much thereof under the same fourth part of the said Woods and Vnder-woods as shall by the Discretions and Wisdoms of the said Iustices be thought necessary and requisite to limit and set out Parliament Statutes made in the Parliament holden at Westminster 37 H. 8. pa. 605. in the seven and thirieth year of the most renowned H. 8. by the Grace of God King of England France and Ireland Defendor of the Faith and of the Church of England and also of Ireland in Earth Supream Head Chancery Where before this time the Lord Chancellor of England for the time being hath by reason of his Office of the Chancellorship Cap. 1. the Nomination and Appointment of the Custos Rotulorum within all and every Shire of this Realm of England and Wales and other the Kings Dominions Marches and Territories of the same 3 4 Ed. 6. Cap. 1 § 2. N. 3. Peace And yet in like manner all and every person which had enjoyed the said Office of the Custos Rotulorum hath had until now of late § 1. N. 2. the nomination and appointment of the Clerk of the Peace within such Shires where he or they had and enjoyed the said Office of Custos Rotulorum Officer And where now of late divers and sundry persons within this Realm being not learned § 1. N. 3. nor yet meet ne able for lack of Knowledge and Learning to occupy and exercise the said Office of the Custos Rotulorum and of the Clerk of the Peace have of late years by labor friendship and means attained and gotten for term of their lives of the Kings Majesty several Grants by his Highness Letters Patents to them made of the Clerkship of the Peace by reason whereof and for that the Parties to whom the said several Grants have been so made and granted have not been sufficiently learned to exercise and occupy the same Office and Offices many and sundry Indictments as well of Felony Murder and other Offences and Misdemeanors and the Process awarded upon the same Indictments have not only been by reason thereof made clearly frustrate and void sometime by reason of the negligent ingrossing and keeping of the said Indictments and sometime by reason of the Imbezelling or Razure of the same Indictments Inrollment But also viz. by ignorant Clerks divers and sundry Bargains and Sales of divers and sundry Mannors Lands and Tenements § 1. N. 4. had and made between party and party have been made frustrate and void for lack of sufficient Inrolment of the Bargains and Sales to be had and made by the Clerks of the Peace to the great hindrance of Iustice and to the Disinheritance of divers of the Kings most Loving Subjects § 2. N. 1. For Reformation whereof Ability to the intent that Iustice may be the better hereafter preserved and that the same Offices may hereafter be occupyed and exercised by such persons learned in the Laws of this Realm as shall be able to exercise and supply the same § 2. N. 2. Be it Enacted by the King our Soveraign Lord Prerog with the Assent of the Lords Spiritual and Temporal and of the Commons in this present Parliament assembled and by Authority of the same that no person or persons shall from henceforth be nominated and appointed to the said Office and Offices of the Custos Rotulorum within any Shire of this Realm of England Wales and other the Kings Dominions Marches or Territories of the same but such as shall have a Bill signed with the Kings hand for the same 3 4 Ed. 6. Cap. 1. § 2. N. 3. Which Bill signed Chancery shall be a sufficient Warrant by the Authority abovesaid to the said Lord Chancellor of England and the 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 hath by another Bill assigned with his own hand appointed and ordained one other person to have occupy and exercise the same Office of Custos Rotulorum 3 4 Ed. 6. Cap. 1. § 1. N. 2. § 2. N. 4. And that the said person appointed and Assigned to be Custos Rotulorum as is abovesaid shall and may occupy Patents exercise and enjoy the same 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 3 4 Ed. 6. Cap. 1. § 1. N. 3. § 3. N. 1. And be it further Enacted by the Authority of this present Parliament Peace that every Custos Rotulorum for the time being shall at all times hereafter in every Shire of this Realm Wales and other the Kings Dominions Marches and Territories of the same nominate elect appoint and assign all and every person and person which hereafter shall be Clerks of the Peace within any of the said Shires of this Realm of England Wales and other the Kings Dominions Marches and Territories of the same § 3. N. 2. And to give and grant the said Office and Offices of Clerkship of the Peace Officer to such able persons instructed in the Laws of this Realm as shall be able to exercise and occupy the same to hold and enjoy the same during the term that the said Custos Rotulorum shall occupy and exercise the said Office of Custos Rotulorum so that the said Clerk demean him in the said Office justly and honestly § 3. N. 3. And that it be lawful to every such Grantors of the said Clerkship Deputy to occupy and enjoy the same Office of the Clerkship of the Peace by himself or by his sufficient Deputy instructed in the Laws of this Realm so that the same Deputy be admitted taken and reputed by the said Custos Rotulorum be sufficient and able to exercise occupy keep and enjoy the same Office of the Clerkship of the Peace § 4. N. 1. Provided always and be it Enacted by the Authority aforesaid Patents that all such as now have any of the said Offices of Custos Rotulorum or Clerkship of the Peace by the Kings Letters Patents of Commission to them made shall and may enjoy have and exercise their said Offices by vertue of the same Letters Patents or Commission by themselves or by their sufficient and able Deputy instructed in the Laws of this Realm any thing in this present Act had or made to the contrary notwithstanding § 5. N. 1. Provided also and be it Enacted by Authority abovesaid Franchise that the Arch-Bishop of York the Bishop of Durham the Bishop of Ely and every of their Successors and all and every such person and persons Corporations and Bodies Corporate to whom the Kings Majesty or any of his Noble Progenitors by his or
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
punish the Infringers and Contemners thereof in such wise as is limited by the same have been very remiss and negligent in doing their Offices to the great detriment hurt and prejudice of the Common-wealth Days For Reformation whereof § 1. N. 3. be it Enacted by the King our Soveraign Lord with the Assent of the Lords Spiritual and Temporal and the Commons in this present Parliament assembled and by Authority of the same that all and singular the Iustices of Peace within any Shire City Borough or Place within this Realm of England Wales or any other the Kings Dominions shall yearly at the general Sessions of the Peace to be holden next after the Feast of Easter assemble themselves together that is to say every Number of them within the limits of their Commissions wherein they be named Iustices of Peace 37 H. 8. Cap. 7. Peace And at and upon such their Assembly § 1. N. 4. shall diligently together amongst themselves peruse examine study and know the Effects and true Intents of the Laws Statutes Ordinances and Provisions hereafter specified that is to say the Laws and Scatutes heretofore made and provided concerning or in any wise touching Vagabonds Retainers giving Liveries Signs Tokens or Badges Maintenance Imbracery Bowstaves and Archery unlawful Games Forestallers and Regrators Victual-Victualers and Inn-holders and every of them and of all Statutes and Laws made in this present Parliament touching the same or any of them and after the perusing and deliberate understanding of the said Laws Statutes and Ordinances they shall devise among themselves how the same may be best put in due and just Execution 37 H. 8. Cap. 7. § 1. N. 2. Lieu. And for the better proceeding therein § 1. N. 5. they shall divide and sever them selves limiting and assigning alwayâ—s the number of two of them at least or more into Hundreds Wapentakes Rapes Commotes or number of Towns and Villages by their discretions 37 H. 8. Cap. 7. § 1. N. 4. Justices And that the said Iustices so divided § 1. N. 6. or two of them at the least shall in every Quarter of the Year from and after the said Feast of Easter next coming hold and keep within the limits of their Division one Session besides the general Quarter Sessions for the Peace the said one Session to be kept and holden alwayes within the limits of their Division at and in one such day as by them shall be appointed so that it be always six weeks at the least before the Quarter Sessions 37 H. 8. Cap. 7. § 1. N. 7. Dayes And that all Process and Proceedings in every of the said Sessions so to be holden shall be continued from Sessions to Sessions 37 H. 8. Cap. 7. § 1. N. 7. § 1. N. 6. Enquest And that the said Iustices or two of them at the least § 1. N. 8. at and in every such Sessions shall have power and authority to enquire as well by the Oaths of twelve men Inhabitants within the limits of their Division as by any Information given to them by any Person or Persons of all defaults offences or contempts done or committed or hereafter to be done or committed against the Form of any of the Statutes aforesaid and to hear and determin the same 37 Hen. 8. Cap. 7. § 1. N. 7. Outlary And shall also have power and authority upon any Presentment or § 1. N. 9 Information touching the Premises or any of them to make Process by Venire Facias one Capias and an Exigent under the Seals of the same Iustices or two of them against every such Person and Persons against whom any such Information or Presentment shall be had for their appearance afore them in their Sessions to be holden as is aforesaid to answer to such Information or Presentment as shall be there had or made 37. H 8. Cap. 7. § 1. N. 8. §. 1. N. 10. And if the Person or Persons accused by Information or Presentment shall be convict upon any such Information or Presentment by Confession or Verdict of twelve men that then the said Iustices of Peace Execution or two of them afore whom such conviction shall be had shall have power and authority to give Iudgement against every such Offender and Offenders so convict of such pains by imprisonment or such Pains losses and forfeitures of mony or both or any of them as are limited in the said several Statutes for such offences whereof they shall be so convict and cause Execution thereof to be made and had accordingly 37 H. 8. Cap. 7. § 1. N. 9. § 1. N. 11. And also the said Iustices of Peace or two of them Inquest at and in their said Sessions to be holden as is aforesaid shall have power and authority to correct and reform the Pannels of Iuries for any Inquiries to be made afore them touching the said Statutes or any of them in like manner or form as Iustices of Goal-delivery and of Peace may do in their Sessions by vertue of a Statute thereof made in the third year of our most dread Soverign Lord the Kings Raign that now is viz. 3 H. 8. 12. 37 H. 8. Cap. 7. § 1. N. 10. § 1. N. 12. And that the Sheriffs and other Ministers having power to return Pannels Return shall make his and their Returns according to such Reformation and Correction of the Iustices aforesaid upon the Pain limited by the same Statute viz. 3 H. 8. Cap. 12. 37 H. 8. 7. § 1. N. Cap. 11. § 2. N. 1. And it is ordained and enacted by Authority aforesaid Prerog that if any person or persons be Convict as is aforesaid by any Information afore the said Iustices or two of them within the limits of their Division that then the Moity of the Pains Losses and Forfeitures of Mony of the Offenders so Convict shall be to the Kings Majesties use and the other Moity thereof to the Party that persueth such Information according to the tenor and effect of the said several Statutes § 2. N. 2. And if any Conviction be had by reason or upon any Presentment Forfeiture that then the Kings Majesty shall have the whole Pains Fines and Forfeitures of the Offenders all which Pains Fines Losses and Forfeitures of Mony to be due to the King by reason of any Conviction as is aforesaid together with all Issues Fines and Amercements afore the said Iustices within the limits of their Division shall be levyed by the Sheriff or his Ministers by a Schedule Indented to be made between such Iustices or two of them afore whom such Pains Losses and Forfeitures Fines Issues and Amercements shall be lost and forfeit and the said Sheriff § 2. N. 3. The one part of which Schedule Certificate shall be certified by the said Iustices or two of them yearly in the Term of St. Michael into the Kings Exchequer
