the Mayor Sheriffs and Citizens of the City of Chester for or concerning any gift or Grant of any Annuity or yearly rent heretofore made given or granted by the Kings Majesty that now is unto the said Mayor Sheriffs and Citizens of the said City going out of any Manners Lands Tenements and Hereditaments of the Cathedral-Church of Christ and our Lady within the City of Chester but that the same Mayor Sheriffs and Citizens shall and may from henceforth receive use and imploy the same Annuities yearly rents and profits to such uses and intents and according to the said gift of our said Soveraign Lord the King any thing in this act to the contrary notwithstanding CCXXVII 5 6 Ed. 6. 2. § 7. N. 2. This Act to endure to the end of the first Session of the next Parliament Continuance 7 Ed. 6. 11. § 11. N. 4. CCXXIX 5 6 Ed. 6. 21. Forasmuch as it is evident that Tinkers Trades Pedlers and such like Vagrant persons are more hurtful than necessary to the Common wealth of this Realm 1 Jac. 25. § 47. N. 2. 14 Eliz. 5. § 5. N. 5. CCXXX 5 6 Ed. 6. 21. § 1. N. 2. Be it Enacted c. that License c. no person or persons commonly called Pedler Tinker or petty Chapman shall wander and go from one Town to another or from place to place out of the Town Parish or Village where such persons shall dwell and sell pins points laces gloves knives glasses tapes or any such kind of wares whatsoever or gather cunny-skins or such like thing or use or exercise the trade or occupation of a Tinker but only such persons c. as shall be thereunto Licensed 1 Jac. 25. § 42. N. 1. CCXXXI 5 6 Ed. 6. 21. § 1. N. 3. And that in such Circuit or compass as shall be to him or them Assigned by two Justices of Peace Justices or more of the Shire where he or they shall dwell by writing under their hands and seals CCXXXII 5 6 Ed. 6. 21. § 1. N. 4. Upon pain that every person Justices which shall offend contrary to the meaning of this Act shall by any Justice of the Shire where the same offence shall be committed upon complaint and due proof had by witness or otherwise be imprisoned by the space of fourteen days at the least CCXXXIII 2 3 Ph. Mar. 5. § 2. N. 1. Be it Enacted Continuance c. that the Statute c. viz. 22 H. 8. 12. and also the Statute c. viz. 3 4 Ed. 6. 16. concerning Beggers Vagabonds and Idle persons and every Article Clause Branch Sentence and other things contained in them and in either of them other than such things as shall be by this present Act otherwise ordained and provided for shall stand remain and be in their full force and effect and shall also from henceforth justly and truly be put in Execution according to the true meaning of the said several Statutes and either of them Records CCXXXIV 2 3 Ph. Mar. 5. § 3. N. 1. And further be it Enacted c. that yearly on some one Holyday in the Christmas in every City Borough and Town-Corporate the Mayor Bailiffs and other Head-Officers for the time being and in every other Parish of the County the Parson Vicar or Curate and the Church-wardens having in a Register or book as well all the Names of the Inhabitants and Householders and also the Names of all such Impotent Aged and Needy persons as being within their City Borough Town-Corporate or Parish are not able to live of themselves or with their own labor shall openly in the Church and quietly after Divine service call the said Householders and Inhabitants together 5 6 Ed. 6. 2. § 2. N. 1. Certificate CCXXXV 2 3 Ph. Mar. 5. § 7. N. 1. And be it further Enacted c. if it shall chance any Parish to have in it more Poor and Impotent folks not able to labor than the said Parish is able to relieve that then in every such not standing in any City or Town-Corporate the Mayor or Chief-Officers of the same City or Town-Corporate calling to them two or three of the Chief Parishioners of the same Parish such as the said Mayor or Head-Officer shall think meet shall certifie unto the Justices of Peace of the County where the same Parish is the Number and Names of the persons with which they be surcharged License CCXXXVI 2 3 Ph. Mar. 5. § 7. N. 2. And upon such Certificate the said Justices of Peace in the same County or two of them whereof one to be of the Quorum shall consider and Examine the said Certificate and finding the same true shall then grant unto such and
as many of the said Poor folks as by their discretion they shall think good a sufficient Licence under the seal appointed for the limit to go abroad to beg get and receive the Charitable Alms of the Inhabitants of the Country out of the said Parishes Cities and Towns so charged License CCXXXVII 2 3 Ph. Mar. 5. § 7. N. 3. In which Licence the places Towns and Parishes to which such Poor folks are by that License Licensed to resort shall in the same License be named limited and appointed be it one Hundred or more in the said County at the said discretion of the same Justices Lieu. CCXXXVIII 2 3 Ph. Mar. 5. § 7. N. 4. And if any of the said Poor folks so Licensed shall transgress the limits to them appointed and resort to beg at other places than is in the said License named the party so transgressing and offending to be taken for a Valiant Begger and punished according to the Statute c. viz. 22 H. 8. 12. and his or their License to be taken from them Corporation CCXXXIX 2 3 Ph. Mar. 5. § 8. N. 1. And be it further Enacted that where any of the said Cities Boroughs Towns-Corporate or Parish so surcharged is situate and standing in one County or two Counties of this Realm or situate and standing in one and immediatly adjoyning to another County of the Realm as the City of Bristow and Towns of Ludlow and Stanford stand that in those Cities the said Mayor Head-Officers and Inhabitants of every such City Borough Town-Corporate and Parish shall make Certificate unto the Justices of the said Counties adjoyning to the same Cities Boroughs Towns-Corporate and Parishes and the same Justices of the said adjoyning County or Counties to do give License and follow the order above remembred according as other Justices of the Counties in which the Parish surcharged standeth is limited and Authorized to do CCXL 2 3 Ph. Mar. 5. § 9. N. 1. And be it Enacted Corporation that in all Cities Boroughs and Towns-Corporate within which be divers Parishes the Mayors and Head-Officers of every the same Cities Boroughs and Towns-Corporate shall consider the state and Ability of every such Parish and if the same Mayor and Officers shall understand by their discretion that the Parishioners of every one of the said Parishes is of such Wealth and Honor that they have no poverty amongst them or be able sufficiently to releive the poverty of the Parish where they inhabit and dwell and also to help and succor poverty elsewhere further that then the said Mayor and Officers with the assent of two of the most honest of the Inhabitants and substantial of every such wealthy Parish shall consider the neediness of the Inhabitants of the other Parish or Parishes within the same City or Town-Corporate and move induce and perswade the Parishioners of the Wealthier Parish Charitably to contribute somewhat according to their ability towards the Weekly relief succor and consolation of the poor and needy within the other Parish or Parishes aforesaid where need is CCXLI. 2 3 Ph. Mar. 5. § 10. N. 1. And be it also Enacted that all and every such Poor folks as by any such License Notice are to be Licensed and authorized to resort out of the limits liberties and franchises of all and every such City Borough and Town-Corporate into any the said Counties to beg get and gather the Charitable Alms of good people shall at all times when the same go abroad to beg weare openly upon him or them both on the breast and the back of his or their uttermost Garment some notable Badge or Token to be assigned unto him by the Mayor or Head-Officers of the same City Borough and Town-Corporate or Parish with the assent of the Justices of Peace that shall grant the same License upon pain to be taken for a valiant begger and to be punished as afore is remembred and shall also carry his License with him upon like pain CCXLII. 2 3 Ph. Mar. 5. § 10. N. 2. This act to endure to the latter end of the first Session of the next Parliament Continuance 1 Eliz. 18. § 3. N. 5. CCXLIII 2 3 Ph. Mar. 5. § 12. N. 1. Provided always and be it Enacted London c. that all and every summ and summs of mony from henceforth to be collected or gathered within the City of London or the liberties of the same by vertue of this Act shall be paid over to the Governors of the Hospital called the Hospital of Christ-Church within the said City of London for the time being and shall be by them from time to time distributed and bestowed for the relief of the Poor of the said City according to their Wisdoms and discretions any thing in this Act mentioned to the contrary notwithstanding 14 Eliz. 5. § 27. N. 1. CCXLIV 5 Eliz. 3. § 1. N. 2. Be it Enacted c. that the Statute Continuance c. viz. 22 H. 8. 12. and also the Statute c. viz. 3 4 Ed. 6. 16. and every Article Clause Branch Sentence and other things contained in them and either of them other then such things as shall be by this present Act otherwise ordained and provided for shall stand and remain and be in their full force and effect and shall be also from henceforth justly and truly put in Execution according to the true meaning of the said several Statutes and every of them 14 Eliz. 5. § 1. N. 6. CCXLV 5 Eliz. 3. § 2. N. 7. And if the said Mayors Bailiffs Forfeiture Head-Officers Parson Vicar Curate and Church-warden or any of them fail in the doing and Executing of the premisses in form above declared viz. 2 3 Ph. Mar. 5. § 3. he or they so making default to forfeit for every such default 40 s. to be imployed to the use of the Poor of that Parish where he or they do inhabit to be levyed by the Collectors of the same Parish by way of distress or otherwise as is appointed by this Act for levying of like forfeitures Officer CCXLVI 5 Eliz. 3. § 3. N. 2. viz. None shall refuse but justly Execute Office of Gatherer c. upon pain to forfeit 10 l. the one moity thereof to the Church-wardens of the Parish where he or they shall be Elected Collector and the other moity thereof to the use and relief of the poor of the said parish to be levyed by the Church-wardens where they or he dwelleth of the Goods of the said Gatherer c. so refusing by distress or else by action of Debt Bill Plaint or Information to be brought or pursued by the said Church-wardens of the said parish where they shall dwell in any Court of Record or in the Court of any Lord of any Mannor within the said parish where the said Gatherer shall be so chosen in which suit
no protection or wager of Law shall be allowed or admitted for the party defendent Church wardens CCXLVII. 5 Eliz. 3. § 4. N. 1. And be it further Enacted c. that if the said Church-wardens or either of them shall refuse to sue for the said forfeiture or within two months next after the same cause of forfeiture shall be given shall not sue or take the remedy for the recovery thereof in such manner and form as before this present Act is limited and appointed that then the same Church-wardens so making default of suit shall forfeit and lose 20 l. of Lawful mony of England the one moity thereof to him or them that will sue for the same by action of debt bill plaint or information in any Court of Record or in the Court of any Lord of any Mannor within the Parish where the said Church-wardens shall dwell and the other moity to the use of the Poor of the said parish in which suit no Essoyn Protection or wager of Law shall be admitted or allowed for the party defendent Incumbent CCXLVIII 5 Eliz. 3. § 5. N. 2. Be it Enacted c. that every Parson Vicar Curate or Minister of every parish within this Realm shall yearly forevermore upon the Sunday before Midsummer in the Pulpit or some other convenient place in the Church give knowledge and warning at the end of some of the Morning service to the Parishioners then and there present to prepare themselves on the Sunday next after Midsummer day then next following to come to the Church and there to elect and chuse Collectors and Gatherers for the Poor according to the tenor of this Act. Incumbent CCXLIX 5 Eliz. 3. § 5. N. 3. And if the Parson Vicar Curate or Minister shall make default in giving of the said knowledge that then he or they so making default to forfeit and lose 40 s. towards the reparation of the said Church Church-wardens CCL 5 Eliz. 3. § 5. N. 4. And the Church-wardens of the said Parish to sue and distrain for the same in such form as before is appointed for the other forfeitures Account CCLI 5 Eliz. 3. § 6. N. 1. And further be it Enacted c. that the said Gatherers or Collectors for the Poor so to be chosen as is aforesaid shall make their Just account Quarterly to the Mayors or Chief-Officers of the said Cities Boroughs and Towns Corporate and in every Parish of the said Country to the Parson Vicar or Curate and Church-wardens of the Parish at which account such of the Parish as will may be present Account CCLII 5 Eliz. 3. § 6. N. 2. And when they go out of their Office they shall deliver or cause to be delivered forthwith upon the end of their accounts all such surplusage of mony as then shall remain of their Collection undistributed to be put in their Common Chest of the Church or in some other safe place to the use of the Poor at the oversight and discretion of the Mayor Officers and others before mentioned CCLIII 5 Eliz. 3. § 6. N. 3. And if the said Collectors or any of them do refuse to make their said account within the eight days next after request made to them for the same Account then the Bishop of the Diocess or the Ordinary of the place Chancellors or their Commissaries together with a Justice of Peace and the Church-wardens of the said parish or one of them shall have Authority by vertue of this Act upon complaint to them made to commit the said person or persons so refusing to Ward there to remain without Bail or mainprise until he or they so refusing shall make their said accounts before such persons as the said Bishop Ordinary Chancellors or Commissaries and Justices of Peace shall appoint and to make Immediate payment of the summs wherewith by determination of the said account they shall be charged CCLIV 5 Eliz. 3. § 7. N. 3. And if the person or persons Ordinary so sent for viz. 5 6 Ed. 6. 2. § 5. N. 2. of his or their froward or wilful mind shall obstinately refuse to give weekly for the relief of the poor according to his or their abilites that then the Bishop or Ordinary of the Diocess Chancellors or Commissaries shall have full power and Authority by vertue of this Act to bind the said obstinate and wilfull persons so refusing unto the Queen by recognizance in the the summ of 10 l. which conditition thereupon to be Indorsed that the said obstinate person so refusing shall personally appear before the Justices of Peace of the County where the same person shall then inhabit and dwel if it be out of any City Borough or Town-Corporate and if it be within any City Borough or Town-Corporate then before the Mayors Bailiffs or other Head-Officers of every such City Borough or Town-Corporate at the next General Sessions to be holden before the said Justices within the said County or at the next Court to be holden before the said Mayors Bailiffs or other Head-Officers within every such City Borough or Town-Corporate and that the same obstinate person shall not from thence depart without the License of the said Justices if he dwell out of any City Borough or Town-Corporate of the said Mayor Bailiff or other Head-Officers if he dwel within any such City Borough or Town-Corporate CCLV. 5 Eliz. 3. § 7. N. 4. And if any such obstinate person shall refuse to be bound as is aforesaid that then the said Bishop Ordinary Imprisonment Chancellor or Commissary shall have Authority by this Act to commit the said Obstinate person to prison there to remain without Bail or mainprise until the said obstinate person shall become bound as is aforesaid CCLVI. 5 Eliz. 3. § 8. N. 1. And further be it Enacted Justices c. that the said Justices or such of them as shall be at the said Sessions or the Mayor Bailiffs or other Head-Officers of every such City Borough or Town-Corporate if the said obstinate person do appear before them shall Charitably and gently perswade and move the said obstinate persons to extend his or their Charity towards the relief of the poor of the parish where he or she inhabiteth and dwelleth CCLVII 5 Eliz. 3. § 8. N. 2. And if he or she shall obstinately and wilfully stand in the same Taxes and will not be perswaded therein by the said Justices Mayor Bailiff or other Head-Officers that then it shall and may be lawful to and for the said Justices if it be out of any City Borough or Town-Corporate for the Mayor Bailiff or other Head-Officers of the same City Borough or Town-Corporate with the Church-wardens where the said obstinate person shall inhabit or one of them to sesse tax and limit upon every such obstinate person so refusing according to their Good discretions what sum the said obstinate person shall pay weekly towards the relief of the Poor
within the said Parish where he or she shall inhabit and dwel Taxes CCLVIII. 5 Eliz. 3. § 8. N. 3. And if the said person so seised and taxed shall refuse to pay the summ that shall be so reasonablly limited taxed and appointed then the said Justices of Peace or two of them whereof one to be of the Quorum or the said Mayor Bailiff or other Head-Officers of every such City Borough or Town-Corporate shall have full power and Authority by vertue of this Act upon complaint and certificate to them by the Collectors and Church-wardens of the same Parish where the said obstinate person shall dwell to commit the said obstinate person and persons so refusing to pay to Prison to the next Goal there to remain without Bail or mainprise till he or they have paid the said summ so appointed taxed and limited together with the Arrears thereof if any such shall fortune to be Certificate CCLIX 5 Eliz. 3. § 10. N. 6. And if the said Justices of Peace shall fail to appoint a day and time for inspection of the said poor and examination of the said Certificators viz. 2 3 Ph. Mar. 5. § 7. N. 4. within one month next ensuing the day of the receit of the said certificate or shall grant or give License to any person or persons so certified to go abroad and beg before such time as they shall have viewed and seen the said poor persons and have received Oath of the persons that so certified that the said poor persons for age impotence or sickness in their Consciences and to their knowledge are not able by any work or labor to earn them necessaries meat drink and cloth and the same deposition put in writing subscribed or marked by the persons deposed to forfeit for every such default 10 l. to be imployed to the use of the poor of any parish or parishes within the said County where the said Justices dwell at the oversight and appointment of the Bishop or his Chancellor of the same Diocess to be levyed in sort and form as other forfeitures in this Statute are appointed Justices CCLX 5 Eliz. 3. § 11. N. 1. And be it further Enacted that where any the said Cities Boroughs Towns-Corporate or Parish so charged is Situate and standing in one County or two Counties of this Realm or Situate and standing in one and immediatly adjoyning to another County of the Realm as the City of Bristol and the Town of Ludlow and Stanford stand that in those Cites the Parson Vicar and Curate of the said Parish and the said Mayor Head-Officers and Inhabitants of every such City Borough Town-Corporate and Parish shall make certificate unto the Justices of the said Counties adjoyning to the same Cities Boroughs Towns-Corporate and Parishes and the same Justices of the said adjoyning County or Counties to do give License and follow the order above remembred according as other Justices of the Counties in which the Parish surcharged standing is limited and Authorized to do 2 3 Ph. Mar. 5. § 8. N. 1. Continuance CCLXI 5 Eliz. 3. § 13. N. 3. This Act to indure to the latter end of the first Session of the next Parliament 13 Eliz. 25. § 12. N. 2. Incumbent CCLXII 5 Eliz. 3. § 16. N. 1. Provided always and be it further Enacted that the Curate Minister or Reader together with the Wardens of every Chappel of Ease and where no Wardens are the Warden or two of the chiefest of the Inhabitants resorting and frequenting the said Chappel of Ease for hearing divine service the same inhabitants to be nominated and chosen by the same Curate Minister or Reader Officer CCLXIII 5 Eliz. 3. § 16. N. 2. And also the Collectors and all and every other person and persons to whom in this behalf it shall appartain by force of this Statute shall do execute perform and be lyable to all and every such ordinance clause article sentence and penalties specified and contained in this present Act for and towards the releif of the poor in like manner and form as the Vicar Curate Church-wardens and Collectors of every Parish Church shall may or ought to do by force of this Act according to the purport and true meaning of the same and not be compelable to come or resort to their Parish Church for the same only purpose or intent any thing in this Act before specified to the contrary notwithstanding CCLXIV 5 Eliz. 3. § 17. N. 1. Provided also that this Act Charity or any thing therein contained shall not in any wise extend or be prejudical to any Gift Legacy Conveiance or Assignment of any manner of Lands or other profit heretofore Given Assigned or Bequeathed to the relief of the Poor reparation of Highways or Bridges upon any manner of condition but that the same shall be imployed converted bestowed and accounted for in such manner and form and upon such condition as the same lawfully was or ought to be before the making of this Act. CCLXV. 5 Eliz. 20. § 3. N. 1. And yet moreover Aegyptians viz. Beside 1 2 Ph. Mar. 4. be it Enacted c. that all c. which c. shall be seen or found within this Realm of England or Wales in any Company or Fellowship of Vagabonds commonly called c. Aegyptians or counterfeiting c. Aegyptians and that shall or do continue and remain in the same either at one time or at several times by the space of one month c. shall by vertue of this Act be deemed and Judged a Felon c. CCLXVI. 13 Eliz. 17. § 1. N. 2. For the better perfection and doing whereof viz. Of a Meason de Dieu c. be it Enacted Hospital c. that the said Robert Earl of Leicester his Heirs Excutors or Assigns at his or their Wills and Pleasures shall have full power strength license and lawful Authority to erect found and establish one Hospital or Meason de Dieu within the said Town of Warwick or else within the said Town of Kenelworth at his or their choice and election for the finding sustentation and relief of poor needy and impotent people to have a continuance for ever CCLXVII 14 Eliz. 5. Where all the parts of this Realm and Wales Vagabonds be presently with Rogues Vagabonds and Sturdy Beggers exceedingly pestered by means whereof daily happeneth in the same Realm horrible Murders Thefts and other great Outrages to the high displeasure of Almighty God and to the great annoiance of the common-weal 35 Eliz. 7. § 24. N. 1. CCLXVIII 14 Eliz. 5. § 1. N. 2. And for avoiding confusion by reason of numbers of Laws concerning the premisses standing in force together Parliament CCLXIX 14 Eliz. 5. § 1. N. 3. Be it Enacted that the Statute Continuance c. viz. 22 H. 8. 12. and one other Act c. viz. 3 4 Ed. 6. 16. and one other Act c.
