Mares or Gâ—ldings into Scotland or beyond the Seas C. 7. § 4. N. 1. And also be it Ordained c. that albeit any Abatement c. Iustice of the Peace within any of the Kings Dominions c. shall fortune to be made c. Duke Arch-Bishop Marquis Earl Viscount Baron Bishop Knight Iustice of the one Bench or of the other or Serjeant at the Law or Sheriff yet that notwithstanding he shall still remain Iustice c. and have full Power c. as he or they might or ought to have done before the same § 6. N. 1. And over that no manner of Process or Suit made c. before any Justices c. Iustices of Peace c. shall ne in any wise be discontinued c. by altering of the names of the c. Iustices of Peace 11 H. 6. Cap. 6. § 1. N. 2. C. 12. § 19. N. 3. And that the same Accusation c. so to be had made and declared Treason viz. withâ—n thirty days after Treason spoken c. shall be made to one of the Kings Council or to one of the Kings Iustices of Assize or else to one of the Kings Iustices of the Peace being of the Quorum or to two Iustices of the Peace within the Shire where the same Offence c. shall happen to be done or committed any thing in this Act contained to the contrary in any wise notwithstanding 2 3 Ed. 6. C. 2. § 4. N. 1. And if such Souldiers so offending War viz. departing or selling their Harness c. fortune to escape from the Lieutenant c. without the Punishment viz. of Imprisonment till Satisfaction and Restitution aforesaid that then the same Souldier upon complaint made by the Party grieved or his Executors or Administrators upon due Proof thereof to made to any Iustice or Iustices of the Peace in the parts where such Souldiers so offending shall be found shall be by such Iustice or Iustices committed to Ward there to remain without Bail or Mainprize until he have satisfyed the Party grieved his Executors or Administrators of and for such Horses Geldings or Mares and Harness so by any such Souldier wilfully lost exchanged altered or otherwise purloyned Process And that the Iustices of every Shire where any such Souldier viz. Departing without Licence shall be taken shall have full Power to inquire § 6. N. 2. hear and determine in all and every the said Offences concerning every such Departure as they do and may do in all other Cases of Felony committed in the Shire where such Souldiers shall be taken Justices And be it further Enacted C. 10. § 4. N. 1. c. that the Iustices of Peace in every of their Sessions and also the Steward in every Leet shall have full Power c. to inquire hear and determin as well by Presentment of twelve Men as by Accusation or Information of two honest Witnesses of for and upon all and every the Offences and Forfeitures c. viz. of not well drying sifting or mixing of Mault c. as well for the King as for the Party that shall sue procure or cause the same to be presented as is beforesaid And if any of them viz. Constabâ—es Bailiffs c. shall thereupon Viz. on Search find any Mault so put to Sale Coron being evil made § 4. N. 3. or mingled with evil Mault c. that then the said Bailiff or Constable so finding any such Mault c. with the advise of one Iustice of Peace within the same Shire shall cause the same to be sold to such person c and at such reasonable price c. and under the common price of the Market as to his discretion shall seem necessary and expedient And that all and every other person Authorized to shoot or otherwise if he inhabit in any Town-Corporate be presented by the Mayor or other Officer of the same Games and inhabiting in the County C. 14. § 2. N. 2. be presented within one Month after the publishing of this Act to the next Iustice of Peace adjoyning In which Cases the said Mayor Iustice or other Officer so taking their names as is aforesaid Corporation § 2. N. 3. shall again present and record the same before a Iustice of the Peace at the next Quarter Sessions to the intent the Clerk of the Peace of the County may keep a certain Book or Roll of the names of all such persons by the which the Kings Majesty may from time to time be ascertained how many sheet and able men exercised in that Feat be in every County that the same may be imployed in his Graces Service as need and occasion shall require And it is further Ordained c. that all and singular Iustices of Assize Victuals Iustices of Peace Mayors Bailiffs and Stewards of Leets C. 15. § 3. N. 1. at all and every their Sessions Leets and Courts shall have full Power and Authority to inquire hear and determin all and singular Offences committed against this Statute viz. of Conspiracy by Victualers Artificers c. and to punish or cause to be punished the Offender according to the Tenor of this Act viz. by Fine Imprisomnent Pillory c. Fish And furthermore it is Ordained c. that Iustices of Goal delivery and Iustices of Peace in all and singular Counties Cities C. 19. § 4. N. 1. Towns-Corporate and other places within this Realm of England and other the Kings Dominions shall have full Power and Authority to inquire hear and determin all manner of Offences that shall be committed or done contrary to this Act viz. Eating Flesh on Fridays Saturdays Embring-days and Fish-days in like manner and form as they may inquire hear and determin any Trespass or other Offence against the Kings Peace committed or done within the limits or place where they then shall be Iustices c. For redress c. be it Enacted c. that where any person C. 24. § 2. N. 5. c. shall be Feloniously stricken or poysoned in one County Coron and dye of the same c in another County that then an Indictment thereof found by Iurors of the County where the death shall happen whether it shall be found before the Coroner c or before the Iustices of Peace or other Iustices or Commissioners c. shall be as good c. as if the Stroke or Poysoning had been committed or done in the same County where the Party shall dye or where such Indictment shall be so found c. And further be it Enacted c. that where any Murder or Felony hereafter shall be committed and done in one County Lieu. § 4. N. 1. and another person or more shall be accessary c. in any manner of wise c. in any other County that then an Indictment found c. before the Iustices of Peace or other Iustices
them and to the keeper of his Majesties Goal for the said County at M. in the County aforesaid Kent ss Forasmuch as we viz. two Justices have received a Certificate from the Ordinary within whose Jurisdiction the Parish of T. in the said County is situate That A. B. being by virtue of the Statute in that behalf made disabled to Preach any Sermon did during the time that he did continue and remain so disabled Preach a Sermon in the Parish Church of T. aforesaid against the form of the Statute These are therefore in his Majesties Name to will and require you the said Constable and Borshoulders and every of you that you some or one of you do take the said A. B. and him convey to the Goal aforesaid and there deliver him to the said Keeper thereof together with this Precept Requiring also you the said Keeper to receive him into the Goal aforesaid and him there safely to keep by the space of three Months without Bail or Mainprise hereof fail not at your perils Given under our Hands c. XXXI Kilb. Precedents 52. Church A Record of a Conventicle to be written in Parchment on 22 Car. 2. 1. by two Justices Kent ss Memorand ' That upon the 10th 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 Entituled An Act to prevent and suppress seditious Conventicles duly proved to us viz. two Justices c. that A. B. being of the Age of sixteen years and upwards and a Subject of this Realm was upon the first day of June now last past in the Parish of c. present at T. in the said County under colour or pretence of Exercise of Religion in other manner than is allowed by the Liturgy or practice of the Church of England where five Persons are present more than those of the same Household contrary to the Act aforesaid of all which we have the Day and year above written made this Record under our Hands and Seals 2. Or better in Latin thus Kilb. Precedents 53 54. Kent ss Memorand ' quod J. S. de S. in Com. predict ' Yeoman Church E. W. de W. in Com. predict ' Generosus Maria uxor G. J. de parochia de E. in Com. predict ' Husbandman Eliz. W. de E. predict ' in Com predict ' vidua J. B. de c. Cum multis alijs in toto se attingent ' ad numerum duodecim personarum quilibet eorum die Solis 26. die Junij Anno Regni Domini Regis nunc 22. die ultra etatem 16. Annorum subditi dicti Domiin Regis ad tunc existent ' predict ' 26. die Junij Anno 22. supradicto insimul assemblaverunt presentes fuerunt quilibet eorum presens â—uit in Domo Mansionali ipsius A. P. viduae in predict ' Parochia de E. in Com. predict ' ad Conventiculum sub colore Exercitationis Anglice Exercise Religionis in alio modo quam secundum Liturgiam practicationem Anglice practise Ecclesiae Angliae Ad tunc ibidem tent ' contra formam Statuti prevenire supprimere seditiosa Conventicula nuper Editi proviso infra Memorand ' etiam quod tempore loco supradict ' predict ' J.S. assumpsit super se docere in Conventiculo predict ' in eodem ad tunc ibidem docuit contra formam Statuti predicti quodque predict ' A. B. vidua tempore supradicto scienter Anglice Wittingly voluntariè permisit Conventiculum predictum fore tenend ' in Domo Mansionali sua predict ' etiam contrà formam ejusdem Statuti Record ' quarum quidem separalium offensarum Ego W. L. Miles unus Justiciariorum dicti Domini Regis ad pacem suam in Com. suo predict ' conservand ' assignat ' cui secundum formam effectum Statuti predicti separales offensas predict ' sic ut preâ—ertur fore Commissa sufficienter aparuit per presentes sub Manu sigillo meo 11. die Julij Anno 22. supradicto apud N. predict ' in Com. predict ' feci Predictique J. S E. W. predict ' Maria uxor predict ' G. J. Eliz. W. J. B. Junior J. B. Senior J. F. R. P. A. P. Vidua A. B. D. P. Spinster de separalibus offensis suis in Record ' predict ' superius mentionat ' per Recordum illud virtute Statuti predicti plene perfecte convicti sunt quilibet eorum inde separaliter plene perfecte convictus est ego prefat ' Justiciar ' superinde virtute Statuti predicti die Anno loco ultimo mentionat ' finem V.S. super quemlibet offensorum Anglice Offenders predict ' sic ut prefertur ad Conventiculum predict ' present ' Existent ' pro separali offensa predict ' imposui Predictaque A. P. Vidua pro offensa sua predicta eo quod ipsa ut prefertur permisit Conventiculum predict ' fore tenend ' in Domo Mansionali sua predict ' forisfecit Summam 20 l. Virtute Statuti predict ' predictusque J.S. pro offensa sua predicta eo quod ipse ut prefertur assumpsit super se docere in conventiculo predicto in eodem ut predictum est docuit forisfecit summam 20 l. Virtute Statuti predicti Forfeiture XXXII Kilb. Precedents 55. 56. A Warrant to levy the penalty of 22 Car. 2. 1 § 3. N. 1. upon the Teacher in a Conventicle To the Constables Borshoulders Headboroughs and Tythingmen of the Hundred of C. in the said County and to the Church-wardens and Overseers of the Poor of the Parish of C. in the County aforesaid and all other Officers within the said County whom the Execution hereof may concern Kent ss Forasmuch as I did this present day receive a Certificate to me directed under the Hand and Seal of W. E. of S. in the County of S. Esq one of his Majesties Justices Assigned for keeping his peace in the said County of S. that G. H. of C. aforesaid Taylor was upon the first day of this Instant August by him Convicted by proof to him made according to an Act of Parliament Entituled An Act to prevent and suppress Seditious Conventicles lately made and provided of being present in the Barn of R. W. of W. in the said County of S. Husbandman and there did take upon him to Preach or teach at a Conventicle the five and twentieth day of July last past under pretence of Exercise of Religion in other manner then according to the Liturgy and Practice of the Church of England and contrary to the form of the Act aforesaid And that therefore being thereof Convicted as aforesaid the said G. H. did forfeit for the said first Offence 20 l. and that he the said Justice had by Virtue
