or Commissioners to inquire of Felonies in the County where such Offences of Accessary c. shall be committed c. shall be as good and effectual in the Law as if the said principal Offence had been committed c. within the same County where the same Indictment against such Accessary shall be found § 4. N. 2. And that the Iustices of Goal-delivery or Oyer and Terminer Accessary or two of them of or in such County where the Offence of any such Accessary shall be hereafter committed c. upon suit to them made shall write to the Custos Rotulorum or Keepers of the Records where such Principal shall be hereafter attainted or convicted to certify them whether such Principal be attainted or convicted or otherwise discharged of such principal Felony who upon such Writing to them or any of them directed shall make sufficient Certificate in Writing under their Seal or Seals to the said Iustices whether such Principal be attainted and convicted or otherwise discharged or not 3 4 Ed. 6. p. 667. Acts made in the Session of this present Parliament Parliament holden upon Prorogation at Westminster the fourth day of November in the third year of the Reign of our most Dread Soveraign Lord Edward the sixth by the Grace of God King of England France and Ireland Defender of the Faith and of the Church of England and also of Ireland in Earth the Supream Head and there continued and kept to the first day of February in the fourth year of the Reign of our said Soveraign Lord as followeth Cap. 1. Where in the Parliament holden at Westminster in the seven and thirtieth year of the Reign of the most excellent Prince of Famous Memory King Henry the eighth viz. 37 H. 8. Cap. 1. § 2. N. 2. Patents it was Enacted that no person or persons should from the making of the said Act be nominated and appointed to the Office or Offices of Custos Rotulorum within any Shire of this Realm of England Wales or other the Kings Dominions Marches or Territories of the same but such as should have a Bill signed with the Kings hand for the same § 1. N. 2. Which Bill signed viz. 37 H. 8. Cap. 1. § 2. N. 3. Chancery should be a sufficient Warrant by Authority of the said Act to the Lord Chancellor of England and Lord Keeper of the Great Seal for the time being to make from time to time Commission or Commissions assigning and authorizing thereby the same person to be Custos Rotulorum untill the King had by another Bill assigned with his own hand appointed and ordained another person to have occupy and exercise the same Office of Custos Rotulorum § 1. N. 3. And Viz. 37 H. 8 Cap. 1. § 2. N. 4. Peace that the said person appointed and assigned to be Custos Rotulorum as is abovesaid should and might occupy exercise and enjoy the said Office of Custos Rotulorum by himself or by his sufficient Deputy learned in the Laws of this Realm and meet and able to supply the said Office according to the Tenor of the said Grant or Commission as by the same Act among other things more at large it doth and may appear § 2. N. 1. Since the making of which Statute viz. 37 H. 8. Cap. 1. § 2. Patents divers and many persons being in the said Offices of Custos Rotulorum in divers Shires of the Realm have departed this present Life and dyed so that there hath not come to the hands of the Chancellor of England or Lord Keeper of the Great Seal any Bill or Bills assigned with the Kings Majesties hand for the naming appointing or assigning of any new Custos Rotulorum in the same Shires and so the said Offices have remained void for a long time to the great let of Iustice § 2. N. 2. And also for that it shall be very tedious and much to the molesting of the Kings Majesty upon every avoidance of such Custos Rotulorum by death or otherwise Officer to move his Majesty for the signing of Bills for other persons to be elected named chosen and appointed to supply the said Offices of Custos Rotulorum being void § 2. N. 3. And for that the nomination and appointing of the said Office of Custos Rotulorum long before the making of the said Statute c. viz. 37 H. 8. Chancery C. 1. did appertain and belong to the Office of the Chancellor of England or Lord Keeper of the Great Seal for the time being § 3. N. 1. Be it therefore Enacted by the King our Soveraign Lord Prerog with the Assent of the Lords Spiritual and Temporal and the Commons in this present Parliament assembled and by the Authority of the same that the Chancellor of England or Lord Keeper of the Great Seal for the time being shall at all time and times hereafter and from time to time without any Bill or Bills to be assigned with the Kings hand name elect assign and appoint such person and persons to be Custos Rotulorum within every Shire of this Realm of England Wales and other the Kings Dominions Marches and Territories of the same or by any of them as by the discretion of the said Lord Chancellor or Lord Keeper of the Great Seal for the time being Deputy § 3. N. 2. shall be thought able and meet to have and exercise the same And that the said person or persons so to be appointed elected named and assigned by the said Lord Chancellor or Lord Keeper of the Great Seal for the time being shall and may occupy exercise and enjoy the same Office of Custos Rotulorum by himself or by his sufficient Deputy or Deputies Patents in as ample and large manner and form as if the said Act viz. 37 H. 8. Cap. 1. had never been had ne made § 4. N. 1. the before rehearsed Act or any thing therein contained to the contrary hereof in any wise notwithstanding Provided always and be it Enacted by the Authority aforesaid that all such as now have any of the said Offices of Custos Rotulorum by the Kings Letters Patents or Commission to them or any of them made shall and may enjoy Franchise have and exercise the said Offices by vertue of the same Letters Patents or Commission by himself § 5. N. 1. or his sufficient and able Deputy instructed in the Laws of this Realm any thing in this present Act had or made to the contrary notwithstanding Provided also that it be Enacted by the Authority aforesaid that the Arch-Bishop of York the Bishop of Durham the Bishop of Ely and every of their Successors the Chancellor of the Dutchy of Lancaster for the time being and all and every Person and Persons Corporations and Bodies Corporated to whom the Kings Majesty or any of his Noble Progenitors by his or their Letters Patents or Act
