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
shall use Imploy or Travel upon the Lords Day with any Boat Wherry Lighter or Barge Religion except it be upon Extraordinary occasion to be allowed by some Iustice of the Peace of the County or head Officer or some Iustice of the Peace of the City Borough or Town Corporate where the Fact shall be Committed N. 3. Vpon pain that every Person so Offending shall forfeit and lose the Sum of Five shillings for every such Offence Forfeiture N. 4. And that if any person Offending in any of the Premisses Dayes shall be thereof Convicted viz. for Trading on the Lords Day c. before any Iustice of Peace of the County or the Chief Officer or Officers or any Iustice of Peace of or within any City Borough or Town Corporate where the said Offences shall be Committed upon his or their View or Confession of the Party or proof of any one or more Witnesses by Oath which the said Iustices Chief Officer or Officers is by this Act Authorized to Administer the said Iustice or Chief Officer or Officers shall have Warrant under his or their Hand and Seal to the Constables or Church-wardens of the Parish c. where such Offence shall be Committed to Seize the said Goods cried shewed forth or put to Sale as aforesaid and to Sell the same and to Levy the said other Forfeitures and Penalties by way of Distress and Sale of the Goods of every such Offender distrained rendering to the said Offenders the overplus of the Monies raised thereby N. 5. And in default of such Distress or in Case of Insufficiency or Inability of the said Offender to pay the said Forfeitures or Penalties Imprisonment that then the party Offending be set publickly in the Stocks by the space of Two hours N. 6. And all and singular the Forfeitures or Penalties aforesaid viz. for Trading or Travelling Forfeiture c. on the Lords Day shall be Imployed and Converted to the use of the poor of the Parish where the said Offences shall be Committed saveing only that it shall and may be lawful to and for any such Iustice Mayor or head Officer or Officers out of the said Forfeitures or Penalties to reward any person c. that shall Inform of any Offence against this Act according to their Discretions so as such reward excéed not the third part of the Forfeitures or Penalties Statuta 29 30 Car. 2. Scotland BE it therefore Enacted 29 30 Car. 2. 2. § 1. N. 2. c. viz. because found necessary that the said two former Acts viz. 13 14 Car. 2. 22 18 Car. 2. 3. and either of them and every matter Clause and Clauses therein contained and all and every the Powers and Authorities thereby given shall be continue and remain in full force from henceforth for and during the space and time of Seven years and also from thence until the End of the first Session of the next Parliament Peace Be it further Enacted § 2. N. ◠c. that the said several Iustices of the Peace of the said respective Counties shall from time to time at the respective quarter-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
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
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.
N. 5. And further to become bound by Recognizance in the sum of twenty pounds to his Majesty his Heirs and Successors Recognizance with Condition that they the said Party so offending shall not at any time hereafter take kill or destroy any Phesant or Partridge § 8. N. 6. Which said Recognizance shall be taken by any one or more Iustices of the Peace of the said County Justices City or Town-Corporate where the said Offence shall be committed as aforesaid and shall be returned to the next Quarter Sessions and there to remain of Record as other Recognizances taken for the Peace § 9. N. 1. And be it further Enacted Constable that every Constable and Head-borough in every County City Town-Corporate and other Place where they shall be sworn Officers shall and may by vertue of this present Act bringing with them to that purpose a Lawful Warrant under the Hands of two Iustices of the Peace of the County City Liberties or Town-Corporate have full Power and Authority to enter into and search the house c. of any person c. other than such as by this present Act are allowed to take Phesants and Partridges with Nets as aforesaid being suspected to have any setting Dogs or Nets for the taking of Phesants and Partridges 21 Jac. Cap. 7. § 3. N 1. And be it further Enacted that any Iustice of Peace in any County Ale and any Iustice of Peace or other Head-Officer in any City or Town-Corporate within their Limits respectively shall from henceforth have Power and Authority upon his own view confession of the party or proof of one Witness upon Oath before him which he by vertue of this Act shall have Power to administer to convince any person of the Offence of Drunkenness whereby such person so convict shall incur the Forfeiture of five shillings for every such Offence and the same to be levyed or the Offender otherwise punished as in the said Statute is appointed § 3. N. 2. And for the second Offence Behavior he shall become bound to the Good-behavior as if he had been convicted in open Sessions any thing in the said former Statute c. viz. 4 Jac. Cap. 5. to the contrary notwithstanding Cap. 8. Whereas divers turbulent and contentious persons Peace some out of Malice and others in hope of Gain by way of Composition do oftentimes upon their Corporal-Oaths peremptorily and corruptly taken or otherwise upon false Suggestions and Surmises procure Process of the Peace or Good-behaviour out of his Majesties Courts of Chancery and Kings Bench against divers of his Majesties quiet Subjects whose dwellings and abodes are for the most part in Counties far distant and remote from the said Courts to their intolerable trouble and vexation whereas they might upon good cause shewed receive Iustice at the hands of the Iustices of Peace in the Counties where they dwell § 2. N. 1. For remedy whereof be it Enacted Process c. that all Process of the Peace or Good-behaviour after the end of this Session of Parliament to be granted or awarded out of the same Courts or either of them against any person or persons whatsoever at the Suit of or by the Prosecution of any person or persons whatsoever shall be void and of none effect unless such Process shall be so granted or awarded upon motion first made before the Iudge or Iudges of the same Courts respectively fitting in open Court and upon Declaration in Writing upon their Corporal Oaths to be then exhibited unto them by the said Parties which shall desire such Process of the Causes for which such Process shall be granted or awarded by or out of any of the said Courts respectively and unless that such motion and declaration be mentioned to be made upon the back of the Writ the said Writings there to be entred and remain of Record § 2. N. 2. And that if it shall afterwards appear unto the said Courts or either of them respectively Damages that the Causes expressed in such Writings or any of them be untrue that then the Iudge or Iudges of the said Courts or either of them respectively shall and may award such Costs and Damages unto the Parties grieved for their or any of their wrongful Vexations in that behalf as they shall think fit and that the Party or Parties so offending shall and may be committed to Prison by such Iudge or Iudges until he or they pay the said Costs and Damages Supersedeas And whereas divers turbulent and contentious persons deservedly fearing to be bound to the Peace or Good-behavior by the Iustices of Peace of the Counties where they dwell § 2. N. 3. do oftentimes procure themselves to be bound to the Peace or Good-behavior in the said Courts or one of them upon insufficient Sureties or upon colourable Prosecution of some person or persons who will be ready at all times to release them at their own pleasure whereupon his Majesties Writs of Supersedeas are oftentimes directed to the Iustices of Peace and other his Majesties Officers requiring them and every of them to forbear to arrest or imprison the Parties aforesaid for the Causes aforesaid by means whereof the said turbulent and contentious persons misdemean themselves amongst their Neigbours with Impunity to the great Offence and Disturbance of their Neighbours amongst whom they converse and live and to the affront of the Iustices of Peace and to the evil Example and Incouragement of like evil disposed persons Oath Be it further Enacted by the Authority aforesaid § 3. N. 1. that all Writs of Supersedeas after the end of this present Session of Parliament to be granted by or out of either of the Courts aforesaid shall be void and of none effect unless such Process be granted likewise upon motion in open Court first made as aforesaid and upon such sufficient Sureties as shall appear unto the Iudge or Iudges of the same Court respectively upon Oath to be assessed at five pound Lands or ten pounds in Goods in the Subsidy-book at the least Record Which Oaths and the Names of such Sureties § 3. N. 2. with the Places of their abode and where they stand so assessed in the Subsidy-books shall be entred and remain of Record in the same Courts Process And unless it shall also first appear unto the said Iudge or Iudges before whom such Supersedeas is desired § 3. N. 3. that the Process of the Peace or Good-behavior is prosecuted against him or them desiring such Supersedeas bona fide by some Party grieved in that Court out of which such Supersedeas is desired to be so awarded and directed Bail And whereas divers lewd and evil disposed persons commonly called Common-Bailers or Knights of the Post being base or beggarly persons § 4. N. 11 do oftentimes procure themselves to be assessed at high rates in the Subsidy-books and
sometimes do falsely take upon them the names of other men of good ability of purpose to enable themselves to be accepted for Bail which persons being of small or no ability or worth are ready for Lucre and Gain to become bound by Recognizance as Sureties for such persons as shall procure themselves to be bound to the Peace or Good-behavior as aforesaid by means whereof the Iudge or Iudges of the said Courts not knowing them may be easily abused and Iustice deluded Coron Be it therefore Enacted by the Authority aforesaid § 5. N. 1. that the Iudge or Iudges of the Courts aforesaid respectively or either of them upon proof of any the misdemeanors aforesaid to be committed in the obtaining of the aforesaid Writs of Supersedeas or procuring such Sureties as aforesaid shall and may likewise punish the false and insufficient Sureties and Bailers aforesaid and the Procurors thereof according to their discretions so as such Punishment extend not to the loss of Life or Member Indictment And whereas divers Bills of Indictments of Riot § 6. N. 1. forcible Entry or of Assault and Battery being found before the Iustices of Peace at the Quarter Sessions of the Peace or otherwise are oftentimes removed from the Counties where such Indictments are found by Writs of Certiorari unto them directed out of the said Courts by or by the means of the persons so indicted who well know that few or no persons grieved by such their Outrages and Misdemeanors whereof they stand so indicted will undergo the travail or charge of Prosecution of such Indictment so removed by bringing the Parties so indicted to tryal by means whereof such Offenders for the most part escape unprosecuted or unpunished and the King loseth the Fines which ought and should have been imposed upon them if such Iudgements had been prosecuted and not removed § 7. N. 1. Be it therefore Enacted Certiorari that all such Writs shall from and after the end of this present Session of Parliament be delivered at some Quarter Sessions of the Peace in open Court § 7. N. 2. And that the Parties indicted Bail shall before the allowance of such Certioraries become bound unto such person or persons which shall prosecute such Bills of Indictment against them in the sum of ten pounds with such sufficient Sureties as the Iustices of Peace at their Quarter Session of the Peace shall think fit with Condition to pay unto the said Prosecutors of such Bills of Indictment within one Month after the Conviction of such Parties indicted such reasonable Costs and Damages as the said Iustices of Peace of such Counties where such Bills of Indictment shall be found in the said Sessions of the Peace shall assess or allow § 7. N. 3. And that in Default thereof Certiorari it shall be lawful for the said Iustices to proceed to Tryal of such Indictments any such Writs of Certiorari to remove the same Indictments notwithstanding C. 12. § 4. N. 1. And whereas notwithstanding the said Statute viz. 7 Jac. Cap. 5. § 1. N. of Justice of Peace pleading the General Issue Justices and giving special matter in Evidence the Plaintiff is at liberty to lay his Action which he shall bring against any Iustice of Peace or other Officer in any Foreign County at his choice which hath proved very inconvenient unto sundry c. that have been impleaded by some contentious and troublesome persons in Counties far remote from their place of Habitations § 5. N. 1. Be it therefore Enacted c. that if any Action Bill Information Plaint or Suit upon the Case Trespass Battery or false Imprisonment shall be brought c. against any Iustice of Peace Mayor or Bailiff of City or Town-Corporate Head-borough Portreeve Tythingman Constable Collector of Subsidy or Fifteens Church-wardens and persons called Sworn-men executing the Office of Church-warden or Overseer of the Poor and their Deputies or any of them or any other which in their Aid and Assistance or by their Commandment shall do any thing touching or concerning his or their Office c. for or concerning any Matter Cause or Thing by them or any of them done by vertue or reason of their or any of their Office c that the said Action c. shall be laid within the County where the Trespass or Fact shall be done and committed and not elsewhere Cap. 15. Be it Enacted c. that such Iudges Force Iustices or Iustice of Peace as by reason of any Act c. viz. 5 Rich. 2. Cap. 7. 15 Rich. 2. Cap. 2. 8 H. 6. Cap. 9. 31 Eliz. 11. c. now in force are authorized and enabled upon Inquiry to give Restitution of Possession unto Tenants of any Estate of Free-hold of their Lands or Tenements which shall be entred upon with Force or from them witholden by force shall by reason of this present Act have the like and the same Authority and Ability from henceforth upon Indictment of such forcible Entries or forcible witholdings before them duely found to give like Restitution of Possession unto Tenants for term of years Tenants by Copy of Court-Roll Gardians by Knights Service Tenants by Elegit Statute-Merchant and Staple of Lands or Tenements by them so holden which shall be entred upon by force or holden from them by force C. 18. § 4. N. 3. It shall be lawful for any two or more Iustices of the Peace within the County or within the City Drapery Borough or Town-Corporate where such deceivable Cloth viz. with Flocks Thrums Noyles and Hairs c. shall be made or suspected to be made upon Information or Complaint of any of the said Overseers c. Searchers or any other of their Knowledge or Suspition of any such Offence to grant their Warrant to call before them any person or persons whatsoever that shall be thought in their discretions fit to discover any such Offence Proof And to examin upon Oath such person § 4. N. 4. c. for the tryal and better finding out of the Offence aforesaid and if upon Examinations it shall be found by Testimony of two Witnesses or more or by the Confession of the Party or Parties offending that any such Offence c. have been committed as aforesaid then the Party c. that shall so confess his or their said Offence c. or who shall be found to have offended shall remain convicted of such his Offence c. Certificate And that then it shall and may be lawful for the said two Iustices § 4. N. 5. to certifie such Offence c. unto the Church-wardens and Overseers for the time being of the Poor of the Parish c. where such deceivable Cloth c. shall be made under the Hands and Seals of the said Iustices Process And be it further Enacted § 5. N. 1. c. that immediately from and after such Certificate
