and Burroughs within the same Cities and Burroughs and Burrough-holders Constables and Wardens of the Peace within their Wards shall have Power to Execute this Act. Justices And that the Iustices Assigned at their coming down into the Country § 1. N. 5. shall have Power to enquire how such Officers and Lords have Executed their Offices in this Case and to punish them whom they find that have not done that which pertained to their Office Peace Item As to the keeping of the Peace in time to come Cap. 6. it is Ordained and Enacted that the Statutes made in times past with the Statutes of Winchester viz. 13 Ed. 1. St. 2. Cap. 1. c. Shall be observed and kept in every point Prerog And where it is Contained in the end of the said Statute of Winchester § 1. N. 2. viz. 13. Ed. 1 St. 2. 3. Cap. 6. § 1. N. 15. That the Iustices Assigned shall have Power to Enquire of Defaults and to report to the King in his Parliament and the King to Remedy it which no man hath yet seen the same Iustices shall have Power to punish the Disobeyers and Resisters Justices Item It is Ordained that good and discreet Persons 4 E. 3. Cap. 2. other than of the Places if they may be found sufficient shall be Assigned in all the Shires of England to take Assizes Iuries and Certifications and to deliver the Goods Days And that the said Iustices shall take the Assizes § 1. N. 2. Iuries and Certifications and deliver the Goods at the least three times a year and more often if need be Peace Also there shall be Assigned § 1. N. 3 Good and Lawful men in every County to keep the Peace Indictments And at the time of the Assignments mention shall be made § 1. N. 4. that such as shall be Indicted or taken by the said Keepers of the Peace shall not be let to mainprise by the Sheriffs nor by none other Ministers if they be not mainprisable by the Law § 1. N. 5. Nor that such as shall be Indicted shall not be delivered but at the Common Law Certirorari § 1. N. 6. And the Iustices Assigned to deliver the Goals shall have power to deliver the same Goals of those that shall be Indicted before the Keepers of the peace § 1. N. 7. And that the said Keepers shall send their Indictments before the Iustices and they shall have power to Enquire of Sheriffs Goalers and other in whose Ward such Indicted persons shall be if they make deliverance or let to mainprise any so Indicted which be not mainprisable and to punish the said Sheriffs Goalers and others if they do any thing against this Act. 5 Ed. 3. Cap. 11. § 1. N. 2. It is Enacted that the Iustices Assigned to hear and determine such Felonyes viz. of persons Indictable in one County that dwell in another shall direct their Writs to all the Counties of England where need shall be to take such persons Indicted Proces Ca. 14. § 1. N. 3. It is accorded that if any may have any Evil suspition of such viz. Robedsome Wasters and Drawlatches be it by day or by night Coron they shall be incontinently arrested by the Constables of the Townes 10 Ed. 3. Ca. 3. § 1. N. 3. And they that will aid themselves by such Charters viz. of pardon and have not found mainprise viz. of such as above is said Pardon or after the mainprise found bear themselves otherwise against the peace than they ought their Charters shall be holden for none 18 Ed. 3. p. 09. § 1. No. 3. An Exigent c. against Conspirators Outlary and Confederators of Quarrels and deceivers of Customes and false mony § 1. N. 4. And against them that Commit Routs in Affray of the people Riot 18 E. 3. St. 2. Cap. 1. Commissioners of new Enquiries shall cease serving Indictments of Felonies and Trespasses of Wools carried out without Subsidies Enquest Customes c. Cap. 2. Item Justices That two or three of the best of Reputation in the Counties shall be Assigned Keepers of the Peace by the Kings Commission 18 H. 6. Cap. 11. § 1. N. 2. And at what time need shall be the same with other Wise and Learned in the Law shall be Assigned by the Kings Commissions to hear and determine Felonies and Trespasses done against the peace in the same Counties and to inflict punishment reasonably according to the Law and Reason and the manner of the deed Cap. 5. Item Outlary That from henceforth no Exigent shall go out in case where a man is Indicted of Trespass Vnless it be against the peace or of things which be contained in the declaration made in this case at the last Parliament holden at Westminster 18 Edw. 3. Sta. 1. pa. 109 25 Ed. 3. Cap. 8. The Iustices shall hold their Sessions four times in the year Duties and at all times that shall be needful 12 R. 2. Cap. 10. § 1. N. 2. and 2 H. 5. Cap. 4. § 2. N. 2. 27 Ed. 3. Sta. 2. Ca. 20. § 1. N. 2. Of the Staple We have ordained Merchants c. that if any outrage or Greivances be done to them viz. To Merchants Strangers in the County out of the Staple the Iustices of the Peace where such Outrages shall be done shall do speedy Iustice to them after the Law Merchant from day to day and from hour to hour without sparing any man or to drive them to fue at the Common Law C. 21. § 1. N. 5. And that the said Major and Constables viz. of the Staple shall have power to keep the peace c. Peace 34 Ed. 3. p. 139. These be the things which our Lord the King the Prelates Parliament Lords and the Commons have ordained in this present Parliament holden at Westminster the Sunday next before the Feast of the Conversion of St. Paul to be holden and published openly through the Realm Cap. 1. That in every County of England shall be assigned for the keeping of the Peace one Lord Justices and with him three or four of the most worthy in the County with some Learned in the Law § 1. N. 2. And they shall have Power to restrain the Offenders Rioters Riot and all other Barrators and to pursue arrest take and chastise them according to their Trespass or offence Imprisonment And to cause them to be Imprisoned and duly Punished §. 1. N. 3. according to the Laws and Customs of the Realm and according to that which to them shall seem best to do by their Discretion and good Advisement Poor And also to Inform them § 1. N. 4. and to Enquire of all those that have been Pillors and Robbers in the parts beyond the Sea and be now come
again and go wandering and will not Labour as they were wont in times past Process And to take and arrest all those that they may find by Indictment § 1. N. 5. or by Suspition to put them in Prison Bayl. And to take of all them that be not of good Fame § 1. N. 6. where they shall be found sufficient Surety and Mainprize of their good behaviour towards the King and his People and the other duly to punish to the Intent that the people be not by such Riotors or Rebells troubled nor endamaged nor the Peace blemished nor Merchants nor others passing by the high-ways of the Realm disturbed nor put in the peril which may happen of such Offenders 1 R. 3. 3. § 1. N. 2. Coron And also to Hear and Determine at the Kings Suit § 1. N. 7 all manner of Felonies and Trespasses done in the same County according to the Laws and Customs aforesaid Justices And that Writs of Oyer and Terminer § 1. N. 8. be granted according to the Statutes viz. 2 Ed. 3. Cap. 7. thereof made and that the Iustices which shall be thereto Assigned be named by the Court and not by the Party Enquest And the King will that all general Enquiries before this time granted § 1. N. 9. within any Seigniories for the Mischeifs and Oppositions which have been done to the People by such Inquiries shall cease utterly and be repealed Amerciaments And that Fines which are to be made before Iustices for a Trespass done by any Person be reasonable and just § 1. N. 10. having regard to the quantity the Trespass and the causes for which they be made Measures Item It is Accorded that they which shall be Assigned to keep the Peace Cap. 5. shall have Power to Enquire of Measures according to the Statute thereof made the five and twentieth year of the Reign of our Lord the King viz. 25 Ed. 3. St. 5. Cap. 9. Days Item That in the Commissions of Iustices of the Peace 36 Ed. 3. C. 12. and of Labourers Express mention be made that the same Iustices make their Sessions four times by the year that is to say one Sessions within the Utas of the Epiphany the second within the second week of Lent the third between the Feasts of Penticost and of St. John Baptist the fourth within the eight days of St. Michael 2 H. 5. Cap. 4. § 2. N. 2. 25. Ed 3. Cap 8. Enquest It is Assented c. that c. in all Enquiries within the Realm 42 Ed. 3. C. 4. § 1. N. 2. Commissions shall be made to some of the Iustices of the one Bench c. or Iustices of the Peace with others of the most worthy of the County c. Accountant And that he viz. that will Complain of Sheriffs C. 9. § 1. N. 4. Leavying of the Kings Debt c. have his Suit as well before Iustices of the Peace as before other Iustices Statuta Rich. 2. Peace ITem 1 R. 2. Cap. 2. Our Lord the King greatly desiring the Tranquillity and quietness of his People Willeth and straightly Commandeth that the Peace within this Realm of England be surely observed and kept so that all his Lawful Subjects may from henceforth Safely and Peaceably go and come and dwell according to the Law and Vsage of the Realm Pleading And that Iustice and Right § 1. N. 6. be indifferently Ministred to every Person Riot Commissions shall be awarded to arrest Rioters 2 R. 2. C. 7. and other persons Offensive to the Peace and to Imprison them A Repeat of the Statute of 2 Rich. 2. Cap. 7. touching Riots 2 R. 2. St. 2. C. 2 Justices A profitable Act not Printed 4 Inst 176. 3 R. 2. N. 39. Rot. Pat. Treason It shall be Treason to begin a Riot or Rumour 1 Ed. 6. 5 R. 2. C. 6. § 1. N. 2 Cap. 12. Cap. 7. § 1. N. 2. And in such case viz. where entry is given by Law not with strong hand nor with multitudes of people Force but only in peaceable and easy manner 15 Ric. 2 Cap. 2. 7 Ric. 2. Ca. 5. Iustices c. shall Examine Vagabonds Poor bind them to their good abearing or Commit them to prison Cap. 13. Item It is ordained and assented Riot and also the King doth prohibit that from henceforth no man shall ride in Harness within the Realm Contrary to the form of the Statute viz. 2 Ed. 3. Cap. 3. of Northampton thereupon made neither with Launcegay within the Realm the which Launcegayes be cleerly put out within the Realm as a thing prohibited by our Lord the King upon pain of Forfeiture of the said Launcegayes Armours and other Harness in whose hands or possessions they be found that bear them within that Realm Contrary to the Statutes and Ordinances aforesaid without the Kings special Lycene 20 Rich 2. Cap. 1. 12 Ric. 2. Ca. 2 Item Chancery It is accorded that the Chancellor c. and all others that shall be called to ordain name or make Iustices of Peace c. shall be firmly sworn that they shall not ordain c. for any gift or Brocage Favour or Affection Cap. 10. Item It is ordained and agreeed Justices that in every Commission of the Iustices of Peace there shall be Assigned but six Iustices with the Iustices of Assises 14 Ric. 2. Cap. 11. § 1. N. 2. And that the said six Iustices shall keep their Sessions in every Quarter of the Year at least and by three dayes if need be Dayes upon pain to be punished according to the Discretion of the Kings Counsel at the suit of every man that will Complain 25 Ed. 3. Cap. 8. and 2. H. 5. Cap. 4. § 2. N. 2 14 H. 6. Cap. 4. N. 4. § 1. N. 3. And they shall enquire diligently among other things touching their Offices if the said Majors Bayliffs Stewards Constables Enquest and Goalers have duly done Execution of the said Ordinances viz. 12 R. 2. Cap. 3. 4. 5. 6. 7. 8. 9. Of Servants and Labourers Beggars and Vagabonds and shall punish them that be punishable by the said pain of an hundred shillings by the same pain and they that be found in default and be not punishable by the same pain shall be punished by their Discretion § 1. N. 4. And every of the said Iustices shall take for their wages four Shillings the day for the time of their said Sessions Fees and there will be two shillings of the Fines and Amerciaments rising and coming of the same Sessions by the hands of the Sheriffs § 1. N. 5. And that the Lords of Franchises shall be contributory to the said Wages after their rate of their part of Fines and Amerciaments aforesaid Franchise § 1. N. 6. And that no