Act it shall and may be lawful for the respective Iustices of Peace of the said respective Counties or the major part of them at any General Sessions of the Peace to be holden for the said Counties respectively on the behalf of the said Counties or either of them from time to time as they shall sée occasion to make an Order in open Court of Sessions for charging according to their several proportions all and every the several Inhabitants of the said respective Counties for the safeguard and securing of the said several Counties and Inhabitants thereof from all injury violence spoil and rapine of the Moss-Troopers aforesaid Taxes Provided that the said County of Northumberland be not by force of this Act at any time charged above the Sum of Five hundred pounds in the year § 3. N. 1. nor the said County of Cumberland charged above the Sum of Two hundred pounds in the year Justices And for this end and purpose the said several Iustices of the Peace of the respective Counties aforesaid N 2. are hereby Impowered and Authorized at their General Quarter Sessions aforesaid to appoint and imploy from time to time if occasion require any person or persons to have the Conduct and Command of a certain Number of men not exceeding the number of Thirty men in the County of Northumberland and Twelve in the County of Cumberland whereby the Malefactors aforesaid may be searched out discovered persued apprehended and brought to tryal of the Law Justices And all and every the said Iustices of the Peace of the respective Counties aforesaid or the major part of them N. 3. at any General Sessions of the Peace to be holden for the said Counties or either of them respectively are hereby further Impowered and Authorized by force of this present Act to make and issue forth their respective Warrants under their Hands for the levying and collecting any Sum or Sums of Money ordered to be paid for and towards the safeguard and securing of the said Counties respectively as aforesaid and to give full power to the several Constables and other Officers to Raise Levy and Collect the said money and all and every the Inhabitants of the said several Counties according to their respective proportionable Estates in Lands or Goods by Distress and Sale of Goods rendring the overplus if there be any to the respective Owner or Owners Peace And the said Iustices of Peace in the said several Counties N. 4. or any one of them respectively are hereby also Authorized to Examine any complaint made against the Collectors and Constables or any other Officers or Ministers of Iustice whatsoever or any of them or any other refractory person or persons whatsoever that at any time hereafter shall neglect refufe or fail to give obedience to this Act or shall do any act or acts in disturbance or obstruction thereof and to bind over such person or persons to the next Quarter-Sessions according to the known Laws of the Land to the end such person or persons may be procéeded withal according to Iustice § 4. N. 1. And the said respective Iustices of the Peace as aforesaid Account are hereby further impowered and authorized on behalf of the said several Counties respectively to appoint a Treasurer to receive from the said Collectors the Monies by them Collected and to pay over the same according to the Orders they shall receive from the said Iustices at their General Sessions of the Peace to be holden for the said respective Counties N. 2. And the said Iustices are also impowered to agree and article with such person or persons yearly as they shall think fit to Imploy in the said Service Justices and to take sufficient security of them for the faithful and most effectual performance thereof for the best safeguard advantage and benefit of the People according to the true intent and meaning of this Act. § 5. N. 1. And in case any person or persons shall in pursuance of this Act be imployed in the border Service and shall at any time hereafter wilfully and corruptly War or for any sinister respect whatsoever neglect or forbear to discover or apprehend or to bring to Tryal any of the said persons called Moss-Troopers as aforesaid and shall be Convicted thereof according to Law he or they shall from thenceforth be disabled and made uncapable for ever after to manage or take upon him or them the said Imployment and to suffer such Fine and Imprisonment according to the Quality of his or their Offence as the Iustices of Peace at their General Sessions shall think fit to inflict § 6. N. 1. Provided nevertheless and be it hereby declared Taxes that it shall be lawful for the Iustices of Peace of either of the said Counties as aforesaid respectively at any time hereafter to moderate or lessen the said Charge if they sée cause § 7. N. 1. Provided that this Act shall continue and be in force for Five years Dayes and no longer 18. Car. 2. 3. § 1. N. 2. § 8. N. 1. Provided alwayes and be it further Enacted Scotland c. That for better suppression and punishment of the said Moss-Troopers flying out of England into Scotland or out of Scotland into England the Statutes made in the several Sessions of Parliament in the Fourth and Seventh years of King James viz. 4 Jac. 1. 7 Jac. 1. shall be renewed and put in execution according to the true Intent C. 26 § 6. N. 4. All and every of which said Offences viz. want of weight and mark of Vessels and ill salting and packing of Butter are to be inquired of sued for Victual heard and determined in the Sessions of Peace for the County City Borough Town or Liberty or in the Court of Record of the City Borough Town or Liberty wherein such Offence shall be Committed by Action of Debt Indictment Information or Presentment wherein no Essoin Protection or wager of Law shall be allowed to the Defendant C. 28. § 5. N. 1. And be it further Enacted c. that if any Idle or Suspitious person Fish c. shall in the night assemble and flock together about the Boats Wells or Cellars belonging to any Pilchard Coast upon any the Coasts of Cornwal or Devon having no business there to do and being warned by the Company or Owner of such Boats or Cellars to be gone that then upon complaint made to any one Iustice of the Peace every such person or persons refusing so to do shall pay Five shillings to the Poor of the Parish where such Offence was committed or shall be set in the Stocks for the space of five hours C. 32. § 2. N. 1. For prevention of all which abuses Drapery and deceits viz. in broad Wollen Cloth It is Enacted c. that c. there be and shall be a Corporation to continue forever within
say or hear Mass and who come not to the Church against 23 Eliz. 1. § 4. N. 2. Good-behaviour XXIII Crompt 144. He shall be bound to the Good-behaviour in B. R. who absents himself from the Church for a year against 23 Eliz. 1. § 5. N. 2. and shall so remain untill he will reform himself and come to Church according to the intent of the Statute 1 Eliz. 2. § 14. N. 1. c. XXIV Crompt 151. Two Capias an Exigent Process and a Capias Vtlagatum shall issue against him that is Indicted upon 1 Eliz. 2. § 4. N. 4. for depraving the Sacrament c. XXV Crompt 155. Ab. Bail Nor he shall not be let to Bail or Mainprise who disturbs Preachers contrà to 1 Mar. 1. Stat. 2 cap. 3. § 5. N. 2. 2. Nor he shall not be left to Bail or Mainprise who offends against 1 Eliz. 2. § 4. N. 1. XXVI Kilb. Precedents 94. 95. For not coming to Church Church a Warrant to appear before a Justice To the Constables and Borshoulders of the Hundred of A. in the said County and to every of them Kent ss Forasmuch as I have received Information that B. C. of D. in the County aforesaid c. did not upon any of the c. Sundays last past resort or repair to any Church Chappel or other usual place appointed for Common Prayer and there hear Divine Service according to the form of the Statute in that behalf made These are therefore in his Majesties Name to will and require you that you some or one of you do cause the said B. C. to come before me to Answer the Premisses hereof fail not at your peril Given under my Hand and Seal the day of c. 1 Eliz. 2. § 14. N. 1. 