of the said Act imposed on him so convict as aforesaid for his said Offence the said Sum of 20 l. as being thought by him able to pay the same as by the said Certificate appeareth 22 Car. 2. 1. § 13. N. These are therefore by Virtue of the aforesaid Act in his Majesties Name to command you that you some or one of you do forthwith levy the said 20 l. by Distress and Sale of the Goods and Chattels of the said G. H. and that when you or any of you have so levied the said 20 l. or any part thereof that then you they or he that so levied the same do forthwith deliver the Moneys so levied to the aforesaid W. E. to be by him distributed according to the Act aforesaid hereof neither you nor any of you are to fail at your perils Given under my Hand and Seal at A. in the said County of K. 10 Apr. Anno Regni c. 31. Proof XXXIII Kilb. Precedents 57. 58. A Warrant for Witnesses to prove the Conventicle To the Constable Borshoulders Headboroughs and Tythingmen of the Hundred of S. in the said County and every of them Kent ss Whereas we have this day received Information that several persons upon the 19. day of June last past were present in the Parish of S. in the said County at a Conventicle then and there held under Colour of Exercise of Religion in other manner than according to the Liturgy and Practice of the Church of England contrary to the form of an Act of Parliament lately made and provided to prevent and suppress Seditious Conventicles And whereas we are also Informed that the several persons hereunder Named can certifie the Particulars and truth of the Premisses These are therefore in his Majesties Name to command you and every of you that you do give notice to the several Persons that they and every of them are by us Commanded to appear before us at the House of R.K. Esq in H. in the County aforesaid on Wedensday the first day of this Instant August at eight of the Clock in the Forenoon of the same day then and there to testifie their several Knowledges touching the Premisses whereof neither they nor any of them are to fail at their perils And you are further hereby commanded to appear at the time and place aforesaid to make appear unto us what you have done in the Execution hereof hereof also you are not to fail at your peril Given under our Hands and Seals at H. in the said County the Day of c. A. B. of c. c. as many as be C. D. of c. c. as many as be XXXIV Kilb. Precedents 58. 59. A Certificate made by a Justice where the Offenders liev in a Corporation Kent ss S. B. R. K. Esquires Certificate Two of his Majesties Justices assigned to keep the Peace in his County aforesaid to the Chief Magistrate of the Corporation of T. in the said County Greeting Whereas W. S. of T. aforesaid in the County aforesaid Yeoman was this present day before us Convicted according to an Act of Parliament to prevent and suppress Seditious Conventicles lately made and provided of being present in the Dwelling house of J. B. in the Parish of C. in the County aforesaid upon the sixth day of this Instant July at a Conventicle than and there held under Colour of Exercise of Religion in other manner then according to the Liturgy and Practice of the Church of England contrary to the form of the Act aforesaid And we have by Vertue of the said Act imposed upon him a Fine of Five shillings for that his Offence and whereas also the said J. B. was this present day before us also according to the said Act Convicted of his wittingly and willingly suffering the Conventicle aforesaid to be held in his aforesaid Dwelling house contrary to the form of the Act aforesaid for which his Offence he hath forfeited the Sum of 20 l. and for that we do in our Judgments think the said J. B. poor and unable to pay the said Sum of 20 l. by him as aforesaid forfeited we have therefore by our Discretions adjudged one hundred Shillings thereof to be levyed of the Goods and Chattels of the aforesaid W. S. who as aforesaid was present at the same Conventicle And forasmuch as the said W. S. is an Inhabitant in the Corporation aforesaid we do therefore hereby Certifie you of the Premisses to the end you may proceed thereupon as by the said Act is required Given under our Hands and Seals at C. in the said County 20 Novemb. Anno 1679 c. Regni c. 31. Church XXXV Kilb. Precedents 59. 60. A Record of the Conviction of certain Persons taken at a Conventicle Kent ss Memorand ' quod ' S. B. de Parochia de C. c. pro ut c. 31. N. 2. quidam alius homo ignotus in toto se attingnut ad numerum octo personarum quilibet eorum 3 die c. Anno c. ultra aetatem c. subdit ' c. quorum que ad numerum quinque personarum non ad tunc fuerunt defamilia Roberti Kite de predicta Parochia c. in Com. predict ' Mercer in predict ' Parochia de S. eodem 3 Die c. Anno c. Insimul assemblaverunt presentes fuerunt quilibet eorum presens fuit in Donio Mansionali ipsius Roberti Kite in predicta Parochia de S. in Com. predict ' ad assemblationem sub colore c. pro ut c. ad tunc adhuc in pleno robore existent ' Memorand ' etiam quod predict ' homo ignotus ad tunc ibidem assumpsit super se docere in assemblat ' predict ' ad tunc ibidem docuit etiam contra formam ejusdem Statuti Memorand ' etiam quod predict R. Kite tempore supradicto scienter Angl. wittingly voluntariè permisit assemblat ' predict ' fore tenend ' in Domo Mansionali sua predict ' etiam contra formam Statuti predict ' Record ' quarum quidem separalium offensarum nos J. H. Miles W.C.S. B. R. K. Armigeri Justiciarij dicti Domini Regis ad pacem suam in Com. suo predict ' causa assemblat ' quibus secundum formam effectum Statutorum dredictorum separales offensas predict ' sic ut presertur sore Commissa sufficienter apparuit per presentes sub Manibus Sigillis nostris 17 Die Apr. Anno c. 27. supradicto apud C. predict ' in Com. predict ' fecimus predictique S. B. predict ' uxorejus H. S. c. R. K. predict ' Hom ' ignot ' de separalibus offensis suis in Record ' predict ' superius specificat ' per Record ' illud Virtute Statuti predicti plene perfecte convicti sunt quilibet eorum inde separaliter plenè perfecte Convictus est Et nos
presati Justiciarij superinde Virtute Statuti predict ' die Anno Loco ultimo mentionat ' super quemlibet offensorum Auglicè Offenders predict ' sic ut prefertur ad assemblat ' predict ' present ' Existent ' pro separali offensa sua predict ' finem 5 s. Imposumus Predictusque homo Ignotus pro offensa sua predict ' eo quod ipse ut presertur assumpsit super se docere in assemblat ' predict ' ad tunc ibidem docuit forisfecit Summam 20. libr. Virtute Statut ' predict ' Predict ' K. Kite pro offensa sua predict ' eo quod ipse ut prefertur permisit assemblationem predict ' fore tenend ' in Domo Mansionali sua predict ' forisfecit Summam 20 libr. Virtute Statuti illius Et quia in Judicijs nostris putamus predict ' H. S. fore pauperem inhabilem solvere predict ' finem 5 s. super ipsum pro offensa sua predict ' eo quod ipse ut prefertur presens fuit ad assemblat ' predict ' ut prefertur impositum eo quod predict ' fines 5 s. super predict ' Hom ' ignot ' ego quod ipse ut prefertur presens fuit ad assemblat ' predict ' ut prefertur imposuit ' de Bonis et Catallis suis non potest levari ideo ex discretionibus nostris predict ' duos separales fines 5 s. ultimo mentionat ' de Bonis et Catallis predict ' â— B. qui preâ—ertur ad assemblat ' predict ' presens fuit ut nos prefat ' Justiciarij apud C. predict ' in Com. predict ' eodem 17 die Apr. Anno 27 supradict ' sevari adjudicavimus Et quia predict ' homo qui ut prefertur assumpsit super se docere in assemblat ' predict ' et ad tunc et ibidem docuit est extraneus Angl ' a Stranger et nomen et habitatio sua incogn ' existit ideo ex discretionibus nostris predict ' summam 20 libr. per ipsum pro offensa predict ' ut prefertur forisfact ' nos prefati Justiciarij die anno et loco ultimo mentionat ' de Bonis et Catallis separalium personarum hic Postea Mentionat ' levari adjudicavimus modo et forma sequent ' viz. de Bonis et Catallis predict ' J. B. qui c. pro ut c. 9 l. et 10 s. inde et de Bonis et Catallis C. B. qui etiam c. pro ut c. 40 s. inde et de Bonis c. predict ' R. C. qui etiam c. pro ut c. C. S. inde resid ' c. ut in Recordo In quarum omnium rerum testimonium nos prefat ' Justiciarij die Anno et loco ultimo mentionat ' Manus et Sigilla nostra presentibus aposuimus XXXVI Kilb. Precedents 62. 63. Forfeiture A Warrant to levy the Mony upon the Offenders 22 Car. 2. 1. To the Constable and Borshoulder's Headboroughs and Tythingmen of the Hundred of M. and D. in the said County and to every of them and to the Church-wardens and Overseers of the Poor of the Parish of S. in the County aforesaid and to every of them and to all and every other Officers whom the Execution hereof may concern Kent ss Forasmuch as R. L. of the said Parish of S. Mercer was this present day according to an Act of Parliament to prevent and suppress Seditious Conventicles lately made and provided by us Convicted of his wittingly and willingly suffering an Assembly to be holden in his Dwelling house in the said Parish of S. upon the 30. day of March now last past under colour of Exercise of Religion in other manner than according to the Liturgy and Practice of the Church of England contrary to the form of the Act aforesaid by which he hath according to the said Act forfeited the Sum of 20 l. for his said Offence These are therefore in his Majesties Name to command you and every of you forthwith to levy by Distress and Sale of the Goods and Chattels of the said R. K. the aforesaid Sum of 20 l. and you and every of you are in his Majesties Name hereby further commanded that when you or any of you have as aforesaid levied the Sum aforesaid that then they or he having so levied the same do forthwith deliver the same to us or one of us to be distributed according to the said Act hereof neither you nor any of you are to fail at your perils Given under our Hands and Seals at C. c. XXXVII Kilb. Precedents 63. 64. Religion A Condition of a Recognizance in case of an Appeal made touching Conventicles on 22 Car. 2. 1. § 7. N. 1. The Condition of this Recognizance is such That whereas R. G. of R. in the within named County of Kent Gentleman was lately Convicted by the within named Justices of taking upon him to teach in an Assembly lately held in the Parish Church of S. within written under pretence of Exercise of Religion in other manner than according to the Liturgy and Practice of the Church of England against the form of the Statute lately made to prevent and suppress Seditious Conventicles and had therefore according to the Statute aforesaid forfeited the Sum of 20 l. And for that in the Indictments of the said Justices they did think the said R. G. unable to pay the said Sum 20 l. they did therefore by their Discretions adjudge S l. thereof to be levied by Distress and Sale of the Goods and Chattels of the within Bounden W. W. who was also according to the said Statute Convicted of being present at the said Assembly contrary to the Statute aforesaid And whereas the said W. W. was also by the said Justices Convicted for that he at the time of the said Assembly was one of the Church-wardens of the said Parish and knowing the said Assembly to be holden within the same did not give Information thereof to any Justices of Peace nor endeavour the Conviction of the Parties which were at the said Assembly nor of any of them according to the Duty of his said Office but wittingly and willingly did omit the performance of his Office aforesaid in the Execution of the said Statute against the form of the same by which he forfeited the Sum of 5 l. And the said two several Sums of five pounds have by Warrant of the said Justices been levied of the Goods and Chattels of the said W. W. and he hath the day and year within written appealed from the Justices aforesaid to the Judgment of the Justices of Peace of the said County in their next Quarter-Sessions if therefore the said W. W. do prosecute the said Appeal with effect that then this Recognizance shall be void or else it shall stand in full force And forasmuch also as the aforesaid Wife of S. B. is a Feme Covert cohabiting with the said S.B. her Husband these are therefore