their Letters Patents have given and granted any Liberty and Authority or otherwise have Authority by other lawful means or ways to ordain make and constitute any of the said Officers of Custos Rotulorum or Clerk of the Peace within any County Palatine or other place and may have and enjoy the same Liberty and Authority according as they have enjoyed the same any thing in this present Act had or made to the contrary notwithstanding Parliament Where in the Parliament begun at Westminster the sixteenth day of January in the three and thirtieth year of the Kings Majesties Reign Cap 7. viz. 33 H. 8. Cap. 10. § 1. N. 3. it was Enacted amongst other things that all and singular Iustices of the Peace within any Shire City Borough or place within this Realm of England Wales or any other the Kings Dominions should yearly at the general Sessions of the Peace to be holden next after the Feast of Easter assemble themselves together that is to say every number of them within the limits of their Commissions wherein they be named Iustices of the Peace c. Justices And forasmuch as the Kings most loving Subjects are much Travailed and otherwise Incumbred § 2. N. 1. in comming and keeping of the said six weeks Sessions to their Costs Charges and Vnquietness Be it therefore Enacted by the King our Soveraign Lord § 2. N. 2. with the Assent of the Lords Spiritual and Temporal and the Commons of this present Parliament assembled and by the Authority of the same that the said former Act made in the said three and thirtieth year of the Kings Majesties Reign viz. 33 H. 8. Cap. 10. and all Ordinances Articles Provisions and things therein contained shall be from henceforth repealed Inquest annulled and utterly voyd and of none effect to all Intents Constructions and Purposes § 2. N. 3. And that all and every Article therein contained viz. in 33 H. 8. Cap. 10. Justices shall be by vertue hereof inquired of before all Iustices of Peace at their August Quarter Sessions § 2. N. 4. And that the same Iustices of Peace at their said Quarter Sessions shall have like Power and Authority by vertue hereof to punish and reform all and every such Offence and Offences in like manner and form as they might have done by vertue of the said former Act made in the said three and thirtieth year of the Kings Reign viz. 33 H. 8. Cap. 10. Statuta Edw. 6. Religion AND for full and effectual Execution of c. this Act 1 Ed. 6. C. 1. § 1 N. 7. viz. against Reviling the Sacrament c. be it furthermore Enacted c. that c. the Iustices of Peace or three of them at the least whereof one of them to be of the Quorum in every Shire of this Realm and Wales and all other places within the Kings Dominions shall have full Power c. as well to take Information and Accusation by the Oaths and Depositions of two able honest and lawful persons at the least Days And after such Accusation or Information so had § 1. N. 8. to inquire by the Oaths of twelve men in every their four Quarter Sessions yearly to be holden of all and singular such Accusations or Informations to be had or made of any of the Offences abovesaid c. within the limits of their Commission Indictment And that upon every such Accusation and Information the Offender § 1. N. 9. c. shall be inquired of and indicted before the said Iustices of Peace or three of them at the least c. of the said Contempts and Offences by the Verdict of twelve honest and indifferent men if the matter of the said Accusation and Information shall seem to the said Iury good and true Justices And it is also further Enacted § 2. N. 1. c. that the said Iustices of Peace or three of them at the least c. before whom any such Presentment Information and Accusation shall be made or taken c. shall examin the Accusers what other Witnesses were by and present at the time of the doing and committing of the Offence c. and how many others than the Accusers have knowledge thereof â—ecogniâ—â—nce And shall have Power c. by their discretions § 2. N. 2. to bind by Recognizance to be taken before them as well the said Accusers as all such other persons whom the said Accusers shall declare to have knowledge of the Offences by them presented and informed every of them in five pounds to the King to appear before the said Iustices of the Peace before whom the Offender c. shall be tryed at the day of the tryal and deliverance of such Offenders § 3. N. 1. And it is further Enacted Process c. that the said Iustices of Peace or three of them at the least c. shall have full Power c. to make Process against every person and persons so Indicted by two Capias and an Exigent and by Capias Utlagatum as well within the limits of their Commission as into all other Shires and Places of this Realm Wales and other the Kings Dominions as well within Liberties as without c. § 3. N. 2. And upon the Appearance of any of the Offenders shall have full power Religion c. to determin the Contempts and Offences aforesaid viz. in reviling the Sacrament c. According to the Laws of this Realm and the effects of this Act. § 3. N. 3. And that the said Iustices c. or three c. at the least Bayl. c. shall have full Power c. to let any such person c. so Indicted upon sufficient Sureties by their discretions to Bail for their appearance to be tryed c. § 4. N. 1. Provided always and be it Enacted Ordinary that the said Iustices of the Peace or three of them at the least at their Quarter Sessions where any Offender c. shall be c. Indicted c. shall direct and award one Writ in the Kings Name to the Bishop of the Diocess wherein the said Offences c. are supposed to be committed or done willing and requiring the said Bishop to be in his own person or by his Chancellor or other his sufficient Deputy learned at the Quarter Sessions in the said County to be holden when and where the said Offender shall be arraigned and tryed appointing to them in the said Writ the Day and Place of the said Arraignment C. 5. § 2. N. 1. And be it further Enacted c. that it shall be lawful Merchants c. to all and every the Kings Iustices of Peace in every Shire as well in England as in Wales in their Quarter Sessions to inquire of all and every Offence or Offences hereafter to be perpetrated committed or done contrary to this Act viz. In conveying Horses
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
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
they shall think meet and convenient Licence And that none § 1. N. 3. c. shall be admitted or suffered to keep any common Ale-house or Tipling-house but such as shall be thereunto admitted and allowed in the open Sessions of the Peace or else by two Iustices of the Peace whereof ene to be of the Quorum Recognizance And that the said Iustices of the Peace or two of them § 1. N. 4. whereof one to be of the Quorum shall take Band and Surety from time to time by Recognizance of such as shall be admitted and allowed hereafter to keep any common Ale-house or Tipling-house as well for and against the using of unlawful Games as also for the using and maintenance of good Order and Rule to be had and used within the same as by their discretion shall be thought necessary and convenient Certificate And the said Iustices shall certify the same Recognizance at the next Quarter Sessions of the Peace to be holden within the same Shire § 2. N. 1. c. where such Ale-house or Tipling-house shall be Records The same Recognizance there to remain of Record before the Iustices of Peace of that Shire § 2. N. 2. c Forfeiture Vpon pain of Forfeiture to the King for every such Recognizance taken and not certified three pounds six shillings and eight pence § 2. N. 3 Justices And it is further Enacted c. that the Iustices of Peace of every Shire § 3. N. 1. c. where such Recognizance shall be taken shall have Power c. in their Quarter Sessions of the Peace by Presentment Information or otherwise by their discretion to enquire of all such persons as shall be admitted and allowed to keep any Ale-house or Tipling-house and that be bound by Recognizance c. if they or any of them have done any act or acts whereby they or any of them have forfeited the same Recognizance Process And the said Iustices of every Shire and Places where they be Iustices shall upon every such Presentment or Information § 3. N. 2. award Process against every such person so presented or complained upon before them to shew why he should not forfeit his Recognizance Justices And shall have Power § 3. N. 3 c. to hear and determin the same by all ways and means as by their discretion shall be thought good Imprisonment And it is further Enacted c. that if any person § 4. N. 1. c. other than such as shall be hereafter admitted or allowed by the said Iustices shall c. obstinately and upon his own Authority take upon him c. to keep a common Ale-house c. or shall contrary to the Commandment of the said Iustices or two of them use commonly selling of Ale and Beer that then the said Iustices of Peace or two of them whereof one to be of the Quorum shall for every such Offence commit every such person c. to the Common-Goal c. there to remain without Bail or Mainprize by the space of three days 3 Car. 1. Cap. 3. 4 § 1. N. 6. Certificate And the said Iustices shall make Certificate of every such Recognizance and Offence at the next Quarter Sessions § 5. N. 1. c. where the same shall be committed or done Process Which Certificate shall be a sufficient Conviction in Law of the same Offence § 5. N. 2. Execution And the said Iustices of Peace upon the said Certificate made § 5. N. 3 shall in open Sessions assess the Fine for every such Offence at twenty shillings Wine Nor that it shall be lawful to any person c. to keep any Tavern 7 Ed. 6. C. 5. § 3. N. 1. or to sell or utter any Wine by Retayl c. in any City Borough Port Town or Market-Town not Corporate within the Realm of England or Wales or in the said Towns of Gravesend Sittingborn or Bagshot but only such person c. as thereto shall be assigned c. by all or most part of the Iustices of Peace for the time being of such Shire or County where such Tavern or selling of Wine by Retayl shall be had or allowed as shall be present at the general Sessions for the time being to be holden in every of the said Shires or Counties 12 Car. 2. Cap. 25. § 3. N. 7. The said Assignment Licence c. to be had and made in full Session by writing under the several Seals of every of the said Iustices and to be continued altered or changed c. viz. at the pleasure of the Majority § 6. N. 1. And it is further Enacted Justices c. that the Iustices of Peace of every Shire or County City and Town-Corporate in their several Sessions and the Stewards in every Leet and the Sheriff in his Turn and every Escheator shall have full Power c. to inquire by the Oaths of twelve men of all and every Offence and Offences perpetrated or done contrary to the form of this Act. C. 11. § 11. N. 4. And be it further Enacted Coron c. viz. because good and beneficial that all c. the said several Acts c. viz. 3 4 Ed. 6. 5. Of Riots c. and all Clauses c. shall be revived c. untill the last day of the next Parliament 1 Mar. 1. St. 2. C. 3. § 5. N. 2. And that the said Iustice of Peace viz. before whom any is brought for disturbing Preacher Religion breaking Altar c. upon due Examination thereupon had and made by the Apprehendor c. or other person c. of any of the said persons c. so offending forthwith shall commit the said person c. so apprehended to safe keeping c. as by the discretion of the said Iustice shall be thought most meet and convenient § 5. N. 3. And that within six days next and immediately after the said Accusation so had and made to the said Iustice Process the said Iustice with one other Iustice of the said Shire City Borough Liberty or Town-Corporate shall diligently examin the act or acts offence or offences aforesaid Cap. 8. Where in one Act of Parliament c. viz. 1 Ed. 6. 7. § 4. N. 1. Dignity It is Ordained c. that albeit any person or persons being Iustice of Assize Iustice of Goal-delivery or Iustice of Peace within any of the Kings Dominions or being in any other of the Kings Commissions whatsoever shall fortune to be made 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 and they should remain Iustice and Commissioner and have full Power and Authority to execute the same in like manner and form as he or they might and ought to
by Examination of two lawful Witnesses or by any of the same ways or means by the discretion of the said Iustices and to make Process there upon as though they were indicted before them by Inquisition or by Verdict of twelve men or more Amercements And upon the Conviction of the Offender by Information or Suit of any other then the Queen to make Extracts of the Moity of the Forfeitures to be levyed to the Queens use § 8. N. 2. as they use to do of other Fines and Amercements grown in the Sessions of the Peace and to award Execution of the other Moity for the Complainant or Informer against the Offender by Fieri facias or Capias as the Queens Iustices at Westminster may do Forfeiture And if any such Conviction or Attainder shall hereafter happen to be at the Queens Suit only § 8. N. 3. that then the whole Forfeitures to be extracted and levyed to the Queens use only Ways And be it further Enacted c. that C. 13. § 8. N. 1. c. all and every such Supervisor and Supervisors for the time being viz. of High-ways within one Month next after Default or Offence made done or committed by any person c. contrary to the Provision c. viz of 2 3 Ph. Mar. Cap. 8. or contrary to the Provision c. of this present Act shall present every such Default or Offence to the next Iustice of Peace for the time being viz. on Forfeit of 40 s. Certificate And that every such Iustice of Peace to whom any such Default or Offence viz. of High-ways shall be presented as is aforesaid § 8. N. 3. shall certify the same Presentment so to him made at the next general Sessions within the said County then next after to be holden Certificate Vpon Pain to forfeit for not certifying of every such Presentment of every such Default or Offence as is aforesaid § 8. N. 4 100 l. Process And that the Iustices of Peace of every County where the said Defaults or Offences viz. of High-ways shall be committed § 8. N. 5. shall immediately have Authority to inquire of any such Default or Offence committed within the limits of their Commission at every their quarter Sessions and to assess such Fines for the same as they or two of them whereof one to be of the Quorum shall think meet â—ustices And be it further Enacted c. that every Iustice of Peace § 9. N. 1 shall have Authority by this Statute of his own Proof Knowledge in the open general Sessions to make Presentment of any High-way not well and sufficiently repared and amended or of any other Default or Offence committed and done within the County and limits of his Commission contrary to the Provision and Intent of this Statute or of c. viz. 2 3 Ph. Mar. Cap. 8. § 9. N. 2. And that every such Presentment made by any such Iustice of Peace upon his own knowledge as is aforesaid Inquest shall be as good and of the same force c. as if the same had been presented found and adjudged by the Oath of twelve men § 9. N. 3. And that for every such Default so presented as is aforesaid Amercement the Iustices of the Peace of the said County shall immediately at the said general Sessions have Authority to assess such Fines as to them or two of them whereof the one to be of the Quorum shall be thought meet § 9. N. 4. Saving every person Pleading c. that shall be touched by any such Presentment to have his or their lawful Traverse to the same Presentment as they might have upon any Indictment of Trespass or forcible Entry by the Laws of this Realm before the making of this Statute § 10. N. 1. And that all such