to punish the Offender by Fine not exceeding one Hundred pounds and the Offender is to remain in Prison till he be discharged by order of the Exchequer both of the Fine and of the Imprisonment or discover the Person that set him on work to the End he may be legally proceeded against Merchants And further that in Case any Carman Porter Waterman or other Person § 7. N. 3. c. shall assist in the taking up or Landing Shiping off or carrying away any such Goods Wares or Merchandize viz. not Landed in the presence of an Officer of the Customes c. that then such Carman Porter Waterman or other person or persons so offending being apprehended by Warrant of any Iustice of the Peace for that County City or Borough which the said Iustices and every of them are hereby Authorized to Issue and to Examine Witnesses upon Oath concerning that fact and the same being proved by the Oath of two Witnesses the said Offender for such first Offence shall and may by such Iustice of the Peace be committed to the next Goal there to remain till he and they find sufficient Surety to be of the good Behaviour for so long time until he and they shall be thereof discharged by the Lord Treasurer Chancellor under Treasurer and Barons of the Exchequer Imprisonment And in Case he or they viz. Carmen Porters or Watermen c. so Convicted shall afterwards at any time Offend in like kind N. 4. viz. taking up Goods landed without presence of Customer c. that then he and they shall and may by any Iustice of Peace as aforesaid be committed to the next Goal there to remain for the space of two months without Bail or Mainprise or until he shall pay unto the Sheriff of that County the Sum of five pounds to the use of his Majesty or until he shall by the Lord Treasurer Chancellor under Treasurer or Court of Exchequer be thence discharged Poor Be it therefore Enacted C. 12. § 1. N. 4. c. That it shall and may be lawful upon complaint made by the Church-wardens or Overséers of the Poor of any Parish to any Iustice of Peace within forty dayes after any such person c. viz. Vagrant coming so to settle as aforesaid in any Tenement under the yearly value of ten pounds for any two Iustices of the Peace whereof one to be of the Quorum of the Division where any such person c. that are likely to be chargeable to the Parish shall come to Inhabit by their Warrant to remove and convey such person or persons to such Parish where he or they were last legally settled either as a Native Householder Sojourner Apprentice or Servant for the space of forty dayes at the least unless he or they give sufficient Security for the discharge of the said Parish to be allowed by the said Iustices Error Provided alwayes that all such persons who think themselves agrieved by any such Iudgment of the said two Iustices § 2. N. 1. may appeal to the Iustices of the Peace of the said County at their next Quarter Sessions who are hereby required to do them Iustice according to the merits of their Cause Husbandry And in such Case viz. of Harvest work c. if the person § 3. N. 2. c. shall not return to the place aforesaid viz. of last abode or shall fall sick or impotent whilest he or they are in the said work it shall not be accounted a settlement c. but that it shall and may be lawful for two Iustices of the Peace to convey the said person c. to the place of his or their Habitation c. under the pains and penalties in this Act prescribed Poor And if such person c. shall refuse to go N. 3. or shall not remain in such Parish where they ought to be settled c. but shall return of his own accord to the Parish from whence he was removed It shall and may be lawful for any Iustice of the Peace of the City County or Town Corporate where the said Offence shall be Committed to send such person c. to the House of Correction there to be punished as a Vagabond or to a publick work-house in this present Act hereafter mentioned there to be Imployed in Work or Labour N. 4. And if the Church-wardens and Overséers of the Poor of the Parish Justices to which he or they shall be removed refuse to receive such person c. and to the provide work for them as other Inhabitants of the Parish any Iustice of the Peace of that Division may and shall thereupon bind any such Officer c. to the Assizes or Sessions there to be Indicted for his or their contempt in that behalf § 5. N. 1. And for the said places within the Weekly Bills of Mortality in the said Counties of Middlesex and Surrey respectively Corporation there shall be elected and chosen by the major part of the Iustices of the Peace for the said Counties in their respective Quarter Sessions Assembled out of the most able and honest Inhabitants and Fréeholders of every of the said Counties of Middlesex and Surrey respectively a President a Deputy President a Treasurer and Assistants for the Corporation c. or Work-houses c. and that upon the vacancy by death or otherwise c. the power to Elect others in their Rooms be in the major part of the respective Iustices of Peace who in their General Quarter-Sessions from time to time shall accordingly supply such vacant places N. 2. And that at every Quarter-Sessions Account they shall require and take an Account in Writing of all the Receipts Charges and Disbursements of the Officers and Treasurer of such Corporation c. or Work-houses how and how many poor People have been Imployed and set to work in the year last past and what stock there was and is remaining § 6. N. 2. And it shall and may be lawful for the major part of the Iustices of Peace in their Quarter-Sessions Justices to signifie unto His Majesties Privy Council the Names of such Rogues Vagabonds Idle and Disorderly persons and sturdy Beggers as they shall think fit to be Transported to the English Plantations N. 3. And upon the Approbation of His Majesties Privy Council to the said Iustices of Peace signified what persons shall be Transported it shall and may be lawful for any two or more of the Iustices of the Peace them to Transport or cause to be Transported from time to time during the space of thrée years next ensuing the End of this present Sessions of Parliament to any of the English Plantations beyond the Seas there to be disposed of in the usual way of Servants for a term not excéeding seven years § 7. N. 3. With which Tax viz. made by Justices of Liberty or County for stock for the Poor if
Act it shall and may be lawful for the respective Iustices of Peace of the said respective Counties or the major part of them at any General Sessions of the Peace to be holden for the said Counties respectively on the behalf of the said Counties or either of them from time to time as they shall sée occasion to make an Order in open Court of Sessions for charging according to their several proportions all and every the several Inhabitants of the said respective Counties for the safeguard and securing of the said several Counties and Inhabitants thereof from all injury violence spoil and rapine of the Moss-Troopers aforesaid Taxes Provided that the said County of Northumberland be not by force of this Act at any time charged above the Sum of Five hundred pounds in the year § 3. N. 1. nor the said County of Cumberland charged above the Sum of Two hundred pounds in the year Justices And for this end and purpose the said several Iustices of the Peace of the respective Counties aforesaid N 2. are hereby Impowered and Authorized at their General Quarter Sessions aforesaid to appoint and imploy from time to time if occasion require any person or persons to have the Conduct and Command of a certain Number of men not exceeding the number of Thirty men in the County of Northumberland and Twelve in the County of Cumberland whereby the Malefactors aforesaid may be searched out discovered persued apprehended and brought to tryal of the Law Justices And all and every the said Iustices of the Peace of the respective Counties aforesaid or the major part of them N. 3. at any General Sessions of the Peace to be holden for the said Counties or either of them respectively are hereby further Impowered and Authorized by force of this present Act to make and issue forth their respective Warrants under their Hands for the levying and collecting any Sum or Sums of Money ordered to be paid for and towards the safeguard and securing of the said Counties respectively as aforesaid and to give full power to the several Constables and other Officers to Raise Levy and Collect the said money and all and every the Inhabitants of the said several Counties according to their respective proportionable Estates in Lands or Goods by Distress and Sale of Goods rendring the overplus if there be any to the respective Owner or Owners Peace And the said Iustices of Peace in the said several Counties N. 4. or any one of them respectively are hereby also Authorized to Examine any complaint made against the Collectors and Constables or any other Officers or Ministers of Iustice whatsoever or any of them or any other refractory person or persons whatsoever that at any time hereafter shall neglect refufe or fail to give obedience to this Act or shall do any act or acts in disturbance or obstruction thereof and to bind over such person or persons to the next Quarter-Sessions according to the known Laws of the Land to the end such person or persons may be procéeded withal according to Iustice § 4. N. 1. And the said respective Iustices of the Peace as aforesaid Account are hereby further impowered and authorized on behalf of the said several Counties respectively to appoint a Treasurer to receive from the said Collectors the Monies by them Collected and to pay over the same according to the Orders they shall receive from the said Iustices at their General Sessions of the Peace to be holden for the said respective Counties N. 2. And the said Iustices are also impowered to agree and article with such person or persons yearly as they shall think fit to Imploy in the said Service Justices and to take sufficient security of them for the faithful and most effectual performance thereof for the best safeguard advantage and benefit of the People according to the true intent and meaning of this Act. § 5. N. 1. And in case any person or persons shall in pursuance of this Act be imployed in the border Service and shall at any time hereafter wilfully and corruptly War or for any sinister respect whatsoever neglect or forbear to discover or apprehend or to bring to Tryal any of the said persons called Moss-Troopers as aforesaid and shall be Convicted thereof according to Law he or they shall from thenceforth be disabled and made uncapable for ever after to manage or take upon him or them the said Imployment and to suffer such Fine and Imprisonment according to the Quality of his or their Offence as the Iustices of Peace at their General Sessions shall think fit to inflict § 6. N. 1. Provided nevertheless and be it hereby declared Taxes that it shall be lawful for the Iustices of Peace of either of the said Counties as aforesaid respectively at any time hereafter to moderate or lessen the said Charge if they sée cause § 7. N. 1. Provided that this Act shall continue and be in force for Five years Dayes and no longer 18. Car. 2. 3. § 1. N. 2. § 8. N. 1. Provided alwayes and be it further Enacted Scotland c. That for better suppression and punishment of the said Moss-Troopers flying out of England into Scotland or out of Scotland into England the Statutes made in the several Sessions of Parliament in the Fourth and Seventh years of King James viz. 4 Jac. 1. 7 Jac. 1. shall be renewed and put in execution according to the true Intent C. 26 § 6. N. 4. All and every of which said Offences viz. want of weight and mark of Vessels and ill salting and packing of Butter are to be inquired of sued for Victual heard and determined in the Sessions of Peace for the County City Borough Town or Liberty or in the Court of Record of the City Borough Town or Liberty wherein such Offence shall be Committed by Action of Debt Indictment Information or Presentment wherein no Essoin Protection or wager of Law shall be allowed to the Defendant C. 28. § 5. N. 1. And be it further Enacted c. that if any Idle or Suspitious person Fish c. shall in the night assemble and flock together about the Boats Wells or Cellars belonging to any Pilchard Coast upon any the Coasts of Cornwal or Devon having no business there to do and being warned by the Company or Owner of such Boats or Cellars to be gone that then upon complaint made to any one Iustice of the Peace every such person or persons refusing so to do shall pay Five shillings to the Poor of the Parish where such Offence was committed or shall be set in the Stocks for the space of five hours C. 32. § 2. N. 1. For prevention of all which abuses Drapery and deceits viz. in broad Wollen Cloth It is Enacted c. that c. there be and shall be a Corporation to continue forever within
most part of them being present at the Easter Quarter Sessions and only of such Vessels as shall be made or sold out of Cities or Corporate Towns Crompt 93. LXXXII 11 H. 7. 2. § 1. N. 13. And that it shall be Lawful for two of the Justices of the Peace whereof one shall be of the Quorum Justices within their Authority to reject and put away Common-Ale-selling in Towns and Places where they think convenient and to take sureties of the Keepers of Ale-houses of their good behaviour by the discresion of the said Justices and in the same to be advised and agreed at the time of their Sessions supra 41. LXXXIII West Symb. 2. part 96. Sect. 71. Lisence An Indictment for keeping an Ale-house or Tipling-house Juratores pro Dom. Rege sup sacramentum suum presentant quod A. B. de C. in dict Com. Yeoman Essex ss 10 die Mensis Octob. Anno Regni Dom. nostri c. continue multis diebus postea viz. usque XXXI diem dicti Octob. Anno supradict apud C. predict in com predict obstinate atque ex authoritate propria ipsius A. B. fine ulla Justiciariorum pacis dict Dom. Regis in Com. predict admissione aut allocatione assumpsit sup se custodire custodim unam communem tavernam Anglice vocat a common Tipling-house ibidem dicto xx die dictis diebus tunc postea communiter publice vendidit cervicium potum Anglice dictum Ale and Beer diversis dicti dom Regis ligeis subditis in dicti Domini Regis contemptum ac contra formam cujusdam Statut. in Parliamentum Ed. nuper Regis Angliae sexto tentum apud Westminster Anno Regni dicti domini Ed. quinto in hujusmodi casu provisi ac Editi Lamb. Presid 18. b. pl. 50. 5. 6. Ed. 6. cap. 25. Victuals LXXXIV Note that 1 Jac. 9. For restraint of inordinate Haunting and Tipling in Inns Ale-houses and other Victualing-houses was made to continue only to the end of the first Session of the next Parliament but is made perpetual by 21 Jac. 7. § 1. N. 1. And as Mr. Chamberlains last Compleat Justice pag. 9. saith is without doubt perpetually in force notwithstanding it be only continued by 21 Jac. 28. § 1. N. 29. 61. unto the end of the first Sessions of the next Parliament not only because this continuance is only affirmative and so takes not away the force of any former Statute which were sufficient alone notwithstanding 1. Car. 1. cap. 4. which is expresly for further restraint of Tipling and refers to 1 Jac. 9. c. but also because since that Act of 1 Jac. 9. though that be about the same matter as 1 Jac. 9. Yet by 1. Car. 1. cap. 7. § 3. N. 4. The Statute 1 Jac. 9. c. is inclusively continued until some other Act be made touching the continuance or discontinuance of the same by vertue whereof 1 Jac. 9. is also in force to this day for no Act is made touching that matter since Shiriff LXXXV 22. and 23. cor 2. cap. 20. 7 § 9. N. 2. For remedy of abuses by Bayliffs c. It is Enacted that if any Undersheriff Bayliff Serjeant at Mace or other Officer or Minister whatsoever shall at any time hereafter have in his custody any person by vertue or Colour of any Writ Process or other Warrant whatsoever It shall not be Lawful for such Officer to convey or cause the said person to be conveyed to any Tavern Ale-house or other publick Victualling or Drinking-house without the free voluntary consent of the said person so as to charge such Prisoner with any sum of Money for any Wine Beer or Ale Victualling Tobacco or any other things whatsoever but what the said person shall call for of his own accord 2. Hereupon Mr. Chamberlain in his compleat Justice page 9 10. well infers that Ale-houses of Bayliffs Serjeants c. are very mischevous and to be considered of and Dalt 31. saith such are not fit to be Licensed Supra 60. Measures LXXXVI West Symb. 2. part 137. Sect. 238. An Indictment of Selling Ale in Kilderkins 23 H. 8. 4. § 4. N. 1. Bucks ss Juratores pro dom Rege super sacramentum suum presentant quod I. R. de C. in Com. B. predict ' Pandoxator A. L. de eadem C. predict ' Beer Seller sunt Communes Pandoxatores in C. predict ' 10 die c. Anno Regni c. ac diversis aliis diebus ac viribus tam antea quam postea vendiderunt Cervisium Cervisiam per diversa vasa illicita vocat Kilderkins tam magna quam parva contra formam Statutorum inde edita ad grave dampnum populi Domini Regis c. LXXXVII West Symb. 2. part 96. Sect. 71. An Indictment for keeping an Ale-house or Victualling-house against 5 and 6 Ed. 6. 25. § N. Essex ss Juratores pro dom Rege super sacramentum suum presentant quod A. B. de C. in dicto com E. Yeoman 20 die Mensis Octob. Anno Regni dom nostri c. continue multis diebus postea viz. usque ad primum diem dicti Mensis Octob. Anno supradict ' apud C. predict ' in Com' predict ' obstinate atque ex autoritate propria ipsius A. B. sine ulla Justiciariorum pacis dicti Dom ' Regis in Comitatu predict admissione aut allocatione assumpsit super se Custodire Custodivit unam communem Tabernam Anglia vocat a common Tipling-house ibidem dicto 20 die dictis diebus tunc postea communiter publice vendidit Cervisium Potum Anglice dict Ale and Beer diversis dicti Dom ' Regis ligeis subditis in dicti Dom ' Regis contempt ' contra formam cujusd ' Statut ' in Parl ' Dom ' Ed ' nuper Regis Angliae 6. tent ' apud Westm ' in Com. Middlesex Anno Regni dicti Dom ' Regis Ed ' quinto in hujusmodi casu provisi edit Lamb. preced ' 18. pl. 50. â—â—mâ—s LXXXVIII West Symb. 2 p. 109. b. Sect. 121. Indictment against a Tipler on 33 H. 8. 9. § 11. N. 1. for keeping a Bowling-alley c. Lamb. Precedents 18. b. pl. 51. Juratores pro Dom. Rege super sacramentum suum presentant quod A. B. de C. in Com' E. predict ' Tipler 2 die Septemb ' Anno Essex c. continne post dictum diem Anno supradict ' usque primum diem Mensis Octob. Anno supradict apud C. predict in Com. E. predict ' quendam communem locum jaciendi Glebos Anglice vocat a common Bowling-alley prolucro ipsius A. B. proprio ad ludendum tunc ibidem cum Globis Anglice vocat ' Bowls illicite tenuit Custodivit ac manutenuit contra formam cujusd ' Statut ' in Parl ' Dom. Henrici nuper Regis Angliae 8. Anno Regni sue 33. in hujusmodi casu provisi
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