c. pro ut supra c. forthwith to levy the aforesaid 5 s. so imposed upon her as aforesaid by distress c. pro ut c. And forasmuch as a Man unknown did then and there take upon him to Preach or teach c. pro ut the record supra You may levy 20 l. upon any the Offenders as in your Judgments shall seem fit Forfeiture XXXVIII Kilb. Precedents 65. 66. 67. 68. A Warrant to levy the Money upon the Offenders on 22 Car. 2. 1. To the Constable c. ut supra Kent ss Forasmuch as W. W. of the aforesaid Parish of S. Gent. one of the Church-Wardens of the said Parish J. H. of the parish aforesaid Yeoman the other Church-Warden of the said Parish T. N. of the Parish aforesaid Chandler one of the Overseers of the Poor of the said Parish J. W. the Elder of the Parish aforesaid Yeoman G. P. c. W. H. of the Parish aforesaid Headborough of the North-borough in the said Parish c. were every of them this present day by us Convicted according to an Act of Parliament to prevent and suppress Seditious Conventicles lately made and provided of being present in the Parish Church of S. aforesaid in the County aforesaid upon Sunday the 19. day of June last past between the hours of nine and twelve before Noon the same day at an Assembly then and there held under pretence of Exercise of Religion in other manner than according to the Liturgy and Practice of the Church of England contrary to the form of the Act aforesaid and we have by vertue of the said Act imposed upon every of the said Offenders so Convicted as aforesaid a Fine of 5 s. for that his respective Offence These are therefore in his Majesties Name to Command you and every of you forthwith to levy upon every of the said Offenders respectively by Distress and Sale of his respective Goods and Chattels the aforesaid Fine of 5 s. And Forasmuch as R. G. of R. in the said County Gent. did then and there take upon him to teach in the Assembly aforesaid and did then and there teach against the form of the Act aforesaid and was this present day by us according to the said Act Convicted of his said Offence and he hath for the same forfeited the Sum Twenty pounds And for that in our Judgments we do think the said R.G. is unable to pay the said Sum so forfeited as aforesaid we have therefore by our Discretions adjudged the same to be levied of the Goods and Chattels of the aforesaid W. W. J. H. D. P. J. C. who as aforesaid were all of them present at the Assembly and are thereof as aforesaid Convicted And the same Sum of 20 l. to be levyed in manner following that is to say one C. S. thereof of the Goods and Chattels of the said J. H. other one C. s. thereof of the Goods and Chattels of the said D. P. and the other one C. s. thereof residue of the Goods and Chattels of the said J. C. These are therefore in his Majesties Name to command you and every of you forthwith to levy one C. s. parcel of the said Sum of 20 l. by distress and Sale of the Goods and Chattels of the said W.W. and to levy other one C. s. other parcel of the said Sum of 20 l. by distress and Sale of the Goods and Chattels of the said J. H. and to levy other one C. s. other parcel of the said Sum of 20 l. by distress and Sale of the Goods and Chattels of the said D. P. and to levy the other one C. s. residue of the said Sum of 20 l. by distress and Sale of the Goods and Chattels of the said J. C. And forasmuch as T. H. of the aforesaid Parish of S. Labourer was this present day by us Convicted according to the Act aforesaid of being present at the Assembly aforesaid contrary to the said Act and we have also by Vertue of the Act aforesaid imposed upon him a Fine of 5 s. for that his Offence and for that we do in our Judgments think the said T. H. poor and unable to pay the said Sum of 5 s. upon him for his said Offence imposed as aforesaid we have therefore by our Discretions adjudged the same to be levyed of the Goods and Chattels of the said J. W. who as aforesaid is Convicted of the like Offence at the same Assembly These are therefore in his Majesties Name to command you and every of you forthwith to levy the said fine of five 5 s. by distress and Sale of the Goods and Chattels of the said J. W. And for as much as T. H. of B. in the County aforesaid Master was was this present day by us convicted according to the Act aforesaid of being present at the Assembly aforesaid contrary to the said Act and for that the said T. H. heretofore committed the like Offence and according to the form of the Act aforesaid was thereof convicted therefore he for his said Offence of being present at the Assembly herein before mentioned hath incurred the penalty of 10 s. These are therefore in his Majesties Name to command you and every of you forthwith to levy the said 10 s. by distress and Sale of the Goods and Chattels of the said T. H. And forasmuch as Mary the Wife of the said J. W. and E. the Wife of the said J. C. were both of them this present day by us Convicted Bar Feme according to the Act aforesaid of being present at the Assembly aforesaid contrary to the said Act and we have by vertue of the Act aforesaid imposed upon the said Mary a Fine of 5 s. for that her said respective Offence and we have also by vertue of the said Act imposed upon the said E. a Fine of 5 s. for her said respective Offence and for that the said Mary is a Feme Covert cohabiting with the said J. W. her Husband and the said E. is also a Feme Covert cohabiting with the said J. C. her Husband These are therefore in his Majesties Name to command you and every of you forthwith to levy the aforesaid fine of 5 s. so imposed upon the said Mary as aforesaid by distress and Sale of the Goods and Chattels of the said J. W. and to levy the aforesaid Fine of 5 s. so imposed upon the said E. as aforesaid by distress and Sale of the Goods and Chattels of the said J. C. And Forasmuch as the aforesaid W. W. at the time of the said Assembly â—fficer was and still is one of the Church-wardens of the Parish of S. aforesaid and the aforesaid J. H. then also was and still is the other Churchwarden of the aforesaid Parish and the aforesaid T. N. then was and still is one of the Overseers of the Poor of the said Parish and the said W.H. then was and still is Headborough of the Northborough in the
Parish aforesaid and every of them was this present day by us according to the said Act Convicted for that he knowing the Assembly aforesaid in form aforesaid to be holden within his aforesaid Parish did not give Information thereof to any Justice of Peace nor Endeavour the Conviction of the Parties aforesaid or any of them but wittingly and willingly did omit the Performance of his duty in Execution of the Act aforesaid against the form of the said Act for which offence every of them respectively hath forfeited the Sum of 5 l. These are therefore in his Majesties Name to Command you and every of you to levy the Sum of 5 l. by the said W. W. so forfeited as is last before mentioned by distress and Sale of his Goods and Chattels and to levy c. of the rest in like manner c. and you and every of you are hereby in his Majesties name further commanded that when you or any of you have as aforesaid levied the several Fines and forfeitures aforesaid or any of them that then they or he so having levyed the same do forthwith deliver the same to us or one of us to be destributed according to the said Act hereof neither you nor any of you are to fail at your peril Given c. Record XXXIX Kilb. Precedents 70. 71. A Memorial of a Record of a Conventicle Kent ss A Memorial of the Account of the Moneys mentioned in the Record Certified at the Quarter-Sessions of the Peace holden for the said County at M. in the County aforesaid on Tuesday next after the Close of Easter 1679. by Sir J. H. Knight W.C.S.B. and R. K. Esquires four of his Majesties Justice of the Peace of the said County forfeited as in the said Record is mentioned in an Assembly holden in the Dwelling-house of R. K. in the Parish of S. in the County aforesaid under colour of Exercise of Religion in other manner than according to the Liturgy of the Church of England upon the 30. day of March 1679. His Majesties third part of the said Forfeitures by the said Justices tendred into the Court of the General Sessions of the Peace holden for the said County at M. aforesaid on Tuesday next after the close of Easter 1679. and by Appointment of the same by the said Justices paid to Sir J.C. Knight and Baronet Sheriff of the said County to his Majesties use viz. For R. C. xx d. and xx d. and xxxix s. iv d. 2 l. 2 s. 8 d. All which was levyed and paid to the said Justices since the last general Sessions of the Peace holden for the said County at M. aforesaid viz. summa patet And as concerning the Moneys in the said Record mentioned to be payable by the several persons here under named his Majesties third part whereof cometh to as followeth viz.  l. s. d. R. B. xx d. and xx d. and iii l. iii s. iv d. in all 3 6 8 C. B. xx d. xx d. xx d. and 13 s. 4 d. in all 0 18 4 J. B. xx d. and xxiii s. iv d. in all 1 5 0 R. K. 6 13 9 in all 12 3 9 The said Justices do say that they did upon the seventeenth day of April 1678 being the day of the Convictions of the Persons aforesaid for their Offences in the said Record mentioned make out their Warrants for levying thereof but they have not as yet received the same or any part thereof nor is the same or any part thereof as yet levied that they know of though they have diligently inquired after the same XL. Kilb. Precedents 72. 73. Imprisonment A Mittimus thereupon upon the first Offence by 22 Car. 2. 1. § 2. N. 2. 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 B. in the County aforesaid Kent ss Forasmuch as C. B. was this present day according to the form of an Act of Parliament lately made intituled an Act to prevent and suppress Seditious Couventicles Convicted by Record by us viz. two Justices made of being present in the Parish of C. 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 whereas we did upon the said Conviction Fine the said C.D. 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 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 by the space of viz. not exceeding three Months next after such delivery of him unto you hereof fail not at your perils Given under our hands 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 the Offender or her Husband if a Feme Covert have 5 l. per Annum Freehold or Copyhold or 50 l. in Goods XLI Kilb. Precedents 73. 74. Imprisonment A Mittimus upon the second Offence 22 Car. 2. 1. 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 in 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 whereas we did upon the said conviction Fine the said C. D. viz. not Exceeding 10 l. for his said Offence and he did not pay the said Fine unto us And forasmuch as the said C. D. hath been once before that time convicted of the like Offence contrary to the Act aforesaid 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 by the space of viz. not Exceeding six Months next after such delivery of him unto you hereof fail not c 2. The like Mittimus Mutatis
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
Borshoulders of the Hundred of A. and to every of them Kent ss Forasmuch as it hath been duly proved before me that A. B. Keeper of his Majesties Goal at C. in the County aforesaid did upon the 10. day of June last past permit D.E. to go at large contrary to the Warrant of his Commitment made by vertue of an Act of Parliament lately made intituled An Act to prevent and suppress Seditious Conventicles and contrary to the Act aforesaid These are therefore in his Majesties Name to Charge and Command you and every of you that you some or one of you do levy upon the Goods and Chattels of the said A.B. Ten pounds by him forfeited for his said Offence and that you do pay the Moneys so levied to the Church-Wardens of the Parish of T. in the said County for the relief of the poor of the Parish Given under our Hands and Seals the day of c. 2. The like Mittimus Mutatis Mutandis if the Keeper of the House of Correction suffer the Offender to go at large Escape XLVIII Kilb. Precedents 82. 83. the like Mittimus for suffering one at large to Joyn with the Offender in the Exercise of Religion To the Constable c. Kent ss Forasmuch as it hath been duely proved before us that A. B. Keeper of his Majesties Goal at C. in the County aforesaid did upon the 10. day of June last past permit E. F. being then a Person at large to joyn with D. E. a Person Committed to his custody by vertue of an Act of Parliament lately made Intituled an Act to prevent and suppress Seditious Conventicles in the Exercise of Religion differing from the Rights of the Church of England contrary to the Act aforesaid These are therefore in his Majesties Name to charge and command you and every of you that you some or one of you do levy upon the Goods and Chattels of the said A. B. Ten Pounds by him forfeited for his said Offence and that you do pay the Moneys so levied to the Church-Wardens of the Parish of T. the Parish where the Offender did last inhabit in the said County for the relief of the Poor of the said Parish Hereof fail not at your perils Given under our Hands and Seals the day of c. 2. The like Mutatis Mutandis against the Keeper of the House of Correction if he offend in the like Case Dignity XLIX Kilb. Precedents 83. 84. A Warrant to levy the forfeiture of a Peer on the first Conviction 22 Car. 2. To the Constable and Borshoulders of the Hundred of A. and to every of them Kent ss Forasmuch as T. Lord C. a Peer of this Realm was this present day according to the form of An Act to prevent and suppress Seditious Conventicles Convicted by Record by us made of being present in the Parish of V. 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 These are therefore in his Majesties Name to charge and command you and every of you that you some or one of you do levy upon the Goods and Chattels of the said T. Lord C. Ten pounds for the Offence aforesaid and that you do pay the Moneys so levied to the Church-Wardens of the aforesaid Parish of V. for Relief of the Poor of the said Parish hereof fail not at your perils Given under our Hands and Seals the day of c. 2. The like for the second Conviction c. and the like for a Peers suffering a Conventicle the first and second conviction L. Kilb. Precedents 868. Imprisonment A Mittimus for a Nonconformist c. on 17 Car. 22. § 5. N. 1. 