3 Jac. 4. § 27. N. 1. XXVII Kilb. Precedents 95. Forfeiture A Warrant to levy the forfeiture for not coming to Church To the Churchwardens of the Parish of A. in the said County and to every of them Kent ss Forasmuch as B. C. of D. aforesaid c. did not upon Sunday the second day of May nor upon Sunday then next following nor upon Sunday then next following c. resort or repair to any Church Chappel or other usual place appointed for Common Prayer and there hear Divine Service according to the form of the Statute in that behalf made and being called before me did not make sufficient excuse of his said Defaults to my satisfaction These are therefore in his Majesties Name to will and require you that you or one of you do levy by Distress and Sale of the Goods of the said B. C. three Shillings for his defaults aforesaid to be imployed to and for the use of the Poor of the said Parish rendring to him the Overplus of Money raised of the Goods aforesaid so to be sold and in default of such Distress that you do certifie me thereof with all convenient speed to the end I may further Proceed therein as to Justice doth appertain hereof fail not at your perils Given under my Hand and Seal the Day of c. 1 Eliz. 2. § 14. N. 1. 3 Jac. 4. § 27. N. 1. XXVIII Kilb. Precedents 96. Imprisonment A Mittimus to the Goal of one not repairing to Church for want of a Distress To the Constables and Borsholders of the Hundred of A. in the said County and to every of them and to the Keeper of his Majesties Goal at B. in the County aforesaid Kent ss Whereas by Warrant under my Hand and Seal the Church-wardens of the Parish of A. in the said County were lately by me Commanded to levy three Shillings by Distress and Sale of the Goods of B. C. of the Parish of A. in the said County to be imployed to and for the use of the Poor of that Parish for that he did not upon Sunday the second day of May nor upon Sunday then next following nor upon Sunday then next following resort or repair to any Church Chappel or other usual place appointed for Common Prayer and there hear Divine Service according to the form of the Statute in that behalf made and the Church-Wardens aforesaid have retorned to me that the said B. C. hath no Goods nor Chattels sufficient for the levying of the Moneys aforesaid These are therefore in his Majesties Name to will and require you that you some or one of you do take the aforesaid B. ◠and him safely convey to his Majesties Goal aforesaid 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 Goal and him there safely keep untill payment shall be made of the Monies aforesaid hereof fail not at your peril Given under my Hand and Seal the Day of c. 1 Eliz. 2. § N. 3 Jac. 4. Encumbent XXIX Kilb. Precedents 98. A Warrant against Encumbent for not Officiating on 14 Car. 2. 4. § 7. N. 1. To the Church-Wardens and Overseers of the Poor of the Parish of A. in the said County Kent ss Forasmuch as it hath been duly proved before us viz. two Justices c. that A. B. the proper Incumbent of the Parsonage Vicarage or Benefice of c. in the County aforesaid doth reside on his Living and keep a Curate and hath not himself in Person within one Month now past openly and publickly read the Common Prayers in and by the Book prescribed by the Statute made in the fourteenth year of his now Majesties Reign Entituled An Act for the Vniformity of Publick Prayers and Administration of the Sacraments and other Rights and Ceremonies and for the establishing the form of making and Ordaining and Consecrating Bishops Priests and Deacons in the Church of England in the Parish Church of C. to the said Parishioners in such order manner and form as in and by the said Book is appointed whereby he hath by vertue of the Statute aforesaid forfeited five pounds to the use of the Poor of the Parish aforesaid These are therefore in his Majesties Name to will and require you and every of you that you or some of you do demand of the said A.B. the aforesaid five pounds to the use of the Poor afroesaid and in default of payment thereof within ten days after such demand that you or some of you do levy the same by Distress and Sale of the Goods and Chattels of the said A. B. rendring to him the Surplusage hereof fail not at your perils Given under our Hands and Seals the Day of c. 2. The like Warrant mutatis mutandis if he de not if there be occasion Administer each of the Sacraments and other Rites of the Church once in every Month. Encumbent XXX Kilb. Precedents 99. A Mittimus for Preaching whilst disabled on 14 Car. 2. 4. § 21. N. 1. To the Constable and Borsholders of the Hundred of A. in the said County and to every of
discretion of the same Iustice C. 6. § 1. N. 15. And over this the Iustices of Peace within every Shire at their general Sessions holden at Michaelmas Mettle shall assign and appoint two certain Persons having experience therein viz. in deceitful Pewter and Brass c. to make search in the Premises in every part of that Shire as well within the Franchise as without saving in Cities and Boroughs where Searchers be appointed by the Heads and Governours of the same C. 11. § 1. N. 9. And that the Iustices of Peace in their Sessions shall have Authority to take before them any Person suspected of the Premises Forest viz. Of Dear-hayes Buckstails or taking of Herons and by their discretion to examine them in the premises § 1. N. 11. And that these Iustices Justices that so examine them shall have the tenth part of every such forfeiture for their Labour in that behalf Ca. 12. § 2. N. 8. Furthermore be it enacted by the said Authority Poor that Iustices of the Peace or two of them at the least within their Shires and every Mayor Sheriff and Bailiff within their Cities Towns and Boroughs shall have full power and authority to make four times in the year that is to say every quarter once or ofter as by their Discretion shall be thought necessary throughout all their Shire a due and a diligent secret search and if they or any of them find by reason of the said Search any of the said mis-ruled Persons viz. Vagabonds c. the said misruled Persons so found to have like punishment and correction as is aforesaid Viz. at discretion Riot Whereas in the Parliament holden at Westminster the Tuesday the morrow next after All Souls Cap. 13. 13th year of the reign of King Henry the fourth viz. 13. H. 4. Cap. 7. Among other things it was Enacted Ordained and Established that if any Riot Assembly or Rout of People against the Law were made in any part of the Realm that the Iustices of the Peace three or two of them at the least and the Sheriff or Vnder-Sheriff of the County where such Riot Assembly or Rout should be done after the same Statute should come with the power of the Shire if need should be to arrest them and them should arrest 2 H. 5. Cap. 8. Records And viz. 13 H. 4 Cap. 7. § 1. N. 2. § 1. N. 2. the same Iustices and Sheriff or Vnder-Sheriff should have power to record that that they should find so done in their presence against the Law 2 Hen. 5. Cap. 8. § 1. N. 2. Process And viz. 13 H. 4. Cap. 7. § 1. N. 3. § 1. N. 3. that by the Record of the same Iustices and Sheriff or Vnder-Sheriff the same Trespassers and Misdoers should be convicted in manner and form as it is contained in the Statute viz. 5 R. 2. Cap. 7. § 1. N. 3. 