their general Quarter-Sessions Imprisonment CCCCLVII Lambert 602. The Justices of Peace or the more part of them may at any Quarter-Session give order for the erecting of Houses of Correction and for stocks of Mony and all other things necessary for the same or for the Government thereof and they may Banish or condemn to the Gallies such Rogues as shall appear to be dangerous 39 Eliz. 4. § N. and may brand them in the left Shoulder with a hot Burning Iron with a great Roman R. thereon 1 Jac. 7. CCCCLVIII Lambert 603. The Assignment and revocation of the Pensions for disabled Souldiers and Mariners Sessions must be made by the more part of the Justices of the Peace at the Quarter Sessions and they may there set fine upon the Treasurer that shall willingly refuse to pay any of the same Pensions 43 Eliz. 3. Crompt 94. CCCCLIX Lambert 369. If there be no nomination of Overseers of the Poor yearly according to the Statute Overseers 43 Eliz. 2. § N. Every Justice of Peace dwelling within the division shall forfeit to the Poor 5 l. CCCCLX Lambert 558. Clergy is taken from the dangerous Rogue Clergy that after he hath been Branded with a Roman R. and placed in labor shall be taken Begging again 1 Jac. 7. CCCCLXI Crompt 97. Every Authority given or to be given by any Baron of the Realm or by any of higher degree Games to Players of Enterludes shall be void and they shall be in the degree of Rogues ordained by a Statute 39 Eliz. 4. 1 Jac. 7. § N. CCCCLXII Crompt 97. And Glassmen Trades who go about the Country and sell Glasses shall be taken and punisht as Rogues 1 Jac. 7. § 3. N. 1. 39 Eliz. 4. § 15. N. 2. CCCCLXIII Crompt 97. Dangerous Rogues shall be in open Sessions of the Peace burned in the left Shoulder with a hot burning Iron Pain of the bredth of an English Shilling with a great Roman R. upon the Iron and to be so throughly burned upon the Skin and Flesh that the said Letter be seen and remain for a perpetual marke during his life and thereupon to be sent by the said Justices to the place where he abode if he hath any and if he hath none then to the place where he last abode by the space of a year if it can be known by his confession or otherwise and if that cannot be known then to the place where he was born to be placed in labor as a true Subject ought to be and after such punishment if any such Rogue so punisht offends in Begging or wandring against 39 Eliz. 4. or against the said Statute 1 Jac. 7. he shall be adjudged a Felon and shall suffer as a Felon and shall be tryed in the County where any such offender shall be taken and shall lose Clergy CCCCLXIV Crompt 97. Every one after two Months next after the end of this present Session of Parliament Beggers shall take or cause to be taken such Rogues Vagabonds and sturdy Beggers who come to their Houses to Beg Gather or receive any Alms and carry him or cause him to be carried to the next Constable or Tythingman on pain of forfeiture for every default 10 s. to be levyed and imployed as is limited by the said Statute 39 Eliz. 4. And for default to be levyed and imployed by the Lord of the Leet or his Officer where such offence is committed as the said persons authorized by the said Statute may have levy and imploy the same 1 Jac. 7. CCCCLXV Crompt 97. a. b. If the said Constable and Tythingman Constable do not cause such Rogue c. to be punisht according to the said Statute 39 Eliz. 4. and to be conveyed according to the purport of the said Statute he shall forfeit 20 s. for every such default to be levyed and imployed as by the said Statute is limited 1 Jac. 7. to continue to the end of the next Parliament not to prejudice John Dutton c. CCCCLXVI Crompt 97. b. See 39 Eliz. 4. touching Rogues Continuance Vagabonds who shall be said so c. and divers matters concerning them and how he shall be punisht continued until the end of the first Session of the next Parliament and then 43 Eliz. 2. § N. continued until the end of the first Session of the next Parliament which was 1 Jac. 7. whereby it was ordained that 39 Eliz. 4. should remain in force as long as 1 Jac. 7 § 8. N. 1. continued in its force 21 Jac. 28. § 1. N. 37. 61. Taxes CCCCLXVII Crompt 97. b. All Statutes concerning the punishment of Rogues made before 39 Eliz. 4. are thereby repealed but by 1 Jac. 7. § 8. N. 1. the Statute 14 Eliz. 5. concerning Rogues c. is revived and to stand in force until the end of the first Session of the next Parliament as to rating taxing levying receiving and imploying of Goal mony 21 Jac. 28. § 1. N. 13. 61. Justices CCCCLXVIII Dalt J. P. cap. 40. pa. 91. Any one of those Justices who may appoint Overseers for the Poor may also send to the House of Correction or common Goal such as will not imploy themselves in work being thereunto appointed by the Overseers according to the Statute 21 Jac. 28. Justices CCCCLXIX Dalt 40. pag. 91. Two or more Justices of Peace whereof one to be of the Quorum dwelling in or near the Parish or division c. shall yearly within one month after Easter under their hands and Seals appoint four three or two substantial Householders in every Parish to be Overseers of the Poor within the same Parish who shall joyn with the Church-wardens therein 21 Jac. 28. Account CCCCLXX Dalt 356. cap. 141. A warrant for Overseers to give up their accounts Infrà 481. To the High-Constables of the Hundred of c. Kent ss These are in His Majesties Name to charge and command you forthwith to give warning to the Church-wardens and other the Overseers of the Poor of every Parish within your Hundred that they do personally appear before us at N. at the sign of c. there upon Tuesday the _____ Day of _____ next coming by nine of the clock in the forenoon of the same day to yield up and to make a true and perfect account in writing subscribed with their names or Marks of all such summs of mony as they have received or rated and sessed and not received for and towards the relief of the Poor of their several Parishes and also of such stock to set their Poor on work as is in their hands or in the hands of any their said Poor to work and of all other things concerning their said office and hereof that they fail not at their and every of their perils Dalt 90. 94. cap. 40. and further we require you that you give warning to the pety Constables of every Town within your said Hundred that
Aedes Christi in Academia Oxoniensi WE do Allow the Printing and Publishing of this Book Intituled An Assistance to Justices of the Peace for the Easier Performance of their Duty By Jos Keble of Grays Inn Esq Fr. Pemberton Fra. North. W. Mountagu Hugh Wyndham Tho. Jones W. Dolbin Tho. Raymond Edw. Atkins VV. Gregory J. Charlton Creswell Levinz T. Street AN ASSISTANCE TO Justices of the Peace FOR THE EASIER PERFORMANCE OF THEIR DUTY By JOS. KEBLE of Grays Inn Esq LONDON Printed by W. Rawlins S. Roycroft and H. Sawbridge Assigns of Richard and Edward Atkins Esq For Samuel Keble at the Turks Head over against Fetter Lane End in Fleet-street MDCLXXXIII TO THE READER Reader GOOD and Lawfull men was the Character of those first assigned to Keep the Peace in every County 1 Ed. 3. c. 16. and by 4 Ed. 3. c. 2. § 1. N. 3. And to this day that Phrase doth most properly shew the Intendment of this Commission was either to find or to make men such for before this time Sheriffs and Leets and other particular Franchices had so divided this Jurisdiction that it is a hard Question Whether it were more difficult to procure a Beneficial Law of Publick Good to be made or to be put in Execution neither of which could then be done without much Self-denyal wherefore they who say the former days were better than these have doubtless not rightly considered this matter for as uncertain as our Laws yet seem to be I have not yet read of any more certain tho I have used some endeavours of Comparison Chiefly with the Roman Civil Laws whereof in such as are of General Reason different from ours as in Villinage Bastardy Discents Tenures Customes Aprentices Judicatures Marriage Stews and many other particulars they are our Legislators have ever preferred the Reason of our own Laws before them and indeed they are in the main point of Government rather Flatterers of Power than Maintainers of Justice Whereas ours have ever been Intent upon Publick Good as appears in many particular Laws for the due preservation of the Peace the Management and Care whereof is placed in such men in every County that may be able to hinder the Oppressions of the Great and the Insurrections and Disturbances of the Poor almost Habitually practised before this Statute for whose Service I have endeavoured this present Assistance Wherein First are placed such Clauses of the last Edition of the Statutes in Paragraphs or Sections and Numbers that give to the Justices any express power to Act some of which alone are only mentioned in the end of Lambert and the last Edition of Dalton but here fully So that the Justice need only look the Statute Book to see whether it be in Force or not But the nature and limits of his Power appears in each Clause and is generally pointed to in a Marginal Note of the Matter whereby Justices may soon discern the Circumspection of their Duty and what it is that is required of them with the manner of it After which Foundation laid it will be necessary 2. To consider the Nature and Extent of their Commission wherein there will some difficulties arise as well from the Commands of Superiours as from the Irregular Motions of Inferiours and therefore for the better understanding of this Commission in tit Justices I have divided that also by Paragraphs or Sections and Numbers for easier Intendment of or reference to any part of it the due consideration whereof will something facilitate the work whether in Sessions or out of Sessions And Thirdly that doubts about particular matters may at least be lessened if not resolved I have added such Heads of Common Place as seemed convenient wherein the former Treatices about Justices of Peace are mostly reduced to the proper Authors or at least the Statutes they mention only in General are more particularly Cited whereby any Justice of Peace may by help of a Statute Book be able to make a much readier Judgment than before and he that desires fuller satisfaction must take more pains to search the Tables Abridgements and other Books of Law not so fit here to be inserted for I have only aimed at what more immediately refers to Keeping of the Peace not at the particular nature and Extent of the Head or Common Place it self and in each Citation Clause and Reference I have added in the Margent a Notice or Head of the matter thereof and this being but as a Table or Common Place it self I think needs no other Table to it And therefore in the Fourth Place I have only made a Recapitulation or Recital of the lesser and larger Heads as they refer each to other or rather as they may be referred each to other And in the last place I have acquainted you with the manner of my Quotations which are thus Lambt Lamberts Irenarcha Crompt J. P. Crompton's Justice of Peace Crompt J. Cromptons Jurisdiction Dalt Daltons Office of Justice Edit 1630. Boult Boultons Justice of Peace of Ireland Lambt Precedts Lamberts Precedents Lambt Const Lamberts Office and Duty of a Constable The Laws c. The Laws c. against Jesuits Recusants c. By Mr. Cawley Abr. The Abridgement thereof placito 1. Pract. Preced The practick part of the Office of a Justice Anonym Kilb. Kilbourns Precedents West Symb. Wests Symboleography or Precedents Poult Poulton de Pace Regis Regni Stanff Stanffords Pleas of the Crown In the rest there will not be much difficulty and therefore I thus leave it to your Perusal and Censure Grays Inn Nov. 15. 1682. Jos Keble A TABLE FOR THE Ready finding the PRESIDENTS contained in Keble's Justice of Peace * Note that such Presidents as are not under their proper Heads may be found under the Titles Indictments Warrants and Mittimus Alehouse-keepers REcognizance for keeping good rule in Alehouses c. Page 151 152 License to sell Ale Page 159 to keep an Alehouse Page 160 to Brew and keep an Alehouse Page 160 Warrant to Convent all Victuallers c. to put in Sureties for observing Fish-days ibid. for Alehouse-keepers to renew their Recognizances Page 161 for the suppressing an Alehouse ibid. to levy money forfeited by Alehouse-haunters ib. to levy the Forfeiture for not selling a Quart of the best Beer for a penny Page 162 for one who keepeth an Alehouse without License ibid. for an Inn-keeper c. selling under measure ib. to levy the Forfeiture for not paying the Excise Page 683 Mittimus to send to the Gaol an Alehouse-keeper who Victuall contrary to Commandment Page 162 Warrant to levy the penalty for being Drunk Page 163 Indictment for keeping an Alehouse c. Page 163 for selling Ale in Kilderkins Page 164 for keeping an Alehouse or Victualling-house Page 164 against a Tipler on 33 Hen. 8. 9. for keeping a Bowling-Alley Page 165 of Misrule Page 165 of Disorders ibid. for keeping a disorderly Alehouse ibid. against a common Drunkard ibid. Apprentices Servants Labourers
in such behalf shall and may at all times hereafter assesse tax extract return levy claim have and enjoy all manner such Issues Fines Amerciaments Forfeitures and other penalties and every of them to all such uses and purposes and in like manner and form in every behalf as they or any of them have lawfully used to do and have or might have done and had at any time before the making of this present Act by vertue of any Grant to them or any of them heretofore made or granted or otherwise by vertue of any Custom or lawful Vsage thereof heretofore used in every behalf this Act or any therein contained to the contrary notwithstanding § 21. N. 1. 34 35 H. 8. C. 1. § 3. N. 4. This Act to continue to the latter end of the next Parliament Days And Viz. if any Printer c. or any Person Books c. be of any the Offences aforesaid viz. printing uttering or using Books or Religion in Interludes Prohibited c. Convicted by sufficient Witness before any two of the Kings Council or the Ordinary of the Diocess where any such offence shall be committed and two Iustices of the Peace of the same Shire where any such Ordinary shall sit within his Diocess for that purpose c. § 3. N. 5. Shall have for the first time Imprisonment Forfeiture c. for three months and also lose c. 10 l. c. § 19. N. 1. And be it further Enacted That if any Spiritual Person c. Preach Religion Teach Defend and Maintain any Matter c. Contrary to the godly Instructions or determinations which since viz. 1540. is or shall be set forth by his Majesty c. being thereof convicted before the Ordinary of that Diocess within the which the said offence shall be committed and two Iustices of the Peace c. shall before the first time be admitted to recant c. § 25. N. 2. And in case any such Iustices being so required Justices c. viz. by the Ordinary on notice of time and place of sitting c. having convenient and reasonable warning and knowledge in writing from the said Ordinary c. do not come to such place and at such time as shall be so appointed having no lawful and just Impediment to the contrary shall forfeit and lose to the Kings Highness for every such Offence 40 s. to be Estreated c. C. 3. § 1. N. 11. And the said Offender viz. in false measure of Coals Talwood Measures Faggots or Billets c. out of the said City Borough or Town to be punished by the discretion of two Iustices of Peace inhabiting within the Shire where the Offence shall be committed or done C. 14. § 2. N. 1. In Consideration whereof Records Viz. of the Incertainty where to have Records of Justices of Peace Goal-delivery Oyer and Terminer c. Be it Enacted c. that the Clerk of the Crown Clerks of Peace and Clerks of Assize c. where any such Attainder Outlary or Conviction viz. of Murder Robbery or other Felony c. shall so be had shall c. not only certify a Transcript c. before the King c. in his Bench at Westminster in the County of Midlesex there to remain of Record forever c. but also shall deliver a Transcript of every such Indictment whereupon the said person c shall fortune hereafter so to be convicted or Clerks attainted to the Ordinary to whom the body of the said person c. shall be committed § 4. N. 1. And be it Enacted Certificate c. that the said Clerk of the Crown in the Kings Bench c. shall at all such times as the Iustices of Goal-delivery or Iustices of Peace in every County within this Realm of England do write unto him for the names of such persons which be so attainted by Outlawry or Clerks attainted or convict and certified in the said Bench of our said Soveraign Lord the King shall incontinently without delay certify the said Names and Sirnames of the said persons with the Causes why and wherefore they were convict or attainted unto the Iustices of Goal-delivery or Iustices of Peace upon the pain c. to forfeit for every Name of such persons which shall be so written for and not certified by the said Clerk of the Crown in the Kings Bench to the said Iustices forty shillings 35 H. 8. Cap. 5. § 1. N. 6 Or viz. none to be arraigned for Offence against 31 H 8. Cap. 14. § 9. Religion N. 2. c. but on Presentment c. before the Iustices of Peace sitting in their Sessions or three of them at the least C. 17. § 7. N. 2. And if the Lord viz. that would inclose Wood of Common Woods c. and the said Tenants and Inhabitants or the most part of them cannot will not or do not assent consent and agree for and upon the severing dividing setting out meeting and bounding of the said fourth part of the said Woods and Vnder-woods Viz. to be left out c. or of as much thereof as shall amount to the full fourth part thereof that then two Iustices of the Peace not being of the Kin Allyance Council or Fee of or to the said Lord or Owner being thereto appointed by the more number of the Iustices of Peace of the Shire where the said Ground or Soyl lyeth in their open Quarter Sessions upon Request and Suit made unto them by the Lord or Owner or by his or their lawful Depuy or Deputies of the said Woods Vnder-woods Grounds or Soyl shall have full Power and Authority to call before them upon such Pains and Penalties as the said Iustices shall limit and appoint such twelve of the said Commons and Inhabitants nigh unto the same Woods or Vnder-woods as by the discretion of the said two Iustices shall be thought meet and convenient Common And upon or after the appearante of the same Lords Owners § 7. N. 3. Commons and Inhabitants or the most part of them the same Iustices shall open and declare unto the same Lord Owner Commons and Inhabitants the Cause of their Assembly and Appearance and that done shall by the Advise and Assent of the said Lord Owner Commons and Inhabitants or their lawful Deputy or Deputies or the most part of them effectually proceed to the severing dividing meeting and bounding of the said fourth part of the said Woods and Vnder-Woods or of so much thereof as shall amount to the fourth part thereof Justices And if the same Iustices Owners § 7. N. 4. Commons and Inhabitants or the most part of them cannot or will not agree upon the Division c. that then the said Iustices shall have full Power and Authority by this Act to sever divide and set out by meets and bounds the fourth part of the said Woods and Vnder-woods or so