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 M. in the County aforesaid Kent ss Forasmuch as it hath been duly proved before us viz. two Justices c. that A. B. Parson Vicar Curate Lecturer or other Person in holy Orders Stipendary or other Person who hath been possessed of any Ecclesiastical or Spiritual promotion who hath not declared assent to the Common Prayer pro ut the Act of 14 Car. 2. or Preacher in Conventicle upon the 12. day of c. or c. was within five Miles of D. a City Town Corporate or Borrough that sends Burghesses to Parliament or of any Parish Town or place wherein he or they have since the Act of Oblivion been Parson Vicar Curate Stipendary or Lecturer or taken upon them to Preach in a Conventicle contrary to the form of the Statute in that Case made and provided Intituled an Act for restraining Nonconformists from inhabiting in Corporations These are therefore in his Majesties Name to will and require you to take the said A. B. and him convey to the 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 for six Months without Bail or Mainprise hereof fail not at your perils Given under our Hands and Seals c. LI. West symâ—â— 2 part 101 b. 102. sect 95. Church An Indictment for absence from Church c. 1 Eliz. 2. § 14. N. 1. supra Essex ss Juratores pro Domino rege super Sacrament ' suum presentant ' quod cum in statuto in Parliament ' Dom ' Eliz. Dei Gratia c. Anno regni sui primo tent ' apud W. in Com. M. inter alia inactitat ' ordinat ' existit quod post Festum Sancti Johan ' Bapt ' Anno Regni Dictae Dominae Reginae omnis singula persona sive personae Inhabitant ' in hoc Regno Angliae aut aliquo alio Dominiorum dictae Dominae Reginae diligenter fideliter habentes nullam legalem seu rationabilem Excusationem abessendi adnitentur adire suam Parochialem Ecclesiam vel Capellam consuetam vel super rationabile impediment ' aliquem usitatum locum ubi communes precationes Divina servitia in Actu illo mentionat ' Celebrat ' fuerint tempore talis impediment ' quodlibet die Dominico alijs diebus ordinarijs usitatis observari ut Feestivis Diebus tunc ibidem manâ—re secundum ordinem sobriè durante tempore Precium communium Predecationum aut aliorum divinorum Servitiorum ibidem utend ' ministrand ' sub pena punitionis per censuras Ecclesiae etiam sub pena quod quilibet persona sic offendens forisfaciat pro qualibet tali offensa 12. denarios levand ' per Gardianos Ecclesiae parochialis ubi talis offensa foret fact ' ad usum pauperum Inhabitent ' ejusd ' parochiae de bonis terris tenementis offend ' per medum districtionum pro
Apprehended with Bundles c. of Wood c. to make satisfaction c. for the same to the Owner The 1 Offence 15 Car. 2. 2. § 3. N. 1. Kent ss Forasmuch as A. B. of C. was within five days last past Apprehended by J. S. An Officer or Inhabitant of c. having or carrying or any ways conveying a Bundle of any kind of Wood c. and this day brought before me to give account how he came by the said Wood c. by the consent of the Owner according to an Act of Parliament lately made intituled An Act for the punishment of unlawful cutting or stealing or spoiling of Wood and Vnderwood and destroying of young Tymber Trees and for that he did not give such account thereof as did satisfie me nor produce the party of whom he bought the same or any other credible witness to depose upon Oath such sale thereof whereby he is according to the said Act by me deemed and adjudged as convict of the Offence of cutting and spoiling of the said Wood c. within the meaning of another Act of Parliament which was made in the forty third year of the Raign of the late Queen Elizabeth Intituled An Act to Avoid and prevent misdemeanors in idle and lewd Persons and forasmuch as it appeareth unto me that C. D. of c. was lawful Owner of the said Wood c. I do therefore according to the said first before mentioned Act order and appoint that the said A. B. shall within six days now next ensuing given the said C. D. c. the Sum of c. of lawful Money of England for recompence and satisfaction for his Dammages and that the said A. B. shall over and above pay down presently unto the Overseers for the use of the Poor of the Parish of T. in the said County where the said Offence was committed the sum of c. of lawful Mony Given under our Hands and Seals the 10 day c. Anno c. VII Kilb. Precedents 223 224. A Warrant for not obeying the Justices Order 5 Car. 2. 2. § 3. N. 2. To the Constable and Borshoulders of the Hundred of A. in the said County and to every of them and to the Keeper of the House of Correction for the said County at B. in the County aforesaid Kent ss Whereas A. B. of C. within 8 days last past was Apprehended by J. S. Officer or Inhabitant c. having c. a Bundle of Wood c. and lately brought before me to give account how he came by the said Wood c. by the consent of the Owner according to an Act of Parliament lately made Intituled An Act for the punishment of unlawful cutting or stealing or spoiling of Wood and Vnderwood and destroyers of young Tymber trees and for that he did not give such an account thereof as did satisfie me nor did produce the Party of whom he bought the same or any other credible Witness to depose upon Oath such Sale thereof whereby he was then according to the said Act by me deemed and adjudged as convict of the Offence of cutting and spoiling of the said Wood c. within the meaning of one other Act of Parliament which was made in the forty third year of the Raign of the late Queen Elizabeth Intituled An Act to avoid and prevent divers Misdemeanors in idle and lewd Persons and whereas it then appeared unto me that C. D. of c. was Owner of the said Woods c. and I did therefore according to the said first before mentioned Act order and appoint that the said A. B. should within 6. days then next ensuing give the said C. D. c. the Sum of c. of lawful Mony of England for recompence and satisfaction for his Dammages And that the said A. B. should over and above pay down then presently to the Overseers for the use of the Poor of the Parish of T. in the said County where the said Offence was committed the Sum of c. of like Mony and forasmuch as the said A.B. did not according to the said order and Appointment give or pay the Moneys aforesaid These are therefore in his Majesties Name to charge and command you the said Constable and Borshoulders and every of you forthwith to convey the said A. B. to the aforesaid House of Correction and him there deliver to the Keeper of the same together with this Precept commanding also you the said Keeper to receive him into the said House and him there detain by the space of _____ Days next after such your receit of him hereof fail not at your perils Given under my Hand and Seal the 10. day c. Anno c. 2. Nota The Justice may if he think fit not send the Offender to the House of Correction but may make a Warrant to the Constable c. to whip him which may be made with the same recitals as in the last Precedent Warrant c. thus These are therefore in his Majesties Name to charge and command you to whip the said A. B. for the said Offence hereof fail not c. VIII Kilb. Precedents 225. A Mittimus to the House of Correction for the second like Offence on 15 Car. 2. 2. § 3. N. 3. To the Constables and Borsholders of the Hundred of A. in the said County and to every of them and to the Keeper of the House of Correction for the said County aforesaid at B. in the County aforesaid Kent ss Whereas c. ut supra and after 43 Eliz. 7. thus and forasmuch as the said A. B. was once before Convict of the said Offence and was thereof so Convicted as before These are therefore in his Majesties Name to Charge and Command you the said Constable and Borsholders to convey the said A. B. to the aforesaid House of Correction 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 House and there keep him one Month to hard labour hereof fail not at your perils Given under my Hand and Seal the 10 day c. Anno c. IX Kilb. Precedents 226. An Order against the Buyer of stoln Wood c. 15 Car. 2. 2. § 4. N. 1. Kent ss Forasmuch as upon Examination by me this day according to an Act of Parliament lately made Intituled An Act for the punishment of unlawful cutting or stealing or spoiling of Wood and Vnderwood and destroying of young Timber-trees it appeared unto me that A.B. of c. did within six days last past buy a burthen of Wood Piles Sticks Underwood young Trees Bark or Bass Gates Stiles Posts Pales Rails Hedgwood Broom or Furz of E. F. being a Person justly suspected to have unlawfully come by the same and that the same was unlawfully come by and unlawfully taken from C. D. of c. and was of the value of c. of lawful Money of England I do therefore
according to the said Act Award that the said A. B. shall pay to the said C. D. the Sum of c. of lawful Money of England being the treble value of the Wood c. aforesaid Given under my Hand Seal the 10 day c. Anno c. X. Kilb. Precedents 227. A Warrant to levy Money upon the Buyer of stoln Wood 15 Car. 2. 2. § 4. N. 2. To the Constable and Borsholders of the Hundred of A. in the said County and every of them Kent ss Whereas lately by Examination by me taken according to an Act of Parliament lately made Intituled An Act for the punishment of unlawful cutting or stealing or spoiling of Wood and Vnderwood and destroying of young Timber-trees it appeareth unto me that A. B. of c. did within six days last past buy a burthen of Wood c. of E. F. being a person justly suspected to have unlawfully come by the same and that the same was unlawfully come by and unlawfully taken from C. D. of c. and was of the value of c. of lawful Money of England I did therefore according to the said Act Award that the said A. B. should pay to the said C. D. the Sum of c. of lawful Money of England being the treble value of the Wood c. aforesaid and forasmuch as the said A. B. hath not paid to the said C. D. the aforesaid Sum of c. according to my said Award These are therefore in his Majesties Name to Charge and Command you to levy the said Sum of c. by Distress and Sale of the Goods of the said A. B. rendring to him the Overplus and after you have so levied the said Sum of c. forthwith to pay the same to the said C. D. hereof fail not at your perils Given under my Hand Seal the 10 day c. Anno c. XI Kilb. Precedents 228. A Mittimus against the Buyer of stoln Wood c. for want of Distress on 15 Car. 2. 2. § 4. N. 3. To the Constable and Borsholders of the Hundred of A. in the said County and to every of them and to the Keeper of his Majesties Goal for the County aforesaid at T. in the said County Kent ss Whereas lately c. prout supra and forasmuch as you the said Constable have retorned unto me that in default of such Distress you cannot levy the aforesaid Sum of c. These are therefore in his Majesties Name to Charge and Command you the said Constable and Borsholders and every of you to Attach the said A. B. and him safely convey to his Majesties Goal aforesaid at his own Charge 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 one Month without Bail hereof fail not at your perils Given under my Hand and Seal the 10 day c. Anno c. Wool see Drapery VVomen Rape Baron Feme I. LAmbert Precedents 7 b. pl. 19. An Endictment for the Rape of a Woman-Child under Ten years of Age on 18 Eliz. 7. § 4. N. 1. Kanc. ss Juratores pro Domino Rege super Sacrament ' suum presentant quod G. D. de B. in Com. predict ' Waterman tertio die Julij Anno Regni c. apud B. predict ' in dicto Comitat ' in Domo Mansionali ibidem cujusdam A. S. Holster Vi Armmis in quandam M. N. de R. predict ' in dicto Comitat ' puellam infra etatem 10 Annorum tunc existent ' insultum fecit ac tunc ibidem eandem M.N. felonicè ac carnaliter cognovit ac eandem M. N. nequiter abusus est contra pacem dicti Domini Regis nunc ac contra formam Statuti in Parliament ' Dominae Reginae Elizab ' tent ' apud Westm ' in Com. Middlesex Anno dicti Regni sui 18 in hujusmodi casu provisi ac editi II. Lambert Precedents 8. pl. 20. An Endictment for the Rape of a Maid of above Ten years old on 13 Ed. 1. W. 2. cap. 34. See P. 11 H. 7. 22. pl. 11. Kanc. ss Juratores pro Domino Rege super Sacrament ' suum presentant quod B.C. de E. in dicto Comitatu Tavernor 5 die Octob. Anno Regni c. apud E. predict ' in Com. predict ' in quodam loco ibidem vocat ' le Bower Vi Armis in quandam A. K. de E. predict ' in Com. predict ' Virginem aetatis 16 Annorum tunc ibidem in Pace Dei dicti Domini Regis existent ' insultum fecit ac tunc ibidem eandem A. contra voluntatem ipsius A. felonicè rapuit carnaliter cognovit contra Pacem dicti Domini Regis nunc ac contra formam cujusd ' Sâ—atut ' in Parliament ' Domini Edw. olim Regis Angliae primi tent ' apud Westm ' in Com. Middlesex Anno Regni sui 13 in hujusmodi casu provisi ac editi Crompt 259. pl. 88. III. Lamberts Precedents 8. pl. 21. An Endictment for taking away a Widow against her will that hath Lands on 3 H. 7. 2. § N. Kanc. ss Juratores pro Domino Rege super Sacrament ' suum presentant quod A. B. de C. in Com. predict ' Singing-man secundo die Apr. Anno Regni c. Vi Armis in Domum Mansionalem cujusd ' A. B. de C. predict ' in Com. predict ' Viduae infra Parochiam de C. predict ' in Com. predict ' intravit quae quidem H. B. tunc seisita fuit in Dominico suo ut de feodo de in diversis terris tenement ' in C. predict ' in Com. predict ' Clari Annui valoris 10 librarum ultra omnes reprisas existent ' ac immediatè postea viz. dicto secundo die Apr. Anno supradicto idem A. B. predict ' H. B. tunc ibidem in dicta Domo sua in Pace Dei ac dicti Domini Regis existent ' ex dicta Domo sua Mansionali contra voluntatem ipsius H. B. illegitimè ac felonicè extraxit eripuit abduxit ac eandem H. B. postea scil tertio die dicti Mensis Aprilis Anno supradicto in Ecclesia Parochiali de C. predict ' in Com. predict ' cepit in uxorem suam ubi idem A. B. dicto tempore extractionis abductionis predict ' non clamavit nec clamare potuit eandem H.B. tanquam wardam suam aut tanquam Nativam suam in magnam Pacis dicti Domini Regis nunc perturbationem ac contra formam cujusdam Statuti in Parliament ' Domini Henrici nuper Regis Angliae sâ—ptimi tent ' Anno Regni sui tertio in hujusmodi casu provisi ac editi West Symb. 2 part 135. Sect. 224. IV. Crompt 258 b. 259. pl. 87. An Endictment for a Rape on 3 Ed. 1. W. 1. cap. 13. Dalt 281. cap. 107. Staff ss Juratores pro Domino Rege