15 R. 2. § 1. N. 3. Of Forcible Entries with divers and many other Articles touching and concerning the Premises as in the same Statute made the said thirteenth year viz. 13. H. 4. Cap. 7. more plainly at large it appeareth 2 H. 5. Cap. 8. § 1. N. 2. Riot Which Statute viz. 13 H. 4. Cap. 7. is thought good and necessary § 1. N. 4. wherefore by the advice and assent of the Lords Spiritual and Temporal and the Commons in this present Parliament assembled and by the Authority of the same be it therefore ordained established and enacted that the said Act made in the said thirteenth year of King Henry the fourth Viz. 13 H. 4. Cap. 7. concerning Riots Assemblies and Routs of people and all and every Article and Articles comprised in the same and also all other Statutes viz. 2 H. 5. Cap. 8. c. before this time made concerning the punishment of Rioters at the time of making this Act being in force from henceforth stand in their force and be duly put in execution after the tenors and purports of the same Enquest And for as much as in the said Statute made in the said thirteenth year viz. 13 H. 4. Cap. 7. § 1. N. 5. It is not expressed of what sufficiency the Iurors impanelled should be or what Issues they should lose if they appear not nor no mention thereon made of any punishment of the Maintainers and Embracers of the Iurors that so shall be Impanelled should have for their misdemeanors if any be Ability It is therefore furthermore Enacted by the said Authority in this present Parliament That if any Riot Rout § 1. N. 6. or unlawful Assembly be committed and done at any time after the first day of May next coming within this Realm of England that the Sheriff having a Precept directed to him shall return one and twenty Persons dwelling within the Shire where such Riot Rout or unlawful Assembly shall be so committed and done whereof every of them shall have Lands and Tenements within the same Shire to the yearly value of twenty shillings Charter land or Free-hold or twenty six shillings and eight pence of Copyhold of both over and above all charges for to inquire of the said Riot Rout or unlawful Assembly Return And shall return upon every Person so by him impanelled in Issues § 1. N. 7. at the first day twenty shillings and at the second day forty shillings if they appear not and be sworn to enquire of the premises at the first day Sheriff And if default be in the Sheriff or Vnder-Sheriff § 1. N. 8. for returning of other Persons not being of the said sufficiency or return not Issues in form aforesaid that then the said Sheriff shall forfeit to our Sovereign Lord the King for either default therein twenty pound Riot And if the said Riot Rout § 1. N. 9. or unlawful Assembly be not found by the said Iury by reason of any Maintenance or Embracery of the said Iurors then the same Iustices and Sheriff or Vnder-Sheriff over and above all such Certificate that they must and be bound to make according to the said Statute made the said thirteenth year viz. 13 H. 4. Cap. 7. § 2. N. 1 shall in the same Certificate certifie the names of the Maintainers and Embracers in that behalf if any be with their misdemeaners that they know upon pain of every of the said Iustices and Sheriff or Vnder Sheriff to forfeit 20 l. if the same Iustices and Sheriff or Vnder Sheriff have no reasonable Excuse for not certifying the same § 1. N. 10. Which Certificate so made shall be of like force and effect in the Law Certificate as if the matter contained in the same were duly found by the Verdict of twelve men § 1. N. 11. And every Person duly proved to be a Maintainer or Embracer of the same shall forfeit to our said Soveraign Lord Maintainers 20 l. and as well the
had or made this Act or any thing therein contained to the contrary notwithstanding § 14. N. 1. Provided always and be it Enacted by the Authority abovesaid Days that Iustices of the Peace within any Shire of this Realm of England and Wales shall not be compelled by vertue of this Act to assemble themselves for the Execution of this Act for this present year before the next general Assizes to be holden within every such County before the Feast of St. Michael the Arch-Angel next coming but that they and every of them shall be compelled upon like pain mentioned in this Act to assemble themselves at the said general Assizes for the execution of the same for this present year only according to the Purport Tenor and True meaning of this Act any thing in this Act to the contrary notwithstanding § 15. N. 1. Provided always that this Act nor any therein contained Cinque Ports shall not in any wise extend nor be prejudicial or hurtful to the County Palatine and Dutchy of Lancaster or any Town-Corporate within the same County Palatine and Dutchy having Iustices of the Peace for or concerning the extracting returning certifying or levying of any Issues Fines Forfeitures Amercements or Penalties to be taxed or assessed upon any person or persons in any Sessions to be holden within the said County Palatine and Dutchy of Lancaster or Towns-Corporate parcel of the same Dutchy by vertue of this Act but that the same Issues Fines Forfeitures Amercements and Penalties shall and may be extracted returned certifyed or levyed from time to time in such manner and form to all intents and purposes as they have used to be extracted returned certifyed and levyed at any time before the making of this Act this Act or any thing therin contained to the contrary notwithstanding § 16. N. 1 Provided always and be it Enacted by Authority aforesaid Forfeitures that all Issues Fines Amercements and Forfeitures rising and growing by vertue of this present Act within any of the general Liberties Franchises or Temporal-Iurisdictions which been severally appointed and assigned to the Survey Order and Governance of the King our Soveraign Lords several Courts of the Augmentations of the Revenues of his Crown and of the general Surveyors of the Kings Lands shall be claimed and allowed and also collected and levyed by the Kings Bailiffs or other Officers of the same Liberties Franchises and Iurisdictions for the time being and shall be severally answered to the King in the same several Courts after and according to such sort and order as other Issues Fines Amercements and Forfeitures within the same several Liberties Franchises and Iurisdictions as this present time been or ought to be claimed allowed and answered any thing in this present Act to the contrary notwithstanding Wales Provided always § 17. N. 1. and be it further Enacted by the Authority aforesaid That the Iustices of Peace in every of the Shires in South Wales and North Wales and County Palatine of Chester according to their limitation shall and may certifie all the Estreats by them to be made in manner and form as is aforesaid to and afore such Chamberlain or Chamberlains Chancellor or Chancellors Auditor or Auditors in such place or places as by the Kings Majesty is or hereafter shall be appointed or assigned for hearing and determining of the Sheriffs accounts in every of the said Shires in Wales or County Palatine aforesaid any thing in this Act mentioned to the contrary notwithstanding Franchise Provided always That this Act or any thing therein contained § 18. N. 1. shall not in any wise