Imprisonment and to mak◠Fine to the King 8 H. 6. Cap. 9. § 1. N. 4. § 1. N. 5. And in the same manner it shall be done of them that make such forcible Entries in Benefices or Offices of holy Church 8 H. 6. Cap. 9. § 1. N. 5. Church 17 R. 2. C. 8. The Sheriffs and all other the Kings Officers Riot shall Suppress Riots and Imprison them and all others Offending against the Peace 4. Inst 51. 13 H. 4. Cap. 7. C. 9. § 1. N. 7. Wherefore it is Accorded c. Fish That the Iustices of Peace of all the Counties of England shall be Conservators of the said Statutes viz. 13 Ed. 1. St. 1. 2. Cap. 47. 48. and 13 Ric. 2. Cap. 19. in the Counties where they be Iustices and that they and every of them at all times when they may attend shall Survey the Offences and Defaults attempted against the Statutes aforesaid § 1. N. 8. And also shall Survey and Search all the Wears in such Rivers Sewers that they shall not be very strait for the distinction of such Fry and Brood but of reasonable widenes after the old Assise used and accustomed § 1. N. 9. And that the same Iustices or any of them which shall find Default Process or Abuse against the Statutes aforesaid viz. 13 Ed. 1. St. 1. 2. Cap. 47. 48. and 13 Ric. 2. Cap. 19. shall make due Punishment of them which be found in default after the Content of the same Statute §. 1. N. 10. And that the same Iustices Deputy shall put good and sufficient Vnder-Conservators of the same Statutes viz. 13 Ed. 1. St 1. 2. Cap. 47. 48. and 13 Ric. 2. Cap. 19. under them which shall be sworn to make like Surveying Search and Punishment without any favour thereof to be shewed § 1. N. 11. And moreover that the same Iustices in their Sessions shall Enquire Enquest as well by their Office as at the Instance of the under-Conservators aforesaid of all Trespasses Misprisions and Defaults made against any of the Points aforesaid § 1. N. 12. And shall cause them which be thereof Indicted to come before them Process Imprisonment § 1. N. 13. And if they be thereof Convict they shall have Imprisonment and make Fine after the discretion of the same Iustices C. 10. Item Forasmuch as Theeves notoriously defamed Enquest and others taken with the manner by their long abiding in Prison after that they be arrested be delivered by Charters and favourable Enquests procured to the great hindrance of the People § 1. N. 2. It is Accorded and Assented Justices that in every Commission of the Peace through the Realm where need shall be two men of Law of the same County where such Commission shall be made shall be assigned to go and proceed to the deliverance of such Theeves and Felons as often as they shall think it expedient 18. H. 6. Cap. 11. 20 R. 2. p. 186. The King at his Parliament holden at Westminster in the Feast of St. Vincent the twentieth year of his Reign by the Assent of the Prelates Parliament Lords and Commons of his Realm of England assembled in the same present Parliament for the Quietness and Tranquillity of his People hath made certain Statutes and Ordinances in the form which followeth Cap. 1. First Peace whereas in a Statute made the seventh year of the Reign of the King that now is viz. 7 R. 2. Cap. 13. It is Ordained and Assented that no man shall ride Armed within the Realm against the form of the Statute of Northampton viz. 2 Ed. 3. Cap. 3. thereupon made nor with Launce-gays within the same Realm § 1. N. 2. And that the said Launce-gays shall be utterly put out within the said Realm as a thing prohibited by the King War upon pain of forfeiture of the same Launce-gays Armors or any other Harnes in the hands and possessions of them that bear them from henceforth within the same Realm against the same Statutes and Ordinances viz. 2 E. 3. Cap. 3. 7 Rich. 2. C. p. 13. without the Kings special Licence Riot Our Lord the King §. 1. N. 3. considering the great clamour made to him in this present Parliament because that the said Statute is not holden hath ordained and established in the said Parliament that the said Statutes viz 2 Ed. 3. cap. 3. 7. Rich. 2. cap. 13. shall be fully holden and kept and duly executed and that the said Lance-gayes shall be thereby put out upon the pain contained in the said Statute of Northampton viz. 2 Ed. 3. cap. 3. and also to make fine and ransom to the King Officer And moreover that no Lord Knight nor other § 1. N. 4. little nor great shall go nor ride by night nor by day armed nor bear Sallet nor Skull of Iron nor of other Armor upon the pain aforesaid Save and except the Kings Officers and Ministers in doing their Office Maintenance And moreover the King will and hath ordained § 1. N. 5. that the Statute made the first year of his Reign viz. 1 Rich. 2. cap. 7. Of Liveries of Hats shall be holden and kept upon the pain contained in the same Statute and upon pain to be imprisoned and make Fine and Ransome to the King Statuta Hen. 4. Justices JOyned thereto viz. to 1 H 4 Cap. 7. 2 H. 4. Ca. 21. § 2. N. 3. Of Liveries that the Iustices of the one Bench and of the other and the Iustices of Assises and of the Peace have power and authority to enquire hear and determine in this case by Record in their presence or by inquiry to be made from time to time Force And if such Disseisor be attainted of such Dissessin made in such forcible manner he shall have one years imprisonment 5 H. 4. Cap. 8. § 1. N. 3. and yeild to the party greived his double damages Justices And that in the Commissions of the Peace hereafter to be made 4 H. 4. Cap. 3. § 1. N. 2. this Article be put in that the Iustices of the Peace have power thereof viz. of Watches on the Sea-coasts to make inquiry in their Sessions from time to time and to punish them which be found in default after the tenor of the said Statute viz. 13 Ed. 1. St. 2. 3. cap. 4. Of Winchester Imprisonment Item because that divers Constables of Castles within the Realm of England be assigned to be Iustices of Peace by Commission of our Lord the King Cap. 10. and by colour of the said Commissions they take people to whom they bear evil will and imprison them within the said Castles till they have made fine and ransom with the said Constables for their deliverance It is ordained and established § 1. N. 2. that none be imprisoned by any Iustice
it be found before any of them that any doth contrary to this Statute then the said Iustices or Iustice Justices shall cause to be reseised the Lands and Tenements so entred or holden as aforesaid and shall put the Party so put out in full possession of the same Lands and Tenements so entred or holden as before § 3. N. 3. And if any person after such entry into Lands and Tenements holden with force make a Feoffment or other Discontinuance Assurances to any Lord or other person to have Maintenance or to take away and defraud the Possession of his recovery in any wise if after in Assise or other Action thereof to be taken or persued before the Iustices of Assises or other the Kings Iustices whatsoever by due enquiry thereof to be taken the same Feoffments and Discontinuances may be duly proved to be made for Maintenance as afore is said that then such Feoffments or other Discontinuances so as before made shall be Void Frustrate and holden for none § 4. N. 1. And also when the said Iustices or Iustice Process make such Enquiries as before they shall make or one of them shall make their Warrants and Precepts to be directed to the Sheriff of the same County Commanding him of the Kings behalf to cause to come before them and every of them sufficent and indifferent persons dwelling next about the Lands so entred as before to enquire of such Entries § 4. N. 2. Whereof every man which shall be impannelled Enquest to enquire in this behalf shall have Lands or Tenements of the yearly value of forty shillings at the least by the year above Reprises § 4. N. 3. And that the Sheriff return Issue upon every of them at the day of the first Precept returnable twenty shillings Sheriffs and at the second day forty shillings and at the third an hundred shillings and at every day after the double § 4. N. 4. And if any Sheriff or Bailiff within a Franchise Return having return of the Kings Writ be slack and make not Execution duly of the said Precepts to him directed to make such Enquiries that he shall forfeit to the King twenty pounds for every Default and moreover shall make Fine and Ransom to the King § 5. N. 1. And that as well the Iustices or Iustice aforesaid Justices as the Iustices of Assises and every of them at their coming into the County to take Assises shall have and every of them shall have Power to hear and determin such Defaults and Negligencies of the said Sheriffs and Bailiffs and every of them as well by Bill at the Suit of the Party greived for himself as for the King to sue by Indictment only to be taken for the King § 5. N. 2. And if the Sheriff or Bailiff be duly attainted in this behalf by Indictment or by Bill that he which sueth for himself and for the King Sheriffs have the one Moyety of the Forfeiture of twenty pounds together with his Costs and Expences § 5. N. 3. And that the same Process be made against such persons Indicted or sued by Bill in this behalf Process as should be against Persons Indicted or sued by Writ of Trespass done with force and Arms against the Peace of the King § 6. N. 1. And moreover if any Person be put out or disseized of any Lands or Tenements in forcible manner or put out peaceably Disseisor and after holden out with strong hand or after such Entry any Feoffment or Discontinuance in any wise thereof be made to defraud and take away the Right of the Possessor that the Party grieved in this behalf shall have Assise of Novel Disseisin or a Writ of Trespass against such Disseisor § 5. N. 2. And if the Party grieved Force recover by Assise or by a Action of Trespass and it be found by Verdict or in other manner by due form in the Law that the Party Defendant entred with force into the Lands and Tenements or them after his entry did hold with force that the Plaintiff shall recover his treble Damages against the Defendant § 6. N. 3. And moreover that he make Fine and Ransom to the King Amercement § 6. N. 4. And that Mayors Iustices or Iustice of the Peace Sheriffs and Bailiffs of Cities Justices Towns and Boroughs having Franchise have in the said Cities Towns and Boroughs like power to remove such Entries and in other Articles aforesaid rising within the same as the Iustices of Peace and Sheriffs in Counties and Countries aforesaid have Force Provided always § 7. N. 1. that they which keep their Possessions with force in any Lands and Tenements whereof they or their Ancestors or they whose Estate they have in such Lands and Tenements have continued their Possessions in the same by three years or more be not endamaged by force of this Statute Riot Our Lord the King c. hath ordained c. that the said Statute C. 14. § 1. N. 15. viz. 2 H. 5. Cap. 9. shall now be kept and firmly holden for a Statute for ever c. Certificat Provided always § 2. N. 1. that it be testified by two Iustices of Peace of the Counties where such Riot shall be supposed that the common Fame and Voice runneth in the same Counties of the same Riots before that the Writ of Capias shall be awarded 2 H. 5. Cap. 9. § 2. N. 1. Indictment Item 11 H. 6. C. 6. Our Lord the King considering the great Losses and Damages which often times have come and be like co come hereafter as well to himself as to many of his Leiges for that where as well divers Indictments and Suits for our Lord the King as other Suits between party and party have been taken before divers Iustices of the Peace Assigned by several Commissions of our said Lord the King in divers Counties of England and divers Pleas and Processes upon these Indictments have been often made and hanging before the same Iustices not determined the which Pleas and Processes have been often Discontinued by making new Commissions of the Peace in those Counties to the great Loss of our said Lord the King and of his Subjects in delay of the same Pleas and Suits and of the Deliverance of his said Subjects Abatement And upon that our Lord the King willing to provide remedy of the Assent and Authority abovesaid hath Ordained and Established § 1. N. 2. that in all such Pleas Suits and Processes in them to be taken and to be made before Iustices of Peace in any County of England the said Pleas and Processes in such Suits to be done shall not be discontinued by such new Commissions of the Peace to be made but these Pleas and Processes shall stand in their force Justices And the Iustices in the same new Commission so Assigned