of Peace but only in the common Gaol Saving to Lords and other their Franchise in this Case Peace And that the Peace within the Realm be holden and kept so 7 H. 4. cap. ◠§ 1. N. 4â— that all the Kings Leige people and Subjects may from henceforth safely and peacably go come and abide according to the Laws and Vsages of the same Realm Games And the Iustices of Peace in every County of England C. 7. § 1. N. 6. and also the Mayor and Sheriffs and Bailiffs of Cities and Boroughs within the same Cities and Boroughs shall have power to inquire of all such deceitful makers of Heads and Quarels viz. of Arrows and to punish them as aforesaid Riot None shall be punished for repressing the late Riots Cap. 18. Justices Item It is ordained and established that if any Riot Assembly 13 H. 4. Cap. 7 or Rout of People against the Law be made in parties of the Realm that the Iustices of Peace three or two of them at the least and the Sheriff or Vnder-Sheriff of the County where such Riot Assembly or Rout shall be made hereafter shall come with the power of the County if need be to arrest them and shall arrest them 2 H. 5. cap. 8. and 19 H. 7. cap. 13. § 1. N. 2. And the same Iustices and Sheriff or Vnder Sheriff Record shall have power to record that which they shall find to be done in their presence against the Law 2 H. 5. cap. 8. § 1. N. 2. and 19 H. 7. cap. 13. § 1. N. 2. § 1. N. 3. And that by the Record of the same Iustices and Sheriff Sheriff or Vnder-Sheriff such Trespassers and Offenders shall be convict in the manner and form as is contained in the Statute of forcible Entries viz. 5 R. 2. Cap. 7. § 1. N. 3. and 15 R. 2. Cap. 2. § 1. N. 3. 2 H. 5. Cap. 8. § 1. N. 2. and 19 H. 7. Cap. 13. § 1. N. 3. § 1. N. 4. And if it happen that such Trespassers and Offenders be departed before the coming of the said Iustices Sheriff and Vnder Sheriff Enquest that the same Iustices three or two of them shall diligently enquire within a Month after such Riot Assembly or Rout of people so made and thereof shall hear and determin according to the Law of the Land 2 H. 5. Cap. 8. § 1 N. 3. and 19 H. 7. 13. § 1. N. 4. § 2. N. 1. And if the truth cannot be found in the manner as is aforesaid Certificat then within a Month then next following the Iustices three or two of them and the Sheriff or Vnder Sheriff shall certifie before the King and his Counsel all the Deed and Circumstances thereof 2 H. 5. Cap. 8. § 1. N. 4 and 19 H. 7. Cap. 13. § 1. N. 9. § 2. N. 2. Which Certificat shall be of like force as the Presentment of twelve Judgment upon which Certificat the said Trespassers and Offenders shall be put to Answer 2 H. 5. Cap. 8. § 1. N. 4. § 2. N. 3. And they which shall be found guilty Execution shall be punished according to the Discretion of the King and his Counsel 2 H. 5. Cap. 8. § 1. N. 5. § 3. N. 1. And if such Trespassers and Offenders do Traverse the matter so certified the same Certificat and Travers Travers shall be sent into the Kings Bench there to be tryed and determined as the Law requireth § 3. N. 2. And if the same Trespassers do not appear before the King and his Counsel or in the Kings Bench at the first Precept Process there shall be another Precept directed to the Sheriff of the County to take the said Trespassers and Offenders if they may be found and to bring them at a certain day before the King and his Counsel or into the Kings Bench. § 3. N. 3. And if they cannot be found that the Sheriff Notice or Vnder Sheriff shall make Proclamation in his full County next ensuing the delivery of the second Precept that they shall appear before the King and his said Counsel or in the Kings Bench or in the Chancery in time of Vacation within three weeks then next following § 3. N. 4. And in case the same Offenders come not as afore is said Attainder and the Proclamation made and returned they shall be Convict and Attainted of the Riot Assembly or Rout aforesaid notwithstanding any Article or Ordinance made to the contrary § 4. N. 1. And moreover that the Iustices of Peace 2 H. 5. C. 8. § 1. N. 6. dwelling nighest in every County where such Riot Assembly Justices or Rout of people shall be made hereafter together with the Sheriff or Vnder Sheriff of the same County and also the Iustices of Assises for the time that they shall be there in their Session in case that any such Riot Assembly or Rout be made in their presence shall do Execution of this Statute every one upon pain of an hundred pounds to be paid to the King as often as they shall be found in Default of the Execution of the same Statute Statuta Hen. 5. 2 H. 5. C. 4. ITem Forasmuch as the Servants and Labourers Apprentice of the Shires of the Realm do fly from County to County because they would not be Iustifiby the Ordinances and Statutes by the Law for them made to the great damage of Gentlemen and others to whom they should serve because that the said Ordinances and Statutes for them ordained be not Executed in every Shire Trades § 1. N. 2. Our Lord the King willing in this case to provide a Remedy by the Advise and Aâ—sent aforesaid and at the request of the said Commons hath ordained and established that the Statute of Labourers made at Canterbury viz. 12 R. 2. Cap 3. c. and all other good Statutes of Labourers made and not repealed be firmly holden and kept and put in due Execution Process § 1. N. 3. And moreover that the Iustices of Peace have power to send their Writs for such fugitive Labourers to every Sheriff of the Realm of England and to make Process as the Statute requireth to bring them before them to answer to our Soveraign Lord the King and to the parties of the Contempts and Trespasses made or done against the Ordinances and Statutes aforesaid in like manner as the Iustices have power to send to every Sheriff for the Felons before them Indicted Apprentice And also that all the Statutes and Ordinances of Labourers § 1. N. 4. Servants and Artificers before this time made and not repealed be Exemplified under the great Seal and sent to every Sheriff of the Realm of England thereof to make Proclamation in the full County and after this Proclamation so made that every Sheriff shall cause the said
Authority of this present Parliament 4 H. 7. C. 12. Item The King our Soveraign Lord considereth that by the negligence Justices misdemeaning favour and other Inordinate Causes of Iustices of Peace in every Shire of this his Realm the Laws and Ordinances made for the politick-weal peace and good-rule of the same and for the profit surety and restful living of his Subjects of the same be not duly Executed according to the tenor and effect of that they were made and ordained for § 1. N. 2. Wherefore his Subjects been greivously hurt Prerog and out of surety of their Bodies and Goods to his great displeasure for to him is nothing more joyous than to know his Subjects to live peaceably under his Laws and to encrease in Wealth and Prosperity § 1. N. 3. And to avoid such Enormities and Injuries Peace so that his said Subjects may live restfully under his Peace and Laws to their Encrease § 1. N. 4. He will that it be Ordained and Enacted by Authority of this said Parliament Days that every Iustice of Peace within every Shire of this Realm within the Shire where he is Iustice of Peace do cause openly and solemnly to be proclamed yearly four times a year in four principal Sessions the tenor of this Proclamation to this Bill annexed § 1. N. 5. And that every Iustice of Peace being present at any of the said Sessions Justices if they cause not the said Proclamations for to be made in form abovesaid shall forfeit unto our Soveraign Lord at every time twenty shillings § 2. N. 1. Henricus Dei Gratia c. The King our Soveraign Lord considereth Execution how daily within this Realm his Coin is Traiterously Counterfeited Murders Robberies Felonies been greivously committed and done and also unlawful Reteyners Idleness unlawful Plays Extortions Misdemeanings of Sheriffs Escheators and many other Enormities and unlawful Demeanings daily grown more and more within this Realm to the great Displeasure of God Hurt and Impoverishing of his Subjects and to the Subversion of the Policy and good Governance of this his Realm for by these sad Enormities and Mischeifs his Peace is broken his Subjects troubled inquieted and impoverished the Husbandry of this Land decayed whereby the Church of England is upholden the Service of God continued every man thereby hath his sustenance every Inheritor his rent for his Land Process For repressing and avoyding of the said mischeifs sufficient Laws and Ordinances been made by Authority of many and divers Parliaments holden within this Realm to the great cost of the King § 2. N. 2. his Lords and Commons of the same and lacketh nothing but that the said Laws be not put in due execution which Laws ought to be put in due execution by the Iustices of Peace of every Shire of this Realm to whom his Grace hath put and given full authority so to do sith the beginning of his reign Justices And now it is come to his knowledg § 2. N. 3. that his Subjects be little cased of the said mischeifs by the said Iustices but by many of them rather hurt than helped and if his Subjects complain to these Iustices of Peace of any wrongs done to them they have thereby no remedy and the said mischeifs do increase and be not subdued Peace And his Grace considereth § 2. N. 4. that a great part of his wealth and prosperity of his Land standeth in that that his Subjects may live in surety under his Peace in their bodies and goods and that the Husbandry of this Land may increase and be upholden which must be had by due execution of these Laws and Ordinances chargeth and commandeth the Iustices of the Peace of this his Shire to endeavour them to do and execute the tenor of their Commission and the said Laws and Ordinances ordained for the subduing of the premises as they will stand in love and favour of his Grace and in avoyding of the pains that are ordained if they do the contrary Process And moreover he chargeth and commandeth § 2. N. 5. that every man what degree or condition that he be of that let them in word or deed to execute their said authority in any manner and form abovesaid that they shall shew it to his Grace and if they do it not and it come to his knowledg by other than by them they shall not be in his favour but taken as men out of credence and be put out of Commission for ever Execution And over this he chargeth and commandeth all manner of men as well the poor as the rich which be to him all one in due ministration of Iustice that is hurt or grieved in any thing § 2. N. 6. that the said Iustice of Peace may hear determine or execute in any wise that he so grieved make his complaint to the Iustice of Peace that next dwelleth unto him or to any of his fellows and desire a remedy Justices And if then he have no remedy § 2. N. 7. if it be nigh such time as his Iustices of Assizes come into that Shire that then he so grieved shew his complaint to the same Iustices Chancery And if then he have no remedy § 2. N. 8. or if the complaint be made long afore the coming of the Iustices of Assize then he so grieved come to the Kings Highness or to his Chancellor for the time being and shew his grief Process And his said Higness then shall send for the said Iustice to know the cause why his said Subjects be not eased and his Laws executed § 2. N. 9. whereupon if he find any of them in default of executing of his Laws in the premises according to his Highness commandment he shall do him so offending to be put out of the Commission and further to be punished according to his merits Justices And over that his said Highness shall not let for any favour § 2. N. 10. affection cost charge nor other cause but that he shall see his Laws to have plain and true execution and his Subjects to live in surety of their lands bodies and goods according to his said Laws and the said mischeifs to be avoyded that his Subjects may increase in wealth and prosperity to the pleasure of God Measures And that the Iustices of Peace of every Shire of England have full authority and power to inquire hear 7 H. 7. cap. 4. § 1. N. 12. or determine the said defaults viz. in Weights and Measures c. Games And that the Housholder where Dicing Carding Tennis-playing 11 H. 7. C. 2. § 1. N. 14. Bowls Clash or any other unlawful games afore rehearsed shall be used owise than is afore rehearsed viz. in Christmas in the presence of the Master and that lawfully be presented before the Iustices of Peace the Mayor Sheriff in his Turn