extend to the County Palatine and County of Durham or to any Town Corporate within the same County Palatine or County having Iustices of Peace for and concerning the extracting returning certifying or leavying of any Issues Fines Forfeitures Amerciaments or Penalties to be assessed or taxed upon any person or persons in any Sessions to be holden within the said County Palatine or County of Durham or within any Town Corporate situate and being within either the said County Palatine or County but that the same Issues Fines Forfeitures Amerciaments or Penalties and every of them may be assessed taxed extracted returned certified and levyed from time to time hereafter in such manner and form to all intents and purposes as they and every of them have been used to be assessed taxed extracted retorned certified and levyed at any time before the making of this Act or should be assessed taxed extracted retorned certified and levyed if this Act had never been had or made this Act or any thing therein contained to the contrary notwithstanding Cinque Ports Provided always and be it Enacted That this Act § 19. N. 1. or any thing therein contained shall not extend to the Barons and Inhabitants of or within the Cinque Ports or their members or to any of them to compel or constrain them or any of them to assemble themselves with any of the Iustices of the Peace out of their said Ports and Members and the liberties of the same or for and concerning the Estreating of Fines Issues Forfeitures and Amerciaments to be set lost or assessed by vertue of this Act within the liberties aforesaid Appearance But that they and every of them shall and may assemble themselves together at such place and places within their liberties for the executing of this Act as to them shall be thought most convenient § 19. N. 2. and to divide themselves after such fashion as they shall think best and most requisite for the executing of this Estatute in this Act mentioned Amercement And may and shall take such Fines Issues Forfeitures § 19. N. 3. and Amerciaments and every of them as shall be set lost and assessed by vertue of this Act in such manner and form and to such uses purposes and intents as they or any of them lawfully should might or ought to have had before the making of this Act this Act or any thing therein contained to the contrary notwithstanding Franchise Provided alway that this Act or any thing therein contained § 20. N. 1. be not at any time hereafter in any wise prejudicial or hurtful to any person or persons Bodies Politick or Corporate to their Heirs or Successors or to the Heirs or Successors of any of them for or concerning any their lawful rights titles interest or claims of in or to any manner of Issues Fines Amerciaments Penalties or other Forfeitures in any wise to be assessed lost and forfeited before any Iustices of Peace at their Sessions hereafter to be holden or kept in any Shires City Borough or Town Corporate within this Realm of England by vertue and authority of this Act. But that every such Person or Persons § 20. N. 2. Bodies Politick and Corporate their Heirs and Successors and the Heirs and Successors of every of them and their lawful deputies
1. Provided always that this Act nor any thing therein contained shall be hurtful or prejudicial to the Barons or other Inhabitants of the Five Ports or of their Members neither to any Grant Liberty or Franchis heretofore made by the King c. Or any his Progenitors Kings of England to the said Barons or other Inhabitants their Ancestors or Predecessors or any of them Cinque Ports LXXIII 22 H. 8. 12. § 9. N. 2. And that it be Enacted c. that all and every Mayor and Mayors and Bailiff and Bailiffs Electife and Elected by the Commons and Inhabitants of every Town and place of the said Ports and Members shall have like Authority within every such Town and place where they or any of them be or shall be Mayor or Baliff or Jurate to put or cause to be put this Act in due Execution as the Justices of Peace in any County of this Realm have or shall have Authority and power by this Act to do where they be Justices Cinque Ports LXXIV 22 H. 8. 12 § 9. N. 3. And that the Inhabitants within every Town within the said Ports shall be bounden to the Execution of this Act like as other Inhabitants be without the said Ports upon like pain as is above remembred Cinque Ports LXXV 22 H. 8. 12. § 9. N. 4. And if any person c. which shall Inhabit within the said Five Ports or Members be impotent or other Idle person do hereafter begg without the said Five Ports or Members of the same Contrary to this Act that then every such person shall be ordered and punished according to this Act any thing in this Proviso to the contrary notwithstanding Seals LXXVI 22 H. 8. 12. § 10. N. 1. And it is ordained and Enacted that the Seals above rehearsed shall be made at the costs and charges of the Justices of Peace Mayors Sheriffs Bailiffs and other Officers above written on this side the Feast of the Nativity of Saint John Baptist next comeing that is to say that every of them shall do the said Seals to be made within the limits of their Division Jurisdiction and Authority LXXVII 22 H. 8. 12. § 11. N. 1. And it is also Ordained and Enacted that every Letter to be made by the Authority of this Act License whereby any Impotent Begger shall be authorized and assigned to beg shall be made in this form ensuing LXXVIII 22 H. 8. 12. § 12. N. 1. Kanc ' ss Memorandum that A. B. of Dale License for reasonable considerations is Licensed to beg within the Hundred of P. K. and L. in the said County given under the Seal of that limit tali die anno LXXIX 22 H. 8. 12. § 13. N. 1. And that every such Letter that shall be made and delivered to such Begger or Vagabond License after he hath been Whipped by Authority of this Act shall be made in this wise following LXXX 22 H. 8. 12. § 14. N. 1. Kanc ' ss I. S. Whipped for a Vagrant License strange Begger at Dale in the said County according to the Law 22 day of July in the 23 year of King H. 8. was assigned to pass forthwith and directly from thence to Sale in the County of Middlesex where he saith he was born or where he last dwelled by the time of three years and he is limited to be there within fourteen days next ensuing at his peril or within such number of days as to him shall be limited by the discretion of the maker of the said Letter in Witness whereof the Seal of the limit of the said place of his punishment hereunto is set 39 Eliz. 4. § N. LXXXI 22 H. 8. 12. § 15. N. 1. And it is enacted that every such Letter shall be made at the equal costs of such the said Justices Mayors Sheriffs License Bailiffs or other Officers within whose Jurisdiction Powers and Authorities the said Begger and Vagabond shall be whipped or limited to beg in by Authority of this Act and every such Letter shall be subscribed with the hand of one of the said Justices Mayors Sheriffs Baliffs or other Officers in this form following per me A. B. unum Justiciariorum pacis or Majorem Civitatis or Ballivum villae or Constabularium talis hundredi or else in like form in English LXXXII 22 H. 8. 