ure and do any of the things aforesaid having any manner of ways knowledge of the let so made or by any means procuring the same let incur and be in danger and suffer like Pain or Pains and Forfeitures aforesaid in every their degrees as though the Proclamation had been made any Clause Article or Sentence heretofore in this Act encluded made to the contrary notwithstanding § 17. N. 1. Provided always and be it Enacted by the Authority aforesaid Heir that all and every the Heir and Heirs of all and every the Offender and Offenders in any the Cases aforesaid and all and every person and persons Bodies Politick and Corporate their Heirs Successors and Executors and every of them other than such person and persons only as shall be attainted convicted or outlawed of any the aforesaid Offences of Felony shall have hold and enjoy all such Right Title Entry Interest Leases Possession Rents Conditions Profits Commodities and Advantages as they or any of them have or hereafter shall have or of right ought to have in or to any Honors Castles Mannors Lands Tenements Woods Rents Reversions Services or Hereditaments whatsoever in or to any part or parcel thereof in as large and ample manner and form to all Intents Constructions and Purposes as if such Attainder had been had ne made any thing in this Act to the contrary in any wise notwithstanding § 21. N. 1. And be it further Enacted by the said Authority War that no Lieutenant or Lieutenants that shall be appointed or made by Authority or Colour of this Act or for to execute this Act shall in any wise make put or constitute under him or them or in his or their place any Deputy or Deputies nor shall call convent or appoint to appear before him or them by the only Authority of Lieutenancy or of Commission of Lieutenancy any person or persons for any Cause or Matter whatsoever save only for the Causes and Matters expressed in this present Act and for none other § 22. N. 1. And that no person or persons shall be put to any Loss Forfeiture Accessary Pain or Punishment of Life Lands or Goods as Accessary to any person or persons that shall commit any of the Offences contained in this present Act for receiving comforting or aiding of any such Offender after such Act committed or done § 22. N. 2. And that no Attainder or Conviction of any person or persons Heir for any Offence or Offences herein contained shall be any manner of Corruption of Blood between the Offender and any of his Ancesters or such person and persons as should have been Heir to such Offender if no such Attainder or Conviction had been had § 22. N. 3. Saving to all and every Person and Persons Franchise Body and Bodies Politick and Corporate and their Successors their Liberties and Franchises in such manner and form as if this Act had never been had ne made § 23. N. 1. And be it further Enacted by the said Authority that one Act viz. 3 4 Ed. 6. 5. c. and all and every Branch Clause Sentence and Article therein contained shall be from the twentieth day of December next coming utterly void and of no force to all Intents Constructions and Purposes § 23. N. 2. And this Act only to be put in Execution for and concerning the Offences mentioned in the said former Act viz. 3 4 Ed. 6. 5. § 23. N. 3. This Act to continue unto the end of the next Parliament 1 Mar. 1. Days St. 2. Cap. 12. 1 Eliz. 16. Statuta Ph. Mar. Riot BE it therefore Enacted c. viz. because good and beneficial that all 1 Mar. 1. St. 3. C. 12. § 12. 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 2 Phil. Mar. Cap. 16. § 1. N. 15 Slander And be it also Enacted c. that all Iustices of Over and Terminer 1 2 Ph. Mar. Cap. 3. § 7. N. 1. c. Iustices of Assize c. Iustices of Goal-delivery and Iustices of Peace as well within the Liberties as without within the limits of their several Commissions in their several Sessions or other Sessions which they or two of them whereof one of them to be of the Quorum may and shall appoint at their pleasure where and when need shall require and shall by vertue hereof have full Power c. to inquire hear and determin all and every the Offences c. viz. of false News aforesaid as in Cases of Tryal of Felony Corn. And for the better Execution of this Act C. 5. § 6. N. 1. viz. against Transporting Wheat Barly Rye or other Corn Mault Beer Butter Cheese Herring Victual or Wood c. be it further Enacted c. that all and singular Iustices of the Peace as well within the Liberties as without within their several Authorities and Commissions at any time within three years next after such Offences committed shall have full Power and Authority to inquire as well by the Oaths of twelve lawful men as also to hear and examin the Master Masters and Mariners of the said Ships Crayers and other Vessells and all and every other person and persons of all and singular the Offenders against this present Act and to hear and determin the same Offences as they may and ought to hear and determin any other Trespasses or Offences Bail Where in the Parliament c. viz. 3 H. 7. Cap. 3. § 1 N 3. Cap. 13. it was amongst other things Ordained and Enacted that no Prisoner arrested for Felony should be letten to Bail or Mainprize by any one Iustice of Peace but by the whole Iustices or at least by two of them whereof one to be of the Quorum Justices Since the making of which Statute viz. 3 H. 7. Cap. 3. § 1. N. 3. § 1. N. 2. one Iustice of Peace in the name of himself and one other of the Iustices his Companion not making the said Iustice party nor privy unto the Case wherefore the Prisoner should be Bailed hath often times by sinister labor and means set at large the greatest and notablest Offenders such as be not replevisiable by the Laws of this Realm Certificate And yet the rather to hide their Affections in that behalf § 1. N. 3. have signified the Cause of their Apprehension to be but only for Suspition of Felony whereby the said Offenders have escaped unpunished and do daily to the high displeasure of Almighty God the great peril of the King and Queens true Subjects and encouragement of all Theives and Evil-Doers Joynder For Reformation whereof § 2. N. 1. be it Ordained and Enacted by the King and Queens Majesties the Lords Spiritual
special matter in Evidence N. 2. And if the Verdict be found for him or the Plaintiff become Non-suited Damages shall recover his Damages and double Costs of Suit for his unjust vexation in that behalf C. 3. § 3. N. 1. Be it further Enacted that every Sheriff shall on the first day of every General Quarter-Sessions yearly held next after the Feast of Easter Inquest deliver and cause to be delivered unto the Iustices of Peace sitting at the same Sessions the names of all Persons of such Estates viz. xx l. per Annum in England and viij l. per Annum in Wales as are by the true meaning of this Act to be Returned for Iury-men to the end the Estates of such Persons may be enquired after and such Persons approved by the said Iustices of Peace or the greater number of them then present to be Persons of such Estates to be retornable for Iury-men for the year then next ensuing N. 2. And the said Iustices shall have power to add such Persons having Estates of the respective values before mentioned Justices as they shall find to be omitted by the Sheriff amongst the Names by him delivered and such a Competent number and no more of such Persons as aforesaid shall be retornable to serve of Iuries for the year next Ensuing as the said Iustices or the greater number of them as aforesaid shall think fit Statuta 17 Car. 2. Religion VIz. Non-Conformist Parson not to come within five miles of City 17 Car. 2. 2. § 3. N. 4. Town Corporate or Borough that sends Burgesses to Parliament or of place where he was Vicar or Preacher c. before he or they have taken and subscribed the Oath aforesaid viz. against taking Arms against the Kings Commissioner before the Iustices of the Peace at their Quarter-Sessions to be holden for the County Riding or Division next unto the Corporation City or Borough Parish Place or Town in open Court which said Oath the said Iustices are hereby Impowred there to Administer Forfeiture Vpon Forfeiture c. of xl l. c. one third c. to the King N. 5. c. the other third c. to the use of the Poor c. and the other third c. to such c. as shall or will sue for the same c. before any Iustices of Peace in their Quarter-Sessions c. Imprisonment Provided also and be it further Enacted § 5. N. 1. c. That it shall be Lawful for any two Iustices of the Peace of the respective County upon Oath to them of any Offence against this Act which Oath they are hereby Impowered to Administer to Commit the Offender for six months without Bail or Mainprise unless upon or before such Commitment he shall before the said Iustices of the Peace swear and subscribe the aforesaid Oath and Declarations viz. of Conformity and against taking Arms c. Statuta 18 Car. 2. Cattle VIz. any Constable c. may seize Cattle alive or dead fat or lean Imported 18 Car. 2. 2. § 1 N. 4. c. and kéep the same during the space of Eight and Forty hours in some publick or convenient place where such seisure shall be made within which time if the owner c. or any for them c. shall make it appear unto some Iustice of the Peace of the same County where the same shall be so seised by the Oath of two credible Witnesses which Oath the said Iustice of Peace is hereby Impowered and required to Administer that the same were not Imported from Ireland or from any other place beyond the Seas not herein after excepted after the said second day of February then the same upon the Warrant of such Iustice of the Peace shall be delivered without delay 20 Car. 2. 7. § 5. N. 3. Scotland Be it therefore Enacted c. That the said Act C. 3. § 1. N. 2. viz. 13 14 Car. 2. 22. and every Clause c. therein contained and all and every the Powers and Authorities thereby given be continue and remain in force until the end of seven years from the Expiration or Determination of the forementioned Act 29 30 Car. 2. 2. Clergy And be it further Enacted § 2. N. 1. c. That the benefit of Clergy shall be taken away from great known and notorious Thieves and Spoil-takers in the said Counties of Northumberland Cumberland or either of them during the continuance of this present Act who shall be duly Convicted for theft done or committed within the said Counties or either of them Ouster le nere Or otherwise That it shall and may be lawful to and for the Iustices of the Assize and Commissioners of Oyer and Terminer or Goal Delivery N. ◠before whom such Offenders shall be Convicted within the said Counties or either of them to Transport or cause to be Transported the said Offenders and every of them into any of his Majesties Dominions in America there to remain and not to return c. C. 4. § 1. N. 3. None to be Buried but in Woollen only Drapery c. upon pain of the Forfeiture of the Sum of Five pounds c. to be levied by the Church-wardens and Overseers of the Poor c. by Warrant from any Iustice of the Peace or Mayor Alderman or Head Officer of such City Town or place Corporate respectively within their several Limits by Distress and Sale of the Goods of the Party Interred contrary to this Act c. or in default thereof by Distress and Sale of the Goods of any that had a hand in the putting such Person into such Shift Shirt Shéet or Coffin contrary to this Act or did order or dispose the doing thereof Statuta 19 Car. 2. 19 Car. 2. 3. § 3. N. 2. ANd if any c. shall presume to build Contrary London c. viz. against the rules for Rebuilding the City of London and be Convicted of the same by the Oaths of two or more Credible Witnesses to be taken before the Lord Mayor for the time being or any two or more of the Iustices of the Peace for the said City who are hereby Impowered to Administer the same Oaths that then and in such Case the said House so irregularly built c. shall be déemed as a Common Nusance C. 4. § 1. N. 2. For remedy c. be it Enacted Poor c. That the Iustices of the Peace of the respective Counties viz. where Poor Prisoners have no Work c. at any their General Sessions or the major part of them then there Assembled if they shall find it needful so to do may provide a stock of such Materials as they find convenient for the setting Poor Prisoners on work in such manner and by such wayes as other County Charges by the Laws and Statutes of the Realm are and may be levied and raised and
serve in any of those Arts have refused to serve 5 Eliz. 4. § 35. N. 1. Husbandry XV. Lamb. 466. ibid. If any person being between the Age of twelve and therefore being Compellable to serve in husbandry have refused to serve in husbandry 5 Eliz. 4. § 7. N. 14. Fees XVI Lamb. 466. ibid. And if any person have given any Wages contrary to the Rates of Wages of Servants and Labourres appointed and proclaimed 5 Eliz. 4. § 18. N. 1. Husbandry XVII 466. If any person retained in husbandry or any the said Arts have after his retainer expired departed out of one Limit Town or Parish into another without a Testimonial and if any person have accepted into his Service any so departing without shewing such Testimonials 5. Eliz. 4. § 10. N. 5. Notice XVIII Lamb. 466. If any any person have put away his Servant before the end of his Term without reasonable and allowed cause before a Justice of the Peace Or at the End of his Term without a Quarters warning before-given and if any Servant departeth without such cause before the end of the Term or at the end thereof without such Warning given before two Lawful Witnesses 5 Eliz. 4. § 8. N. 1. XIX Lamb. 467. If any Artificer or Labourer hired by the day or week have not continued at his work so many hours in the day as he might or taking any work by the Great have unlawfully departed before the Finishing thereof 5 Eliz. 4 § 13. N. 1. XX. Lamb. 467. If any Servant Workman or Labourer Labourers have wilfully and maliciously made any Assault or Affray upon his Master or Dame or other persons having the Charge of such Workers or Works 5 Eliz. 4. § 35. N. 1. XXI Lamb. 467. If any Constable or head Officer Peace have not upon complaint put into the Stocks two days and one night every Artificer or Person meet to Labour that hath refused to Labour in Hay-time or Harvest for the getting or carrying of Corn Hay or Grain being thereunto appointed by a Justice of Peace or such Constable or head Officer 5 Eliz. 4. § 22. N. 1. XXII Lamb. 467. Constable If any person have taken any Apprentice against the Order of the Law And if any person have exercised any Art not being brought up therein as an Apprentice Seven years 5 Eliz. 4. § 31. N. 1. XXIII Lamb. 4. cap 6. pag. 504. Trades So may the Justices hear and determine by Information Action of Debt or Bill of offences against the Statute of Labourers 5 Eliz. 4. § 39. N. 2. Crompt 127. 184. infra XXIV Lamb. 4. cap. 8. pag. 517. So if a Servant depart into another Shire the Justice of Peace of that Shire where the departure was Informations may grant Writs of capias to the Sheriff of that other Shire where the Servant is returnable before themselves 5 Eliz. 4. § 47 N. 1. Crompt 149. b. 109. b. infra Process XXV Lamb. 571. 572. No doubt but 51 H 3. Stat. 5. page 11. de scaccario this Ordinance doth extend to the Justice of Peace as a man may easily gather by Words in the Statute for Lobourers 5 Eliz. 4. § 39. N. 3. Crompt 166. XXVI Lamb. 593. I think it cleerly proved that before 5 Eliz. 4. § 39. Issues the Quarter Sessions ought to be directed by the Statute 2 H. 5. 4. § 2. N. 2. Crompt 125. § 24. Infra XXVII Lamb. 594. Upon this Statute 5 Eliz. Justices some have thought that 2 H. 5. 4. § 2. N. 2. is repealed concerning the Branch of the Sessions and others do think the contrary and prove it by 5 Eliz. 4. § 15. N. 1. which cannot be understood of any other Statutes conserning the Sessions but only of 2 H. 54. § 2. N. 2. c. XXVIII Lamb. 4. cap. 19. pag. 601. Justices The Proof of the Sufficiency or insufficiency of the Cause for which the Master may put away his Servant or the Servant may depart from his master before the end of the Term shall be made at the Quarter Sessions 5 Eliz. 4. § 35. N. 4. XXIX Lamb. 4. cap. 21. pag. 620. Proof If any Justice of Peace not being Sick nor having other Lawful excuse to be restified under the Oath of one assessed in the Subsidy Book at 5 pounds c. do not assemble at the Easter Sessions to rate the Wages of Servants c. he shall lose ten pounds to the King 5 Eliz. 4. § 17. N. 1. XXX Lamb. 4. cap. 19. pag. 609. Justices The Wages of Servants and Labourers are to be rated by the Justice of Peace at the Easter Quarter-Sessions or within six weeks after Easter where those Sessions be usually holden in one place for the Shire by all Justices together but where they are not so usually holden but in several places for several divisions there the Justices of Peace or the most part of them resident within such division shall at the same Quarter-Sessions or at the time of Easter Sessions as is aforesaid Rate and Ingross in Parchment under their Hands and Seals the Wages for Labourers c. within that Division and the Sheriff shall proclaim the same in places convenient therefore 5 Eliz. 4. § 15. N. 1. Cromp. 124. § 24. Infra Poor XXXI Crompt J. P. 7. b. § 17. Note that there is a Statute made 5 Eliz. concerning Workmen Artificers Labourers Apprentices and Servants and another made 14 Eliz. 5. of Vagabonds of which Statutes the Justices have power thereby to inquire and to punish them according to the Form of the said Statutes by which all other Statutes concerning them are of little effect at this day if it be not in certain special points Coron XXXII Crompt 49. b. Article of inquiry at Sessions of those Servants that are past the age of 18 years and are not Apprentice to whom any Caskets Jewels Goods or Chattels are delivered by their Masters accord and run away with them or any part of them to the intent to steal or defraud their Masters or Mistresses of them or be in service with their Master Imbezil the said Caskets Goods or Chattels without assent or command of their Master or convert them to their own use with like purpose and intent to Steal them which Goods are of the value of 40 s or more this is Felony 21 H. 8. 7. and 5 Eliz. 10. Fitz. J. P. 119. Infra 66. Trades XXXIII Crompt 82. b. 83. item Sessions shall inquire whether any Use or Exercise any Mistery Art or Manual Occupation Used or Occupied 5 Eliz. within this Realm who hath not been Educated therein seven years at least as an Apprentice or put any to Work therein who is not a Workman unless he be an Apprentice or hath served as an Apprentice or shall be a Journeyman a year on payment of 40 s for every month 5 Eliz. 4. § 31. N. 1. Lamb. 454.