containing the Names and Surnames of all such Aged Decayed and Impotent Poor people as be within their said limits and Authorities which shall always remain with the said Justices Mayors Bailiffs or other Head-Officers or any one of them CCCXV. 14 Eliz. 5. § 14. N. 5. And when the number of the said Poor people forced to live upon Alms be by that means truely known Cottages then the Justices Mayors Sheriffs Bailiffs and other Officers shall within like convenient time devise and appoint within every of their several divisions meet and convenient places by their discretions to settle the same Poor people for their Habitations and abidings if the Parish within the which they shall be found shall not or will not provide for them CCCXVI. 14 Eliz. 5. § 14. N. 6. And shall also within like convenient time number all the said Poor people within their said several limits Apportionment and thereupon having regard to the number set down what portion the weekly charge towards the relief and sustentation of the said Poor people will amount unto within every their said several divisions and limits CCCXVII 14 Eliz. 5. § 14. N. 7. And that done they the said Justices Taxe Mayors Sheriffs Bailiffs and other Officers within every their several Commissions Authorities Divisions and limits shall by their good discretions Tax and assesse all and every the Inhabitants dwelling in all and every City Borough Town Village Hamlet and Place known within the said limits and divisions to such weekly charge as they and every of them shall weekly contribute towards the relief of the said Poor people CCCXVIII 14 Eliz. 5. § 14. N. 8. And the names of all such Inhabitants Taxed shall also enter into the said Register-Book Record together with their Taxation CCCXIX. 14 Eliz. 5. § 14. N. 9. And also shall by their discretions within every their said divisions and limits appoint to see Collectors Officers for one whole year to be appointed of the said weekly portion which shall Collect and gather the said proportion and make delivery of so much thereof according to the discretion of the said Justices Mayors Sheriffs Bailiffs and other Officers to the said Poor people as the said Justices Mayors Sheriffs Bailiffs and other Officers shall appoint them CCCXX 14 Eliz. 5. § 14. N. 10. And also shall appoint Overseers of the said Poor people by their discretions Overseers to continue also for one whole year CCCXXI. 14 Eliz. 5. § 14. N. 11. And if they do refuse to be Overseers then every of them so refusing Officer to forfeit 10 s. for every such default CCCXXII 14 Eliz. 5. § 15. N. 1. And be it further Enacted London c. that the Mayor of the City of London and the Mayor Sheriffs Baliffs and other Head-Officers of every other City Borough or Town-Corporate or his or their sufficient Deputy or Deputies within their Cities Boroughs and Towns-Corporate and the Constables or Tythingmen of all and every Hundred Rape and Wapentake within all and every such abiding place and places within their Hundreds limits and precincts as shall be appointed to settle the Poor people in shall once every month next after the said places so appointed be inhabited with the said Poor people according to the intent of this present Act of Parliament make a view and search of all the Aged impotent and Lame persons within the precinct of their Jurisdictions Lieu. CCCXXIII 14 Eliz. 5. § 15. N. 2. And all such person and persons as they shall find not being born within that division nor within the said Cites Boroughs or Towns-Corporate then shall they presently see the same Poor people not there born nor dwelling within the said three years except Leprous people and Bedrid people to be conveyed on Horseback in Cart or otherwise as shall seem best to their discretions to the next Constable and so from Constable to Constable the directest way till the said person and persons be brought to the place where he or she was born or most conversant by the space of three years next before Hospitals CCCXXIV 14 Eliz. 5. § 15. N. 3. And there to be put in the abiding place or one of the abiding places of that County appointed or to be appointed for the Habitation of the Poor people of that County there to be provided kept and nourished of Alms as is aforesaid upon pain of 20 s. every of the said Officers that is neglecting Vagabonds CCCXXV 14 Eliz. 5. § 16. N. 1. And be it further Enacted c. that if any of the said Poor people upon the appointment of the said Justices or other Officers refuse to be bestowed in any of the abiding places before mentioned but covet still to hold on their trade of Begging or after they be once bestowed in the said abiding place or places do depart and beg then the said person or persons so offending for the first offence to be accounted a Rogue or Vagabond in the first degree of punishment set forth by this Act in all points Pain CCCXXVI 14 Eliz. 5. § 16. N. 2. And if he she or they do the second time offend they to be esteemed as a Rogue or Vagabond in the last degree of punishment set forth by this Act in all points Forfeiture CCCXXVII 14 Eliz. 5. § 17. N. 1. And it is further Enacted c. that if any manner of person or persons appointed and Elected to be Collectors as is aforesaid shall refuse the said Office or shall after he hath agreed to it neglect the same he shall forfeit and lose for every offence to the use of the Poor of the same place 40 s. of lawful mony of England to be levyed by distress or recovered by Action Bill Plaint or Information in any Court of Record or Lords Court by the High-Constables or Tything-men aforesaid in which suit no Essoyn Protection nor Wager of Law shall be allowed or admitted to the party Defendent Constable CCCXXVIII 14 Eliz. 5. § 17. N. 2. And if the said High-Constables shall be remiss or negligent to sue or shall refuse to sue the said Collectors and every of them within two months next after such refusal or negligence in or by the said Collector that then the said High-Constables or Tything-men shall forfeit and lose 5 l. of lawful mony of England to the use of the Poor of the same place Justices CCCXXIX 14 Eliz. 5. § 17. N. 3. To be sued for by and in the name of two of the next Justices of the said place or places being out of the Cities Boroughs and Towns Corporate Corporation CCCXXX 14 Eliz. 5. § 17. N. 4. If within then by Mayor Bailiffs or other Head-Officers of the said Cities Boroughs or Towns-Corporate in any Court of Record or Lords Court by Action of Debt Bill Plaint or Information in which no Essoyn Protection or Wager of Law shall be
allowed Account CCCXXXI 14 Eliz. 5. § 18. N. 1. And further be it Enacted that the said Collectors and every of them so to be chosen as is aforesaid shall make their just account half yearly of their said Collecting and gathering to two Justices of the Peace dwelling next to the said abiding place or places not being within any City Borough or Town-Corporate or to the Mayor Sheriffs or other Chief-Officers of the said Cities Boroughs or Towns-Corporate CCCXXXII 14 Eliz. 5. § 18. N. 3. And when they go out of their Offices Account they shall deliver or cause to be delivered forthwith upon their accounts all such surplusages of their Collection and gathering as shall then remain undistributed to be ordered by the said Justices Mayors Bailiffs or other Head-Officers upon the said pain of 10 l. CCCXXXIII 14 Eliz. 5. § 18. N. 4. If any such Collector shall refuse to make his said account Imprisonment or neglect the same by the space of fourteen days after request to him therefore made then the said two Justices or one of them to commit the said Collector to the next Goal for the said County there to remain without Bail or mainprise till he have made his said account and immediate payment and delivery of all such surplusages as he hath received CCCXXXIV 14 Eliz. 5. § 19. N. 1. And be it further Enacted Taxes that if any person or persons being able to further this Charitable work will obstinately refuse to give towards the help and relief of the said Poor people or do wilfully discourage others from so charitable a deed the said obstinate person or wilful discourager shall presently be brought before two Justices of the Peace whereof one to be of the Quorum of the same County to show the cause of his obstinate refusal or wilfull discouragment and to abide such order therein as the said Justices shall appoint if he refuse so to do then to be committed to the next Goal for the said Shire there to remain until he be contented with their said order and do perform the same CCCXXXV 14 Eliz. 5. § 20. N. 1. And it is also further Enacted that if any of the said aged and impotent persons not being so diseased Laborers lame or impotent but that they may work in some manner of work shall be by the Overseers of the said abiding place appointed to work if they refuse then in form aforesaid to be whipped and stocked for their first refusal and for their second refusal to be punished as in case of Vagaboncy in the first degree of punishment CCCXXXVI 14 Eliz. 5. § 21. N. 1. Provided always and be it further Enacted c. that three Justices of the Peace Justices whereof one to be of the Quorum of and with the surplusages of the said Collections and forfeitures the said Poor and Impotent people satisfied and provided for shall by their discretions in such convenient place and places within their said Shires as they shall think meet place and settle to work the Rogues and Vagabonds that shall be disposed to work born within their said Counties or there abiding for the most part within the said three years there to be holden to work by the oversight of the said Overseers to get their livings and to live and to be sustained only upon their labor and travail CCCXXXVII 14 Eliz. 5. § 22. N. 1. Be it also further Enacted Apprentice c. that if any Beggers Child being above the age of five years and under fourteen years being Male or Female shall be liked of by any Subject of this Realm of honest calling who shall be willing to take the said Child into service the said Subject shall at the next General Sessions to be holden for the said County by order of the Justices there or the most part of them have the said Child bound with him if it be a Man Child till the age of twenty four years if it be a Woman Child till the age of eighteen years CCCXXXVIII 14 Eliz. 5. § 22. N. 2. If the Child do after depart or be taken or be enticed from the said Master or Mistres Infant to have their remedy by order of laborers viz. 23 Ed. 3. 2. either by way of Action or otherwise as well against the Child as against the taker or inticer thereof Forfeiture CCCXXXIX 14 Eliz. 5. § 23. N 1. Be it also enacted c. that all the forfeitures appointed or to grow by this Statute except the forfeitures of Justices of Peace shall wholly go and be imployed to the use of the Poor aforesaid and shall be levyed by distress by the discretion of the Justices of the same County or two of them or other Head-Officers aforesaid Justices CCCXL 14 Eliz. 5. § 23. N. 3. And that the Justices of Peace in all Shires of England shall in their Quarter Sessions next after Easter yearly Examine the performance or not performance of this Statute according to the tenor thereof as they are bound to do the Statute of Laborers viz. 23 Ed. 3. c. And at their said Sessions shall yearly appoint new Collectors and new Overseers for the causes aforesaid and shall then also agree upon new views and searches of the said Impotent people within every their limits for the year following if need shall be and further at their said Sessions shall take order by their good discretions for all and every thing and things that may in any ways further the intent of this Act. Justices CCCXLI 14 Eliz. 5. § 24. N. 1. And be it further Enacted c. that three Justices of Peace within all the Shires of this Realm whereof one to be of the Quorum shall have full power by Authority of this present Parliament to hear and determine all causes except forfeitures of Justices of Peace that shall come in question by reason of this present Act. Alms. CCCXLII 14 Eliz. 5. § 25. N. 1. Provided also that forasmuch as it is thought that the Inhabitants of divers Counties Cities and Towns within this Realm be not able to relieve the Poor Lame and Impotent persons with mony to be Collected in manner and form aforesaid and that it were overgreat a burthen to the Collector for to gather Meat Drink Corn or other things for their relief to be imployed and bestowed in form aforesaid Licence CCCXLIII 14 Eliz. 5. § 25. N. 2. Therefore it is further Enacted that it shall be lawful to and for the Justices of Peace in their open Sessions of the Peace or for the most part of them there assembled within any the Counties Cities or Towns of this Realm where Collections of mony cannot presently be had as this present Act willeth and appointeth to grant Licence under their Hands and Seals to such and so many of the said Poor and Impotent or diseased persons or to any other person or persons to be by the
said Justices assigned and allowed for the said Poor Charity CCCXLIV 14. Eliz. 5. § 25. N. 3. To ask gather and receive within such other Township or Parishes of the said County as the said Justices or the most part of them there then in their said Sessions assembled shall especially name and appoint limit and assign the Charitable devotion and Alms at the House or Houses of the Inhabitants of such Town Parish or Parishes by the said Justices Named Appointed Limited or Assigned so that they do appoint the said Poor so to be relieved only within the Towns and Parishes being within the divisions of the same Justices that so shall give such Licence or Licences Lieu. CCCXLV. 14 Eliz. 5. § 25. N. 4. And that the Inhabitants of every such Parish or Parishes to the which such Poor or Impotent persons shall be so appointed as is aforesaid shall be coacted and bound by vertue of this Act under such pain as to the discretion of the said Justices there in their Sessions Assembled or the most part of them shall seem convenient to relieve the said Poor and Impotent persons in such sort as the said Justices there assembled shall appoint Corporation CCCXLVI 14 Eliz. 5. § 26. N. 1. And be it further Enacted that if it shall happen any City or Town-Corporate to have in it more Impotent and Poor folks not able to labour then the said Town or City is able to relieve and the said City or Town-Corporate is a County of it self or Situate or standing in one County and Immediatly adjoyning to another that in those Cities or Towns the Mayor or Head-Officers of the said City or Town shall make Certificate to the Justices of the Counties adjoyning to the said Cities or Towns CCCXLVII 14 Eliz. 5. § 26. N. 2. And the same Justices of the said adjoyning County or Town in their General Sessions of the Peace Licence shall give Licence and follow the Order above remembred according as other Justices of the Counties in the which any Town or Parish surcharged standeth are before limited and authorized to do CCCXLVIII 14 Eliz. 5. § 27. N. 1. Provided always and be it Enacted c. that all and every summ and summs of mony London from henceforth to be Collected or Gathered within the City of London and the Liberties of the same by vertue of this Act shall be paid unto the Governors of the Hospital called the Hospital of Christ-Church within the said City of London for the time being and shall be by them from time to time distributed and bestowed for the relief of the Poor of the same City according to their Wisdoms and discretions any thing in this Statute contained to the contrary notwithstanding CCCXLIX 14 Eliz. 5. § 28. N. 1. Provided also and be it Enacted Franchis c. that all and every summ and summs of mony from henceforth to be Collected or Gathered within the City of Coventry and the Liberties of the same by vertue of this Act towards the maintenance and relief of the Hospital of Poor people erected in the same City shall be paid unto such Governor and Governors of the said Hospital as now is or hereafter shall be admitted and appointed by the Mayor and Aldermen of the said City of Coventry or the more part of them for the time being CCCL 14 Eliz. 5. § 28. N. 2. And such Governor and Governors Charity so admitted and appointed as is aforesaid shall from time to time distribute and bestow for the reliefe of the Poor within the said City the said summ or summs of mony according to their Wisdoms and discretions any thing mentioned in this Act to the contrary notwithstanding CCCLI 14 Eliz. 5. § 29. N. 1. Provided also and be it Enacted Franchis c. that all and every summ and summs of mony from henceforth to be paid Collected or Gathered within the City of Gloucester Liberties and limits of the same City for and towards the use or relief of the Poor and all and every other relief which shall be due and payable or is to be yielded within the said City Liberties or limits for and towards the relief of the said Poor shall be from time to time paid and delivered or otherwise shall stand and be at the only rule order and disposition of the President and Governors of the Hospital of Saint Bartholomew of the Foundation of our most Gracious Soveraign Lady Queen Elizabeth within the said City of Gloucester for the time being and shall be by them from time to time distributed and bestowed for the relief of the Poor of the said City according to their Wisdoms and Discretions CCCLII. 14 Eliz. 5. § 30. N. 1. And be it further Enacted Ordinary c. that the Bishop of every Diocess or his Chancellor for the time being shall yearly visit all Hospitals in the Diocess of such Bishop where no Visitor by the Founder or Founders is appointed if the Founder of the said Hospital be then Dead and to see and take order that the said Hospital be ordered and used according to the Statutes and Ordinances of the Foundation thereof and if the Founder be then living the said Founder to visit the same during his life without any the Bishops Visitation and the same Visitation to be at the only costs and charges of the Visitors and not of the Hospital Ordinary CCCLIII 14 Eliz. 5. § 30. N. 4. And that it shall be lawful to the Bishop of the Diocess for the time being where such Hospital is or shall be or his Chancellor upon complaint or other intelligence of just cause to take account how the rents revenues and profits of any such Hospital hath been bestowed and spent to call before him or them at the said Hospital to account all such person and persons as have had the Collection or receit of any the said Rents Issues Revenues or profits Account CCCLIV. 14 Eliz. 5. § 30. N. 5. And if any person or persons so called shall and do refuse to account or entring into account shall refuse to proceed and finish the same or upon finishing thereof shall refuse forthwith to imploy or answer to the use of the said Hospital such summ or summs of mony as upon the same account shall appear to be due by him that then every such person and persons so refusing shall forfeit and loose such summ and summs of mony as to the said Bishop or Chancellor and to two Justices of the Peace next Inhabiting to the said Hospital shall be thought meet and convenient Account CCCLV. 14 Eliz. 5. § 30. N. 6. To which accounts the said Bishop or Chancellor shall call the same two Justices of the Peace Ouster le mere CCCLVI. 14 Eliz. 5. § 31. N. 1. Provided also and be it further Enacted c. that no person or persons having charge of any Voyage in passing to the Realm of
that the said Vagabonds and other lewd persons before recited shall upon their apprehension be committed to the common Goal of the same Shire where they are so taken and apprehended and that in the most Shires of this Realm the Common-Goals are in such Towns where there be a great number of Poor people more than they are well able to sustain with their relief and in some Shires the Assizes are kept far distant from the place where the Common-Goals are by reason whereof the said Prisoners are like to famish for want of sustenance if they be not therefore provided Sessions CCCLXVIII 14 Eliz. 5. § 37. 2. N. 1. For remedy wherof be it therefore Enacted c. that it shall and may be lawful for the Justices of Peace of every Shire within this Realm at their General Quarter-Sessions of the Peace to be holden within the same Shires or the most part of the said Justices being then present to Rate and Tax every Parish within the said Shires at such reasonable summs of mony for and towards the relief of the said Prisoners as they shall think convenient by their discretions so that the said Taxation and rate doth not exceed above 6 d. or 8 d. by the week out of every Parish Church-wardens CCCLXIX 14 Eliz. 5. § 37. 2. N. 2. And that the Church-wardens of every Parish within this Realm for the time being shall every Sunday levy the same and once every Quarter in the year pay to the High-Constables or Head-Officers of every Town Parish Hundred Riding or Wapentake within this Realm all such summs of mony as their Parish shall berated and taxed for and towards the relief of their said Prisoners within their said several Parishes Lambert 467. 468. Constable CCCLXX 14 Eliz. 5. § 37. 2. N. 3. And that the said High-Constables and Head-Officers and every of them shall pay all such summs of mony so to them paid by the said Church-wardens at every General Quarter Sessions to be holden within the said several Shires to such sufficient persons dwelling nigh the said Goals as shall be appointed by the said Justices in their said open Quarter Sessions to be there ready to receive the said mony so Collected as is aforesaid Imprisonment CCCLXXI 14 Eliz. 5. § 37. 2. N. 4. And that the Collectors for the said Prisoners shall weekly distribute and pay all such summs of mony as they and every of them shall receive for the relief of the said Prisoners as aforesaid Church-wardens CCCLXXII 14 Eliz. 5. § 37. 2. N. 5. Upon pain as well the said Church-wardens of every Parish Constables and Head-Officers of every Hundred or Wapentake as also the said Collectors appointed for the Collection and contribution of the said Prisoners so making default as is aforesaid to forfeit 5 l. the one moity therereof shall be to the use of the Queens Majesty her Heirs and Successors and the other moity to the relief of the Prisoners any Statute law custom use or other thing to the contrary in any wise notwithstanding Corporation CCCLXXIII 14 Eliz. 5. § 38. 3. N. 1. Provided always that the Justices of Peace within any County of this Realm or Wales shall not intromit or enter into any City Borough Place or Town-Corporate for the Execution of any Branch Article or Sentence of this Act for or concerning any offence matter or cause growing or arising within the Precincts Liberties or Jurisdictions of such City Borough Place or Town-Corporate but that it shall and may be lawful to the Justice and Justices of the Peace Mayor Bailiffs and other Head-Officers of those Cities Boroughs Places and Towns-Corporate where there be Justice or Justices to proceed to the Execution of this Act within the precinct and compass of their Liberties in such manner and form as the Justices of Peace in any County may or ought to do within the same County by vertue of this Act any matter or thing in this Act expressed to the Contrary thereof notwithstanding CCCLXXIV 14 Eliz. 5. § 39. 4. N. 1. And that every Justice and Justices of Peace within every such City Borough Justices Place and Town-Corporate for every offence by them or any of them to be committed contrary to the intent and meaning of this Statute shall be punishable and chargeable as other Justices of Peace at large in the Counties are by this Act above appointed to be CCCLXXV 14 Eliz. 5. § 40. N. 1. Provided always and be it further Enacted c. that if it shall chance any City or Town Corporate Corporation to have in it more Poor folks than the Inhabitants thereof shall be able to relieve that in such case upon Certificate thereof made and of the number and names of persons with which they be so surcharged unto the Justices of Peace of the County in which such City or Town-Corporate shall lie and be Situate at their Quarter Sessions of the Peace by two Justices of Peace of the said County and the Mayor or other Head-Officer of the same City or Town-Corporate the Justices may by their discretions in the same Sessions take order appoint and cause the same Poor folks so Certified to be provided for and be relieved by giving of Licence to beg or otherwise in some other place or places of the said County out of such City or Town-Corporate so surcharged CCCLXXVI 14 Eliz. 5. § 41. N. 1. Provided always that this Act or any thing therein contained shall not extend to the Poor people Hospitals for the time being in the Hospital called Saint Thomas Hospital otherwise called the Kings Hospital in the Borough of Southwark near adjoyning to the City of London but that the Mayor Commonalty and Citizens of the said City of London for the time being shall and may only have the rule order and Government of the said Hospital and of the Poor people therein for the time being any thing in this Act to the contrary notwithstanding CCCLXXVII 14 Eliz. 5. § 42. N. 1. Provided alway that this Act or any thing therein contained or any Authority thereby given Games shall not in any wise extend to disinherit prejudice or hinder John Dutton of Dutton in the County of Chester Esq his Heirs or Assigns for touching or concerning any Liberty Previledge Preheminence Authority Jurisdiction or Inheritance which the said John Dutton now lawfully useth or hath or lawfully may or ought to use within the County Palatine of Chester and the County of the City of Chester or either of them by reason of any Ancient Charters of any Kings of this Land or by reason of any prescription or other lawful usage or title whatsoever CCCLXXVIII 14 Eliz. 5. § 43. N. 1. This Act to indure for seven years and from thence to the end of the next Parliament Continuance then next following 18 Eliz. 3. § 14. N. 1. Crompt 97. b. CCCLXXIX Crompt 154. b. Nor shall Bail be received
CCCCXII Lambert 356. 357. And two such Justices of Peace may Tax any other of other Parishes within the Hundred Taxes to contribute to a Poor Parish and may make out their Warrants to the Church-wardens and Overseers of every Parish to levy the Taxtions by distress and Sale of the Offenders Goods and in defect of distress may commit the party refusing to contribute to the Common-Goal without Bail or Mainprise and they may do the like concerning penalties and forfeitures committed 43 Eliz. 2. § N. Lambert 601. 602. Dalt 95. cap. 40. CCCCXIII Lambert 357. Any two Justices of Peace of any City Plague Borough Town-Corporate and places priviledged may assesse the Inhabitants thereof at such reasonable Taxes as they shall think fit for relief of persons infected with the Plague and dwelling in Houses infected to be levyed by Warrant of two such Justices of Peace of his Goods that refuseth to pay the same and in default of Goods the offender by them may be committed to prison without Bail or Mainprise 1 Jac. 31. Dalt 90. cap. 39. 96. cap. 40. CCCCXIV Lambert 357. 358. Upon Certificate of the Mayor Certificate or other Head-Officers of any City c. of their disability to relieve their Poor infected persons to any two Justices of the Peace of the County near to the said City c. the same Justices may Tax the Inhabitants of the same County within five Miles of the place infected for their relief to be levyed by Warrant from any such two Justices of the Peace by distress and sale of Goods and in default thereof by Imprisonment of the party Taxed and refusing as afore 1 Jac. 31. Dalt 90. cap. 39. CCCCXV. Lambert 361. The Bishop and his Chancellor Ordinary and three such Justices of the Peace have power to Examine how mony or other relief appointed by King H. 8. or any other to the use of the Poor or of amending of High-ways or Bridges is bestowed and to call to account the detainers thereof c. 14 Eliz. 5. § 35. N. 1. and 39 Eliz. 18. § N. Lambert 352. CCCCXVI Lambert 367. If any Justice of Peace Justices shall be proved to be in default about the Execution of the act of the Poor viz. 14. Eliz. 5. § N. by two sufficient witnesses before the Justiecs of Assize at their next general Goal-delivery he shall lose 5 l. Imprisonment CCCCXVII Lambert 467. 468. Enquiry in Sessions if the Church-wardens of any Parish have not every Sunday levyed the Mony for relief of the Prisoners of the Goal and once in every Quarter paid it to the Constable of the Hundred or if the Constable have not every Quarter Sessions paid over the same to the Collector thereto appointed or if such Collector have not weekly distributed the same for relief of the said Prisoners 14 Eliz. 5. § 37. 2. N. 2. Cottages CCCCXVIII Lambert 468. Charge in Sessions on 31 Eliz. 7. If any person hath since the end of the last Session of Parliament made builded or erected or caused to be made c. any manner of Cottage for dwelling or converted or ordained any building or Housing to be used as a Cottage for dwelling unless the same person have laid thereunto four Acres at the least of ground to be accounted by ordinance viz. 33 Ed. 1. pag. 70. de terris mensurandis being his or her own freehold and inheritance lying near to the said Cottage to be continually manured there withal so long as that Cottage shall be inhabited Crompt 90. b. 91. a. 2. If any person have willingly maintained or upholden such Cottage not having so many Acres so lying and manured 3. If there be any Inmates or more Housholders than one dwelling in one Cottage by the placeing or suffering of any owner or occupier of such Cottage Cottages CCCCXIX Lambert 468. 469. But this Statute viz. 31 Eliz. 7. extendeth not to any Cottage in any City Corporate or Market-Town or Ancient Borough 2. Nor to the dwelling of any workers of Mineral works Coal-Mines Quarries of Stone or Slate or about the making of Brick Tile Lime or Coal so that they be not distant above one Mile from the works and be used only for the Habitation of such workers 3. Nor to Cottages within a Mile of the Sea or upon the side of any Navigable Rivers within the Admirals Jurisdiction so as none dwell therein but Saylors or men of manual occupation for the making furnishing or Victualling of Ships or Vessels used to serve on the Sea 4. Nor to any Cottage in any Forest Chace Warren or Park inhabited only by them that keep the Deer or Game there 5. Nor to any Cottage hereafter to be made wherein only a common Herd-man or common Shepherd of any Town or any Poor Lame Sick Aged or Impotent person shall dwell 6. Nor which for any just respect upon complaint to the Justices of Assize at the Assizes or to the Justices of Peace at the Quarter Sessions shall by their order entred in open Assizes or Quarter Sessions be decreed to continue for dwelling for so long time only as by such decree shall be limited 7. Nor extended to any Inmates to be placed by the order of the Justices in their Quarter Sessions with the leave of the Lord of any wast or common at the charge of the Parish Hundred or County 43 Eliz. 2. Sessions CCCCXX Lambert 596. and 14 Eliz. 5. and 18 Eliz. 3. Concerning Poor people and Vagabonds have mention of the Quarter-Sessions to be holden next after Easter which Statutes as they make not in this point a new Law so allowing of any one of the four Sessions they do therein give allowance of all the other three Infant CCCCXXI Lambert 604. A Beggers Child may at the General Sessions be bound to serve any Subject of this Realm being of an honest caling 14 Eliz. 5. § N. 18 Eliz. 3. § N. Cottages CCCCXXII Lambert 604. A Decree may be made at the Quarter-Sessions for the continuance of a Cottage that hath not four Acres of ground and there may the Justices enquire hear and determine of Cottages and Inmates in offence of the Statute 31 Eliz. 7. CCCCXXIII Lambert 609. And they must yearly in the same Sessions viz. after Easter or in six weeks Sessions c. Examine the performance or non-performance of so much of the Statute made for the Poor 14 Eliz. 5. as is not altered by 43 Eliz. 2. CCCCXXIV Lambert 609. The account of the Treasurers for disabled Souldiers or Mariners Account is to be made yearly at the Quarter Sessions after Easter or within ten days after 43 Eliz. 3. CCCCXXV Lambert 29. Duty of Constables Constable c. It seemeth to me that in this case viz. on 14 Eliz. 5. § 37. 2. N. 2. the words High-Constable High-Tythingmen and Head-Officers do exclude pety Constables Borsholders and such like to meddle therein because none