Fines Forfeitures Forfeitures and Amercements to be assessed by the said Iustices of the Peace at their general Sessions in any of the Cases aforesaid shall be Estreated by the Clerk of the Peace of the said County and shall be levyed in such mâ—nner and form and imployed to such uses and intents as in the said Statute c. viz. 2 3 Ph. Mar. Cap. 8. § 6. N. 1. is limited and appointed C. 15. § 4. N. 1. And be it further Enacted c. that all and every Iustice of Assize Slander c. of Oyer and Determiner and Iustice of Peace shall have full Power and Authority by vertue hereof to inquire hear and determine all and every Offence c. viz. of false Prophesies on occasion of War c. committed or done within the limits of their Commission contrary to the Tenor and Meaning of this Act. C. 21. § 6. N. 1. And be it further Enacted Forest c. that the Iustices of Oyer and Determiner c. of Assize in their Circuits and Iustices the of Peace and Goal-delivery in their Sessions shall by vertue hereof have Power and Authority to inquire hear and determine all and singular the Offences c. viz. of cutting Heads or Dams of Ponds breaking Parks or Ground inclosed stealing Fish Hawks or Eggs c. and to make and award Process thereupon as well upon Indictments taken before them as by Bill of Complaint Information or any other Action in which Suit or Action no Essoyn Wager of Law nor Protection shall be allowed 8 Eliz. Cap. 3. § 4. N. 1. And be it further Enacted c. that the Iustices of Oyer and Terminer Cattle c. of Goal-delivery and Iustices of the Peace in every County and Shire within this Realm of England and Wales and other the Queens Majesties Dominions shall have full Power and Authority by vertue of this Act to inquire of every Offender c. viz. that Ships any Sheep to be conveyed out of any the Queens Dominions c. contrary to the form and effect of this Act and to hear and determine c. according to the Course of the Laws of this Realm C. 9. § 5. N. 1. And where such Vessels Viz. Barrel Measures Kilderkin or Firkin for Ale or Beer shall be made or sold out of any City Borough or Town Corporate the Prices thereof shall be rated and taxed by the Iustices of Peace or the more part of them being present in the general Quarter Sessions yearly next after Easter at such reasonable prices as they shall think reasonable by their discretions the said Statute c. viz. 23. H. 8. Cap. 4. § 5. N. 1. or any other Law c. notwithstanding 13 Eliz. Cap. 2. § 8. N. 1. Provided nevertheless and be it further Enacted Pope c. that if any person to whom any such Agnus Dei or other the things aforesaid viz. Crosses Pictures Beads c. shall be tendred and offered to be delivered shall apprehend the party so offering the same
otherwise as the Cause shall require Poor Nor viz. this Statute shall not extend to any Cottage to be made § 6. N. 4. which for any just respect upon Complaint to the Iustices of Assize at the Assizes or to the Iustices of Peace at the Quarter Sessions be decreed to continue for Habitation or for and during so long time only as by such Decree shall be altered and limited Force Be it Ordained Declared and Enacted c. viz. on 8 H. 6. Cap. 9. C. 11. § 3. N. 3. § 7. N. 1. that no restitution upon any Indictment of forcible Entry or holding with force be made to any person or persons if the person or persons so indicted hath had the Occupation or hath been in quiet Possession for the space of three whole years together next before the day of such Indictment so found and his her or their Estate or Estates therein not ended or determined Restitution Which the Party indicted shall and may alledge for stay of Restitution § 3. N. 4. and Restitution to stay until that be tryed if the other will deny or traverse the same Market Overt The one half of all which Forfeitures viz of not Tolling C. 12. § 2. N. 9. or Vouching or Entring Sale of Horses in Market c. to be to the Queens Majesty her Heirs and Successors and the other half to him or them that will sue for the same before the Iustices of Peace or in any of her Majesties ordinary Courts of Record by Bill Plaint Action of Debt or Information in which no Essoyn or Protection shall be allowed Cattle And be it further Enacted § 3. N. 1. that the Iustices of Peace in every Place and County as well within Liberties as without shall have Authority in their Sessions within the limits of their Authority and Commission to inquire hear and determine all Offences against this Statute viz. of selling Horses in Fairs and Markets as they may do any other matter tryable before them Pope And that the Iustices of Peace before whom any such Abjuration shall happen to be made c. viz. by Party absent a Month from Church 35 Eliz. C. 1. § 2. N. 3. or at Conventicle c. shall cause the same presently to be entred of Record before them and shall certify the same to the Iustices of Assizes and Goal-delivery of the County at the next Assizes or Goal-delivery to be holden in the same County Pope That in every such Case C. 2. § 8. N. 4. viz. where a restrained Papist exceeds five Miles of Home and is unable to pay Fine and doth not reform every such Offender being thereunto warned or required by any two Iustices of Peace or Coroner of the same County where such Offender shall then be shall upon his or their Corporal Oath before any two Iustices of the Peace or Coroner of the same County abjure this Realm of England and all other the Queens Majesties Dominions for ever Justices And that every Iustice of Peace and Coroner before whom any such Abjuration shall happen to be made as is aforesaid § 9. N. 1. shall cause the same presently to be entred of Record before them and shall certify the same to the Iustices of Assizes or Goal-delivery of the said County at the next Assizes or general Goal-delivery to be holden in the same County C. 4. § 1. N. 1 Be it Enacted Poor c. that every Parish within this Realm of England and Wales shall be charged to pay weekly such a sum of mony towards the relief of the sick hurt and maihmed Souldiers and Mariners that c. shall lose their Limbs or disable their Bodies having been pressed and in pay for her Majesties Service as by the Iustices of Peace or the more part of them in their general quarter Sessions to be holden in the several Counties c. about the Feast of St. John Baptist yearly shall be appointed § 1. N. 3. So as no Parish be rated above the sum of six pence Taxes nor under the sum of one penny weekly to be paid 39 Eliz. C. 2. § 9. N. 1. And be it further Enacted Husbandry c. that the Iustices of Assize or Iustices of Peace in every County within this Realm at the Assizes or quarter or general Sessions shall have full Power and Authority by vertue of this Act to inquire hear and determine all and every the Defaults and Offences committed or done contrary to this Act viz. Husbandry and Tillage within the County where any such Assizes or Sessions shall be kept by Inquisition Presentment Indictment Bill or Information or by any of the same ways or means § 9. N. 2. And upon the Conviction of the Offender Forfeitures by Information or Suit of any other than her Majesty her Heirs or Successors to make Extracts of one third part of the Forfeitures to be levyed for the Queens Majesty her Heirs and Successors as they use to do of other Fines Issues and Amercements grown in the Sessions of the Peace § 9. N. 3. And to award Execution of the two other third parts Execution the one for the Complainant or Informer and the other to the Poor by the discretion of the Iustices of Peace of the general Sessions against the Offender by Fieri facias and Capias as her Majesties Iustices at Westminster may do and use to do § 9. N. 4. And if any such Conviction shall hereafter happen to be at her Majesties Suit only Process that then the Forfeitures to be Extracted and levyed for her Majesty her Heirs and Suecessors to the uses aforesaid § 9. N. 5. And it is also further Enacted Husbandry that if any person shall hereafter be punished by vertue of this Act viz. of Husbandry and Tillage that the same person shall not otherwise be vexed troubled sued or put to any pain or punishment for the thing wherefore he or they shall have been so punished C. 3. § 1. N. 1. Be it Enacted c. that the Church-wardens of every Parish Poor and four substantial Housholders there being Subsidy-men or for want of Subsidy-men some other substantial Housholder of the said Parish who shall be nominated yearly in Easter week under the Hand and Seal of two or more Iustices of the Peace in the same County whereof one to be of the Quorum dwelling in or near the same Parish shall be called Overseers of the Poor of the same Parish 43 Eliz. Cap. 2. § 1. N. 1. § 1. N. 4. And also to raise weekly or otherwise Taxes by Taxation of every Inhabitant and every Occupier of Lands in the same Parish in such competent c. sums of mony as they shall think fit a convenient stock of Flax Hemp Wool Thred Iron and other necessary Ware and Stuff to set the Poor on work and also
contrary thereof notwithstanding Apprentices And for the better Execution of this Act be it further Enacted C. 3. § 6. N. 1. c. that all c. appointed by this Act to have the imploying and disposing of any sum or sums of mony so given or to be given as aforefaid viz. for binding out Apprentices c. within any Town or Parish not Corporate shall c. once every year in the Easter week or within one Month next after Easter day make a true and perfect Account before four three or two Iustices of the Peace dwelling in or next to every of the said Towns or Parishes of all such sum and sums of mony as they or any of them have imployed in binding of Apprentices by vertue of this Act and of all Bonds and Obligations taken for the paiment thereof and also of all such sums of mony as then shall haypen to be remaining in their hands not imployed Poor Which houses viz. of Correction shall be purchased C. 4. § 2. N. 2. conveyed or assured unto such person or persons as by the Iustices of Peace or the more part of them in their Quarter Sessions of the Peace to be holden within every County of this Realm of England and Wales upon Trust to the intent the same shall be used and imployed for the keéping correcting and setting to work of the said Rogues Vagabonds or sturdy Beggers and other idle and disorderly persons Justices And be it further Enacted § 4. N. 1. c. that the Iustices of Peace of every County within the Realm of England and Wales at their Quarter Sessions of the Peace to be holden before their several Counties next after the erecting providing or building of the said house or houses and from time to time or the most part of them shall elect nominate and appoint at their Will and Pleasure one or more honest fit person or persons to be Governour or Masters of the said house or houses so to be purchased erected built or provided Process And be it further Enacted § 5. N. 1 c. that the said Iustices of Peace of every County within every of their several Divisions twice in every year at the least and oftner if there be occasion shall assemble and meet together for the better Execution of this Statute and that some four or five days before their Assembly and meeting the said Iustices or the more part of them shall by their Warrant command the Constables and Tything-men of every Hundred Town Parish Village and Hamlet within their several Divisions which shall be assisted with sufficient men of the same Places to make a general privy search in one Night within their said Hundreds Towns Villages and Hamlets for the finding out and apprehending of the said Rogues Vagabonds wandring and idle persons Poor And that such Rogues Vagabonds § 5. N. 2. wandring and idle persons as they shall then find and apprehend in the said search shall by them be brought before the said Iustices at the said Assembly or Meeting there to be examined of their idle and wandring Life there to be punished or otherwise by their Warrant to be sent or conveyed unto the said House c. of Correction within the said County or to his Deputy or assigned to be set to labor and work Constables At which days and times of Assembly and Meeting so to be held by the said Iustices of Peace § 5. N. 3. the Constables and Tything-men of every Hundred Parish Town Village and Hamlet shall then appear in every their several Divisions before the said Iustices of Peace at the said Assemblies or Meetings and there shall give Account and Reckning upon Oath in Writing and under the Hand of the Minister of every Parish what Rogues Vagabonds and wandring and disorderly persons they have apprehended both in the same search and also between every such Assemblies and Meetings and how many have been by them punished or otherwise sent unto the Houses of Correction which if the said Constables or Tything-men shall neglect to perform as also to convey safely all such Rogues with all other idle and disorderly persons at the Charge of the Hundred as by the Iustices of Peace their Warrants shall be sent unto the houses of Correction in the same County that then they shall forfeit such further Fines Pains and Penalties as by the said Iustices of Peace or the most part of them shall be thought fit and convenient not exceeding the sum of 40 s. for every Offence § 6. N. 1. Be it therefore Enacted Poor c. that the said Masters or Governours of the said houses of Correction shall have such sums of mony yearly as shall be thought meet by the most part of the Iustices of Peace within the said County at the Quarter Sessions of the Peace the same to be paid Quarterly beforehand by the Treasurers appointed c. viz. 43 Eliz. Cap. 2. § N. during the time they the said Masters and Governours shall be imployed in the said Service the said Master and Governor giving sufficient Security for the continuance and performance of the said Service § 7. N. 1. And because great Charge ariseth upon many places within this Realm by reason of Bastardy Bastardy beside the great Dishonour of Almighty God Be it therefore Enacted c. that every lewd Woman which c. shall have any Bastard which may be chargeable to the Parish the Iustices of Peace shall commit such lewd Women to the house of Correction there to be punished and set on work during the term of one whole year § 7. N. 2. And if she shall Eftsoons offend again Imprisonment that then to be committed to the said house of Correction as aforesaid and then to remain until she can put in good Sureties for her good behavour not to offend so again § 8. N. 3. And if either such Man or Woman viz. having Children likely to charge the Parish being able to work Process and shall threaten to run away and to leave their Families c. the same being proved by two sufficient Witnesses upon Oath before two Iustices of Peace in that Division that then the said persons so threatning shall by the said Iustices of Peace be sent to the houses of Correction unless he or she can put in sufficient Sureties for the discharge of the Parish there to be dealt with and detained as a sturdy wandring Rogue and to be delivered at the said Assembly or Meeting or at the Quarter Sessions and not otherwise § 9. N. 1. Be it therefore Enacted Amercement c. that if they viz. the Masters of houses of Correction shall not every Quarter Sessions yield a true and lawful Account unto the Iustices of Peace of all such persons as have been committed to their Custody or if the said persons committed to their Custody or any of them