to pay and provide fit Persons to oversee and set such Prisoners on work N. 3. And make such Orders for accounts of and concerning the Premisses as shall by them be thought néedful and for punishment of neglects and other abuses Justices and for bestowing of the profit arising by the labor of the Prisoners so set on work for their relief which shall be duely observed and may alter revoke or amend such their Orders from time to time N. 4. Provided Taxes That no Parish be rated above Six pence by the Wéek towards the Premisses having respect to the respective values of the several Parishes § 2. N. 2. For some remedy c. Be it c. Enacted Imprisonment That any Sheriff of the respective Counties viz. where numbers of Prisoners Plague or Diseases are c. having the Custody of the Goal or such Persons who have the Custody of the Goal with the Advice and Consent of three or more Iustices of the Peace whereof one to be of the Quorum may if they shall on Inquiry or Information find it needful upon Emergent occasions in the respective Counties provide other safe Places for the removal of Sick or other Persons from and out of the ordinary and usual Goals Statuta 20 Car. 2. 20 Car. 2. 3. § 5. N. 2. ANd whensoever any Wood or Timber shall at any time Wood. c. be directed to be fallen in any part of the Wasts of the said late Forest viz. of Dean in Gloucestershire Inclosed or not Inclosed the same shall be first viewed and allowed to be fallen by two or more of the Iustices of the Peace for the said County unconcerned in the Premisses and shall not be Cut or Fallen until the same be viewed and allowed by such two or more Iustices as fit and convenient to be Cut and Fallen and that the said Iustices shall have marked with a broad Arrow and Crown that it may remain to be séen as they are hereby required and Impowered to do so many and such Trées as are the most fit to be preserved for growth for Timber upon every Acre intended to be Fallen and also shall have Certified as they are hereby likewise required to do unto the Lord Treasurer or Lords Commissioners of the Treasury for the time being the names of the Places and number of Trées so viewed and allowed to be fallen and so marked to be preserved as aforesaid Cattle And also that it shall and may be Lawful to and for any Iustice of Peace of the County C. 7. § 5. N. 5. or Chief Officer of the Port-Town in or near the place where such Importation viz. of Irish Cattle c. shall be made or where any of the Cattle Shéep Swine Béef Pork or Bacon so Imported shall be driven or brought by Warrant under the Hand and Seal of such Iustice or Chief Officer to cause to be apprehended all and every the Masters Mariners and Seamen having Charge of or belonging to such Ship or Vessel in which such Importation shall be made and all and every other Person and Persons acting or imployed in the landing driving attending on or taking care or charge of the said Cattle Shéep Swine Beef Pork or Bacon Importer as aforesaid and them to Commit to the Common Goal of the said County there to remain without Bail or Mainprise for the space of thrée Months Statuta 22 Car. 2. Religion BE it Enacted c. That if any Person of the Age of Sixteen years or upwards being a Subject of this Realm 22. Car. 2. 1. § 1. N. 2. c. shall be present at any Assembly Conventicle or Méeting under Colour or Pretence of any Exercise of Religion in other manner then according to the Liturgy and Practice of the Church of England in any Place within c. viz. England Wales or Berwick at which Conventicle c. there shall be Five Persons or more Assembled together over and besides those of the same Househould c. It shall and may be Lawful to and for any one or more Iustices of the Peace of the County Limit Division Corporation or Liberty wherein the Offence aforesaid shall be Committed or for the Chief Magistrate c. and he and they are hereby required and enjoyned upon proof to him or them respectively made of such Offence either by Confession of the Party or Oath of two Witnesses which Oath the said Iustice and Iustices of the Peace and Chief Magistrate respectively are hereby Impowered and required to Administer or by notorious Evidence and Circumstance of the Fact to make a Record of every such Offence under his or their Hands and Seals respectively Certificate Which Record so made as aforesaid N. 3. shall to all Intents and purposes be in Law taken and adjudged to be a full and perfect Conviction of every such Offender for such Offence and thereupon the said Iustice c. and Chief Magistrate respectively shall Impose on every such Offender so Convict as aforesaid a Fine of Five shillings for such first Offence which Record and Conviction shall be Certified by the said Iustice c. at the next Quarter-Sessions of the Peace for the County or Place where the Offence was Committed Amercement Which Fine c. for the first and every other Offence shall be Levyed by Distress and Sale of the Offenders Goods and Chattels § 2. N. 2. or in the Case of the poverty of such Offender upon the Goods and Chattels of any other c. who shall be then Convicted in manner aforesaid of the like Offence at the same Conventicle at the discretion of the said Iustice c. so as the Sum so to be Levied on any one Person in Case of the poverty of other Offendors amount not in the whole to above c. Ten Pounds upon occasion of any one Meeting c. And every Constable Headborough Tythingman N. 3. Church-wardens and Overseers of the Poor respectively Constable are hereby Authorized and required to Levy the same accordingly having first received a Warrant under the Hands and Seals of the said Iustice Iustices or Chief Magistrate respectively so to do N. 4. The said Monies so to be Levied to be forthwith delivered to the same Iustice Forfeitures c. and by him or them to be distributed the one third part thereof to the use of the Kings Majesty his Heirs and Successors to be paid to the High-Sheriff of the County for the time being in manner following That is to say the Iustice c. of Peace shall pay the same into the Court of the respective Quarter-Sessions which said Court shall deliver the same to the Sheriff and make a Memorial of Record of the payment and delivery thereof which said Memorial shall be a sufficient and final discharge to the said Iustice c. and a Charge to the Sheriff which said Discharge and Charge shall be
shall use Imploy or Travel upon the Lords Day with any Boat Wherry Lighter or Barge Religion except it be upon Extraordinary occasion to be allowed by some Iustice of the Peace of the County or head Officer or some Iustice of the Peace of the City Borough or Town Corporate where the Fact shall be Committed N. 3. Vpon pain that every Person so Offending shall forfeit and lose the Sum of Five shillings for every such Offence Forfeiture N. 4. And that if any person Offending in any of the Premisses Dayes shall be thereof Convicted viz. for Trading on the Lords Day c. before any Iustice of Peace of the County or the Chief Officer or Officers or any Iustice of Peace of or within any City Borough or Town Corporate where the said Offences shall be Committed upon his or their View or Confession of the Party or proof of any one or more Witnesses by Oath which the said Iustices Chief Officer or Officers is by this Act Authorized to Administer the said Iustice or Chief Officer or Officers shall have Warrant under his or their Hand and Seal to the Constables or Church-wardens of the Parish c. where such Offence shall be Committed to Seize the said Goods cried shewed forth or put to Sale as aforesaid and to Sell the same and to Levy the said other Forfeitures and Penalties by way of Distress and Sale of the Goods of every such Offender distrained rendering to the said Offenders the overplus of the Monies raised thereby N. 5. And in default of such Distress or in Case of Insufficiency or Inability of the said Offender to pay the said Forfeitures or Penalties Imprisonment that then the party Offending be set publickly in the Stocks by the space of Two hours N. 6. And all and singular the Forfeitures or Penalties aforesaid viz. for Trading or Travelling Forfeiture c. on the Lords Day shall be Imployed and Converted to the use of the poor of the Parish where the said Offences shall be Committed saveing only that it shall and may be lawful to and for any such Iustice Mayor or head Officer or Officers out of the said Forfeitures or Penalties to reward any person c. that shall Inform of any Offence against this Act according to their Discretions so as such reward excéed not the third part of the Forfeitures or Penalties Statuta 29 30 Car. 2. Scotland BE it therefore Enacted 29 30 Car. 2. 2. § 1. N. 2. c. viz. because found necessary that the said two former Acts viz. 13 14 Car. 2. 22 18 Car. 2. 3. and either of them and every matter Clause and Clauses therein contained and all and every the Powers and Authorities thereby given shall be continue and remain in full force from henceforth for and during the space and time of Seven years and also from thence until the End of the first Session of the next Parliament Peace Be it further Enacted § 2. N. ◠c. that the said several Iustices of the Peace of the said respective Counties shall from time to time at the respective Quarter-Sessions take good and sufficient Security of the Person or Persons by them Imployed in the said Service for the preservation of the said respective Counties from Theft and Rapine to answer the Damages sustained by any person or persons by his or their neglect or default therein and to pay and satisfie the same within Four months after that proof thereof shall be made by the Oath of one or more Credible Witnesses before the Iustices of the Peace of the said respective Counties at the next Quarter-Sessions in the respective County Oath Which Oath or Oaths the said Iustice or Iustices are hereby Authorized to Administer N. 3. so as the Goods stoln be entred in one of the Books to be kept for that purpose within the space of xlviii hours after the same shall be stoln or gone Record And that Books shall be kept for that end in every Market Town of the said respective Counties and at such other Convenient places therein N. 4. and by such person or persons as the said Iustices of the Peace in the said respective Counties at their General Sessions of the Peace shall order or appoint Justices And be it further Enacted § 3. N. 1 c. that the said several Iustices of the Peace of the said respective Counties at the General Quarter-Sessions of the Peace for the said County respectively shall yearly or every two years at the furthest in open Court make choice thereof and appoint such Person or Persons as they shall respectively think fit for the said Counties respectively to be Imployed in the said Service Religion Provided that every Person and Persons employed for the preservation of the said respective Counties from Theft and Rapine § 4. N. 1. or as Treasurer for the said Service do receive the Sacrament of the Lords Supper according to the usage of the Church of England in some publick Church upon some Lords Day commonly called Sunday within the space of Thrée months after they shall enter upon such Imployment and deliver a Certificate thereof to the next Quarter-Sessions in the respective County where they shall be so Imployed and take the Oaths of Allegiance and Supremacy and make and subscribe the Declaration appointed to be made and subscribed in and by one Act in this present Parliament c. viz. 25 Car. 2. 2. c. under the Penalties and Forfeitures by the said Act appointed Statuta 30 Car. 2. 30 Car. 2. 3. § 4. N. 4. VIz. The Five pounds Penalty for not Burying in Woolen Drapery c. to be Levied by way of Distress and Sale thereof by Warrant of the Chief Magistrate in any Town Corporate or any Iustice of the Peace c. § 5. N. 1. And it is hereby further Enacted c. that the said Affidavit Oath viz. of Parties being Coffined in Woollen only shall be made or taken before some Iustice of the Peace or Master of the Chancery Ordinary or Extraordinary Mayor Baliff or other Chief Officer of the City County Borough Corporation or Market Town in the County where the said Party was Buried who are hereby Authorized and required to Administer the said Oath and to attest the same under their Hands upon such Affidavit gratis N. 2. And in Case no such Affidavit shall be brought to the Person Church c. where the said Party was Buried c. within the said Eight dayes that such Person c. shall forthwith c. cause notice thereof to be given in Writing under his Hand to the Church-warden or Overseers of the Poor of such Parish who shall within Eight dayes after such notice repair to the Chief Magistrate in any Town Corporate c. or else to any Iustice of the Peace who upon the