of this our Warrant hereof fail you not at your perils Given under our Hands and Seals at c. Fresh suit DVII Dalt 358. cap. 121. A Warrant for a General Search for Rogues 7 Jac. 4. To the High-Constables of the Hundred of c. Cambridge THese are in His Majesties Name to charge and Command you that you together with the Pety Constables of the several Towns Parishes and Hamlets within your Hundred taking sufficient assistance out of the said Towns do make a general privy search within every of the said several Towns Parishes and Hamlets upon the _____ day of c. at night next coming for the finding out and apprehending all Rogues Vagabonds and wandring and Idle persons in or about your said several Towns Parishes or Hamlets and that such as shall be found and apprehended you do cause them to be brought before us the next day unto L. by nine of the Clock there to be by us dealt withal according to the late Statute in that behalf provided at which time and place we further require you together with the said Pety Constables to appear before us and there to give an account and reckoning upon Oath in writing and under the hands of the Minister of every several Parish within your Hundred what Rogues Vagabonds wandring and disordered persons have been there apprehended as well in the same search as also since the last assembly and meeting that made was for that purpose being upon or about the _____ day of c. last past and hereof fail you not c. Process DVIII. Dalt 358. cap. 121. Note that all Rogues which shall be brought before the Justices upon such search after Examination of their idle life taken by the Justices are either to be whipped by the Constables of the Town where the Justices sit as it seemeth or else from thence are to be sent to the House of Correction and to be conveyed thither by the Constables that brought them and yet at the charge of the Hundred which services imposed on the Constables are some cause of their neglect of this service and therefore I have set down another course and Precedent perhaps no less serviceable which also may be performed and done every month or every meeting of the Justices if need shall so require or if the Justices can not or shall not meet yet it seemeth such Warrant may be granted out by any one Justice of the Peace as followeth Fresh suit DIX Dalt 358. 359. cap. 121. Another Warrant for a general search To c. Cambridge THese are in the Kings Majesties Name to Charge and Command you that you together with the Pety Constables of the several Towns Parishes and Hamlets within your Hundred taking sufficient assistance out of the said Towns do make a general privy search within every of the said several Towns Parishes and Hamlets upon the _____ day of c. at night next coming for the finding out and apprehending of all Rogues Vagabonds and wandring and idle persons in or about your said several Towns and that such as shall be found and apprehended you do cause them to be punished in every several Town or Parish where they shall be so apprehended by the Pety Constables of every several Parish respectively and by them also further to be conveyed according to the Statute and if any of the said Rogues shall appear to be dangerous or Incorrigible that then you cause such to be brought before me or any other of His Majesties Justices of Peace of this division to be further dealt withal according to the Statute in such cases provided Dated c. DX Dalt 380. cap. 124. A Testimonial or Pasport for a Poor man to Travail Licence Canterbur SIr R. M. and Sir J. R. Knights two of the Kings Majesties Justices of Peace within the said County to all Justices of Peace Mayors Bailiffs Constables and all other his Majesties Officers and Ministers whatsoever sendeth greeting c. Forasmuch as the bearer hereof E. P. because of c. hath desired our Testimonial or Licence for his safer travail unto the City of B. where c. in consideration whereof know ye we the said Sir R. M. and Sir J. R. so far as in us lieth to have Licenced the said E. P. to travail and pass the direct way from H. within the said County of C. wherein he lately dwelled unto the said City of B. so as his Journy be not of longer or further continuance than twenty days next after the date hereof praying you and every of you not to molest or trouble the said Poor man in his travail but to permit and suffer him peaceably to pass so as he shew himself in no respect offensive to his Majesties laws In witness c. DXI. Dalt 381. cap. 124. A Testimonial for such as have suffered Ship-wrack Licence Norf. A. B. of C. in the County of Norfolk Esq one of the Kings Majesties Justices c. to all c. Forasmuch as the bearer hereof is aged about c. having lately been at Sea in a ship called c. and hath suffered Shipwrack and got to land at Y. in the said County of Norfolk upon the _____ day of c. last past as I am credibly informed as well by the report of the said I. S. as also by the testimony of divers the Inhabitants of Y. aforesaid and for that the said I. S. hath not wherewith to relieve himself in his Travail homewards to D. in the County of H. where he saith he was born or hath a dwelling c. These are therefore to pray you and every of you to whom these presents shall come not to molest or trouble the said I. S. in his travail to D. aforesaid where he is limited to be within c. days next after the date hereof but desiring you rather to relieve him in his necessity as you shall seem meet and withal you the Constables of every Town where he shall come to help him with lodging in convenient time so that he Travaileth the direct way to D. aforesaid not doing any thing contrary to the Laws and Statutes of this Realm In witness c. DXII. Kilborns Precedents 115. 214. Imprisonment A Warrant for apprehending and committing a dangerous Rogue 7 Jac. 4. To the Constables c. of the Hundred of A. and to the Keeper of the House of Correction for the County aforesaid Kent ss FOrasmuch as A. B. a Rogue Vagabond idle or disorderly person c. was found and apprehended at C. in the Hundred and County aforesaid in a general privy search by our Command made according to the form of the Statute in that case made and provided and brought before us this present day at our assembly at T. in the County aforesaid We do therefore in His Majesties Name Command you the Constables c. that you some or one of you do at the charge of the said Hundred convey the
the value of twelve pence if they were not guilty of some other Larceny aforetime or guilty of receit of Felons or of Commandment or Force or of ayd in Felony done or guilty of some other Trespass for which one ought not to lose Life or Member and a man appealed by a Prover after the death of the Prover if he be no common Theif nor defamed shall from henceforth be let out by sufficient Surety whereof the Sheriff will be Answerable and that without giving ought of their Goods Cap. 18. Forasmuch as the Common Fine and Amercement of the whole County in Eyr of the Iustices for false Iudgments or other Trespas is unjustly Assest by Sheriffs and Barretors in the Shires Amercement so that the sum is many times increased and the Parcels otherwise Assessed then they ought to be to the Damage of the People which be many times payed to the Sheriffs and Barretors that cannot acquit them c. Cap. 33. 32. It is Provided that no Sheriff shall suffer any Barretors Peace or Maintainers of Quarrels in the Shire neither Stewards of great Lords nor others unless he be the Attorney for his Lord to make Suit or to give Iudgments in the Counties nor to pronounce the Iudgments if he be not specially required and prayed of all the Suitors and Attorneys of the Suitors which shall be at the Court. 4 E. 1. St. 2. p. 28. § 1. N. 3. de off Coronat A Coroner also ought to enquire of Treasure that is found Coron who were the Finders and likewise who is suspected thereof and that it may be well perceived where one liveth Riotously haunting of Taverns and hath done so of long time hereupon he may be Attatched for this Suspition by four or six or more Pledges if he may be found 7 E. 1. p. 33. Of Armour And now in our next Parliament at Westminster after the said Treaties War viz. Vpon Sundry Debates had between us and certain great men of our Realm the Prelates Earls Barons and the Commonalty of our Realm there Assembled to take advice of this Business have said that to us it belongeth and our part is through our Royal Seigniory straitly to defend force of Armour and all other force against our Peace at all times when it shall please us to Punish them which shall do contrary according to our Laws and Vsages of our Realm § 1. N. 3. And hereunto they are bound to ayd us as their Soveraign Lord Parliament at all Seasons when need shall be 13 E. 1. C. 34. 35 § 1. N. 2. And likewise where a man Ravisheth a woman Married Lady Women Damosel or other with force although she Consent after he shall have such Iudgment viz. of Life and Member if he be Attainted at the Kings Suit and there the King shall have the Suit C. 39. 10 § 1. N. 25. And if they viz. whom the Sheriff returns Resisters of Process c. be Convict of such Resistance they shall be punished at the Kings Pleasure Process neither shall any Officer of the Kings meddle in Assigning the Punishment for our Lord the King hath reserved it specially to himself because that Resisters have been reputed Disturbers of his Peace and of his Realm 13 E. 1. St. 2 Cap. 2 4. § 1 N. 4. And if they viz. the Watch do find any that have Lodged Watch. or received any Strangrs or Suspicious Person against the Peace the Bayliffs viz. of the Tow shall do right therein C. 6. § 1. N. 1 And further it is Commanded that every Man have in his house War Armor for to keep the Peace after the Antient Assise § 1. N. 12. And the Constables aforesaid shall present before Iustices Assigned Constable such defaults as they do see in the County about Armour and of the Suits of Towns and of High-ways and also shall Present all such as do Lodge Strangers in Vplandish Towns for whom they will not Answer Statuta Ed. 2. 33 E. 1. St. 2. p. 69. § 1. N. 8. Of Conspirators AND it was further Ordained that Iustices Assigned viz. by 13 Ed. 1. Justices St. 1. 2. Cap. 29. 30. to the hearing and determining of Felonies and Trespasses should have the transcript hereof viz. of this Statute of Conspirators 34 E. 1. St. 2. p. 71. § 1. N. 11. Articles on Winch. Viz. To enquire of all between the age of fifteen and forty be sworn to keep the Peace Oath War Also if they have Weapons in their houses according to the Quantity of their Lands and Goods for maintenance of the Peace § 1. N. 12. according to the Statute viz. 13 Ed. 1. Stat. 2. Cap. 5. 6. Wine viz. Shall enquire upon Oath of such as continually haunt Taverns 18 E. 2. p. 84. § 28. Fr. Pledg and no man knoweth whereon they do Live Poor Of such as Sleep by day and Watch by night and fare well § 29. and have nothing Statuta Ed. 3. Justices ITem For the better keeping and maintaining of the Peace 1 E. 3. St. 2. C. 16. § 1. N. 2. The King will that in every County Good men and Lawful which be no Maintainers of Evil or Barraters in the County shall be Assigned to keep the Peace 18 H. 6. Cap. 11. Justices And that the Oyers and Terminers shall not be granted 2 E. 3. C. 2. § 1. N. 6. Northampton but before Iustices of the one Bench or the other or the Iustices Errant and that for great hurt or horrible Trespasses and of the Kings special Grace after the form of the Statute thereof ordained in the time of the said Grandfather viz. 13 Ed. 1. West 2. Cap. 29. 30. and none otherwise Riot Item It is Enacted that no man great or small Cap. 3. of what Condition soever he be except the Kings Servants in his Presence and his Ministers in Executing of the Kings Precepts or of their Office and such as be in their Company Assisting them And also upon a Cry made for Arms to keep the Peace and the same in such places where such Acts happen be so hardy to come before the Kings Iustices or other of the Kings Ministers during their Office with Force and Arms. 2 R. 2. Cap. 7. Force Market Overt Nor bring no Force in a fray of Peace § 1. N. 2. Nor to go nor ride Armed by night nor by day in Fairs Markets § 1. N. 3. nor in the Presence of the Iustices or other Ministers nor in no part elsewhere upon pain to forfeit their Armor to the King and their Bodies to Prison at the Kings Pleasure Offices And that the Kings Iustices in their Presence Sheriffs § 1. N. 4. and other Ministers in their Bailywicks Lords of Franchises and their Bayliffs in the same and Mayors and Bayliffs of Cities
of Peace but only in the common Gaol Saving to Lords and other their Franchise in this Case Peace And that the Peace within the Realm be holden and kept so 7 H. 4. cap. â § 1. N. 4â that all the Kings Leige people and Subjects may from henceforth safely and peacably go come and abide according to the Laws and Vsages of the same Realm Games And the Iustices of Peace in every County of England C. 7. § 1. N. 6. and also the Mayor and Sheriffs and Bailiffs of Cities and Boroughs within the same Cities and Boroughs shall have power to inquire of all such deceitful makers of Heads and Quarels viz. of Arrows and to punish them as aforesaid Riot None shall be punished for repressing the late Riots Cap. 18. Justices Item It is ordained and established that if any Riot Assembly 13 H. 4. Cap. 7 or Rout of People against the Law be made in parties of the Realm that the Iustices of Peace three or two of them at the least and the Sheriff or Vnder-Sheriff of the County where such Riot Assembly or Rout shall be made hereafter shall come with the power of the County if need be to arrest them and shall arrest them 2 H. 5. cap. 8. and 19 H. 7. cap. 13. § 1. N. 2. And the same Iustices and Sheriff or Vnder Sheriff Record shall have power to record that which they shall find to be done in their presence against the Law 2 H. 5. cap. 8. § 1. N. 2. and 19 H. 7. cap. 13. § 1. N. 2. § 1. N. 3. And that by the Record of the same Iustices and Sheriff Sheriff or Vnder-Sheriff such Trespassers and Offenders shall be convict in the manner and form as is contained in the Statute of forcible Entries viz. 5 R. 2. Cap. 7. § 1. N. 3. and 15 R. 2. Cap. 2. § 1. N. 3. 2 H. 5. Cap. 8. § 1. N. 2. and 19 H. 7. Cap. 13. § 1. N. 3. § 1. N. 4. And if it happen that such Trespassers and Offenders be departed before the coming of the said Iustices Sheriff and Vnder Sheriff Enquest that the same Iustices three or two of them shall diligently enquire within a Month after such Riot Assembly or Rout of people so made and thereof shall hear and determin according to the Law of the Land 2 H. 5. Cap. 8. § 1 N. 3. and 19 H. 7. 13. § 1. N. 4. § 2. N. 1. And if the truth cannot be found in the manner as is aforesaid Certificat then within a Month then next following the Iustices three or two of them and the Sheriff or Vnder Sheriff shall certifie before the King and his Counsel all the Deed and Circumstances thereof 2 H. 5. Cap. 8. § 1. N. 4 and 19 H. 7. Cap. 13. § 1. N. 9. § 2. N. 2. Which Certificat shall be of like force as the Presentment of twelve Judgment upon which Certificat the said Trespassers and Offenders shall be put to Answer 2 H. 5. Cap. 8. § 1. N. 4. § 2. N. 3. And they which shall be found guilty Execution shall be punished according to the Discretion of the King and his Counsel 2 H. 5. Cap. 8. § 1. N. 5. § 3. N. 1. And if such Trespassers and Offenders do Traverse the matter so certified the same Certificat and Travers Travers shall be sent into the Kings Bench there to be tryed and determined as the Law requireth § 3. N. 2. And if the same Trespassers do not appear before the King and his Counsel or in the Kings Bench at the first Precept Process there shall be another Precept directed to the Sheriff of the County to take the said Trespassers and Offenders if they may be found and to bring them at a certain day before the King and his Counsel or into the Kings Bench. § 3. N. 3. And if they cannot be found that the Sheriff Notice or Vnder Sheriff shall make Proclamation in his full County next ensuing the delivery of the second Precept that they shall appear before the King and his said Counsel or in the Kings Bench or in the Chancery in time of Vacation within three weeks then next following § 3. N. 4. And in case the same Offenders come not as afore is said Attainder and the Proclamation made and returned they shall be Convict and Attainted of the Riot Assembly or Rout aforesaid notwithstanding any Article or Ordinance made to the contrary § 4. N. 1. And moreover that the Iustices of Peace 2 H. 5. C. 8. § 1. N. 6. dwelling nighest in every County where such Riot Assembly Justices or Rout of people shall be made hereafter together with the Sheriff or Vnder Sheriff of the same County and also the Iustices of Assises for the time that they shall be there in their Session in case that any such Riot Assembly or Rout be made in their presence shall do Execution of this Statute every one upon pain of an hundred pounds to be paid to the King as often as they shall be found in Default of the Execution of the same Statute Statuta Hen. 5. 2 H. 5. C. 4. ITem Forasmuch as the Servants and Labourers Apprentice of the Shires of the Realm do fly from County to County because they would not be Iustifiby the Ordinances and Statutes by the Law for them made to the great damage of Gentlemen and others to whom they should serve because that the said Ordinances and Statutes for them ordained be not Executed in every Shire Trades § 1. N. 2. Our Lord the King willing in this case to provide a Remedy by the Advise and Aâsent aforesaid and at the request of the said Commons hath ordained and established that the Statute of Labourers made at Canterbury viz. 12 R. 2. Cap 3. c. and all other good Statutes of Labourers made and not repealed be firmly holden and kept and put in due Execution Process § 1. N. 3. And moreover that the Iustices of Peace have power to send their Writs for such fugitive Labourers to every Sheriff of the Realm of England and to make Process as the Statute requireth to bring them before them to answer to our Soveraign Lord the King and to the parties of the Contempts and Trespasses made or done against the Ordinances and Statutes aforesaid in like manner as the Iustices have power to send to every Sheriff for the Felons before them Indicted Apprentice And also that all the Statutes and Ordinances of Labourers § 1. N. 4. Servants and Artificers before this time made and not repealed be Exemplified under the great Seal and sent to every Sheriff of the Realm of England thereof to make Proclamation in the full County and after this Proclamation so made that every Sheriff shall cause the said
South for the time being 3 H. 5. St. 2. C. 7. § 1. N. 3. And that the Iustices of Peace through the Realm Mony shall have power by the Kings Commissions to enquire of all such matters viz. as well of Counterfeiting and of bringing of false mony into the Realm as of clipping washing and every other Falsity of the said mony and thereupon make Process by Capias only against these which before them shall be thereof Indicted 8 H. 5. C. 3. § 1 N. 4 And the Iustices of Peace shall have power to enquire thereof Mettle viz. of Guilding or Silvering of Mettles c. and that to determin Statuta Hen. 6. 2 H. 6. Cap. 8. § 2. N. 2. AND that the Iustices of Peace within the Counties Ireland and the Mayors and Bailiffs within Cities and Burroughs Enfranchised have power to take before them viz. of Irish men that enter this Realm such manner of Surety of good abearing and to do Execution upon them which shall abide or do against the said Ordinances from henceforth C. 11. § 1. N. 5. And the Iustices of Peace in all Counties of England and Mayors and Bailiffs having power to enquire of the Peace shall enquire Measures hear and determin all the same defaults viz. in the Contents of Vessels of Wine Eels Herring Salmon c. C. 14. § 1. N. 8. And the Iustices of Peace Mayors and Bailiffs Mettle and all others having power as Iustices of Peace shall hear enquire and determin Viz. of Gold-smiths and others not working Silver by the touch or Sterling allay by Bill Plaint or in other manner all that do contrary to the said Ordinances and thereof make due Execution by their discretions 6 H. 6. Cap. 3. The Iustices of Peace and cheif Officers in Cities Apprentice c. shall make Proclamation what every Artificer and Workman shall take for Wages and the Penalty of a Servant Artificer or Labourer that taketh more 8 H. 6. Cap. 5. § 2. N. 7. And that the Iustices of Peace Mayors Measures Bailiffs and Stewards of Franchises have power by Authority aforesaid to Examin the Trespassers in this Case viz. of false Weights and to enquire in special of Offenders against this Ordinance and to do Execution of them that be found faulty by Enquests or by Examination to be made by the said Iudges or Officers in this case in the manner as afore is said Force Item Whereas by the noble King Richard late King of England Cap. 9. after the Conquest the second at his Parliament holden at Westminster the Morrow after All Souls the fifteenth year of his Reign viz. 15 R. 2. Cap. 2. amongst other things it was Ordained and Established that the Statutes and Ordinances made and not repealed of them that make Entries with strong hand into Lands or Tenements or other Possessions whatsoever and them hold with Force and of them that make Insurrections Riots Routs Ridings and Assemblies in disturbance of the Peace or of the Common Law or in affray of the People should be holden and fully Executed Justices And moreover it is ordained by the same Statute Viz. 15 R. 2. § 1. N. 2. Cap. 2. § 1. N. 2. that at all times that such forcible Entries be made and complaint thereof come to the Iustices of Peace or any of them that the same Iustices or Iustice shall take the power of the County and shall go or one of them shall go to the place where such force is made Force And viz. 15 R. 2. Cap. 2. § 1. N. 3. if they find § 1. N. 3. or he findeth any holding of such place forcibly after such Entry made they should be taken and put in the next Goal there to remain convicted by the Record of the same Iustices or Iustice until they have made Fine and Ransom to the King Process And viz. 15 R. 2. Cap. 2. § 1. N. 4. § 1. N. 4. that all the people of the County as well Sheriffs as others shall be attending to the said Iustices and assist them to arrest such Malefactors upon pain of Imprisonment and to make Fine and Ransom to the King Church And viz. 15 R. 2. Cap. 2. § 1. N. 5. § 1. N. 5. that in the same manner be done of them that make forcible Entries into Benifices or Offices of holy Church as in the same Statute is contained more at Large Collusion And for that the said Statute viz. 15 R. 2. Cap. 2. § 2. N. 1. doth not extend to Entries in Tenements in peaceable manner and after holden with force nor if the persons which enter with force into Lands or Tenements be removed or voided before the coming of the said Iustices or Iustice as before nor any Pain ordained if the Sheriff do not obey the Commands and Precepts of the said Iustices for to execute the said Ordinances many wrongful and forcible Entries be daily made in Lands and Tenements by such as have no Right and also divers Gifts Feoffments and Discontinuances sometimes made to Lords and other puissant Persons and Extortioners within the said Counties where they be conversant to have Maintenance and sometimes to such persons as be unknown to them so put out to the intent to delay and defraud such rightful Possessions of their right and recovery for ever to the final Disherison of divers of the Kings faithful Leige-people and likely daily to encrease if due remedy be not provided in this behalf Assurances Our Lord the King considering the Premises § 2. N. 2. hath ordained that the said Statute viz. 15 R. 2. Cap. 2. and all other Statutes of such Entries of Alienations made in times past shall be holden and duly Executed Force Ioyned to the same viz. to 15. R. 2. Cap. 2. that from henceforth where any doth make any forcible Entry in Lands and Tenements § 2. N. 3. or other Possessions or them hold forcibly after Complaint thereof made within the same County where such Entry is made to the Iustices of Peace or to one of them by the party grieved that the Iustices or Iustice so warned within a convenient time shall cause or one of them shall cause the said Statute viz. 15. R. 2. Cap. 2. duly to be Executed and that at the costs of the Party so grieved Enquest And moreover §. 3. N. 1. though that such persons making suh Entries be present or else departed before the coming of the said Iustices or Iustice in some good Town next to the Tenements so entred or in some other convenient place according to their discretion shall have or either of them shall have Authority and power to enquire by the people of the same County as well of them that make such forcible entries into Lands and Tenements as of them which the same hold with force § 3. N. 2. And if
§ 1. N. 3. after that they shall have the Records of the same Pleas and Processes before them shall have Power and Authority to continue the said Pleas and Processes and the same Pleas and Processes and all that depend upon them to hear and finally to determin as the other Iustices might and ought to have done of and in the same if no new Commission had been made Wax And that as well every Iustice of Peace in the County where he is Iustice as Mayors and Bailiffs within Cities and Boroughs C. 12. § 1. N. 4. Stewards of Lords within the Franchises of their Lords have Power and Authority to Examin and Search viz. those that sell Wax-Candles too dear as well by Weights of such Candles Images Figures and other Works of Wax as in other manner by their Discretion and all them that any thing shall hereafter do against this Statute and to punish them that by such Examination and Search shall be found guilty in the form abovesaid Dayes Item Whereas it was Ordained by a Statute viz. 12 Rich. 2. 14 H. 6. C. 4. Cap. 10. § 1. N. 2. that the Iustices of Peace of all the Counties of England for the time being should sit and hold all their Sessions four times by the year to Enquire and Execute all Charges contained in their Commission which they be sworn to do according to the form of the Statute upon a great pain as by the same Statute more fully appeareth Justices Our Lord the King considering that all the high Courts be set and holden in the County of Midlesex § 1. N. 2. continually during all the four times of the Term by which time of Term the Commons Inhabiting in and of the same County must attend from time to time to Enquire of all the Articles to the said Courts belonging as Reason and Law requireth and that presently after every of the said Terms ended the said Iustices of the said County do sit and hold their Sessions in the same County as they ought to do by force of the said Statute viz. 12 R. 2. Cap. 10. § 1. N. 2. more to avoid the said Penalty than for any other necessary thing there to be required at which Sessions they cause to come before them a great part of the Inhabitants and Commons of the said County of Midlesex to enquire of all manner of things as to them is given in charge and by that means they be charged and vexed throughout all the year as well out of the time of Term as in the time of Term so that they have no rest nor time to do their Husbandry and their Labour to get their Living in any wise to their utter undoing if they be not releived in this behalf § 1. N. 3. Therefore the same our Lord the King willing in this case to provide for them a Remedy hath Ordained by the Advise and Assent aforesaid Peace and at the Request of the said Commons of the Realm that the Iustices of Peace which now be and all other hereafter for the time being in the said County of Midlesex shall be clearly discharged of the said Penalty by Authority of the same Parliament from henceforth the Court of Kings Bench being set in the said County of Midlesex § 1. N. 4. Provided always that the said Iustices of Peace of the said County of Midlesex for the time being keep Force observe and execute the Court of the Sessions of the Peace two times in the year at least and more often if need be for any Riot or forcible Entry made within the same County of Midlesex and that upon the Pain and Forfeiture of such Sums as be for that ordained by any Law made before this time to the end and intent that the said Commons and Inhabitants of the said County of Midlesex be not enforced nor compelled to appear before the Iustices of Peace of the same County for the time being but at such time which shall seem by the Discretion of the same Iustices of Peace necessary and behoofeful 25 Ed 3. Cap. 8. 36 Ed. 3. Cap. 12. 12 R. 2. Cap. 10. § 1. N. 2. 2 H. 5. Cap. 4. § 2. N. 2. 18 H. 6 cap. 11. Item Whereas by Statutes viz. 1 E 3. Cap. 16. § 1. N. 2. Justices 18 E. 3. St. 2. Cap. 2. 13 R. 2. Cap. 7. 17 R. 2. Cap. 10. § N. 2. made in the time of the Kings noble Progenitors it was Ordained that in every County of England Iustices should be Assigned of the most worthy of the same Counties to keep the Peace and to do other things as in the same Statutes fully is contained which Statutes notwithstanding now of late in many Counties of England the greatest number have been Deputed and Assigned which before this time were not wont to be whereof some be of small Behaviour by whom the People will not be Governed nor Ruled and some for their necessity do great Extortion and Oppression upon the People whereof great Inconveniences be likely to rise daily if the King thereof do not provide Remedy § 1. N. 2. The King willing against such Inconveniences to provide Remedy Ability hath Ordained and Established by Authority aforesaid that no Iustices of Peace within the Realm of England in any County shall be Assigned or Deputed if he have not Lands and Tenements to the value of 20 l. by year § 1. N. 3. And if any be Ordained hereafter to be Iustices of Peace in any County which hath not Lands or Tenements to the value aforesaid Justices that he thereof shall give knowledge to the Chancellor of England for the time being which shall put another Sufficient in his place § 1. N. 4. And if he give not the said knowledge as before Notice within a Month after that he hath notice of such Commission or if he sit or make any Warrant or Precept by force of such Commission he shall incur the Penalty of 20 l. and nevertheless be put out of the Commission as before § 1. N. 5. And the King shall have one half of the said Penalty Forfeiture and he that will sue for the King the other half and he that will sue for the King and for himself shall have an Action to demand the same Penalty by Writ of Debt at the Common Law § 2. N. 1. Provided always that this Ordinance shall not extend to Cities Corporation Towns or Boroughs which be Counties Incorporate of themselves nor to Cities Towns or Boroughs which have Iustices of Peace of Persons dwelling in the same by Commission or Warrant of the King or of his Progenitors Ability Provided also § 2. N. 2. that if there be not sufficient Persons having Lands and Tenements to the value aforesaid learned in the Law and of good Governance within any such County that the Chancellor of England for
whereof § 2. N. 1. be it ordained and Enacted by Authority of this present Parliament that if any person or persons of what estate or degree soever he or they be at any time after the first day of April next coming falsly and deceitfully obtain and get into his or their hands or possession any Mony Goods Cattel Iewels or other things of any other Person or Persons by colour and means of any such false token or counterfeit Letter made in any other mans name as is aforesaid that then every such Person and Persons so offending and being thereof lawfully convict by Witnesses taken before the Lord Chancellor of England for the time being or by Examination of Witnesses or Confession taken in the Star-Chamber at Westminster before the Kings most honourable Council or before the Iustices of Assize in their Circuits for the time being or before the Iustices of Peace within any part of the Kings Dominions in their general Sessions or by Action in any of the Kings Courts of Record Imprisonment Shall have and suffer such Correction and punishment by Imprisonment of his Body sitting upon the Pillory or otherwise § 2. N. 2. by any Corporal Pain except pains of death as shall be unto him or them limited adjudged or appointed by the Person or Persons before whom he shall be so convict of the said Offences or any of them Process And be it further Enacted by the Authority aforesaid § 3. N. 1. that as well the Iustices of Assize for the time being as also two Iustices of the Peace in every County whereof the one to be of the Quorum shall have free Power and Authority to call and convent by Process or otherwise to the said Assizes or general Sessions any person or persons being suspected of any of the Offences aforesaid and to commit him or them to Ward or let him or them to Bail till the next Assizes or general Sessions there to be examined and further to be ordered by their discretions as is abovesaid § 4. N. 1. Provided always and be it further Enacted by the Authority aforesaid Franchises that Iustices of Peace within every City Borough Town and Franchise within this Realm or other the Kings Dominions shall have like Iurisdiction Power and Authority at their general Sessions and otherwise to do and execute all and every thing and things in all points as other Iustices of Assizes in their Circuits or Iustices of the Peace in the Counties by Virtue of this Act be limited and appointed to do and execute for the Punishment and Correction of like Offenders as by this foresaid Act is specified and declared § 4. N. 2. Saving to the Party greived by such deceit Collusion such Remedy by way of Action or otherwise of and for the same Mony Goods Cattels Iewels or other things so obtained as he might have had if this Act had never been had ne made anything in the same contained to the contrary in any-wise notwithstanding § 5. N. 1. Provided alwayes France and be it further Enacted by the Authority aforesaid that the Kings Highness Council of his Town of Calice or three of them for the time being shall have such and like Authority for the Examination Bailment and Punishment of such Offender or Offenders and for such Offences hereafter to be committed and done within the Town and Marches of Calice and County of Guiânes as the aforesaid Iustices of Assize or Iustices of Peace have by force of this Act whithin their Iurisdictions and Authorities C. â § 16. N. 2. And that the same Iustices of Peace Games viz. before whom any is brought for using Cross-bow Hand-gun Hagbut or Demyhake not measure c. upon a due Examination and Proof thereof before him had or made by his disretien shall have full Power and Authority to send or commit the same Offender or Offenders to the next Goal there to remain till such time as the said Penalty or Forfeiture Viz. of 10 l. shall be truly contented and paid by the same Offender § 19. N. 1 And be it further Enacted Justices c. that it shall be lawful to all Iustices of Peace in their Sessions c. to inquire hear and determine every such Offence c. committed and done contrary to the tenor of this present Act. C. 9. § 10. N. 3 And that Iustices of Assize of Goal-delivery Iustices of Peace Games and Stewards of Franchises Leets and Law-days have Power to inquire of all the Premises viz. of Archery in their Sessions Leets and Law-days and hear and determine the same and also by their discretion examin all persons lacking and not having Bows Shafts and Arrows according to the form aforesaid § 14. N. 1. Be it further Enacted Process c. that it shall be lawful to all and every the Iustices of Peace in every Shire Mayors Sheriffs Bailiffs and other head-Officers within every City Town and Borough within this Realm from time to time as well within liberties as without as Need and Case shall require to come enter and resort into all and every Houses Places and Alleys where such Games viz. Bowling Coyting Cloysh Cayls half-Bowl Tennis Dicing Table or Carding or any unlawful now Game hereafter to be invented c. shall be suspected to be holden exercised used or occupyed contrary to the form of this Statute § 14. N. 2. And as well the Keepers of the same as also the persons there haunting Imprisonment resorting and playing to take arrest and imprison and them so taken and arrested to keep in Prison unto such time as the Keepers and Maintainers of the said Plays and Games have found Sureties to the Kings use to be bound by Recognizance or otherwise no longer to use keep or occupy any such House Play Game Alley or Place § 14. N. 3. And also that the persons there so found be in likewise bound by themselves or else with Sureties by the discretion of the Iustices Mayors Recognizance Sheriffs c. no more to play haunt or exercise from thenceforth in at or to any of the said places or at any of the said games Parliament Forasmuch as before this time divers and sundry good Laws Statutes Cap 10. Provisions and Ordinances have been made by the Kins Majesty our Natural Soveraign Lord and other his most Noble Progenitors for the Increase and Advancement of the Publick and Common-Wealth of this Realm of England and of his Highness Subjects of the same amongst which some special notable and profitable Laws Statutes Ordinances and Provisions be very requisite convenient and expedient for the same Common-wealth duly and diligently to be put in daily Exercise and Execution Process And such as have been and be Authorised to put in due and just Execution such special and notable Laws Statutes and Ordinances § 1. N. 2. and to correct and