Inholders hereafter to be committed against the form of this present Statute C. 22. § 7. N. 1. Provided nevertheless and be it Enacted Victuals c that if the Iustices of the Peace of any of the Counties of this Realm of England or the Dominion of Wales at their Quarter Sessions of any of the said Counties shall declare and publish in open Sessions that the Traders aforesaid in Butter and Cheese viz. from London c. shall forbear to buy any Butter and Cheese for any time within the said County or Counties or within any Parts or Places of the same that then for and during the time of such Restraint the said Traders in Butter and Cheese that shall buy any such Butter viz. above a Barrel or Cheese viz. above a Weigh and sell the same again by Retail contrary to the Acts aforesaid viz. 3 4 Ed. 6. Cap. 21. § 2. N. 1. and 5 6 Ed. 6. Cap. 14. § 3. N. 1. shall not be freed of or from any Penalties of the said Acts but shall be subject to the same as if this Act had never been made Statuta Car. 1. Games AND that any one Iustice of the Peace of the County 1 Car. 1. Cap. 1. § 1. N. 5. or the Chief Officer or Officers of any City Borough or Town-Corporate where such Offence viz. of resorting to Sports on the Sunday c. shall be committed upon his or their View or Confession of the Party or Proof by one or more Witness by Oath which the said Iustice or Chief-Officer or Officers shall by vertue of this Act have Authority to Minister shall find any offending in the Premisses the said Iustice or Chief-Officer c. shall give Warrant under his or their Hand and Seal to the Constables and Church-wardens of the Parish c. where such Offence shall be committed to levy the said Penalty so to be assessed by way of Distress and Sale c. rendring to the said Offenders the overplus c. and in default of such Distress that the party offending be set publickly in the Stocks by the space of three hours Religion The said Offences Viz. Travailing 3 Car. 1. C. 1. 2. § 1. N. 4. or Killing or Selling Victual on Sunday and every of them being done in view of any Iustice of Peace Mayor or other Head-Officer of any City or Town-Corporate within their Limits respectively or being proved upon Oath by two or more Witnesses or by the Confession of the Party offending before any such Iustice Mayor or Head-Officer within their several Limits respectively wherein such Offence shall be committed to which end every such Iustice Mayor or Head-Officer shall have Power by this Act to minister an Oath to such Witness or Witnesses Forfeitures All which sums c. viz. of twenty shillings forfeit for travailing § 1. N. 5. and six shillings and eight pence for killing or selling Meat on Sunday c. shall or may be levyed by any Constable or Church-warden by Warrant from any â—uch Iustice or Iustices of Peace Mayor or other Head-Officer c. within their several Limits where such Offence shall be committed or done by distress and sale of the Offenders Goods c. or shall be recovered by any person c. by Bill Plaint or Information in any of his Majesties Courts of Record in any City or Town-Corporate before his Majesties Iustices of the Peace in their General Sessions of the Peace Poor All which Forfeitures shall be imployed to and for the use of the Poor of the Parishes where the said Offences shall be committed or done § 1. N. 6. saving only that it shall be lawful to and for any such Iustice Mayor or Head-Officer out of the said Forfeitures to reward any such person c. that shall inform or otherwise prosecute any person c. offending against this present Act according to their discretions so that such Reward exceed not the third part of the Forfeiture Ale Which Law viz. 5 6 Ed. 6. Cap. 25. § 4. 5. hath not wrought such Reformation as was intended C. 3. 4. § 1. N. 6. for that the said Fine of 20 s. is seldom levyed and for that many of the said Offenders by reason of their Poverty are neither able to pay the said Fine of 20 s. nor yet to bear their own charges of conveying them to the Goal and moreover do leave a great charge of Wife and Children upon the Parishes wherein they live in regard whereof the Constables and other Officers are much discouraged in presenting them and the Offenders become obstinate and incorrigible Licence For remedy whereof be it Enacted c. that if any § 2. N. 1. c. shall upon his own Authority not being thereunto Lawfully licenced take upon him or them to keep a Common Ale-house or Tipling-house or use commonly selling of Ale or Beer Cyder or Perry that then every such c. shall for every such Offence forfeit and lose c. 20 s. to the use of the Poor of the Parish c. the same Offence being viewed and seen by any Mayor Bailiff or Iustices of Peace or other Head-Officer within the several Limits or confessed by the Party so offending or approved by the Oath of two Witnesses to be taken before any Mayor Bailiff or other Head-Officer or any one or more Iustice or Iustices of the Peace who by vertue of this Act shall be authorized to minister the said Oath to any c. that can or will justifie the same being within the limits of their said Commission § 2. N. 2. The said Penalties to be levyed by the Constables or Church-wardens of the Parish c. where the said Offence shall be committed Forfeiture who shall be accountable therefore to the use of the Poor of the said Parish by way of distress to be taken and detained by Warrant or Precept from the said Mayor Bailiff Iustice or Iustices or other Head-Officer by whom the said Offence shall be viewed or before whom the same shall be confessed or proved as aforesaid § 2. N. 3. And for default of satisfaction within three days next ensuing Process the said Distress to be by the said Constables or Church-wardens apprised and sold and the overplus to be delivered c. and this to be only for the first Offence § 2. N. 4. And if such Offender Imprisonment c. shall not have sufficient Goods and Chattels whereby the said 20 s. may be levyed by way of distress as aforesaid or shall not pay the said sum c. within six days after such Conviction as aforesaid that then the said Mayor Bailiff Iustice or Iustices or other Head-Officer before whom the said Offender shall be convicted as aforesaid shall commit all and every the said Offender c. to some Constable c. or other inferior Officer c. of the City Borough Town Parish
Artists viz. Gagers Measures c. shall be appointed c. which c. shall take an Oath which Oath any one Iustice hath hereby power to administer to take and compute the Iust Contents and Gage of all Coppers Fatts Tuns Backs and Corters and all other Brewing Vessels of that nature c. § 8. N. 1. And be it further Enacted that no Commissioner Farmer or sub-Commissioner for the Excise or Common Brewer of Ale or Beer to sell Justice or Inn-keeper whatsoever shall c. have power to act in or execute as a Iustice of Peace any of the Powers Clauses or things contained in any of the Laws made for and concerning the Excise or in this present Act and if any c. shall presume to act or Execute any thing contrary hereunto it is hereby further declared that all such things so acted or executed by any of them are and shall be utterly void and null to all intents and purposes §. 15. N. 1. And be it further Enacted c. that c. no Person or Persons shall be permitted to Sell of Retail any Coffée Chocolet Sherbet or Tea License without License first obtained and had by order of the General Sessions of the Peace in the several respective Counties Certificate being first shewed that they have given good Security for the due payment of their dues to the King or the Chief Magistrate of the Place in whose Iurisdiction he or they do or shall Inhabit or Dwell for the selling or retailing of the same § 16. N. 3. All and every of which said respective Offences viz. of Bribery of Gagers or other Officers of Excise shall be proved by the Oaths of two Lawful and Credible Witnesses before two Iustices of the Peace or chief Magistrate of the Place where such Offence shall be Committed Proof which said Iustices or Magistrates respectively have hereby power to administer the said Oaths and also to examine adjudge and determine the same and to cause such Penalties by Warrants under their Hands and Seals to be levied by Distress and Sale of the Offenders goods rendring to the Party the overplus and for want of such Distress to commit every such Offender to the Common Goal of such County or Place there to remain by the space of thrée months without Bail or Mainprise § 19. N. 1. Provided also and be it further Enacted Error c. That no appeal in any Cause of Excise whatsoever shall be admitted until the party appellant shall have first deposited and laid down the single duty of Excise in the Hands of the Commissioners Farmers or sub-Commissioners of Excise within whose Iurisdiction or Division the said Cause was originally heard and determined and have given Security to the Commissioners of the appeal or Iustice of Peace respectively where such Cause is to be finally adjudged for all such Fine Forfeiture and Penalty as upon such hearing and determination was adjudged against him N. 2. And that if upon the hearing and determining of any such appeal Costs the said original Iudgment shall happen to be reversed and made null then and in every such Case the said Commissioners Farmers or Sub-Commissioners of Excise in whose hands the said single duty of Excise was deposited shall restore and deliver back the same or as much thereof as shall be adjudged by the Commissioners of Appeals or Iustices of the Peace respectively to the said appellant and the Party originally prosecuted shall pay him the double Costs Lieu. Provided also and be it Enacted That all Differences § 22. N. 1. Appeals and Complaints that shall happen and arise betwéen party and party in order to the payment of the duty of Excise shall be heard and determined in the proper County or in the several Ridings and Divisions of York-shire and Lincoln-shire where they shall arise and not elsewhere Justices And be it further Enacted § 24. N. 1. c. That the Iustices of the Peace or any two or more of them or Chief Magistrates in the several Counties Cities Divisions and Places within England and Wales respectively shall meet once in every month in there respective Divisions or oftner if their shall be occasion to hear and determine and to adjudge all matters and offences against this or the aforesaid Acts viz. 12 Car. 2. Cap. 23. 24. Taxes Be it therefore Enacted C. 13. § 1. N. 2. c. viz. against obstructions of 13. 14. Car. 2. 10. That the Iustices of Peace of the respective Counties Corporations Places and Limits within their respective Iurisdictions at the next Sessions to be held after the Feast of St. Michael the Archangel next ensuing or the major part of them then present shall Issue out Warrants under their Hands and Seals to the respective High Constables or other like next Officer who shall Issue the like Warrants unto the petty Constables Headboroughs and Tythingmen requiring them on the next Sunday after Morning Service ended to give publick notice in the Church or Chappel Generally to all the Inhabitants and also to give notice publickly in the Church and particularly as aforesaid to every Inhabitant within their respective Precincts that shall then be occupier of any House Edifice Lodging or Chamber that within ten dayes next after such notice he give a true and just Account in writing under his Hand of all Hearths and Stoves in such respective House Edifice Lodging and Chamber to such respective Constable Headborough and Tythingman Certificate Which viz. the Account of Hearths taken and received by Petty Constable N. 5. Headborough and Tythingman being so received by such respective High Constable or other like Officer as aforesaid and compared together shall within six dayes after such receipt be transmitted to the two next respective Iustices of the Peace who are hereby Impowered to examine the said respective High Constable or other like Officer as aforesaid Petty-Constable Headborough or Tything-man upon Oath concerning the truth and faithfulness of their Actings in the Premisses which being done the said Iustices shall within ten dayes after such Examination sign and transmit the said Book and Roll together with the said original Accounts so endorsed as aforesaid and filed together unto the respective Clerk of the Peace who shall within Twenty dayes next after the receipt thereof engross the said Book or Roll in Parchment to be still kept in the respective County and Places aforesaid and shall also within two months engross in Parchment a true Duplicate of the said Book or Roll which being signed by him and by two Iustices of the Peace at least of the respective County and Places aforesaid shall be transmitted within one month after such Engrossment into his Majesties Court of Exchequer Alien And all Forreigners that shall really and bona fide set up and use any of the Trades and Manufactures aforesaid viz. Weaving C. 15. § 3. N. 1.