according to the Tenor and Effect of this Act. Coron And that Iustices of Peace shall have Power and Authority within the limits of their Commissions and Iurisdiction 25 H. 8. C. 6. § 1. N. 5. to hear and determine the said Offence viz. of Buggery with Mankind or Beast as they do use to do in Cases of other Felonies Fowle And be it Enacted C. 11. § 3. N. ◠c. that all Iustices of the Peace within the limits of their Commissions shall have Power and Authority to inquire hear and determine the Offences aforesaid viz. taking Wild-fowle with Nets between the last of May and the last of August or their Eggs c. like as they commonly use to do in Cases of Tresspass Cattel And it is further Enacted C. 13. § 5. N. 1. that the Iustices of Peace of every Shire shall have Power and Authority to inquire of the Offenders of this Act viz. keeping above two thousand Sheep as well by the Oaths of twelve men as by Information of any of the Kings Subjects and to make such like Process upon every Presentment or Information concerning this Act as they use commonly to do upon Presentments before them of Trespass Bayl. Or else in their viz. the Ordinary's default if they refuse C. 14. § 8. N. 2. c. viz. to Bail an Heretick then by discretion of two Iustices of Peace of that Shire where such persons so accused or presented shall inhabit by four sufficient Sureties to be bounden to the Kings use by Obligation or Recognizance to appear before the Ordinaries at such days c. as shall be limited in the said Bonds c. Sewers And that the Kings Iustices of Peace within every of the said Counties of Glocester and Sommerset at their Quarter Sessions 26 H. 8. 5. § 2. N. 1. shall have full Power and Authority to call before them all such persons which hereafter shall keep any of the said Passages or any other Ferry or Passage over the said Water viz. the Severn into Wales or the said Forest viz. of Dean or out of Wales or the said Forest into England and to bind them with sufficient Sureties with them in Recognizance in such sums of mony as it shall seem to the discretion of the said Iustices of Peace that they and every of them being Passengers and Keepers of Ferries and Passages as is aforesaid from henceforth shall not after the said times before limited and appointed viz. beeween Sun setting and Sun-rising convey or carry or cause to be conveyed or carried any manner of person or persons or any kind of Cattel but such persons as they do know and will answer for and know where their Abidings Dwellings and Habitations be and upon request made to them or any of them as is aforesaid shall from time to time disclose as well the same person or persons as the Goods and Cattels so passing the said Passages upon fresh suit made or hereafter to be made upon any Felony Murder or Robbery committed and done in the Borders of the Counties aforesaid or in any other place within this Realm or South-Wales Behavior Be it therefore Enacted 26 H 8. C. 12. § 4. N. 1. c. that every such person and persons within such Orders of Sub-Deacon or above being convict of any pety Treason or of any Murder of Malice prepensed or of any the said Felonies above rehearsed viz. 23 H. 8. 1. § 4. N. 2. or of any accessary to pety Treason c. before any Lord Marcher Steward Lieutenant Deputy or other Iustice or Officer within Wales or within any other place City Town Honour Lordship or Mannor within the Kings Dominion where no Iustices of the Peace and of the Quorum be and thereupon the same Convict admitted unto his Clergy that the same person or persons so being within such holy Orders and Convict c. and delivered unto the Ordinary as Clerk Convict for the same shall or may find two Sureties by Recognizance for his good abearing before two of the Kings Iustices of Peace whereof one to be of the Quorum in the Shire where the said Convict is or shall be kept in the Ordinaries Prison if the same Prison be within the Shire-ground where Iustices of the Peace and of the Quorum be or else before two of the Kings Iustices of Peace whereof one to be of the Quorum in the next Shire adjoyning unto the same Prison 27 H. 8. C. 5. § 1. N. 2. For redress and amputation whereof viz. Of the Increase of Robberies Coron c. and to the intent that one Order of ministring his Laws should be had c. as in other places of this Realm of England c. It is Ordained c. That the Lord Chancellor of England or the Lord Keeper of the Great Seal for the time being from time to time and all times shall have full power and authority by his discretion to nominate and appoint Iustices of the Peace Iustices of the Quorum and Iustices of Goal delivery in the said Counties of Chester Flint Anglesey Caernarvan Pembroke and Glamorgan by Commission under the Kings Great Seal which shall have full power and authority to inquire hear and determin all manner of thing and things inquirable presentable or determinable before Iustices of Peace Iustices of Quorum and Iustices of Goal delivery in other Shires of the Realm of England by force or vertue of any Statute or Statutes made or to be made or by the course of the Common Laws of this Realm C. 16. § 1. N. 2. Or else viz. Bargain and Sale to be inrolled within the same County or Counties where the same Manors Lands Inrolment or Tenements so bargained and sold lie or be before the Custos Rotulorum and two Iustices of the Peace and the Clerk of the Peace of the same County or Counties or two of them at the least whereof the Clerk of the Peace to be one C. 20. § 1. N. 5. And in case the Ordinary of the Diocess or his Commissary Tyths or the Archdeacon or his Official or any other competent Iudge aforesaid viz. in Suit for Subtraction of Tythes for any contempt contumacy or disobedience or other misdemeanour of the party defendant make information and request to any of the Kings most honorable Council or to the Iustices of the Peace of the Shire where such Offender dwelleth to assist and aid the same Ordinary Commissary Arch-Deacon Official or Iudge to order or reform any such Person in any Cause before rehearsed that then he of the Kings said honorable Council or such two Iustices of the Peace whereof one to be of the Quorum to whom such Information or request shall be made shall have full power and authority by vertue of this Act to attach or cause to be attached the Person or Persons against whom the Information or request shall be
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
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
calling themselves Aegyptians that he shall lawfully seize by vertue of this Statute 22 H. 8. 10. § 5. N. 1. Crompt 178. and 195. § 13. XXXVII Lambert 366. That Justice of the Peace which seizeth the Goods of any Aegyptians Restitution and doth not Incontinently restore such part thereof as shall be proved before him to have been Craftily or Feloniously taken shall forfeit the double thereof to such Provers 22 H. 8. 10. § 4. N. 1. XXXVIII Crompt 129. § 32. If any Outlandish Person naming himself an Aegyptian or any such stranger commits any Murder Enquest Felony or Robbery and upon his Arraignment pleads not Guilty or any other plea tryable by the Country the Enquest in this Case shall be all of English 22 H. 8. 10. § 2. N. 3. And so shall the Enquest be where any of the said Aegyptians is Indicted of Felony for continuance within this Realm by the space of a month Contrary to 1 2 Ph. Mar. 4. § N. and 5 Eliz. 20. XXXIX 22 H. 8. 12. Where in all places throughout this Realm of England Vagabonds and Beggars have of long time increased Laborors and daily do increase in Great and Excessive Numbers by the occasion of Idleness the Mother and Root of all Vices whereby hath Insurged and sprung and daily Insurgeth and springeth continual Thefts Murders and other sundry hainous Offences and great Enormities to the high displeasure of God the inquietation and dammage of the Kings people and to the marvellous disturbance of the commonweal of this Realm 35 Eliz. 7. § 25. N. 1. XL. 22 H. 8. 12. § 1. N. 2. And whereas many and sundry good Laws strict Statutes and Ordinances have been before this time devised and made Contempt as well by the King our Soveraign Lord as also by divers his most noble Progenitors Kings of England for the most necessary and due reformation of the premises yet that notwithstanding the said numbers of Vagabonds and Beggars be not seen in any parts to be punished but rather daily augmented and increased into great Routs and Companies as evidently and manifestly it doth and may appear XLI 22 H. 8. 12. § 1. N. 3. Be it therefore enacted Justices c. That the Justices of the Peace of all and singular the Shires of England within the limits of their Commissions and all other Justices of Peace Mayors Sheriffs Bailiffs and other Officers of all and every City Borough Riding or Franchis whereof they be Justices of Peace Mayors Sheriffs Bailiffs or Officers and so being divided shall make diligent search and enquiries of all Aged Poor and impotent Persons which live or of necessity be compelled to live by Alms of the Charity of the People that be or shall be hereafter abiding within every Hundred Rape Wapentake City Borough Parish Liberty or Franchis within the limits of their Division and after and upon such search made the said Justices of Peace Mayors Sheriffs Bailiffs and other Officers that is to say every of them within their limits of their Authorities whereunto they be divided shall have Power and Authority by their Discretions to enable to beg within such Hundred Rape Wapentake City Town Parish or other Limits as they shall appoint such of the said Impotent persons which they shall find and think most convenient within the limits of their Division to live of the Charity and Alms of the People and to give in Commandment to every such Aged and Impotent Beggar by them enabled that none of them shall beg without the limits to them so appointed Records XLII 22 H. 12. § 1. N. 4. And shall also register and write the names of every such Impotent Beggar by them appointed in a Bill or Roll Indented the one part thereof to remain with themselves and the other part by them to be certified before the Justices of Peace at the next Sessions after such search had to be holden without the said Shires Cities Towns or Franchises there to remain under the keeping of the Custos Rotulorum Seals XLIII 22 H. 8. 12. § 1. N. 5. And that the said Justices of Peace Mayors Sheriffs Bailiffs and other Officers that is to say as they be divided shall have Power and Authority to make such and so many Seals to be Ingraved with the Names of the Hundreds Rapes Wapentakes Cities Boroughs Towns or places within the which they shall appoint and limit every such Impotent Person to beg and commit the said Seals to the custody of such of them or to the custody of such other as they shall think convenient License XLIV 22 H. 8. 12. § 1. N. 6. And shall make and deliver to every such Impotent Person by them enabled to beg a Letter containing the name of such Impotent Person and witnessing that he is Authorized to beg and the limits within which he is appointed to beg Seals XLV 22 H. 8. 12. § 1. N. 7. The same Letter to be sealed with such of the said Seals as shall be engraved with the names of the limits wherein such Impotent Person shall be appointed to beg in and to be subscribed with the name of one of the said Justices or Officers abovesaid Lieu. XLVI 22 H. 8. 12. § 1. N. 8. And if any such Impotent Person so authorized to beg do beg in any other place than within such limits that he shall be assigned unto that then the Justices of Peace Mayors Sheriffs Bailiffs Constables and all other the Kings Officers and Ministers shall by their discretions punish all such persons by Imprisonment in the Stocks by the space of two days and two nights giving them but only bread and water and after that cause every such Impotent Person to be sworn to return again without delay to the Hundred Rape Wapentake City Borough Town Parish or Franchis where they be Authorised to beg in License XLVII 22 H. 8. 12. § 2. N 1. And it is Enacted that no such Impotent Person as is abovesaid after the Feast of the Nativity of St. John Baptist next coming shall beg within any part of this Realm except he be Authorized by Writing under Seal as is abovesaid and if any such Impotent Person after the Feast of St. John be Vagrant and go a begging having no such Letter under Seal as is above specified that then the Constables and all other Inhabitants within such Town or Parish where such person shall beg shall cause every such Beggar to be taken and brought to the said Justice of Peace or High Constable of the Hundred XLVIII 22 H. 8. 12. § 2. N. 2. Pain And thereupon the said Justice of Peace or high Constable shall command the said Constables and other Inhabitants of the Town or Parish which shall bring before him any such Begger that they shall strip him naked from the middle upward and cause him to be whipped within the Town where he was taken or within some other Town
Rotulorum for otherwise how shall the Justice of Peace be assured that he doth not defraud the King of a forfeiture that was grown unto him VII Lambert 114. 115. The Condition of this Recognizance Forfeiture of what good form soever you make it standeth upon two points 1. For appearance at the time 2. For keeping the Peace in the mean while c. As to the latter this is general that whatsoever act is a breach of the Peace the doing thereof doth also beget a forfeiture of the Recognizance that is made for the keeping of the Peace c. 2. If a Man be bound to keep the Peace against A. and do afterwards threaten A. to his face that he will beat him he hath forfeited his Recognizance Dalt 177. cap. 72. 3. And an Action of Trespass lieth at the Common Law against him that shall threaten one to beat him as appeareth in divers Book Cases 33 H. 6. 18. 37. H. 6. 20. c. and shall suppose it to be contra pacem 4. But otherwise it is if A. be not present at that threatning by good Opinion 18. Ed. 4. 28. yet if in the absence of A. he doth threaten that he will beat him and then he afterwards lye in wait to beat him he hath in that Case also broken his Recognizance 22 Ed. 4. 35 b. per Curiam 5. Like forfeiture is it if he that is bound do but command or procure another to break the Peace upon any Man or to do any other unlawful Act against the Peace if that it be done indeed 7 H. 4. 34 a. temps H. 8. Peace Br. 20. VIII Lambert 122. 