coronam dignitatem suas LXXX Shepherds Clerks Cabinet 81. cap. 16. A Warrant for the making of a new Constable To our Loving Friend A. B. of D. Yeoman These are to require you to make your repair to us or to some other Justice of the Peace of this County to take the Oath of a Constable to serve within your Town of D. you being chosen and ordered by the Leet of your Town to undertake the same Office 2. Or this Whereas A. B. of your Town the now Constable thereof is by reason of his Age and Impotence very unable and insufficient to execute the said Place These are to require you whose Names are under-written to be before me at my House at W. in the same County to morrow by eight of the clock in the morning that I may make choice of one of you to be sworn to undertake the same Office 3. It is not approvable to make Constables by one Justice of Peace but in case of necessity only when a Constable dieth and it is long to the Quarter-Sessions or Leet or the Courts where these Officers are usually made Indictment LXXXI Pract. Preced 108. An Indictment for not watching with a Constable Midd. ss Juratores pro Domino Rege super sacramentum suum presentant quod B. M. nuper de parochia Sancti Andr. Holborn in Com' Midd. Gen ' quarto die Febr. Anno regni c. diu antea fuit Inhabitan ' paroch ' predict ' in Com' predict ' quodque idem B. M. ad tunc scil dicto quarto die Febr. debito modo summonit ' requisit ' fuit ad vigiland ' cum Constabular ' in paroch ' predict ' in Com' predict ' in nocte ejusd ' diei predict ' tamen B. M debitum suum in hac parte negligens ad tunc scil predict ' nocte predict ' diei Anno supradict ' vel in aliqua parte ejusd ' noctis non vigilavit cum predict ' Constabular ' apud paroch ' predict ' in Com' predict ' sed debitum suum in hac parte facere ad tunc ibidem totaliter neglexit voluntarie obstinate contemptuose ad tunc ibidem defalt ' fecit in contempt ' dicti Domini Regis nunc Legumque suarum contra pacem dicti Domini Regis coron ' dignitat ' suas c. Conventicles see Riot Religion Conviction see Proof Cordwainer see Leather Corn. Badgers Mault Hay Oats Ouster Ie mer. I. LAmb. 4. cap. 4. pag. 449. If any have against Proclamation transported or carried out of this Realm any Corn Grain or Malt growing or made here or any Beer Butter Cheese or Wood in any Vessel except to Berwick or the Marches thereof without sufficient Authority c. or have by any means connived or willingly consented thereto c. or if any having License have fraught or laden his Vessel c. at any more places then only one to be enquired of at Sessions 1 2 Phil. Mar. 5. License II. Lamb. 4. cap. 19. pag. 601. Sessions may enquire of and determine the Licenses for Badgers c. and they are to be granted in open Sessions 5 Eliz. 12. § 7. Market III. Crompt 79 b. Enquiry in Sessions of engrossing and forestalling Corn c. Barley big or Oats against 5 6 Ed. 6. 14. § 1 2 3. Merchants IV. Dalt 45. cap. 15. The Certificate of one Justice of Peace joyned with the Customer of the place of the unlading and selling of Corn c. carried by water from one place to another within this Realm is sufficient on 5 6 Ed. 6. 14. § 12. N. 1. of Forestalling Al◠V. 2 3 Ed. 6. 10. § 4. N. 1. Justices of Peace and Leet to determine Presentments of ill making of Mault and to set prices and Constables to present c. Dalt 85. cap. 23. Lamb. 445. VI. 13 Eliz. 13. § 1. N. Justices at Assize or Sessions unless controlled by the Queen to determine when its fit to transport Corn or to prohibit it VII 21 Jac. 21. § 2. N. 2. Hostlers or Inholders shall sell Horse-Bread Hostler Hay Oats Beans Pease c. for reasonable prices Lamb. 465. VIII Dalt 147. cap. 65. Amerciament For the punishment of the Baker for their unlawful Breads Quaere whether they shall only be Amerced c. after Indictment and conviction of their said offence or that the Justices of Peace or sworn Officers in Leets may take away their unlawful Bread and give it among the poor as Officers in Corporate Towns are enabled or appointed to do in the end of the Book of the Assize Printed 1597. See 51 H. 3. pag. 10. Incert temp pag. 85. cap. 2. IX Lamb. 465. Enquiry in Sessions Corporation if any Inholder dwelling in any City Town Corporate or Market Town wherein is any common Baker that hath been Apprentice there seven years have within his own House made any Horse-Bread or dwelling in any other thorough-fair have made it insufficiently and not of due Assize 13 R. 2. 8. § 1. N. 6. 32 H. 8. 41. § N. Dalt 146 147. cap. 65. X. Lamb. 465. If any Inholder have taken any thing for Litter Hostler or have taken excessively for Hay or have taken above one half-peny in a Bushel of Oats over the common price in the Market 13 R. 2. 8. § 1. N. 8. 4 H. 4. 25. § N. XI Lamb. 200. If any Bailiff or Constable of any Borough Seisure or other Town shall find any Mault made contrary to the Statutes 2 3 Ed. 6. 10. § 4. N. 3. 27 Eliz. 14. then with the advice of any Justice of the Peace within that Shire he shall cause the same to be sold to such persons and at such reasonable prices under the common price of the Market as to his discretion shall seem convenient XII Lamb. 201. Imprisonment The party convicted and committed to Prison by the Justices of Peace for not obeying this restraint of converting Barley into Mault must there remain three days and after that until he shall become bound in Recognizance of fourty pounds to the Kings use before any Justice of the Peace to obey such his restraint 39 Eliz. 16. § 1. N. 3. XIII Lamb. 331. Justices Any two Justices of the Peace may duly convict by two witnesses or by the parties confession any person that shall disobey the restraint of Maulting made in the open Quarter-Sessions and shall commit him to Prison without Bail or Mainprise for three days and until that he shall become bounden in 40 l. to some one Justice to perform such restraint 39 Eliz. 16. § 1. N. 1. XIV Lamb. 444 445. Enquiry in Sessions Husbandry if any person have within these two years bought Corn in any Fair or Market for change of his Seed having then sufficient for his House and for sowing his Ground for a year and did
Opinion of Mr. Marrow indeed he is not warned by the common form of Precept and therefore cannot so conveniently take knowledge of the Sessions of the Peace howbeit I think that he ought to serve when he shall be called for matter of Clergy Poult de pace 215. pl. 38. Lamb. 543. 544. CLVII Lamb. 395. 396. Inquest The Justices ought not to commit these Jurors of Enquiry to any Keeper nor to keep them without Meat or Drink nor to carry them out of the Town and yet they may adjorn them to another place to give their Verdict CLVIII Lamb. 397. 398. All others also may freely attend there Priviledg if not for any thing that especially concerneth themselves yet for the advancement of publick Justice and for the service of the King and to this end they are invited thither as I may say by a certain freedom of Access and by protection from common Arrest a thing that is incident to each Court of Record and without the which Justice should be greatly hindred so that if a man come voluntarily to these Sessions with the mind either to prefer any Bill of Indictment or to give Information against another or to tender a Fine upon an Endictment touching himself or do come compelled to make appearance for the saving of his Bond and be arrested by the Sheriff upon common and original process in his coming thither or during his tarrying there it seemeth that uopn Examination of the matter under his Oath he shall be dismissed thereof by the Priviledg of this Court even as it is used in the higher Courts at Westm 1 H. 7. 12 c. 2 H. 7. 4. priviledge Br. 35. Boult 2. cap. 3. pag. 8. § 36. Crumpt 141. b. Inquest CLIX. Lamb. 399. The Justices of Peace saith Mr. Fitzherbert for their parts be bound to inform the People and no doubt the Charge is given as well to instruct those that be ignorant lest they offend unawares as to inquire of those that have already fallen into danger by Offence and thereof it is that many Statutes do expresly command that they shall be openly read or declared at the Sessions Charge CLX Lamb. 400. The manner of giving the Charge and receiving the Verdict at this day differeth from that which the Justices in Eyre were wont to use for you may see in Bract. 116. a. that first one of the Justices did open before the whole Assembly the benefits of the service in hand the commodities of keeping the Peace and the Evils of the contrary and that then the Articles of the Charge were read by one and one to the Jurors who receiving the same at the hands of the Justices did also make answer in the yeilding up of their verdict to each Article severally and by it self which Custom as it had many profits so is it worthy in mine Opinion to be recontinued and brought in ure again Crumpt 11. a. b. Boult 2. cap. 4. pag. 9. Jurisdiction CLXI Lamb. 403. I know that Mr. Fitzh was of opinion that the Justices of the Peace ought at their Quarter Sessions and might at their private Sessions give in charge to the Enquest all such matters as they have power to determine and this he urgeth as well by the Oaths of the Justices who are sworn to do right in all Causes within their Commission or Statutes as also by the ignorance of the Jurors who be instructed only by the Charge which if it be so I see not for my part how either these Justices that are bound to utter all can be discharged or the Jurors that ought to hear all can be informed without this or some such compendious and plain way that may both shortly for the time and lightsomely for the order comprehend the chief substance of all that which belongeth to their Inquiry howbeit as I think it the best for the Justices to rehearse all such points whereof the Jury may make presentment before them so yet I hold them discharged in my slender opinion if they unfold only the Articles of their Commission and of such other Statutes as do expresly Authorize them to make enquiry Indictment CLXII Lamb. 498. I will advise that the Justices shall rather peruse the Bills after that the Evidence shall be thereupon given to the Jury then to put their pens into them before that the Enquest shall be enformed taking it to be not only no hinderance at all to the service but also the most wary and secure way for the Justices themselves to walk Sugestion CLXIII Lamb. 500. In some Cases therefore these Justices may hear one another for every Justice of Peace may upon his proper knowledge make presentments at the Sessions of any Offences done against 2 3 Ph. Mar. 8. 5 Eliz. 13. Concerning the amendments of the High-ways and in this and such like cases his report hath the force of a Presentment of twelve Men so that he and his Fellows may proceed upon it 21 H. 6. 5. CLXIV Lamb. 501. I think that before Justices of Peace Information these Suggestions and Informations both of private Persons be they by word or writing are but of the force to stir up the Justices to recommend the Cause to the Inquest and not to Award any Process upon them unless it be in certain Cases where that validity is especially given by the Statutes CLXV Lamb. 506. Process In the rest of the Statutes viz. except 1 Eliz. 2. 3. 5 Eliz. 1. 23 Eliz. 1. so far as I have found their power of Enquiry is accompanied with the Authority to hear and determine also for this want of Jurisdiction is not found in the Commission of the Peace it self but only in certain Statutes that for weighty Causes do restrain this further proceeding CLXVI Lamb. 507. This Writ of Certiorari is ever directed to the Justices of Peace Certiorari and yet the Custos Rotulorum only hath the keeping of these Records but the ancient Commissioners of the Peace had no Custos Rotulorum especially named in them and then this certifying belonged to them all which form the Writ retaineth to this day and if it fall in Question whether such a Certiorari were delivered to the Justices of Peace or no that must be tryed saith 10 H. 7. 24. by the Verdict of Twelve men CLXVII Lamb. 508 509. Certificate In the making of a Certificate upon this Certiorari the Justices of Peace ought neither to omit that which doth Authorize them nor to exceed that Authority which belongeth unto them For on the one side if they Certifie an Indictment of Felony or of a Riot as taken Coram Justiciariis ad pacem it was not thought enough without saying further necnon ad diversas Felonias c. and otherwise it was doubted whether the Indicted should be quite dismissed or no because the Justices of Peace had then no Record at all remaining with them for
Servant or the Servant may depart from his Master before the end of the Term shall be made at the Quarter Sessions 5 Eliz. 4. § 8. N. 1. Licences CCXXV. Lamb. 601. The Licences for Badgers Drovers c are to be granted at the open Quarter Sessions 5 Eliz. 12. § 4. N. 1. Crumpt 124. Corn. CCXXVI Lamb. 601. And the Prohibition of transporting Corn is to be made by the major Part of the Justice of the Peace at their Quarter Sessions 13 Eliz. 13. § 1. N. 7. Husbandry CCXXVII Lamb. 601. The Offences against the new Statute of Tillage are to be inquired heard and determined at the Quarter or General Sessions 39 Eliz. 2. § 9. N. 1. Poor CCXXVIII 601. 602. If the Parish and Hundred be not able to relieve the Poor of the Parish therein then the Justices of Peace or the greater Number of them may at their General Quarter Sessions rate any other Parishes c. thereunto and they may there by Agreement with any Lord of Wast or Common set up Habitations there for the Poor and place Inmates in the same and they also may at such Sessions Assess the Parents or Children being of sufficient Ability to relieve their Poor and Impotent Children and Parents 39 Eliz. 3. § 1. N. 11. CCXXIX Lamb. 602. The Parties grieved by any Act done upon 43 Eliz. 2. § 6. N. 1. are to be relieved by the Justices of Peace at their General Quarter Sessions and the Father Grand-Father Mother Grand-Mother and Child of the Poor being of a sufficient Ability may there be Taxed towards the relief of the said Poor CCXXX Lamb. 602. The Justices of Peace or the major Part of them may at any Quarter Sessions give order for the Erection of Houses of Correction and for Stocks of Mony and all other things necessary for the same or for the Government thereof and they may Banish or Condemn to the Gallies such Rogues as shall appear to be dangerous 39 Eliz. 4. § 1. N. 2. and may Brand them in the Left Shoulder with a hot burning Iron with a Great Roman R. thereon 1 Jac. 7 § 5 N. 1. Drapery CCXXXI Lamb. 602. The deceitful Users of Logwood for Dying are to be Tryed and Judged to Fine and Pillory at the Quarter Sessions 39 Eliz. 11. § 2. N. 4. Corn. CCXXXII Lamb. 602. The Justices of the Peace or the major Part of them may by their discretions in their Open Quarter Sessions restrain the converting of Barly into Mault 39 Eliz. 16. § 1. N. 1. CCXXXIII Lamb. 603. Wayes They also in their Open Quarter Sessions may convict such as Carry not or pay not towards the amendment of the High-ways in the Weild of Kent Surry or Sussex as this Statute doth appoint 39 Eliz. 19. § 4 N. 4. and the presentment of such Defaults ought to be made by the Surveyors of High-ways at the next Quarter Sessions after such default CCXXXIV Lamb. 603. Licence may be given in the Quarter Sessions to shoot Hayle-shot in a hand Gun for Hawks meat only License the Party licenced becoming bound in Recognizance of xx l. to shoot but only according to this Statute 1 Jac. 27. § 7. N. 1. CCXXXV Lamb. 603. Drapery The Offences against the Statute of deceitful stretching and tentoring of Northern Cloths are inquirable and determinable before the Justices of the Peace at their Quarter Sessions and those Defaults are to be presented by the Overseers at the next Quarter Session after such default made 39 Eliz. 20. § 10. N. 1. CCXXXVI Lamb. 603. Poor The Assignment and Revocation of Pensions for dissabled Soldiers and Mariners must be made by the major Part of the Justices of Peace at the Quarter Sessions and they may there set Fine upon the Treasurer that shall willingly refuse to pay any of the same Pensions 43 Eliz. 3. § 3. 