had or made this Act or any thing therein contained to the contrary notwithstanding § 14. N. 1. Provided always and be it Enacted by the Authority abovesaid Days that Iustices of the Peace within any Shire of this Realm of England and Wales shall not be compelled by vertue of this Act to assemble themselves for the Execution of this Act for this present year before the next general Assizes to be holden within every such County before the Feast of St. Michael the Arch-Angel next coming but that they and every of them shall be compelled upon like pain mentioned in this Act to assemble themselves at the said general Assizes for the execution of the same for this present year only according to the Purport Tenor and True meaning of this Act any thing in this Act to the contrary notwithstanding § 15. N. 1. Provided always that this Act nor any therein contained Cinque Ports shall not in any wise extend nor be prejudicial or hurtful to the County Palatine and Dutchy of Lancaster or any Town-Corporate within the same County Palatine and Dutchy having Iustices of the Peace for or concerning the extracting returning certifying or levying of any Issues Fines Forfeitures Amercements or Penalties to be taxed or assessed upon any person or persons in any Sessions to be holden within the said County Palatine and Dutchy of Lancaster or Towns-Corporate parcel of the same Dutchy by vertue of this Act but that the same Issues Fines Forfeitures Amercements and Penalties shall and may be extracted returned certifyed or levyed from time to time in such manner and form to all intents and purposes as they have used to be extracted returned certifyed and levyed at any time before the making of this Act this Act or any thing therin contained to the contrary notwithstanding § 16. N. 1 Provided always and be it Enacted by Authority aforesaid Forfeitures that all Issues Fines Amercements and Forfeitures rising and growing by vertue of this present Act within any of the general Liberties Franchises or Temporal-Iurisdictions which been severally appointed and assigned to the Survey Order and Governance of the King our Soveraign Lords several Courts of the Augmentations of the Revenues of his Crown and of the general Surveyors of the Kings Lands shall be claimed and allowed and also collected and levyed by the Kings Bailiffs or other Officers of the same Liberties Franchises and Iurisdictions for the time being and shall be severally answered to the King in the same several Courts after and according to such sort and order as other Issues Fines Amercements and Forfeitures within the same several Liberties Franchises and Iurisdictions as this present time been or ought to be claimed allowed and answered any thing in this present Act to the contrary notwithstanding Wales Provided always § 17. N. 1. and be it further Enacted by the Authority aforesaid That the Iustices of Peace in every of the Shires in South Wales and North Wales and County Palatine of Chester according to their limitation shall and may certifie all the Estreats by them to be made in manner and form as is aforesaid to and afore such Chamberlain or Chamberlains Chancellor or Chancellors Auditor or Auditors in such place or places as by the Kings Majesty is or hereafter shall be appointed or assigned for hearing and determining of the Sheriffs accounts in every of the said Shires in Wales or County Palatine aforesaid any thing in this Act mentioned to the contrary notwithstanding Franchise Provided always That this Act or any thing therein contained § 18. N. 1. shall not in any wise extend to the County Palatine and County of Durham or to any Town Corporate within the same County Palatine or County having Iustices of Peace for and concerning the extracting returning certifying or leavying of any Issues Fines Forfeitures Amerciaments or Penalties to be assessed or taxed upon any person or persons in any Sessions to be holden within the said County Palatine or County of Durham or within any Town Corporate situate and being within either the said County Palatine or County but that the same Issues Fines Forfeitures Amerciaments or Penalties and every of them may be assessed taxed extracted returned certified and levyed from time to time hereafter in such manner and form to all intents and purposes as they and every of them have been used to be assessed taxed extracted retorned certified and levyed at any time before the making of this Act or should be assessed taxed extracted retorned certified and levyed if this Act had never been had or made this Act or any thing therein contained to the contrary notwithstanding Cinque Ports Provided always and be it Enacted That this Act § 19. N. 1. or any thing therein contained shall not extend to the Barons and Inhabitants of or within the Cinque Ports or their members or to any of them to compel or constrain them or any of them to assemble themselves with any of the Iustices of the Peace out of their said Ports and Members and the liberties of the same or for and concerning the Estreating of Fines Issues Forfeitures and Amerciaments to be set lost or assessed by vertue of this Act within the liberties aforesaid Appearance But that they and every of them shall and may assemble themselves together at such place and places within their liberties for the executing of this Act as to them shall be thought most convenient § 19. N. 2. and to divide themselves after such fashion as they shall think best and most requisite for the executing of this Estatute in this Act mentioned Amercement And may and shall take such Fines Issues Forfeitures § 19. N. 3. and Amerciaments and every of them as shall be set lost and assessed by vertue of this Act in such manner and form and to such uses purposes and intents as they or any of them lawfully should might or ought to have had before the making of this Act this Act or any thing therein contained to the contrary notwithstanding Franchise Provided alway that this Act or any thing therein contained § 20. N. 1. be not at any time hereafter in any wise prejudicial or hurtful to any person or persons Bodies Politick or Corporate to their Heirs or Successors or to the Heirs or Successors of any of them for or concerning any their lawful rights titles interest or claims of in or to any manner of Issues Fines Amerciaments Penalties or other Forfeitures in any wise to be assessed lost and forfeited before any Iustices of Peace at their Sessions hereafter to be holden or kept in any Shires City Borough or Town Corporate within this Realm of England by vertue and authority of this Act. But that every such Person or Persons § 20. N. 2. Bodies Politick and Corporate their Heirs and Successors and the Heirs and Successors of every of them and their lawful deputies
of Parliament have given and granted any Liberty and Authority or otherwise have Authority by other lawful means or ways to ordain make and constitute any of the said Officers of Custos Rotulorum within any County Palatine or other place Peace Cap. 5. shall and may have and enjoy the same Liberty and Authority according as they have had and enjoyed the same any thing in this present Act had or made to the contrary notwithstanding Treason Forasmuch as it is most necessary in a Common-wealth to provide that Tranquility and Peace may be continued in this Realm § 1. N. 2. and that all things being contrary thereto may by foresight be eschewed Therefore it is Ordained and Enacted by the King our Soverain Lord with the assent of the Lords and Commons of this present Parliament assembled and by Authority of the same that if any persons to the number of twelve or above being assembled together at any time after the twelfth day of February next coming shall intend go about practice or put in ure with force of Arms unlawfully and of their own Authority to murder kill slay take or imprison any of the Kings most honourable Privy-Counsel or unlawfully to alter or change any Laws made or established for Religion by Authority of Parliament or any other Laws or Statutes of this Realm or any of them the same number of twelve or above being commanded or required by the Sheriff of the Shire or by any Iustice of Peace of the same Shire or by the Mayor Sheriffs Iustices of Peace or Bailiffs of any City Borough or Town-Corporate where any such Assembly shall be unlawfully had or made by Proclamation in the Kings Name to retire and repair to their own Houses Habitations or Places from whence they came and they or any of them notwithstanding such Proclamation shall remain or make their abode or continue together by the space of on whole hour after such Commandment or Request made by Proclamation or after that shall willingly in forcible and riotous manner attempt to do or put in ure any the things above specifyed that then as well every such abode and continuing together as every such Act or Offence that after such Proclamation Commandment or Request had or made shall be attempted to be done practiced or put in ure by any persons being of the number aforesaid shall be judged High-Treason in all and singular those persons that so shall make their abode or continue together or shall attempt or commit any such Act and the Offenders therein their Aiders Abetters and Procurers to be adjudged Traitors to the King and the Realm and shall suffer Execution of Death as in Case of High-Treason 1 Mar. 1. Stat. 2. Cap. 12. § 2. N. 1. And furthermore be it Enacted Coron Ordained and Established by the Authority aforesaid that if any persons to the number of twelve or above after the said twelfth day of February shall intend go about practice or put in ure in manner and form aforesaid to overthrow cut break cast down or dig up the Pales Hedges Ditches or other Closure of any Parks Park or other Grounds or Ground Inclosed or the Banks of any Fish-Pond or Pool or any Conduits for Water Conduit-heads or Conduit-pipes having Course of Water to the intent that the same or any of them from thenceforth should remain open not inclosed or void or unlawfully to have Common or a Way in the said Parks Park or other Grounds or Ground inclosed or in any of them or to destroy the Deer in any manner of Parks or Park or any Warrens or Warren of Connies or any Dove-houses or any Fish in any Pond or Pool or to pull or cut down any Houses Barns Mills or Bays or to burn any Stacks of Corn or Grain or to abate defalk or diminish the Rents or yearly Value of any Manners Lands or Tenements or the Price of any Victual Corn or Grain or any other things usual for the sustenance of Men and being required or commanded by any Iustice of Peace or by the Sheriff of the County or by the Mayor Bailiff or Bailiffs or other Head-Officers of any head-Head-City or Town-Corporate where such Assembly shall be had by Proclamation to be made in the Kings Name to retire or return in peaceable manner to their Habitations Places and Houses from whence they came and they or any of them notwithstanding such Proclamation shall remain or make their abode or continue together by the space of one whole hour after such Commandment or Request made by Proclamation or after that shall in forcible manner attempt to do or put in ure any of the things last before mentioned that then as well every such abode or continuing together as every such Act that after such Proclamation Commandment or Request had or made shall be done practiced or put in ure by any persons being above the number of twelve shall be adjudged Felony and the Offenders therein to be adjudged Felons and shall suffer Execution as in Case of Felony 1 Mar. 1. St. 2. Cap. 12. § 2. N. 1. § 2. N. 2. And every of the same persons Clergy to lose the Benefit of his Clergy and Sanctuary § 3. N. 1. And also it is Ordained and Enacted by the Authority abovesaid Riot that if any person or persons after the twelfth day of February unlawfully and without Authority by ringing of any Bell or Bells sounding of any Drum Trumpet Hornor other Instrument whatsoever or by firing of any Beacon or by malicious speaking or uttering of any words or making any out-cry or by setting up or casting any Bills Bill or Writing whatsoevever or by any other deed or act shall raise or cause to be raised or assembled any persons to the number of twelve or above to the intent that the same persons should commit and put in ure any of the acts or things above mentioned and that the persons to the number of twelve or above so raised and assembled after Commandment had or given in form aforesaid shall make their abode or continue together as is aforesaid or unlawfully perpetrate do commit or put in ure any of the acts or things abovesaid that then all and singular persons by whose Speaking Deed Act or any other the means above specified any persons to the number of twelve or above shall be raised or assembled for the doing committing or putting in ure any of the acts or things above mentioned shall be adjudged for his so speaking or doing a Felon and shall suffer Execution of Death as in Case of Felony 1 Mar. 1. St. 2. C. 12. §3 N. 1. § 3. N. 2. And shall lose his Benefit and Sanctuary and Clergy Clergy § 4. N. 1. And over that it is Ordained and Enacted by the Authority aforesaid Treason that if any persons to the number of forty and above after the said twelfth day of February shall be assembled
together in forcible manner unlawfully and of their own Authority to the intent to do exercise or put in ure any of the things above mentioned or to do any other Trayterous Felonies or Rebellions Act or Acts and so shall continue by the space of two hours that then every person so being willingly assembled in forcible manner and so continuing by the space of two hours shall be adjudged a Traytor to the King and to the Realm and shall suffer Execution of Death as in Case of High-Treason 1 Mar. 1. St. 2. C. 12 §20 N 1. Bar. Fem. And also that if any Wife or Servant of any of the same persons § 5. N. 1. or any other person whatsoever shall willingly and without Compulsion bring send deliver or convey any Mony Harness Artillery Weapon Meat Bread Drink or other Victual to any person or persons so being assembled as is aforesaid during such time as he or they shall so be assembled or be together as is aforesaid that then every Wife Servant or other person so bringing sending delivering or conveying any Mony Harness Artillery Weapon Meat Bread Drink or Victual to the same persons so being assembled together in forcible manner or to any of them shall be adjudged a Traytor to the King and to the Realm and shall suffer Execution of Death as in Case of High-Treason 1 Mar. 1. St. 2. Cap. 12. § 4. N. 1. Forfeiture And furthermore it is Ordained and Enacted by the Authority above said § 6. N. 1. that every person that at any time hereafter shall be attainted of or for any of the Treasons or Treason above mentioned shall upon his said Attainder forfeit his Goods and Cattels Interests for term of Life and of years Lands Tenements and other Hereditaments in like manner and form as any person attainted for Felony only should or ought to forfeit by the Common Laws of this Realm and not otherwise that is to say the King to have the year and day and wast of such Lands and Tenements wherof any person so attainted shall at the time of the Treason committed or at any time after have an Estate of Fee-Simple and also the Goods and Cattels real and personal Franchise And that the Lords of whom the said Lands and Tenements or any part thereof shall be holden § 6. N. 2. to have and enjoy the Lands or Tenements holden of him or them for ever in such the same manner and form as in Cases of Attainder of Felony at the Common-Law Tayl. And that every person that at any time hereafter shall be attainted of any of the Treasons aforesaid § 6. N. 3. shall forfeit the Lands and Tenements and other Hereditaments whereof he shall be seised of any Estate in Tayl or for term of Life or Lives at the time of any such Treason committed or at any time after during his Life only and no longer unless the person so attainted shall be thereof seised in his demean as of Fee at the time of the said Treason committed or at any time after Heir And that after the decease of the same person so attainted § 6. N. 4. all and singular such person and persons as should have had and enjoyed such Lands Tenements and other Hereditaments as any person that at any time hereafter shall be attainted of or for any Treason above specified shall fortune to be seised of any Estate in Tayl or for term of Life at the time of any such Treason committed or at any time after shall after the death of the same person that so shall fortune to be attainted have and enjoy the said Lands Tenements and other Hereditaments in like manner and form as though no such Attainder had been had any Law or Vsage to the contrary in any wise notwithstanding Riot And furthermore it is Ordained and Enacted by the Authority abovesaid § 7. N. 1 that if any persons above the number of two and under the number of twelve being assembled together at any time after the said twelfth day of February shall intend go about practice or put in ure with force of Arms unlawfully and of their own authority to murder kill or slay any of the Kings Majesties Subjects or to overthrow cut break cast down or dig up the Pales Hedges Ditches Wall or other Closure of any Parks Park or other Ground inclosed or the Bank of any Fish-Pond or Pool to the intent that the same or any of them from henceforth should remain open not inclosed or void or to have Common or Way in the same Parks Park or other Grounds or Ground inclosed or any of them or to destroy any manner of Parks or Park or Fish-Pond or Pool or any Warrens or Warren of Connies or any Dove-houses or to pull or cut down any House Barn Mill or to burn any Stacks of Corn or Grain or alter defalk or abate the Rents or yearly Value of any Mannors Lands or Tenements of any of the Kings Subjects or the price of any Victual Corn or Grain or any other things usual for the Sustenance or Apparel of Men and being required or commanded by any Iustice of the Peace or the Sheriff of the County or by any Mayor Bailiffs or Bailiff or other Head-Officer of any City or Town-Corporate where such Assembly shall be had by Proclamation to be made in the Kings Name to retire or return to their Habitations Places or Houses and they so required by such Proclamation shall not so do but after that shall in forcible manner in form aforesaid attempt to do or put in ure any of the things last above mentioned that then every of the same persons being above the number of two and under the number of twelve shall suffer Imprisonment of his or their bodies by the space of one year without Bail or Mainprise 1 Mar. 1. St. 2. Cap. 12. § 5. N. 1. § 7. N. 2. And shall make Fine and Ransom at the Kings Will and Pleasure Amercement § 7. N. 3. And also that if any person or persons at any time after the twelfth day of February shall be damnified or hurt by the doing Damages committing or putting in ure of any unlawful act or thing above mentioned that then all and singular persons so damnified or hurt shall recover and have Damages with the Costs of their Suit sustained in that behalf trebled against the Offenders therein 1 Mar. 1. St. 2. Cap. 12. § 6. N. 1. § 8. N. 1. And forasmuch as such evil disposed persons which of late time made Commotions and Rebellion in certain places within this Realm War being but few in number at such time as they did begin the same Commotion were not in short time after the beginning thereof suppressed by strength for that the Kings loving Subjects for fear to incur the danger of the Laws of this Realm durst not take upon them so to do a greater
number of evil disposed persons did come and joyn themselves to the said small number whereby the same evil disposed persons took upon them such boldness that they would not be reduced to obedience without much blood shedding to the great danger of the Kings Majesties person where if the Kings loving Subjects durst have taken upon them to have suppressed them at the beginning such inconvenience of blood-shed should not have followed 1 Mar. 1. St 2. Cap. 12. § 7. N. 1. § 8. N. 2. Therefore it is also Ordained and Enacted by the Authority aforesaid Justices that if any persons above the number of two that at any time after the said twelfth day of February shall be unlawfully and of their own authority assembled together to the intent with force of Arms to do practice or put in ure any of the things above mentioned that then it shall be lawful to every Iustice of Peace and to every Sheriff in any County being within the Kings Dominions and to every Mayor Bailiff and other Head-Officer of any City or Town-Corporate for the time he shall be in Office or any other person or persons having the Kings Commission or Letters from his Highness or his Privy Council as well to raise and assemble the Kings loving Subjects in manner of War to be arrayed in such great number as he or they then shall think meet or able to the intent by Violence and Strength to suppress apprehend and take the said persons that so shall be unlawfully assembled 1 Mar. 1. St. 2. Cap. 12. § 7. N. 2. § 8. N. 3. And that if the said persons so unlawfully assembled Process after such Commandment or Request by Proclamation or otherwise made shall continue together and not endeavour themselves to return towards their Habitations Houses or Places from whence they came in such short time as they may conveniently that then it shall be lawful to every Iustice of Peace Sheriff and also to every Mayor Bailiff and other Head-Officer of any City or Town-Corporate and to every other Person having Authority as aforesaid after such Commandment or Request by Proclamation made and to such persons as shall be assembled with any Iustice of Peace or Sheriff or with any Mayor Bailiff or other Head-Officer of any City or Town Corporate and with every other person having Authority as is aforesaid to suppress apprehend and take those persons so unlawfully assembled which after such Request made shall continue together and not endeavour themselves to return towards their Habitations or Places from whence they came 1 Mar. 1. St. 2. Cap. 12. § 7. N. 3. Coron And that if the said persons so unlawfully assembled together or any of them shall fortune to be killed slain maimed or hurt § 8. N. 4. in or about the suppressing or taking of them that then every such Iustice of Peace Sheriff Mayor Bailiff and other Head-Officer and every other person having Authority as is aforesaid and all and singular persons by him or them assembled shall be free discharged and unpunishable as well against the King as against all and every other person and persons of for or concerning the killing slaying maiming and hurting of any person or persons so unlawfully assembled that shall fortune to be killed slain maimed or hurt about or by occasion of suppressing or taking of them 1 Mar. 1. St. 2. Cap. 12. § 7. N. 4. Copy-holder And furthermore be it Enacted by the Authority aforesaid § 9. N. 1. that all and every Copy-holder or Customary-Holder being Artificer Husband-man or Laborer and being of the age of eighteen years or more and under the age of forty years not sick impotent lame maimed ne having any other just or reasonable excuse or cause to the contrary and being required by the Sheriff Iustice or Iustices of the Peace or other having Authority by this Act or by Commission or Letters as is aforesaid in that behalf they declaring their said Authority or being required by the immediate Lord or Lords of whom such Copy-holds or Customary holds then shall be holden to serve the Kings Majesty for any the causes above rehearsed and refuse so to do shall only during the Life of such person or persons so refusing forfeit and lose to his or their Lord or Lords of whom such Copy or Customary-holds then shall be immediately holden and should be holden during the Life of such person or persons so refusing in Case he or they had not so refused all their Copy-holds and Customary-holds 1 Mar. 1. St. 2. Cap. 12. § 8. N. 1. Seisure And that it shall be lawful to every such Lord or Lords § 9. N. 2. their Heirs or Assigns of whom such Copy-holds or Customary-holds shall be immediately holden and should have béen holden in case such person or persons had not so refused by vertue of this present Act to enter and take into his or their Hands or Possession all such Copy-holds and Customary-holds so holden of them or any of them immediately and to retain the same during only the Life of every such Offender or Offenders in such manner and form as he or they should have had the Rents or Services of such Copy-hold or Customary-hold in Case such person or persons so refusing had not refused 1 Mar. 1. St. 2. Cap. 12. § 8. N. 2. âorfeiture And that all and every Farmer being a Yeoman Husbandman § 9. N. 3. Artificer or Laborer and being of the age of eighteen years or more and under the age of forty years not sick impotent lame maimed ne having any other just or reasonable excuse or cause to the contrary and being required by the Sheriff Iustice or Iustices of the Peace or other having Authority by this Act or by Commission or Letters as is aforesaid in this behalf they declaring their said Authority or being required by their Land-Lord or Land-Lords for the time being to whom the Rents of such Farms shall be then rising coming or growing to serve the Kings Majesty for any the Causes above rehearsed and refuse so to do shall during only the Life of such Farmer or Farmers so refusing forfeit and lose to such Land-Lord and Land-Lords as should have had the Rents of such Farmers during the Life and Lives of such person or persons so refusing all their said Farms 1 Mar. 1. St. 2. Cap. 12. § 9. N. 1. Entrie And that it shall be lawful to every such Land-Lord and Land-Lords § 9. N. 4. their Heirs and Assigns to whom the Rents of such Farms should have been due during the Life of such person or persons so refusing in case such person or persons had not so refused by vertue of this present Act to enter and take into his or their Hands or Possession all such Farms and to retein the same during only the Life of every such Offender or Offenders 1 Mar. 1. St. 2. Cap. 12. § 9. N. 2.
have done before the same as in the said Act more plainly appeareth § 1 N. 2. Sithence the making of which Act viz. 1 Ed. 6. 7. § 4. N. 1. Sheriffs divers persons being in the Commission of the Peace in one County have been made Sheriffs of the same County and have exercised either of the said Offices which seemeth not to be convenient § 2. N. 1. Wherefore be it Enacted Abatement c. that no manner of person or persons having using or exercising the Office of the Sheriff of any County or Counties shall use or exercise the Office of Iustice of Peace by force of any Commission or otherwise in any County or Counties where he or they shall be Sheriff during the time only that he or they shall use or exercise the said Office of Sheriff-wick any thing in the said former Act viz. 1 Ed. 6. 7. § 4. N. 1. to the contrary in any wise notwithstanding § 2. N. 2. And that all and every act and acts to be done by any such Sheriff and Sheriffs Sheriff by Authority of any Commission of the Peace during the time abovesaid shall be void and of none effect the said former Act viz. 1 Ed. 6. 7. § 4. N. 1. notwithstanding Cap. 12. Forasmuch as it is most necessary in a Common-wealth to provide that Tranquility and Peace may be continued in the Realm Peace and that all things being contrary thereunto may by foresight be eschued 3 4 Ed. 6. 5. § 1. N. 2. Therefore it is Ordained and Enacted Riot c. that if any persons to the number of twelve or above being assembled together at any time after the twentieth day of December next coming shall intend go about practice or put in ure with force of Arms unlawfully and of their own Authority to alter or change any Laws made or established by Authority of Parliament which shall stand in force after the said twentieth day of December or any other Laws or Statutes of this Realm or any of them the same number of twelve or above being commanded or requested by the Sheriff of the Shire or by any Iustice of Peace of the same Shire or by the Mayor Sheriff Iustices of Peace or Bailiff of any City Borough or Town-Corporate where any such Assembly shall be unlawfully had or made by Proclamation in the Queens Name to retire and repair to their own Houses Habitations or Places from whence they came and they or any of them notwithstanding such Proclamation shall remain and make their abode or commune together by the space of one whole hour after such Commandment or Request made by Proclamation or after that shall willingly in forcible and riotous manner attempt to do or put in ure any of the things above specified that then as well every such abode or continuing together as every such act or offence that after such Commandment or Request by Proclamation had or made shall be attempted to be done practised or put in ure by any persons being of the number aforesaid shall be adjudged Felony in all and singular those persons that so shall make their abode or continue together or shall attempt or commit any such act and the Offenders therein to be adjudged Felons and shall suffer only execution of Death as in Case of Felony 3 4 Ed. 6. 5. § 1. N. 2. Coron And furthermore it is Enacted § 2. N. 1. Ordained and Established by Authority aforesaid that if any persons to the said number of twelve or above after the said twentieth day of December shall intend go about practice or put in ure in manner and form aforesaid to overthrow cut break cast down or dig up the Pales Hedges Ditches or other Inclosure of any Parks Park or other Ground or Grounds inclosed or the Banks of any Fish-Pond or Pool or any Conduits of water Conduit-heads or Conduit-pipes having course of water to the intent that the same or any of them from henceforth should remain open and unclosed or void or unlawfully to have Common or Way in the said Parks or Park or other Grounds or Ground inclosed or any of them or to destroy in manner and form aforesaid the Deer of any manner of Parks or Park or any Warrens or Warren of Conies or any Dove-houses or any Fish in any Fish-Pond or Pool or to pull or cut down any Houses Barns Mills or Bays or to burn any Stacks of Corn or Grain or to abate defalk or diminish the Rents or yearly Value of any Mannors Lands or Tenements or the Price of any Victual Corn or Grain or any other thing usual for the Sustenance of Men and being required or commanded by any Iustice of Peace or by the Sheriff of the County or by the Mayor Bailiff or Bailiffs or other Head-Officers of any City or Town-Corporate where such Assembly shall be had by Proclamation to be made in the Queens Name to retire or return in Peaceable manner to their Habitations Places and Houses from whence they came and they or any of them notwithstanding such Proclamation shall remain or make their abode or continuance together by the space of one whole hour after such Commandment or Request made by Proclamation or after that shall in forcible manner do or put in ure any of the things last before mentioned that then as well every such abode and continuing together as every such act that after such Commandment or Request by Proclamation had or made shall be done practised or put in ure by any persons being above the number of twelve shall be adjudged Felony and the Offenders therein to be adjudged Felons and shall suffer only the Execution of Death as in Case of Felony 3 4 Ed. 6. 5. § 2. N. 1. c. Notice Provided always and be it Enacted c. that if any person or persons § 15. N. 1. do or shall molest let hinder or hurt any person or persons that shall proclaim or go to proclaim according to the Proclamation and Order made in the Statute aforesaid whereby such Proclamation shall not be made that then all and every such person and persons so molesting letting hindring or hurting and having knowledge of his Message shall incur and be in such Danger and suffer such Pain or Pains and Forfeitures as the persons assembled to whom the Proclamation should have been made should by this Act incur for not obeying the Proclamation if it had been made or for doing after the Proclamation of any the things before in this Act expressed 3 4 Ed. 6. 5. § 15. N. 1. § 15. N. 2. And that also all and every such person and persons being assembled to the number aforesaid to attempt or do any of the things aforesaid Forfeiture to whom Proclamation should or ought to have been made if the same had not been setted as is aforesaid shall likewise in case they do afterwards commit put in