having Licence of the next two Justices of the Peace Licence to the place where they first hapned to Land or where they first entred into this Realm shall and may pass according to the purport of their Licence and intent of this Act of Parliament any thing herein contained to the contrary in any wise notwithstanding CCCIII. 14 Eliz. 5. § 10. N. 1. Be it also further provided that no Licence recited in this Statute shall give any manner liberty Licence or be of any manner force but only in the Shire whereof the grantor or grantees of such Licence shall be Justice or Justices of Peace CCCIV. 14 Eliz. 5. § 10. N. 2. Wherefore if the said party Licenced will have any further passage without the danger of this law Licence than the Shire where his first Licence is granted it shall be lawful for him to procure and get in every other Shire where he intendeth to pass one other Licence from two Justices of the Peace of the said Shire and so from Shire to Shire to the end of his Journy CCCV 14 Eliz. 5. § 10. N. 3. Be it also provided that this Act Husbandry nor any thing therein contained do in any wise extend to any Cockers or Harvest Folks that travail into any Country of this Realm for harvest work either Corn Harvest or Hay-Harvest if they do work and labor accordingly CCCVI 14 Eliz. 5. § 10. N. 4. Neither yet to any that hapneth to be robbed or spoiled by the way Robbery CCCVII 14 Eliz. 5. § 10. N. 11. Neither yet to any Serving-men Apprentice that be of honest behavior that be turned from their Masters or whose Master or Mistres shall be dead for the space of six months next after such turning away or death of such Master or Mistres so as every such Serving-man hath a testimonial from his Master or Mistres or from two Justices of the Peace of the same County declaring such turning away or such death of his Master or Mistres CCCVIII 14 Eliz. 5. § 11. N. 1. Provided always that it shall be lawful to the Lord Chancellor or Lord Keeper of the Great Seal of England Licence for the time being to make Licence under the said Great Seal as heretofore hath been accustomed and that the said Licence and Licences shall as largly extend as the contents of them will bear any thing herein to the contrary in any wise notwithstanding CCCIX 14 Eliz. 5. § 12. N. 1. Provided always and be it further Enacted Ouster le mers c. that this present Act or any thing therein contained shall not extend to make frustrate or void any safe Conduct Pasport or Licence made and granted or to be made and granted by the Lord Deputy of Ireland or by the Lord Governor of the Towns and Garrisons of Berwick or Carlile for time being or any other Chief Captain or Governor of any Castle or Fortress of the Queens Majesties or by any other in his or their absence having the said charge of the said Towns and Garrisons or by any of the Guardians of the three Marches towards Scotland or by any General Lieutenant or other Chief-Officer appointed by the Queens Majesty to have the charge and conduct of any Army Garrison or Power of men levyed or to be levyed by her Highness order and appointment and for the special service and affairs of Her Majesty her Heirs or Successors or by any Private Captain upon the dispersing of any Army only to any Souldier or Souldiers or any other person or persons whatsoever within this her Realms of England and Ireland passing by vertue thereof about his or their lawful business and affairs but that he or they shall and may quietly without any let or disturbance enjoy the benefit effect and true meaning thereof in as large and ample manner and form as heretofore hath been used and accustomed any thing in this present Act mentioned to the contrary in any wise notwithstanding Infant CCCX 14 Eliz. 5. § 13. N. 1. Provided always that this present Act or any thing therein contained shall not in any wise extend to the punishment of any such person or persons as by this Statue are limited for Rogues unless the same be of the age of fourteen years or above but that they and every of them under the age shall be punished with whipping or stocking as heretofore hath been used and appointed by the Laws and Statutes in that case provided and now repealed this Act or any thing therein contained to the contrary hereof in any wise notwithstanding Constable CCCXI. 14 Eliz. 5. § 14. N. 1. And it is further Enacted c. that if within any Town or Parish where any such Vagabond or Rogue shall happen to beg or make his abode contrary to the form of this Statute if the Constable or Tything-men be negligent and do not his or their best endeavour for the apprehension of such Vagabond or Rogue which there shall beg or make abode contrary to the form in this Statute limited or shall willingly suffer the said Vagabond or Rogue to escape from the punishment or order in this Statute prescribed that then the said Constable or Tything-men in whom such default shall be shall lose and forfeit for every such Vagabond and Vagrant person that shall be so suffered to beg or make abode within his Authority contrary to the form of this Statute 6 s. 8 d. Cottages CCCXII 14 Eliz. 5. § 14. N. 2. And forasmuch as Charity would that Poor Aged and Impotent persons should as necessarily be provided for as the said Rogues Vagabonds and sturdy Beggers repressed and that the said aged impotent and Poor people should have convenient Habitations and abiding places throughout this Realm to settle themselves upon to that end that they nor any of them should hereafter beg or wander about Justices CCCXIII. 14 Eliz. 5. § 14. N. 3. It is therefore Enacted c. that the Justices of Peace of all and singular the Shires of England and Wales within the limits of their Commissions and all other Justices of the Peace Mayors Sheriffs Bailiffs and other Officers and all and every City Borough Riding and Franchise within this Realm whereof they be Justices of the Peace within the limits of their Authority shall at or before the said Feast of Saint Bartholomew next coming divide themselves and so being divided shall within every of their several divisions and Authorities make diligent search and enquiry of all Aged Poor Impotent and decayed persons born within their said divisions and limits or which were there dwelling within three years next before this present Parliament which live or of necessity be compelled to live by Alms of the Charity of the people that be or shall be abiding within the limits of their Commissions and Authorities CCCXIV 14 Eliz. 5. § 14. N. 4. And shall upon that search made Records make a Register-Book
Additions to Dalton cap. 81. Sect 7. 'T is said that no married Woman is punishable by this Statute 35 Elizabeth but are thereout excepted whereas in truth they are no where excepted throughout this Statute save only that they shall not be compelled or bound to abjure 35 Eliz. § 12. N. 1. For if a married Woman comes not to Church but forbears for a month and goes to Conventicles or any other Meetings or Assemblies under colour or pretence of the Exercise of Religion contrary to Law whether they be Popish or other or perswades others so to do or to forbear the Church or to impugne the Kings Authority in Causes Ecclesiastical she shall be imprisoned by force of this Act 35 Eliz. 1. § 1. N. 5. until she conform and submits her self but she cannot be further proceeded against so as to require her to abjure A Married Woman by this Act 35 Eliz. 1. § 10. N. 2. with her Husband is likewise punishable for her Recusancy by action of Debt c. brought against her and her Husband at the Kings Suit so that 't is a great mistake to say she is not punishable by this Statute Days XLIX The Laws c. 125. 126. Abr. 124. Note that this Act 35 Eliz 1. § 13. N. 4. being at first but temporary was afterwards discontinued Hutton 61 62. But is since revived by 3 Car. 14. 5. § 21. N. 1. and declared to be in Esse 16 Car. 2. 4. § 1. N. 1. 2. And in such Case it hath been questioned if a Statute be discontinued and afterwards revived how an Indictment thereupon shall conclude Parliament whither contra formam Statuti or Statutorum For if a Statute be temporary and afterwards continued for a longer time or made perpetual and never discontinued there without doubt it shall be contra formam Statuti But it hath been held by some that where it was once discontinued and then revived there it is as if there were two several and distinct Statutes and the Indictment shall conclude contra formam Statutorum 9 Eliz. Palmers Case But others have held the contrary and that there is not any difference in the Case of a Statute at first temporary and afterwards before any discontinuance continued for a longer time or made perpetual and a Statute discontinued and then revived but that it shall in both Cases be held but as one Statute and that the Conclusion shall be contra formam Statuti and not Statutorum unless where the Act of reviver makes any addition to the former Act or increaseth the penalty or forfeiture for then there is no doubt but they are two distinct Acts of Parliament and according to this latter opinion hath the practice been in Informations upon 5 Eliz. 9. of Perjury which determined 14 Eliz. and was revived 29 Eliz. 5. § 2. N. 3. and yet all Informations thereupon conclude contra formam Statuti And so as it seems ought all Indictments upon this Statute of 35 Eliz. 1. § 13. N. 4 notwithstanding its discontinuance and reviver Owen 135. Wests Case 2 Cro. 170. pl 9 Yelvert 116. pl. 165. and 3 Cro. 750. L. The Laws c. 137. Abr. 133. Days Within three months next after such person shall be apprehended or taken 35 Eliz. 2. § 8. N. 3. Wingate Crown 80. clearly mistakes the meaning for he saith that a Popish Recusant whose Estate is under value must make the submission prescribed by this Act within three months next after his arrival at his place of abode which is a complicated Error for he quite leaves out him who is to repair to the place where he was born or his Father or Mother dwells he makes the party lyable to such submission before he becomes an offender by not repairing or not presenting himself and giving in his true name or Travelling above five Miles He speaks nothing of his being apprehended whereas by the Act he cannot be required to abjure untill three months after his apprehension and he turns the three months after his apprehension into three months after his arrival all great mistakes and fit to be taken notice of by Justices of Peace whose part it is to require the submission and abjuration that they may not be misled in the Execution of this part of their office by trusting to that abridgment LI. The Laws c. 138. Abr. 134. Being thereunto required by the Bishop c. 35 Eliz. 2. § 8. N. 3. If the offender be not before the end of the three months next after his apprehension required by the Bishop a Justice of Peace or the Minister or Curate to make such submission he cannot be required afterwards nor be compelled to abjure by force of this Act but if he be required within the three months to make submission and refuse he may be at any time afterwards warned or required to abjure LII The Laws c. 138 139. Abr. 135. Exile The Oath of abjuration 35 Eliz. 2. § 8. N. 4. may be in this form or to this effect You shall Swear that you shall depart out of this Realm of England and out of all other the Kings Majesties Dominions and that you shall not return hither or come again into any of his Majesties Dominions but by the Licence of our said Soveraign Lord the King or of his Heirs So help you God 3 Inst â—17 Stamford 119 120. Wilkinson 66. hath set down another form c. resembling that of a Felon c. vet Magna Chart. 167. b. 168. This hear you Sir Coroner that I J. M. of H. in the County of S. am a Popish Recusant and in the contempt of the Laws and Statutes of this Realm of England I have and do refuse to come to hear Divine Service there read and exercised I do therefore according to the intent and meaning of 35 Eliz. 2. § 8. N. 4. c. abjure the Land and Realm of King Charles now King of England Scotland France and Ireland and I shall hast me towards the Port of P. which you have given and assigned to me and that I shall not go out of the high-way leading thither nor return back again c. If I do I will that I be taken as a Felon of our said Lord the King and that at P. I will diligently seek for passage and I will tary there but one Flood and Ebb If I can have passage and unless I can have it in such space I will go every day into the Sea up to my knees assaying to pass over So God me help and his holy Judgment But in alluding to the old Oath for Felony c. Wilkinson is mistaken in the very Offence for which the Popish Recusant is to abjure by force of 35 Eliz. 2. § 8. N. 4. For the Offence is not his Refusal to hear Divine Service for that is but one of the precedent qualifications of the person but the offence it self is of another nature viz. his not repairing to