special matter in Evidence N. 2. And if the Verdict be found for him or the Plaintiff become Non-suited Damages shall recover his Damages and double Costs of Suit for his unjust vexation in that behalf C. 3. § 3. N. 1. Be it further Enacted that every Sheriff shall on the first day of every General Quarter-Sessions yearly held next after the Feast of Easter Inquest deliver and cause to be delivered unto the Iustices of Peace sitting at the same Sessions the names of all Persons of such Estates viz. xx l. per Annum in England and viij l. per Annum in Wales as are by the true meaning of this Act to be Returned for Iury-men to the end the Estates of such Persons may be enquired after and such Persons approved by the said Iustices of Peace or the greater number of them then present to be Persons of such Estates to be retornable for Iury-men for the year then next ensuing N. 2. And the said Iustices shall have power to add such Persons having Estates of the respective values before mentioned Justices as they shall find to be omitted by the Sheriff amongst the Names by him delivered and such a Competent number and no more of such Persons as aforesaid shall be retornable to serve of Iuries for the year next Ensuing as the said Iustices or the greater number of them as aforesaid shall think fit Statuta 17 Car. 2. Religion VIz. Non-Conformist Parson not to come within five miles of City 17 Car. 2. 2. § 3. N. 4. Town Corporate or Borough that sends Burgesses to Parliament or of place where he was Vicar or Preacher c. before he or they have taken and subscribed the Oath aforesaid viz. against taking Arms against the Kings Commissioner before the Iustices of the Peace at their Quarter-Sessions to be holden for the County Riding or Division next unto the Corporation City or Borough Parish Place or Town in open Court which said Oath the said Iustices are hereby Impowred there to Administer Forfeiture Vpon Forfeiture c. of xl l. c. one third c. to the King N. 5. c. the other third c. to the use of the Poor c. and the other third c. to such c. as shall or will sue for the same c. before any Iustices of Peace in their Quarter-Sessions c. Imprisonment Provided also and be it further Enacted § 5. N. 1. c. That it shall be Lawful for any two Iustices of the Peace of the respective County upon Oath to them of any Offence against this Act which Oath they are hereby Impowered to Administer to Commit the Offender for six months without Bail or Mainprise unless upon or before such Commitment he shall before the said Iustices of the Peace swear and subscribe the aforesaid Oath and Declarations viz. of Conformity and against taking Arms c. Statuta 18 Car. 2. Cattle VIz. any Constable c. may seize Cattle alive or dead fat or lean Imported 18 Car. 2. 2. § 1 N. 4. c. and kéep the same during the space of Eight and Forty hours in some publick or convenient place where such seisure shall be made within which time if the owner c. or any for them c. shall make it appear unto some Iustice of the Peace of the same County where the same shall be so seised by the Oath of two credible Witnesses which Oath the said Iustice of Peace is hereby Impowered and required to Administer that the same were not Imported from Ireland or from any other place beyond the Seas not herein after excepted after the said second day of February then the same upon the Warrant of such Iustice of the Peace shall be delivered without delay 20 Car. 2. 7. § 5. N. 3. Scotland Be it therefore Enacted c. That the said Act C. 3. § 1. N. 2. viz. 13 14 Car. 2. 22. and every Clause c. therein contained and all and every the Powers and Authorities thereby given be continue and remain in force until the end of seven years from the Expiration or Determination of the forementioned Act 29 30 Car. 2. 2. Clergy And be it further Enacted § 2. N. 1. c. That the benefit of Clergy shall be taken away from great known and notorious Thieves and Spoil-takers in the said Counties of Northumberland Cumberland or either of them during the continuance of this present Act who shall be duly Convicted for theft done or committed within the said Counties or either of them Ouster le nere Or otherwise That it shall and may be lawful to and for the Iustices of the Assize and Commissioners of Oyer and Terminer or Goal Delivery N. ◠before whom such Offenders shall be Convicted within the said Counties or either of them to Transport or cause to be Transported the said Offenders and every of them into any of his Majesties Dominions in America there to remain and not to return c. C. 4. § 1. N. 3. None to be Buried but in Woollen only Drapery c. upon pain of the Forfeiture of the Sum of Five pounds c. to be levied by the Church-wardens and Overseers of the Poor c. by Warrant from any Iustice of the Peace or Mayor Alderman or Head Officer of such City Town or place Corporate respectively within their several Limits by Distress and Sale of the Goods of the Party Interred contrary to this Act c. or in default thereof by Distress and Sale of the Goods of any that had a hand in the putting such Person into such Shift Shirt Shéet or Coffin contrary to this Act or did order or dispose the doing thereof Statuta 19 Car. 2. 19 Car. 2. 3. § 3. N. 2. ANd if any c. shall presume to build Contrary London c. viz. against the rules for Rebuilding the City of London and be Convicted of the same by the Oaths of two or more Credible Witnesses to be taken before the Lord Mayor for the time being or any two or more of the Iustices of the Peace for the said City who are hereby Impowered to Administer the same Oaths that then and in such Case the said House so irregularly built c. shall be déemed as a Common Nusance C. 4. § 1. N. 2. For remedy c. be it Enacted Poor c. That the Iustices of the Peace of the respective Counties viz. where Poor Prisoners have no Work c. at any their General Sessions or the major part of them then there Assembled if they shall find it needful so to do may provide a stock of such Materials as they find convenient for the setting Poor Prisoners on work in such manner and by such wayes as other County Charges by the Laws and Statutes of the Realm are and may be levied and raised and
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
Certified into the Exchequer together and not one without the other and no Iustite shall or may be questioned or accountable for the same in the Exchequer or elsewhere then in the Quarter-Sessions c. § 3. N. 2. And if the said Preacher or Teacher so Convicted be a Stranger Process or his Name and Habitation not known or is fled and cannot be found or in the Iudgment of the Iustice Iustices or Chief Magistrate before whom he shall be Convicted shall be thought unable to pay the same the said Iustice c. are hereby Impowered and required to Levy the same by Warrant as aforesaid upon the Goods and Chattels of any such Persons who shall be present at the same Conventicle any thing in this or any other Act Law or Statute to the contrary notwithstanding c. § 6. N. 1. Provided also and be it further Enacted Error That in all Cases of this Act where the Penalty or Sum charged on any Offender excéeds the Sum of Ten shillings and such Offender shall find himself agrieved it shall and may be lawful for him within one Week after the said Penalty or Money charged shall be paid or Levied to appeal in writing from the Person c. Convicting to the Iudgment of the Iustices of the Peace in their next Quarter-Sessions N. 2. To whom the Iustice Justices c. that first Convicted such Offender shall return the Money Levied upon the Appellant and shall Certifie under his and their Hands and Seals the Evidence upon which the Conviction past with the whole Record thereof and the said Appeal N. 4. And in Case such Appellant shall not prosecute with Effect Costs or if upon such Tryal he shall not be acquitted or Iudgment pass not for him upon his said Appeal the said Iustices at the Sessions shall give trebble Costs against such Offender for his unjust Appeal N. 5. And no other Court whatsoever shall Intermeddle with any Cause or Causes of Appeal upon this Act Certiorari but they shall be finally determined in the Quarter-Sessions only § 7. N. 1. Provided alwayes and be it further Enacted Recognizance That upon the delivery of such Appeal as aforesaid the person Appellant shall enter before the person c. Convicting into a Recognizance to prosecute the said Appeal with effect N. 2. Which said Recognizance the Person c. so Convicting Certificate is hereby Impowered to take and required to Certifie the same to the next Quarter-Sessions N. 3. And in Case no such Recognizance be Entred into Bail the said Appeal to be null and void § 9. N. 1. And be it further Enacted c. That the Iustice c. of the Peace and Chief Magistrate respectively or the respective Constables Process Headboroughs and Tithingmen by Warrant from the said Iustice c. shall and may with what aid force and assistance they shall think fit for the better Execution of this Act after refusal or denial to enter break open and enter into any House or other place where they shall be Informed any such Conventicle as aforesaid is or shall be held as well within Liberties as without N. 2. And take into their Custody the Persons there unlawfully Assembled Imprisonment to the Intent they may be proceeded against according to this Act. N. 3. And that the Lieutenants or Deputy-Lieutenants or any Commissioned Officer of the Militia or other of his Majesties Forces War with such Troops or Companies of Horse and Foot and also the Sheriffs and other Magistrates and Ministers of Iustice or any of them jointly or severally within any the Counties or Places within c. viz. England Wales or Berwick with such other Assistance as they shall think méet or can get in readiness with the soonest on Certificate made to them respectively under the Hand and Seal of any one Iustice of the Peace or Chief Magistrate of his particular Information or knowledge of such unlawful Méeting or Conventicle held or to be held in their respective Counties or Places and that he with such Assistance as he can get together is not able to suppress and dissolve the same shall and may and are hereby required and enjoyned to repair unto the Place where they are so held or to be held and by the best means they can to dissolve dissipate or prevent all such unlawful Méetings and take into their Custody such and so many c. as they shall think fit c. Priviledge Provided alwayes that no Dwelling House of any Peer of this Realm §. 10. N. 1. where he or his wife shall then be resident shall be searched by vertue of this Act but by Immediate Warrant from his Majesty under his Sign Manual or in the presence of the Lieutenant or one Deputy-Lieutenant or two Iustices of Peace whereof one to be of the Quorum of the same County or Riding Constable And be it further Enacted c. That if any Constable Headborough § 11. N. 1 Tythingman Church-warden or Overséer of the Poor who shall know or be credibly Informed of any such Meeting c. held within his Precincts Parishes or Limits and shall not give Information thereof to some Iustice of the Peace or the Chief Magistrate and endeavour the Conviction of the Parties according to his duty but such c. or any c. lawfully called in aid c. shall wilfully and wittingly omit the performance of his duty in the Execution of this Act and be thereof Convicted in manner aforesaid he shall forfeit c. Five pounds c. Justices And that if any Iustice of Peace or Chief Magistrate shall wilfully and wittingly omit the performance of his duty in the Execution of this Act N. 2 he shall forfeit c. one hundred pounds c. Certificate And in Case any Person offending against this Act § 13. N. 3. shall be an Inhabitant in any other County or Corporation or fly into any other County or Corporation after the Offence Committed the Iustice of Peace or Chief Magistrate before whom he shall be Convicted as aforesaid shall Certifie the same under his Hand and Seal to any Iustice of Peace or Chief Magistrate of such other County or Corporation wherein the said Person or Persons are Inhabitants or are fled into Process Which said Iustice or Chief Magistrate respectively N. 4. is hereby Authorized and required to Levy the Penalty c. in this Act mentioned upon the Goods and Chattels of such Person c. as fully as the said other Iustice of Peace might have done in Case he or they had been Inhabitants in the place where the Offence was Committed Measures Viz. the xl s. forfeit by Selling Corn or Salt c. by unsealed Measures C. 8. § 2. N. 3. c. to be Levied in such manner and such other Penalties for
such Order touching the same as the Iustices shall then make and upon his refusal so to be bound to commit to the Goal there to remain without Bail or Mainprise until he shall become bound by such Recognizance N. 3. And at the said Quarter-Sessions whether he shall there appear or make default Process yet the Iustices then shall summarily procéed to the Examination of the matter complained of and if upon Oath of one or more Witness or Witnesses or any other Evidence the Court shall be satisfied that he doth unjustly detain any such Monies the Court shall adjudge and order the payment of the same presently together with the penalty hereby appointed for not paying thereof and such Costs for the prosecution of the same as the Court shall think fit and if he shall not presently pay the same accordingly to the said Chamberlain of London or his Attornies or Agents or some of them shall Commit him to the Goal if he be there present there to remain without Bail or Mainprise until he shall observe the said Order of Sessions N. 4. And if he shall be absent That then they shall grant their Warrant for the Apprehending or Committing of him to the Goal Imprisonment there to remain until he pay the Money so ordered and that if he cannot be taken then for the distraining of his Goods and Chattels and sale of the same rendring the overplus whereby the Monies so ordered may be answered and paid N. 5. And that the definitive Order of the said Iustices shall be final as touching the matter complained of or contained in such Order Certiorari from which there shall be no Appeal or Review nor shall any Writ of Error or Certiorari lye for the Removal or Reversal of the same nor shall the same be any wayes Impeached C. 17. 11 § 6. N. 1. And that the Parties offending therein viz. not yielding obedience to Orders in London for Drayning Paving and other works c. contrary to this Act London shall and may be procéeded against and thereof Convicted by Indictment at the next Sessions of the Peace to be held for the said City and Liberties thereof according to his or their several Offences unless they shall submit to the Iudgment and Censure of the Persons so to be Authorized and Appointed as aforesaid or any Seven or more of them and shall satisfie and pay such mulct or penalty as by them shall be Set and Imposed for such Offence into the Chamber of the City of London c. Poor And that the Officers of the said Corporations Erected and Constituted viz. for the Poor by 13 14 Car. 2. 12. in pursuance of the said Act C. 18. 12 § ◠N. 3. and their Treasurers shall make and give Quarterly Accounts to the Iustices of the Peace who are hereby required to demand and call for the said Accounts and are not to raise any more Monies upon any new Certificates whatsoever until there be a just Account given to and allowed by the Iustices of the Peace aforesaid according to the true Intent and meaning of the said former and this present Act. License And be it further Enacted that no Drover from and after c. viz. 24 June Cap. 19. 18. 1671. shall be licensed appointed or assigned by the Iustices of Peace in their Quarter-Sessions or otherwise within London and Westminster or fourscore Miles c. and that all such Licenses shall be null and void any former Law c. notwithstanding Justices And that c. viz from 24. June § 5. N. 1. 1671. It shall not be lawful for any Iustices of the Peace at their Quarter-Sessions or otherwise to License any Person to be a Drover who doth use or Exercise the Profession or Trade of a Grasier or Butcher nor any other Person or Persons whatsoever unless the Person or Persons so Licensed shall become bound to his Majesty his Heirs and Successors with two sufficient Sureties of the same County Division or Place where such License shall be obtained by a Recognizance in such Sum as the said Iustices shall think fit not to sell any Cattel by him or them to be bought within the distance of sixty miles from the place where he bought the same Recognizance And that the Person so Licensed shall be known to the said Iustices or some of them to be of sufficient Estate and Ability to answer the Penalty of such Recognizance in case he shall Incur the forfeiture thereof N. 2. Information But nevertheless for preventing of vexatious Informations and Prosecutions by Colour of this Act. § 7 N. 1. Costs Be it further Enacted N. 2. That if upon any Information or other Prosecution grounded upon this Act it shall appear to the Iustices before whom the said Cause shall be brought that any such Information or Prosecution was promoted only for vexation and without any reasonable Cause the said Iustices shall and are hereby required by vertue of this Act to Award to the Party so unjustly accused or prosecuted treble Costs to be occasioned by such vexatious Prosecution the same to be recovered by Action of Debt or upon the Case wherein no Essoin Protection or Wager of Law shall be allowed Cattle And be it further Enacted § 8. N. 1. c. that the Iustices of the Peace in every County Riding Division City or Town Corporate within the Kingdom of England Dominion of Wales or Town of Berwick upon Tweed at their Quarter-Sessions shall have full Power and Authority by vertue of this Act to enquire hear and determine all and every the Defaults and Offences in buying or selling of Cattle committed contrary to this Act or any other Law or Statute now in Force within the County Riding Division City or Town Corporate where any such Offence shall be Committed by Inquisition Presentment Bill or Information before them exhibited and to make process thereupon Execution And upon Conviction of the Offender to make extracts of the one moiety of the Forfeitures to be Levied to the Kings use as they use to do of other Fines N. 2. Issues and Amercements grown in Sessions of the Peace and to award Execution of the other moiety to the Informer or Prosecuter by Fieri facias or Capias as the Kings-Bench at Westminster may do and use to do Certiorari And be it Enacted § 9. N. 1. c. That no Certiorari shall be allowed to remove any Information or other procéedings in the Quarter-Sessions for or concerning any matter or thing in this Act or before recited Acts viz. 2. 3. Ed. 6. 15. 3. 4. Ed. 6. 20. 15. Car. 2. 8. or any of them but the Iustices of the Peace then present shall procéed thereupon any Writ or Writs of Certiorari notwithstanding Imprisonment Be it therefore Enacted C. 20. 7. § 1. N.