123. the usual Recognizance of the good behaviour hath this form Kilb. Precedents 192. Good behaviour Kanc. ss Memorand ' quod quinto die Mensis Julij Anno Regni c. venit coram nobis H. P. Miles S. L. Armigero c. Justiciar ' Dom. Regis ad Pacem nunc c. R. de E. in Com. predict ' Yeoman in propria persona sua assumpsit pro seipso sub poena CC libr. H. C. de L. in Com. predict Yeoman J. S. de M. in eodem Comitatu Husbandman tunc ibidem in proprijs personis suis similiter venerunt manuceperunt pro predict R.G. viz. Quilibet eorum seperatim sub paena C libr. quod Idem R. G. personaliter comparebit coram Justiciarijs dicti Domini Regis ad Pacem c. ad proximam generalem Sessionem c. quod ipse interim se bene gerit erga Dominum Regem cunctum populum suum precipuè erga J. B. de C. c. quod ipse non inferret ne inferri procurabit per se nec per alios Damnum aliquod seu Gravamen prefato J.B. seu alicui de populo Ipsius Domini Regis de Corporibus suis per insidias insultus seu aliquo alio modo quod in laesisionem seu parturbationem pacis dicti Domini Regis cedere valeat quovismodo quas quidem separales summas C libr. uterque predictorum H. C. J. S. ut predicitut pro se ac predictus R.G. dictas CC libr. recognoverunt se debere dicto Domino Regi de terris tenementis Bonis Catallis suis quorumlibet cujuslibet eorum ad opus ipsius dicti Domini Regis fieri levari si contingat prefatum R.G. in aliquo praemissorum deficere inde legitimo modo convinci c. Dalt 370. cap. 123. 2. Or by a simple Recognizance with this Condition endorsed or under-written Conditio recognitionis predict talis est quod si predict R.G. imposterum se bene geret pacem Domini Regis conservabit erga dictum Dominum Regem cunctum populum suum nullum Damnum Corporale c. extunc Recognitio predicta pro nullo teneatur alioquin in suo robore permaneat Release 3. I have known it doubted whither the Surety of the good abearing commanded upon complaint may be released by any special Person or no because it seemeth more popular than the Surety of the Peace But if it may then may the form of such a Release be easily made by that of the Peace Supra using the words Securitatem de se bene gerendo in stead of the words Securitatem pacis Obligation IX Lambert 213 214 215. The Bond spoken of in this Stat. 2 3 Ph. Mar. 10. § 2. N. 4. 1 2. Ph. Mar. 13. § 5. N. 2. and in some othes seemeth to be meant of a Recognizance acknowledged unto the Kings use and conditioned for the performance of that which the Statute appointeth Crompt 196. § 3. Coron 2. The Party therefore that Informeth against the Prisoner for Felony may be thus bound in a single Recognizance Ks. ss Memorand ' quod tertio Die Aprilis Anno Regni Domini nostri Jacobi Dei Gratia c. D. E. de B. in Com. Predict Yeoman personaliter coram me T. S. uno Justiciariorum c. ad Pacem c. Assignatorum constitutus apud B. predict Recognovit se debere dicto Domino Regi X libr. bonae legalis monetae Angliae de bonis catallis terris tenementis suis fieri levari ad opus dicti Domini Regis heredum Successorum suorum si defecerit in conditione indorsata And with such a Condition The Condition of this Recognizance is such whereas one A. B. late of G. Laborer was this presant day brought before the said Justice by the above bound D. E. and was by him charged with the Felonious taking of twenty Sheep of him the said D and thereupon was sent by the said Justice to the Kings Majesties Goal If therefore he the said D. shall and will at the next General Goal-delivery to be holden in the said County prefer or cause to be framed and preferred one Bill of Endictment of the said Felony against the said A. B. and shall and will then also give Evidence there concerning the same as well to the Jurors that shall then enquire of the said Felony as also to them that shall pass upon the Tryal of the said A.B. that then c. or else c. 〈◊〉 X. Lambert 12 13. The Lord Chancellor or Lord Keeper of the Great Seal the Lord Steward of England the Lord Marshal and Constable of England and every Justice of B. R. have closed in their Offices a Credit for conservation of the Peace over all the Realm and may award Precepts and take Recognizances for the Peace by Marrow and Fitzherbert and by good Opinion the Lord Treasurer of England may well be added to the same number Dalt 1. 2. cap. 1. 2. The Master of the Rolls also by the Judgment of Mr. Marrow is a general Conservator of the Peace by his Office but he maketh process and taketh Recognizance thereupon not as incident to his Office but by Prescription
of Peace but only in the common Gaol Saving to Lords and other their Franchise in this Case Peace And that the Peace within the Realm be holden and kept so 7 H. 4. cap. ◠§ 1. N. 4â— that all the Kings Leige people and Subjects may from henceforth safely and peacably go come and abide according to the Laws and Vsages of the same Realm Games And the Iustices of Peace in every County of England C. 7. § 1. N. 6. and also the Mayor and Sheriffs and Bailiffs of Cities and Boroughs within the same Cities and Boroughs shall have power to inquire of all such deceitful makers of Heads and Quarels viz. of Arrows and to punish them as aforesaid Riot None shall be punished for repressing the late Riots Cap. 18. Justices Item It is ordained and established that if any Riot Assembly 13 H. 4. Cap. 7 or Rout of People against the Law be made in parties of the Realm that the Iustices of Peace three or two of them at the least and the Sheriff or Vnder-Sheriff of the County where such Riot Assembly or Rout shall be made hereafter shall come with the power of the County if need be to arrest them and shall arrest them 2 H. 5. cap. 8. and 19 H. 7. cap. 13. § 1. N. 2. And the same Iustices and Sheriff or Vnder Sheriff Record shall have power to record that which they shall find to be done in their presence against the Law 2 H. 5. cap. 8. § 1. N. 2. and 19 H. 7. cap. 13. § 1. N. 2. § 1. N. 3. And that by the Record of the same Iustices and Sheriff Sheriff or Vnder-Sheriff such Trespassers and Offenders shall be convict in the manner and form as is contained in the Statute of forcible Entries viz. 5 R. 2. Cap. 7. § 1. N. 3. and 15 R. 2. Cap. 2. § 1. N. 3. 2 H. 5. Cap. 8. § 1. N. 2. and 19 H. 7. Cap. 13. § 1. N. 3. § 1. N. 4. And if it happen that such Trespassers and Offenders be departed before the coming of the said Iustices Sheriff and Vnder Sheriff Enquest that the same Iustices three or two of them shall diligently enquire within a Month after such Riot Assembly or Rout of people so made and thereof shall hear and determin according to the Law of the Land 2 H. 5. Cap. 8. § 1 N. 3. and 19 H. 7. 13. § 1. N. 4. § 2. N. 1. And if the truth cannot be found in the manner as is aforesaid Certificat then within a Month then next following the Iustices three or two of them and the Sheriff or Vnder Sheriff shall certifie before the King and his Counsel all the Deed and Circumstances thereof 2 H. 5. Cap. 8. § 1. N. 4 and 19 H. 7. Cap. 13. § 1. N. 9. § 2. N. 2. Which Certificat shall be of like force as the Presentment of twelve Judgment upon which Certificat the said Trespassers and Offenders shall be put to Answer 2 H. 5. Cap. 8. § 1. N. 4. § 2. N. 3. And they which shall be found guilty Execution shall be punished according to the Discretion of the King and his Counsel 2 H. 5. Cap. 8. § 1. N. 5. § 3. N. 1. And if such Trespassers and Offenders do Traverse the matter so certified the same Certificat and Travers Travers shall be sent into the Kings Bench there to be tryed and determined as the Law requireth § 3. N. 2. And if the same Trespassers do not appear before the King and his Counsel or in the Kings Bench at the first Precept Process there shall be another Precept directed to the Sheriff of the County to take the said Trespassers and Offenders if they may be found and to bring them at a certain day before the King and his Counsel or into the Kings Bench. § 3. N. 3. And if they cannot be found that the Sheriff Notice or Vnder Sheriff shall make Proclamation in his full County next ensuing the delivery of the second Precept that they shall appear before the King and his said Counsel or in the Kings Bench or in the Chancery in time of Vacation within three weeks then next following § 3. N. 4. And in case the same Offenders come not as afore is said Attainder and the Proclamation made and returned they shall be Convict and Attainted of the Riot Assembly or Rout aforesaid notwithstanding any Article or Ordinance made to the contrary § 4. N. 1. And moreover that the Iustices of Peace 2 H. 5. C. 8. § 1. N. 6. dwelling nighest in every County where such Riot Assembly Justices or Rout of people shall be made hereafter together with the Sheriff or Vnder Sheriff of the same County and also the Iustices of Assises for the time that they shall be there in their Session in case that any such Riot Assembly or Rout be made in their presence shall do Execution of this Statute every one upon pain of an hundred pounds to be paid to the King as often as they shall be found in Default of the Execution of the same Statute Statuta Hen. 5. 2 H. 5. C. 4. ITem Forasmuch as the Servants and Labourers Apprentice of the Shires of the Realm do fly from County to County because they would not be Iustifiby the Ordinances and Statutes by the Law for them made to the great damage of Gentlemen and others to whom they should serve because that the said Ordinances and Statutes for them ordained be not Executed in every Shire Trades § 1. N. 2. Our Lord the King willing in this case to provide a Remedy by the Advise and Aâ—sent aforesaid and at the request of the said Commons hath ordained and established that the Statute of Labourers made at Canterbury viz. 12 R. 2. Cap 3. c. and all other good Statutes of Labourers made and not repealed be firmly holden and kept and put in due Execution Process § 1. N. 3. And moreover that the Iustices of Peace have power to send their Writs for such fugitive Labourers to every Sheriff of the Realm of England and to make Process as the Statute requireth to bring them before them to answer to our Soveraign Lord the King and to the parties of the Contempts and Trespasses made or done against the Ordinances and Statutes aforesaid in like manner as the Iustices have power to send to every Sheriff for the Felons before them Indicted Apprentice And also that all the Statutes and Ordinances of Labourers § 1. N. 4. Servants and Artificers before this time made and not repealed be Exemplified under the great Seal and sent to every Sheriff of the Realm of England thereof to make Proclamation in the full County and after this Proclamation so made that every Sheriff shall cause the said
for the party Complainant as of the Default or Defaults of the said Iustices Sheriff or under Sheriff in this behalf supposed to be directed to sufficient and indifferent persons at the nomination and by the direction of the Chancellor of the Realm of England § 1. N. 9. And that the said Commissioners presently shall return into the Chancery the Enquests and matters before them Return in this behalf taken and found § 1. N. 10. And moreover that the Coroners of the same County for the time being Enquest in which Country such Riot Assembly and Rout shall be made shall make the Pannel upon the said Commission returnable for the time that the Sheriff so supposed in default shall continue in his Office Enquest Which Coroners shall return no persons § 1. N. 11. but only such which have Lands Tenements or Rents to the value of ten pounds by the year at least Coron And also that the same Coroners shall return upon every of the said persons impanelled at the first day when Issues be to be left 20 s. at least § 1. N. 12. and at the second day 40 s. at least and at the third day 100 s at least and at every day after the double at the least which Issues so returned in respect of nonappearances of such persons Impanelled shall be adjudged as forfeit to the King and Lyable to his use Return And if default be found in the said Coroners § 1. N. 13. touching the returne of such persons to be Impanelled or touching the return of such Issues as afore is said that every of them shall forfeit to the Kings use Forty pounds Sheriff And if it happen the said Sheriff so reputed in default § 1. N. 14. be discharged of his Office at the time that such Commission shall be awarded out of the Chancery that then the new Sheriff of the same County his Successor mediat or immediat for the time being and not the Coroners of the same County shall make the Pannel upon this Commission retornable in manner and form as the said Coroners should do in time when the Sheriff so reputed in default Continued in his Office Sheriff And that the same new Sheriff § 1. N. 15. shall incur like pain of Forty pounds to the King if any default in him be found touching the returne of other person by him Impannelled which have not Lands Tenements or Rents to the valve of Ten pounds by the Year or of returning such Issues which the Coroners be above charged to return as the said Coroners are to lose to the King in this behalf Chancery And that the Chancellour of England § 1. N. 16. for the time being as soon as he may have knowledge of such Riot Assembly or Rout shall cause to be sent the Kings Writ to the Iustices of the Peace and to the Sheriff or under Sheriff of the County where they be so made that they shall put the Statute viz. 13 H. 4. Cap. 7. in Execution upon the pain Contained in the same Execution And though that such Writ come not to the said Iustices § 1. N. 17. Sheriff or under Sheriff they shall not be excused of the pain aforesaid if they make not Execution of the said Statute viz. 13. H. 4. Cap. 7. Fees Provided alwayes that the said Iustices § 2. N. 1. and other Officers aforesaid shall execute their offices aforesaid at the Kings costs in going and Continuing in doing their said Offices by payment thereof to be made by the Sheriff of the same County for the time being by Indenture betwixt the Sheriff and the