1. CCXXXVII Lamb. 603. Wine The Assignment of such as shall keep any Tavern to uttter Wine by 7 Ed. 6. 5. § 3. N. 6. ought to be made at the General Sessions but is otherwise used by Special Grant CCXXXVIII Lamb. 604. Apprentice A Beggers Child may at the General Sessions be bound to serve any Subject of this Realm being of honest Calling 14 Eliz. 5. § 22. N. 1. 18 Eliz. 3 § N. CCXXXIX Lamb. 604. Purveyours The Dockets of Purveyors ought to be delivered over to the Justices of the Peace at the next General Sessions 2 3. Ph. Mar. 6. § 6 N. 1. CCXL Lamb. 604 A Decree may be made at the Quarter Sessions Poor for the continuance of a Cottage that hath not four Acres of Ground and there may the Justices inquire hear and determine of Cottages and Inmates 31 Eliz. 7. § 4. N 1. CCXLI. Lamb. 604. The Conviction of a Clothier Drapery or other upon his own Confession or Proof by two lawful Witnesses for not paying so great Wages to their Shearers c. as shall be set down according to the true meaning of this Act may be before the Justices of Peace in their Quarter Sessions and the Forfeiture of ten Shillings by this Statute given to the Party grieved may be levied by distress and sale of the Offenders Goods by Warrant from the said Justices 1 Jac. 6. § N. CCXLII. Lamb. 604. 605. All Offences against any Statute Games for not using any lawful Game or using any unlawful Games or for not having Bows and Arrows according to the Law or for using any Art or Mystery in which the Party hath not been brought up according to the Statute thereof shall be Sued or otherwise inquired of heard and determined in the Quarter Sessions of the Peace or Assizes of the Shire where they shall be committed or in the Leet within the which they shall happen 31 Eliz. 5. § 7. N. 5. CCXLIII Lamb. 605. The Act of rebellious Assemblies Riot or the effect thereof ought to be openly read at every Quarter Sessions 1 Mar. 1. St. 2 cap. 12. § 16. N. 1. Crumpt 123. b. § 15. 124 b. CCXLIV Lamb. 605. Sheriffs The Justices of Peace have Power in their Open Sessions to inquire hear and determine the defaults of under-Sheriffs Clerks of Sheriffs or under-Sheriffs and of Bailies c. in not taking the Oaths appointed by the Statute 27 Eliz. 12. § 6. N. 1. Pope CCXLV Lamb. 605. The Abjuration of a Seditious Sectary ought to be made in the Open Quarter Sessions of the Peace and there to be entred of Record and the Place certain and Name of a Popish Recusant limited by this Statute unto a place ought to be certifyed by the Minister and Constable that took and entred it to the next Quarter Sessions of the Peace and there be entred of Record in the Rolls of the Sessions by the Clerk of the Peace 35 Eliz. 1. § 2. N. 1. Pope CCXLVI Lamb. 605. The Penalties forfeited by a
that the Quarter Sessions in the County of Anglesey in Wales shall be alwayes forever holden at Blau-morris only and not elsewhere within the County of Anglesey except by reason of the Plague or such Contagious Sickness and notwithstanding this Statute a Sessions of the Peace was held at Newburgh in the same County without any special occasion and by all the Justices c. held void coram non judice by reason of the negative prohib Dyer 135. pl. CCLXXIII Crumpt 123. § 8. If a man be bound to appear before the Justices of Peace within xl dayes next after the Bond Recognizance and before the end of xl dayes a General Sessions is held he must appear before them at the same Sessions though it be not so exprest c. Condition Br. 208. Dalt 172. Cap. 70. CCLXXIV Crumpt 123. § 9. If a Justice of Peace upon a pain of x l. Commands one by precept to be at the next Sessions Process and he doth not appear no scire facias shall Issue no more then on a Subpenae but it seemeth he shall be Attacht at the next Sessions for a Contempt Dalt 33. 17. Cap. 117. CCLXXV Crumpt 123. § 11. The Statutes of Purveyors made Purveyors 36 Ed. 3. 2 3 4. shall be proclaimed by the Justices of Peace Annually CCLXXVI Crumpt 113. b. § 13. Victualers The Statutes of Victualers shall be Proclaimed twice Annually in the Sessions of the Justices 22 H. 6. 13. § N. CCLXXVII Crumpt 223. b. § 14. The Statute 33 H. 8. 9. § N. of Archery shall be proclaimed at several Sessions of the Peace Games Forces CCLXXVIII Crumpt 123. b. § 19. It seemeth that when the Justices shall enquire upon 8 H. 6. 9. § N. that they may make a Warrant to the Sheriff to return Pannels to enquire for the King of such things that shall be enjoyned them of the Kings part without saying to enquire of forcible Entries or of any Riot because 2 H. 5. 4. § N. is that they may hold their Sessions four times by the Year and more often if need be Sessions CCLXXIX Crumpt 124 § 21. The Justices of the Peace of the County of Middlesex are not bound to keep their Sessions Four times a year the Court of B. R. sitting in that County but they must keep their Sessions twice ayear at least and oftner if need be to enquire of Riots or forcible Entry made in the same County on pain and forfeiture c. 14 H. 6. 4. § N. Ryot CCLXXX Crumpt 124. § 22. The Justices for enquiry of Riot c. must hold Sessions within a month after the Riot c. Commit by 13 H. 4. 7. § N. on pain of C l. to every of the Justices of the Peace that are next abiding in the County to the place where the Riot is Committed Force CCLXXXI Crumpt 124. § 23. on 8 H. 6. 9. § N. of forcible Entries the Sessions must be held upon Complaint of the Party grieved within convenient time Apprentice CCLXXXII Crumpt 124. § 24. They may hold Sessions Annually between Michaelmas and Christmas and between the Annunciation and St. John Baptist to enquire of the Branches of the Statute of Laborers and of the good Execution thereof and punish the Offendors 5 Eliz. 4. § N. Measures CCLXXXIII Crumpt 124. § 25. The Justices of Peace may enquire hear and determine of falsifiers and Counterfeiters of false Weights as often as they shall think fit 9 H. 5. 8. Fowl CCLXXXIV Crumpt 124. b. Item At the General Sessions they may enquire of those that take Pheasants or Partridges or hunt in others Corn 23 Eliz. 10. § N. 11 H. 7. 17. § N. Leather CCLXXXV Crumpt 124. b. Item They may enquire of those that offend against the Statute of Tanners 5 Eliz. 8. § N. CCLXXXVI Crumpt 125. The Justices at their Sessions or within the limits of their Commission not said General or Special may enquire on 5 Eliz. 5. § N. of Fish on 25 H. 8. 11. § N. of destroying Wild Fowls Eggs in the Nest and on 37 H. 8. 9. § N. 13 Eliz. 8. of Usury of Eschetors that form their Offices or make a Deputy 12 Ed. 4. 9. § N. 3 H. 8. 8. § N. Coron CCLXXXVII Crumpt 125. b. Item Sessions shall enquire of defaults of Coroners 1 H. 8. 7. § N. of keeping above number of Sheep 25 H. 8. 13. § N. of Souldiers imbezelling Arms 2 3 Ed. 6. 2. § N. Rejoynder CCLXXXVIII Dalt 24. Cap. 6. Where a Statute appointeth a thing to be done by two Justices of the Peace or more if the Offence be any misdemeanor or matter against the Peace thereupon complaint made of the Offence to any one Justice of the Peace it seemeth that one Justice may grant out his Warrant to attach the Offendor and to bring him before the same Justice or any other to find Sureties for his Appearance at the next General Sessions there to make answer to such his Offence or else he may bind the Offender to the good Behaviour and so to appear at the next Sessions if the said Justices shall see any just cause so to do but Justices of Peace alone may not in any wise meddle to hear and determine the same Tryals CCLXXXIX Two Justice 568. And likewise Justices of Goal Delivery or Justices of Peace may Try the Prisoner the same day or any day after but need not make any particular precept as Commissioners of Oyer and Terminer must for the Justices of Goal Delivery and Justices of the Peace make a General Precept in Parchment under their Seals for the Summons of their Sessions and for returns of Juries c. and thereâ—fre any particular Precept is not requisite 1 Cr. 315. Fens Ca. Lamb. 543. Process 25. N. 2. CCLXXXXI Dalt Edit 1666. Cap. 46. pag. 125. Justices The Justices opinion touching the Commission by which the Justices sit at Newgate The Justices at Newgate sit by vertue of Two Commissions viz. Goal Delivery and Oyer and Terminer 2. By the Commission of Goal Delivery they may Try all Prisoners in the Goal or by Bail or such as be Indicted and will render themselves generally for all Felonies and also for such other Offences as are particularly assigned to them by Statute 3. The Statute 4 Ed. 3. 2. § 1. N. 7. doth give them power to receive Indictments against Prisoners or such as are upon Bail and to proceed to Try the same viz. Indictments taken before the Justices of the Peace and by Equity thereof all Indictments before Coroners 3 Mar. 1. Commission c. Br. 24. saith the Commission is ad deliberand ' Goal de Prisonariis in eisdem existent ' but they cannot take Indictments as Justices of Goal Delivery but being Justices of Peace they may take Indictments against Prisoners but not against them that be at large for as much as no
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
is kept any thing in this Act or in any provision of the same to the contrary notwithstanding License CXXXII 27 H. 8. 25. 26. § 27. N. 1. Provided furthermore that Servingmen departing from their service by License Will Death or Exclusion of their Lord Lady Master or Mistris having of the same their Lord Lady Master or Mistris Letters or in case of their death other sufficient proof testifying the day of their Exclusion or departure from such service shall not incur or run into any the punishments or penalties comprised in this Act for Vagabonds or sturdy Beggers within the space of one month after the day mentioned in the said Letters or appearing by the said testimony to be the day of the departure from such services ne also at or after the same month expired so that by the end of such month they shall have entred into any service or be otherwise in labor according to the form and tenor of this Act. Abbe CXXXIII 27 H. 8. 25. 26. § 28. N. 1. Provided also that in as much as Fryers Mendicants have little or nothing to live upon but only by the Charity and Alms of all Christian people this Act therefore ne any thing therein contained shall be prejudicial or hurtful unto any person or persons for giving of them in general or particular any manner of Alms in Mony Victual or other things ne also to them or any of them for being or remaining out of the places where they were born or had their last habitation or for passing abroad to gather the Alms and Charity of Christian people or for continuance in their Religion as they have been accustomed to do this Act or any thing therein mentioned to the contrary notwithstanding CXXXIV 27 H. 8. 25. 26. § 29. N. 1. Provided also that this Act ne any thing therein mentioned be hurtful or prejudicial to any Abbots Abbe Priors or other person or persons of the Clergy or other that by any means be bound to give yearly weakly or daily Alms in Mony Victual Lodging Cloathing or any other thing in any Monasteries Alms-Houses Hospitals or other Foundations or Brotherhoods by any good Authority or Ancient custom or of daily charity by keeping of poor men established for that purpose CXXXV 27 H. 8. 25. 26. § 29. N. 2. Ne to any person or persons Charity for receiving of the same or for their abiding in such Alms-houses or Hospitals according to such foundation CXXXVI 27 H. 8. 25. 26. § 29. N. 3. Ne also for Alms in ready Mony Mariners or otherwise to be given to Mariners or other persons that shall for time to come or be set on Land from Ships perished or lost on the Sea CXXXVII 27 H. 8. 25. 26. § 29. N. 4. Or to any person that Riding Going or passing by the way Charity shall after his or their Conscience or charity give Mony or other thing to Lame Blind or Sick Aged or Impotent people any thing in this Act to the contrary mentioned notwithstanding CXXXVIII 1 Ed. 6. 3. Forasmuch as Idleness and Vagaboncy Laborers is the Mother and Root of all Thefts Robberies and all evil Acts and other mischiefs and the multitude of people given thereto have always been here within this Realm very great and more in number as it may appear than in other Regions to the great Impoverishment of the Realm and danger of the Kings Highness Subjects CXXXIX 1 Ed. 6. 3. § 1. N. 2. The which Idleness and Vagaboncy Parliament all the Kings Highness Noble Progenitors Kings of this Realm and this High Court of Parliament have often and with great travaile gone about and assayed with Godly Acts and Statutes to repress Yet until this our time it hath not had that success which hath been wished but partly by foolish Pity and Mercy of them which should have seen the said Godly Laws Executed partly by the perverse Nature and long accustomed Idleness of the persons giving to loytering the said Godly Statues hitherto have had small effect And Idle and Vagabond persons being unprofitable Members or rather Enemies of the Common-wealth have been suffered to remain and increase and yet so do whom if they should be punished by Death Whipping Imprisonment and other Corporal pain it were not without their deserts for the Example of others and to the benefit of the common-wealth yet if they could be brought to be made profitable and do service it were much to be wished and desired CXL 1 Ed. 6. 3. § 1. N. 3. Be it therefore Enacted Repealance c. First that all Statutes and Acts of Parliment heretofore made for the punishment of Vagabonds and sturdy Beggers and all Articles comprised in the same shall be from henceforth repealed void and of none effect CXLI 1 Ed. 6. 3. § 2. N. 1. Ability Secondly that whosoever after the first day of April next following Man or Woman being not Lame Impotent or so Aged or diseased with Sickness that he or she cannot work not having Lands or Tenements Fees Annuities or any other yearly Revenues or profits whereon they may find sufficiently their living shall either like a Serving-man wanting a Master or like a Begger or after any such other sort be lurking in any House or Houses or loytering or Idly wander by the high-ways side or in streats in Cities Towns or Villages not applying themselves to some honest and allowed Art Science Service or Labor and so do continue by the space of three days or more together and not offer themselves to labor with any that will take them according to their faculty And if no Man otherwise will take them do offer themselves to work for Meat and Drink or after they be so taken to work for the space agreed between them and their Master do leave their work out of convenient time or run away that then every such person shall be taken for a Vagabond Apprentice CXLII 1 Ed. 6. 3. § 2. N. 2. And that it shall be lawful to every such Master offering such idle person Service and labor and that being by him refused Or who hath agreed with such idle person and from whom within the space agreed of service the said loyterer hath run away or departed before the end of the Covenant between them And to any other person espying the same to bring or cause to be brought the said person so living idly and loyteringly to two of the next Justices of Peace there resiant or abiding who hearing the proof of the idle living of the said person by the said space living idly as is aforesaid proved to them by two honest witnesses or confession of the party shall immediatly cause the said loyterer to be marked with an hot Iron in the Brest the mark of V. Villenage CXLIII 1 Ed. 6. 3. § 2. N. 3. And adjudge the said person living so idly to such Presentor to be his Slave to have