12. § 16. N. 1. And it is further Enacted Imprisonment that every such person c. As have the Custody of any Goals within any Shire City Borough or Town Corporate on this side the Feast of Saint John the Baptist shall do make a Seal engraven with the name of the Castle Prison or Goal which he keepeth LXXXIII 22 H. 8. 12. § 16. N. 2. And in Case any person Fees c. That at any time after the said Feast of Saint John shall be delivered out of any Goal or Prison for suspitions of Felony by Proclamation or be acquit of any Felony and hath no friends to pay his fees nor was born within the Hundred or place where he shall happen to be so delivered nor can get him no Master there to abide and work with shall have liberty to beg for his fees by the License of his Keeper by the space of six Weeks next after such deliverance and after that to be compelled to go to the Hundred where he was born or last dwelled by the space of three years within such time as shall be limited by one of the Justices of Peace Mayors Seriffs Bailiffs or any Officers where such deliverance shall be had 27 H. 8. 25. 26 § 6. LXXXIV 22 H. 8. 12. § 17. N. 1. And it is enacted that every such person so delivered shall have a Letter made to him by the Clerk of the Peace of the Shire within the which he was delivered License if he be delivered in the Shire and if he be delivered in any City Borough or Town Corporate then he to have a Letter of the Common Clerk of every such City Borough or Town where he is delivered every such Letter witnessing the day of his deliverance and the place where he was delivered and afore whom and the time appointed to him to beg for his fees and the place to which he shall be assigned to repair unto in case he can get no Master to fall to Work where he was delivered and to every such Letter the said Goaler or Keeper of Prison out of the which such person shall be delivered shall put the Seal limited to be made as is aforesaid for the said Prison and that every such Letter shall be made in this wise following License LXXXV 22 H. 8. 12. § 18. N. 1. Essex ' ss the 20 day of July Anno Regni Regis H. 8. 23. I. S. was delivered for Felony out of the Goal of Dale in the said County at the Sessions holden afore A. B. and his Fellows at Sale the day and year aforesaid
no protection or wager of Law shall be allowed or admitted for the party defendent Church wardens CCXLVII. 5 Eliz. 3. § 4. N. 1. And be it further Enacted c. that if the said Church-wardens or either of them shall refuse to sue for the said forfeiture or within two months next after the same cause of forfeiture shall be given shall not sue or take the remedy for the recovery thereof in such manner and form as before this present Act is limited and appointed that then the same Church-wardens so making default of suit shall forfeit and lose 20 l. of Lawful mony of England the one moity thereof to him or them that will sue for the same by action of debt bill plaint or information in any Court of Record or in the Court of any Lord of any Mannor within the Parish where the said Church-wardens shall dwell and the other moity to the use of the Poor of the said parish in which suit no Essoyn Protection or wager of Law shall be admitted or allowed for the party defendent Incumbent CCXLVIII 5 Eliz. 3. § 5. N. 2. Be it Enacted c. that every Parson Vicar Curate or Minister of every parish within this Realm shall yearly forevermore upon the Sunday before Midsummer in the Pulpit or some other convenient place in the Church give knowledge and warning at the end of some of the Morning service to the Parishioners then and there present to prepare themselves on the Sunday next after Midsummer day then next following to come to the Church and there to elect and chuse Collectors and Gatherers for the Poor according to the tenor of this Act. Incumbent CCXLIX 5 Eliz. 3. § 5. N. 3. And if the Parson Vicar Curate or Minister shall make default in giving of the said knowledge that then he or they so making default to forfeit and lose 40 s. towards the reparation of the said Church Church-wardens CCL 5 Eliz. 3. § 5. N. 4. And the Church-wardens of the said Parish to sue and distrain for the same in such form as before is appointed for the other forfeitures Account CCLI 5 Eliz. 3. § 6. N. 1. And further be it Enacted c. that the said Gatherers or Collectors for the Poor so to be chosen as is aforesaid shall make their Just account Quarterly to the Mayors or Chief-Officers of the said Cities Boroughs and Towns Corporate and in every Parish of the said Country to the Parson Vicar or Curate and Church-wardens of the Parish at which account such of the Parish as will may be present Account CCLII 5 Eliz. 3. § 6. N. 2. And when they go out of their Office they shall deliver or cause to be delivered forthwith upon the end of their accounts all such surplusage of mony as then shall remain of their Collection undistributed to be put in their Common Chest of the Church or in some other safe place to the use of the Poor at the oversight and discretion of the Mayor Officers and others before mentioned CCLIII 5 Eliz. 3. § 6. N. 3. And if the said Collectors or any of them do refuse to make their said account within the eight days next after request made to them for the same Account then the Bishop of the Diocess or the Ordinary of the place Chancellors or their Commissaries together with a Justice of Peace and the Church-wardens of the said parish or one of them shall have Authority by vertue of this Act upon complaint to them made to commit the said person or persons so refusing to Ward there to remain without Bail or mainprise until he or they so refusing shall make their said accounts before such persons as the said Bishop Ordinary Chancellors or Commissaries and Justices of Peace shall appoint and to make Immediate payment of the summs wherewith by determination of the said account they shall be charged CCLIV 5 Eliz. 3. § 7. N. 3. And if the person or persons Ordinary so sent for viz. 5 6 Ed. 6. 2. § 5. N. 2. of his or their froward or wilful mind shall obstinately refuse to give weekly for the relief of the poor according to his or their abilites that then the Bishop or Ordinary of the Diocess Chancellors or Commissaries shall have full power and Authority by vertue of this Act to bind the said obstinate and wilfull persons so refusing unto the Queen by recognizance in the the summ of 10 l. which conditition thereupon to be Indorsed that the said obstinate person so refusing shall personally appear before the Justices of Peace of the County where the same person shall then inhabit and dwel if it be out of any City Borough or Town-Corporate and if it be within any City Borough or Town-Corporate then before the Mayors Bailiffs or other Head-Officers of every such City Borough or Town-Corporate at the next General Sessions to be holden before the said Justices within the said County or at the next Court to be holden before the said Mayors Bailiffs or other Head-Officers within every such City Borough or Town-Corporate and that the same obstinate person shall not from thence depart without the License of the said Justices if he dwell out of any City Borough or Town-Corporate of the said Mayor Bailiff or other Head-Officers if he dwel within any such City Borough or Town-Corporate CCLV. 5 Eliz. 3. § 7. N. 4. And if any such obstinate person shall refuse to be bound as is aforesaid that then the said Bishop Ordinary Imprisonment Chancellor or Commissary shall have Authority by this Act to commit the said Obstinate person to prison there to remain without Bail or mainprise until the said obstinate person shall become bound as is aforesaid CCLVI. 