said Iustices and other Officers aforesaid to be made of the payment aforesaid whereof the said Sheriff upon his account in the Exchequer may have due allowance Riot And that such Rioters attainted of great and hainous Riots shall have one whole years Imprisonment at the least without being let out of Prison by Bayl Mainprise or in other manner § 2. N. 2. during the year aforesaid Imprisonment And that the Rioters attainted of pety Riots § 2. N. 3. shall have Imprisonment as best shall seem meet to the King or to his Counsel Americament And that the Fines of such Rioters attainted § 2. N. 4. shall be by the said Iustices increased and put to greater sums then they were wont to be put in such cases before the time in aid and Supportation of the Iustices and other Officers aforesaid in this behalf Process And that the Kings Leige people being sufficient to Travel in the County where such Routs Assemblies or Riots be § 2. N. 5. shall be Assistant to the Iustices Commissioners and Sheriff or under Sheriff in aid to resist such Riots Routs and Assemblies upon pain of Imprisonment and to make Fine and Ransom to the King Franchise And that the Bayliffs of Franchises shall cause to be Impannelled sufficient persons as before § 2. N. 6. upon pain to loose to the King Forty pounds in case that such sufficient persons may be found within the same Franchises § 2. N. 7. And that like Ordinances and payments shall hold place and take effect in Cities Burroughs and other places and Towns Corporation Infranchised which have Iustices of the Peace within the Cities Burroughs Towns and other places aforesaid § 2. N. 8. And that this Statute shall begin to hold place presently after the Proclamation thereof made Dayes Cap. 9. § 2. N. 1. Provided alwayes that the suggestions of such Riots viz. by persons fled to places unknown be testified to the Chancellor of England Riot by Letters sealed under the Seals of two Iustices of Peace at the least and the Sheriff of the County where such Riots shall be made before that the Writ of Capias be granted 8 H. 6. Cap. 14. § 2. N. 1. 2 H. 5. St. 2. p. 217. Our Lord the King at his Parliament holden at Westminster the Monday next after the Utas of St. Martin the second year of his Reign Parliament by the Advice and Assent of the Lords Spiritual and Temporal and at the special Instance and request of the Commons of his Realm then there Assembled hath ordained and established divers Ordinances and Statutes in the manner and form as followeth Cap. 1. First Justices that the Iustices of the Peace from henceforth to be made within the Counties of England shall be made of most sufficient persons dwelling in the same Counties by the advice of the Chancellor and of the Kings Counsel without taking other persons dwelling in Forraign Counties to execute such Office except the Lords and the Iustices of Assises now named and to be named by the King and his Counsel and except all the Kings cheif Stewards of the Lands and Seigniories of the Dutchy of Lancaster in the North parts and in the
South for the time being 3 H. 5. St. 2. C. 7. § 1. N. 3. And that the Iustices of Peace through the Realm Mony shall have power by the Kings Commissions to enquire of all such matters viz. as well of Counterfeiting and of bringing of false mony into the Realm as of clipping washing and every other Falsity of the said mony and thereupon make Process by Capias only against these which before them shall be thereof Indicted 8 H. 5. C. 3. § 1 N. 4 And the Iustices of Peace shall have power to enquire thereof Mettle viz. of Guilding or Silvering of Mettles c. and that to determin Statuta Hen. 6. 2 H. 6. Cap. 8. § 2. N. 2. AND that the Iustices of Peace within the Counties Ireland and the Mayors and Bailiffs within Cities and Burroughs Enfranchised have power to take before them viz. of Irish men that enter this Realm such manner of Surety of good abearing and to do Execution upon them which shall abide or do against the said Ordinances from henceforth C. 11. § 1. N. 5. And the Iustices of Peace in all Counties of England and Mayors and Bailiffs having power to enquire of the Peace shall enquire Measures hear and determin all the same defaults viz. in the Contents of Vessels of Wine Eels Herring Salmon c. C. 14. § 1. N. 8. And the Iustices of Peace Mayors and Bailiffs Mettle and all others having power as Iustices of Peace shall hear enquire and determin Viz. of Gold-smiths and others not working Silver by the touch or Sterling allay by Bill Plaint or in other manner all that do contrary to the said Ordinances and thereof make due Execution by their discretions 6 H. 6. Cap. 3. The Iustices of Peace and cheif Officers in Cities Apprentice c. shall make Proclamation what every Artificer and Workman shall take for Wages and the Penalty of a Servant Artificer or Labourer that taketh more 8 H. 6. Cap. 5. § 2. N. 7. And that the Iustices of Peace Mayors Measures Bailiffs and Stewards of Franchises have power by Authority aforesaid to Examin the Trespassers in this Case viz. of false Weights and to enquire in special of Offenders against this Ordinance and to do Execution of them that be found faulty by Enquests or by Examination to be made by the said Iudges or Officers in this case in the manner as afore is said Force Item Whereas by the noble King Richard late King of England Cap. 9. after the Conquest the second at his Parliament holden at Westminster the Morrow after All Souls the fifteenth year of his Reign viz. 15 R. 2. Cap. 2. amongst other things it was Ordained and Established that the Statutes and Ordinances made and not repealed of them that make Entries with strong hand into Lands or Tenements or other Possessions whatsoever and them hold with Force and of them that make Insurrections Riots Routs Ridings and Assemblies in disturbance of the Peace or of the Common Law or in affray of the People should be holden and fully Executed Justices And moreover it is ordained by the same Statute Viz. 15 R. 2. § 1. N. 2. Cap. 2. § 1. N. 2. that at all times that such forcible Entries be made and complaint thereof come to the Iustices of Peace or any of them that the same Iustices or Iustice shall take the power of the County and shall go or one of them shall go to the place where such force is made Force And viz. 15 R. 2. Cap. 2. § 1. N. 3. if they find § 1. N. 3. or he findeth any holding of such place forcibly after such Entry made they should be taken and put in the next Goal there to remain convicted by the Record of the same Iustices or Iustice until they have made Fine and Ransom to the King Process And viz. 15 R. 2. Cap. 2. § 1. N. 4. § 1. N. 4. that all the people of the County as well Sheriffs as others shall be attending to the said Iustices and assist them to arrest such Malefactors upon pain of Imprisonment and to make Fine and Ransom to the King Church And viz. 15 R. 2. Cap. 2. § 1. N. 5. § 1. N. 5. that in the same manner be done of them that make forcible Entries into Benifices or Offices of holy Church as in the same Statute is contained more at Large Collusion And for that the said Statute viz. 15 R. 2. Cap. 2. § 2. N. 1. doth not extend to Entries in Tenements in peaceable manner and after holden with force nor if the persons which enter with force into Lands or Tenements be removed or voided before the coming of the said Iustices or Iustice as before nor any Pain ordained if the Sheriff do not obey the Commands and Precepts of the said Iustices for to execute the said Ordinances many wrongful and forcible Entries be daily made in Lands and Tenements by such as have no Right and also divers Gifts Feoffments and Discontinuances sometimes made to Lords and other puissant Persons and Extortioners within the said Counties where they be conversant to have Maintenance and sometimes to such persons as be unknown to them so put out to the intent to delay and defraud such rightful Possessions of their right and recovery for ever to the final Disherison of divers of the Kings faithful Leige-people and likely daily to encrease if due remedy be not provided in this behalf Assurances Our Lord the King considering the Premises § 2. N. 2. hath ordained that the said Statute viz. 15 R. 2. Cap. 2. and all other Statutes of such Entries of Alienations made in times past shall be holden and duly Executed Force Ioyned to the same viz. to 15. R. 2. Cap. 2. that from henceforth where any doth make any forcible Entry in Lands and Tenements § 2. N. 3. or other Possessions or them hold forcibly after Complaint thereof made within the same County where such Entry is made to the Iustices of Peace or to one of them by the party grieved that the Iustices or Iustice so warned within a convenient time shall cause or one of them shall cause the said Statute viz. 15. R. 2. Cap. 2. duly to be Executed and that at the costs of the Party so grieved Enquest And moreover §. 3. N. 1. though that such persons making suh Entries be present or else departed before the coming of the said Iustices or Iustice in some good Town next to the Tenements so entred or in some other convenient place according to their discretion shall have or either of them shall have Authority and power to enquire by the people of the same County as well of them that make such forcible entries into Lands and Tenements as of them which the same hold with force § 3. N. 2. And if
§ 1. N. 3. after that they shall have the Records of the same Pleas and Processes before them shall have Power and Authority to continue the said Pleas and Processes and the same Pleas and Processes and all that depend upon them to hear and finally to determin as the other Iustices might and ought to have done of and in the same if no new Commission had been made Wax And that as well every Iustice of Peace in the County where he is Iustice as Mayors and Bailiffs within Cities and Boroughs C. 12. § 1. N. 4. Stewards of Lords within the Franchises of their Lords have Power and Authority to Examin and Search viz. those that sell Wax-Candles too dear as well by Weights of such Candles Images Figures and other Works of Wax as in other manner by their Discretion and all them that any thing shall hereafter do against this Statute and to punish them that by such Examination and Search shall be found guilty in the form abovesaid Dayes Item Whereas it was Ordained by a Statute viz. 12 Rich. 2. 14 H. 6. C. 4. Cap. 10. § 1. N. 2. that the Iustices of Peace of all the Counties of England for the time being should sit and hold all their Sessions four times by the year to Enquire and Execute all Charges contained in their Commission which they be sworn to do according to the form of the Statute upon a great pain as by the same Statute more fully appeareth Justices Our Lord the King considering that all the high Courts be set and holden in the County of Midlesex § 1. N. 2. continually during all the four times of the Term by which time of Term the Commons Inhabiting in and of the same County must attend from time to time to Enquire of all the Articles to the said Courts belonging as Reason and Law requireth and that presently after every of the said Terms ended the said Iustices of the said County do sit and hold their Sessions in the same County as they ought to do by force of the said Statute viz. 12 R. 2. Cap. 10. § 1. N. 2. more to avoid the said Penalty than for any other necessary thing there to be required at which Sessions they cause to come before them a great part of the Inhabitants and Commons of the said County of Midlesex to enquire of all manner of things as to them is given in charge and by that means they be charged and vexed throughout all the year as well out of the time of Term as in the time of Term so that they have no rest nor time to do their Husbandry and their Labour to get their Living in any wise to their utter undoing if they be not releived in this behalf § 1. N. 3. Therefore the same our Lord the King willing in this case to provide for them a Remedy hath Ordained by the Advise and Assent aforesaid Peace and at the Request of the said Commons of the Realm that the Iustices of Peace which now be and all other hereafter for the time being in the said County of Midlesex shall be clearly discharged of the said Penalty by Authority of the same Parliament from henceforth the Court of Kings Bench being set in the said County of Midlesex § 1. N. 4. Provided always that the said Iustices of Peace of the said County of Midlesex for the time being keep Force observe and execute the Court of the Sessions of the Peace two times in the year at least and more often if need be for any Riot or forcible Entry made within the same County of Midlesex and that upon the Pain and Forfeiture of such Sums as be for that ordained by any Law made before this time to the end and intent that the said Commons and Inhabitants of the said County of Midlesex be not enforced nor compelled to appear before the Iustices of Peace of the same County for the time being but at such time which shall seem by the Discretion of the same Iustices of Peace necessary and behoofeful 25 Ed 3. Cap. 8. 36 Ed. 3. Cap. 12. 12 R. 2. Cap. 10. § 1. N. 2. 2 H. 5. Cap. 4. § 2. N. 2. 18 H. 6 cap. 11. Item Whereas by Statutes viz. 1 E 3. Cap. 16. § 1. N. 2. Justices 18 E. 3. St. 2. Cap. 2. 13 R. 2. Cap. 7. 