in about the Execution of this Statute it is further Ordained c. that every Iustice of Peace c. for every day that he shall sit in and about the Execution of this Estatute shall have allowed unto him five shillings to be allowed and paid unto him c. of the Fines and Forfeitures of the Pains and Penalties that should be forfeited and due c. by force of this Estatute in such manner c. as the said Iustices have been heretofore commonly paid for their coming and charges at the Quarter Sessions so that the sitting of the said Iustices c. be not at any one time above three days and for the matters contained in this Estatute § 39. N. 2. And that the said Iustices or two of them Justices whereof one to be of the Quorum shall have full Power and Authority to hear and determine all and every Offence and Offences that shall be committed or done against this Statute or against any Branch thereof as well upon Indictment to be taken before them in the Sessions of the Peace as upon Information of Debt or Bill of Complaint to be sued or exhibited by any person § 39. N. 2. And shall and may by vertue hereof Process make Process against the Defendant and award Execution as in other Case they lawfully may by any the Laws and Statutes of this Realm § 39. N. 3. And shall yearly at Michaelmas Term certify by Estreat Certificate the Fines and Forfeitures of every the Offences contained in this Estatute that shall be found before them into the Court of Exchequer in like sort and form as they be bound to certify the Estreats for other Offences and Forfeitures to be lost before them c. § 47. N. 1. And be it further Enacted c. that if any Servant or Apprentice c Apprentice unlawfully depart or flee into any other Shire that it shall be lawful to the said Iustices of Peace c. for the time being Iustices of the Peace there to make and grant Writs of Capias so many and such as shall be needful to be directed to the Sheriffs of the Counties or to other Head-Officers of the Places whether such Servants or Apprentices shall so depart or flee to take their Bodies returnable before them at what time shall please them so that if they come by such Process that they be put in Prison till they shall find sufficient Surety well and honestly to serve their Masters Mistresses or Dames from whom they so departed or fled according to the Order of the Law C. 5. § 30. N. 3. And for all and singular such other of the Offences before mentioned viz. of Transporting or Buying Fish on the Sea purveyance Fish c. as shall be done in the Land or within any Haven or Peer all Iustices of Peace in their Sessions and Mayors Sheriffs and Bailiffs and other Head-Officers in Cities and Towns-Corporate in their Sessions or other Courts within the limits of their Commissions or Authorities shall have full Power and Authority to inquire of the Offenders of this Act viz. of Increase of the Navy as well by the Oaths of twelve men as otherwise by Information and thereupon to hear and determine the same § 31. N. 1. And if any person shall be presented Process c. within the limits of their Authorities or any Information given to them of any Offender of this Act that then they shall have full Power and Authority upon any such Presentment or Information to make Process against the Offenders of this Act like as is commonly used upon Indictment of Trespass § 33. N. 1. And all such Forfeitures as according to the Tenor of this Act shall be determinable before the Iustices of the Peace Forfeiture shall be to the use of the Queens Majesty her Heirs and Successors § 43. N. 1. Provided always and be it further Enacted Admiral that no Fisher-man using or haunting the Sea shall be taken by the Queens Majesties Commission to serve her Highness as a Mariner upon the Sea but that the said Commission be first brought by her Highnesses Taker or Takers to two Iustices of Peace next inhabiting to the said Sea-Coasts Towns or other Places where the said Mariners are so to be taken to the intent the siad Iustices may chuse out and cause to be returned such sufficient number of able men as in the said Commission shall be contained to serve her Majesty as is aforesaid C. 9. § 9. N. 1. And be it also Enacted Oath c. that as well the Iudge and Iudges of every of the said Courts where any such Suit viz. for Perjury or Subornation c. is or shall be and whereupon any such Perjury is or shall happen to be committed as also the Iustices of Assizes and Goal-delivery in their several Circuits and the Iustices of the Peace in every County within this Realm or in Wales at their Quarter Sessions both within the Liberties and without shall have full Power and Authority by vertue hereof to inquire of all and every the Defaults and Offences perpetrated commited or done contrary to this Act by Inquisition Presentment Bill or Information before them exhibited or otherwise lawfully to hear and determine the same and thereupon to give Iudgment award Process and Execution of the same according to the Course of the Laws of this Realm Licence In Consideration whereof C. 12. § 4 N. 1. viz. of the Decay of Husbandry and high Prices by too great number c. be it Enacted c. that no Drover of Cattle Badger Lader Kidder Carrier Buyer or Transporter of Corn or Grain Butter and Cheese be c. licenced admitted assigned or allowed to those Offices or Doings or to any of them but only in the general and open quarter Sessions of the Peace to be holden in the Shire where such person c. shall dwell and hath or shall have dwelled there by the space of three years next before the Test of his said Licence 5 6 Ed. 6. Cap. 14. § N. Justices Which said Licences and every of them § 5. N. 1. shall bear date of the Day and Place where the said Sessions shall be holden and shall be signed and sealed with the proper Hands and Seals of three of the said Iustices of the Peace being present at the saââe Sessions at the least whereof one to be of the Quorum Process Be it also Enacted § 8. N. 1. c. that the Iustices of Peace in every County within this Realm or Wales at the quarter Sessions shall have full Power and Authority by vertue of this Act to inquire hear and determine all and every the Defaults and Offences perpetrated committed or done contrary to this Act within the County where any such Sessions shall be kept by Inquisition Presentment Bill or Information before them exhibited and
and bring him to the next Iustice of the Peace of that Shire where such tender shall be made if he shall be of power and able so to do or for lack of such ability shall within the space of three days next after such Offer made c. disclose the Name and Names of such person c. as so shall make the same Offer and the Dwelling-place or Place or Resort of the same person c. which he shall endeavour himself to know by all the means and ways he can to the Ordinary of the Diocess or to any Iustice of Peace of that Shire where such person c. to whom such offer shall be made c. shall be resiant Days And also if such person c. to whom such offer shall be made § 8. N. 2. shall happen to receive any such Agnus Dei c. and shall within the space of one day next after such receit deliver the same to any Iustice of Peace within the same Shire where the Party so receiving shall be then resiant or shall happen to be Forfeiture That then every such person and persons doing any the Acts or Things in this Provision above mentioned in form above declared § 8. N. 3 shall not by force of this Statute incur any Danger or Penalty c. Justices Provided also and be it further Enacted § 10. N. 1. c. that if any Iustice of Peace to whom any Matter or Offence before mentioned shall be uttered shewed or declared as is aforesaid do not within the space of fourteen days next after it shall be to him shewed or uttered signify or declare the same to some one of the Queens Majesties Privy-Council that then the same Iustice of Peace shall incur the Danger Pain and Forfeiture Provided by the said Statute c. viz. 16 Rich. 2. Cap. 5. § 2. N. 6. Usury And be it further Enacted C. 8. § 6. N. 1. that Iustices of Oyer and Terminer and Iustices of Assize in their Circuits Iustices of Peace in their Sessions c. shall also have full Power and Authority to inquire hear and determine of all and singular Offences viz. of Usury committed against the said Statute viz. 37 H. 8. Cap. 9. now revived Sewers And that the Iustices of Peace in the Shire C. 9. § 2. N. 2. c. where the same Laws Ordinances and Constitutions viz. of Sewers are to be executed within their several Commissions or Limits or six of them whereof two to be of the Quorum shall have Power and Authority by the space of one whole year next after the expiration of every such Commission to execute the same Laws Ordinances and Constitutions and every of them as fully and in as ample manner and form as the Commissioners or any of them named and appointed in every or any Commission so expired might or should have done to all Intents and Purposes as if the said Commission or Commissions had continued in force Justices Provided always and be it nevertheless Enacted § 3. N. 1. that if any new Commission of Sewers shall be made within the said year that then immediately from and after such Commission newly made and published the Power of the said Iustices of Peace and every of them in any wise concerning the Execution of any such Laws Ordinances and Constitutions of Sewers shall utterly cease any thing or things in this Act to the contrary expressed in any wise notwithstanding Corn. Provided nevertheless C. 13. § 2. N. 1. that neither any of the said Presidents and Councils nor the said Iustices of Assize nor the said Iustices of Peace c. shall publish any their Determinations c. viz. for Permission or Prohibition of the Transportation of Corn until the same shall be first by Writing notified to the Queens Majesty or to her Privy-Council and by her Majesty or her Privy-Council shall be liked or allowed Imprisonment And by the said Iustice or Head-Officer 14. Eliz. Cap. 5. § 2. N. 3. viz. before whom sturdy Beggar c. above fourteen shall be brought to be presently committed to the Common Goal of the said County being apprehended within the County or else such other place as by the Iustices of Peace of that County or three of them at their general Sessions shall be appointed Licence Be it also further Provided that no Licence § 10. N. 1 c. viz. of Pasport or to beg c. shall give any manner of liberty or be of any manner of force but only in the Shire whereof the Grantor c. of such Licence shall be Iustice c. of the Peace Taxes And that done viz. the numbe of Poor registred § 14. N. 7 c. they the said Iustices Mayors Sheriffs Bailiffs and other Officers within every their several Commissions c. shall by their good discretions tax and assess all and every City Borough Town Village Hamlet and Place known within the said Limits and Divisions to such weekly charge as they and every of them shall weekly contribute towards the relief of the said poor people Account And further be it Enacted § 18. N. 1. that the said Collectors viz. for the Poor and every of them c. shall make their just Account half yearly c. to two Iustices of the Peace dwelling next the said abiding place or places not being within any City Borough or Town-Corporate § 21. N. 1. Provided c. and be it further Enacted Poor c. that three Iustices of Peace whereof one to be of the Quorum of and with the Surplusages and Forfeitures the said Poor c. provided for shall by their discretions in such convenient place c. within their said Shires as they shall think meet place and settle to work the Rogues and Vagabonds c. § 24. N. 1. And be it further Enacted Justices c that three Iustices of Peace within all the Shires of this Realm whereof one to be of the Quorum shall have full Power c. to hear and determine all Causes Except Forfeitures of Justices of Peace that shall come in question by reason of this Act. § 33. N. 1. Also be it provided that if any Taxes c. shall find him or her self grieved with any Taxation set upon them by vertue of this Act it shall be lawful for them at the next general Sessions of the Peace to be holden within the same Shire where their Taxation shall be to make Complaint thereof to the Iustices of the Bench and to be eased of their excessive charge by the discretion of the whole Bench or the most part of them 18 Eliz. C. 3. § 2. N. 2. It is Ordained c. that two Iustices of the Peace Bastardy whereof one to be of the Quorum in or next unto the limits where the Parish Church is within which Parish
shillings forfeit by carriage from Iron Mills between the first of May and the twelfth of October to be levyed after default of payment thereof viz. to Justice of Peace near adjoyning to Annoyance of way by such Iustice of Peace C. 19. § 3. N. 2. or assignee by way of distress of any of the Goods and Chattels remaining in the said County of such person as so should have paid such sums Drapery And c. it may be also Enacted that every Iustice of Peace C. 20. § 8. N. 1. Head-Constable or other the Overseers c. viz. of Northern Cloths shall have full Power c. to enter in or upon any the Messuages c. of any person c. to search for any such Tenters of what sort or kind soever or any manner of Ropes Rings Heads Wrinches or other Engines whatsoever whereby any falshood or deceit may be used in or about the stretching and straining of any the said Cloths Kerseys Dozens Frizes Cottons Pennistones Kighley Whites or any other Cloth by what name or names soever they be called or any of them Process And that the said Iustices of Peace in the Quarter Sessions § 10. N. â shall and may inquire hear and determine every Fault or Offence c. except the Offences c. made by the Iustices of Peace by Presentment Bill or Information and upon proof thereof made by two sufficient Witnesses openly given to the Iury and then to give Order for the Execution of this Statute 43 Eliz. C. 7. § 1. N. 2. Be it therefore Enacted c. that all and every such lewd person Trespass c. which c. shall cut or unlawfully take away any Corn or Grain growing or rob any Orchards or Gardens or break or cut any Hedges Pales Rails or Fence or dig or pull up or take up any Fruit-Tree or Trees in any Orchard Garden or elsewhere to the intent to take and carry the same away or shall cut or spoyl any Woods or Vnder-woods Poles or Trees standing not being Felony by the Laws of this Realm § 1. N. 3. And their Procuror and Procurors Accessary Receiver or Receivers knowing the same § 1. N. 4. Being thereof lawfully convicted by the Confession of the Party Proof or by the Testimony of one sufficient Witness upon Oath before some one Iustice of Peace Mayor c. of the County City or Town-Corporate § 1. N. 5. Which said Iustice or other Head-Officer Oath shall have Power by force of this Statute to minister the said Oath where the Offence shall be committed or the Party offending apprehended § 1. N. 6. Shall give the Party c. such recompence and satisfaction Damages c. as by any one Iustice of Peace c. shall be ordered and appointed and the same to be only for the first Fault § 1. N. 8. And for every such Offence c. Eftsoons committed the person Justices c. so offending to receive the said punishment of whipping viz. if the Justice think him unable to satisfie c. § 2. N. 1. And be it Eniacted Process c. that if any Constable or other inferior Officer do refuse or do not at the Commandment of any Iustice of Peace or other Head-Officer execute by himself or some other to be by him appointed upon the Offender the Punishment limited by this Statute that in that Case it shall and may be lawful for the said Iustice of Peace to commit the Constable or other inferior Officer so refusing c to the Common Goal c. there to remain without Bail or Mainprize until the said Offender c. be by the said Constable c. punished and whipped c. § 3. N. 1. Provided always Justices that no Iustice of Peace or other Head-Officer do execute this Statute for any the Offences aforesaid done unto himself unless he be associated and assisted with one or more other Iustices of Peace whom the Offence doth not concern C. 13. § 4. N. 1 Be it c. Enacted Outlawry that every Clerk of the Peace within every of the said Counties viz. Cumberland Northumberland Westmerland and Durham shall within the space of two Months next after any Outlawry within any of the said Counties deliver or cause to be delivered by Writing under his Hand the Names of all and every such as are or shall be hereafter out-lawed within their several Counties to all and every the Sheriffs of the said several Counties § 6. N. 1. And be it further Enacted Coron that the Iustices of Assize within any of the said Counties Iustices of Goal-delivery Iustices of Oyer and Terminer or Iustices of Peace within any of the said Counties at any of their General Sessions shall have full Power and Authority by vertue of this Act to inquire hear and determine of the Offences and Defaults of the said Sheriffs Mayors Bailiffs Aldermen and other Officers and of the Clerks of the Peace within the said Counties viz. in proceeding against Robbers Felons c. and proceed against them by Information or Indictment and punish them by Fine Imprisonment or otherwise as they shall think fit Statuta Jac. Drapery AND that if the said Offence 1 Jac. 6. § 7. N. 2. c. of not paying so much or so great Wages to their said Workmen c. viz. Clothiers c. shall be confessed by the Offender or that the same shall be prooved by two sufficient and lawful Witnesses before the Iustices of Peace in their Quarter Sessions of the Peace the Iustices of Assize in their Sessions or before any two Iustices of Peace whereof one to be of the Quorum that then every such person shall forthwith stand and be in Law convicted thereof Justices Provided nevertheless and be it Enacted § 9. N. 1. c. that no Cothier being a Iustice of Peace in any Precinct or Liberty shall be any Rater of any Wages for any Weaver Tucker Spinster or any other Artizan that dependeth upon the making of Cloth Fees And in Case there be not above the number of two Iustices of Peace within such Precinct or Liberty but such as are Clothiers § 9. N. 2. that in such Case the same Wages shall be rated and assessed by the major part of the Common-Council of such Precinct or Liberty and such Iustice and Iustices of Peace if any there be as are not Clothiers Ale Viz. Inn-Keeper C. 9. § 2. N. 6. Ale-house Keeper or Victualler to forfeit Ten Shillings for suffering Tipling c. The same Offence being viewed and seen by any Mayor Bailiff or Iustices of Heace within their several Limits or prooved by the Oath of two Witnesses to be taken before any Mayor Bailiff or any other Head-Officer or any one or more c. Iustices of the Peace who by vertue of this Act shall be
Recusant Forfeiture c. which shall have any such Armor c. shall refuse to declare or manifest unto the said Iustices of Peace or any of them what Armor he she or they have or shall have or shall let hinder or disturb the delivery thereof to any of the said Iustices or to any other person c. Authorized by their Warrant to take and seize the same then every such person so offending contrary to this Statute in this behalf shall forfeit and lose to the Kings Majesty his Heirs and Successors his and their said Armor c. and shall also be Imprisoned by Warrant of or from any Iustices of Peace of such County by the space of three months without Bail or Mainprize C. 10. § 1. N. 2. Be it Enacted c. that all Imprisonment c. that c. shall be Committed to the Common or usual Goal within any County or Liberty within this Realm by any Iustice or Iustices of the Peace for any offence or misdemeanor to any such Goal that the said person c. so to be committed c. having means or ability thereunto shall bear their own reasonable charges for so conveying or sending them to the said Goal and the charges also of such as shall be appointed to Guard them to such Goal and shall so Guard them thither § 1. N. 3. And if any such person c. so to be committed Process c. shall refuse at the time of their commitment and sending to the said Goal to defray the said charges or shall not then pay or bear the same that then such Iustice or Iustices of the Peace shall and may by writing under his or their Hand and Seal or Hands and Seals give Warrant to the Constable c. of the Hundred or Constable or Tythingman of the Tything or Township where such person or persons shall be dwelling and Inhabit or from whence he or they shall be committed as aforesaid or where he or they shall have any Goods within the County or Liberty to sell such and so much of the Goods and Chattels of the said persons so to be committed as by the discretion of the said Iustice or Iustices of the Peace shall satisfie and pay the charges of such his or their conveying and sending to the said Goal the appraisement to be made by some of the honest Inhabitants of the Parish or Tything where such Goods or Chattels shall remain and be and the overplus of the mony which shall be made thereof to be delivered to the party to whom the said Gooods shall belong § 2. N 1. And be it further Enacted c. that if the said person Taxes c. so to be committed c. shall not have or be known to have any Goods or Chattels which may be sold for the purpose aforesaid within the County or Liberty that then an indifferent Tax or assessemement shall be made by the Constables and Church-wardens and two or three other the honest Inhabitants of the Parish Township or Tything where the said Offender c. shall be taken or apprehended the said Taxation being allowed under the hand of one or more Iustice or Iustices of the Peace if there be such Constables or Church-wardens there Inhabiting and in default of them by four of the principal Inhabitants of the said Parish Township or Tything where such Offenders shall be taken or apprehended § 2. N 2. And if any so Taxed or assessed Justices shall refuse to pay their said Taxation then the Iustice or Iustices by whom the said offenders shall be committed c. or any other Iustice of Peace near adjoyning shall and may give Warrant as aforesaid to the Constable Tythingman or other Officer there to distrain the Goods of any so assessed which shall refuse to pay the same and to sell the same C. 12. § 2. N. 3. The said forfeitures Fish viz. For Fishing within five Miles of Haven with Net under three Inches meash c. to be levyed c. by the Mayor Bailiff or other Head-Officer of every City Borough or Town Corporate and by Warrant of one or more Iustices of Peace c. C. 13. § 3. N. 1. And be it likewise Enacted Forest c. that the Iustices of Oyer and Terminer Iustices of Assize in their Circuits and Iustices of Peace and Goal delivery in their Sessions shall by vertue hereof have power and Authority to enquire hear and determine all and singular the said offences viz. Of breaking Grounds inclosed in the day or killing Deer or Connies in the night by Examination of the Offenders and to make and award Process thereupon as well upon Indictments taken before them as by Bill of Complaint Information or any other Action in which Suit or Action no Essoyn Wager of Law or Protection shall be allowed Damages And be it also Enacted § 4. N. 1. c. that it shall and may be lawful to the Party grieved to sue and take his further remedy against all and every such Offender c. viz. in breaking Grounds inclosed in the day or killing Deer or Conies in the night c. for his loss and damages and to recover the treble value of the same in that behalf as well before the Iustices of Oyer and Terminer Iustices of Assize in their Circuits and Iustices of Peace and Goal delivery in their Sessions or elsewhere in any other the Kings Majesties Courts of Record at Westminster Behavior And that upon true satisfaction of the said treble Damages to the Party grieved § 4. N. 2. or upon the Confession or Acknowledgement thereof by the said Party offending before the Iustices in open Sessions holden for the County wherein the same Offence shall be committed it shall be at the liberty of the said Party grieved to whom the said Offence shall be committed to release at his pleasure the Surety-ship of the Good-behavior at any time within the said seven years or before c. Release And be it further Enacted c. that if any § 6. N. 1. c. at any time hereafter shall fortune to be bound before any the Iustices before mentioned to the King his Heirs or Successors for his or their good abearing for seven years c. and the same Party so bound shall afterwards within the said seven years come before the Iustices of Peace of the said County where the Offence was committed or some of them in open Quarter Sessions and there in the said Sessions confess and acknowledge his or their said Offence c. and that he or they is or are sorry therefore and satisfie the Party or Parties grieved according to the tenor of this Act that then the same Iustices before whom the said Confession shall be so made shall and may have Power c. in the same open Sessions or in any other Sessions afterwards to be holden before the said
Iustices in the said County within the said Term of Seven Years if it shall seem good in their discretions to discharge the said Recognizance and Bond so taken and also the said Party and Parties so bound c. Ways And that the Iustices of Peace or any four of them in either of the said Counties whereof one to be of the Quorum C. 23. § 4. N 3. severally and respectively shall have Power and Authority by this Act to tax assess and rate all and every the Inhabitants of the said several Counties of Glocester and Monmouth severally and respectively as well within Liberties as without to such reasonable sum and sums of mony from time to time as to the said Iustices or any four of them in either of the said Counties severally and respectively whereof one to be of the Quorum shall be thought fit needful and convenient for the building new making up and erecting of the said Bridge viz. of Chepstow and for the continual reparation thereof Ways And be it further Enacted C. 24. § 3. N. 1. c. that the Iustices of Peace of the said County of Worcester or any three four or more of them to be nominated and agreed on by the Iustices of Peace of the said County or the more part of them in their general Quarter Sessions shall have full Power and Authority from time to time as often as need shall require untill the said Bridge viz. over the Severn near Upton shall be fully reedified c. to rate tax and assess the said County of Worcester and the several Hundreds Towns Parishes Villages and Hamlets within the same and every Inhabitant or Dweller within any the said Hundreds c. other than the said City of Worcester and the Citizens aforesaid concerning their Lands Goods and Chattels aforesaid to such reasonable sum and sums of mony as to the said Iustices so nominated as aforesaid or any three four or more of them shall be thought fit and convenient Scotland And be it further Enacted 4 Jac. Cap. 1. § 28. N. 1. c. that every Iustice of Peace of the Counties aforesaid viz. of Cumberland Northumberland Westmerland c. unto whom Complaint shall be made viz. of Offences in England by Scots or in Scotland by English shall have full Power and Authority by vertue of this Act to bind over by Recognizance in a convenient Sum taken to his Majesties use as well the Party prosecuting as any Witnesses which he shall desire to produce so as the said Witnesses may have their reasonable charges first tendred unto them to prosecute and give in Evidence before such his Majesties Iustices as aforesaid as the Case shall require 7 Jac. Cap. 1. § 3. N. 1. C. 4. § 2. N. 1. And be it further Enacted Ale c. that all Offences to be done or committed contrary to the true meaning of this Act viz. of selling Ale without Licence c. and all Penalties aforesaid shall be inquired of sued for heard and determined in the Sessions of the Peace for the County City or Borough Town or Liberty or in the Court of Record of the City Borough Town or Liberty wherein such Offence shall be committed by Action of Debt Information Indictment or Presentment wherein no Essoyn Protection or Wager of Law shall be allowed to the Defendant C. 5. § 2. N. 2. And if the said person Ale c. so convicted viz. of being drunk shall refuse or neglect to pay c. viz. 5 s. then the same shall be from time to time levyed of the Goods of every such person c. so refusing or neglecting to pay the same by Warrant or Precept from the same Court Iudge or Iustices before whom the same conviction shall be § 2. N 3. And if the Offender Imprisonment c. be not able to pay the said sum of five shillings then the Offender c. shall be committed to the Stocks for every Offence there to remain by the space of six hours § 3. N. 1. And be it further Enacted c. that if any Constable Constable or any other inferior Officer of that Parish or Place where the Offence shall be committed to whom that shall be given in Charge by the Precept of any Mayor Bailiff other Head-Officer or Iustices of the Peace within their several Limits do neglect the due Correction of the said Offender or the due levying of the said Penalties where Distress may be had then every person so offending shall forfeit the sum of ten shillings c. to be levyed by way of distress by any other person c. having Warrant from any Mayor Bailiff or other Head-Officer Iustices of Peace or Court where any such Conviction shall be c. § 5. N. 2. Be it further Enacted Justices c. that all the Offences in this and the said former Act viz. 1 Jac. Cap. 9. mentioned viz. selling Ale without Licence being drunk c. shall be from time to time diligently inquired of and presented before the Iustices of Assizes in their Circuit Iustices of Peace in their Quarter or Ordinary Sessions and before the Mayors Bailiffs or other Head-Officers of every City or Town-Corporate who have Power to inquire of Trespasses Riots Routs forces and such like Offences and in every Court-Leet and thereupon such due proceeding shall be against the Offender c. for their due Conviction in that behalf as in such like Cases upon any Indictment or Presentment is used by the Laws of the Realm or Customs of the City Town or Place where such Presentment or Indictment shall be inquired of and found 7 Jac. Cap. 1. § 3. N 1. For the preventing Scotland c. viz. of not sending English into Scotland for Offences there Contra Be it Enacted c. that if any time c. any person c. shall commit c. pety Treason Murder Manslaughter Felonious burning of Houses and Corn Burglary Robbing of Houses by day Robbery Theft or Rape and do or shall fly or escape into the Realm of England and be or shall be apprehended c. within the Parts c. lying on the North-side of the River Tyne c. that then it shall and may be lawful to and for the Iustices of Assize or any one of them in the absence of the other the Iustices of Goal-delivery at their Goal-delivery or any four of them or the Iustices of Peace in their General or Quarter Sessions or any four of them upon due and mature Examination of the said Offence c. in open Sessions and pregnant proofs of the same by Warrant under their Hands and Seals to remand and send all and every such Offender c. into the Realm of Scotland there to receive their Tryal for any the Offences aforesaid by them there committed any thing in the said Statute viz. 4 Jac. Cap. 1. § 37. N. 1. to the
shall be troublesome unto the Country by going abroad or otherwise shall escape away from the said house of Correction before they shall be from thence lawfully delivered that then the said Iustices shall set down such Fines and Penalties upon the said Master and Governors as the most part of them in their Quarter Sessions shall think fit and convenient C. 6. § 6. N. 1. All and every Temporal Iudge Iustices of Peace Oath and every other person c. that doth or shall receive any Fee of your Highness your Heirs and Successors viz. shall take the Oath of Allegiance before the Lord Chancellor c. Lord Treasurer Lord Admiral Lord Warden of the five Ports for the time being or one of them or before one of the Chief Iustices c. or before the Iustices of Assize of the same County where the Parties reside or other such persons as the Lord Chancellor c. shall thereunto Authorize § 26. N. 2. And viz. it shall be lawful to and for any two Iustices of Peace within any County City or Town-Corporate whereof one to be of the Quorum Justices to require any person or persons of the Age of eighteen years or above under the degree of a Baron or Baroness to take the said Oath § 26. N. 4. And if any person or persons whatsoever of and above the said Age Pope and under the said Degree c. shall stand and be presented indicted or convicted for not coming to Church or receiving the Holy Communion c. according to the Laws and Statutes of this Realm before the Ordinary or any other having lawful Power to take such Presentment or Indictment or if the Minister Pety-Constable and Church-Wardens or any two of them shall at any time hereafter complain to any Iustice of Peace near adjoyning to the Place where any person complained of shall dwell and the said Iustice shall find cause of Suspition that then any one Iustice of Peace within whose Commission or Power such person shall at any time hereafter be or to whom Complaint shall be made as aforesaid shall upon notice thereof require such person or persons to take the said Oath Imprisonment And that if any person or persons being of the Age of eighteen years or above § 26. N. 5. shall refuse to take the said Oath duly tendered to him or her according to the true intent and meaning of this Statute that then the persons authorized by this Law to give the said Oath shall and may commit the said Offender to the Common Goal there to remain without Bail or Mainprize until the next Assizes or general Quarter Sessions to be holden for the said Shire Division Limit or Liberty where the said Oath shall be again in the said open Sessions required of such person by the said Iustices of Assize or Iustices of the Peace then and there present or the greater number of them Oath And if the said person § 26. N. 6. c. shall refuse to take the Oath being tendered to him or her by the said Iustices of Assize and Goal-delivery in their own Assizes or Goal-delivery or the Iustices of Peace or the greater part of them in their general or Quarter Sessions every person so refusing shall incur the Danger and Penalty of Premunire mentioned in a Statute c. viz. 16 Rich. 2. Cap. 5. § 2. N. 6. except Women Covert who shall be committed only to Prison there to remain without Bail or Mainprize till they will take the said Oath Drapery For the preventing and reformation c. viz. of Deceits C. 7. § 2. N. 1. c. be it Enacted c. that all c. who shall unjustly falsely or deceitfully convey away imbezil purloyn sell or detain any part of the Wool or Yarn delivered by any Clothier Maker of Bays Says or by any other person c. making such Cloths or Stuffs to any such Sorter Carder Kember Spinster or Weaver of Wool or Yarn that in every such Case and Cases as well the Sorter Carder Kember Spinster and Weaver so offending as the Buyer c. Receiver c. of the same knowing the same being thereof lawfully convicted by Confession of the Party c. so offending or by one sufficient Witness upon Oath before two or more of the Kings Majesties Iustices of the Peace of the same County or Liberty where the same Offence c. shall be committed or if it be within a Town-Corporate before the Mayor Bayliff or Chief-Officer and one more of the Aldermen or most substantial persons of the said Town Justices Who shall by force of this Act have full Power and Authority to minister the same Oath § 2. N. 2. and finally to hear and determine all and every the Offences aforesaid Damages Shall give and make to the Party c. grieved § 2. N. 3. such recompence and satisfaction for such their damage and loss as by the said Iustices or Chief-Officers shall be ordered and appointed Fowl For the preventing c. viz. of Destruction of Corn C. 11 § 2. N. 1. Partridge and Phesants c. be it Enacted c. that all c. which c. doth or shall hawk or destroy or kill any Phesant c. or Partridges with any kind of Hawk c. or Dogs by colour of hawking between the first day of July and the last day of August and the same Offence or Offences being proved by the Confession of the Party or by the Testimony of two sufficient Witnesses upon Oath before two or more Iustices of Peace of the said County City or Town-Corporate wherein the Offence shall be committed or the Party offending apprehended shall be by the said Iustices of the Peace for every such Offence committed to the Common-Goal of the said County City or Town-Corporate where the Offence shall be committed or the Parties apprehended Days Provided that no Offenders shall be impeached or punished by vertue of this Act § 4. N. 1. unless he or they be accused as delinquent before the said Iustices of Peace within six Months next after the said Offence c. committed or done Imprisonment Be it therefore further Enacted c. that all c. which c. shall take § 8. N. 1. kill or destroy any Phesant or Partridge with setting Dogs and Nets or otherwise with any manner of Nets Snares or Engines and the same Offence or Offences being proved by the Confession of the Party or by the Testimony of one sufficient Witness upon Oath before two or more Iustices of the Peace of the same County City or Town-Corporate wherein the Offence shall be committed or the Party offending apprehended shall be by the said Iustices of the Peace for every such Offence committed to the Common-Goal of the said County City or Town-Corporate where the said Offence shall be committed or the Party apprehended § 8.