be occupied in or appoint them to such as will find them work for meat and drink CLXXX 1 Ed. 6. 3. § 15. N. 2. And if they refuse of Wilfulness and Stubbornness to work or do run away and beg in other places Pain then to punish the same according to their discretions with chayning beating or otherwise as shall seem to them convenient CLXXXI 1 Ed. 6. 3. § 16. N. 1. And for the more furtherance of the relief of such as are in unfained misery Ability and to whom Charity ought to be extended CLXXXII 1 Ed. 6 3. § 16. N. 2. Be it Enacted Days c. that every Sunday and Holyday after the reading of the Gospel of the day the Curate of every Parish do make according to such talent as God hath given him a Godly and Brief Exhortation to his Parishioners moving and exciting them to remember the Poor people and the duty of Christian Charity in relieving of them which be their Bretheren in Christ born in the same Parish and needing their help CLXXXIII 1 Ed. 6. 3. § 17. N. 1. Provided always Apprentice that if it shall chance any such adjudged Apprentice Servant or Slave as is before rehearsed to have inheritance discended unto him or her or any other ways by the Laws of this Realm Ward or Bondman or Nief of blood by or from any of his Ancestors to any person or persons that then it shall be lawful to any such person or persons to whom any such Ward Bond-man or Nief shall appertain to seise and take such Wards Bond-men or Neifs and them to retain and keep as their Wards Bond-men or Neifs and the said Wards Bond-men and Neifs shall be discharged of the said Slavery or other Servitude or Bondage above rehearsed this Statute or any thing therein contained to the contrary in any wise notwithstanding Villenage CLXXXIV 1 Ed. 6. 3. § 18. N. 1. And also be it Enacted that if any such Servant Apprentice Slave or Slaves which shall have at any time hereafter any Advancement or Living accrew come or grow unto him or any of them whereby he or they may have a convenient Living that then and from thenceforth he or they so being advanced to be discharged of their Slavery Servitude and Bondage this Act or any thing therein contained to the contrary in any wise notwithstanding Women CLXXXV 1 Ed. 6. 3. § 18. N. 2. Any Woman being a Servant Apprentice or Slave as is aforesaid being married within the age of twenty years without the assent of her Master until she shall accomplish and come to the said age of twenty years only excepted Settlement CLXXXVI 1 Ed. 6. 3. § 19. N. 1 Be it also Enacted that all Leprous and Poor Bed-rid Creatures whatsoever they be may at their own liberty remain and continue in such houses appointed for Leprous or Bed-rid people as they now be in and shall not be compelled to repair into any other Counties or Places by Virtue of this Act any thing therin contained to the contrary notwithstanding Charity CLXXXVII 1 Ed. 6. 3. § 19. N. 2. And that also it shall be lawful unto the said leprous and bed-rid people for their better releifs to appoint their Proctor or Proctors so there be not appointed above the number of two persons for any one house of leprous bed-rid people to gather the charitable Alms of all such Inhabitants as shall be within the compass of four Miles of any of the said houses of leprous and bed-rid persons Villenage CLXXXVIII 1 Ed. 6. 3. § 20. N. 1. And be it Ordained and Enacted c. that it shall be lawful to every person to whom any person in form abovesaid shall be adjudged a Slave to put a Ring of Iron about his Neck Arm or his Leg for a more knowledge and surety of the keeping of him Villenage CLXXXIX 1 Ed. 6. 3. § 20. N. 2. And that if any person or persons do take or help to take any such bond of Iron from any such Slave that then every person so doing without the License or Assent of his Master shall forfeit for every such default 40 l. Sterling Notice CXC 1 Ed. 6. 3. § 21. N. 1. Be it further Enacted that this present Act shall before the first day of March next be openly proclaimed in every City Corporate-Town and Market-Town upon the Market day and also from thenceforth shall yearly be read in every Shire openly in two general Quarter Sessions of the Peace that is to say at the general Quarter Sessions after Midsummer and the general Quarter Sessions next after Christmas to the intent that every person may have knowledge thereof Continuance CXCI. 1 Ed. 6. 3. § 21. N. 2. And that this Act shall endure unto the end of the next Parliament 3 4 Ed. 6. 16. § 1. N. 2. and 21 Jac. 28 § 11. N. 28. 69. Commission CXCII 1 Ed. 6. 3. § 22. N. 1. Provided alwayes and be it Enacted that it shall be lawful to the Lord Chancellor of England or the Lord Keeper of the Great Seal for the time being at their discretions to grant Commissions under the Great Seal of England to every or any person or persons that hath or shall have his or their Houses or Barns burnt or such losses to gather the relief and charity of others for their aid and help of his or their losses decay or hinderance as in time past hath been used any thing contained in this Act notwithstanding CXCIII 1 Ed. 6. 14. § 12. N. 1. And over that the said Commissioners Charity viz. of Chantries c. or two of them at the least shall have full power c. to enquire and try by such ways and means as they shall think meet and convenient what Mony Profit and benefit any poor person or persons by vertue of any Conveiance Assurance Composition Will Devise or otherwise heretofore had or enjoyed within five years next before the beginning of this present Parliament out of any Colledge free Chapel or Chantry and other the premisses c. CXCIV 1 Ed. 6. 14. § 12. N. 2. And thereupon to make assignments Mortmain and orders in such manner and form as all and singular such said mony profit and Commodity shall be paid to poor people for ever according to such Assurance Composition Will c. for the same and to assign and appoint Lands Tenements and other Hereditaments parcel of the premisses for the maintenance and continuance of the same for ever CXCV. 3 4 Ed. 6. 16. Forasmuch as it is notoriously seen and known that Vagabonds and Beggers Trades do daily increase within this the Kings Highness Realm into very great numbers chiefly by occasion of Idleness the Mother and Root of all vices whereby do ensue continual Thefts Murders Conspiracies and other sundry hainous offences and partly for that the good and wholesome Laws and
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
Mutandis to the House of Correction c. Imprisonment XLII Kilb. Precedents 74. 75. A Mittimus upon the third Conviction To the Constable c. Kent ss Forasmuch as C. D. was this present day according to the form of an Act of Parliament lately made Intituled An Act to prevent and suppress Seditious Conventicles Convicted by Record by us made of being present at the Parish of T. in the said County at an Assembly Conventicle or Meeting under Colour or pretence of Exercise of Religion in other manner than is allowed by the Liturgy or practice of the Church of England contrary to the Act aforesaid and Forasmuch as the said C. D. hath been twice before that time Convicted of the like Offence contrary to the said Act These are therefore in his Majesties Name to charge and command you the said Constable and Borshoulders and every of you that you some or one of you do take the said C. D. and him safely convey to his Majesties Goal aforesaid and there deliver him to the Keeper of the same together with this Precept commanding also you the said Keeper to receive him into the said Goal and him there safely keep without Bail or Mainprise untill the next General Quarter-Sessions for the West-division of this County the next Assises Goal-delivery Great-Sessions or sitting of Oyer and Terminer in the County aforesaid which shall first happen and that you then and there have him to be further proceeded agaist as by the said Act is directed hereof fail not at your perils Given under our Hands and Seals the day of c. 2. The like Mittimus mutatis mutandis to the House of Correction if the Justices think fit to send the Offender thither which they must not do if they be satisfied that the Offender or her Husband if a Feme Covert have 5 l. per Annum Freehold or Copyhold or be worth 50 l. in Goods XLIII Kilb. Precedents 76. A Certificat to the Militia c. for Aid on 22 Car. 2. 4. § 9. N. 3. 16 Car. 2. 4. § 10. N. 1. To the Lieutenant any Deputy Lieutenant or any Commissioned Officer of the Militia or any other his Majesties Forces the Sheriffs Justices or other Magistrates and Ministers of Justice jointly or severally Kent ss These are to Certifie you that I A.B. one of his Majesties Justices of the Peace c. have received Information of an unlawful Meeting or Conventicle held or to be held under Colour or pretence of Exercise of Religion in other manner than is allowed by the Liturgy or Practice of the Church of England contrary to an Act of Parliament lately made intituled An Act to prevent and suppress Seditious Conventicles at T. in the Parish of C. in the County aforesaid and that I with such assistance as I can get together am not able to suppress dissolve dissipate or prevent the same all which I do Certifie unto you to the end that you may repair unto the said place aforesaid and do therein as by the said Act is required and enjoined Given under my Hand and Seal the day of c. XLIV Kilb. Precedents 77. Record A Record of suffering a Conventicle fit to be in Parchment and Quaere if not in Latine 22 Car. 2. 1. § 4. N. 1. Kent ss Memorand that upon the second day of June in the 31. year of the Reign of our Soveraign Lord Charles the second by the Grace of God of England Scotland France and Jreland King Defender of the Faith c. It was according to the form of an Act of Parliament in that behalf lately made Intituled An Act to prevent and suppress Seditious Conventicles duly proved to us that R. T. of c. did wittingly and willingly suffer an Assembly Conventicle or Meeting under Colour or pretence of the Exercise of Religion in other manner than is allowed by the Liturgy or Practice of the Church of England to be held in his house Out-house Barn or Rome Yard or Backside Woods or Grounds in the Parish of T. in the said County on c. day now last past contrary to the Act aforesaid of all which we have the day and year first above written made this Record under our Hands and Seals XLV Kilb. Precedents 78. 79. Imprisonment A Mittimus thereupon upon the first Conviction To the Constable and Borshoulders of the Hundred of A. and to every of them and to the Keeper of his Majesties Goal for the said County at C. in the County aforesaid Kent ss Forasmuch as D. E. was this present day according to the form of an Act of Parliament lately made intituled An Act to prevent and suppress Seditious Conventicles Convicted by Record by us made viz. two Justices c. of wittingly and willingly suffering an Assembly Conventicle or Meeting under Colour or pretence of Exercise of Religion in other manner than is allowed by the Liturgy or practice of the Church of England to be held in his House Out-House Barn or Room Yard or backside Woods or Grounds in the Parish of T. in the said County upon the second day of June now last past contrary to the Act aforesaid and whereas we did upon the said Conviction Fine the said D. E. viz. not Exceeding 5 l. for his said Offence and he did not pay down the said Fine unto us These are therefore in his Majesties Name to charge and command you the said Constable and Borshoulders and every of you that you some or one of you do take the said D. E. and him safely Convey to his Majesties Goal aforesaid and there deliver him to the Keeper of the same together with this Precept commanding also you the said Keeper to receive him into the said Goal and him there safely keep without Bail or Mainprise by the space of viz. not Exceeding three Manths next after such delivery of him unto you hereof fail not at your perils 2. The like Mittimus Mutatis Mutandis to the House of Correction c. the like upon the second Conviction and the like upon the third Conviction ut supra XLVI Kilb. Precedents 81 A Certificate for the taking the Oath according to 16 Car. 2. 4. § 19. N. 1. Quakers Kent ss I A. B. one of his Majesties Justices of the Peace of the County of K. do humbly Certifie that D.E. did this present day before me take the Oath mentioned in an Act of Parliament lately made intituled An Act to prevent and suppress Seditious Conventicles in these words I do swear that I do not hold the taking of an Oath to be unlawful nor refuse to take an Oath on that account in Testimony whereof I the said A. B. have hereunto set my Hand and Seal the day of c. Escape XLVII Kilb. Precedents 81. 82. To levy Money upon a Goaler c. for suffering one committed upon this Act to go at large 16 Car. 2. 4. § 12. N. 1. To the Constable and
de H. in Com. predict ' Yeomen quendam J. S. de F. in dicto Comitat ' Mariner invenerunt viderunt apud C. in Com. predict ' die Anno supradict ' cum quodam Tormento Anglicè vocat ' a Hand-gun onerato pulvere tormentario globo plumbeo Anglicè Charged with Gunpowder and a leaden Bullet in quendam cuniculum ad tunc existent ' in quodam loco ibidem vocat ' C. Sagittantem exonerantem dictum tormentum contra formam Statuti in Parliament ' Domini H. nuper Regis Angliae 8. apud Westm ' Anno Regni sui 33. tent ' provisi ac editi ac proinde die Anno supradict ' prefat ' J. S. arrestaverunt apud H. predict ' coram me J. L. Milite uno dicto loco proximo Justiciariorum dicti Domini Regis ad Pacem in dicto Com' conservand ' necnon ad diversas transgressiones alia malefacta in eodem Comitatu perpetrata audiend ' terminand ' assignat ' ad tunc una secum adduxerunt petentes inde justiciam fieri Qua quidem petitione audita ego prefat ' J.L. apud H. predict ' die Anno supradict ' debitè super inde examinavi prefat ' J.S. ac probationes predict ' A. B. C. D. in hac parte cepi ac propterea quod tam per probationes predict ' quam per Confessionem ipsius J. S. ad tunc ibidem aparuit mihi manifeste quod prefat ' J. S. cum non haberet in Jure suo proprio nec in Jure uxoris suae ad usum suum proprium nec aliqui alij ad usum ejusd ' J. S. haberent terras tenement ' feoda Annuitates aut Officia ad clarum Annuum valorem 100 l. in Tormento predict ' modo forma predict ' sagittasset contra formam Statut ' predict ' ego prefat ' J. L. prenominat ' J. S. die Anno supradict ' proximae Goalae dict' Domini Regis apud M. in Com. predict ' de transgressione predict ' coram me Convictum Commisi ibidem moraturum quousque paenam forisfacturam decem librarum legalis monetae Angliae vere solveret viz. unam medietatem inde dicto Domino Regi alteram medietatem inde dictis A. B. C. D. primo ejusdem J. S. coram me ductoribus quorum omnium fidem testimonium ego prefat ' J. L. hiis presentibus sigillum meum appofui Datum apud H. predict ' die Anno primum supradict ' Per me prefat ' J.L. 2. And every Person other then such as are so Authorized by the yearly value of 100 l. as is aforesaid ought if he be licenced to shoot in Cross-bow or Hand-gun and do inhabit in the Country to present his Name to the next Justice of Peace adjoyning and thereupon the Justice ought to present and record the same before the Justices of the Peace at the next Quarter Sessions 2 3 Ed. 6. 14. § N. But learn of others whether this part is to have continuance still or else did only extend to such Persons as had Licence at that time Dalt 66. cap. 24. VI. West Symbol 2. part 129 b. Sect. 202. An Endictment for shooting Hailshot in a Hand-gun 2 3 Ed. 6. 