17 R. 2. Cap. 10. § N. 2. made in the time of the Kings noble Progenitors it was Ordained that in every County of England Iustices should be Assigned of the most worthy of the same Counties to keep the Peace and to do other things as in the same Statutes fully is contained which Statutes notwithstanding now of late in many Counties of England the greatest number have been Deputed and Assigned which before this time were not wont to be whereof some be of small Behaviour by whom the People will not be Governed nor Ruled and some for their necessity do great Extortion and Oppression upon the People whereof great Inconveniences be likely to rise daily if the King thereof do not provide Remedy § 1. N. 2. The King willing against such Inconveniences to provide Remedy Ability hath Ordained and Established by Authority aforesaid that no Iustices of Peace within the Realm of England in any County shall be Assigned or Deputed if he have not Lands and Tenements to the value of 20 l. by year § 1. N. 3. And if any be Ordained hereafter to be Iustices of Peace in any County which hath not Lands or Tenements to the value aforesaid Justices that he thereof shall give knowledge to the Chancellor of England for the time being which shall put another Sufficient in his place § 1. N. 4. And if he give not the said knowledge as before Notice within a Month after that he hath notice of such Commission or if he sit or make any Warrant or Precept by force of such Commission he shall incur the Penalty of 20 l. and nevertheless be put out of the Commission as before § 1. N. 5. And the King shall have one half of the said Penalty Forfeiture and he that will sue for the King the other half and he that will sue for the King and for himself shall have an Action to demand the same Penalty by Writ of Debt at the Common Law § 2. N. 1. Provided always that this Ordinance shall not extend to Cities Corporation Towns or Boroughs which be Counties Incorporate of themselves nor to Cities Towns or Boroughs which have Iustices of Peace of Persons dwelling in the same by Commission or Warrant of the King or of his Progenitors Ability Provided also § 2. N. 2. that if there be not sufficient Persons having Lands and Tenements to the value aforesaid learned in the Law and of good Governance within any such County that the Chancellor of England for
and Liberty of Hexam c. and shall exercise and use all manner of things within the said Shire and Liberty that appertaineth or belongeth to any Iustice of Peace within any County of this Realm of England to do exercise and use by vertue and authority that they be Iustices of Peace in as large and ample manner as any other Iustice of Peace in any County within this Realm have or might do exercise or use any thing or things in this Act contained to the contrary notwithstanding Cap. 28. 27. § 11. N. 1. And over that it is Enacted Husbandry That all Iustices of Peace in every Shire where every such offence Viz. Of not using Husbandry on dissolved Monastery c. shall be committed and done contrary to the true meaning and intent of this present Act shall in every quarter and general Sessions within the limit of their Commission inquire of the Premises and shall have full power and authority to hear and determine the same 28 H. 8. C. 14. § 4. N. 1. And it is also Enacted Wine That the Iustices of Peace in every Shire of this Realm and all Mayors c and every of them within the limits of their Commissions and authorities as well within Franchises as without shall have power and authority to examine hear inquire and determine the defaults of such as shall attempt to sell any Wines in gross contrary to this Act and to punish the Offenders by Imprisonment or otherwise by their discretions 31 H 8. Ca. 8. § 9. N. 1. Provided also Prerog That if any Proclamation or Proclamations hereafter shall be directed by virtue of this Act viz. For any thing not concerning Inheritance c. to the Iustices of Peace of any Shire or County that then within fourteen dayes after the receipt thereof the same Iusties shall and may by their discretions divide themselves viz. As on Act of Parliament in sundry parts and places within the limits of their Commission for the due and speedy execution of the contents of the same Proclamation or Proclamations C. 14. § 17. N. 3. And also That Iustices of Peace in their Sessions Religion and every Steward Vnder-Steward and Deputy of Steward of any Leet or Law-day in their Leet or Law day shall have like power and authority by virtue of this Act to inquire by the Oaths of twelve lawful men of all and singular the Heresies Contempts and other Offences viz. Against the six Articles c. done perpetrated or committed within the limits of their Commissions and Authorities 1 Ed. 6 Cap. 12 § 4. N. 1. 32 H. 8. Cap. 7. § 4. N. 1. And further be it Enacted c. Tythes That if any Person or Persons after such Sentence definitive given against them Viz. In suit by Ecclesiastical or Lay-man seised of Parsonage c. For tythes obstinately and wilfully refuse for to pay their Tythes or such Sums of Mony so adjudged viz. By the Ordinary wherein they be condemned for the same that then two Iustices of the Peace of the same Shire whereof one to be of the Quorum shall have authority by this Act upon Information Certificate or Complaint to them made by writing by the said Ecclesiastical Iudge that gave the same Sentence to cause the same Party so refusing to be attached and committed to the next Goal and there to remain without Bail or Mainprize till he or they shall have found sufficient Sureties to be bound by Recognisance or otherwise-before the same Iustices to the use of our Sovereign Lord the King to perform the said definitive Sentence and Iudgment 27 H. 8. Cap. 20. § 1. N 5. C. 13. § 8. N. 1. And it is further Enacted c. Cattle That the Iustices of Peace in every Shire Riding and other Place in their Quarter Sessions to be kept and holden by virtue of the Kings Commission of the Peace to them directed and all Stewards of Leets c. shall have authority by this Act to inquire of all defaults Contempts Omissions and Offences contrary to the effects above written c. viz. Of putting in Horses not measure or infected into Forest Common c. Common Which Iustices of Peace in their Quarter Sessions of the Peace shall have power and authority by this Act to hear and determine every such Presentment before themselves found § 8. N. 3. or in any of the said Leets or Lawdays to be presented and certified c. as well by Examination as otherwise Franchise In consideration viz. of the travelling too often of the Gentry c. be it Enacted c. C. 43. § 1. N. 8. That from henceforth the Law and Administration of Iustice and all other things in the said County viz. of Chester in times past used to be had at the said Shire days shall be holden had made done and executed by the Iustices of the said County for the time being at two times in the year only that is to wit at the Sessions next after the Feast of St. Michael the Archangel and at the Sessions next after Easter yearly for ever during so many days of every of the said time or times as need shall require in like manner and form as it is now used in the County Palatine of Lancaster Parliament Henry the Eighth by the grace of God King of England France and Irelend Defender of the Faith and of the Church of England 33 H. 8. pa. 532. and also of Ireland in Earth Supream Head to the honour of Almighty God and for the concord quiet and wealth of this his Realm and Subjects of the same held his most high Court of Parliament begun at Westminster the sixteenth day of January and continued until the first day of April the three and thirtieth year of his most noble and virtuous Reign wherein were established these Acts following Collusion Forasmuch as many light and evil disposed Persons not minding to get their livings by Truth according to the Laws of this Realm Cap. 1. but compassing and devising daily how they may unlawfully obtain and get into their hands and possession Goods Cattel and Iewels of other Persons for the maintainance of their unthrifty living and also knowing that if they come to any of the same Goods Cattles and Iewels by stealth that then they being thereof lawfully convict according to the Laws of the Realm shall die therefore have now of late falsely and deceitfully contrived devised and imagined privy Tokens and counterfeit Letters in other mens names unto divers persons their special friends and acquaintances for the obtaining of Mony Goods Cattels and Iewels of the same persons their friends and acquaintances by colour whereof the said light and evil disposed Persons have deceitfully and unlawfully obtained and gotten great substance of Mony Goods Cattels and Iewels into their hands and Possessions contrary to right and Conscience Coron For reformation
in such behalf shall and may at all times hereafter assesse tax extract return levy claim have and enjoy all manner such Issues Fines Amerciaments Forfeitures and other penalties and every of them to all such uses and purposes and in like manner and form in every behalf as they or any of them have lawfully used to do and have or might have done and had at any time before the making of this present Act by vertue of any Grant to them or any of them heretofore made or granted or otherwise by vertue of any Custom or lawful Vsage thereof heretofore used in every behalf this Act or any therein contained to the contrary notwithstanding § 21. N. 1. 34 35 H. 8. C. 1. § 3. N. 4. This Act to continue to the latter end of the next Parliament Days And Viz. if any Printer c. or any Person Books c. be of any the Offences aforesaid viz. printing uttering or using Books or Religion in Interludes Prohibited c. Convicted by sufficient Witness before any two of the Kings Council or the Ordinary of the Diocess where any such offence shall be committed and two Iustices of the Peace of the same Shire where any such Ordinary shall sit within his Diocess for that purpose c. § 3. N. 5. Shall have for the first time Imprisonment Forfeiture c. for three months and also lose c. 10 l. c. § 19. N. 1. And be it further Enacted That if any Spiritual Person c. Preach Religion Teach Defend and Maintain any Matter c. Contrary to the godly Instructions or determinations which since viz. 1540. is or shall be set forth by his Majesty c. being thereof convicted before the Ordinary of that Diocess within the which the said offence shall be committed and two Iustices of the Peace c. shall before the first time be admitted to recant c. § 25. N. 2. And in case any such Iustices being so required Justices c. viz. by the Ordinary on notice of time and place of sitting c. having convenient and reasonable warning and knowledge in writing from the said Ordinary c. do not come to such place and at such time as shall be so appointed having no lawful and just Impediment to the contrary shall forfeit and lose to the Kings Highness for every such Offence 40 s. to be Estreated c. C. 3. § 1. N. 11. And the said Offender viz. in false measure of Coals Talwood Measures Faggots or Billets c. out of the said City Borough or Town to be punished by the discretion of two Iustices of Peace inhabiting within the Shire where the Offence shall be committed or done C. 14. § 2. N. 1. In Consideration whereof Records Viz. of the Incertainty where to have Records of Justices of Peace Goal-delivery Oyer and Terminer c. Be it Enacted c. that the Clerk of the Crown Clerks of Peace and Clerks of Assize c. where any such Attainder Outlary or Conviction viz. of Murder Robbery or other Felony c. shall so be had shall c. not only certify a Transcript c. before the King c. in his Bench at Westminster in the County of Midlesex there to remain of Record forever c. but also shall deliver a Transcript of every such Indictment whereupon the said person c shall fortune hereafter so to be convicted or Clerks attainted to the Ordinary to whom the body of the said person c. shall be committed § 4. N. 1. And be it Enacted Certificate c. that the said Clerk of the Crown in the Kings Bench c. shall at all such times as the Iustices of Goal-delivery or Iustices of Peace in every County within this Realm of England do write unto him for the names of such persons which be so attainted by Outlawry or Clerks attainted or convict and certified in the said Bench of our said Soveraign Lord the King shall incontinently without delay certify the said Names and Sirnames of the said persons with the Causes why and wherefore they were convict or attainted unto the Iustices of Goal-delivery or Iustices of Peace upon the pain c. to forfeit for every Name of such persons which shall be so written for and not certified by the said Clerk of the Crown in the Kings Bench to the said Iustices forty shillings 35 H. 8. Cap. 5. § 1. N. 6 Or viz. none to be arraigned for Offence against 31 H 8. Cap. 14. § 9. Religion N. 2. c. but on Presentment c. before the Iustices of Peace sitting in their Sessions or three of them at the least C. 17. § 7. N. 2. And if the Lord viz. that would inclose Wood of Common Woods c. and the said Tenants and Inhabitants or the most part of them cannot will not or do not assent consent and agree for and upon the severing dividing setting out meeting and bounding of the said fourth part of the said Woods and Vnder-woods Viz. to be left out c. or of as much thereof as shall amount to the full fourth part thereof that then two Iustices of the Peace not being of the Kin Allyance Council or Fee of or to the said Lord or Owner being thereto appointed by the more number of the Iustices of Peace of the Shire where the said Ground or Soyl lyeth in their open Quarter Sessions upon Request and Suit made unto them by the Lord or Owner or by his or their lawful Depuy or Deputies of the said Woods Vnder-woods Grounds or Soyl shall have full Power and Authority to call before them upon such Pains and Penalties as the said Iustices shall limit and appoint such twelve of the said Commons and Inhabitants nigh unto the same Woods or Vnder-woods as by the discretion of the said two Iustices shall be thought meet and convenient Common And upon or after the appearante of the same Lords Owners § 7. N. 3. Commons and Inhabitants or the most part of them the same Iustices shall open and declare unto the same Lord Owner Commons and Inhabitants the Cause of their Assembly and Appearance and that done shall by the Advise and Assent of the said Lord Owner Commons and Inhabitants or their lawful Deputy or Deputies or the most part of them effectually proceed to the severing dividing meeting and bounding of the said fourth part of the said Woods and Vnder-Woods or of so much thereof as shall amount to the fourth part thereof Justices And if the same Iustices Owners § 7. N. 4. Commons and Inhabitants or the most part of them cannot or will not agree upon the Division c. that then the said Iustices shall have full Power and Authority by this Act to sever divide and set out by meets and bounds the fourth part of the said Woods and Vnder-woods or so