sometimes do falsely take upon them the names of other men of good ability of purpose to enable themselves to be accepted for Bail which persons being of small or no ability or worth are ready for Lucre and Gain to become bound by Recognizance as Sureties for such persons as shall procure themselves to be bound to the Peace or Good-behavior as aforesaid by means whereof the Iudge or Iudges of the said Courts not knowing them may be easily abused and Iustice deluded Coron Be it therefore Enacted by the Authority aforesaid § 5. N. 1. that the Iudge or Iudges of the Courts aforesaid respectively or either of them upon proof of any the misdemeanors aforesaid to be committed in the obtaining of the aforesaid Writs of Supersedeas or procuring such Sureties as aforesaid shall and may likewise punish the false and insufficient Sureties and Bailers aforesaid and the Procurors thereof according to their discretions so as such Punishment extend not to the loss of Life or Member Indictment And whereas divers Bills of Indictments of Riot § 6. N. 1. forcible Entry or of Assault and Battery being found before the Iustices of Peace at the Quarter Sessions of the Peace or otherwise are oftentimes removed from the Counties where such Indictments are found by Writs of Certiorari unto them directed out of the said Courts by or by the means of the persons so indicted who well know that few or no persons grieved by such their Outrages and Misdemeanors whereof they stand so indicted will undergo the travail or charge of Prosecution of such Indictment so removed by bringing the Parties so indicted to tryal by means whereof such Offenders for the most part escape unprosecuted or unpunished and the King loseth the Fines which ought and should have been imposed upon them if such Iudgements had been prosecuted and not removed § 7. N. 1. Be it therefore Enacted Certiorari that all such Writs shall from and after the end of this present Session of Parliament be delivered at some Quarter Sessions of the Peace in open Court § 7. N. 2. And that the Parties indicted Bail shall before the allowance of such Certioraries become bound unto such person or persons which shall prosecute such Bills of Indictment against them in the sum of ten pounds with such sufficient Sureties as the Iustices of Peace at their Quarter Session of the Peace shall think fit with Condition to pay unto the said Prosecutors of such Bills of Indictment within one Month after the Conviction of such Parties indicted such reasonable Costs and Damages as the said Iustices of Peace of such Counties where such Bills of Indictment shall be found in the said Sessions of the Peace shall assess or allow § 7. N. 3. And that in Default thereof Certiorari it shall be lawful for the said Iustices to proceed to Tryal of such Indictments any such Writs of Certiorari to remove the same Indictments notwithstanding C. 12. § 4. N. 1. And whereas notwithstanding the said Statute viz. 7 Jac. Cap. 5. § 1. N. of Justice of Peace pleading the General Issue Justices and giving special matter in Evidence the Plaintiff is at liberty to lay his Action which he shall bring against any Iustice of Peace or other Officer in any Foreign County at his choice which hath proved very inconvenient unto sundry c. that have been impleaded by some contentious and troublesome persons in Counties far remote from their place of Habitations § 5. N. 1. Be it therefore Enacted c. that if any Action Bill Information Plaint or Suit upon the Case Trespass Battery or false Imprisonment shall be brought c. against any Iustice of Peace Mayor or Bailiff of City or Town-Corporate Head-borough Portreeve Tythingman Constable Collector of Subsidy or Fifteens Church-wardens and persons called Sworn-men executing the Office of Church-warden or Overseer of the Poor and their Deputies or any of them or any other which in their Aid and Assistance or by their Commandment shall do any thing touching or concerning his or their Office c. for or concerning any Matter Cause or Thing by them or any of them done by vertue or reason of their or any of their Office c that the said Action c. shall be laid within the County where the Trespass or Fact shall be done and committed and not elsewhere Cap. 15. Be it Enacted c. that such Iudges Force Iustices or Iustice of Peace as by reason of any Act c. viz. 5 Rich. 2. Cap. 7. 15 Rich. 2. Cap. 2. 8 H. 6. Cap. 9. 31 Eliz. 11. c. now in force are authorized and enabled upon Inquiry to give Restitution of Possession unto Tenants of any Estate of Free-hold of their Lands or Tenements which shall be entred upon with Force or from them witholden by force shall by reason of this present Act have the like and the same Authority and Ability from henceforth upon Indictment of such forcible Entries or forcible witholdings before them duely found to give like Restitution of Possession unto Tenants for term of years Tenants by Copy of Court-Roll Gardians by Knights Service Tenants by Elegit Statute-Merchant and Staple of Lands or Tenements by them so holden which shall be entred upon by force or holden from them by force C. 18. § 4. N. 3. It shall be lawful for any two or more Iustices of the Peace within the County or within the City Drapery Borough or Town-Corporate where such deceivable Cloth viz. with Flocks Thrums Noyles and Hairs c. shall be made or suspected to be made upon Information or Complaint of any of the said Overseers c. Searchers or any other of their Knowledge or Suspition of any such Offence to grant their Warrant to call before them any person or persons whatsoever that shall be thought in their discretions fit to discover any such Offence Proof And to examin upon Oath such person § 4. N. 4. c. for the tryal and better finding out of the Offence aforesaid and if upon Examinations it shall be found by Testimony of two Witnesses or more or by the Confession of the Party or Parties offending that any such Offence c. have been committed as aforesaid then the Party c. that shall so confess his or their said Offence c. or who shall be found to have offended shall remain convicted of such his Offence c. Certificate And that then it shall and may be lawful for the said two Iustices § 4. N. 5. to certifie such Offence c. unto the Church-wardens and Overseers for the time being of the Poor of the Parish c. where such deceivable Cloth c. shall be made under the Hands and Seals of the said Iustices Process And be it further Enacted § 5. N. 1. c. that immediately from and after such Certificate
shall be delivered to any of the Church-wardens and Overseers of the Poor of any Parish c. where such Offender c. shall dwell and Warrant by them viz. the two Justices made to the said Overseers and Church-wardens for the levying of the said Forfeiture it shall and may be lawful to and for the said Church-wardens and Overseers for the time being or any of them or for the Successor c. of them c. to levy the sum c. which by the said Certificate and Warrant shall appear to be forfeited by way of Distress and Sale c. Imprisonment And in defect of such Distress § 5. N. 2. it shall be lawful to and for the said two Iustices of Peace to commit the Party c. so certified to have offended to the Common-Goal there to remain without Bail or Mainprize until Payment shall be made of the said sum c. Pleading And that if any Action c. shall § 5. N. 3. c. hereafter happen to be brought or commenced against any person c. for taking of such Distress c. or for or about any matter or thing concerning the same that then it shall and may be lawful to and for every such person c. against whom such Action c. shall be brought c. to plead the General Issue and give in Evidence and to be allowed double costs in every respect and degree as by the Statute c. viz. 7 Jac. Cap. 5. is already Provided and Enacted Forfeitures And be it further Enacted § 12. N. 1. c. that all Penalties and Forfeitures for want of length breadth and weight of Cloth c. limited by any former Act now in force or by this present Act shall be distributed into three equal parts whereof one third part shall be unto the said Overseers and Searchers finding and certifying the said Default of length breadth and weight as aforesaid to be recovered by them at or in the General Quarter Sessions of the Peace to be holden for the County City or Town-Corporate where the Offence therein shall happen to be done or committed by Action of Debt Bill Plaint or Information wherein no Essoyn Protection Previledge or Wager of Law shall be allowed Bankrupts And be it further Enacted C. 19. § 7. N. 1. c. that if any Bankrupt shall upon his or her Examination or Examinations to be taken before the said Commissioners executing the said Commission be found fraudulently or deceitfully to have conveyed away his or her Goods Chattels Lands Tenements Offices Fees Rents or Annuities or other Estate or any part thereof to the value of twenty pounds or above to the end and purpose to hinder the Execution of this Statute or of any other the aforesaid Statutes viz. 13 Eliz. Cap. 7. 1 Jac. Cap. 15. c. or thereby to defraud delay or hinder his or her Creditors of the same and shall not upon his or her Examination discover unto the said Commissioners and if it lye in his or her Power deliver unto the said Commissioners all that Estate Goods and Chattels so fraudulently and deceitfully conveyed away as aforesaid or by him or her his or her means kept or detained from the said Commissioners or that cannot make it appear unto the said Commissioners that he or she hath sustained some casual loss whereby he or she is disabled to pay what he or she then owed shall or may be indicted for such fraud or abuse at the Assizes or General Sessions to be holden before the Iudges of Assize or Iustices of Peace of the County or Place where he or she shall become Bankrupt § 7. N. â Coron And if upon such Indictment or Indictments the Bankrupt be thereof convicted he or she so convicted shall be set upon the Pillory in some publick place for the space of two hours and have one of his or her Ears nailed to the Pillory and cut off C. 20. § 1. N. 2. And that if any c. shall c. offend herein Oath viz. in prophane swearing or cursing either in the hearing of any Iustice of Peace of the County or of any Mayor Iustice of Peace Bailiff or Head-Officer of any City or Town-Corporate where such Offence is or shall be committed or shall thereof be convicted by the Oaths of two Witnesses or by the Confession of the Party before any such Iustice of Peace c. where such Offence is or shall be committed to which end every Iustice of Peace and every such Head-Officer shall have Power by this Act to minister the same Oath that then every such Offender shall for every time so offending forfeit and pay to the use of the Poor of that Parish where the same Offence is or shall be committed the sum of twelve pence § 1. N. 3. And it shall also be lawful for the Constable Process Church-wardens and Overseers of the Poor of that Parish by Warrant from such Iustice of Peace or Head-Officer to levy the same c. by Distress and Sale c. § 1. N. 4. And in discharge of such Distress the Offender Infant if he or she be above the Age of twelve years shall by Warrant from such Iustice of the Peace or Head-Officer be set in the Stocks by three whole hours but if the Offender be under the Age of twelve years and shall not forthwith pay the said sum of twelve pence then he or she by Warrant of such Iustice of Peace or Head-Officer shall be whipped by the Constable or by the Parent or Master in his presence § 2. N. 1. And be it further Enacted Pleading that if any such Offender shall commence any Suit in Law against any Officer or other for such distraining Sale of Goods whipping or setting in the Stocks the Defendant c. may plead the general Issue and give the special Matter in Evidence c. and if it be found against the Plaintiff or that the Plaintiff be nonsuit the Defendant c. shall be allowed good costs to be taxed by the Court. § 3. N. 1. Provided nevertheless Days that every Offence against this Law shall be complained of and Proved as abovesaid within twenty days after the Offence committed C. 21. § 4. N 1. And be it further Enacted Corn. c. that if the Horse-bread which any of the said Hostlers or Inholders shall make be not sufficient lawful and of due Assize according to the Price of Grain and Corn as abovesaid or that if any of them shall offend in any thing contrary to this Act then the Iustices of Assize Iustices of Oyer and Terminer Iustices of the Peace in every Shire Liberty or Franchise within this Realm Sheriffs in their Turns and Stewards in their Leets and Law-days shall have full Power and Authority to inquire hear and determine the said Defaults and Offences of the said Hostlers and
such Offender to the Goal or House of Correction there to remain without Bail or Mainprise until the next General Quarter-Sessions Assizes Goal delivery great Sessions or sitting of any Commissioner of Oyer and Terminer in the respective County Limit Division or Liberty which shall first happen Indictment When and where every such Offender shall be procéeded against by Indictment c. and shall forthwith be Arraigned N. 2. c. Process And if such c. shall be lawfully Convicted c. either by Confession or Verdict or if such Offender shall refuse to plead the General Issue N. 3. then the respective Iustices of the Peace at their General Quarter-Sessions c. are hereby enabled and required to cause Iudgment to be Entred c. that such Offender shall be Transported beyond the Seas to any of his Majesties Forreign Plantations Virginia and new-England only excepted there to remain seven years Ouster le nere And shall forthwith under their Hands and Seals make out Warrants to the Sheriff N. 4. c. of the same County where such Conviction or refusal to plead or to confess as aforesaid shall be safely to Convey such Offender to some Port or Haven nearest or most Commodious to be appointed by them respectively and from thence to Imbark such Offender to be safely Transported c. Process And the said respective Court shall then also make out Warrants to the several Constables N. 6. Headboroughs or Tythingmen of the respective places where the Estate real or personal of such c. shall happen to be Commanding them thereby to sequester c. the profits of the Lands and distrain and fell all the Goods of the Offender c. for the reimbursing of the said Sheriff all such reasonable Charges as he shall be at and shall be allowed him by the said respective Court Forfeiture Provided alwayes and be it further Enacted That in case the Offender § 7. N. 1. c. shall pay into the hands of the Register or Clerk of the Court or Sessions where he shall be Convicted before the said Court or Sessions shall be ended the Sum of one Hundred pounds that then the said Offender shall be discharged from Imprisonment and Transportation and the Iudgment for the same Certificate Be it further Enacted That the Lieutenants § 10. N. 2. c. and also the Sheriffs and Iustices of the Peace c. or any of them joyntly or severally c. with such other Assistance as they shall think meet or can get in readiness with the soonest on Certificate made to them respectively under the Hand and Seal of any one Iustice of the Peace c. of his particular Information and Knowledge of such unlawful Méetings or Conventicles held c. and that he with such Assistance as he can get together is not able to supprese or dissolve the same shall and may c. repair unto the place where they are so held c. and by the best means they can to dissolve and dissipate or prevent all such unlawful Méetings and take into their Custody such of those Persons so unlawfully Assembled as they shall judge to be the readers and seducers of the rest c. Force Provided also and be it Enacted c. That the Iustices of the Peace § 15. N. 1. c. shall and may with what aid force and assistance they shall think fit for the better Execution of this Act after refusal or denial enter into any House or other place where they shall be Informed any such Conventicle c. is or shall be held § 16. N. 1. Provided That no dwelling House of any Péer Priviledge c. whilest he or his Wife shall be there resident shall be searched c. but by Immediate Warrant from his Majesty under his Sign Manual or in the presence of the Lieutenant or one of the Deputy Lieutenants or two Iustices of the Peace whereof one to be of the Quorum of the same County c. N. 2. Nor shall any other dwelling House of any Peer or other Person whatsoever be entred into with force Justices c. but in presence of one Iustice of the Peace c. except in London c. § 17. N. 1. Provided also and be it Enacted Imprisonment c. That no Person shall by vertue of this Act be Committed to the House of Correction that shall satisfie the said Iustices of the Peace c. that he or she or in Case of a Feme Covert that her Husband hath an Estate of Frée-hold or Copy-hold to the value of Five pounds per Annum or personal Estate to the value of Fifty pounds 16 17 Car. 22. § 1 N. 4. Viz. Coals to be xxxvi Bushels Guildhal Measure Measures or cxii l. Aver du Pois weight c. upon pain of Forfeiture of all the Coals which shall be otherwise Sold or exposed to Sale by any Woodmonger or Retailer of Coals and the double value thereof to be recovered by any c. in any Court of Record or by way of Complaint made unto the Lord Mayor of London for the time being and the Iustices of Peace within the City of London and Liberties thereof or to any two of them or to the Iustices of Peace of the several and respective Counties and Places where such Coals shall be exposed to Sale or any of them who are hereby Impowred and required to call the Parties before them and to hear and Examine such Complaint upon Oath which by vertue of this Act is to be Administred by them or any two of them and upon due proof thereof made to their satisfaction to Convict the Offenders and to give Warrant under their Hands and Seals for levying the Forfeitures accordingly N. 6. And the said Lord Mayor of London and the Court of Aldermen for the time being and the Iustices of Peace of the several Counties respectively Fuel or any thrée or more of them whereof one to be of the Quorum are hereby Impowred to set the Rates and Prices of all such Coals as shall be sold by Retail as they from time to time shall Iudge reasonable allowing a Competent profit to the said Retailer beyond the Price paid by him to the Importer and the ordinary Charges thereupon accrewing § 2. N. 2. And in Case of refusal viz. by Woodmonger c. to sell at Prices set Process the Officer appointed by the Lord Mayor or by the Justices to enter c. taking a Constable to force entrance and the said Coals to Sell or cause to be Sold at such Rates c. § 4. N. 2. And if any Action shall be Commenced against any Iustice of Peace Constable or other Officer or Person for any thing done by colour of this Act Pleading the Defendant in every such action may plead the General Issue and give the
shall use Imploy or Travel upon the Lords Day with any Boat Wherry Lighter or Barge Religion except it be upon Extraordinary occasion to be allowed by some Iustice of the Peace of the County or head Officer or some Iustice of the Peace of the City Borough or Town Corporate where the Fact shall be Committed N. 3. Vpon pain that every Person so Offending shall forfeit and lose the Sum of Five shillings for every such Offence Forfeiture N. 4. And that if any person Offending in any of the Premisses Dayes shall be thereof Convicted viz. for Trading on the Lords Day c. before any Iustice of Peace of the County or the Chief Officer or Officers or any Iustice of Peace of or within any City Borough or Town Corporate where the said Offences shall be Committed upon his or their View or Confession of the Party or proof of any one or more Witnesses by Oath which the said Iustices Chief Officer or Officers is by this Act Authorized to Administer the said Iustice or Chief Officer or Officers shall have Warrant under his or their Hand and Seal to the Constables or Church-wardens of the Parish c. where such Offence shall be Committed to Seize the said Goods cried shewed forth or put to Sale as aforesaid and to Sell the same and to Levy the said other Forfeitures and Penalties by way of Distress and Sale of the Goods of every such Offender distrained rendering to the said Offenders the overplus of the Monies raised thereby N. 5. And in default of such Distress or in Case of Insufficiency or Inability of the said Offender to pay the said Forfeitures or Penalties Imprisonment that then the party Offending be set publickly in the Stocks by the space of Two hours N. 6. And all and singular the Forfeitures or Penalties aforesaid viz. for Trading or Travelling Forfeiture c. on the Lords Day shall be Imployed and Converted to the use of the poor of the Parish where the said Offences shall be Committed saveing only that it shall and may be lawful to and for any such Iustice Mayor or head Officer or Officers out of the said Forfeitures or Penalties to reward any person c. that shall Inform of any Offence against this Act according to their Discretions so as such reward excéed not the third part of the Forfeitures or Penalties Statuta 29 30 Car. 2. Scotland BE it therefore Enacted 29 30 Car. 2. 2. § 1. N. 2. c. viz. because found necessary that the said two former Acts viz. 13 14 Car. 2. 22 18 Car. 2. 3. and either of them and every matter Clause and Clauses therein contained and all and every the Powers and Authorities thereby given shall be continue and remain in full force from henceforth for and during the space and time of Seven years and also from thence until the End of the first Session of the next Parliament Peace Be it further Enacted § 2. N. â c. that the said several Iustices of the Peace of the said respective Counties shall from time to time at the respective Quarter-Sessions take good and sufficient Security of the Person or Persons by them Imployed in the said Service for the preservation of the said respective Counties from Theft and Rapine to answer the Damages sustained by any person or persons by his or their neglect or default therein and to pay and satisfie the same within Four months after that proof thereof shall be made by the Oath of one or more Credible Witnesses before the Iustices of the Peace of the said respective Counties at the next Quarter-Sessions in the respective County Oath Which Oath or Oaths the said Iustice or Iustices are hereby Authorized to Administer N. 3. so as the Goods stoln be entred in one of the Books to be kept for that purpose within the space of xlviii hours after the same shall be stoln or gone Record And that Books shall be kept for that end in every Market Town of the said respective Counties and at such other Convenient places therein N. 4. and by such person or persons as the said Iustices of the Peace in the said respective Counties at their General Sessions of the Peace shall order or appoint Justices And be it further Enacted § 3. N. 1 c. that the said several Iustices of the Peace of the said respective Counties at the General Quarter-Sessions of the Peace for the said County respectively shall yearly or every two years at the furthest in open Court make choice thereof and appoint such Person or Persons as they shall respectively think fit for the said Counties respectively to be Imployed in the said Service Religion Provided that every Person and Persons employed for the preservation of the said respective Counties from Theft and Rapine § 4. N. 1. or as Treasurer for the said Service do receive the Sacrament of the Lords Supper according to the usage of the Church of England in some publick Church upon some Lords Day commonly called Sunday within the space of Thrée months after they shall enter upon such Imployment and deliver a Certificate thereof to the next Quarter-Sessions in the respective County where they shall be so Imployed and take the Oaths of Allegiance and Supremacy and make and subscribe the Declaration appointed to be made and subscribed in and by one Act in this present Parliament c. viz. 25 Car. 2. 2. c. under the Penalties and Forfeitures by the said Act appointed Statuta 30 Car. 2. 30 Car. 2. 3. § 4. N. 4. VIz. The Five pounds Penalty for not Burying in Woolen Drapery c. to be Levied by way of Distress and Sale thereof by Warrant of the Chief Magistrate in any Town Corporate or any Iustice of the Peace c. § 5. N. 1. And it is hereby further Enacted c. that the said Affidavit Oath viz. of Parties being Coffined in Woollen only shall be made or taken before some Iustice of the Peace or Master of the Chancery Ordinary or Extraordinary Mayor Baliff or other Chief Officer of the City County Borough Corporation or Market Town in the County where the said Party was Buried who are hereby Authorized and required to Administer the said Oath and to attest the same under their Hands upon such Affidavit gratis N. 2. And in Case no such Affidavit shall be brought to the Person Church c. where the said Party was Buried c. within the said Eight dayes that such Person c. shall forthwith c. cause notice thereof to be given in Writing under his Hand to the Church-warden or Overseers of the Poor of such Parish who shall within Eight dayes after such notice repair to the Chief Magistrate in any Town Corporate c. or else to any Iustice of the Peace who upon the
viz. in Fishing or watering Hemp in the Severn c. shall be punished for any of the Offences aforesaid unless by Information or Indictment before his Majesties Iustices of Assize and Nisi prius Oyer and Terminer and General Goal Delivery or in the General Sessions of the Peace to be holden for the said County respectively wherein the same shall be Committed N. 2. And upon Conviction of any Person c. for any of the Offences aforesaid Execution viz. Fishing or watering Hemp in the Severn the said respective Courts shall Award Execution for the said Forfeitures the one moiety thereof to the use and benefit of the Poor of the Parish where the said Offence shall be Committed and the other moiety to such person or persons as shall prosecute the same by Fieri facias or Capias ad satisfaciendum as the Kings Majesties Iustices at Westminster may and use to do Statuta 31 32 Car. 2. 31 Car. 2. 2. § 21. N. 2. BE it therefore Enacted Imprisonment That where any person shall appear to be Committed by any Iudge or Iustice of the Peace and charged as Accessory before the Fact to any Petty Treason or Felony or upon suspition thereof or with suspition of Petty-Treason or Felony which Petty-Treason or Felony shall be plainly and specially expressed in the Warrant of Commitment that such person shall not be removed or Bailed by vertue of this Act or in any other manner then they might have béen before the making of this Act. Statuta 32 Car. 2. 32 Car. 2. 1. § 3. N. 1. BE it therefore Enacted c. viz. to avoid Travel c. That Drapery c. where no Iustice of Peace shall reside or to be found in any Parish where any Party shall be Interred the Oaths and Affidavits viz. 30 Car. 2. 3. § 4. N. 2. of Burying in Woolen c. may be Administred not only by any Iustice of the Peace or Master of Chancery Ordinary or Extraordinary Mayor Bayliff or other Chief Officer of the City County Borough Corporation or Market Town in the County where any Party was Buried But also that the Parsons Vicars and Curates in every Parish or Chappel of Ease within the County where any Party shall be Interred except only the Parson Vicar and Curate of the Parish or Chappel of Ease where the Party is Interred concerning whose Interment in Woollen such Affidavit is to be made be and are hereby Authorized and required to Administer the said Oaths or Affidavits and to attest the same under their hands Gratis C. 2. § 6. N. 2. The same viz. xl s. for every great Cattle Ireland and x s. for every Sheep or Swine Import from Ireland not Seized Killed and Distributed by Seizors Church-wardens and Overseers failing of their Duty c. to be Levied by Distress and Sale of the Goods and Chattels of the Person c. so Offending by Warrant under the Hand and Seal of any Iustice of Peace of the said County or place where the said Offence shall be Committed upon Confession of the party View of the said Iustice or Oath thereof made before such Iustice by one or more Credible Witness c. other then the Informer which Oath the said Iustice hath hereby power to Administer rendering the overplus to the Owners thereof necessary Charges of distraining being first deducted And for want of such Distress the said Offender N. 3. c. to be Committed to the common Goal of the said County or place there to remain for the space of three months without Bail or Mainprise Several Heads wherein Lambert Crompton and Dalton are Reduced and the Particular Statutes accommodate to present use Abby Monestries Religious Houses Chantries 1. ON 27 H. 8. 27. 28. § 11. N. 1. the Quarter and General Sessions shall Hear and Determin the not keeping Houses of Husbandry and Tillage by the Patentee of the Scite c. and this is given in Charge Lamb. 4. cap. 4. pag. 463. Crompt 96. see 21 Jac. 28. § 11. N. 39. 69. Husbandry Abettors see Accessary and Appeal Abjuration Oath Sanctuary Exile I. DAlt. J.P. cap. 68. A man that is abjur'd may have the surety of the Peace granted to him or against him Surety of the Peace for notwithstanding the Abjuration he oweth the King his Legiance and remaineth within the Kings Protection and the King may pardon and restore him again Qui abjurat Regnum amittit Regnum non Regem 7 Co. 9. b. Calvin's case II. Dalt J.P. cap. 92. also to kill a man that hath abjured the Realm Homicide is Felony 7 Co. 9. b. Dr. Stud. 133. III. By 9 H. 3. St. 2. cap. 10. Charta de Foresta Deer-killer that cannot find Sureties after a year and a days Imprisonment shall abjure the Realm Forest IV. By Westm. 1. 3 Ed. 1. cap. 15. § 1. N. 3. the Sheriff shall not let to Bail those which have abjured the Realm Bail V. By 3 Ed. 1. W. 1. cap. 20 § 1. N. 2. if Trespassers in Parks after three years Imprisonment cannot find Sureties he shall abjure the Realm Forest VI. By 9 Ed. 2. cap. 15. § 1. N. 2. a Clerk submitting to the Law Ecclesiastical persons and taking Sanctuary shall not be forced to abjure VII By 21 H. 8. 2. Persons abjure to be marked with an hot Iron on the Thumb Pain VIII By 22 H. 8. 14. § 1. N. 6. Persons taken out of Sanctuary after Abjuration to be Hang'd 3 Inst 115. Sanctuary IX Lamb. 2. cap. 7. pag. 200. one Justice of Peace may take out of Sanctuary certain persons abjured thither and others being Indicted of some kind of offences done after they became Sanctuary-men 22 H. 8. 14. § 3. N. 2. so Crompt J. p. 195. § 7. X. By 35 Eliz. 1. § 2. N. 3. the Abjuration of a Seditious Sectary being made in the open Quarter-Sessions of the Peace ought to be certified from thence to the Justices of Assize at the next Assizes Certificate XI By 35 Eliz. 2. § 8. N. 4. Popish Recusant unless Feme Covert not having twenty Marks per annum shall abjure before two Justices Pope XII Lamb. 4. cap. 4. pag. 414. Article of Charge at the Sessions of the Peace on 35 Eliz. 1. § N. cap. 2. § 8. N. 5. If any Popish Recusant or other Seditious Sectary which is by any of the Statutes to be abjured this Realm and all his Majesties Dominions have either refused to make such Abjuration or making it have not gone to such Haven within such time as was to him therefore appointed and have not from thence departed this Realm or after such departure have returned into any his Majesties Dominions without his special license Sessions XIII Lamb. 4. cap. 19. pag. 619. the Abjuration of a Seditious Sectary ought to be made in the open Quarter-Sessions of the Peace and there
Admiral Mariners Ships Seamen Captains Piracy Poor Souldiers Rogues Navy I. 2 Rich. 2. 4. § 1. N. 3. The King wills and commands all Sheriffs Seamen Mayors and Bailiffs within Franchises and without That at the certification of the said Admirals or their Lieutenants by their Letters thereof viz. Of Mariners departing the King's Service after Wages received to be made testifying the said proof viz. Before them shall incontinent without tarrying make another Commandment of the King our Sovereign Lord to take and attach all Fugitive Mariners by their body within their Bailywick within Franchise and without and put them in Prison there to abide in good and sure keeping till they have made gree to the King c. 18 H. 6. 19. II. By 18 H. 6. 19. § 1. N. 2. And that the Justices of Peace shall have power to enquire of Souldiers that depart from Captains beyond Sea Justices after Wages received c. and to hear and determine the same Ships III. 5 Eliz. 5. § 27. N. 2. That 18 H. 6. 19. in all Pains Forfeitures and other things did doth and hereafter shall extend as well to all and every Mariner and Gunner taking Wages of the King c. to all intents and purposes c. War IV. Lamb. 4. cap. 4. page 422. In charge to Jury at Sessions If any Souldier entred a Souldier of Record and having taken part of the Kings Wages or any Mariner or Gunner having taken prest Wages to serve the King on the Sea have not accordingly gone to his Captain unless he were letted by notorious Sickness c. or have departed from his Captain without his License under his Seal 18 H. 6. 19. 2 3 Ed. 6. 2. § 4. N. 1. 4 5. Ph. Mar. 3. § 2. N. 1. 5 Eliz. 5. § 27. N. 2. But consider whether this entring of Record have any use now Jurisdiction V. 5 Eliz. 5. § 30. N. 1. That all Offences of Transporting Sea-fish Prices Purveyans c. done upon the main Sea or Coasts being no part of the body of any County of this Realm and without the Precinct Liberty and Jurisdiction of the Cinque-Ports and out of any Haven or Pier shall be tryed and determined before the Lord Admiral of England or his Lieutenant or Deputy according to 28 H. 8. 15. for causes of Piracy Justices VI. 5. Eliz. 5. § 30. N. 3. And for all Offences of Transporting Sea-fish Prices eating Flesh Purveyans c. as shall be done in the Land or within any Haven or Pier all Justices of Peace in their Sessions and Mayors Sheriffs and Bailiffs and other head Officers in Cities and Towns Corporate in their Sessions or other Courts within the limits of their Commissions shall have full Power and Authority to enquire of the Offenders of this Act as well by the Oaths of 12 men as otherwise by Information and thereupon to hear and determine the same War VII 5 Eliz. 5. § 43. N. 1. Provided c. and be it enacted That no Fisherman using or haunting the Sea shall be taken by the Queens Commission to serve her Highness as a Mariner on the Sea but that the said Commission be first brought by her Highness Taker or Takers to two Justices of Peace next inhabiting to the Sea-Coasts Towns or other places where the said Mariners are so to be taken to the intent the said Justices may chuse out and cause to be returned such sufficient number of able men as in the said Commission shall be contained to serve her Majesty c. Lamb. 355. Dalt 86. cap. 34. Cromp. 200. License VIII West Sym. 2. part 128. Sect. 195. An Indictment for breaking of a safe Conduct granted by King H. 6. to Merchant-strangers of Genoua see 20 H. 6. cap. 1. Cromp. J. P. 240. b. Pl. 30. Essex ss Juratores pro Domino Rege super sacramentum suum presentant quod eum illustrissimus Princeps Henricus Rex Angliae sextus post conquestum per literas suas patentes sub salvo conductu suo concessit licentiam salvum conductum suum dedit A. B. D. aliis alienigenis mercatoribus de Genoua pro eis quadam Nav ' vocat ' a Carick pro bonis rebus merchandizis suis infra eandem Navem exist ' de transitu Portus Southampton in Anglia per mare versus partes Genoua transfretand ' eadem abfque aliquibus Roberiis fractione impeditione perturbatione aut captione ipsorum alienigenorum bonorum merchand ' sine mercimoniorum suorum predict ' per aliquos ligeos dicti Dom ' Regis infra Regnum dicti Regis Angliae gaudend ' sine impeditione ibid ' quidem H. de D. in Com' E. pred' Armig ' alii fractores salvi conductus Dom ' Regis de ligeis ipsius Dom ' Regis infra Regnum Angliae exist ' ignot ' vi armis viz. Gladiis c. aliis armis tam invasinis que defensibilibus armati salvum conductum pred' minime verentes spernentes in pred' A. B. alios alienigenos ad tunc ibid ' insult ' fecerunt ipsos verberaverunt vulneraverunt male tractanerunt ipsos in Nav ' pred' tanque eorum prisonarios ad tunc ibid ' ceperunt custodierunt eos in Prisona sub custodia sua Diu ' viz. per spatium 4 dierum quousque Iidem A. B. D. alii alien igine in eadem Navi existent ' finem redemptionem pro salvo conductu deliberatione suis habend ' pro sexcent marcis cum prefat ' H. aliis predict ' fecissent detinuerunt contra salvum conductum Dom ' Regis predict ' contra form ' Stat ' in hujusmodi casu promisi ac editi contra Dignitatem Regiam ac in malum exemplum aliorum c. Agait or Await see Coron Agnus Dei see Pope Ale Liquors Wine Beer Brewers Hostler Victuallers Inholders Excise I. 9 H. 3. 25. Magna Carta One Measure of Wine Measures shall be through Our Realm and one Measure of Ale II. Cromp. J.P. 94 Nota Exchequer that Popham Ch. J. said that the Measure of Wine and Ale should be all one and that it had been so agreed by the Justices viz. according to the Standard of the Exchequer see Magna Carta 26 25 and 15. R. 2. 4. see 1 Jac. 9. Alter for Ale Dalt 148. infra 80. III. Cromp. 94 b. ibid. But note that the Ale Quart is the greater Wine because the Froth will amount to a little and Wine Froths not and therefore there shall be a nick in the top of a Wooden Can whereby the Measure shall be to which nick the Beer shall come and this was told me by Mr. Wallis Clark of the Market to Queen Eliz. 25 Jac. 1588. IV. Lamb. 3. cap. 2. pag. 349. The authority of some two Justices of Peace the one being of
Liberty shall have full power and authority as well to hear and determine every such default by presentment as by such bill of Information and upon every presentment afore them and upon every such Bill of Information to make proces by distress against the Inhabitants of every such Town and Parish where any default shall be presented or supposed by any such Information Distress LX. 22 H. 8. 12. § 5. N. 2. By Authority of which distress the Sheriff or other Officer to whom by the Law such distress shall be made shall distrain the Goods and Chattels of such one or two of the said Inhabitants as he may have knowledge were most negligent and in default in the Execution of this Act and the said distress retain till they find surety to appear at the Sessions limited in the said distress LXI 22 H. 8. 12. § 5. N. 3. And in case they appear and Confess the default or else if they traverse the Presentment Americament and it be tryed against them by Verdict or deny the Information and it be proved against them by sufficient Witnesses then the said Justices of Peace in their Sessions shall have Authority to assesse the Fines as been above limited after the rates abovesaid and to make process for the leving of the same by distress of the Inhabitants of such Towns or Parishes where such default shall be tryed or proved LXII 22 H. 8. 12. § 5. N. 4. And that Every such fine Fines if it grow by presentment to be only to the Kings use and if it grow by Information then the moity thereof to be to him that persueth the Information for the same and the other moity thereof to the Kings use as is aforesaid LXIII 22 H. 8. 12. § 5. N. 5. And if any such person Issues or persons distrained appear not at the day and place contained in such distress then upon the return of the Sheriff or other Officers to whom the distress was delivered to execute that such person or persons were distrained then every such person c. so destrained at the first distress shall lose 3 s. 4 d. and at the second 6 s. 8 d. and so to be doubled upon every distress in such cases to be awarded till appearance may be had by one of the Inhabitants of such Town or Parish to deny traverse or Confess the Presentment or Information exhibited against any such Town or Parish to the intent that upon tryal or proof thereof the Fines above limited may be assessed and levyed of the Inhabitants of every such Town or Parish as is above rehearsed LXIV 22 H. 8. 12. § 6. N. 1. And be it enacted Scholars c. That Scholars of the Universities of Oxford and Cambridge that go about Begging not being Authorised under the Seal of the said Universities by the Commissary Chancellor or Vice-Chancellor of the same and all and singular the men pretending losses of their Ships and Goods of the Sea going about the Country begging without sufficent authority witnessing the same shall be punished and ordered in manner and form as is above rehearsed of strong Beggars LXV 22 H. 8 12. § 6. N. 2. Vagrants And that all Proctors and Pardoners going about in the Country c. without sufficent Authority and all other idle persons going about in any Country or abiding in any City Borough or Town some of them using divers and subtile Crafts and unlawful Games and Plays and some of them feigning themselves to have knowledge in Physick Phisnomy Palmistry or other crafty sciences whereby they bear the people in hand that they can tell their Destinies Deceases and Fortunes and such other like fantastical imaginations to the great discredit of the Kings subjects shall upon examination had before two Justices of the Peace whereof the one shall be of the Quorum if he by probable Witness be found Guilty of any such deceits be punished by whipping at two days together after the manner before rehearsed 14 Eliz. 5. § 5. N. 3. LXVI 22 H. 8. 12. § 6. N. 3. And if he Eftsoons offend in the said offence or any like offence to be scourged two days Pain and the third day to be put upon the Pillory from 9 of the Clock till a 11 before noon of the same day and to have one of his ears Cut off LXVII 22 H. 8. 12. § 6. N. 4. And if he offend the third time Pain to have like punishment with whipping standing on the Pillory and to have his other ear cut off LXVIII 22 H. 8. 12. § 6. N. 5. And that Justices of the Peace Franchis have like Authority in every Liberty and Franchis within their Shires where they be Justices of Peace for the Execution of this Act in every part thereof as they shall have without the Liberty or Franchis Notice LXIX 22 H. 8. 12. § 7. N. 1. And it is further Enacted that this Act shall yearly be read in the open Sessions to the intent that the said Estatute shall be the more feared and the better put in Execution Charity LXX 22 H. 8. 12. § 8. N. 1. And further more be it Enacted that if any person or persons at any time hereafter give any Harbor Mony or Lodging to any Beggers being strong and able in their bodies to work which order themselves Contrary to the form of this Estatute that every such person so doing being sufficiently proved or presented afore any Justices of the Peace shall make such fine to the King as by the discretion of the said Justices of Peace at their general Sessions shall be assessed Proces LXXI 22 H. 8. 12. § 8. N. 2. And if any person c. do disturbe or let the Execution of this Act in any manner wise or make rescous against any Mayor Sheriff Baliff or other person that shall endeavour himself for the due Execution thereof it s then enacted that every such person c. for every such offence doing shall lose and forfeit 100 s. and over that to have imprisonment at the Kings will the one moity of which forfeiture if such offence be Committed in any City or Town Corporate to be to the Mayor Sheriff Bailiff or other head Officer of such City or Town Corporate where any such Offence shall be done to the use of the Commonalty of every such City and Town Corporate and if it be Commited out of a City or Town Corporate then the said one half to be to the Lord of the Leet or Law days where such offence shall be done and the other half of every such forfeiture to be to the King c. for the which forfeiture of 5 l. recovery shall be had by action of Debt Bill Plaint or Information in any of the Kings Courts in which suits the defendants shall not wage their Law nor have any Essoin or Protection allowed Cinque Ports LXXII 22 H. 8. 12. § 9. N.