14. § N. Kent ss Inquiratur pro Domina Regina quod cum in Statuto in Parliament ' Domini Edw. nuper Regis Angliae sexti apud Westm Anno Regni sui secundo inter alia ordinat ' inactitat ' existit quod nulla persona subter gradum Domini Parliament ' ex tunc deinceps sagittaret in aliquo Tormento infra Civitat ' vel Villam ad aliquam volucrem sive aliam metam super Ecclesiam Domum aut Columbar ' neque quod aliqua persona sagittaret in aliquo loco aliquam sagittationem vocat ' Hailshot aut plures glandines plumbeas quam unam uno tempore sub paena forisfact ' 10 libr ' pro quolibet tempore in quo ipse contra Statut ' predict ' delinqueret imprisonament ' Corporis sui per spatium trium Mensium prout in Statut ' predict ' plenius continetur Quidam tamen J.C. nuper de B. in Com. R. Yeoman Statut ' predict ' minimè ponderans nec paenam in eodem content ' aliqualiter verens 5 die Junij c. in quodam Torment ' Anglicè vocat ' a Hand-gun onerat ' pulvere et glandinibus plumbeis Angl ' Charged with Powder and Hailshot in quandam Anat ' ad tunc in quadam palude in commune Campo vocat ' Netherfield de B. in Com. K. predict ' existent ' sagittavit et exoneravit Angl ' discharged contra formam Statuti predicti ac contra Pacem dictae Dominae Reginae nunc Coron ' et Dignitatem c. 7. Crompt 94. See 43 Eliz. 3. How Souldiers and Mariners Poor maihmed in the Wars in the King's Service shall be relieved which is to continue to the end of the next Session c. which was 1 Jac. 25. and thence its continued to the next 39 Eliz. 21. VIII Crompt 195 b. pl. 24. Justices One Justice of the Peace may Commit him that sells the Harness or Horses with which he shall be sent into the Wars until he hath satisfied the Owner c. by 2 3 Ed. 6. 2. § N. XI Dalt 66. cap. 24. Note that the Sheriff or any of his Officers Guns for the better Executing of their Office may carry with them Hand-guns Daggers or other Weapons invasive or defensive notwitstanding 33 H. 8. 6. § N 5 Co. 72. X. West Symb. 2. Part 113. Sect. 135. An Indictment for not keeping of a light Horse 4 5 Ph. Mar. 3. Essex ss Juratores pro Domino Rege super Sacrament ' suum presentant quod ubi A. B. de C. in Com. E. predict ' Gen ' a primo die Junij Anno Regni c. usque in hunc presentem diem scil primum diem Maij Anno c. terras et tenement ' in C. predict ' in dicto Comitat ' E. eidem A. B. et heredibus suis in feodo simplici ad clarum Annuum valorem Centum Marcarum et amplius ultra omnes reprisas habuerit ac tenuerit idem tamen A. B. per totum tempus predict ' viz. a dicto primo die Junij Anno supradict ' usque nunc nullum habuit custodivit manutenuit aut sustinuit equum castrat ' Angl. dict' a Guilding habìlem et idoneum pro levis Armaturae Equite Anglice able and meet for a light Horsman in dicti Domini Regis contempt ' ac in magnum hujus Regni sui Angliae enervationem necnon contra formam cujusd ' Statut ' in Parliament ' Ph. et Mar. nuper Regis et Reginae Angliae tent ' apud Westm ' Anno Regnorum suorum quarto et quinto in hujusmodi Casu provisi ac editi Warrants see Process Warrenors see Forest
is committed for keeping of Ale-houses contrary to the Statute 5 6 Ed. 6. 25. § 4. N. 1. shall not be by Bail â—r Mainprise Cromp. 172. b. Recogn XXXIX Cromp. 196. § 6. The Justices of Peace shall take a Recognizance of such that have License to keep Alehouses to keep good rule and that they shall not use unlawful Games there 5 6 Ed. 6. 25. § 1. N. 4. Process XL. Cromp. 196. b. § 9. A Justice of Peace cannot award process upon Recognizances before they be forfeit as it seemeth by 3 H. 7. 1. § 1. N. 26. but must certifie it into the Chancery Kings Bench or Exchequer if it be not in Case where a Recognizance is forfeit for an Alehouse by 5 Ed. 6. 25. § 3. N. 2. whereupon he may award process as appeared by the said Statute Lamb. 516. supra Licence XLI Cromp. 198. b. two Justices of the Peace whereof one shall be of the Quorum may license one to keep a common Alehouse and take Recognizance of him with one surety to keep good rule and that he shall not suffer unlawful Games to be used there as to their discretion shall seem necessary and convenient 5 6 Ed. 6. 25. § 1. N. 4. Lamb. 431. infra 82. Proofe XLII Dalt 26. cap. 7. and not that the voluntary Confession before the Justice of Peace or other person authorized to minister the Oath of any Offender against any of the Statutes 1 Jac. 9. 4 Jac. 5. § 2. N. 1. shall suffice to convict the person so offending and after such confession the Oath of the party so confessing shall be taken and be sufficient proofe against any other offending at the same time 21 Jac. 7. Measures XLIII Dalt 26. cap. 7. If any Taverner keeping also an Inn or victualling in his House or any Inn-keeper Alehouse-keeper or Victualler shall at any time utter or sell within his House or without less than one full Ale-quart of the best Beer or Ale for 1 d. and of the small two quarts for 1 d. the said Offence being proved before any Justice of the Peace by one witness upon Oath then every such Taverner Inn-keeper c. shall forfeit for every such Offence 20 s. 1 Jac. 9. § 3. N. 1. And yet note That wheresoever any Conviction shall be before the Justice of Peace by or upon the Oath of any other person then the Delinquent himself then the Justice of Peace must first send for or convene the Delinquent before him to make answer c. For it may be that he can make sufficient defence or excuse of the Fact And this was the direction of Sir Nicholas Hyde Lord Chief Justice of the Kings Bench c. Dalt 67 155 362. XLIV Dalt 27. cap. 7. Every Taverner keeping also an Inn Hostler or victualling in his House and every Inn-keeper Alehouse-keeper and other Victuallers which shall suffer any person wheresoever his dwelling-house be to tipple in the said house shall be adjudged within the Statute 1 Jac. 9. § 2. N. 1. Dalt 361. 1 Bulstr 109. XLV Dalt 27. ibid. So that now by these Statutes 5 Hostler 6 Ed. 6. 25. 1 Jac. 9. 4 Jac. 5. 21 Jac. 7. 3 Car. 1. cap. 3. 4 No person may come to tipple in any such Tavern or in any Inne Alehouse or Victualling-house in the same Town where he dwelleth not dwelling within two miles thereof And so Sir Francis Harvey Knt. delivered it in his Charge at Cambridge Summer-assizes Anno 1629. XLVI 1 Bulstr. 109. Pl. 90. Note by Yelverton Justice Hostler That if an Inne do use the Trade of an Ale-house this shall be within the Statute of Ale-houses 5. and 6 Ed. 6. 25. and 1. Jac. 9. and 4. Jac. 5. and 21. Jac. 7. and 3. Car. 1. cap. 3. 4 Croke Justice no person is for to erect an Inne without a Licence from the King Finner Justice the Statute for Ale-houses include all excepting only Booths in Fairs not to keep an Inne and an Ale-house but to be suppressed to keep an Inne only for the relief of Travellers in this Pasch 9 Jac. Anonym Dalt 28. cap. 7. Hostler If a common Inn-holder or Ale-house-keeper will not Lodge a Traveller any Constable or Justice of Peace may compel them thereto but how the Officer shall compel him quere It seemeth that all the Officer can do is either to cause such Ale-house-keeper to be suppressed or else to present or prefer such offence of an Inn-keeper or Ale-house-keeper at the Assizes or Sessions of the Peace that so the Offender may be thereupon Indicted Dalt 17. 378. § 9. supra § 19. 39 H. 6. 18. Actio super Casus Br. 76. and 5 Ed. 4. 2. Actio super Casus Br. 92. Dyer 158. pl. and 9. co 87. XLVIII Dalt 28. cap. 7. And at Lent Assizes Anno 1622. Indictment Sir James Lee Lord Chief Justice of the Kings-Bench delivered it in his charge that an Inn-keeper or Ale-house-keeper offending herein might be Indicted Fined and Imprisoned for the same or else that the party grieved might have his Action super Casus against the Inn-keeper or Ale-house-keeper refusing to Lodge him 14 H. 22. b. Kell 50. pl. XLIX 28. ibid. But no Inn-holder Payment Ale-house-keeper or other Victualler shall be compelled to sell or let any Traveller or other to have any Victuals or Lodging except the party shall first tender and pay ready Mony for the same if it be required 10 H. 7. 8. Hostler L. 2. Rol. 345. 21. Hill or Pasch 21. Jac. per Chamberlain Justice by the putting of a Sign upon his door and Lodging Guests he Chargeth himself to the common-wealth And if I come to an Inne and require him to give me Lodging and he refuseth an Action upon the Case lyeth if he refuseth me and Mr. Justice Dodridge and Sir James Lee Chief Justice accorded c. Hostler LI. Dalt 30 cap. 7. Common Inns are appointed for Travellers and Way-fairing men 8. Co. 32. And therefore if any Inn-keeper shall suffer persons inhabiting in the same Town or any other persons contrary to the Statutes 5. and 6 Ed. 6. 25. 1 Jac. 9. and 4. Jac. 5. and 21 Jac. 7. and 3 Cor. 1. cap. 3. 4 to be usually Tipling in his House such an Inn-keeper may be accounted as well an Ale-house-keeper as an Inn-keeper And such Innkeepers may be bound by Recognizance with Sureties for keeping good Orders as Ale-house-keepers are and so Judge Warberton delivered it in his Charge at Cambridge Assizes Anno 1613. and therewith also agreed Sir James Lee and Sir John Dodridge in their several Charges at Cambridge Assizes Anno 1621. For such Inn-keepers said they do pervert the end for which they were appointed first or else it seemeth they may be committed as Ale-house-keepers without Licence by two Justices of Peace as aforesaid or they may be Indicted therefore at
the Assizes or Sessions of the Peace as it seemeth by the Commissioners of the Peace Lisence LII Dalt 31. Also it hath been agreed for Law that such Inns as have been Erected since the Statute 5 and 6 Ed. 6. 25. and were not Inns before ought to have Lisence and that such Inn-keepers are to be bound by Recognizance with sureties for keeping of good Orders as Ale-house-keepers are so Crompt 77. supra § 35. And yet at Lent-Assizes Anno 1621 Sir James Lee delivered in his Charge that Inns were Hosteries by the Common-Law and that every man might erect and keep an Inn or an Hostrey so as they were probi homines and dwelling in meet places but yet that they were not worthy of any allowance or Lisence under the Kings Great Seal c. Hutt 99. Nusance LIII Dalt 31. ibid. And he delivered further in his said Charge that if such Inns or Hosteries be used ad nocumentum populi Dom. Regis c. scil do keep any disorderly house contrary to the Law or be more in number then are needful and to the hindrance of other ancient and well governed Inns that then they may be therof Indicted at the Assizes or Sessions of the Peace and there may be either fined or suppresed and Sir James Lee told me after at his Lodging in Trinity Colledge that this was the opinion of all the other Judges upon a late Conference had amongst themselves Fult 99. Justices LIV. Dalt 31. ibid. But such Inns or Hosteries if they be inconvenient or disordered in respect either of the Inn-keeper or of the resort thither or that the place be unmeet they are to be supressed upon an Indictment found at the Assizes or Sessions And if they shall suffer Towns-men or other persons usually to tipple there they are to be punished as Alehouse-keepers without license for these Inns or Hosteries are to be allowed only for Travellers Hutt 100. Hostler LV. Hutt 99. Pl. 151. Memorandum That upon a Conference at Serjeants-Inn in Fleet-street 19 June 22 Jac. it was resolved and agreed by the Lord Chief Justice Sir James Lee the Lord Hobbard Baron Bromly Baron Denham Justice Hutton and Justice Jones That any one may erect an Inn for lodging of Travellers without license or allowance as well as any one before 5 6 Ed. 6. 25. might have kept a common Alehouse c. Dalt 31. cap. 7. License LVI Hutt 99. ibid. By the like reason viz. being not restrained all men may use the Trade of Inn-keeping unless it could be brought to be within the Statute 5 6 Ed. 6. 25. which hath never been taken to be subject to that Statute in point of License LVII Dalt 31. ibid. His Majesty viz. Hostler King James in his late Speech in the Star-Chamber Anno 1616. hath justly excepted against the abundance of Alehouses and more especially against the infamous and blind Alehouses as being haunts and receits for Robbers Thieves Rogues Vagabonds and other idle and sturdy Fellows and therefore here I thought good to put the Justices of Peace in mind that in allowing of Alehouses they have a regard as well to the person as the place for all persons are not fit to be allowed to be Alehouse-keepers neither are all places meet for an Alehouse infra 62. LVIII Dalt 29 32. cap. 7. Justices Any two Justices of the Peace the one being of the Quorum may remove discharge and put down any Alehouse where they shall think meet 5 6 Ed. 6. 25. and the Alehouse-keeper put down and discharged by any two such Justices of the Peace cannot be allowed again by any other two or more Justices of the Peace except it be in open Sessions as Sir Peter Warberton delivered in his Charge at Cambridge Assizes Anno 1613. LIX Dalt 32. ibid. License An Alehouse-keeper convicted and supressed for any of the former Offences viz. tippling disorder c. if he shall be licensed or allowed again by two or more Justices of the Peace within three years such License is void and he is to be punished as one victualling without License And so it was delivered by Sir Nicholas Hyde at Cambridge Assizes Anno 3 Car. 1. And so it seemeth if he were convicted rhough he were not suppressed if he be after licensed again within three years after such Conviction such License is void LX. Dalt 31. If the party be in Livery or a retainer to any man Ability Bailiff of a Hundred or Liberty Constable c. or be one that is not of good Fame Conversation or Government such persons are not fit to be allowed to be Alehouse-keepers see Fitz. N. B. That no Victualler ought to sell Victual so long as he is in Office c. infra 89. N. 2. 12 Ed. 2. 6. LXI Dalt 31 32. again dicitur Trades That no person using any Trade ought to be allowed to keep an Alehouse for that were to take away the means and so the life of another tam quaere inde for that by the Common-Law no man is prohibited to use divers Trades Dalt 81. 375. LXII Dalt 32. Lieu. Also in the Towns which are no thorow-fare the Justices shall do well to be sparing in allowing of any Alehouse except it be at the suit of the chief Inhabitants there and to supply the necessary wants of their Poor and then Canakers only to sell to the Poor and out of their doors would suffice if they were enabled by a Law Dalt 375. supra 57. LXIII Dalt 32. ibid. Lieu. also the Alehouses to be allowed are meetest to be about the midst of the Town but not to be in any blind corners where Thieves and Rogues may be harboured nor in places out of or distant from the Town except upon the River-side and where there is great need Dalt 375. supra LXIV West Presid 1 part § 557. A License to sell Ale W. K. and E. D. two Justices of Peace of our Sovereign c. Warwick ss in the County of W. to all Bailiffs Constables and other the Queens Majesties Officers Greeting c. Know ye That we the said W. K. and E. D. have licensed and by these presents do license G. J. of c. to sell Ale in his House at G. aforesaid for one whole year next ensuing the date hereof and have bound him by Recognizance with Sureties to the Queens Majesties use That they shall maintain good rule and not to use any unlawful Games or Meetings in his House but to do according to the Statute provided in that behalf In witness whereof we have subscribed our Names and hereunto have put our Seals the _____ day of c. in the 34th year c. License LXV West Presid 1 part § 558. A License to keep an Alehouse Berks. ss To all Justices of Peace Mayors Sheriffs Bailiffs and all other the Queens Majesties Officers and Subjects to whom it may appertain