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
Essoyn Protection Wager of Law or Licence to the contrary shall be allowed Cattle And be it Enacted C. 7. § 7. N. 1. c. that the Iustices of Peace of every Place and County as well within Liberties as without shall have Authority in their Sessions within the limits of their Authority and Commission to inquire hear and determine all Offences against this Statute viz. of selling Horses Gueldings Mares and Colts in Fairs and Markets Overt as they may do any other matter tryable before them Ways And in default of such Inquiry or Presentment C. 8. § 2. N. 10. viz. in Leet of not amending High-ways c. the Iustices of Peace for every Place or County shall have Authority to inquire of the same the Offences which shall be committed within the limits of their Commission at every their Quarter Sessions and to assess such Fines therefore as they or two of them whereof one to be of the Quorum shall think meet Account And the said Church-wardens shall have Authority to call the said Bailiff and Head-Constable to Account before the Iustices of Peace or two of them wherof one to be of the Quorum by Bill § 4. N. 2. Information or otherwise Bail And forasmuch as the said Act viz. 1 2 Ph. Mar. Cap. 13. § 4. N. 1. doth not extend to such Prisoners as shall be brought before any Iustice of Peace for Manslaughter or Felony C. 10. § 2. N. 1 and by such Iustice shall be committed to Ward for the Suspition of such Manslaughter or Felony and not Bailed in which Case Examination of such Prisoner and of such as bring him is as necessary or rather more than where such Prisoner shall be let to Bail or Mainprize Proof Be it therefore Enacted § 2. N. 2. c that from henceforth such Iustice or Iustices before whom any person shall be brought for Manslaughter or Felony or for Suspition thereof before he or they shall commit or send such Prisoner to Ward shall take the Examination of such Prisoner and Information of those that bring him of the Fact and Circumstances thereof and the same or as much thereof as shall be material to prove the Felony shall put in Writing within two days after the said Examination Certificate And the same shall certify in such manner and form § 2. N. 3. and at such time as they should and ought to do if such Prisoner so committed or sent to Ward had been Bailed or let to Mainprize upon such Pain as in the said former Act viz. 1 2 Ph. Mar. Cap. 13. § 5. N. 5. is limited and appoin◠for not taking or not certifying such Examinations as in the said former Act is expressed Recognizance And be it further Enacted § 2. N. 4. that the said Iustices shall have Authority by this Act to bind all such by Recognizance or Obligation as do declare any thing material to prove the said Manslaughter or Felony against such Prisoner as shall be so committed to Ward to appear at the next general Goal-delivery to be holden within the County City or Town-Corporate where the Tryal of the said Manslaughter or Felony shall be then and there to give Evidence against the Party § 2. N. 5. And that the said Iustices shall certify the said Bonds taken before them Certificate in like manner as they should and ought to certify the Bonds mentioned in the said former Act viz. 1 2 Ph. Mar. Cap. 13. § 5. N. 3. upon Pain as in the said former Act is mentioned for not certifying such Bonds as by the said former Act is limited and appointed to be certified Cap. 18. Where the King and Queens most Excellent Highness Coporation and their Noble Progenitors Kings of this Realm have heretofore granted their several Commissions directed as well unto the Mayors Recorders and other Grave Men and Inhabitants of certain Antient and Famous Cities and Towns-Corporate within this Realm of England not being Counties in themselves as also unto divers other worshipful and learned men dwelling out of the same Cities and Towns-Corporate as well for the keeping of their Peace good ordering of their People and executing of their Laws and Statutes within the same Cities and Towns-Corporate as also for the Delivery of their Majesties Prisoners remaining in the Goals there and after the granting of such Commissions their Majesties have granted divers other like Commissions unto certain worshipful and learned men of the Shires Laths Rapes Ridings and Wapentakes of this Realm of England for the Confirmation of their Peace and also delivering of their Prisoners remaining in their Goals within the same Shires Laths Rapes Ridings and Wapentakes § 1. N. 2. Which Commissions so bearing a later date Supersedeas have been a Supersedeas and clear Discharge unto all and singular the said former Commissions granted unto the said Cities and Towns-Corporate not being Counties in themselves § 1. N. 3. So that the said Mayor Commission and other grave and chiefest Officers of every such City and Town-Corporate have been charged to sue for the renewing again of such Commissions both for the Peace and Goal-delivery to the great Expences Cost and Charges of the said Mayor and other the Inhabitants of such Cities and Towns-Corporate and to the great protracting and delay of Iustice therein in the mean time for Reformation whereof and for the better Advancement of Iustice in the Premisses § 2. N. 1. Be it therefore Enacted Franchise c. that all and singular Commission and Commissions granted or to be granted to any such City or Town-Corporate not being as is aforesaid a County in it self for the keeping of their Peace and delivery of the Prisoners remaining in the Goals of any such City or Town-Corporate not being a County in it self shall stand remain and be Good and Available and Efectual in the Law to all Intents Constructions and Purposes the granting of any like Commission of the Peace or Goal-delivery to any Commissioner or Commissioners for the Conservation of the Peace or Delivery of the Prisoners remaining in the Goal of any Shire Lath Rape Riding or Wapentake within this Realm of England bearing date after the said Commission or Commissions granted as is aforesaid to any such City or Town-Corporate not being as is aforesaid a County in it self to the contrary notwithstanding C. 21. § 10. N. 2. Be it therefore Enacted Riot c. viz. because good and beneficial that all the said several Acts c. viz. 1 Mar. 1. St. 2. Cap. 12 c. and all Clauses c. shall be revived c. untill the last day of the next Parliament 4 5 Ph. Mar. Cap. 9. § 14. N. 2. 4 5 Ph. Mar. Cap. 2. § 8. N. 2. And be it further Enacted War c. that the Iustices of Peace
editi Et quod I.S. de C. predict ' in Com. E. predict Labourer tres aliae presonae ignot ' dicto 2 die Septemb ' Anno supradict ' dictum communem locum usitaverunt ac tunc ibidem cum Globis Anglice vocat Bowls insimul illicite Inserunt contra form ' Statut ' pred' c. LXXXIX West Symb. 2. part 155. Sect. 339. An Indictment of Misrule c. infra 91. Juratores pro Dom ' Rege super Sacramentum suum presentant quod T. E. de Essex ss c. in domo sua continue recepit hospitavit supportat vagabond ' meretrices alios diversos homines ociosos suspect ' malae conversationis continue custodivit malam regulam Gubernationem in domo suo ad grave nocumentum perturbationem omnium vicinorum suorum ac contra formam diversorum Statut ' c. ac contra paecem c. XC West Symb. 2. part 15. 7. b. Sect. 355. An Indictment of disorders c. Juratores pro Dom. Rege super Sacramentum suum presentant quod A. B. de C. c. est communis Tiplator â—ervisiae communis Barrectator pacis Dom ' Regis perturbator custodit manutenet quotidie noctanter in domo sua apud c. diversas personas suspect tam Homines quam Mulieres Vagabond ' ibidem bibentes jurantes ludentes ad luda illicita Essex ss viz. apud Cards and Dice in noctibus post horas debitas legitimas qui vigilant in nocte dormiunt in die nec non habet fidem opinionem contra fidem Dei hec verba dixit 2 Septemb. Anno apud c. in his Anglicanis verbis sequent ' God never took Flesh nor Blood of our Lady in presentia D. E. F. G. aliorum ligeorum dicti domini Regis in malum exemplum magnum nocumentum omnium aliorum ligeorum dicti Dom. Regis Coron ' dignitat ' suas XCI Practick Precedents 135. An Indictment for keeping a disordered Ale-house supra 89. Juratores pro Dom ' Rege super Sacramentum suum presentant quod G. R. Midd. ss nuper de A. in parochia de Islington in Com' M. pred Yeoman 2 die Julij Anno Regni c. diversis aliis diebus ac vicibus tam antea quam postea apud parochiam pred in com' pred' custodivit manutenuit adhuc custodit manutenet quam dam demum tiplatorium malegubernat ' inordinat ' Anglice vocat a common disordered Ale-house in eadem domo ad tunc ibidem permisit diversas personas otiosas male dispositas Juratoribus pred' ignot ' diversis temporibus tam per noctem quam per diem esse remanere tiplantes bibentes se malegerentes ad magnam inquietatem perturbationem omnium ligeorum subditorum dicti Dom ' Regis ibidem inhabitant ' in contempt ' Legum Angliae in malum exemplum omnium aliorum in hujusmodi casu delilnquentium ac contra pacem dicti Dommini Regis nunc Coronam dignitatem suas XCII Practick Precedents 89 90. An Indictment against a common Drunkard Juratores pro Dom ' Rege super Sacramentum suum presentant quod A. B. nuper de C. in Com' pred' Yeoman 10 die Midd. ss c. Anno Regni c. continue multis aliis diebus vicibus tam antea quam post predict diem c. Anno c. supradict ' apud C. predict ' in Com' predict ' alibi in diversis aliis locis infra Com' pred' fuit adhuc est communis poculator Anglice vocat ' a common Drunkard communis perturbator pacis dicti Dom ' Regis in malum exemplum fidelium subditorum dict' Dom ' Regis nunc contra pacem dicti Dom ' Regis Coronam Dignitatem suas c. Alien Allegiance Denizen Foreigner Strangers Peace I. DAlt. 164. cap. 68. An Alien born who is made a Denizen may have his surety of the Peace and so of an Alien born who liveth in England under the King's Protection although he be not made Denizen because Cromp. J. P. 134. b. it 's Felony to kill him Lamb. 2. cap. 2. page 80. War II. Dalt 164 165. cap. 68. And so of an Alien whose King is in League with our King or if there be no Wars between this Realm and that Realm whereof the Alien is for by the Common-Law all these may get and have within this Realm any personal Goods and sue for the same and so have the benefit of the King's Laws and Protection But an Alien who is the King's Enemy viz. where there is open War between our King and his King shall not have this surety granted to him nor any other benefit of the King's Laws Dyer 2. 7. Co. 16 17 c. Calvin's Case Cromp. J. P. 134. a. b. such Enemy may be killed Apprentice III. If an Alien born serve seven years as an Apprentice in England Query If he be within 5 Eliz. 4. § 31. N. 1. to set up his Trade see 1 R. 3. 9. § 9. 21 H. 8. 16. Merchant IV. 9 Ed. 3. Alien or Denizen Merchant except the King's Enemies may buy and sell where they will within Franchises or without 14 Ed. 3. 2. 2 L Ed. 3. St. 2. cap. 2. 5 H. 4. 7. Alms-houses see Poor Amerciaments Fines Forfeitures Contempts Affearment Estreats Force I. LAmb. 2. cap. 4. page 159. Touching the assessment of the Fines or Ransoms upon the Offenders so convicted by the Record of the Justice of Peace on 8 H. 6. 9. § N. of forcible entry and by his Warrant sent to the Gaol some men do think that the same Justice hath sufficient authority to put them to their Fines and upon Pledges found for the payment thereof to deliver them out of Prison again when he by his discretion shall think good for as they say he is only appointed Judge over this Offence and only hath the custody of that Record and knoweth best both how to moderate the Imprisonment and to rate the Fine according to the quantity of their Trespass and Offence and as he is bound by his Oath and Duty in their opinion to estreat all Issues and Amerciaments growing to the King by his enquiry so ought he also to estreat and send this into the Exchequer that from thence the Sheriff may be commanded to levy it to His Majesties behoof But granting this to be true yet to avoid all peril of dashing against the Rock of Doubt I think it the better course to refer this over also to the Kings Bench c. Justices II. Lamb. 3. cap. 2. page 355. Two Justices of the Peace whereof one to be of the Quorum appoinred by the Custos Rotulorum or by the eldest of the Quorum in his absence are to oversee and controul the Sheriffs