and is allowed to beg for his fees by the space of six Weeks and in case he can get no Master to work with in the said term then he is assigned to pass directly to Dale in the County of Kent where he saith he was born or last dwelled for the space of three years and he is allowed fourteen days next after the said six weeks for his passage thither or such number of days as to him shall be limited by the discretion of the maker of the said Letter in witness whereof the Seal of the Prison from which he was delivered thereunto is set and in such Shires where their is no Goal the Sheriff thereof for the time being shall cause a Seal to be Engraven with the name of the Shire and shall order and use the same Seal to and from such persons delivered as is aforesaid after like manner and form as the Goaler or Keeper of the Goal is limited and appointed to do by this act 27 H. 8. 25. 26 § 6. Fees LXXXVI 22 H. 8. 12. § 19. N. 1. And it is also Enacted that every Clerk of the Peace of the Shire within the which such person shall be delivered and every Common Clerk of every City Borough or Town Corporate within the which any such person shall be delivered shall make for every such person as shall be so delivered where they be such Officers the said Letter in form abovesaid without any fee taking for the same and shall deliver every such Letter to the Goaler or Keeper of the Prison from the which such person shall be delivered And if there be no Goaler there then to the Sheriff of the Shire where such deliverance shall be had within one day next after the end of the Sessions where any such deliverance is had upon pain to lose and forfeit for default of every Letter 12 d. to the King our Soveraign Lord. Escape LXXXVII 22 H. 8. 12. § 19. N. 2. And that the Goaler or Keeper of the Prison from the which the said person shall be so delivered and in case there be no Goaler then the Sheriff of the Shire where any such deliverance shall be had shall not suffer any such person to go abroad to beg for his fees nor depart out of Prison except it be to service or labour unless the same Goaler or Sheriff first deliver to the said person the said Letter containing his Name Sealed with the Seal of the Prison from the which he shall be delivered or else with the Seal Engraved with the Name of the Shire if there be no Prison upon pain for every default to lose 12 d. to our said Soveraign Lord. License LXXXVIII 22 H. 8. 12. § 20. N. 1. And it is Enacted that if any person c. So being delivered out of Prison at any time after the said Feast do beg not having the said Letter Sealed in form abovesaid or beg contrary to the Tenor of the same Letter that then he shall be taken ordered and whipped in every behalf like as is above appointed for strong Beggers and that to be done and executed by such as is above limited to do the same upon strong Beggers and in such wise and upon such pain as is afore limited for Non-Execution of the punishment of strong Beggers LXXXIX 22 H. 8. 12. § 21. N. 1. Charity Provided alway that it be lawful to every person c. Being bounden by reason of any Foundation or Ordinance to give or distribute any Mony in Alms and also to every person c. At Common Doles used at Burials or Obiits to give and dispose in Alms any Mony to every person c. Coming to such Alms or Doles after like manner and form as they have been accustomed to do in that behalf afore the making of this Act without any danger or penalty of this Estatute any thing contained in this present Estatute to the contrary hereof notwithstanding XC 22 H. 8. 12. § 22. N. 1. Provided also that it be lawful to all Masters and Governors of Hospitals Abbe to lodge and Harbor any person or Persons of Charity or Alms according to the Foundation of such Hospitals and to give Mony in Alms in as large manner and form as they are bounden or own to do any thing in this Statute to the Contrary hereof notwithstanding XCI 22 H. 8. 12. § 22. N. 2. And this Act to endure unto the last day of the next Parliament 35 Eliz. 7. § 25. N. 1. Continuance XCII 23 H. 8. 15. § 2. N. 1. Suits Provided always that all and every such poor person c. being Plaintiff c. in any of the said Actions Bills or Plaints which at the Commencement of their Suits or Actions be admitted by discretion of the Judge c. Where such Suits or Actions shall be persued or taken to have their process and Counsel of Charity without any Mony or fee paying for the same shall not be compelled to pay any costs by vertue and force of this Statute but shall suffer other punishment as by the discretion of the Justices or Judge afore whom such suits shall depend shall be thought reasonable any thing c. notwithstanding XCIII 27. H. 8. 25. 26 Where in an act Lieu. c. viz. 22. H. 8. 12. § 1. N. 3. Among other things it was Ordained Established and Enacted that every strong and valiant Begger and Vagabond after he were whipped for his Vagaboncy and Idleness should depart from the place where he was whipped directly unto such Town Hundred and County where he was born or were he had dwelled by the space of three years next before there to continue and abide And also that aged Poor and Impotent people should in likewise repair into every Hundred within the said Counties there to remain and continue according to the meaning and purparty of the said Act upon pains limited in the same c. XCIV 27 H. 8. 25. 26. § 2. N. 1. Taxes And forasmuch as it was not provided in the said Act viz. 22 H. 8. 12. how and in what wise the said poor people and sturdy Vagabonds should be ordered at their repair and at their coming into their Counties nor how the Inhabitants of every Hundred should be charged for the relief of the same poor people nor yet for the setting and keeping in work and labour of the aforesaid valiant Vagabonds at their said repair into every Hundred of this Realm XCV 27 H. 8. 25. 26. § 2. N. 2. It is therefore now Ordained Constable c. That all and every the Mayors Aldermen Sheriffs Bailiffs Constables House-holders and all other head Officers and Ministers of every City Shire Towns and Parishes of this Realm at the repair and coming thither of such Poor Creature or sturdy Vagabond as is contained in the said Act viz. 22 H. 8. 12. shall most Charitably receive the same and order the same in manner
by the discretion of the said Governors or Bailiffs and thereupon to be sent again unto his service and so to be served as often as he shall be apprehended and Convicted in form aforesaid CV 27 H. 8. 25. 26. § 7. N. 3. And if any person or persons Proces refuse to Execute and to do the said punishment at the Commandment of any of the said Governors Aldermen Justices of Peace and others the said Officers and Ministers then he or they so refusing the same shall be set in the stocks by the space of two days without having of any other sustenance saving only bred and water CVI. 27 H. 8. 25. 26. § 8. N. 1. Item It is also enacted Search c. that all and every the aforesaid Mayors Governors Aldermen and every the Justices of the Peace as well within liberties as without shall once in every month or oftner if need shall require command a Privy or secret search to be made within every City and Ward Town Hundred Parish and Hamlet of this Realm in such time of the night and day as they shall think convenient to the intent that all Rufflers sturdy Vagabonds and valiant Beggers and other suspect persons may be by such means apprehended taken and ordered according to the purport and meaning of this present act and otherwise to be used according to the Laws of this Realm CVII 27 H. 8. 25. 26. § 8. N. 2. Proces And that all and every person and persons obey aid assist and maintain from time to time all and every the Commandments of the said Justices of Peace and other head Officers aforesaid for and concerning the making of all the said searches and the apprehending of all and every the suspect persons aforesaid upon pain to make fine for not doing of the same at the next quarter Sessions as it shall be thought by the discretion of the Mayor Governors Aldermen and Justices of the Peace Games CVIII 27 H. 8. 25. 26. § 9. N. 1. Item It is Enacted c. that no person c. at any time after the Feast of Saint John Baptist next coming shall use keep and maintain any open Playing-House or place of Common Bowling Dicing Carding Closh Tennis or other unlawful Games taking mony for the same or other gain in any place of this Realm upon pain to forfeit five Marks for every Month that any such unlawful Houses or Games shall so be openly kept used and maintained in any Place within this Realm be it within liberties or without any grant heretofore made to any person c. in any wise notwithstanding Encumbant CIX 27 H. 8. 25. 26. § 10. N. 1. Item It is Enacted c. that every Preacher Parson Vicar Curate of this Realm as well in all and every their Sermons Collections Biddings of the beads as in time of all Confessions and at the making of the Wills or Testaments of any Persons at all times of the year shall exhort move stir and provoke people to be liberal and bountiful to extend their good and Charitable Alms and Contributions from time to time for and towards the comfort and relief of the said Poor Impotent Decrepit Indigent and needy people as for the setting and keeping to continual work and labor of the aforesaid Rufflers sturdy Vagabonds and valiant Beggers in every City Ward Town Hundred and Parish of this Realm as well within liberties as without Pain CX 27 H. 8. 25. 26. § 11. N. 1. Item It is Enacted c. that if any of the aforesaid Rufflers sturdy Vagabonds and valiant Beggers after such time as they have been once apprehended taken whipped and sent unto any City Ward Town Hundred or Parish by any Justices of Peace Mayor Constable Bayliffs or any other the Kings Officers and Ministers happen to wander loyter or idly to use themselves and play the Vagabonds and willingly absent themselves from such labor and occupation as he or they shall be appointed unto within any City Ward Town Hamlet Hundred or Parish whereunto he or they have been appointed in manner and form aforesaid that then he or they being Eftsoons apprehended and taken of suspitions of Idleness in any privy searches aforesaid or otherwise shall be brought before the next Justice of Peace And upon due Examinations and proof of the continuance of his said loytering wandering in idleness or Vagaboncy shall be Eftsoons not only whipped again and sent into the City Ward Town Hundred or Parish whereunto he was first appointed but also shall have the upper part of the Grislle of his right Ear clean cut off so as it may appear for a perpetual token after that time that he hath been a contemner of the good order of the Common-wealth Constable CXI 27 H. 8. 25. 26 § 11. N. 2. And that every Constable of the Parish with the assistance of the most substantial of every such Parish where any such Ruffler or Vagabond shall happen thus to be taken shall do or cause to be done this present Execution as well in whipping as in cutting off the said upper Grisle of the Ear of every such Ruffler or sturdy Vagabond or valiant Begger upon pain to lose and forfeit five Marks for every time that he shall refuse to do or cause to be done the same Execution And all and singular the Inhabitants of the said City Ward Town Hundred or Parish shall assist and aid the said Constables in Execution of the premisses to the best of their Power with Good diligence and without contradiction upon the pain aforesaid CXII 27 H. 8. 25. 26. § 12. N. 1. Item It is further Enacted Imprisonment c. That if any Ruffler or sturdy Vagabond or valiant Begger not having the upper part of the right Ear and being cut off as is aforesaid happen to be apprehended and taken in or at any privy search as aforesaid at any other time wandring in Idleness in or without any City Ward Town Parish or Hamlet within this Realm whereunto he or they have been assigned and duely proved before any Justice of Peace that he or they haunt Idleness and hath not applied nor doth not apply such labors as he or they have been assigned unto or be not in service with any Master that then he or they so taken marked and having the upper part of the right Ear cut off as is aforesaid shall be by any of the said Justices of Peace sent unto the next Goal there to remain without Bail or Mainprise until the next Quarter Sessions and there to be Indicted of wandring loytering and idleness and shall be arraigned of the same and if he or they shall happen to be found Guilty by Verdict Confession or otherwise of for and upon the same continual loytering and idleness then every such sturdy Vagabond and valiant Begger so found Guilty and Condemned shall have Judgment to suffer pain and Execution of death as a Felon and as Enemies of
the Common-wealth and to lose and forfeit all their Lands and Goods as Felons do in all other cases within this Realm CXIII 27 H. 8. 25. 26. § 13. N. 1. Item It is Enacted Search c. That the Knight Marshal for the time being shall have full power and Authority by vertue of this present act to search do and put in due and plain Execution all and every the contents as well of the aforesaid former Act viz. 22 H. 8. 12. as of this present Act and of and upon all such Rufflers sturdy Vagabonds and valiant Beggers Men and Women as in any wise shall frequent hunt or loyter Masterless and out of service in and about the Court wheresoever the Kings Highness chance to be resiant with his most Honorable Houseshold in any place of this Realm CXIV 27 H. 8. 25. 26. § 14. N. 1. Charity And for the avoiding of such inconveniences and Infections as oftentime have and daily do chance among the people by Common and open Doles and that most commonly unto such Doles many persons do resort which have no need of the same It is therefore Enacted c. that no manner of person c. shall make or cause to be made any such common or open Dole or shall give any ready mony in Alms otherwise than to the common Boxes and Common Gatherings in Every City Town Hundred Parish and Hamlet to and for the putting in plain and due Execution of all and every the good and vertuous intents and purposes contained in this present Act upon pain to lose and forfeit ten times the value of all such ready mony as shall be given in Alms Contrary to the tenor and purport of the same CXV 27 H. 8. 25. 26. § 14. N. 2. And that every person Taxes c. of this Realm Bodies Politique Corporate and others that be bound or charged Yearly Monthly or Weekly to give or to distribute any ready Mony Bread Victual or other sustentation to Poor people in any place within this Realm shall from the Feast of Michaelmas next coming give and distribute the same Mony or the value of all such Bread Victual or sustentation unto such Common Boxes to the intent the same may be imployed towards the relieving of the said Poor Needy Sick Sore and Indigent persons and also towards the setting in work of the said sturdy and idle Vagabonds and valiant Beggers and every of the said person and persons Bodies Politique Corporate and others shall be clearly discharged against all and every other person and persons of and for all manner of Bonds or Grants whatsoever they be for making of any of the said Common Doles or others the foresaid distributions at any time of the year so as the Mony and true value of the same be given unto the Boxes towards the common Alms and relief of the poor people in form aforesaid Account CXVI 27 H. 8. 25. 26. § 15. N. 1. And to the intent that the Mony gathered towards the relief of Poverty as is abovesaid shall be imployed and converted to such charitable uses and behoofs by this present Act limited and no part thereof to be misused by such as shall have the collection thereof it is therefore ordained and enacted c. that the Church-wardens of every Parish calling unto them six or four of their honest Neighbors shall have full power and Authority every Quarter of the year or oftner by their discretions to command every such Collector to appear before them and to render and yield account of all summs of Mony as by them shall be gathered and how and in what manner it was imployed Account CXVII 27 H. 8. 25. 26. § 15. N. 2. And if upon any account it shall be seen perceived or found that any such Collector hath not converted nor employed the Mony by him gathered to such uses and intents as be limited by this Act or to have imbezilled any part thereof that then every such offendor shall be attached and apprehended by them before whom he so shall make account and shall immediatly be brought before a Justice of the Peace if it be in any Shire or before the Mayor or Bailiff if it be in City Borough or Town Corporate which Justice or Mayor or Bailiff shall cause every such offender to be committed to Ward and Prison there to remain unto such time as he shall have fully restored and paid to the Collectors of the said Alms within the Parish where he so offended all such summs of Mony as by him shall be so imbezilled converted or imployed to other uses or intents than by this Act be limited and also till he shall have paid 6 s. 8 d. for a penalty to be converted imployed and distributed to the uses and intents specified and declared in this Act. Incumbent CXVIII 27 H. 8. 25. 26. § 16. N. 1. And it is ordered c. that the Parson Vicar or Parish Priest or some other honest man of every Parish of this Realm without taking or demanding any thing for the same shall keep a Book of reckoning and then shall enter write and make mention from time to time in one place or part of the Book as well of all and every such summs of Mony as shall be gathered by the charitable Alms of the Inhabitants of every of the same Parishes as to make mention in other place of the same Book how upon whom and in what wise any part of the same Mony shall be spent and so from year to year from one year to another year he shall keep a new book the Book to be bought and paid for by the Constable and Church-wardens for the time being of the common Collections and always shall remain in the Custody of two or three of them or of some other indfferent man by their consents and not with the Parson Vicar or Parish Priest Charity CXIX 27 H. 8. 25. 26. § 17. N. 1. Item It is ordered c. that two or three times in every week two or three of every Parish within Cities and Towns Corporate by the assignment and appointment of the Mayor Aldermen Governor Bailiff or Constable some in one week and some another week shall name and appoint certain of the said poor people found of the common Alms to collect and gather broken meats and fragments and the refuse-drink of every Householder within every such Parish which shall be by their discretions distributed evenly among the poor people found of the said common Alms as they by their discretions shall think good Constable CXX 27 H. 8. 25. 26. § 18. N. 1. Item It is ordered c. that all and every Bailiff Constable Church-wardens and other the Collectors of the said Alms which shall at any time forbear their own business and labor and shall travail or take any pains in and about the Execution of any part of this present Act shall have and take for his and
their so doing such competent wages of the Mony of the said common Collections as by the discretion of the Mayor Aldermen Governor Bailiff or Justices of Peace and others of the Parish shall be thought good and reasonable which shall be appointed to them from time to time always at the making of their accounts before the whole Parish aforesaid CXXI 27 H. 8. 25. 26. § 19. N. 1. Item Charity The Mony of all and every the aforesaid free and Charitable Collections shall be kept in the common Coffer or Box standing in the Church of every Parish or else shall be committed into the hands and safe custody of any other such good and substantial trusty man as they can agree upon where they shall think it always sure and safe and where it may be surely delivered unto the uses before expressed from time to time as necessity shall require making always mention thereof in two several places of the said book as it is before declared as often times as any part thereof shall be spent or gathered CXXII 27 H. 8. 25. 26. § 20. N. 1. Item It is ordered Days c. That the Inhabitants of every Parish of this Realm shall begin to make the foresaid free Charitable and Godly Collections and Gatherings in every Sunday and Holiday next after the day of Saint John Baptist next coming and so shall continue yearly unto the last day of the next Parliament and every Parish making default and not putting all and every the premisses in due and perfect Execution according to their power behaviors and discretions shall lose and forfeit 20 s. for every Month in which it is omitted and undone CXXIII 27 H. 8. 25. 26. § 20. N. 2. And all Justices of Peace in every County and Liberty of this Realm Justices shall have full power and Authority by vertue of this present act to enquire hear order and determine all and every the premisses in manner and form and to all intents as it is before declared CXXIV 27 H. 8. 25. 26. § 21. N. 1. Finally it is ordained Continuance c. that this present Act shall begin to take effect and to be put in Execution with the aforesaid former Act viz. 22 H. 8. 12. the morrow after the day of Saint Michael the Arch-Angel next coming and shall continue unto the last day of the next Parliament 31 H. 8. 7. CXXV 27 H. 8. 25. 26. § 21. N. 2. Forfeiture And that the one moity of all and every the Forfeitures aforesaid shall be to the use of the common box to the relief of the Poor Decrepit Sick and Indigent and Impotent people being within any City Town Hundred or Parish where any such offence is committed and the other moity to him or them that will sue for the same by Bill Action of Debt Plaint or otherwise in any Court of Record or Court Baron of this Realm in which Action no wager of Law Essoyn or Protection shall be allowed CXXVI 27 H. 8. 25. 26. § 22. N. 1. Charity Provided always that this present Act shall not be hurtful or prejudicial unto any person or persons for giving or sending any ready mony or of any fragments or broken meat or drink unto any person or persons Inhabited within the Parish where he dwelleth or to any persons but that they and every of them of their Charity may use send order give and dispose the same to any person or persons aforesaid as they will themselves either within their own Houses or else where any thing contained in this present Act to the contrary in any wise notwithstanding CXXVII 27 H. 8. 25. 26. § 23. N. 1. And be it further Enacted Certificat c. That they which by the Authority of this Act shall cause the Ears of any offendor to be cut off in form before mentioned shall certifie in writing indented under their Seals at the next General Sessions of the Peace that shall be kept in any City Town Borough or Shire unto the Clerk of the Peace of the same City Town or Shire the names of all such as shall fortune to have their Ears cut off for the causes beforesaid and of the time and place of doing the same and if they fail and make default this to do by the space of one month that then they shall forfeit for every month so offending 40 s. Church wardens CXXVIII 27 H. 8. 25. 26 § 24. N. 1. And be it further Enacted c. That no Church-warden Collector or Collectors of any the foresaid charitable Alms shall continue in his or their said Offices and Rooms above the space of one whole year Charity CXXIX 27 H. 8. 25. 26. § 24. N. 2. And that in all Cities Boroughs Towns and Parishes of this Realm the overplus of all and all manner of Collections of the Rich and Wealthy Parishes within any of the same Cities Boroughs Towns Hundreds Lathes Rapes and Wapentakes from time to time shall be ordered and distributed for and towards the sustentation of the charges of other poor Parishes near and within any of the same Cities Boroughs Towns Hundreds Lathes Rapes and Wapentakes by the discretion from time to time of the Mayor Aldermen Baliffs Governors Justices of Peace and high Constable of the same Constable CXXX 27 H. 8. 25. 26. § 25. N. 1. Provided alwais that in such Cities Towns Hundreds Wapentakes Lathes Rapes Ridings Tythings Hamlets and Parishes where the voluntary and unconstrained Alms and Charity of the Parishioners or people which by this Act shall be contributory to such Alms and with such Mony as shall be added and given to the same from any Monasteries or other persons bodies Politick Corporate or other will not suffice to the sustentation of the poor needy and indigent people being within the limits of such contribution neither the Mayors Aldermen Sheriffs Bailiffs Constables or other head Officers Householders Ministers or Inhabitants of the same in particular ne also the whole of them in general shall incurre or run into the said forfeiture danger or penalty of 20 s. for every Month ne any of them to be constrained to any such certain contribution but as their free wills and Charities shall extend otherwise than that the persons thereunto appointed by this Act shall well and truly distribute according to the purport of the same the said Charity and Alms that shall come to their hands of voluntary gift upon the penalties in this Act for the same provided any Clause Sentence or Words in the same Act being or founden to the Contrary thereof notwithstanding Charity CXXXI 27 H. 8. 25. 26. § 26. N. 1. Provided also it shall be lawful to all Noblemen and other keeping Houses their Almoners Servants Officers and Ministers to give in Alms the Fragments or broken Meat or Drink of the same as well to poor and indigent people of other Parishes as of the same Parishes where such House
the said Child unto the ages before specified to be Servants or Apprentices to the said person so taking and promising to be used and ordered in all points according as the Law and custome of this Realm is of Servants and Apprentices to what labor occupation or service soever the said Master shall appoint him or her during the said terme Infant CLVI 1 Ed. 6. 3. § 7. N. 5. And if it shall fortune such Child so adjudged to run away at any time one or more times from his or her Master or Mistres that then it shall be lawful for every such Master to take the said Child again and to keep and punish the said Child in chains or otherwise and use him or her as his Slave in all points for the time before rehearsed of the age of such Child that is to say till twenty the Woman Child and the Man Child twenty four Villenage CLVII 1 Ed. 6. 3. § 8. N. 1. Provided always that any Master either of the Men or of the Women so adjudged Slaves or of the Children adjudged Apprentices or Servants may Let set forth seal bequeath or give the service and labor of such Slaves or Servants so adjudged as is aforesaid to any person or persons to whomsoever he will upon such condition and for such terme of years as the said persons be adjudged to him for Slaves Servants or Apprentices after such like sort and manner as he may do of any other his moveable Goods or Chattels and they for the said space and time to be bound to all points and constructions to such lessee vendee donee or assignee as they were to their first apprehendors and Masters by virtue of this Statute Villenage CLVIII 1 Ed. 6. 3. § 9. N. 1. Provided always and be it enacted c. that if any such Slave or Slaves or Children so adjudged shall at any time after such Judgment maihem or wound their Masters or Mistresses in resisting their correction or otherwise or when they be manumitted and set again free or in the time of their service shall conspire with any other or by themselves go about to Murder and Kill or to Maihem Wound or Beat the said Master or Mistres or any that was their Master or Mistres or to burn their Houses Barns or Corn so that their intent come to an Act tending to the effect as lying in wait with Weapon or any such like shall be accounted Felony and they shall suffer therefore pains of Death as in case of Felony Villenage CLIX. 1 Ed. 6. 3. § 9. N. 2. Except that any such person or persons as be or had been Master or Mistres to any of them or he refusing any other will take such person so offending to their Slaves and then he or she so offending to be adjudged to the person so willing to take him or her so offending slave for ever and thereupon to be discharged of the Felony Villenage CLX 1 Ed. 6. 3. § 9. N. 3. The same Law and order to be had in all conditions if it should chance the Father Mother Nourse or other the bearer about of the Child or any other person or persons to steal away such Child adjudged Apprentice or Servant that is to be slave to such Apprentices or Servant's Master whose Apprentice or Servant was so stolen or inticed away for ever and the Master nevertheless to take and receive his said Apprentice or Servant again as if the said taking away had never been done CLXI 1 Ed. 6. 3. § 10. N. 1. Be it also Enacted Apprentice c. that although there be no man which shall demand such Loyterer or Loyterers as before expressed into their Service yet nevertheless the Justice of Peace in that City Borough Town or Hundred dwelling if any such be or else any other Justice of Peace of the same Shire and also there dwelling of his or their Office shall be hereafter bound by virtue of this Act not only to inquire of all such Idle-persons but also if they do espy any such Vagabonds or Idle-persons or if any such be detected unto them to examin him or her of the time of their Vagabondry CLXII 1 Ed. 6. 3. § 10. N. 2. Justices And if it shall appear to any Justice of Peace any such Man or Woman to have been a Vagrant and Vagabond or Idle-person by the space as is aforesaid to cause the same to be marked on the Breast with an V. made with an hot Iron CLXIII 1 Ed. 6. 3. § 10. N. 3. And also to inquire of him Lieu. the Town City or Village wherein he was born and then shall immediately give a Writing in Parchment seal'd with his Seal to the said Loyterer of the tenor and form which here ensueth CLXIV 1 Ed. 6. 3. § 10. N. 4. A. B. Justice of Peace in the County of S. to the Mayor or Cheif-Officer of the City of Z. if it be a City or to the Head-Borough Baily or Constable Certificate or Head-Officer of the Town of Z. if it be a Town or to the Constable or Tything-man of the Village of C. if it be a Village CLXV 1 Ed. 6. 3. § 10. N. 5. According to a most Godly Statute made in the first year of the Raign of our Soveraign Lord King Edward the sixth c. we have taken this Bearer J. K. Vagrantly Certificate and to the Evil Example of others without Master Service or Labor whereby to get his Living going loytering idly about and because the same saith he was born in C. in the County of S. whereof you are the Head-Officer or Constable we have sent him to you to be ordered according to the purport and effect of the same Statute CLXVI 1 Ed. 6. 3. § 10. N. 6. And with this Writing Constable shall deliver the same Loyterer to the Constable or other Head-Officer of the said City Town or Village wherein such Loyterer was taken to be safely by them conveyed to the next Constable and so from Constable to Constables and other Head-Officers till he or she be brought to the place the which he or she hath named themselves to be born in CLXVII 1 Ed. 6. 3. § 10. N. 7. And then to be delivered to the Head-Officer or Constables of that same City Borough or Town Village Lieu. Hamlet or Parish there to be nourished and kept of the same City Town or Village in Chains or otherwise either in the common Works in amending High-ways or other common works or from man to man in order till they which may bear be equally charged to be Slave to the Corporation of the said City or to the Inhabitants of the Town or Village that he or she was born in after all such Form Condition space of Years Orders Punishments for running away and all others as are expressed of a Common or Private Person to whom any such Loyterer is adjudged a Slave CLXVIII 1