5 Eliz. 3. § 8. N. 1. And further be it Enacted Justices c. that the said Justices or such of them as shall be at the said Sessions or the Mayor Bailiffs or other Head-Officers of every such City Borough or Town-Corporate if the said obstinate person do appear before them shall Charitably and gently perswade and move the said obstinate persons to extend his or their Charity towards the relief of the poor of the parish where he or she inhabiteth and dwelleth CCLVII 5 Eliz. 3. § 8. N. 2. And if he or she shall obstinately and wilfully stand in the same Taxes and will not be perswaded therein by the said Justices Mayor Bailiff or other Head-Officers that then it shall and may be lawful to and for the said Justices if it be out of any City Borough or Town-Corporate for the Mayor Bailiff or other Head-Officers of the same City Borough or Town-Corporate with the Church-wardens where the said obstinate person shall inhabit or one of them to sesse tax and limit upon every such obstinate person so refusing according to their Good discretions what sum the said obstinate person shall pay weekly towards the relief of the Poor
Ireland or from the Isle of man into this Realm of England do from the last day of June next comming wittingly or willingly transport bring carry or convey or suffer to be transported brought carried or conveyed in any Ship Picard Vessel Boat or Boats from and out of the said Realm of Ireland or from or out of the said Isle of Man into the Realm of England or Wales or any part thereof any Vagabond Rogue or Begger or any such as shall be forced or very like to live by Begging within the Realms of England or Wales being born in the Realm of Ireland or in the said Isle of Man Ouster le mere CCCLVII 14 Eliz. 5. § 31. N. 2. On pain of every such person or persons so bringing transporting carrying or conveying either suffering to be brought transported carryed and conveyed in manner and form aforesaid to forfeit and lose for every such Vagabond Rogue Begger or other person which shall be forced or like to live by begging within this Realm of England or Wales being transported and set on Land in any part of England or of Wales 20 s. of lawful English mony to the use of the Poor of the same Parish in which they were set on Land Seisure CCCLVIII 14 Eliz. 5. § 31. N. 3. To be levyed by the Collectors of the same Poor for the time being by seisure and selling of any the Goods and Chattels of the same person which shall so bring transport carry or convey any such Rogue Vagabond or Begger or other person which shall be forced or like to live by Begging within the Realm of England or of Wales to the value of the same forfeiture Vagabond CCCLIX 14 Eliz. 5. § 31. N. 4. And on the pain of the same Vagabonds Rogues and Beggers so set on Land to be punished as the other Vagabonds and sturdy Beggers in this Act before mentioned and declared Ireland CCCLX 14 Eliz. 5. § 32. N. 1. And be it likewise Enacted if any such Maniske or Irish Rogue Vagabond or Begger been already or shall at any time hereafter be set on Land in any part of England or of Wales the same shall be conveyed to the next Port in or near which they were Landed and from thence be transported at the Common charge of the County where they were set on Land into those parts from whence they came or were transported CCCLXI. 14 Eliz. 5. § 33. N. 1. Also be it provided Taxes that if any manner of person shall hereafter find him or her self grieved with any Taxation set upon them by vertue of this Act it shall be lawful for them at the next General Sessions of the Peace to be holden within the same Shire where their Taxation shall be to make complaint thereof to the Justices o the Bench and to be eased of their excessive charge by the discretion of the whole Bench or the most part of them CCCLXII 14 Eliz. 5. § 33. N. 2. And if any default shall be hereafter found in any Justices of the Peace or Quorum Justices in or about the Execution of this Act every of the said Justices upon proof of the said default by two sufficient Witnesses before the Justices of Assize at the next General Sessions of Goal delivery for the same County after the same default shall forfeit and lose 5 l. c. The one half whereof to be to the use of the said Poor people of the same County and the other half to the Queens Majesty which said forfeiture shall be levyed by distress by discretion of the said Justices of Assizes CCCLXIII 14 Eliz. 5. § 34. N. 1. And whereas a great number of Poor and diseased people do resort to the City of Bath Pasport in the County of Somerset and the Town of Buckstone in the County of Derby for some ease and relief of their diseases at the Baths there and by means thereof the Inhabitants of the same City of Bath and Town of Buckstone are greatly overcharged with the same Poor people to their intolerable charge CCCLXIV Be it Enacted Licence c. that no diseased or Impotent Poor person living on Alms at any time after the Feast of Saint Bartholomew the Apostle next coming shall resort or repair from their dwelling places to the said City of Bath and Town of Buckstone or either of them to the Baths there for ease of their grief unless such person be not only Licenced so to do by two Justices of the Peace of the County where such person doth or shall then dwell or remain but also provided for of the Inhabitants of such Hundred Parishes or places from whence they shall be so Licenced to travail of such relief for and towards his maintenance as shall be necessary for the same person for the time of such his abode at the said City of Bath and Town of Buckstone or either of them and return home again as shall be limited by the same Licence upon pain to be reputed punished and used as Vagabonds by the purview of this Statute and that the Inhabitants of the same City and Town shall not in any wise be charged by this Act with the finding or relief of any such Poor people CCCLXV 14 Eliz. 5. § 35. N. 1. And for the better performance of this Charitable Act Hospital it is ordained and established that whereas the late King of Famous Memory King Henry the Eighth his Heirs or Successors or any other person or persons heretofore by his or their several and lawful Erections and foundations hath or have ordained or appointed any summ or summs of mony rents reliefs or Commodity to the use of the Poor or for the repairing or mending of High-ways or Bridges not being taken away otherwise by Act of Parliament whether the same be in any Cathedral Church Colledge or elsewhere CCCLXVI 14 Eliz. 5. § 35. N. 2. That the Bishop of the Diocess Justices or his Chancellor within which the said Cathedral Church Colledge or place is And the Justices of Peace of the County within the which the said Cathedral Church Colledge or place is or three of them whereof one to be of the Quorum shall have Authority from time to time to examine how and after what manner the said Mony Rent Relief or Commodity is bestowed and to call to account the parties which do detain the said mony rents or relief and thereupon to take such order for the distribution of the same as to their discretions shall seem most fit and agreable to the good intent of the Founders Givers or Granters and thereof to make Certificate in the High-Court of Chancery once in every year Lambert 361. Imprisonment CCCLXVII 14 Eliz. 5. § 36. N. 1. Provided always that whereas by reason of this Act the common Goals of every Shire within this Realm are likely to be greatly pestered with a more number of Prisoners than heretofore hath been for