1. Provided always that this Act nor any thing therein contained shall be hurtful or prejudicial to the Barons or other Inhabitants of the Five Ports or of their Members neither to any Grant Liberty or Franchis heretofore made by the King c. Or any his Progenitors Kings of England to the said Barons or other Inhabitants their Ancestors or Predecessors or any of them Cinque Ports LXXIII 22 H. 8. 12. § 9. N. 2. And that it be Enacted c. that all and every Mayor and Mayors and Bailiff and Bailiffs Electife and Elected by the Commons and Inhabitants of every Town and place of the said Ports and Members shall have like Authority within every such Town and place where they or any of them be or shall be Mayor or Baliff or Jurate to put or cause to be put this Act in due Execution as the Justices of Peace in any County of this Realm have or shall have Authority and power by this Act to do where they be Justices Cinque Ports LXXIV 22 H. 8. 12 § 9. N. 3. And that the Inhabitants within every Town within the said Ports shall be bounden to the Execution of this Act like as other Inhabitants be without the said Ports upon like pain as is above remembred Cinque Ports LXXV 22 H. 8. 12. § 9. N. 4. And if any person c. which shall Inhabit within the said Five Ports or Members be impotent or other Idle person do hereafter begg without the said Five Ports or Members of the same Contrary to this Act that then every such person shall be ordered and punished according to this Act any thing in this Proviso to the contrary notwithstanding Seals LXXVI 22 H. 8. 12. § 10. N. 1. And it is ordained and Enacted that the Seals above rehearsed shall be made at the costs and charges of the Justices of Peace Mayors Sheriffs Bailiffs and other Officers above written on this side the Feast of the Nativity of Saint John Baptist next comeing that is to say that every of them shall do the said Seals to be made within the limits of their Division Jurisdiction and Authority LXXVII 22 H. 8. 12. § 11. N. 1. And it is also Ordained and Enacted that every Letter to be made by the Authority of this Act License whereby any Impotent Begger shall be authorized and assigned to beg shall be made in this form ensuing LXXVIII 22 H. 8. 12. § 12. N. 1. Kanc ' ss Memorandum that A. B. of Dale License for reasonable considerations is Licensed to beg within the Hundred of P. K. and L. in the said County given under the Seal of that limit tali die anno LXXIX 22 H. 8. 12. § 13. N. 1. And that every such Letter that shall be made and delivered to such Begger or Vagabond License after he hath been Whipped by Authority of this Act shall be made in this wise following LXXX 22 H. 8. 12. § 14. N. 1. Kanc ' ss I. S. Whipped for a Vagrant License strange Begger at Dale in the said County according to the Law 22 day of July in the 23 year of King H. 8. was assigned to pass forthwith and directly from thence to Sale in the County of Middlesex where he saith he was born or where he last dwelled by the time of three years and he is limited to be there within fourteen days next ensuing at his peril or within such number of days as to him shall be limited by the discretion of the maker of the said Letter in Witness whereof the Seal of the limit of the said place of his punishment hereunto is set 39 Eliz. 4. § N. LXXXI 22 H. 8. 12. § 15. N. 1. And it is enacted that every such Letter shall be made at the equal costs of such the said Justices Mayors Sheriffs License Bailiffs or other Officers within whose Jurisdiction Powers and Authorities the said Begger and Vagabond shall be whipped or limited to beg in by Authority of this Act and every such Letter shall be subscribed with the hand of one of the said Justices Mayors Sheriffs Baliffs or other Officers in this form following per me A. B. unum Justiciariorum pacis or Majorem Civitatis or Ballivum villae or Constabularium talis hundredi or else in like form in English LXXXII 22 H. 8. 12. § 16. N. 1. And it is further Enacted Imprisonment that every such person c. As have the Custody of any Goals within any Shire City Borough or Town Corporate on this side the Feast of Saint John the Baptist shall do make a Seal engraven with the name of the Castle Prison or Goal which he keepeth LXXXIII 22 H. 8. 12. § 16. N. 2. And in Case any person Fees c. That at any time after the said Feast of Saint John shall be delivered out of any Goal or Prison for suspitions of Felony by Proclamation or be acquit of any Felony and hath no friends to pay his fees nor was born within the Hundred or place where he shall happen to be so delivered nor can get him no Master there to abide and work with shall have liberty to beg for his fees by the License of his Keeper by the space of six Weeks next after such deliverance and after that to be compelled to go to the Hundred where he was born or last dwelled by the space of three years within such time as shall be limited by one of the Justices of Peace Mayors Seriffs Bailiffs or any Officers where such deliverance shall be had 27 H. 8. 25. 26 § 6. LXXXIV 22 H. 8. 12. § 17. N. 1. And it is enacted that every such person so delivered shall have a Letter made to him by the Clerk of the Peace of the Shire within the which he was delivered License if he be delivered in the Shire and if he be delivered in any City Borough or Town Corporate then he to have a Letter of the Common Clerk of every such City Borough or Town where he is delivered every such Letter witnessing the day of his deliverance and the place where he was delivered and afore whom and the time appointed to him to beg for his fees and the place to which he shall be assigned to repair unto in case he can get no Master to fall to Work where he was delivered and to every such Letter the said Goaler or Keeper of Prison out of the which such person shall be delivered shall put the Seal limited to be made as is aforesaid for the said Prison and that every such Letter shall be made in this wise following License LXXXV 22 H. 8. 12. § 18. N. 1. Essex ' ss the 20 day of July Anno Regni Regis H. 8. 23. I. S. was delivered for Felony out of the Goal of Dale in the said County at the Sessions holden afore A. B. and his Fellows at Sale the day and year aforesaid
Additions to Dalton cap. 81. Sect 7. 'T is said that no married Woman is punishable by this Statute 35 Elizabeth but are thereout excepted whereas in truth they are no where excepted throughout this Statute save only that they shall not be compelled or bound to abjure 35 Eliz. § 12. N. 1. For if a married Woman comes not to Church but forbears for a month and goes to Conventicles or any other Meetings or Assemblies under colour or pretence of the Exercise of Religion contrary to Law whether they be Popish or other or perswades others so to do or to forbear the Church or to impugne the Kings Authority in Causes Ecclesiastical she shall be imprisoned by force of this Act 35 Eliz. 1. § 1. N. 5. until she conform and submits her self but she cannot be further proceeded against so as to require her to abjure A Married Woman by this Act 35 Eliz. 1. § 10. N. 2. with her Husband is likewise punishable for her Recusancy by action of Debt c. brought against her and her Husband at the Kings Suit so that 't is a great mistake to say she is not punishable by this Statute Days XLIX The Laws c. 125. 126. Abr. 124. Note that this Act 35 Eliz 1. § 13. N. 4. being at first but temporary was afterwards discontinued Hutton 61 62. But is since revived by 3 Car. 14. 5. § 21. N. 1. and declared to be in Esse 16 Car. 2. 4. § 1. N. 1. 2. And in such Case it hath been questioned if a Statute be discontinued and afterwards revived how an Indictment thereupon shall conclude Parliament whither contra formam Statuti or Statutorum For if a Statute be temporary and afterwards continued for a longer time or made perpetual and never discontinued there without doubt it shall be contra formam Statuti But it hath been held by some that where it was once discontinued and then revived there it is as if there were two several and distinct Statutes and the Indictment shall conclude contra formam Statutorum 9 Eliz. Palmers Case But others have held the contrary and that there is not any difference in the Case of a Statute at first temporary and afterwards before any discontinuance continued for a longer time or made perpetual and a Statute discontinued and then revived but that it shall in both Cases be held but as one Statute and that the Conclusion shall be contra formam Statuti and not Statutorum unless where the Act of reviver makes any addition to the former Act or increaseth the penalty or forfeiture for then there is no doubt but they are two distinct Acts of Parliament and according to this latter opinion hath the practice been in Informations upon 5 Eliz. 9. of Perjury which determined 14 Eliz. and was revived 29 Eliz. 5. § 2. N. 3. and yet all Informations thereupon conclude contra formam Statuti And so as it seems ought all Indictments upon this Statute of 35 Eliz. 1. § 13. N. 4 notwithstanding its discontinuance and reviver Owen 135. Wests Case 2 Cro. 170. pl 9 Yelvert 116. pl. 165. and 3 Cro. 750. L. The Laws c. 137. Abr. 133. Days Within three months next after such person shall be apprehended or taken 35 Eliz. 2. § 8. N. 3. Wingate Crown 80. clearly mistakes the meaning for he saith that a Popish Recusant whose Estate is under value must make the submission prescribed by this Act within three months next after his arrival at his place of abode which is a complicated Error for he quite leaves out him who is to repair to the place where he was born or his Father or Mother dwells he makes the party lyable to such submission before he becomes an offender by not repairing or not presenting himself and giving in his true name or Travelling above five Miles He speaks nothing of his being apprehended whereas by the Act he cannot be required to abjure untill three months after his apprehension and he turns the three months after his apprehension into three months after his arrival all great mistakes and fit to be taken notice of by Justices of Peace whose part it is to require the submission and abjuration that they may not be misled in the Execution of this part of their office by trusting to that abridgment LI. The Laws c. 138. Abr. 134. Being thereunto required by the Bishop c. 35 Eliz. 2. § 8. N. 3. If the offender be not before the end of the three months next after his apprehension required by the Bishop a Justice of Peace or the Minister or Curate to make such submission he cannot be required afterwards nor be compelled to abjure by force of this Act but if he be required within the three months to make submission and refuse he may be at any time afterwards warned or required to abjure LII The Laws c. 138 139. Abr. 135. Exile The Oath of abjuration 35 Eliz. 2. § 8. N. 4. may be in this form or to this effect You shall Swear that you shall depart out of this Realm of England and out of all other the Kings Majesties Dominions and that you shall not return hither or come again into any of his Majesties Dominions but by the Licence of our said Soveraign Lord the King or of his Heirs So help you God 3 Inst â—17 Stamford 119 120. Wilkinson 66. hath set down another form c. resembling that of a Felon c. vet Magna Chart. 167. b. 168. This hear you Sir Coroner that I J. M. of H. in the County of S. am a Popish Recusant and in the contempt of the Laws and Statutes of this Realm of England I have and do refuse to come to hear Divine Service there read and exercised I do therefore according to the intent and meaning of 35 Eliz. 2. § 8. N. 4. c. abjure the Land and Realm of King Charles now King of England Scotland France and Ireland and I shall hast me towards the Port of P. which you have given and assigned to me and that I shall not go out of the high-way leading thither nor return back again c. If I do I will that I be taken as a Felon of our said Lord the King and that at P. I will diligently seek for passage and I will tary there but one Flood and Ebb If I can have passage and unless I can have it in such space I will go every day into the Sea up to my knees assaying to pass over So God me help and his holy Judgment But in alluding to the old Oath for Felony c. Wilkinson is mistaken in the very Offence for which the Popish Recusant is to abjure by force of 35 Eliz. 2. § 8. N. 4. For the Offence is not his Refusal to hear Divine Service for that is but one of the precedent qualifications of the person but the offence it self is of another nature viz. his not repairing to