viz. 5 Eliz. 3. and every Branch Article Clause and Sentence in them and every of them contained shall be from and after the Feast of Saint Bartholomew the Apostle next coming utterly void frustrate and of none effect CCLXX. 14 Eliz. 5. § 2. N. 1 Be it also Enacted Nusans c. as well for the utter suppressing of the said outragious enemies to the common-weal as for Charitable relieving of the aged and impotent poor people in manner and form following CCLXXI. 14 Eliz. 5. § 2. N. 2. First that all and every person and persons whatsoever they be being above the age of fourteen years Infant being hereafter set forth by this Act of Parliament to be Rogues Vagabonds or sturdy Beggers and be at any time after the Feast of Saint Bartholomew the Apostle next coming taken Begging in any part of this Realm or taken Vagrant wandring and misordering themselves contrary to the purport of this present Act of Parliament in any part of the same shall upon their apprehension be brought before one of the Justices of the Peace or Mayor or Cheif-Officers of Cities Boroughs or Towns-Corporate within the County City Borough or Town-Corporate where the Apprehension shall happen to be Imprisonment CCLXXII 14 Eliz. 5. § 2. N. 3. And by the said Justice or Head-Officer to be presently committed to the common Goal of the said County being apprehended within the County or else such other place as by the Justices of Peace of that County or three of them at any their general Sessions shall be appointed Corporation CCLXXIII 14 Eliz. 5. § 2. N. 4. And if he be taken within any City Borough or Town-Corporate then to be committed to the said City Borough or Town Corporate Bail CCLXXIIII 14 Eliz. 5. § 2. N. 5. There to remain without Bail or Mainprize until the next Sessions of the Peace or general Goal-Delivery for the said Shire City Borough or Town-Corporate to be holden which shall first happen Constable CCLXXV 14 Eliz. 5. § 2. N. 6. And the Constables or other Officers for the conveying of such Rogue or Vagabond by Commandment of the said Justices to have such reasonable charges for themselves and the Prisoner from time to time born by the Parish or Parishes where the said Rogue or Vagabond shall happen to be taken as to the discretion of the Justices of Peace present at the next Assizes or at the Sessions of the Peace then next kept within the limit where the Prisoner is apprehended shall seem convenient Sessions CCLXXVI 14 Eliz. 5. § 2. N. 7. At which Sessions or Goal-delivery if such person or persons be duly convict of his or her Roguish or Vagabonds trade of Life either by Inquest of Office or by the Testimony of two honest and credible Witnesses upon their Oaths that then immediately he or she shall be adjudged to be grievously whipped and burnt through the Gristle of the right Ear with an hot Iron of the compass of an Inch about manifesting his or her punishment received for the same whereof entry shall be made of Record by the Clerk of the Peace of the same Shire in the Records of the same Sessions Execution CCLXXVII 14. Eliz. 5 § 2. N. 8. Which Judgment shall also presently be executed except some honest person valued at the last Subsidy next before that time to 5 l. in Goods or 20 s. in Lands or else some such honest Housholder as by the Justices of Peace of the same County or two of them shall be allowed will of his Charity be contented presently to take such Offender before the same Justices into his Service for one whole year next following and to that end will presently before the said Justices enter into Bond by Recognizance to the use of our Soveraign Lady the Queen to pay to our said Soveraign Lady the sum of 5 l. if he keeps not the said Offendor in his Service by the space of the said whole year and to bring him or her unto the Sessions at the years end or then good proof of his or her death during the said year Fees CCLXXVIII 14 Eliz. 5. § 2. N. 9. The said Clerk of the Peace taking for the said Recognizance but 12 d. only Departure CCLXXIX 14 Eliz. 5. § 2. N. 10. And if such Rogue or Vagabond so taken into Service depart within the said year from the said Service against the will of him that so taketh him or her into Service that then such Rogue or Vagabond shall be whipped and burnt through the Gristle of the right Ear with a hot Iron as is aforesaid Bail CCLXXX 14 Eliz. 5. § 3. N. 1. Provided always nevertheless that if the said person so committed or to be committed come before the next Sessions of the Peace or the next Goal-delivery to be holden for the said County or before their committing and do find any such Surety as is next before recited to be bound in form aforesaid for him or her for one whole year then the said person shall not tarry in the Goal till the next Sessions or till the next Goal delivery CCLXXXI 14 Eliz. 5. § 4. N. 1. And be it further Enacted Pain that the said person or persons so marked or adjudged to be burnt as aforesaid shall not be dealt withal again by way of punishment by the space of forty days next after the said punishment executed or adjudged to be burnt as is aforesaid if he or she have Licence for the said forty days from two Justices of the Peace of the same Shire testifyng the Punishment received or Judgment given CCLXXXII 14 Eliz. 5. § 4. N. 2. But if after the said punishment Executed or Judgment given the said person or persons Coron so marked or haveing received such Judgment do after threescore days next after he she or they shall be so marked either in the same County where he or she was so marked or having received such Judgement or else in any other County within the said Realm of England or Wales being of the age of Eighteen years or above do Eftsoons fall again to any kind of Roguish or Vagabond trade of life that then the said Rogue Vagabond or Sturdy Begger from thenceforth to be taken adjuged and deemed in all respects as a Felon CCLXXXIII 14 Eliz. 5. § 4. N. 3. And shall in all degrees receive have Forfeiture suffer and forfeit as a Felon except some honest person valued at the last subsidy next before that time to 10 l. in Goods or 40 s. in Lands or else some such honest House-holder as by the Justices of Peace of the same County or two of them shall be allowed of meer Charity will be contented before such Justices as the said Vagabond is or shall be arrained of Felony to take him or her into his service for two whole years then next following and then before the same Justices will then presently
having Licence of the next two Justices of the Peace Licence to the place where they first hapned to Land or where they first entred into this Realm shall and may pass according to the purport of their Licence and intent of this Act of Parliament any thing herein contained to the contrary in any wise notwithstanding CCCIII. 14 Eliz. 5. § 10. N. 1. Be it also further provided that no Licence recited in this Statute shall give any manner liberty Licence or be of any manner force but only in the Shire whereof the grantor or grantees of such Licence shall be Justice or Justices of Peace CCCIV. 14 Eliz. 5. § 10. N. 2. Wherefore if the said party Licenced will have any further passage without the danger of this law Licence than the Shire where his first Licence is granted it shall be lawful for him to procure and get in every other Shire where he intendeth to pass one other Licence from two Justices of the Peace of the said Shire and so from Shire to Shire to the end of his Journy CCCV 14 Eliz. 5. § 10. N. 3. Be it also provided that this Act Husbandry nor any thing therein contained do in any wise extend to any Cockers or Harvest Folks that travail into any Country of this Realm for harvest work either Corn Harvest or Hay-Harvest if they do work and labor accordingly CCCVI 14 Eliz. 5. § 10. N. 4. Neither yet to any that hapneth to be robbed or spoiled by the way Robbery CCCVII 14 Eliz. 5. § 10. N. 11. Neither yet to any Serving-men Apprentice that be of honest behavior that be turned from their Masters or whose Master or Mistres shall be dead for the space of six months next after such turning away or death of such Master or Mistres so as every such Serving-man hath a testimonial from his Master or Mistres or from two Justices of the Peace of the same County declaring such turning away or such death of his Master or Mistres CCCVIII 14 Eliz. 5. § 11. N. 1. Provided always that it shall be lawful to the Lord Chancellor or Lord Keeper of the Great Seal of England Licence for the time being to make Licence under the said Great Seal as heretofore hath been accustomed and that the said Licence and Licences shall as largly extend as the contents of them will bear any thing herein to the contrary in any wise notwithstanding CCCIX 14 Eliz. 5. § 12. N. 1. Provided always and be it further Enacted Ouster le mers c. that this present Act or any thing therein contained shall not extend to make frustrate or void any safe Conduct Pasport or Licence made and granted or to be made and granted by the Lord Deputy of Ireland or by the Lord Governor of the Towns and Garrisons of Berwick or Carlile for time being or any other Chief Captain or Governor of any Castle or Fortress of the Queens Majesties or by any other in his or their absence having the said charge of the said Towns and Garrisons or by any of the Guardians of the three Marches towards Scotland or by any General Lieutenant or other Chief-Officer appointed by the Queens Majesty to have the charge and conduct of any Army Garrison or Power of men levyed or to be levyed by her Highness order and appointment and for the special service and affairs of Her Majesty her Heirs or Successors or by any Private Captain upon the dispersing of any Army only to any Souldier or Souldiers or any other person or persons whatsoever within this her Realms of England and Ireland passing by vertue thereof about his or their lawful business and affairs but that he or they shall and may quietly without any let or disturbance enjoy the benefit effect and true meaning thereof in as large and ample manner and form as heretofore hath been used and accustomed any thing in this present Act mentioned to the contrary in any wise notwithstanding Infant CCCX 14 Eliz. 5. § 13. N. 1. Provided always that this present Act or any thing therein contained shall not in any wise extend to the punishment of any such person or persons as by this Statue are limited for Rogues unless the same be of the age of fourteen years or above but that they and every of them under the age shall be punished with whipping or stocking as heretofore hath been used and appointed by the Laws and Statutes in that case provided and now repealed this Act or any thing therein contained to the contrary hereof in any wise notwithstanding Constable CCCXI. 14 Eliz. 5. § 14. N. 1. And it is further Enacted c. that if within any Town or Parish where any such Vagabond or Rogue shall happen to beg or make his abode contrary to the form of this Statute if the Constable or Tything-men be negligent and do not his or their best endeavour for the apprehension of such Vagabond or Rogue which there shall beg or make abode contrary to the form in this Statute limited or shall willingly suffer the said Vagabond or Rogue to escape from the punishment or order in this Statute prescribed that then the said Constable or Tything-men in whom such default shall be shall lose and forfeit for every such Vagabond and Vagrant person that shall be so suffered to beg or make abode within his Authority contrary to the form of this Statute 6 s. 8 d. Cottages CCCXII 14 Eliz. 5. § 14. N. 2. And forasmuch as Charity would that Poor Aged and Impotent persons should as necessarily be provided for as the said Rogues Vagabonds and sturdy Beggers repressed and that the said aged impotent and Poor people should have convenient Habitations and abiding places throughout this Realm to settle themselves upon to that end that they nor any of them should hereafter beg or wander about Justices CCCXIII. 14 Eliz. 5. § 14. N. 3. It is therefore Enacted c. that the Justices of Peace of all and singular the Shires of England and Wales within the limits of their Commissions and all other Justices of the Peace Mayors Sheriffs Bailiffs and other Officers and all and every City Borough Riding and Franchise within this Realm whereof they be Justices of the Peace within the limits of their Authority shall at or before the said Feast of Saint Bartholomew next coming divide themselves and so being divided shall within every of their several divisions and Authorities make diligent search and enquiry of all Aged Poor Impotent and decayed persons born within their said divisions and limits or which were there dwelling within three years next before this present Parliament which live or of necessity be compelled to live by Alms of the Charity of the people that be or shall be abiding within the limits of their Commissions and Authorities CCCXIV 14 Eliz. 5. § 14. N. 4. And shall upon that search made Records make a Register-Book
to take the Declaration of any Person that being moved to any such assembly will within 24. hours after reveal the same unto him XLI Lambert 360. Three Justices of the Peace one of them being of the Quorum may discharge out of Prison any Person committed thither for his Offence in not declaring to a Justice within 24 hours that he was moved to joyn in any unlawful Assembly contrary to the Statute 1 Mar. 1. St. 2. cap. 12. and 1 Eliz. 16. XLII Lambert 367. That Justice of Peace that doth not after request thereof made give attendance upon the Kings Lieutenant of the Shire for the suppressing of any Rebellion or unlawful Assembly shall suffer a years Imprisonment unless there be Cause of reasonable Excuse 1 Mar. 1. St. 2. cap. 12. § N. and 1 Eliz. 16. XLIII Lambert 420 421 422. Enquiry at Sessions if any Persons of or above the Number of twelve have been assembled and have intended gone about and practised with force of Arms unlawfully to change any Laws of this Realm or to cut or cast down any inclosure of Park or inclosed Ground or the Banks of any Fish-pond or any Conduit head or Pâpe to the intent they should lay open or void or to have any Common or Way there or to destroy the Deer or Conies in any Park or Warren or Dâve houses or Fish in Pool or in Pond Or to cut down any Houses Baââs Mills or Bays or to burn any Stack of Corn or Grain or other usual Sustenance of men And being commanded by the Sheriff or any Justice of the Peace of the Shire or by the Mayor Sheriff Justice of Peace or Bayliff of the City Borough or Corporate Town where the Assembly was by Proclamation in the Kings Name to depart to their Houses have notwithstanding continued together one hour after or have after that forcibly attempted to do any such thing 2. And if any Person have unlawfully by ringing of Bells Sounding of Trumpet Drumm Horn or other Instrument or by firing of Beacon or by Malitious Speech or Outcry or by Setting up or casting any writing or by any other Act raised or caused to be raised twelve Persons or above in such manner and to any such intent as is aforesaid and they being commanded by Proclamation as before have nevertheless continued together one hour after or have afterward attempted forceably to do any of the said things 3. And if any the Wife or Servant of any the said Assembled Persons or if any other Person have willingly and without compulsion delivered or conveyed Mony Harness Weapon or Victual to any of the said Persons Assembled during their abode together as before 4. and if any Person have hindred or hurt any that did Proclaim or went to Proclaim as before and if any of the Parties Assembled knowing of that hinderance or Procuring it have nevertheless afterwards committed or put in ure any the things aforesaid 5. And if any Persons to the Number of Forty or more so have assembled to the intent to do any the said things or any other Felonious or Rebellious Act and have continued together three hours after such Proclamation made at or nigh the place of Assembly or in some Market Town next adjoyning and after notice to them thereof given 1 Mar. 1. St. 2. cap. 12. § N. 1 Eliz. 16. XLIV Lambert 439. Enquiry in Sessions if any Persons to the number of three or above have been riotously Assembled to beat any man to enter upon a Possession or to do any such unlawful Act and have done it indeed or attempted to do it or have been assembled together in Routs for any common Quarrel or otherwise unlawfully against the Kings Majesties Peace 2 H. 5. 8. Commission under the name of Conventicles 2. If any Persons above the number of two and under twelve being assembled have intended unlawfully with force to murder or slay any of the Kings Subjects or to cut and cast down any inclosure or Banks of any Fish-pond or Conduit-head or Pipe or to do any the deeds mentioned in unlawful Assemblies before 1 Mar. 1. St. 2. cap. 12. 1 Eliz. 16. § N. and have not departed upon Proclamation but have attempted to do any of these things 3. Or if any Person being moved to make any Rebellious Assembly have not within 24. hours after disclosed the same to a Justice of Peace or to the Sheriff or if any Person have stirred or procured any other to make such Assembly 1 Mar. 1. St. 2. cap. 12. 1 Eliz. 16. Crompt 168. Ab. XLV Lambert 605. The Act of Rebellious Assemblies or the effect thereof ought to be openly read at every Quarter-Sessions 1 Mar. 1. St. 2. cap. 12. 1 Eliz. 16. XLVI Lamb. Precedents 13. pl. 34. An Endictment upon a Rebellious Assembly Juratores pro Domino Rege presentant quod primo die Mensis Octobr. Anno Regni Domini Jacobi c. A. B. C. E. F. c. to the Number of 13. with Additions apud quendam locum infra Parochiam de O. in Com. predict ' Angl ' vocat ' le Old Court inter horas decimam undecimam ante meridiem ejusdem diei Vi Armis tam invasivis quam defensivis viz. Gladis Pugionibus Baculis Arcubus Sagittis Runicis ferre Ferreis Tormentis seipsos Congregaverunt Assemblaverunt ac tunc ibidem intenderunt conati sunt Practicaverunt Vi Armis illegitimè ex authoritate sua propria secare prorsus evertere prosternere ac destruere quoddam caput unius Aquaeductus Angl ' vocat ' a Conduit-head tunc ibidem in fundo cujusdam R. S. de O. predict ' in Com. predicti Generosi existent ' cursum aquae in ipso habens ea intentione ut idem caput Aquaeductus predict ' ex tunc apârtum vacuum remaneret ac Jaceret Et ulterius quod super querimonia inde sacta coram T. W. uno Justiciariorum Pacis dicti Domini Regis in Comitatu predict ' omnes singuli predict ' A. B. C. D. E. F. c. tunc ibidem per eundem Justiciarium requisiti sunc ac jussi per Proclamationem in nomine dicti Domini Regis tunc ibidem per eum palam factam ad habitationes Loca Domos suas unde venerant se inde in Pacifico modo tetrahere retirare discedere reverti quae quidem Proclamatio tunc ibidem modo forma sequentibus habita facta est viz. predict ' T. W. Justiciarius tunc ibidem fecit alta voce unam Oyes ad tunc ibidem immediate haec verba Anglicana sequentia Palam alta voce pronunciavit dicens scilicet The King our Soveraign Lord chargeth and commandeth all Persons being assembled immediately to disperse themselves and peaceably to depart to their Habitations or to their lawfull Business upon the pains contained in the Act lately made against unlawfull and Rebellious Assemblies and God save the King Et ulterius Juratores
N. 5. And further to become bound by Recognizance in the sum of twenty pounds to his Majesty his Heirs and Successors Recognizance with Condition that they the said Party so offending shall not at any time hereafter take kill or destroy any Phesant or Partridge § 8. N. 6. Which said Recognizance shall be taken by any one or more Iustices of the Peace of the said County Justices City or Town-Corporate where the said Offence shall be committed as aforesaid and shall be returned to the next Quarter Sessions and there to remain of Record as other Recognizances taken for the Peace § 9. N. 1. And be it further Enacted Constable that every Constable and Head-borough in every County City Town-Corporate and other Place where they shall be sworn Officers shall and may by vertue of this present Act bringing with them to that purpose a Lawful Warrant under the Hands of two Iustices of the Peace of the County City Liberties or Town-Corporate have full Power and Authority to enter into and search the house c. of any person c. other than such as by this present Act are allowed to take Phesants and Partridges with Nets as aforesaid being suspected to have any setting Dogs or Nets for the taking of Phesants and Partridges 21 Jac. Cap. 7. § 3. N 1. And be it further Enacted that any Iustice of Peace in any County Ale and any Iustice of Peace or other Head-Officer in any City or Town-Corporate within their Limits respectively shall from henceforth have Power and Authority upon his own view confession of the party or proof of one Witness upon Oath before him which he by vertue of this Act shall have Power to administer to convince any person of the Offence of Drunkenness whereby such person so convict shall incur the Forfeiture of five shillings for every such Offence and the same to be levyed or the Offender otherwise punished as in the said Statute is appointed § 3. N. 2. And for the second Offence Behavior he shall become bound to the Good-behavior as if he had been convicted in open Sessions any thing in the said former Statute c. viz. 4 Jac. Cap. 5. to the contrary notwithstanding Cap. 8. Whereas divers turbulent and contentious persons Peace some out of Malice and others in hope of Gain by way of Composition do oftentimes upon their Corporal-Oaths peremptorily and corruptly taken or otherwise upon false Suggestions and Surmises procure Process of the Peace or Good-behaviour out of his Majesties Courts of Chancery and Kings Bench against divers of his Majesties quiet Subjects whose dwellings and abodes are for the most part in Counties far distant and remote from the said Courts to their intolerable trouble and vexation whereas they might upon good cause shewed receive Iustice at the hands of the Iustices of Peace in the Counties where they dwell § 2. N. 1. For remedy whereof be it Enacted Process c. that all Process of the Peace or Good-behaviour after the end of this Session of Parliament to be granted or awarded out of the same Courts or either of them against any person or persons whatsoever at the Suit of or by the Prosecution of any person or persons whatsoever shall be void and of none effect unless such Process shall be so granted or awarded upon motion first made before the Iudge or Iudges of the same Courts respectively fitting in open Court and upon Declaration in Writing upon their Corporal Oaths to be then exhibited unto them by the said Parties which shall desire such Process of the Causes for which such Process shall be granted or awarded by or out of any of the said Courts respectively and unless that such motion and declaration be mentioned to be made upon the back of the Writ the said Writings there to be entred and remain of Record § 2. N. 2. And that if it shall afterwards appear unto the said Courts or either of them respectively Damages that the Causes expressed in such Writings or any of them be untrue that then the Iudge or Iudges of the said Courts or either of them respectively shall and may award such Costs and Damages unto the Parties grieved for their or any of their wrongful Vexations in that behalf as they shall think fit and that the Party or Parties so offending shall and may be committed to Prison by such Iudge or Iudges until he or they pay the said Costs and Damages Supersedeas And whereas divers turbulent and contentious persons deservedly fearing to be bound to the Peace or Good-behavior by the Iustices of Peace of the Counties where they dwell § 2. N. 3. do oftentimes procure themselves to be bound to the Peace or Good-behavior in the said Courts or one of them upon insufficient Sureties or upon colourable Prosecution of some person or persons who will be ready at all times to release them at their own pleasure whereupon his Majesties Writs of Supersedeas are oftentimes directed to the Iustices of Peace and other his Majesties Officers requiring them and every of them to forbear to arrest or imprison the Parties aforesaid for the Causes aforesaid by means whereof the said turbulent and contentious persons misdemean themselves amongst their Neigbours with Impunity to the great Offence and Disturbance of their Neighbours amongst whom they converse and live and to the affront of the Iustices of Peace and to the evil Example and Incouragement of like evil disposed persons Oath Be it further Enacted by the Authority aforesaid § 3. N. 1. that all Writs of Supersedeas after the end of this present Session of Parliament to be granted by or out of either of the Courts aforesaid shall be void and of none effect unless such Process be granted likewise upon motion in open Court first made as aforesaid and upon such sufficient Sureties as shall appear unto the Iudge or Iudges of the same Court respectively upon Oath to be assessed at five pound Lands or ten pounds in Goods in the Subsidy-book at the least Record Which Oaths and the Names of such Sureties § 3. N. 2. with the Places of their abode and where they stand so assessed in the Subsidy-books shall be entred and remain of Record in the same Courts Process And unless it shall also first appear unto the said Iudge or Iudges before whom such Supersedeas is desired § 3. N. 3. that the Process of the Peace or Good-behavior is prosecuted against him or them desiring such Supersedeas bona fide by some Party grieved in that Court out of which such Supersedeas is desired to be so awarded and directed Bail And whereas divers lewd and evil disposed persons commonly called Common-Bailers or Knights of the Post being base or beggarly persons § 4. N. 11 do oftentimes procure themselves to be assessed at high rates in the Subsidy-books and