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
to the intent that the Sheriff shall there answer the same to the Kings use § 3. N. 1. Provided always and be it Enacted by Authority aforesaid Fees that every of the said Iustices of Peace shall have for holding of every of their said Sessions as is aforesaid 4 s. for their Costs § 3. N. 2. And the Clerk of the Sessions by them to be appointed for the making and writing of the Process and Extracts of the Sessions Offices for every Sessions 2 s. to be paid by the hands of the Sheriff of the Kings part and Portion of the Pains Losses and Forfeitures and of the Issues Fines and Amercements aforesaid § 4. N. 1. Provided always that Iustices of Peace in Cities Corporat Boroughs and Towns Corporate not being Shires or Counties of themselves shall assemble once in the year with the Iustices of Peace of the Shire where such Cities Boroughs or Towns Corporate be and shall be limited to execute this Act within the City Borough or Town Corporate where they shall be Iustices of Peace and not elsewhere Indictment Provided also that no Information or Presentment § 5. N. 1. shall be had or taken by the said Iustices of Peace so divided by Authority of this Act but for such Offences Defaults or Contempts as be or shall be done within the limits of their Division Justices And be it further Enacted by Authority aforesaid § 6. N. 1. that the said Iustices of Peace so divided or two of them within the limits of their Division shall have full Power and Authority to examin inquire hear and determin by Information and Tryal as is aforesaid all Defaults and Contempts which after the Feast of the Nativity of our Lord next coming shall be done or committed by any Servants commonly called Yeomen or Grooms Husbandmen Labourers and Artificers or any of them against the tenor form and effect of the Statutes and Laws made for excessive Apparel and to correct and punish the Offenders therein being thereof Convict afore them as is aforesaid according to such Pains Forfeitures and Punishments as is limited by the said Laws and Statutes of Apparrel to be levyed paid and certifyed as is aforesaid Wales And it is further Enacted by the Authority aforesaid § 7. N. 1. that as well the Iustices of Assize as the Iustices of Chester and the Kings Iustices of North-Wales and South-Wales in all and singular their Circuits shall have full Authority and Power by the force of this present Act to inquire as well by Information as by Presentment before them of the Defaults Contempts Omissions Negligences Favours Affections Corruptions and other things whatsoever they shall be of all and singular the said Iustices of Peace which shall not diligently truly and duly see put and cause the said good Laws and Statutes Ordinances and Provisions to be put in due Exercise and perfect Execution according to the effects as well of the said Statutes heretofore made as of this present Act and to hear examin and determin the same as is aforesaid Amercement And to assess such Fines upon the said Iustices of Peace § 7. N. 2. and upon every of them being Convict of any Defaults Negligences and Offences as is aforesaid as to their discretion shall be thought expedient for the Quality and Quantity of their Offences Officers And be it Enacted by the Authority aforesaid that all Sheriffs § 8. N. 1. Bayliffs Constables Head-Boroughs and all and singular other Officers and Ministers whatsoever as well within Liberty as without shall be attendant aiding and assisting to all and singular the said Iustices of Peace in and for the due Execution of this Act upon Pain to make such Fines as by the said Iustices of Peace or two of them shall be assessed to the Kings use by their discretions Justices Provided always § 9. N. 1. that this Statute shall not bind any Iustice of Peace or of Quorum to assemble or execute any thing in this Act or in any other Shire City Borough or place then in such Shire City Borough or place where he shall be resident and dwelling at that time when such Assembly shall be made by vertue of this Act Appearance Provided also § 10. N. 1. that such Lords and others which being Iustices of Peace or Quorum be or shall be of the Kings Privy Council attendant upon his Royal Person or any Principal Officer of his Highness House attendant upon his Office and other which shall happen to be appointed in his Highness Service by his Majesties Commandment shall not be compelled to assemble with the Iustices of Peace or Quorum in any Shire City or Borough or otherwise bounden to do or exercise by Authority of this Act than they be bound to do afore the making of this Act any thing or things contained in this Act to the contrary notwithstanding Prerog Provided also that the Iustices of either Bench § 11. N. 1. Barons of the Kings Exchequer the Kings Attorny and Solicitor and all other Iustices Officers and Ministers being bound to attend at the Terms shall not during their such attendance be compelled to hold or keep any Sessions in the limits divided to them upon the Assembly of the Iustices of Peace as is aforesaid Days And to the intent that the said Iustices Barons § 12. N. 1. and all other Officers and Ministers aforesaid may the better be once in the year at every Assembly aforesaid it is therefore Ordained by Authority of this Act that the Quarter Sessions holden after Easter shall be yearly kept upon the Tuesday next after Low-Sunday in every Shire of this Realm Wales and other the Kings Dominions § 13. N. 1. Provided always Franchise that this Act or any thing therein contained shall not in any wise extend to the County Palatine of Hexam within the County of Northumberland ne to the County Palatine of Ely within the County of Cambridge nor to any Town-Corporate or Liberty within either of the said Counties Palatine having Iustices of Peace for or concerning the extracting returning certifying or levying of any Issues Fines Forfeitures Amercements or Penalties to be assessed or taxed upon any person or persons in any Sessions to be holden within the said Counties Palatine or either of them or within any Town-Corporate situate and being within either of the said Counties Palatine § 13. N. 2. But that the same Issues Fines Forfeitures Amercements Amercements and Penalties and every of them may be assessed taxed extracted returned certifyed and levyed from time to time hereafter in such manner and form to all intents and purposes as they and every of them have been used to be assessed taxed extracted returned certifyed and levyed at any time before the making of this Act or should be assessed taxed extracted returned certifyed and levyed if this Act had never béen