2. c. That it shall and may be Lawful to and for any Iustice of the Peace of any County City Town or Liberty within c. viz. England Wales or Berwick by Warrant under his Hand and Seal to require the Sheriff Goaler or Kéeper of any Prison within his respective Iurisdiction to bring without delay the body of any Person being in Prison for Debt c. viz. on 14 April 1671. or Damages and petitioning such Iustice to be discharged to some Convenient place within the Distance of one mile from the said Prison N. 3. And shall certifie the Cause and Causes of the Imprisonment before the same Iustice Certificate § 2. N. 1. And in Case such Prisoner coming before such Iustice Oath shall take an Oath to this effect c. I A. B. upon my Corporal Oath solemnly profess and declare before Almighty God that I have not any Estate real or personal in Possession Reversion or Remainder of the value of Ten pounds in the whole or sufficient to pay the Debt or Damages for which I am Imprisoned N. 2. And that I have not directly or Indirectly sold leased Collusion or otherwise conveyed disposed of or entrusted all or any part of my Estate thereby to secure the same to receive or expect any profit or advantage thereof or defraud or deceive any Creditor or Creditors whatsoever to whom I stand Indebted § 3. N. 1. Then after the taking of such Oath Poor the said Iustice shall remand the Prisoner to Prison and shall give a Certificate thereof in Writing under his Hand and Seal to the same Prisoner to be served upon such Person c. his or her Executors or Administrators or to be left at the place of the usual abode of such Person c. at whose Suit the Prisoner standeth Charged and Imprisoned thereby appointing as well the said Person c. as the said Prisoner to appear before the Iustices at the next General Quarter-Sessions of the Peace to be holden for the same County City Town or Liberty N. 2. When if it shall appear upon Oath Execution which Oath the said Iustices are Impowered to Administer that the said Certificate was so served or left xl dayes or more before the said Sessions and that the said Oath taken by the said Prisoner be not disproved by good Testimony of any Credible Person c. upon Oath to be Administred by the said Iustices by vertue of this Act then the said Iustices being satisfied therewith shall direct their Warrant under their Hands and Seals commanding the said Sheriff Goaler or Kéeper of the Prison to set at Liberty and Discharge the said Prisoner if Imprisoned for the Causes aforesaid and no other without paying any thing for Fée or Chamber Rent N. 3. Which Warrant shall be a sufficient Discharge to the same Sheriff Escape Goaler or Kéeper of Prison and no Action of Escape or other Action shall be brought against them or any of them for the same in any wise § 4. N. 1. Provided also and be it Enacted c. That viz. after xl dayes Process and Oath not disproved then if such Creditor c. will not be satisfied therewith Poor that the said Prisoner c. may be set at Liberty or will Insist to have the said Prisoner continued in Goal that then the said Creditor c. shall at his and their own proper Costs and Charges allow and pay Wéekly a reasonable maintenance to the said Prisoner c. such as the said Commissioners of the Peace or any three of them in their respective Divisions shall order and appoint not exceeding xviii d. a-Week § 8. N. 1. Provided and be it Enacted c. That in Case any Sheriff Sheriff Goaler or Kéeper of Prison shall refuse or delay to bring or discharge or set at Liberty any Prisoner according to the Order of the Iustice or Iustices to be made in manner as aforesaid every such Sheriff c. shall forfeit and pay to such Prisoner detained contrary to such Order the Sum of One hundred pounds to be recovered by Action of Debt in any Court of Record and shall be also subject to any Fine and punishment as the said Iustices shall order or Award § 9. N. 5. Nor viz. Sheriffs Goalers or Keepers of Prisons c. shall not take nor receive any other or greater Sum c. viz. of Persons Arrested for Debt Fees for each Nights lodging or other Expenses then what is reasonable and fitting in such Cases or shall be so adjudged by the next Iustice of the Peace or at the next Quarter-Sessions § 10. N. 2. Nor shall demand take or receive of the said Person c. any other or greater Fée or Fées whatsoever for his her or their Commitment Imprisonment Release or Discharge or for his or their Chamber Rent then what is allowable by Law until the same shall be settled by thrée Iustices of the Peace whereof one to be of the Quorum of each particular County City and Town Corporate in their several Precincts and for the City of London and Counties of Middlesex and Surrey the two Lord Chief Iustices of the Kings-Bench and Common-Pleas and the Lord Chief Baron or any two of them and the Iustices of the Peace of the same in their several Iurisdictions Poor And likewise that the said Lord Chief Iustices Lord Chief Baron § 11. N. 1. and Iustices of Peace in their several Iurisdictions and all Commissioners for Charitable uses do their best endeavours and diligence to Examine and find out the several Legacies Gifts and Bequests bestowed and given for the benefit and advantage of the poor Prisoners for Debt in the several Goals and Prisons in this Kingdom and to send for any Deeds Wills Writings and Books of Accounts whatsoever and any Person c. concerned therein and to Examine them upon Oath and to make true discovery thereof which they have full Power and Authority hereby to do and the same so found out and ascertained to order and settle in some manner and way that the Prisoners hereafter may not be defrauded but receive the full benefit thereof according to the true Intent of the Donors Fees And that these Accounts of the several Legacies § 12. N. 1. Gifts and Bequests given and bestowed upon the several Prisoners for Debt within this Kingdom and the several Rates of Fées and the future Government of Prisons be signed and Confirmed by the Lord Chief Iustices and Lord Chief Baron or any two of them for the time being and the Iustices of the Peace in London Middlesex and Surrey and by the Iudges for the several Circuits and Iustices of Peace for the time being in their several Precincts and fairly written and hung up in a Table in every Goal and Prison before the first day of November 1671. and likewise be registred by each and every
his Seal of Lead unto his Cloth thereby declaring the just length thereof to be tryed by the water 2. If any person have stretched any Cloth above one yard and a half in length or one quarter of a yard in bredth or have put to sale any Cloth that hath shrunk more in the wetting than is aforesaid or have stretched any narrow strait or Kersey above one yard in length or a quarter in bredth or have put any such to sale 3. If any Dyer of Woollen Cloth have dyed any Brown Blews or Pewbs Tawnies or Violets that were not perfectly boyled greened or maddered upon the Woad and that with good Cork or Orchald sufficiently 4. If any have dyed any Wool for Cloth called Russets Marbles Grays Bays or such like or Furr Hats or Caps unless it were perfectly woaded boiled and maddered or have died with Brazil to the intent to make a false colour in any such Cloth or Wooll or have put any Flox Calf Starch or other deceivable thing upon any Cloth except certain Devonshire and Cornwal Straits Or 5. Have occupied any Iron Cards or Picards in Rowing of any woollen Cloth have sold any Cloth of any less measure than after the true content thereof by the Yard and Inch or have put to sale in this Realm any Cloth being pressed to be occupied in England Wales or Ireland 6. If any Overseers of Cloth appointed by the Justices of Peace for this year have refused to be Overseers or have not within their charge made due search thereof once every Quarter and if any person have interrupted them to make such search Dalt 44 45. cap. 14. Justices IV. Lamb. 355. Two Justices of Peace dwelling next any City or Town where any Retailer of woollen Cloth shall present unto them any defective Cloth against 5 6 Ed. 6. 6 § 31. N. 1. being conferred with 4 5 Ph. Mar. 5 § 34. N. 1. shall cause the same to be cut into three equal parts whereof the one to be to the King the other to the Prosecutors and the third to the Justices themselves Lamb. 364. Crompt 200. Dalt 44. cap. 14. Measures V. Lamb. 462 463. Inquiry in Sessions on 5 6 Ed. 6. 6 § 4. N. 4 5 Ph. Mar. 5 § 4. N. 1. If any Kentish Broad Cloth except course Cloth only not exceeding 6. li. price hath been made that containeth not in length between eight and twenty and thirty Yards being wet and in bredth seven Quarters within the Lists and in weight seventy six pounds being well scowred thicked mill'd and fully dryed and so changing it after their rates for other Countries as by these Statutes appeareth Market overt VI. Lamb. 463. For regrating of Woolls by Halifax men see 2 3 Ph Mar. 13. Trades VII Lamb. 463. Inquiry c. If any person have used or caused to be used any racking beating or casting of any deceitful Liquor or other mean with any kind of Linen Cloth whereby the same became deceitful or the worse for the good use thereof 1 Eliz. 13. Dalt 45. cap. 14. Justices VIII Lamb. 330. Any two Justices of Peace may dispose of the moneys rising by the deceitful stretching of the Northern Cloth c. 39 Eliz. 20. § 4. N. 1. Crompt 97. 4 Jac. 2. Forfeiture IX Crompt 198. Any two Justices of Peace of the County where any Logwood alias Blockwood shall be found in whose hands soever it shall be may openly burn it as forfeited 23 Eliz. 9. § 2. N. 1. Justices X. Dalt 42. cap. 14. Every Justice of Peace may enter in and upon any Houses Lands or Grounds and make search for any Tainters Wrenches or orher Engines whatsoever whereby any deceit may be used in or about the stretching of any woollen Cloth and may utterly deface the same Tainters c. And for the second offence may sell them away to the best value thereof 39 Eliz. 20. § 8. N. 1. 43 Eliz. 10. § 9. N. 1. XI Dalt 45. cap. 14. Process Any two or more Justices of the Peace within the County City Borough or Town Corporate where deceivable Cloth shall be made or suspected to be made upon complaint or Information of any Overseer Searcher or any other of any such offence may grant their Warrant to call before them any person or persons that in their discretions shall be thought fit to discover any such offence and may examine upon Oath any such persons for the Trial and better finding out of the said offence And if upon such Examination it shall be found by Testimony of two Witnesses or more or by the Confession of the Offender that any such offence hath been committed the same shall be a sufficient conviction of the offence and then the said Justices shall or may certifie such offence unto the Church-wardens and Overseers for the time being of the Poor of the Parish where such deceivable Cloth shall be made under the Hands and Seals of the said Justices And upon such Certificate and a Warrant made by the said Justices to the said Overseers and Churchwardens for the levying of the forfeiture the said Overseers and Churchwardens or any of them or their or any of their Successors immediately from and after such Certificate or Warrant delivered to them or any of them may levy the sum or sums of mony which by the said Certificate and Warrant shall appear to be forfeited by way of distress and sale of the Offenders Goods rendring to the Offender the overplus c. And in defect of such distress the said two Justices may commit the Offender to the common Gaol there to remain without Bail until payment shall be made of the sums so forfeited to the said Overseers and Churchwardens or some or one of them 21 Jac. 18. § 2. N. 1. XII Dalt 45. cap. 14. Justices Any two Justices of the Peace may take order between the Clothier and his Spinsters Carders Kembers Sorters and Weavers which shall unjustly or deceitfully convey away imbezil sell or detain any part of the Wooll or Yarn delivered to them 7 Jac. 7. § 2. N. 1. XIII Lamb. 446. Wooll Inquiry in Sessions if any person have bought any Woollen Yarn and have not made Cloth thereof 8 H. 6. 5 § N. or have bought any Wooll but of the owner of the Sheep and of the Tithe 14 Rich. 2. 4. § N. XIV Pract. Prec 91 92. An Indictment for cozening of Clothiers Collusion London ss Juratores pro Domino Rege super sacramentum suum presentant quod A. B. nuper de I. in Com' predict ' Mercator Scissor est persona valde mali nominis famae conversationis inhonestae communis deceptor defraudator subditorum dicti Domini Regis quod ipse 30 die Novemb. anno c. apud L. viz. in parochia Sancti B. c. diversis aliis locis diebus infra Civitat