Jesuit For a Jesuit and his Receivers Essex ss Inquiratur pro Domino Rege si E. C. nuper de S. in Com. predicto Clericus natus apud S. predict ' in Com. predict ' atque infra Annum jam proximè preteritum factus professus Jesuita per Autoritatem à Sede Romana derivatam proditoriè apud S. predict ' in Comitatu predict ' sexto die Julij Anno Regni dicti Domini nostri Jacobi Dei Gratia Angl. Franciae Hiberniae Regis Fidei Defensoris c. à partibus transmarinis applicuit dicto sexto die Julij Anno supradicto nonnullis aliis diebus tunc proximè sequentibus apud S. predict ' in Comitatu predict ' proditoriè moram fecit ac remansit contrà formam cujusdam Statuti in Parliamento Dominae Elizab ' nuper Reginae Angl. tento apud Westm in Com. Middlesex Anno Regni sui vicessimo septimo in hujusmodi casu provisi ac editi ac contra Pacem dicti Domini Regis Coronam Dignitatem suas Et si W. B. de S. predict ' in dicto Comitatu Mercator scienter voluntariè felonicè Postea scil sexto die dicti mensis Julij Anno supradicto predict ' E. C. apud S. predictam in Comitatu predictis receptavit comfortavit dicto W. R. ad tunc ibidem ad largum extra Prisonam existentem ac prefat ' E. C. hujusmodi Jesuitam esse tunc ibidem sciente cognoscente contrà formam Statuti predict ' ac contra Pacem Coronam Dignitatem dicti Domini Regis nostri West Symbol 2 part 132. Sect. 212. CXXXVIII Lamberts Precedents 2 b. pl. 5. Religion For saying and hearing of Mass Essex ss Juratores super Sacrament ' suum present ' pro Dom. Rege quod J.R. nuper de C. in Com. pred' Clericus octavo die Aprilis An. Regni dicti Dom. nostri Jacobi Dei Gratia Angl ' Franciae Hiberniae Regis Fidei Defensoris c. apud C. predict ' voluntariè dixit celebravit unam Missam contra formam cujusdam Statuti in Parliamento Dominae Eliz nuper Reginae Angliae tento apud Westm in Com. Middlesex Anno Regni sui vicessimo tertio in hoc casu provisi editi contra Pacem dicti Domini Regis Coronam Dignitatem suam West Symbol 2 part 114. Sect. 140. Et quod Maria B. de C. praedict ' in Comitatu predict ' vidua dicto octavo die Aprilis Anno supradicto apud C. predict ' in Com. predict ' interfuit presens tempore dictae celebrationis Missae predictae ac eandem Missam sic ut prefertur dictam ad tunc ibidem voluntariè audivit contrà formam Statuti predicti ac contra Pacem Coronam Dignitatem dicti Domini Regis nostri Dyer 203. pl. 72. Certificate CXXXIX Kilborns Precedents 92 a. Certificate for receiving the Sacrament and the Oath on 25 Car. 2. cap. 2. Kent ss We A. B. Minister of the Parish Church of C. in the County of D. and E. F. Church-wardens of the same Parish and Parish Church do hereby certifie That M. N. of O. in the County of P. Gent. upon the Lords day commonly called Sunday the Tenth day of June immediately after Divine Service and Sermon did in the Parish Church aforesaid receive the Sacrament of the Lords Supper according to the usage of the Church of England In witness whereof we have hereunto subscribed our Hands the Tenth day of c. A. B. Minister of the Parish and Parish Church of C. E. F. Churchwarden of the said Parish and Parish Church H. J. of K. in the County of K. Gent. and L. M. of c. do severally make Oath that they do know M. N. in the above-written Certificate named and who now present hath delivered the same into this Court. And do further severally make Oath That they did see the said M. N. receive the Sacrament of the Lords Supper in the Parish Church of C. c. in the said Certificate mentioned and upon the day and at the time in the said Certificate in that behalf certified and expressed and that they did see the Certificate above-written subscribed by the said A. B. Minister of the said Church and E. F. Church-warden there And further That the said H. J. and L. M. do say upon their respective Oaths that all other matters or things in the said Certificate recited mentioned or expressed are true as they verily believe Religion CXL Kilborns Precedents 93 A Certificate of receiving the Sacrament according to the Act 25 Car. 2. 2. Kent ss Memorandum That at the Quarter-Sessions for the said County holden at C. in the County aforesaid upon Tuesday the 22 of July in the Year of our Lord One thousand six hundred seventy three and from thence adjourned to M. in the said County and there holden by the same Adjournment upon Munday the 28th of July aforesaid R. W. of the Parish of M. in the County aforesaid Esq did upon the said 28th of July in the said Court of Quarter-Sessions there deliver into the said Court a Certificate under the Hands of J. P. Clerk Minister of the Parish and Parish Church aforesaid and J. M. Churchwarden of the same Parish and Parish Church by which they certified That the said R. W. upon the Lords day commonly called Sunday the 18th day of May in the said year of our Lord 1673. immediately after Divine Service and Sermon did in the Parish Church aforesaid receive the Sacrament of the Lords Supper according to the usage of the Church of England Religion CLXI Kilborns Precedents 94. A Testimonial upon the receiving the Sacrament according to the Act 25 Car. 2. 2. K. ss Memorandum also That at the time and place of the said Delivery of the said Certificate A. B. C. D. and E. F. did upon Enquiry made by the said Court then and there severally make Oath that they did know the said R. W. in the said Certificate named and that they were present and delivered the same into Court and that they did see the said R. W. receive the Sacrament of the Lords Supper at the time day and place and in the manner in the said Certificate certified And that they did see also the said Certificate subscribed by the said Minister and Church-warden and that the said R. W. did upon the 20th day of May then last past and for several years before Inhabit and then did inhabit in the above named Parish of H. and County of Kent CXLII Westm Symb. 2 part 114 b. § 141. An Indictment upon 1 Eliz. 2. against a Priest for saying Mass in the Vestry of a Church c. Crompt 259. pl. 89. tit Religion 16. CXLIII Practical Precedents c. 189. Apprentice An Indictment for keeping a Servant that goeth not to Church 3 Jac. 4. § 33. N. 1. Warwick ss Juratores pro Domino Rege super
adjoyning to the High-ways to be repaired and did dig take and carry away Materials which they judged necessary for the said Reparations And for that difference did arise between the said Surveyors and the said B.C. about the Dammages by the said B. C. suffered by the digging and carriage thereof We do therefore according to the Statute aforesaid Assess the Dammages aforesaid at c. of lawful Mony of England which the said Surveyors are to render unto him for the same Given under our Hands and Seals the 10 day c. Anno c. XXII Kilb. Precedents 159. Account A Warrant against Surveyors for not accounting 14 Car. 2. 6. § 13. N. 1. To the Constable and Borshoulders of the Hundred of A. in the said County and to every of them and to the Keeper of his Majesties Common Goal for the said County at B. in the County aforesaid Kent ss Forasmuch as Complaint hath been made unto us viz. two Justices that B. C. and D. E. Surveyors of the Highways in the Parish of A. in the said County for the year c. have not made such Account touching their said Office as by the Statute in that behalf lately made is appointed and upon Examination of the business upon Oath we do find the said Complaint to be true These are therefore in his Majesties Name to require you the said Constable and Borshoulders and every of you that you some or one of you do take the said B. C. and D. E. and forthwith convey them to his Majesties Goal aforesaid and there deliver them to the said Keeper of the same together with this Precept requiring also you the said Keeper to receive them into the Goal aforesaid and them there safely to keep untill they have made such true and perfect Account touching their said Officer as by the said Statute is appointed hereof fail not at your perils Given under our Hands and Seals the 10 day c. Anno c. Account XXIII Kilb. Precedents 160. A Warrant for not Paying over what is due upon the Account 14 Car. 2. 9. § 13. N. 2. To the Constable and Borshoulders of the Hundred of A. in the said County and to every of them and to the Keeper of his Majesties Common Goal for the said County at B. in the County aforesaid Kent ss Forasmuch as Complaint hath been made unto us viz. two Justices that B. C. and D. E. Surveyors of the High-ways in the Parish of A. in the said County for the year c. had in their hands upon their Account made touching their said Office according to the form of the Statute in that Case made the sum of c. Overplus which they have not retorned or paid to the next Surveyors or either of them as by the said Statute is appointed and upon Examination of the business upon Oath we do find the said Complaint to be true These are therefore in his Majesties Name to require you the said Constable and Borshoulders and every of you that you some or one of you do take the said B. C and D. E. and forthwith convey them to his Majesties Goal aforesaid and there deliver them to the said Keeper of the same together with this Precept requiring also you the said Keeper to receive them into the said Goal aforesaid and them there safely keep untill they have made payment of the said c. to the aforesaid next Surveyors as by the said Statute is appointed hereof fail not at your perils Given under our Hands and Seals the 10 day c. Anno c. Approvement XXIV Crompt 257. a. b. pl. 84. An Indictment for inclosing a Common High-way supra Staff ss Inquiratur pro Domino Rege si E.S. nuper de W. in Com. predict ' Gen ' secundo die Maij Anno c. partem cujusdam viae Regiae in W. in Com. predict ' ducent ' a W. Predict ' usque ad S. in eodem Com. viz. a predict ' c. usque ad quendam foveam in S. predict ' vocat ' le Common Pit in eadem via existent cum sepe fossa inclusit obstruxit eandem viam Regiam sic inclusam a predicto secundo die Maij usque diem captionis hujus inquisitionis in Pasturam convertebat custodiebat adhuc custodit in malum pernitiosum exemplum aliorum ad grave damnum commune nocument ' omnium ligeorum subditorum dicti Domini Regis ibidem prope Inhabitantium ac contra formam diversorum Statutorum in hujusmodi casu editorum provisorum contra pacem dicti Domini Regis c. Reparation XXV Crompt 264 b. pl. 101. A Presentment for a Bridge in decay Staff ss Juratores pro Domino Rege super Sacrament ' suum presentant c. quod quidam Pons situat ' super aquam de Trent in Parochia de Newark in Com. predict ' vocat ' N. Bridge existens in Regia via est ruinosus in magno decasu ita quod ligei Domini Regis in per super vel ultra eundem Pontem absque magno periculo transire seu laborare non valent ad commune nocument ' omnium ligeorum dicti Domini Regis trans ultra Pontem predict ' transeunt ' quod Dominus Rex nunc ratione tenurae seu manerij de N. super T. cum pertinent ' in Com. predict ' Pontem illum facere reparare emendare debet quod idem Dominus Rex omnes Progenitores sui ac omnes alij quorum Status ibidem Dominus Rex modo habet in eodem Manerio de N. super T. cum pertinentijs Pontem illum facere reparare emendare consueverunt de tempore cujus contrarium memoria hominum non existit toties quoties necesse fuerit in cujus Crompt 186. Dalt 41. cap. 13. XXVI Dalt 68 69. cap. 26. At Lent-Assizes at Cambridge Anno 1622. Approvement Sir James Lee delivered it in his Charge that if any Person hath made or shall make any inclosure next the Kings High-way that such Person shall be charged to Amend the High-way adjoyning to his said Inclosure and if one Man hath inclosed on the one side or part and another Man of the othet side they shall be both charged to Amend the said way 2. Otherwise High-ways must be sufficiently Amended at the charge of the whole Town Reparation and it is not enough for the Inhabitants to do their full six days work yearly except their ways be well and sufficiently repaired for if all their said Ways be not sufficiently Amended the whole Town may be indicted therefore F. N.B. 235. Register 154. Taxes 3. Also concerning the Causey neer Cambridge called Dr. Harveys Causey towards the repair whereof Dr. Harvey hath given 8 l. per Annum payable by the Master and Fellows of Trinity-Hall in Cambridge Sir James Lee said that if this 8 l. per Annum were not