That the Sheriffs Under-Sheriffs Sheriffs Clerks or Bayliffs and their Ministers shall bring and present and deliver all such Indictments and Presentments taken before them or any of them in their Turns or Law-days to the Justices of the Peace at their next Sessions of the Peace that shall be holden in the County where such Indictments and Presentments shall be taken before the Justices of such County for the time being Lamb. 426. II. Lamb. 596. The Statute 1 Ed. 4. 2. § 1. N. 4. binds the Sheriff to certifie the Justices of Peace at their next Sessions Justices the Indictments found in his Turn or Law-day It seemeth also by way of admittance in 27 H. 8. 2. Indictment Br. 1. that the liike ought to be done of Presentments of Felony in any Leet by virtue of the said Statute but that is further to be enquired of for I find no better Warrant for it Traverse III. Lamb. 534. Mombray 41 Ed. 3. 26. Traverse per Br. 2. saith further That in a Leet such a Presentment of Felony is not Traversable because out of a Leet no Process can be Awarded upon it Forrest IV. 14 15 H. 8. 10. § 1 N. 3. And that c. Stewards of Leets shall have full power to enquire of tracing or killing Hares c. Fees V. 1 Jac. 5. No Stewards of Leets c. to receive the profits to their own use Libels see Slander Liberties see Franchise License Poor I. LAmb. 331. Any two Justices may License diseased persons living of Alms to Travel without begging to Bath or Buckstone for remedy of their Grief Crumpt 198. al. 199. b. 39 Eliz. 4. § 7. N. 1. Dalt 100. cap. 40. Victuals II. Lamb. 345. He that is Convict before the Justices for abusing a License for Transporting Victuals shall likewise be Committed by them and shall remain there a◠whole year without Bail or Mainprise 1 2 Phil. Mar. 5. Fish III. Lamb. 430. Inquiry in Sessions if any Parson Vicar or Curate have taken above four pence for entring into the Church-Book the License of a sick person to eat flesh upon fish days 5 Eliz. 5. § 21. N. 1. Cattle IV. Lamb. 601. The Licenses for Badgers and Drovers c. are to be granted in open Sessions Crumpt 80 b. 5 Eliz. 12. § 4. N. 1. Poor V. Dalt 127. cap. 47. I do not find that any one or more Justices of the Peace may or can in any Case License any man to beg or ask relief at all c. and therefore Quaere of such Briefs and Licenses as lately have come from or in the name of the Lord Mayor of London licensing poor persons to Travel and to ask and beg relief in their Travel c. Apprentice VI. Dalt 127. cap. 47. Yet any one Justice of Peace may License Labourers in Hay and Harvest time to pass from one Country to another to work but not to wander or beg 5 Eliz. 4. § N. VII Lamb. 330. Any two Justices of Peace may give allowance for urgent and necessary occasions to remain in an Inn Victualling-house or Ale-house 1 Jac. 9. § 2. N. 5. VIII Lamb. 349. Two Justices of Peace the one being of the Quorum may prohibit and remove common Ale-selling and may also allow the same c. 5 6 Ed. 6. 25. § 1. N. 2. Crumpt 198 197. Dalt 21. cap. 6. IX 33 H. 8. 6. § 8. N. 1. All Patents c. to License to shoot in Cross-bows and Hand Guns void Games X. 33 H. 8. 9. § 13. N. 1. License of Gaming-house to contain the particular Games and Persons c. Poor XI 1 2 Phil. Mar. 4. § 6. N. 2. License to Egyptians to continue in England or Wales void Fish XII 5 Eliz. 5. § 18. N. 1. License to eat flesh on fish days otherwise then prescribed in this Statute void Crumpt 17. Drapery XIII 8 Eliz. 6. § 5. N 1. License to Transport Cloth extends not to Kentish and Suffolk c. Pope XIV 13. Eliz. 3. § N. Departing the Realm without or staying after expiration of License on notice by Proclamation forfeits Lands for life c. XV. 12 Car. 2. 25. § N. License to retail Wines must be to Trader or Owner of House Wine XVI 15 Car. 2. 11. § 15. N. 1. None to Retail Coffee Ale c. without License first had in General Sessions XVII 29 Car. 2. 7. § 2. N. 1. License of Wherry-Barge c. in the Thames on the Lord's-day to be by Justice of the Peace of the County Sewers c. or head Officer adjoining c. XVIII Crumpt 80. b. Note That 5 6 Ed. 6. 14. § 16. N. 1. speaks of him that is known for a common Drover and not of any petty Chapman And 5 Eliz. 12. § 4. N. 1. speaks of common Drovers and not of any petty Chapman and it appears that the intent of this Statute is to repress the number of Drovers Badgers and Laders c. of Corn c. Therefore see if the Justices can License petty Chapmen to buy Cattle as common Drovers XIX Crumpt 17. Charge at Sessions That no Butcher nor other person Days tho he be Licensed shall kill or dress in Lent to the intent to sell 1 Jac. 29. § N. XX. Crumpt 199. b. Two Justices of Peace may give License to Fencers Poor c. Pedlers Tinkers and petty Chapmen to go so that they be not taken as Rogues 14 Eliz. 5. § N. 39 Eliz. 4. Lying in wait see Coron Linnen-Cloth see Drapery Liquors see Ale Liveries see Maintenance Logwood see Drapery Long-bows see Games and Shooting Loiterers see Poor London see Franchise Justices Lord's-day see Days Religion Lunatick see Infant Maim see Affray Trespass Malice see Coron Intendment Mainprise see Bail Maintenance Liveries Embracery Champerty Barretors I. 19 H. 7. 13. § 1. N. 11. Every person duly proved to be a Maintainer or Imbraceor of Jury on Riot Forfeiture shall forfeit 20 li. and be Commited at discretion of the Justices Crumpt 199. b. II. Lamb. 435. Inquiry in Sessions if any have by himself Liveries or other for him given any Livery or Sign or Company or Badge or tetained any man other then his Houshold-servant Officer or Learned man in the Law 1 H. 4. 7. 7 H. 4. 21. 8 Ed. 4. 2. III. Crumpt 93. b. Charge to Jury in Sessions to inquire of Maintainers Conspiracy Confederators Conspirators Imbraceors and undertakers of Quarrels Matters and other businesses and of Champertors and if Maintainers be Convict they shall forfeit as much as they can 20 Ed. 3. 4. § N. and the Champertor ten times as much as he hath taken Fitzherbet Ip. 118. see Tit. Maintainers Imbraceors c. Crumpt 175. IV. Crumpt 174. a. 175. b. The Justices of Peace may hear and determine by Inquiry at the Quarter Sessions or by
within the said Parish where he or she shall inhabit and dwel Taxes CCLVIII. 5 Eliz. 3. § 8. N. 3. And if the said person so seised and taxed shall refuse to pay the summ that shall be so reasonablly limited taxed and appointed then the said Justices of Peace or two of them whereof one to be of the Quorum or the said Mayor Bailiff or other Head-Officers of every such City Borough or Town-Corporate shall have full power and Authority by vertue of this Act upon complaint and certificate to them by the Collectors and Church-wardens of the same Parish where the said obstinate person shall dwell to commit the said obstinate person and persons so refusing to pay to Prison to the next Goal there to remain without Bail or mainprise till he or they have paid the said summ so appointed taxed and limited together with the Arrears thereof if any such shall fortune to be Certificate CCLIX 5 Eliz. 3. § 10. N. 6. And if the said Justices of Peace shall fail to appoint a day and time for inspection of the said poor and examination of the said Certificators viz. 2 3 Ph. Mar. 5. § 7. N. 4. within one month next ensuing the day of the receit of the said certificate or shall grant or give License to any person or persons so certified to go abroad and beg before such time as they shall have viewed and seen the said poor persons and have received Oath of the persons that so certified that the said poor persons for age impotence or sickness in their Consciences and to their knowledge are not able by any work or labor to earn them necessaries meat drink and cloth and the same deposition put in writing subscribed or marked by the persons deposed to forfeit for every such default 10 l. to be imployed to the use of the poor of any parish or parishes within the said County where the said Justices dwell at the oversight and appointment of the Bishop or his Chancellor of the same Diocess to be levyed in sort and form as other forfeitures in this Statute are appointed Justices CCLX 5 Eliz. 3. § 11. N. 1. And be it further Enacted that where any the said Cities Boroughs Towns-Corporate or Parish so charged is Situate and standing in one County or two Counties of this Realm or Situate and standing in one and immediatly adjoyning to another County of the Realm as the City of Bristol and the Town of Ludlow and Stanford stand that in those Cites the Parson Vicar and Curate of the said Parish and the said Mayor Head-Officers and Inhabitants of every such City Borough Town-Corporate and Parish shall make certificate unto the Justices of the said Counties adjoyning to the same Cities Boroughs Towns-Corporate and Parishes and the same Justices of the said adjoyning County or Counties to do give License and follow the order above remembred according as other Justices of the Counties in which the Parish surcharged standing is limited and Authorized to do 2 3 Ph. Mar. 5. § 8. N. 1. Continuance CCLXI 5 Eliz. 3. § 13. N. 3. This Act to indure to the latter end of the first Session of the next Parliament 13 Eliz. 25. § 12. N. 2. Incumbent CCLXII 5 Eliz. 3. § 16. N. 1. Provided always and be it further Enacted that the Curate Minister or Reader together with the Wardens of every Chappel of Ease and where no Wardens are the Warden or two of the chiefest of the Inhabitants resorting and frequenting the said Chappel of Ease for hearing divine service the same inhabitants to be nominated and chosen by the same Curate Minister or Reader Officer CCLXIII 5 Eliz. 3. § 16. N. 2. And also the Collectors and all and every other person and persons to whom in this behalf it shall appartain by force of this Statute shall do execute perform and be lyable to all and every such ordinance clause article sentence and penalties specified and contained in this present Act for and towards the releif of the poor in like manner and form as the Vicar Curate Church-wardens and Collectors of every Parish Church shall may or ought to do by force of this Act according to the purport and true meaning of the same and not be compelable to come or resort to their Parish Church for the same only purpose or intent any thing in this Act before specified to the contrary notwithstanding CCLXIV 5 Eliz. 3. § 17. N. 1. Provided also that this Act Charity or any thing therein contained shall not in any wise extend or be prejudical to any Gift Legacy Conveiance or Assignment of any manner of Lands or other profit heretofore Given Assigned or Bequeathed to the relief of the Poor reparation of Highways or Bridges upon any manner of condition but that the same shall be imployed converted bestowed and accounted for in such manner and form and upon such condition as the same lawfully was or ought to be before the making of this Act. CCLXV. 5 Eliz. 20. § 3. N. 1. And yet moreover Aegyptians viz. Beside 1 2 Ph. Mar. 4. be it Enacted c. that all c. which c. shall be seen or found within this Realm of England or Wales in any Company or Fellowship of Vagabonds commonly called c. Aegyptians or counterfeiting c. Aegyptians and that shall or do continue and remain in the same either at one time or at several times by the space of one month c. shall by vertue of this Act be deemed and Judged a Felon c. CCLXVI. 13 Eliz. 17. § 1. N. 2. For the better perfection and doing whereof viz. Of a Meason de Dieu c. be it Enacted Hospital c. that the said Robert Earl of Leicester his Heirs Excutors or Assigns at his or their Wills and Pleasures shall have full power strength license and lawful Authority to erect found and establish one Hospital or Meason de Dieu within the said Town of Warwick or else within the said Town of Kenelworth at his or their choice and election for the finding sustentation and relief of poor needy and impotent people to have a continuance for ever CCLXVII 14 Eliz. 5. Where all the parts of this Realm and Wales Vagabonds be presently with Rogues Vagabonds and Sturdy Beggers exceedingly pestered by means whereof daily happeneth in the same Realm horrible Murders Thefts and other great Outrages to the high displeasure of Almighty God and to the great annoiance of the common-weal 35 Eliz. 7. § 24. N. 1. CCLXVIII 14 Eliz. 5. § 1. N. 2. And for avoiding confusion by reason of numbers of Laws concerning the premisses standing in force together Parliament CCLXIX 14 Eliz. 5. § 1. N. 3. Be it Enacted that the Statute Continuance c. viz. 22 H. 8. 12. and one other Act c. viz. 3 4 Ed. 6. 16. and one other Act c.
viz. 5 Eliz. 3. and every Branch Article Clause and Sentence in them and every of them contained shall be from and after the Feast of Saint Bartholomew the Apostle next coming utterly void frustrate and of none effect CCLXX. 14 Eliz. 5. § 2. N. 1 Be it also Enacted Nusans c. as well for the utter suppressing of the said outragious enemies to the common-weal as for Charitable relieving of the aged and impotent poor people in manner and form following CCLXXI. 14 Eliz. 5. § 2. N. 2. First that all and every person and persons whatsoever they be being above the age of fourteen years Infant being hereafter set forth by this Act of Parliament to be Rogues Vagabonds or sturdy Beggers and be at any time after the Feast of Saint Bartholomew the Apostle next coming taken Begging in any part of this Realm or taken Vagrant wandring and misordering themselves contrary to the purport of this present Act of Parliament in any part of the same shall upon their apprehension be brought before one of the Justices of the Peace or Mayor or Cheif-Officers of Cities Boroughs or Towns-Corporate within the County City Borough or Town-Corporate where the Apprehension shall happen to be Imprisonment CCLXXII 14 Eliz. 5. § 2. N. 3. And by the said Justice or Head-Officer to be presently committed to the common Goal of the said County being apprehended within the County or else such other place as by the Justices of Peace of that County or three of them at any their general Sessions shall be appointed Corporation CCLXXIII 14 Eliz. 5. § 2. N. 4. And if he be taken within any City Borough or Town-Corporate then to be committed to the said City Borough or Town Corporate Bail CCLXXIIII 14 Eliz. 5. § 2. N. 5. There to remain without Bail or Mainprize until the next Sessions of the Peace or general Goal-Delivery for the said Shire City Borough or Town-Corporate to be holden which shall first happen Constable CCLXXV 14 Eliz. 5. § 2. N. 6. And the Constables or other Officers for the conveying of such Rogue or Vagabond by Commandment of the said Justices to have such reasonable charges for themselves and the Prisoner from time to time born by the Parish or Parishes where the said Rogue or Vagabond shall happen to be taken as to the discretion of the Justices of Peace present at the next Assizes or at the Sessions of the Peace then next kept within the limit where the Prisoner is apprehended shall seem convenient Sessions CCLXXVI 14 Eliz. 5. § 2. N. 7. At which Sessions or Goal-delivery if such person or persons be duly convict of his or her Roguish or Vagabonds trade of Life either by Inquest of Office or by the Testimony of two honest and credible Witnesses upon their Oaths that then immediately he or she shall be adjudged to be grievously whipped and burnt through the Gristle of the right Ear with an hot Iron of the compass of an Inch about manifesting his or her punishment received for the same whereof entry shall be made of Record by the Clerk of the Peace of the same Shire in the Records of the same Sessions Execution CCLXXVII 14. Eliz. 5 § 2. N. 8. Which Judgment shall also presently be executed except some honest person valued at the last Subsidy next before that time to 5 l. in Goods or 20 s. in Lands or else some such honest Housholder as by the Justices of Peace of the same County or two of them shall be allowed will of his Charity be contented presently to take such Offender before the same Justices into his Service for one whole year next following and to that end will presently before the said Justices enter into Bond by Recognizance to the use of our Soveraign Lady the Queen to pay to our said Soveraign Lady the sum of 5 l. if he keeps not the said Offendor in his Service by the space of the said whole year and to bring him or her unto the Sessions at the years end or then good proof of his or her death during the said year Fees CCLXXVIII 14 Eliz. 5. § 2. N. 9. The said Clerk of the Peace taking for the said Recognizance but 12 d. only Departure CCLXXIX 14 Eliz. 5. § 2. N. 10. And if such Rogue or Vagabond so taken into Service depart within the said year from the said Service against the will of him that so taketh him or her into Service that then such Rogue or Vagabond shall be whipped and burnt through the Gristle of the right Ear with a hot Iron as is aforesaid Bail CCLXXX 14 Eliz. 5. § 3. N. 1. Provided always nevertheless that if the said person so committed or to be committed come before the next Sessions of the Peace or the next Goal-delivery to be holden for the said County or before their committing and do find any such Surety as is next before recited to be bound in form aforesaid for him or her for one whole year then the said person shall not tarry in the Goal till the next Sessions or till the next Goal delivery CCLXXXI 14 Eliz. 5. § 4. N. 1. And be it further Enacted Pain that the said person or persons so marked or adjudged to be burnt as aforesaid shall not be dealt withal again by way of punishment by the space of forty days next after the said punishment executed or adjudged to be burnt as is aforesaid if he or she have Licence for the said forty days from two Justices of the Peace of the same Shire testifyng the Punishment received or Judgment given CCLXXXII 14 Eliz. 5. § 4. N. 2. But if after the said punishment Executed or Judgment given the said person or persons Coron so marked or haveing received such Judgment do after threescore days next after he she or they shall be so marked either in the same County where he or she was so marked or having received such Judgement or else in any other County within the said Realm of England or Wales being of the age of Eighteen years or above do Eftsoons fall again to any kind of Roguish or Vagabond trade of life that then the said Rogue Vagabond or Sturdy Begger from thenceforth to be taken adjuged and deemed in all respects as a Felon CCLXXXIII 14 Eliz. 5. § 4. N. 3. And shall in all degrees receive have Forfeiture suffer and forfeit as a Felon except some honest person valued at the last subsidy next before that time to 10 l. in Goods or 40 s. in Lands or else some such honest House-holder as by the Justices of Peace of the same County or two of them shall be allowed of meer Charity will be contented before such Justices as the said Vagabond is or shall be arrained of Felony to take him or her into his service for two whole years then next following and then before the same Justices will then presently
having Licence of the next two Justices of the Peace Licence to the place where they first hapned to Land or where they first entred into this Realm shall and may pass according to the purport of their Licence and intent of this Act of Parliament any thing herein contained to the contrary in any wise notwithstanding CCCIII. 14 Eliz. 5. § 10. N. 1. Be it also further provided that no Licence recited in this Statute shall give any manner liberty Licence or be of any manner force but only in the Shire whereof the grantor or grantees of such Licence shall be Justice or Justices of Peace CCCIV. 14 Eliz. 5. § 10. N. 2. Wherefore if the said party Licenced will have any further passage without the danger of this law Licence than the Shire where his first Licence is granted it shall be lawful for him to procure and get in every other Shire where he intendeth to pass one other Licence from two Justices of the Peace of the said Shire and so from Shire to Shire to the end of his Journy CCCV 14 Eliz. 5. § 10. N. 3. Be it also provided that this Act Husbandry nor any thing therein contained do in any wise extend to any Cockers or Harvest Folks that travail into any Country of this Realm for harvest work either Corn Harvest or Hay-Harvest if they do work and labor accordingly CCCVI 14 Eliz. 5. § 10. N. 4. Neither yet to any that hapneth to be robbed or spoiled by the way Robbery CCCVII 14 Eliz. 5. § 10. N. 11. Neither yet to any Serving-men Apprentice that be of honest behavior that be turned from their Masters or whose Master or Mistres shall be dead for the space of six months next after such turning away or death of such Master or Mistres so as every such Serving-man hath a testimonial from his Master or Mistres or from two Justices of the Peace of the same County declaring such turning away or such death of his Master or Mistres CCCVIII 14 Eliz. 5. § 11. N. 1. Provided always that it shall be lawful to the Lord Chancellor or Lord Keeper of the Great Seal of England Licence for the time being to make Licence under the said Great Seal as heretofore hath been accustomed and that the said Licence and Licences shall as largly extend as the contents of them will bear any thing herein to the contrary in any wise notwithstanding CCCIX 14 Eliz. 5. § 12. N. 1. Provided always and be it further Enacted Ouster le mers c. that this present Act or any thing therein contained shall not extend to make frustrate or void any safe Conduct Pasport or Licence made and granted or to be made and granted by the Lord Deputy of Ireland or by the Lord Governor of the Towns and Garrisons of Berwick or Carlile for time being or any other Chief Captain or Governor of any Castle or Fortress of the Queens Majesties or by any other in his or their absence having the said charge of the said Towns and Garrisons or by any of the Guardians of the three Marches towards Scotland or by any General Lieutenant or other Chief-Officer appointed by the Queens Majesty to have the charge and conduct of any Army Garrison or Power of men levyed or to be levyed by her Highness order and appointment and for the special service and affairs of Her Majesty her Heirs or Successors or by any Private Captain upon the dispersing of any Army only to any Souldier or Souldiers or any other person or persons whatsoever within this her Realms of England and Ireland passing by vertue thereof about his or their lawful business and affairs but that he or they shall and may quietly without any let or disturbance enjoy the benefit effect and true meaning thereof in as large and ample manner and form as heretofore hath been used and accustomed any thing in this present Act mentioned to the contrary in any wise notwithstanding Infant CCCX 14 Eliz. 5. § 13. N. 1. Provided always that this present Act or any thing therein contained shall not in any wise extend to the punishment of any such person or persons as by this Statue are limited for Rogues unless the same be of the age of fourteen years or above but that they and every of them under the age shall be punished with whipping or stocking as heretofore hath been used and appointed by the Laws and Statutes in that case provided and now repealed this Act or any thing therein contained to the contrary hereof in any wise notwithstanding Constable CCCXI. 14 Eliz. 5. § 14. N. 1. And it is further Enacted c. that if within any Town or Parish where any such Vagabond or Rogue shall happen to beg or make his abode contrary to the form of this Statute if the Constable or Tything-men be negligent and do not his or their best endeavour for the apprehension of such Vagabond or Rogue which there shall beg or make abode contrary to the form in this Statute limited or shall willingly suffer the said Vagabond or Rogue to escape from the punishment or order in this Statute prescribed that then the said Constable or Tything-men in whom such default shall be shall lose and forfeit for every such Vagabond and Vagrant person that shall be so suffered to beg or make abode within his Authority contrary to the form of this Statute 6 s. 8 d. Cottages CCCXII 14 Eliz. 5. § 14. N. 2. And forasmuch as Charity would that Poor Aged and Impotent persons should as necessarily be provided for as the said Rogues Vagabonds and sturdy Beggers repressed and that the said aged impotent and Poor people should have convenient Habitations and abiding places throughout this Realm to settle themselves upon to that end that they nor any of them should hereafter beg or wander about Justices CCCXIII. 14 Eliz. 5. § 14. N. 3. It is therefore Enacted c. that the Justices of Peace of all and singular the Shires of England and Wales within the limits of their Commissions and all other Justices of the Peace Mayors Sheriffs Bailiffs and other Officers and all and every City Borough Riding and Franchise within this Realm whereof they be Justices of the Peace within the limits of their Authority shall at or before the said Feast of Saint Bartholomew next coming divide themselves and so being divided shall within every of their several divisions and Authorities make diligent search and enquiry of all Aged Poor Impotent and decayed persons born within their said divisions and limits or which were there dwelling within three years next before this present Parliament which live or of necessity be compelled to live by Alms of the Charity of the people that be or shall be abiding within the limits of their Commissions and Authorities CCCXIV 14 Eliz. 5. § 14. N. 4. And shall upon that search made Records make a Register-Book